State of Uttarakhand became the first state in our independent India to implement Uniform Civil Code (UCC) in its territory. Prior to this, Goa already had a uniform civil code, but it was following a code which was framed during the 19th century and which remains into force even after it acceded to India. Therefore, the significance of the UCC of Uttarakhand is immense.
In this regard, it is to be noted that the demand for a UCC has been into contention since the time of drafting of our constitution. Some members of our Constituent Assembly believed in the immediate enactment of a Personal Civil Code for all while others believed that it should be brought into force in phases. The compromise was effectuated in the form of Article 44.
Article 44
of the Constitution, which is enshrined under Part- IV of the Constitution,
provides that
The State shall endeavour to secure for the citizens a Uniform
Civil Code throughout the territory of India
Since this article is a Directive
Principle of State Policy and cannot be enforced by the Courts of our country.
Therefore, this article remained in a cold storage for decades.
Though, at
the same time it can be said without any doubt that the Government of India
took huge steps in framing a uniform set-up for all religions, by starting to
codify the personal laws of respective religions. This initiative was first
seen in the form of the enactment of the four Hindu Laws i.e. The Hindu
Marriage Act 1955, The Hindu Adoption and Maintenance Act 1956, The Hindu Succession Act 1956, The
Hindu Minority and Guardianship Act 1956.
Similarly, Special Marriage Act 1954 was enacted.
This was
done so as to bring uniformity among all classes and forms of Hindu Religion
and then following the same exercises in
other religions as well but due to several protests and
lack of
co-ordination within several communities this initiative was left incomplete,
with certain discriminatory practices
existing in other religions.
The Supreme Court on the other hand, continuously reminded the Parliament of the relevance and need of a Uniform Civil Code. For instance, in Mohd. Ahmed Khan v. Shah Bano BegumY.V. Chandrachud stated that Article 44 has been dead letter since independence and a common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.
Similarly in Sarla Mudgal v. Union of India Justice Kuldip Singh opined that Article 44 has to be retrieved from the cold storage where it is lying since 1949. The Hon’ble Justice referred to the codification of the Hindu personal law and held, Where more than 80 percent of the citizens have already been brought under the codified personal law there is no justification whatsoever to keep in abeyance, any more, the introduction of the ‘uniform civil code’ for all the citizens in the territory of India.
Uniform Civil Code of Uttarakhand
The
journey towards the Uttarakhand UCC 2024 commenced with the constitution of
an expert committee led by former
Supreme Court Judge Justice Ranjana
Prakash Desai. After meticulous
deliberations and modifications, the bill was eventually passed by the Uttarakhand Assembly, signifying a concerted
effort towards legal reform.
The Provisions– The Uttarakhand UCC 2024 encapsulates a plethora of provisions aimed at reforming personal laws and fostering equality. Key provisions include:
Marriage: The bill mandates the compulsory registration of marriages within a stipulated timeframe, irrespective of religious affiliation. Non-compliance may incur penalties, emphasizing the importance of documentation in legal recognition.
Live-in Relationships: Notably, the bill extends legal recognition to live-in relationships, necessitating their registration and outlining procedures for termination. By conferring legitimacy to such relationships and safeguarding the rights of partners and offspring, the bill acknowledges the evolving societal dynamics.
Inheritance: A significant departure from traditional personal laws, the bill ensures gender neutral inheritance rights, guaranteeing equal shares to sons and daughters, including children born out of wedlock or through assisted reproductive technologies. By dismantling archaic patriarchal norms, the bill heralds a progressive approach towards property rights.
Prohibition of Bigamy or Polygamy: Emphatically denouncing practices of bigamy or polygamy, the bill enshrines the principle of monogamy, mandating that no individual can have multiple spouses concurrently. This provision underscores the state’s commitment to gender equality and marital fidelity.
Legal Recognition of Children: A ground-breaking provision of the bill is the abolition of the concept of “illegitimate children,” extending legal recognition to offspring born out of voidable marriages or live-in relationships. By dismantling societal stigma and ensuring equal rights for all children, irrespective of their parentage, the bill promotes inclusivity and social justice.
Implications of the Code– The passage of the Uttarakhand Uniform Civil Code (UCC) 2024 carries profound implications for society, encompassing both positive advancements and potential challenges.
On one hand, the implementation of a uniform legal framework promises to promote gender equality, simplify the legal system, and foster national integration by transcending religious divides. By abolishing discriminatory practices and ensuring equal rights for all genders, the bill heralds a progressive shift towards societal equity and empowerment. However, these positive strides are juxtaposed with a myriad of concerns that warrant careful consideration and deliberation.
Concerns relating to the Uttarakhand Uniform Civil Code
Critics
have voiced apprehensions regarding the potential infringement of privacy
rights, particularly with the mandatory
registration of live-in relationships, which raises questions about individual autonomy and the right to
privacy.
Furthermore,
the exclusion of LGBTQIA+ relationships from the UCC perpetuates discrimination and denies equal rights to
marginalized communities, reflecting broader
societal biases. Non-inclusivity towards tribal communities in the
application of the UCC also raises
concerns about equitable treatment under the law and cultural sensitivity, potentially marginalizing already vulnerable
groups.
