Uttarakhand Implements Uniform Civil Code: A Historic Milestone

Uttarakhand Implements Uniform Civil Code: A Historic Milestone

Uttarakhand has made history by becoming the first state in India to implement the Uniform Civil Code (UCC) on January 27, 2025. Chief Minister Pushkar Singh Dhami announced this significant achievement, which aims to bring uniformity in personal civil laws across the state, eliminating discrimination based on caste, religion, gender, and other factors.

What is the Uniform Civil Code (UCC)?

The UCC is a set of laws intended to govern personal civil matters such as marriage, divorce, succession, and inheritance uniformly across all communities, regardless of religion. The UCC seeks to ensure equality and justice by replacing diverse personal laws with a standardized legal framework.

Uttarakhand Leads the Way

Historic First for Independent India

Uttarakhand is the first state in India to implement the UCC, fulfilling a long-standing commitment by the Bharatiya Janata Party (BJP). The Chief Minister stated that the necessary preparations, including the approval of rules and training of officials, have been completed.

In his statement, CM Dhami emphasized the UCC’s role in fostering a harmonious and self-reliant nation, aligning with the vision of Prime Minister Narendra Modi.

Legal Framework: Uttarakhand Uniform Civil Code Act, 2024

The Uttarakhand Uniform Civil Code Act, 2024, establishes a comprehensive legal framework for regulating personal civil matters. Key features include:

  1. Marriage Provisions:

    • Marriage can only occur between parties meeting certain criteria:
      • Neither party has a living spouse.
      • Both parties are mentally capable of giving legal consent.
      • Minimum age: 21 years for men and 18 years for women.
      • The couple must not fall under prohibited relationships.
    • Marriages can be solemnized under religious customs or legal provisions but must be registered within 60 days.

  2. Registration of Existing Marriages:

    • Marriages solemnized before March 26, 2010, or outside Uttarakhand, can be registered within six months if legal criteria are met.
    • Sub-registrars are mandated to decide on marriage registration applications within 15 days.

  3. Succession and Inheritance:

    • The Act provides a standardized framework for creating and canceling wills and codicils under testamentary succession.

  4. Geographical Applicability:

    • The Act applies to the entire state of Uttarakhand and extends to its residents living outside the state.

  5. Exemptions:

    • The UCC does not apply to Scheduled Tribes and individuals or communities protected under specific laws.

A Constitutional Milestone: Article 44

The implementation of the UCC aligns with Article 44 of the Indian Constitution, which falls under the Directive Principles of State Policy (DPSP). This article urges the state to work towards a uniform civil code across India to ensure socioeconomic justice and establish a Welfare State.

The Journey to UCC in Uttarakhand

During the 2022 assembly elections, the BJP, under PM Modi’s leadership, had promised to implement the UCC in Uttarakhand. CM Dhami reiterated that the state government has fulfilled this promise by taking concrete steps to ensure its implementation.

He added, “The UCC will bring uniformity in laws, ensure equal rights, and contribute to a harmonious society.”

Administrative Processes and Citizen Guidelines

  • Marriage Registration:

    • It is mandatory to register all marriages occurring after the UCC’s implementation.
    • Applications must be promptly addressed, with decisions issued within 15 days.

  • Codicils and Wills:

    • Testamentary succession, including the creation or cancellation of wills, will now follow a uniform process across the state.

Implications for Society

The UCC is expected to:

  • Ensure gender equality by addressing discriminatory practices.
  • Simplify complex personal laws into a unified framework.
  • Enhance accountability and transparency in civil matters.
  • Foster a sense of unity and equality among residents.

National Significance

The implementation of the UCC in Uttarakhand is a groundbreaking step that could pave the way for other states and the central government to adopt similar measures. It showcases India’s commitment to creating a modern legal system that respects the constitutional values of equality and justice.

Final Thoughts

Uttarakhand’s implementation of the UCC marks a monumental moment in India’s legal and social history. As the first state to take this step, it has set a precedent for the rest of the country, reflecting the evolving priorities of a progressive India.

Key Takeaways

📜 UCC Enforced: January 27, 2025.
📍 First State: Uttarakhand.
⚖️ Focus: Equality, justice, and streamlined personal laws.
👥 Impact: Residents across all communities, excluding Scheduled Tribes and protected communities.

Location: Pune, Maharashtra, India

Comments

Post a Comment