THE LAWWAY WITH LAWYERS JOURNAL
VOLUME:-7 ISSUE NO:- 7 , JANUARY 18 , 2024
ISSN (ONLINE):- 2584-1106
Website: www.the lawway with lawyers.com
Email: thelawwaywithelawyers@gmail.com
UTTARAKHAND’S LANDMARK UNIFORM CIVIL CODE
Authored by:- SUBRAT ASHISH KHARE
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM
PROGRAMME – BA-LLB [HONS.]
YEAR OF STUDY – 2nd YEAR
ABSTRACT
With the passage of the Uniform Civil Code (UCC) Bill, Uttarakhand has become the first state in independent India to support gender equality, secularism, and social peace. In addition to addressing important issues like marriage, inheritance, and cohabitation, the Uttarakhand UCC also raises concerns about the violation of private rights, the rights of LGBTQIA+ people, and the exclusion of indigenous populations. In Uttarakhand, the UCC creates a standard framework for cohabitation by mandating that consenting adults submit a joint declaration to a Registrar before to starting a cohabitation. Equal inheritance rights for men and women, irrespective of their faith or creed, are another goal of the measure. The UCC’s capacity to reconcile the interests of many stakeholders to create uniformity in personal laws will determine how successful it is in Uttarakhand. Given that it meets the long-standing objective of a Uniform Civil Code across the entirety of India, the UCC in Uttarakhand has the potential to serve as a model for other states and the federal government. The UCC in Uttarakhand will be thoroughly discussed in this article, with an emphasis on its main features and ramifications as well as the issues brought up by different stakeholders. The article tackles the long-standing objective of a Uniform Civil Code throughout the territory of India, emphasizing how the UCC in Uttarakhand may serve as a model for other states and the federal government.
Keywords: Inheritance, live-in partnerships, gender equality, social harmony, secularism, and the Uniform Civil Code of Uttarakhand.
INTRODUCTION
Article 44 of the Indian Constitution proposes the creation of a Uniform Civil Code (UCC), which is categorized under the Directive Principles of State Policy. The UCC seeks to create a uniform legal system for all Indian citizens, regardless of gender or religion, to advance secularism, gender equality, and societal peace. The UCC’s implementation, however, has been controversial due to concerns expressed regarding the violation of LGBTQIA+ rights, privacy rights, and the exclusion of indigenous populations. Uttarakhand became the first state in independent India to enact the UCC Bill on February 7, 2024. This historic action intends to foster a more inclusive and harmonious society. The UCC in Uttarakhand will be thoroughly discussed in this article, with an emphasis on its main features and ramifications as well as the issues brought up by different stakeholders. The article tackles the long
standing objective of a Uniform Civil Code throughout the territory of India, emphasizing how the UCC in Uttarakhand may serve as a model for other states and the federal government.
UTTARAKHAND’S LANDMARK UNIFORM CIVIL CODE
Uttarakhand became the first state in independent India to enact the Uniform Civil Code (UCC) Bill on February 7, 2024. This historic action, which establishes uniform regulations for all citizens, irrespective of their religion or creed, seeks to advance social peace, gender equality, and secularism. The Uttarakhand Uniform Civil Code (UCC) covers four main categories (marriage, divorce, inheritance, and cohabitation)1 and is divided into seven schedules and 392 parts. The measure grants equal inheritance rights to men and women and also calls for the abolition of halal, iddat, polygamy, and polyandry. Concerns over the bill’s violation of LGBTQIA+ rights, privacy rights, and native communities’2 lack of inclusion have also been voiced. The UCC in Uttarakhand will be thoroughly discussed in this essay, with an emphasis on its main features and ramifications as well as the issues brought up by different stakeholders.
THE UCC IN UTTARAKHAND: ABRIEF OVERVIEW
The UCC in Uttarakhand aims to eliminate disparate legal systems based on different religions and communities, thereby promoting a more cohesive and inclusive society. The bill proposes common rules on marriage, divorce, inheritance of property, and live-in relationships for all residents of Uttarakhand (except Scheduled Tribes), regardless of their religion or faith.3 The bill has seven schedules and 392 sections, focusing on four key areas – marriage, divorce, inheritance, and live-in relationships.
MARRIAGE IN UTTARAKHAND’S UCC
The Uttarakhand Uniform Civil Code (UCC) provides a uniform framework for marriage, irrespective of religion or creed, to foster social peace and gender equality. In Uttarakhand, the UCC suggests setting a minimum marriage age of 18 for both men and women. The UCC also seeks to outlaw customs including iddat, halal, polygamy, and polyandry. There is worry that the measure may not sufficiently safeguard the rights of the LGBTQIA+ community because the Uttarakhand UCC does not specifically address these rights. Tribal tribes in
in the UCC. In Uttarakhand, the UCC advocates for equal inheritance rights for men and women, irrespective of their spirituality or religious beliefs. This clause tackles the historical differences in inheritance rules and represents a major step towards gender equality.
