Uttarakhand, a northern state in India, has recently made history by becoming the first state to pass the Uniform Civil Code (UCC). This landmark legislation aims to provide a common set of laws for marriage, divorce, land, property, and inheritance for all citizens, irrespective of their religious affiliation.
The Genesis of the Uniform Civil Code
The idea of a Uniform Civil Code has its roots in the colonial period. While criminal laws were codified, personal laws governing various communities remained distinct, creating a complex legal landscape. The British first mooted the idea of a UCC in the 19th century. However, it was not until the 1950s that the Indian government seriously considered the proposal.
The Journey Towards the Uniform Civil Code in Uttarakhand
In 2022, the Uttarakhand government formed a panel led by retired Supreme Court judge Ranjana Prakash Desai to prepare a draft for the UCC. The panel collected lakhs of feedback, written and online, held several public forums and 43 public outreach programs, and engaged with over 60,000 people. The UCC Bill is an outcome of public dialogue, deliberation, and suggestions.
Which INDIAN state has UCC ?
Goa was the only state in India where all communities, including Hindus, Muslims, Christians, are governed by the same law when it comes to marriage, divorce, succession, etc. This is due to the continuation of the Portuguese Civil Code of 1867 for all communities in the state.
Key Features of the Uniform Civil Code
The UCC Bill includes recommendations such as a complete ban on polygamy and child marriage. Some of the key features of the Bill include equal property rights for sons and daughters, elimination of the distinction between legitimate and illegitimate children, equal property rights after death, and inclusion of adopted and biological children.
The Impact of the Uniform Civil Code
The passage of this bill will mark the fulfillment of a major promise made by the BJP in its 2022 assembly election manifesto. The UCC is a proposed legislation that seeks to promote unity and coherence among citizens by establishing a single set of laws that treat all citizens equally, irrespective of their religious beliefs.
What are the criticisms of UCC?
Here are some of the key criticisms:
- Practical Difficulties Due to Diversity: India is a country with immense diversity in terms of religion, culture, and traditions. Implementing a common set of laws for all citizens is seen
as a challenging task. - Perception of UCC as Encroachment on Religious Freedom: Some critics view the UCC as an infringement on the freedom of religion. They argue that it may lead to the erosion of cultural identity and autonomy of minority communities.
- Interference of State in Personal Matters: Critics argue that personal laws are a domain of religious and personal beliefs, and state intervention in these matters is seen as overreach.
- Sensitive and Tough Task: The implementation of UCC is considered a sensitive issue due to the involvement of religious sentiments. It requires careful handling and consensus-building among different religious communities.
- Time is Not Yet Suitable for This Reform: Some critics argue that the current socio-political environment in India is not conducive for such a major reform.
Conclusion
The implementation of the Uniform Civil Code in Uttarakhand is a significant step towards creating a more inclusive and fair society. It reflects the constitutional vision outlined in Article 44, which emphasizes the need for the state’s effort to establish a uniform civil code throughout the territory of India.