INTRODUCTION
In early 2024, Uttarakhand became India’s first state to have implemented a Uniform Civil Code post-independence. The Uniform Civil Code of Uttarakhand Act, 2024[1] was drafted by a government-appointed panel led by Retired Supreme Court judge Ranjana Prakash Desai in the form of a massive 749-page report spread across four volumes, which contains numerous recommendations. The Uniform Civil Code includes various recommendations such as prohibiting polygamy and child marriage, setting a consistent minimum marriageable age for girls across all religious denominations, and establishing a uniform procedure for divorce.[2] While the government has argued that the UCC is a major achievement for women’s rights and gender equality, critics have noted that various provisions of the code restrict personal liberties and unfairly target minority groups.
The Uniform Civil Code (UCC) is referred to in Article 44 of the Constitution of India under the Directive Principles of State Policy, which states that the state should strive to introduce a standardized civil code applicable to all citizens throughout India. In the case of Mohd. Ahmed Khan vs Shah Bano Begum[3] in 1985, the Supreme Court bench expressed dissatisfaction with the fact that Article 44 had not been effectively enforced and urged for its enactment. This call for action was echoed in later cases such as Sarla Mudgal v. Union of India[4] in 1995 and John Vallamattom v. Union of India[5] in 2003. Therefore, the new code in Uttarakhand has been widely perceived as a tool to test the waters for a nationwide counterpart, since a Uniform Civil Code for India is also among the key objectives on the ruling party’s agenda, alongside the repeal of Article 370 in Jammu and Kashmir and the construction of the Ram Temple in Ayodhya.[6]
In such a situation, where the possibility of the Uttarakhand Uniform Civil Code being reaffirmed at the national level looms large, it is pertinent to analyse the merits and demerits of its provisions and their implications for the nation.
PROVISIONS OF THE CODE EXPLAINED
Firstly, the Uniform Civil Code establishes a uniform set of laws for marriage, divorce, inheritance of property, etc., that were previously dictated by separate religious laws. This shared code prohibits bigamy and polygamy between people across religions.
Secondly, the Code is expected to grant Muslim women a larger share of property (likely 50%) compared to the current 25% share allocated to them under Muslim personal laws. Other departures from Muslim personal laws include the prohibition of nikah halalah and the iddat period, which is followed by Muslim women after divorce or death of their husband as a period of waiting before remarrying.[7]
Additionally, other important aspects of the UCC consist of providing sons and daughters with equal property rights, removing the legal differentiation between legitimate and illegitimate children, and ensuring equal treatment for both adopted and biological children.
The Uniform Civil Code of Uttarakhand covers a range of changes in civil society, including recommendations related to inheritance rights, compulsory marriage registration, and a higher legal age for girls to marry, which would allow them to prioritize education before tying the knot. Furthermore, the code posits that couples who do not legally register their marriage will not be able to access the associated government benefits, indicating a push for greater legal documentation.[8]
First, the code also mandates the registration of live-in relationships between unmarried couples. According to the Act, couples living together without marital ties are required to provide a statement declaring their live-in relationship to the registrar, who then carries out a brief inquiry within 30 days. As part of this examination, the partners may have to provide further details or proof if deemed necessary.
Additionally, the registrar shares the statements with the local police and notifies their parents if either partner is below 21 years of age. If such a statement is not provided by a couple, the registrar, in case of a “complaint or information,” may issue a notice requiring them to submit it within 30 days. If individuals stay in a live-in relationship for more than a month without notifying the authorities, they could face penalties, which may include imprisonment for up to three months, a fine of up to 10,000 rupees, or both. Even the termination of such a relationship is to be reported to the registrar, who in turn is responsible for reporting it to the police.[9]
CRITICISM
The provisions of the code have been subject to widespread criticism from experts and in popular media. Despite being perceived as a successful legislation in certain avenues, it fails to adequately address many important gaps in the current framework of personal laws. While the Uniform Civil Code (UCC) claims to advocate for women’s rights, experts believe that measures like mandating the registration of live-in relationships do not in reality further women’s interests. They contend that such provisions are restrictive of women’s autonomy, making them susceptible to monitoring by both the government and conservative groups.