DIVORCE IN UTTARAKHAND’S UCC
The UCC in Uttarakhand suggests a standard divorce procedure, irrespective of the parties’ respective religious or spiritual beliefs. The law seeks to lessen the load on the courts and streamline the divorce procedure.4 There is worry that the measure may not sufficiently safeguard the rights of the LGBTQIA+ community because the Uttarakhand UCC does not specifically address these rights.5 Tribal tribes in Uttarakhand, which are governed by their customary laws, are likewise not included in the UCC. In Uttarakhand, the UCC seeks to eradicate customs like iddat, halal, polygamy, and polyandry while also advancing female equality. In Uttarakhand, the UCC also suggests that men and women have equal inheritance rights, irrespective of their faith or creed.
LIVE-IN PARTNERSHIPS IN THE UCC OF UTTARAKHAND
When it comes to live-in partnerships, the UCC in Uttarakhand mandates that consenting people submit a “joint statement” to a Registrar before starting the relationship. The Registrar has the authority to review the declaration, investigate to make sure the union is not “prohibited,” and even call the couple. The State authority has thirty days to record the statement in a register and provide the couple with a “registration certificate,” allowing them to start a live-in relationship. Only “for the purposes of record” is the exercise being done. There is worry that the measure may not sufficiently safeguard the rights of the LGBTQIA+ community because the Uttarakhand UCC does not specifically address these rights. Tribal tribes in Uttarakhand, which are governed by their customary laws, are likewise not included in the UCC. In Uttarakhand, the UCC seeks to eradicate customs like iddat, halal, polygamy, and polyandry while also advancing female equality. In Uttarakhand, the UCC also suggests that men and women have equal inheritance rights, irrespective of their faith or creed. Live-in
relationships are also covered under the Uttarakhand UCC, which mandates that consenting people submit a “joint statement” to a Registrar before to beginning a live-in relationship. The Registrar has the authority to review the declaration, investigate to make sure the union is not “prohibited,” and even call the couple. The State authority has thirty days to record the statement in a register and provide the couple with a “registration certificate,” allowing them to start a live-in relationship. Only “for the purposes of record” is the exercise being done.
INHERITANCE
The Uniform Civil Code (UCC) of Uttarakhand places a strong emphasis on inheritance. The UCC seeks to grant men and women, irrespective of their faith or belief, equal inheritance rights. The UCC Bill, which names the deceased’s spouse, children, and parents as Class I heirs, is similar to the Indian Succession Act (ISA) for those who pass away without leaving a will.6 Other heirs, such as the deceased’s brother, sister, and their offspring, will receive the property if these heirs are not present. Additionally, the Shariat for Muslims’ limitation on testamentary succession does not apply to the UCC Bill. The UCC Bill offers some significant modifications to the inheritance laws and repeals any current laws that conflict with it. For instance, under the UCC Bill, the mother and father share equal heirship to their children’s property. The rights of the LGBT community concerning inheritance laws are not specifically addressed by the UCC Bill. But even for Hindus, the Law Commission has suggested in its 2018 Report on the Uniform Civil Code that a certain amount be set aside for the widow. In conclusion, the UCC in Uttarakhand seeks to grant all citizens, irrespective of their faith or creed, equal inheritance rights. The UCC Bill includes provisions that support gender equality and rectify historical differences in inheritance laws. Concerns regarding the bill’s inclusiveness and lack of violation of rights will need to be addressed, nevertheless, since its implementation and social effects will be constantly observed.
CONCERNS AND IMPLICATIONS
The Uttarakhand UCC has been praised for promoting gender equality and societal harmony, but it has also sparked worries about rights violations, discrimination against LGBTQIA+ people, and the exclusion of indigenous populations. There is worry that the measure may not sufficiently safeguard the rights of the LGBTQIA+ community because the Uttarakhand UCC does not specifically address these rights. Additionally, indigenous tribes are not included by the bill since they are controlled by their own customs. Since consenting parties in Uttarakhand must submit a joint statement to a Registrar prior to starting a live-in relationship, the UCC has come under fire for violating people’s right to privacy. Concerns have been expressed over this provision’s potential for government monitoring as well as possible restrictions on people’s ability to build close relationships.
