At the core of this legislative triumph lies a steadfast commitment to dismantling outdated gender norms and promoting inclusivity. The UCC boldly challenges entrenched patriarchal structures within traditional personal laws. By ensuring equal rights and opportunities for all genders, irrespective of societal constraints or religious affiliations, the UCC epitomises India's unwavering dedication to gender parity.

Critics of the UCC vacillate between acknowledging its transformative potential and questioning its biases, such as those pertaining to the age of marriage, live-in relationships, and inheritance. Let’s take these up one by one.

What the law will achieve

In the intricate tapestry of marriage and divorce, the UCC helps reshape gender dynamics and familial relations. Central to its mission is the establishment of a uniform minimum age of marriage for women, transcending religious or cultural boundaries. This provision safeguards their rights, well-being, and autonomy, allowing them the opportunity to pursue education, career aspirations, and personal growth before marriage. Delaying marriage until adulthood also mitigates the risks of early pregnancies, safeguarding the health of both mother and child.

By proscribing polygamy, the UCC aims to safeguard the fundamental principles of equality, respect, and dignity within relationships and society at large. Polygamy perpetuates gender inequality by often relegating women to subordinate roles within the marriage and exacerbating economic disparities as resources are divided among multiple households, potentially depriving some family members of basic necessities.

The UCC also provides for uniformity in the rights and procedures concerning the dissolution of marriages, regardless of religious beliefs and practices. This plays a pivotal role in protecting the interests of women by ensuring their financial security and safeguarding their rights within the dissolution of a marriage. The UCC affords women from all strata of society, irrespective of their religion or customs, fair access to financial support, assets, and resources following a divorce.

By mandating a uniform marriageable age and abolishing discriminatory conditions for women in the areas of marriage, divorce and remarriage, the UCC lays the groundwork for a more egalitarian society.

Its provisions for mandatory registration of marriage serve as bulwarks against deception and exploitation and ensure transparency and accountability within marital relationships.

The UCC grants equal rights to sons and daughters, regardless of lineage or circumstance, in matters of inheritance. The UCC has streamlined inheritance regulations to ensure gender equality across all fronts. It eliminates previous differentiation between separate and coparcenary joint family property and rectifies the unequal shares allotted to women under certain personal laws. Even unborn children find protection under this progressive legislation, underscoring its unwavering commitment to inclusivity and justice.

The live-in debate

One aspect of the UCC that has faced criticism is the mandatory registration of live-in relationships. However, this criticism stems from a misunderstanding of its intent. Far from promoting moral policing, this initiative serves as a bastion of protection for couples, offering legal recognition and support in a society where autonomy and consent must reign supreme. The UCC recognizes the right of maintenance to the woman and legitimacy to the children born out of the live-in relationship. Hence, it becomes imperative to have a legitimate record of the live-in relationships. The requirement is not aimed at harassing the couple but to create a record of proof for the live-in relationship, ensuring the rights of the woman and the children are properly protected in any future legal battle.

In conclusion, the enactment of the Uniform Civil Code in Uttarakhand signifies not only a legislative triumph but also a testament to India's ongoing journey towards progress and equality. As the wheels of change continue to turn, one thing remains certain - the enduring legacy of the UCC will shape the fabric of society, heralding a brighter and more equitable future for generations to come.

Bansuri Swaraj is an advocate and the secretary of the Delhi-Bharatiya Janata Party. The views expressed are personal.