Abstract
The enforcement of the Uniform Civil Code (UCC) of Uttarakhand Act, 2024, marks a watershed moment in India’s jurisprudence because it representing the first post-independence state-level attempt to implement and apply the directive principle enshrined in Article 44 of the Constitution of India.
This article critically examines the UCC of Uttarakhand, focusing on its progressive elements, particularly in promoting the gender equity and simplifying personal laws, while addressing the significant legal and constitutional controversies it has generated.
The analysis delves into key provisions, including the abolition of polygamy and discriminatory divorce practices, the institution of equal inheritance rights, and the unprecedented mandatory registration of live-in relationships.
The article argues that while the Code aims for justice and uniformity, its selective application and potential infringement on the right to privacy and religious freedom necessitate rigorous judicial scrutiny to ensure compliance with the spirit of a pluralistic, secular republic.
Introduction
The UCC (Uniform Civil Code) has been both legally and politically contentious issue since the independence. Under Article 44 of Directive Principle of State Policy (Part IV), the UCC envisions the common set of personal laws for all the citizens irrespective of religion, community or caste.
And for the decades, demand for UCC clashed with the protection of personal laws under the Article 25-28, which guarantees the freedom of religion. Uttarakhand became first Indian State to pass a Uniform Civil Bill in February 2024, it cover matters like divorce, inheritance, marriage, succession and live-in relationships.
This new law applies to all the residents of Uttarakhand, even if they live outside the state, it excludes Scheduled Tribes and to those whose customary rights are protected under Part XXI of the Constitution. This marked a historic departure from the fragmented religious personal laws and also set the precedent for other states.
In Indian Constitution, under the Article 44 [Part IV- (Directive Principle of State Policy)], which says that State should try to bring Uniform Civil Code (UCC) for all the citizens across the country. The UCC has always been a controversial issue in our Country because of diverse religions, languages, cultures and regions.
Under Article 25 of the Constitution gives Fundamental right to freely practice and propagate their religion and Article 26 allows the communities to manage their own religious affairs. After despite all this, the Supreme Court has repeatedly stressed the need for a UCC.
There is also a Goa Civil Code which something similar to it. This law came in 1867 from the Portuguese Civil Code, which continued even after Goa joined India in 1961 through Goa, Daman and Diu Act. But the Goa’s Code is not completely uniform — Catholic and Christians are still enjoy some special rights.
Legal Jargon Uniformity in Family Law
The code’s central tenet is to replace the disparate religious laws with a single set of rules governing such as divorce, marriage, cohabitation and succession across all the communities.
Directive Principle vs. Fundamental Right
Directive Principle of State Policy guide but are not enforceable in court as the way Fundamental Rights are enforceable (Article 12-35). Problem arises when a state law like Uttarakhand’s UCC is alleged to conflict with the Fundamental freedoms (such as Article 25- Freedom of religion).
Compulsory Registration
This act mandates registration of marriages; and failure to register can affect legal recognition.
Equal Inheritance and Succession Rights
In the provision of gender neutral inheritance rights. It provides equal property rights to both daughters and sons and also ensures the parity between the adopted, legitimate, illegitimate and those children who born through Assisted Reproductive Technology (ART) and surrogacy.
In further more cases the distribution of property scheme is uniform, largely overriding the distinct shares previously defined by laws like Muslim Personal Law.
Mandatory Registration of Live-in Relationships
This mandates the compulsory registration of a live-in relationship with a registrar, failing which the partners subjected to the imprisonment or fine.
The code also require some summary inquiry upon the registration, it gives power to registrar to notify their parents if either partner is below the age of 21 years, infringing upon the individual autonomy and privacy.
Prohibition of Discriminatory and Polygamy Practices
It prohibits polygamy for all the communities and also outlaws practices which are associated with some specific personal laws such as, iddat (compulsory waiting period for women after the dissolution of Muslim marriage) and nikah halala which is the process allowing a divorced Muslim women to remarry her former husband only after the marrying, and then divorcing another man. And now these are punishable under it.
Key Cases
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
The Shah Bano Begum case was a pivotal moment where the Court ruled that the secular provisions of Section 125 of the Criminal Procedure Code—which grants maintenance to destitute wives—must apply to all the women, including Muslim women, even beyond the iddat period prescribed by Muslim personal law.
This judgment directly challenged the notion that religious law could override statutory law aimed at preventing vagrancy, and it strongly underlined the constitutional goal set out in the Article 44.
2. Sarla Mudgal v. Union of India (1995)
The Supreme Court, in Sarla Mudgal v. Union of India (1995), addressed the exploitation of religious conversion to circumvent anti-bigamy laws.
The Court held that a marriage solemnised under Hindu Marriage Act remains valid unless legally dissolved, and a Hindu husband’s conversion to Islam solely for the purpose of taking a second wife constitutes bigamy and renders the second marriage void under Section 494 of the Indian Penal Code.
This verdict served as another powerful judicial directive to the government, criticising the delay in enacting a UCC to prevent such legal abuse and protect the rights of the first wife.
3. Shayara Bano v. Union of India (2017)
More recently, the principle of non-arbitrariness in personal law was powerfully affirmed in the Shayara Bano v. Union of India (2017).
The Supreme Court, exercising its powers of judicial review, declared the practice of instantaneous triple talaq unconstitutional.
The Court found this practice to be “manifestly arbitrary” as it allowed a marriage to be dissolved unilaterally and instantaneously at the whim of the husband, thereby violating the fundamental rights of Muslim women to equality (Article 14) and life with dignity (Article 21).
This ruling confirmed the supremacy of constitutional principles over discriminatory personal law practices.
Conclusion
The UCC of Uttarakhand, 2024, is a momentous legislative act which propels the debate on personal laws from a theoretical constitutional directive to an enforceable reality.
It is successfully addresses that significant gender-based discrimination by unifying laws on polygamy, divorce, and inheritance, thereby aligning the state’s jurisprudence with the modern principles of gender justice and equality.
The provisions on mandatory registration of live-in relationships appear excessively intrusive, potentially violating the core fundamental rights to privacy and autonomy.
And moreover, the selective nature of the Code, particularly the exemption of Scheduled Tribes and the non-addressal of the HUF, detracts from its claim of absolute uniformity.
Frequently Asked Questions (FAQ)
Q1: What is the main objective of the Uttarakhand UCC, 2024?
The main objective is to establish a single, unified set of secular laws governing personal matters like marriage, divorce, adoption, and inheritance for all citizens of Uttarakhand, irrespective of their religion, caste, or sex, to ensure gender equality and simplify the legal system.
Q2: Which communities are exempted from the Uttarakhand UCC?
The Scheduled Tribes (STs) of Uttarakhand have been explicitly exempted from the operation of the UCC, maintaining their existing customary laws.
Q3: Does the Code affect the Hindu Undivided Family (HUF)?
The Uttarakhand UCC is silent on the status of the Hindu Undivided Family (HUF). Critics argue that by not addressing the HUF and its distinct legal and tax benefits, the Code fails to achieve true uniformity, as this is a legal entity and benefit available only to Hindus.
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