Historic day, says Dhami as Uniform Civil Code comes into force in Uttarakhand

DEHRADUN: Uttarakhand on Monday became the first state to enforce the Uniform Civil Code (UCC), a common set of laws that subsume customary laws across faiths and govern issues such as marriage, divorce, inheritance and maintenance.

Chief minister Pushkar Singh Dhami also launched the UCC portal to be used by people for registration of marriage, divorce, rights of inheritance, live-in relationship and its termination under the UCC, and released the rules that will govern implementation of the law.

“Today is a historic day for not only Uttarakhand but the entire country. Today, the UCC law that will ensure equality is being rolled out in the state. The real credit goes to the people of the state who blessed me. Today with this rollout, we also pay our tributes to BR Ambedkar and other members of the Constituent Assembly that drafted the Constitution of India,” the chief minister said at an event in state capital Dehradun to mark the occasion.

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Dhami also thanked Prime Minister Narendra Modi and Union home minister Amit Shah , saying it was only under their leadership that Uttarakhand has been able to bring UCC in the state. He recalled that the Bharatiya Janata Party (BJP) had promised UCC in the run-up to the 2022 assembly elections. “We had promised that after our government comes to power, it would be the first decision of the government. And today the wait has finally ended”

The Uniform Civil Code, Uttarakhand, 2024 was passed by the state assembly on February 7, 2024. But the law had not come into effect in the absence of the rules.

A notification issued by the state government hours ahead of the event said,”ln exercise of the powers conferred by sub-section (2) of section 1 of The Uniform Civil Code, Uttarakhand, 2024 (Act no 3 of 2024), the Governor hereby appoints the date 27the January 2025 as the date on which the said Code shall come into force”.

At Monday’s event, Dhami registered himself on the UCC portal and handed over the marriage registration/acknowledgement certificate to five others who registered moments later.

The chief minister reiterated that UCC didn’t target any particular religion or section and would end discriminatory practices based on gender and ensure the same rights for all people.

“UCC will ensure women empowerment and their security. Discriminatory practices like Halala, triple talak and child marriage will be stopped. UCC is not against any religion or section, there will be no interference with marriage rituals and customs. It is not meant to target anyone. It is meant to end discriminatory practices and ensure equality for all. Major Muslim countries and civilised societies in the world already have UCC”.

To be sure, the UCC will not apply to the Scheduled Tribes notified under Articles 342 and 366 (25) of the Constitution and the persons and communities protected under Part XXI of the Constitution.

On live-in relationships, the CM said, “We are not infringing upon the privacy of people who are in live- in relationships. We want the security of live-in couples. There have been cases where people in live-in relationships have been murdered. There was a case in which one Shraddha Walkar was murdered by her live-in partner in Delhi in 2022. We don’t want Shraddha Walkar- like cases here”.

The chief minister said January 27 would be observed as “Saman Nagrik Samhita Diwas” in the state.

Former chief secretary Shatrughna Singh, who headed the committee that drafted the UCC rules, said the committee had consulted with people. “One message we got from the people - was they wanted it that UCC should be easy to follow and understand. The first focus was time-bound delivery with transparency and accountability. We have also started tatkal service for those who need registration certificates at the earliest. Those who are already in polygamous relationships, they will also have to register themselves. Those who have ended their marriage under customary laws will also have to register. People can also file complaints on the portal in case their registrations are rejected. People can also appeal against the rejections. We have also focussed on ensuring that the procedure should be user-friendly. We ensured that the people are guided step-by-step on the portal. The portal has been integrated with the data of various departments concerned which will help the applicants while they are applying for the registrations”

The official said the government had taken steps to protect privacy of people and data related to individuals will not be in the public domain.

Chief secretary Radha Raturi said the portal has provided a user- friendly process for registration. All the departments and officials concerned have been asked to ensure registrations within a fixed time frame.

The UCC has provisions for equal rights for women in inheritance in ancestral properties, equal rights to adopt, divorce and a ban on polygamy, mandatory registration/self-declaration for live-in relationships, mandatory registration of marriage of marriages and divorce, (common marriageable age, 18 for women and 21 for men. Apart from provisions for online registration of live-in relationships, marriages, deaths and births and wills, those who are not digitally literate, can register through CSCs (common services centres), located across the state.

The BJP’s hard push for UCC in Uttarakhand is in line with its ideological promise that has been a part of its manifesto for a decade. The issue assumed a national profile in June 2023, when Prime Minister Narendra Modi spoke to BJP booth workers and made a strong case for UCC. In its election manifesto before the Lok Sabha elections last year, BJP promised to implement the Uniform Civil Code in the country.

“Bringing Uniform Civil Code: Article 44 of the Constitution lists Uniform Civil Code as one of the Directive Principles of State Policy. BJP believes that women will only get equal rights, and the BJP reiterates its stand to draw a Uniform Civil Code, drawing upon the best traditions and harmonizing them with the modern times,” the manifesto said.