Uttarakhand became the first state to implement the Uniform Civil Code, which envisages common rules for marriage, inheritance, maintenance, and other civil matters of all religions. The UCC applies to all residents of Uttarakhand, except Scheduled Tribes and protected authority-empowered persons and communities. With its implementation Uttarakhand hopes to ensure that every citizen is subject to the same legal framework, promoting equality before the law.
The issue has been at the centre of political narrative and debate for over a century and a priority agenda for the Bharatiya Janata Party which has been pushing for the legislation in Parliament. The saffron party was the first to promise the implementation of UCC if it comes to power and the issue was part of its 2019 Lok Sabha election manifesto.
The Uttarakhand government has said that the UCC is not against any religion or sect but it is seen as selectively outlawed and criminalised personal laws and customary practices of religious minorities, especially Muslims. The BJP is seen as the helm of trying to push through an agenda to impose what observers say is effectively a “Hindu code” disguised as a UCC on other religious groups, who are currently allowed their own rules on marriage, divorce, adoption and inheritance.
Practices in the Muslim community that are considered against the rights of women, like Halala and ‘Iddat’ will no longer be allowed in Uttarakhand. The minimum age prescribed for marriage under Sharia law will change with the UCC and practices such as polygamy will be abolished. Under UCC a second marriage will not be permitted if the first spouse is alive.
Many religious communities view personal laws as intrinsic to their cultural and religious identity. Therefore it is pertinent to have a unified legal framework that promotes equality across religious boundaries, fostering gender justice in a pluralistic society like India.
The UCC in Uttarakhand will give equal rights to women and girls and is expected to foster a feeling of equality among the people. The biggest change that the law will bring in the lives of women is now they will also have the right to divorce like men. A uniform law of divorce will be applicable to a person of any caste, religion or sect. Now, sons and daughters will get equal rights in property and there will be no difference between legitimate and illegitimate children.
While Uttarakhand has set an example it remains to be seen how other states take similar steps to ensure equal rights for their citizens. Already tribal groups in the North East are worried that a UCC would encroach upon their longstanding customs and practices, which are safeguarded by the Constitution. The three autonomous district councils in Meghalaya have passed a resolution against the UCC as it will dilute the long-standing customs and practices of the indigenous tribes of the state, with reference to Article 244 (2) and Article 275 (1) of the Indian Constitution.
