Goa has been India's only state where a Uniform Civil Code (UCC) applied for decades, implying that the same set of civil and criminal laws applies to all citizens of Goa, regardless of religion, sex or birth order. It does not recognise communal laws to govern even matters such as marriage, divorce and inheritance, unlike other states where Shari'ah governs Muslim civil affairs. Now, Chief Minister of Uttarakhand Pushkar Singh Dhami officially launched the UCC portal on 27 January and issued a notification marking the adoption of the UCC in his state, following the completion of government employee training, mock drills and dry-run sessions.
"The UCC's implementation represents a significant milestone, making the Himalayan state the first in the country to adopt this progressive legislation since independence," Dhami said.
The chief minister stated that the Uniform Civil Code (UCC) was formulated following comprehensive discussions with experts, residents and representatives from diverse communities, aiming to establish uniformity within society and enhance women's empowerment.
What is UCC?
The UCC is a legislative framework that seeks to standardize personal laws across different religions. Its significance lies in addressing various societal matters, such as marriage, divorce, inheritance and live-in relationships. Notable features of the law include the mandatory registration of marriages, divorces, and live-in arrangements to ensure equitable property rights and safeguard the rights of children, accompanied by penalties for non-compliance.
The UCC delineates the legal prerequisites for marriage, specifying that only individuals who are mentally competent and aged 21 (for men) or 18 (for women), and who are not already married, may enter into a marital union. While marriages may be conducted according to religious traditions, registration will be compulsory to guarantee legal acknowledgement.
Additionally, the law addresses matters concerning the establishment and revocation of wills and codicils under testamentary succession. Marriages solemnised before 26 March 2010, or those conducted outside the state will qualify for registration if they meet the stipulated legal criteria.
Criticism of UCC
Criticism of the UCC has emerged primarily from parties other than the BJP, who argue that its implementation could foster societal divisions along religious lines and may be impractical and overly ambitious. This perspective contrasts with the practices of many advanced democracies, which do not need to specify separately that their laws will apply uniformly across religious communities.
What Constitution says
The discourse surrounding the UCC transcends the boundaries of Uttarakhand, as Article 44 of the Indian Constitution advocates a uniform civil code nationwide through the Directive Principles of State Policy. Prime Minister Narendra Modi has highlighted the Supreme Court's directive regarding the necessity for a common code, emphasizing that realizing the vision of the Constitution's framers remains a national objective.
Uttarakhand's adoption of the UCC is poised to establish a significant benchmark, potentially encouraging other states to follow its lead. The effectiveness of this law's implementation will hinge on its capacity to reconcile individual rights with the need for social cohesion.
As Uttarakhand takes a leading role in this legal transformation, the upcoming weeks will provide greater insight into the reception of the UCC, both within the state and throughout India. The state's experience with the UCC is certain to influence the trajectory of personal law reform nationwide.
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How Uttarakhand will implement UCC
Shailesh Bagauli, the secretary of home affairs, indicated that the government plans to issue two notifications: one to initiate the UCC and another detailing the accompanying rules and regulations, thereby formally launching the UCC in the state.
During the 2022 state elections, Chief Minister Dhami pledged to implement the UCC if re-elected. Following his election, he established a five-member committee chaired by Justice Ranjana Prakash Desai to formulate the code, which garnered input from over 2,30,000 people, representing nearly 10% of Uttarakhand's households.
The comprehensive 740-page draft was submitted to the chief minister on 2 February 2024 received cabinet approval on 4 February, was presented in the assembly on 6 February and was passed the next day. The bill was subsequently approved by Governor Lt Gen Gurmit Singh (retd) on 28 February and President Droupadi Murmu signed it into law on 11 March.
History: How it happened in Goa
What does the UCC in Goa cover?
Marriage: Couples jointly own all property acquired during marriage, and each spouse is entitled to half in the event of divorce.
Inheritance: Children cannot be disinherited entirely, and must inherit at least half of their parents' property. This property must be shared equally among children.
Divorce: There are several provisions for divorce, including antenuptial agreements.
Polygamy: Muslim men who register their marriages in Goa cannot practice polygamy.
Registration: All births, marriages, and deaths must be registered.
How did Goa's UCC come about?
Goa's UCC is based on the Portuguese Civil Code of 1867.
The Goa, Daman and Diu Administration Act of 1962 gave Goa the right to apply the Portuguese Civil Code.
What is the purpose of the UCC?
The UCC's purpose is to separate religion from the state and promote secularism. Its goal is to ensure equal rights for all citizens, regardless of religion.