GG News Bureau
New Delhi, 1st Feb. The next extraordinary session of the Uttarakhand Assembly on February 5 has sparked widespread interest since it is set to debate and pass the Uniform Civil Code (UCC) Bill. This legislative action follows the thorough work of a five-member committee led by former Supreme Court Justice Ranjana Prakash Desai, which is scheduled to give its entire findings just days before the parliament meets. The Bharatiya Janata Party (BJP) made a major campaign pledge during the 2014 general elections to establish a Uniform Civil Code to govern things such as marriage, inheritance, divorce, and adoption, which laid the groundwork for this development. This vow was reiterated in the party’s 2022 campaign for the Uttarakhand state elections, which emphasized the creation of a standard set of personal laws regardless of religious affiliation.
How has UCC achieved in Uttrakhand?
In June, the five-person panel led by Desai finished drafting a report for Uttarakhand’s Uniform Civil Code. On March 13, 2020, Desai was named chair of the Indian Delimitation Commission. In the voting, she was also one of the judges who had decided in favor of a NOTA provision.
UCC in Uttarakhand arose from the BJP unwavering commitment
The Uniform Civil Code (UCC) in Uttarakhand arose from the Bharatiya Janata Party’s (BJP) unwavering commitment to implementing a comprehensive UCC as part of its political promises. This dedication is not only political, but also consistent with the constitutional objective contained in Article 44 of the Indian Constitution. Article 44 of the Directive Principles of State Policy states that “the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” This constitutional provision represents the desire for a standardized set of personal laws that would apply equally to all people, regardless of religious convictions. The presence of this principle in the Directive Principles underscores the UCC’s intellectual foundation, highlighting the significance of a uniform legal framework as an essential component of government. The BJP’s pursuit of the UCC in Uttarakhand is not just a fulfillment of election pledges, but also an attempt to match legislative procedures with constitutional instructions aimed at promoting social harmony and legal uniformity across the country’s heterogeneous fabric.
A Committee formed
The formation of the important five-member committee, entrusted with the responsibility of developing the Uniform Civil Code (UCC) in Uttarakhand, occurred in the wake of the Bharatiya Janata Party’s (BJP) success in the state elections in May 2022. Following the electoral victory, the Uttarakhand government announced the formation of this committee, demonstrating its commitment to implementing the UCC.
The group, which included eminent individuals and was led by former Supreme Court Justice Ranjana Prakash Desai, was tasked with producing a detailed study and developing the UCC Bill. This smart move demonstrated the BJP’s determination to turn its campaign promises into actionable legislative initiatives.
Why is there a delay in committee work
The committee, charged with the huge task of developing Uttarakhand’s Uniform Civil Code (UCC), went on a comprehensive outreach campaign to elicit public feedback. Over the course of its work, the committee got an astounding response, with over 2.5 lakh proposals from the public. These proposals were collected through a variety of media, including letters, registered posts, emails, and an internet platform for accepting feedback.
Despite the committee’s care, the procedure faced numerous obstacles, necessitating an extension of the report submission deadline. Originally scheduled to complete its work and present the report in November 2022, the committee encountered unexpected problems, causing delays. The political scene, which included resistance from other groups such as the Congress and AIMIM, added a dimension of complication to the proceedings. The criticism from political circles added another layer of controversy, forcing more time for the committee to overcome these hurdles and arrive at a complete and well-considered set of recommendations.
What are the key provisions of the Uttarakhand UCC
The proposed Uniform Civil Code (UCC) for Uttarakhand includes significant measures aimed at bringing about progressive improvements in personal laws. These elements, which represent the committee’s considerations and the government’s position, demonstrate a commitment to gender equality and modernizing familial interactions.
The UCC places a strong emphasis on promoting gender equality within the legal framework. This includes rules aimed at treating men and women equally in matters of inheritance and eliminating historical imbalances in ancestral properties.
Equal Rights for Daughters in Ancestral holdings: A key component of the UCC is the commitment to ensuring equal rights for daughters in ancestral holdings. This is a change from earlier norms, in which gender distinctions frequently influenced inheritance rights.
Rejection of Certain behaviors: The UCC takes a bold stand by rejecting certain behaviors that have caused controversy and hostility from diverse sectors. This includes rejecting polygamy, practicing iddat (a waiting time for women after divorce or the death of a spouse), and adhering to halal (dietary standards). This refusal is consistent with calls from Muslim women for improvements to personal laws.
The UCC retains the existing minimum marriageable age of 18 years for women and 21 years for males. While gender neutral, this clause adheres to existing legal standards and assures compliance with current marriage laws.
Regulation of Live-In partnerships: In line with current socioeconomic dynamics, the UCC suggests regulating live-in partnerships. The code includes regulations that require disclosures for both the commencement and termination of live-in relationships. This shows an attempt to offer legal recognition and framework for such partnerships.
These essential measures collectively reflect an intention to modernize personal laws, preserve gender equality principles, and address specific demands from various parts of the community. If approved, the UCC for Uttarakhand has the potential to significantly alter the legal environment, notably in family and personal affairs.
Other states are also showing their support for UCC
Other states, particularly Gujarat and Assam, are likely to follow Uttarakhand’s lead and pass similar Uniform Civil Code (UCC) bills. The pioneering efforts of one state to create a UCC frequently act as a springboard for similar legislative attempts in other regions.
Gujarat, a key player in this possible trend, had already formed a committee in 2022 to investigate several aspects of the UCC. This demonstrates the state government’s proactive stance to investigating the implementation of a consistent set of personal laws. Assam’s Chief Minister, Himanta Biswa Sarma, has openly stated his strong support for the UCC. This loud backing indicates a political will to pursue the passage of such legislation in Assam, which is consistent with the larger national narrative.
The reference to Goa as the country’s first state to apply the Uniform Civil Code serves as a historical precedent. The successful implementation of a UCC in Goa may inspire other governments to explore similar steps, based on previous experiences.
In advance of the Uttarakhand Assembly’s passage of the UCC Bill on February 5, the legislative move has far-reaching ramifications for gender equality and personal legislation. The potential impact on other states, as demonstrated by Gujarat and Assam, represents a transformative journey toward a uniform civil code in India. Recognizing the BJP’s political strategy, the strategic emphasis on gender equality, and modest legislative moves highlight a coordinated attempt to reform legal frameworks, paving the path for consistency and modernization across the country. The impending enactment in Uttarakhand may serve as a forerunner to a bigger national discussion about unifying various personal laws.
