The Uniform Civil Code (UCC) Bill has been successfully passed in the Uttarakhand assembly during a special session. Uttarakhand Chief Minister Pushkar Singh Dhami, in the debate on the UCC, expressed pride in creating history with its passage, aiming for a unified legal framework for all communities in the state. The UCC proposes similar laws for all communities and was presented during the special session.
CM Dhami congratulated the people of Uttarakhand, emphasizing the historic significance of the legislative moment. The Chief Minister thanked assembly members from all parties for contributing to the discussion on the UCC, highlighting the government’s commitment to realizing the vision of ‘One India, a Better India.’ Immediately after the formation of the government, in the first cabinet meeting itself, an expert committee was constituted to create a uniform civil code. On May 27, 2022, a five-member committee was constituted under the leadership of retired Supreme Court judge Ranjana Prakash Desai.
He detailed the extensive process leading to the UCC, including the formation of an expert committee and a Jan Samvad Yatra that received over 2.32 lakh suggestions. CM Dhami emphasized that the UCC is not an ordinary bill but an ‘outstanding’ one, stating that it would nurture the lives of all citizens, ensuring equal rights.
Taking a historical perspective, CM Dhami questioned the delay in implementing the UCC by previous governments, highlighting the Shah Bano case of 1985 and the struggles of Shayara Bano. He pondered why attempts to bring about the UCC were not made earlier and why differences between citizens were allowed to persist.
Addressing potential concerns, CM Dhami assured that the UCC Bill could be amended in the future to include specific clauses. The proposed UCC covers various aspects, including marriage, divorce, succession, live-in relationships, and equal rights for women in ancestral property.
The UCC Bill mandates the registration of live-in relationships and imposes a ban on child marriage, introducing a uniform divorce process. It sets the age for marriage at 18 for women and 21 for men across all communities, with mandatory marriage registration. Once the proposed UCC Bill is in place, “live-in relationships” will have to get registered under the law within 1 month from the “date of entering into the relationship.” To live in a live-in relationship, adults will have to obtain consent from their parents.
The bill also imposes a complete ban on child marriage and introduces a uniform process for divorce. The Code provides equal rights to women of all religions in their ancestral property.
Marriage registration is mandatory in all religions and marriages without registration will be invalid.
No divorce petition will be allowed to be filed after one year of marriage. Highlighting the ceremonies for marriage, the proposed UCC Bill noted that marriage may be solemnised or contracted between a man and a woman in accordance with religious beliefs, practices, customary rites and ceremonies including but not limited to “Saptapadt”, “Ashirvad”, “Nikah”, “Holy Union”, “Anand Karaj” under the Anand Marriage Act 1909 as well as under, but not limited to, The Special Marriage Act, 1954 and Arya Marriage Validation Act, 1937. Additionally, it recognizes various ceremonies for marriage, respecting religious beliefs and practices.
The proposed UCC Bill exempts members of Scheduled Tribes and those with protected customary rights under the Constitution.