Legal experts have questioned the State’s power to override the Supreme Court’s validation of live-in relationships by making registration of the same mandatory and have expressed concerns that maintaining records of such relationships could create difficulties for women, leading to marital disruptions, complaints from conservative relatives and neighbours, and needless intrusion into their private lives through the state machinery. Women belonging to orthodox families might also encounter obstacles in marriage based on records of their past relationships and such records could potentially be used for harassment by the police, or worse, for blackmail.[10]
Despite great anticipation, the Uniform Civil Code also fails to recognise the Irretrievable Breakdown of Marriage as a ground for divorce, discounting the recommendations of the 71st Law Commission report which advocated for its inclusion. Another drawback of the code is its limited applicability to heterosexual couples, thus leaving LGBTQ+ couples residing within the state outside its purview.[11]
CONCLUSION
The implementation of Uttarakhand’s Uniform Civil Code marks a significant step in India’s legal landscape, reflecting a bold move towards standardized civil laws across religious lines. The UCC’s comprehensive provisions, from prohibiting polygamy to ensuring equal property rights for sons and daughters, underscore a commitment to gender equality and women’s rights. However, the code has sparked substantial controversy, with critics arguing that certain measures, such as mandatory registration of live-in relationships, infringe on personal liberties and disproportionately affect women and minority groups.
While the Uniform Civil Code aims to harmonize civil laws and set a precedent for potential nationwide adoption, its success and fairness will largely depend on addressing these criticisms and ensuring that the code genuinely enhances personal freedoms rather than curtailing them. The debate surrounding the UCC highlights the delicate balance between upholding individual rights and pursuing uniformity in civil and personal law, an issue that will continue to shape India’s socio-legal discourse in the years to come.
Author(s) Name: Chhavi Singh (NALSAR University, Hyderabad)
References:
[1] Uniform Civil Code of Uttarakhand Act 2024
[2] Manjiri Chitre, ‘What Is Uttarakhand’s Uniform Civil Code Bill? Explained’ (Hindustan Times, 6 February 2024) <https://www.hindustantimes.com/india-news/what-is-uttarakhands-uniform-civil-code-bill-explained-101707187356123.html> accessed 7 June 2024
[3] Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556
[4] Sarla Mudgal v. Union of India (1995) 3 SCC 635
[5] John Vallamattom v. Union of India (2003) 6 SCC 611
[6] Devesh Kumar, ‘Uttarakhand Assembly passes UCC Bill; becomes India’s first state to implement Uniform Civil Code’ (Live Mint, 7 February 2024) <https://www.livemint.com/politics/news/uttarakhand-assembly-passes-ucc-bill-becomes-indias-first-state-to-implement-uniform-civil-code-11707310389777.html> accessed 7 June 2024
[7] Neeta Sharma, ‘Uttarakhand Takes Up Uniform Civil Code: Bill Explained’ (NDTV, 6 February 2024) <https://www.ndtv.com/india-news/explained-what-is-uttarakhands-uniform-civil-code-bill-5002455.> accessed 7 June 2024
[8] Ibid
[9] Soutik Biswas, ‘Uttarakhand UCC: Indian State wants to govern live-in relationships’ (BBC, 7 February 2024) < https://www.bbc.com/news/world-asia-india-68224969.> accessed 7 June 2024
[10] Ismat Ara, ‘Uniform Civil Code: Testing the Waters?’ (Frontline, 19 February 2024) <https://frontline.thehindu.com/news/uttarakhand-uniform-civil-code-controversy-over-womens-rights-and-minority-targeting-india/article67864614.ece.> accessed 7 June 2024
[11] Kartavi Satyarthi, ‘Hits and misses of Uttarakhand Uniform Civil Code: What the Bill does, and does not do’ (Indian Express, 6 February 2024) <https://indianexpress.com/article/explained/explained-law/uttarakhand-uniform-civil-code-takeaways-9147379/.> accessed 7 June 2024