THE UCC’S PROSPECTS IN UTTARAKHAND
The Uttarakhand Assembly’s passage of the UCC Bill is a major step toward achieving the long-held objective of establishing a Uniform Civil Code across the entirety of India. The UCC seeks to abolish inconsistent legal systems based on many religions and cultures to advance social peace, gender equality, and secularism.7 On the other hand, the law has also encountered criticism and worries from several sources. The UCC’s capacity to reconcile the interests of many stakeholders to create uniformity in personal laws will determine how successful it is in Uttarakhand. The law has drawn criticism for its lack of participation in native groups, its potential to violate private rights and its effect on LGBTQIA+ rights. The UCC’s inclusion and equitable treatment have come under scrutiny due to the exclusion of indigenous tribes. Given that it meets the long-standing objective of a Uniform Civil Code across the entirety of India, the UCC in Uttarakhand has the potential to serve as a model for other states and the federal government. The BJP’s strategy included passing the measure in Uttarakhand, which might inspire other BJP-ruled states to do the same. The UCC’s nationwide viability, however, is still up for debate. It is still unclear how the UCC will be applied in Uttarakhand and what effect it will have on the state and the nation at large.
CONCLUSION
The Uniform Civil Code (UCC) in Uttarakhand is a landmark legislation that aims to promote social harmony, gender equality, and secularism by establishing common rules for all residents, regardless of their religion or faith. The UCC Bill has provisions for marriage, divorce, inheritance, and live-in relationships, addressing historical disparities in personal laws and promoting gender equality. However, the bill has also raised concerns about the infringement of the right to privacy, LGBTQIA+ rights, and the non-inclusivity of tribal communities. The success of the UCC in Uttarakhand will depend on its ability to strike a balance between promoting uniformity in personal laws and addressing the concerns raised by various stakeholders. The future of the UCC in Uttarakhand is uncertain, and its implementation and impact on society will be closely watched. The bill’s potential to promote social harmony and gender equality, while also addressing the concerns raised by various stakeholders, will be a key factor in determining its success and the potential for its adoption in other states. The UCC in Uttarakhand has the potential to serve as a model for other states and the central government, as it addresses the long-standing goal of a Uniform Civil Code throughout the territory of India. However, the bill’s non-inclusivity of tribal communities and concerns about its infringement of rights will need to be addressed. In conclusion, the UCC in Uttarakhand is a significant development, and its future implications and implementation will be closely watched. The bill’s potential to promote social harmony and gender equality, while also addressing the concerns raised by various stakeholders, will be a key factor in determining its success and the potential for its adoption in other states. The UCC in Uttarakhand has the potential to serve as a model for other states and the central government, but it will need to address concerns about its inclusivity and non-infringement of rights.
BIBLIOGRAPHY
INTERNET SOURCES
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- Aaratrika Bhaumik, Uttarakhand’s Uniform Civil Code: What it means and what lies ahead? | Explained (February 02, 2024 07:21 pm), https://www.thehindu.com/news/national/uttarakhands-uniform-civil-code-what-it means-what-lies-ahead-explained/article67795962.ece.
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1 Aaratrika Bhaumik, Uttarakhand’s Uniform Civil Code: What it means and what lies ahead? | Explained (February 02, 2024 07:21 pm), https://www.thehindu.com/news/national/uttarakhands-uniform-civil-code-what it-means-what-lies-ahead-explained/article67795962.ece.
2 Avaneesh Mishra, Ajoy Sinha Karpuram, 4 takeaways from Uttarakhand’s Uniform Civil Code Bill: on live-in relationships, bigamy and more, The Indian Express New Delhi (February 8, 2024 13:53 IST), https://indianexpress.com/article/explained/explained-law/uttarakhand-uniform-civil-code-bill-polygamy marriage-9146632/.
3 Y PROF. HARISH K. THAKUR, Uttarakhand UCC Bill and its Implications (FEBRUARY 9, 2024), https://moderndiplomacy.eu/2024/02/09/uttarakhand-ucc-bill-and-its-implications/.
4 Aaratrika Bhaumik, Uttarakhand’s Uniform Civil Code: What it means and what lies ahead? | Explained (February 02, 2024 07:21 pm), https://www.thehindu.com/news/national/uttarakhands-uniform-civil-code-what it-means-what-lies-ahead-explained/article67795962.ece.
5 Y PROF. HARISH K. THAKUR, Uttarakhand UCC Bill and its Implications (FEBRUARY 9, 2024), https://moderndiplomacy.eu/2024/02/09/uttarakhand-ucc-bill-and-its-implications/.
6 Avaneesh Mishra, Ajoy Sinha Karpuram, 4 takeaways from Uttarakhand’s Uniform Civil Code Bill: on live-in relationships, bigamy and more, The Indian Express New Delhi (February 8, 2024 13:53 IST), https://indianexpress.com/article/explained/explained-law/uttarakhand-uniform-civil-code-bill-polygamy marriage-9146632/.
7 Y PROF. HARISH K. THAKUR, Uttarakhand UCC Bill and its Implications (FEBRUARY 9, 2024), https://moderndiplomacy.eu/2024/02/09/uttarakhand-ucc-bill-and-its-implications/.