Uttarakhand releases panel report, UCC likely to take effect in October

Five months after Uttarakhand became the first state in India to enact a Uniform Civil Code, it released the findings of a five member draft committee that had deliberated for close to two years before the law was cleared by cabinet and the assembly, which said that the code is a step towards realising the “lofty constitutional goals of creating an egalitarian society and inculcating a sense of justice, liberty, equality and fraternity, as well as a sense of unity, integrity and nationhood among the citizens.”

The law was passed in the Uttarakhand assembly in February, months before the Lok Sabha elections, with the process of the framing of rules underway, likely to be formalised by the end of 2024, officials said.

The Uniform Civil Code—which essentially refers to a common set of laws that that everyone, regardless of religion, must adhere to in personal matters like marriage, divorce, adoption, inheritance and succession—has long been an ideological fault-line in Indian politics; a key election promise in BJP manifestos, but with critics pointing out that its premise is at odds with pluralism.

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In Uttarakhand too, the UCC has several provisions that have caused intense debate—from compulsory registration of live-in relationships, declaring second marriages to be void, essentially ending polygamy regardless of religion, and allowing the dissolution of marriage only through a court order among others.

While several BJP governments have now promised to legislate a UCC, the Uttarakhand government was first off the blocks in May 2022, when it formed a five member expert draft committee headed by retired Justice Ranjana Prakash Desai. A little less than two years later, on February 2, the panel submitted its draft to Chief Minister Pushkar Singh Dhami, and it was passed by the state assembly five days later, after which it received assent from President Droupadi Murmu in March. Shatrughan Singh, a member of the UCC draft committee, said that they would try to meet a government target to complete the process by October. “We are committed to fulfilling the goal,” he said.

Singh said that the Rajnana Desai led expert committee had drafted the Uttarakhand UCC citing inspiration from various sources. “These included feedback during field visits, existing national and international legislations, reports of the law commission, reports of parliamentary committees, constituent assembly debates.”

Also Read | ‘Congress opposes UCC, supports Sharia under guise of Muslim Personal Law’: PM Modi

The 169-page report that the UCC seeks to move towards constitutional goals of creating an “egalitarian society” by bringing the “personal laws of the different communities under one umbrella and in line with contemporary realities without unnecessarily infringing on the varied religious rites, rituals and ceremonies.” “Customs and usages that are not against morality and public order are also sought to be protected,” the report said.

It said that the law attempts to get rid of “age-old” stereotypes on remarriage, establish a comprehensive framework for registration of marriages and divorces, bring uniformity and simplicity in succession and inheritance. “The Code attempts to remove inherently biased provisions and lay down a law, which is free from any pre-conceived notions of traditional gender roles. For example, as per Section 12 of the Hindu Marriage Act, 1955, a marriage is voidable on the ground that the respondent was at the time of the marriage pregnant by some person other than the petitioner. However, a marriage wherein the husband had impregnated someone else at the time of the marriage is not voidable, nor is this a ground for divorce. The Code seeks to address such inequalities,” thereport said.

“Registration of marriages is not compulsory under some personal laws that are presently applicable in our country. The significance of compulsory registration of marriages has been recognised globally... It provides legal recognition to marriages and protects the civil rights that flow out of marriage. It keeps a check on social vices like polygamy and child marriage, and provides the security of extending certain legal safeguards to women. In furtherance of these objectives, the Code has introduced a comprehensive procedure for registration of marriages in the State of Uttarakhand. It places a burden on all residents of the State, whose marriages will be solemnized or contracted after the commencement of the Code to mandatorily obtain registration of their marriages, in accordance with the procedure laid down in the Code,” the committee said in the report.

On succession and inheritance, the panel in report said, “The Code envisages a uniform scheme of inheritance for all residents of Uttarakhand, irrespective of their religion, custom, caste, sex, race or ethnicity. Taking a cue from section 27 of the Indian Succession Act, 1925, no preferential right has been given to heirs related by full blood over those related by half blood. The distinction between consanguine and uterine relations is also not recognised. The Code marks a significant departure from the scheme of inheritance laid down in earlier personal laws, in as much as it does not differentiate between the inheritance rights of legitimate and illegitimate children. Further, the Code provides equal rights in inheritance to both the parents, that is, the mother and the father. It applies equally to all kinds of properties, whether movable or immovable, self-acquired, joint or ancestral, tangible or intangible, agricultural or non-agricultural, and residential or commercial,” the report said.

Justifying its stance on the required registration of live-in relationships, the report said, “Since there is no legal recognition accorded to their union, the partners in a live-in relationship go unnoticed even when they violate the law. With the rising incidences of crime emanating from live-in relationships, as has been highlighted by the media, it has been found necessary to keep a record of the individuals involved in live-in relationships.”

On its directions on live-in relationships, which as part of the registration process necessitates that parents be notified, Singh said that this was “debated” by the committee. “If you have voting rights above 18, then how are you informing the parents of the children who want to get into a live in relationship. The second aspect of the debate is that between 18 and 21 years, a person may not be mature enough and needs additional protection. It is better that parents are kept in loop. Crimes have come to light against young girls. The committee considered all these factors and expressed its view. If it is challenged in the court of law, the court will see. The committee is of the view that this should come,” Singh said.

Chief minister Pushkar Singh Dhami said, “The people of the state had elected us for this work. After the implementation of UCC here, many complexities in the laws will be simplified, people will get justice easily, and a uniform system will be implemented for all.”

Reacting to the report, Uttarakhand Congress chief spokesperson Garima Mehra Dasauni said: “First of all it should have been implemented in the country. UCC itself suggests that there should be uniformity. Uttarakhand is left isolated... in Uttarakhand too, the government didn’t cover the complete population, and left tribals. The BJP is confused about what they are bringing... The people of the state aren’t excited about the UCC.”