Minority Watch, January 27, 2025 — Dehradun, India — In a historic move that has captured national attention, Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), a bold legal reform that aims to standardize personal laws for citizens of all religious communities. This decision, spearheaded by Chief Minister Pushkar Singh Dhami, is poised to spark debates on the intersection of religion, rights, and governance in the country.
The UCC was officially launched by Dhami at a special event in Dehradun, where he unveiled a new portal for the law, along with its accompanying rules. The legislation, which has been in development since 2022, aims to harmonize laws surrounding marriage, divorce, inheritance, adoption, and maintenance across all religious groups in Uttarakhand, making them subject to the same set of rules. Dhami described the law as a step towards equality, emphasizing its role in ensuring the civil and constitutional rights of every citizen.
“Today, we pay tribute to the vision of Babasaheb Bhimrao Ambedkar and the members of the constituent assembly by invoking Section 371F of the Constitution,” said Dhami during his speech. “The Uniform Civil Code is now a reality in Uttarakhand. All citizens, regardless of their religion, have equal rights under this law, and women, in particular, will benefit from this equal protection.”
What is the Uniform Civil Code?
The UCC aims to create a unified set of civil laws that govern marriage, divorce, inheritance, adoption, and maintenance across all religious communities. India, unlike many countries, has a system where different communities—such as Hindus, Muslims, Christians, and others—follow their respective personal laws influenced by religious texts and traditions. The UCC seeks to eliminate these distinctions by introducing a single legal framework applicable to everyone.
The UCC in Uttarakhand excludes tribal communities from its provisions, acknowledging the unique cultural and legal rights they hold under the Constitution. The law also bans certain controversial practices, such as polygamy, halala (a practice in Muslim law), and triple talaq, which have been deemed discriminatory and harmful by critics.
The legislation was introduced following extensive consultations, including a report from a specially constituted expert committee. This committee, chaired by retired Justice Ranjana Prakash Desai, submitted its recommendations in early 2024, leading to the approval of the UCC in the state assembly. The bill passed through a special session and was granted the presidential assent in March 2024, officially becoming the Uttarakhand Uniform Civil Code Act, 2024.
Key Provisions of the UCC
The UCC introduces several sweeping changes in the way personal matters are governed in the state:
- Marriage Regulations: The law mandates that all marriages, regardless of the religion of the individuals involved, must be registered within 30 days. The minimum age for marriage is set at 21 for men and 18 for women. Additionally, polygamy has been outright banned.
- Property Rights: For the first time, daughters will have equal inheritance rights in all communities within Uttarakhand, bringing them on par with sons in terms of property ownership.
- Live-in Relationships: The law requires couples in live-in relationships to register their union, and failure to do so can result in penalties, including jail time. Children born from such relationships will also have equal property rights as those born to legally married couples.
- Divorce and Maintenance: Divorce proceedings will now be handled exclusively in civil courts, with no room for religious personal laws to dictate terms. Maintenance rights and responsibilities will be determined by secular legal standards.
- Exemptions: The law does not apply to Scheduled Tribes, preserving their distinct customs and laws as enshrined in the Constitution.
Political and Social Reactions
The implementation of the UCC has generated mixed reactions. Chief Minister Dhami, a member of the ruling Bharatiya Janata Party (BJP), hailed the law as a “constitutional measure to end discrimination.” He reiterated that the UCC is not aimed at targeting any particular religion but is instead a step towards social harmony and women’s empowerment.
“This law will ensure equality for all citizens, particularly women,” Dhami said, adding that the move would help eliminate harmful practices such as child marriage, polygamy, and triple talaq.
However, the UCC has faced significant opposition, particularly from Muslim leaders and rights activists. Critics argue that the law disproportionately affects Muslim communities, stripping them of their personal laws, which they view as integral to their cultural and religious identity.
Asma Zehra, president of the All India Muslim Women Association, condemned the UCC as “an attack on our identity.” She warned that the law would lead to conflicts between state laws and the personal laws of Muslims, particularly in areas like marriage and inheritance.
Namrata Mukherjee, a senior fellow at the Vidhi Centre for Legal Policy, expressed concerns that the UCC selectively targets Muslim practices while failing to challenge patriarchal elements in Hindu law.
“The UCC is not a truly uniform code,” she said. “It criminalizes practices in Muslim personal law while leaving many of the discriminatory provisions in Hindu law untouched.”
There are also worries about the impact on the right to privacy. Legal experts like Geeta Luthra have voiced concerns that the mandatory registration of live-in relationships infringes on personal autonomy, suggesting that the state should not interfere in consensual relationships.
The National Implications
Uttarakhand’s adoption of the UCC marks a significant milestone in India’s legal landscape, positioning it as a potential model for other states considering similar reforms.
While Goa remains the only other state with a UCC in place—introduced during Portuguese colonial rule—Uttarakhand’s move could inspire other BJP-led states to follow suit.
For the BJP, the successful implementation of the UCC in Uttarakhand fulfills a major campaign promise made during the 2022 state assembly elections. The party has long advocated for a uniform civil code as part of its broader vision to create a “One Nation, One Law” framework.
The introduction of the UCC, along with other legislative actions like the abrogation of Article 370 in Jammu and Kashmir and the criminalization of triple talaq, reflects the party’s push for uniformity in the legal system across religious lines.
Conclusion
As Uttarakhand becomes the first state in India to implement the Uniform Civil Code, it has set a precedent that will likely be closely watched by lawmakers, religious leaders, and activists across the country.
While the law is hailed by some as a step toward equality and social justice, it remains deeply controversial, especially among those who view it as an infringement on religious autonomy. The coming months will determine how the UCC will affect the lives of Uttarakhand’s citizens and whether other states will follow its example.