UCC: A New Chapter in Personal Law for Uttarakhand

Context : On January 27, 2025, the Uttarakhand government officially introduced the Uniform Civil Code (UCC), making it the first state in India to adopt this law after Independence. This law aims to create one common set of personal laws for everyone, no matter which religion or community they belong to.

The UCC was passed by the State Assembly in February 2024 and excludes Scheduled Tribes and Uttarakhand natives living outside the state to respect their unique traditions.

What is the Uniform Civil Code (UCC)?

The Uniform Civil Code is a single law that covers personal matters like:

• Marriage
• Divorce
• Inheritance (passing on property)
• Adoption
• Property rights

Why is UCC Important?

• It ensures equality for everyone, removing unfair practices based on religion or gender.
• Article 44 of the Indian Constitution supports the idea of a UCC to unite the nation by creating one law for all.

Key Points About Uttarakhand’s UCC

1. Vision of UCC

• Equality for All: The UCC ensures equal rights for men and women, removing unfair practices.
• Empowerment of Women: It focuses on giving women fair rights, especially in property and inheritance.
• Respect for Tribes: Scheduled Tribes are exempted to preserve their cultural practices.

2. Marriage Laws

• Legal Age for Marriage:
  • Men: 21 years
  • Women: 18 years
• Mandatory Registration: All marriages must be registered online.
• Banned Practices: Polygamy (having more than one spouse), child marriage, and triple talaq are prohibited.

3. Property and Inheritance

• Equal Property Rights: Sons and daughters will inherit property equally.
• Rights for Children in Live-In Relationships: Such children are considered legitimate and have equal inheritance rights.

4. Rules for Live-In Relationships

• Registration Required: Couples aged 21 and above must register their live-in relationships.
• Parental Consent: Needed for couples below 21 years.
• Housing Rights: Landlords cannot deny housing to live-in couples who are registered.
• Pregnancy Rules: Pregnancies must be reported within 30 days of childbirth.

5. Technology for UCC

The UCC portal (ucc.uk.gov.in) makes processes simple and accessible:

• Aadhaar-Based Verification: Ensures user authenticity.
• Multiple Languages: Services available in 22 Indian languages.
• Linked Database: The portal connects with 13 government departments like police and courts.
• Quick Services: Emergency applications processed within 3 days under the Tatkal facility.

6. Deadlines for Registration

• Old Marriages (since 2010): Must be registered within 6 months.
• New Marriages: Register within 60 days.
• Live-In Relationships: Register within 1 month of UCC implementation.

7. Will Registration

• Ways to Register a Will:
  1. Online submission of forms.
  2. Uploading handwritten or typed wills.
  3. Submitting a 3-minute video will.
• Processing Time: 15 days for regular cases, 3 days for emergencies.

8. Penalties for Violations

• First Time: Warning issued.
• Repeated Violations: Fines will be imposed.

Why is UCC Important?

1. Ensures Equality

The UCC removes unfair practices in matters like marriage and inheritance and treats all citizens equally, no matter their religion or gender.

2. Empowers Women

It gives women equal rights in property and inheritance, correcting unfair traditions.

3. Brings Unity

By creating one law for everyone, the UCC strengthens the idea of “One Nation, One Law.”

4. Makes Laws Simpler

The UCC replaces different personal laws with one uniform law, making it easier for everyone to understand.

What Does the Supreme Court Say About UCC?

The Supreme Court of India has supported UCC many times:

• Shah Bano Case (1985): The court asked the government to bring UCC for equality and justice.
• Sarla Mudgal Case (1995): The court criticized delays in UCC implementation.
• Shayara Bano Case (2017): Declared triple talaq unconstitutional and asked for UCC to solve unfair practices.

Challenges in Implementing UCC

1. Cultural Resistance: Some communities feel that UCC interferes with their religious traditions.
2. Political Issues: Different political views make it difficult to pass such laws.
3. Complexity: Bringing together so many personal laws into one single law is a big challenge.
4. Public Awareness: People need to understand the benefits of UCC, which requires awareness campaigns.

How Can It Be Done?

• Step-by-Step Implementation: Start with a few aspects like marriage laws and expand gradually.
• Consultations: Talk to community leaders, legal experts, and the public to address concerns.
• Educate People: Conduct awareness campaigns to explain how UCC benefits everyone.

Conclusion

The Uniform Civil Code is a bold and progressive step by Uttarakhand to ensure equality and justice for all citizens. By removing outdated practices, giving equal rights to women, and uniting all communities under one law, the UCC sets a powerful example for other states. While challenges remain, the implementation of UCC reflects India’s commitment to building a fair and unified society.