Surveillance
issues stemming from provisions for monitoring live-in relationships pose
a threat to individual liberties,
fostering a climate of intrusive scrutiny and potential harassment. Moreover, certain provisions of
the bill may disproportionately affect women
from minority and marginalized communities, undermining their rights and
autonomy.
Way Forward
Navigating these complex terrains necessitates a comprehensive and inclusive approach that addresses divergent concerns and fosters societal consensus.
Constructive
dialogue and consultation with stakeholders, including religious
communities, legal experts, and civil
society organizations, are imperative to forge a path forward that upholds constitutional values and promotes
societal harmony. Public education campaigns
can help elucidate the benefits of the bill and garner support for its
implementation, fostering a broader
understanding of its implications.
Striving
to strike a balance between promoting uniformity in personal laws and
respecting the diverse cultural and
religious identities of society is paramount, ensuring inclusivity and equitable treatment for all citizens. Robust
mechanisms for monitoring the implementation of
the UCC and evaluating its impact on society should be established,
enabling iterative adjustments and
improvements.
Furthermore, political will and leadership are essential to navigate the complexities and challenges associated with implementing the bill, prioritizing justice, equality, and social harmony in the pursuit of a more just and inclusive society.
The
enactment of the Uniform Civil Code (UCC) in Uttarakhand represents a
significant stride towards fulfilling
the constitutional directive enshrined in Article 44. This landmark legislation not only marks a departure from
the status quo but also reflects a progressive step towards achieving gender equality,
simplifying the legal framework, and fostering national integration.
However,
the journey towards implementing the UCC is fraught with challenges and concerns that demand careful consideration
and inclusive dialogue. The potential
implications of the UCC, both positive and negative, underscore the need
for comprehensive deliberation and
engagement with diverse stakeholders.
Moving
forward, constructive dialogue, consultation, and public education campaigns
are essential to address concerns,
foster societal consensus, and ensure the equitable implementation of the UCC. Striking a balance
between promoting uniformity in personal
laws and respecting cultural and religious diversity is crucial for
fostering inclusivity and upholding
constitutional values. Moreover, robust mechanisms for monitoring and
evaluating the implementation of the
UCC, coupled with political will and leadership, are imperative for navigating the complexities and challenges
associated with this transformative legal reform.
Ultimately, the enactment of the UCC in Uttarakhand represents a significant step towards realizing the constitutional vision of a more just, equitable, and inclusive society for all citizens.
JURISEDGE
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State of Uttarakhand became the first state in our independent India to implement Uniform Civil Code (UCC) in its territory. Prior to this, Goa already had a uniform civil code, but it was following a code which was framed during the 19th century and which remains into force even after it acceded to India. Therefore, the significance of the UCC of Uttarakhand is immense.
In this regard, it is to be noted that the demand for a UCC has been into contention since the time of drafting of our constitution. Some members of our Constituent Assembly believed in the immediate enactment of a Personal Civil Code for all while others believed that it should be brought into force in phases. The compromise was effectuated in the form of Article 44.
Article 370: A Tale of Unity, Diversity, and Constitutional Reform
Uniform Civil Code and the Constitution
Article 44 of the Constitution, which is enshrined under Part- IV of the Constitution, provides that
The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India
Since this article is a Directive Principle of State Policy and cannot be enforced by the Courts of our country. Therefore, this article remained in a cold storage for decades.
Though, at the same time it can be said without any doubt that the Government of India took huge steps in framing a uniform set-up for all religions, by starting to codify the personal laws of respective religions. This initiative was first seen in the form of the enactment of the four Hindu Laws i.e. The Hindu Marriage Act 1955, The Hindu Adoption and Maintenance Act 1956, The Hindu Succession Act 1956, The Hindu Minority and Guardianship Act 1956. Similarly, Special Marriage Act 1954 was enacted.
This was done so as to bring uniformity among all classes and forms of Hindu Religion and then following the same exercises in other religions as well but due to several protests and
lack of co-ordination within several communities this initiative was left incomplete, with certain discriminatory practices existing in other religions.
The Supreme Court on the other hand, continuously reminded the Parliament of the relevance and need of a Uniform Civil Code. For instance, in Mohd. Ahmed Khan v. Shah Bano Begum Y.V. Chandrachud stated that Article 44 has been dead letter since independence and a common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.
Similarly in Sarla Mudgal v. Union of India Justice Kuldip Singh opined that Article 44 has to be retrieved from the cold storage where it is lying since 1949. The Hon’ble Justice referred to the codification of the Hindu personal law and held, Where more than 80 percent of the citizens have already been brought under the codified personal law there is no justification whatsoever to keep in abeyance, any more, the introduction of the ‘uniform civil code’ for all the citizens in the territory of India.
Uniform Civil Code of Uttarakhand
The journey towards the Uttarakhand UCC 2024 commenced with the constitution of an expert committee led by former Supreme Court Judge Justice Ranjana Prakash Desai. After meticulous deliberations and modifications, the bill was eventually passed by the Uttarakhand Assembly, signifying a concerted effort towards legal reform.
The Provisions– The Uttarakhand UCC 2024 encapsulates a plethora of provisions aimed at reforming personal laws and fostering equality. Key provisions include:
Marriage: The bill mandates the compulsory registration of marriages within a stipulated timeframe, irrespective of religious affiliation. Non-compliance may incur penalties, emphasizing the importance of documentation in legal recognition.
Live-in Relationships: Notably, the bill extends legal recognition to live-in relationships, necessitating their registration and outlining procedures for termination. By conferring legitimacy to such relationships and safeguarding the rights of partners and offspring, the bill acknowledges the evolving societal dynamics.
Inheritance: A significant departure from traditional personal laws, the bill ensures gender neutral inheritance rights, guaranteeing equal shares to sons and daughters, including children born out of wedlock or through assisted reproductive technologies. By dismantling archaic patriarchal norms, the bill heralds a progressive approach towards property rights.
Prohibition of Bigamy or Polygamy: Emphatically denouncing practices of bigamy or polygamy, the bill enshrines the principle of monogamy, mandating that no individual can have multiple spouses concurrently. This provision underscores the state’s commitment to gender equality and marital fidelity.
Legal Recognition of Children: A ground-breaking provision of the bill is the abolition of the concept of “illegitimate children,” extending legal recognition to offspring born out of voidable marriages or live-in relationships. By dismantling societal stigma and ensuring equal rights for all children, irrespective of their parentage, the bill promotes inclusivity and social justice.
Implications of the Code– The passage of the Uttarakhand Uniform Civil Code (UCC) 2024 carries profound implications for society, encompassing both positive advancements and potential challenges.
On one hand, the implementation of a uniform legal framework promises to promote gender equality, simplify the legal system, and foster national integration by transcending religious divides. By abolishing discriminatory practices and ensuring equal rights for all genders, the bill heralds a progressive shift towards societal equity and empowerment. However, these positive strides are juxtaposed with a myriad of concerns that warrant careful consideration and deliberation.
Concerns relating to the Uttarakhand Uniform Civil Code
Critics have voiced apprehensions regarding the potential infringement of privacy rights, particularly with the mandatory registration of live-in relationships, which raises questions about individual autonomy and the right to privacy.
Furthermore, the exclusion of LGBTQIA+ relationships from the UCC perpetuates discrimination and denies equal rights to marginalized communities, reflecting broader societal biases. Non-inclusivity towards tribal communities in the application of the UCC also raises concerns about equitable treatment under the law and cultural sensitivity, potentially marginalizing already vulnerable groups.
Surveillance issues stemming from provisions for monitoring live-in relationships pose a threat to individual liberties, fostering a climate of intrusive scrutiny and potential harassment. Moreover, certain provisions of the bill may disproportionately affect women from minority and marginalized communities, undermining their rights and autonomy.
Way Forward
Navigating these complex terrains necessitates a comprehensive and inclusive approach that addresses divergent concerns and fosters societal consensus.
Constructive dialogue and consultation with stakeholders, including religious communities, legal experts, and civil society organizations, are imperative to forge a path forward that upholds constitutional values and promotes societal harmony. Public education campaigns can help elucidate the benefits of the bill and garner support for its implementation, fostering a broader understanding of its implications.
Striving to strike a balance between promoting uniformity in personal laws and respecting the diverse cultural and religious identities of society is paramount, ensuring inclusivity and equitable treatment for all citizens. Robust mechanisms for monitoring the implementation of the UCC and evaluating its impact on society should be established, enabling iterative adjustments and improvements.
Furthermore, political will and leadership are essential to navigate the complexities and challenges associated with implementing the bill, prioritizing justice, equality, and social harmony in the pursuit of a more just and inclusive society.
Conclusion
The enactment of the Uniform Civil Code (UCC) in Uttarakhand represents a significant stride towards fulfilling the constitutional directive enshrined in Article 44. This landmark legislation not only marks a departure from the status quo but also reflects a progressive step towards achieving gender equality, simplifying the legal framework, and fostering national integration.
However, the journey towards implementing the UCC is fraught with challenges and concerns that demand careful consideration and inclusive dialogue. The potential implications of the UCC, both positive and negative, underscore the need for comprehensive deliberation and engagement with diverse stakeholders.
Moving forward, constructive dialogue, consultation, and public education campaigns are essential to address concerns, foster societal consensus, and ensure the equitable implementation of the UCC. Striking a balance between promoting uniformity in personal laws and respecting cultural and religious diversity is crucial for fostering inclusivity and upholding constitutional values. Moreover, robust mechanisms for monitoring and evaluating the implementation of the UCC, coupled with political will and leadership, are imperative for navigating the complexities and challenges associated with this transformative legal reform.
Ultimately, the enactment of the UCC in Uttarakhand represents a significant step towards realizing the constitutional vision of a more just, equitable, and inclusive society for all citizens.
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