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Debate Over UCC in Uttarakhand: Perspectives and Controversies

Representational image.

Uttarakhand Implements Uniform Civil Code (UCC) Amid Mixed Reactions

Minority Watch, Dehradun – The implementation of the Uniform Civil Code (UCC) in Uttarakhand has sparked intense debate, with political leaders, religious organizations, legal experts, and civil society offering differing perspectives.

While the ruling BJP has hailed it as a milestone for women’s empowerment and societal unity, opposition leaders, minority groups, and activists have raised concerns over religious freedom, privacy, and political motivations.

What is the Uniform Civil Code (UCC)?

The Uniform Civil Code (UCC) is a set of common laws intended to replace personal laws based on religious customs, governing matters such as marriage, divorce, inheritance, and adoption.

The UCC aims to ensure equality by applying the same set of civil laws to all citizens, regardless of religion, caste, or gender. While proponents argue that it promotes gender justice and national unity, critics claim it infringes on religious freedoms and targets specific communities.

Muslim Organizations Strongly Oppose UCC

Jamiat Ulema-e-Hind President Maulana Mahmood Asad Madani denounced the UCC, describing it as “a violation of the constitutional right to religious freedom” and “an assault on democracy.”

He criticized the government’s decision to impose the UCC despite widespread opposition, citing past consultations by the Law Commission of India, which indicated that many citizens did not support such a measure.

“The commission had advised that the UCC was neither desirable nor necessary. However, the government has imposed the law in a dictatorial manner, disregarding democratic principles,” Maulana Madani stated.

Similarly, Maulana Arshad Madani condemned the law as discriminatory, arguing that if Scheduled Tribes are exempted under Article 366, Clause 25, then Muslims should also be granted religious freedom under Articles 25 and 26 of the Constitution.

He announced that the Jamiat would challenge the UCC in court, asserting, “Our legal team has reviewed the matter, and we are determined to take this fight to the judiciary.”

Political Criticism and Electoral Motives

Senior Congress leader and state party in-charge, Kumari Selja, accused the BJP of using the UCC as a political tool.

“The UCC is being introduced because elections are taking place in the state and other parts of the country. BJP is pursuing this agenda to divide people and is taking such actions to serve that purpose,” she said.

Bhuwan Chandra Kapri, Congress MLA from Khatima, echoed similar concerns. “When the Supreme Court has validated live-in relationships, how can the State overwrite it by making it mandatory to register?” he questioned, warning that the registration requirement could expose women to social stigma and potential harassment.

Uniform Civil Code implemented in Uttarakhand on January 27, 2025. Chief Minister Pushkar Singh Dhami at an event to announce the implementation of the Uniform Civil Code, in Dehradun, on Monday.

Government’s Justification for UCC

Chief Minister Pushkar Singh Dhami defended the UCC, stating that it would ensure equality for all individuals without bias in matters such as marriage, maintenance, inheritance, and divorce.

The CM claimed that the UCC would primarily address discrimination against women, serving as a crucial step toward eliminating injustices against them.

“It is time to stop the atrocities against the ‘Matrishakti’… The discrimination against our sisters and daughters has to stop,” Dhami said.

State BJP President Mahendra Bhatt supported the law, calling it a step toward women’s empowerment and societal unity.

Swami Anand Swaroop, president of Shankaracharya Parishad, praised the move, arguing that a uniform civil code was necessary in a country where the Constitution upholds equality above caste, creed, religion, and region.

Privacy Concerns and Civil Liberties

Activists have raised alarms over provisions in the UCC that mandate the registration of live-in relationships, arguing that such regulations infringe on personal privacy.

Anoop Nautiyal, founder of the Dehradun-based SDC Foundation, warned, “Invading young adults’ privacy and exposing their choices risks exploitation. The government must ensure that the law does not become a tool for surveillance and harassment.”

Women’s rights groups have also expressed concerns, stating that while the UCC claims to protect women, the registration requirement for live-in relationships could make women vulnerable to moral policing, societal judgment, and state scrutiny.

A joint statement released by women’s organizations called for the Bill to be reviewed by a Standing or Select Committee to ensure that it does not curtail personal freedoms.

Legal and Constitutional Implications

Senior advocate Kartikeya Hari Gupta emphasized that while the state has the jurisdiction to implement the UCC, the real challenge lies in ensuring that it does not violate Part III of the Indian Constitution, which guarantees fundamental rights. He predicted that the matter would ultimately be tested in constitutional courts.

Prominent lawyer Prashant Bhushan stated that while a properly drafted UCC could be beneficial, the current version contradicts the Supreme Court’s 2017 Right to Privacy judgment.

“The current UCC is an instrument of harassment given to the State police to target citizens, particularly Muslims. A UCC that is liberal and consistent with public policy is desirable, but it needs redrafting,” he argued.

The Opposition’s Stance on the UCC

Opposition leaders have questioned the selective implementation of the UCC, pointing out that it exempts Scheduled Tribes while imposing restrictions on other minority communities.

Asaduddin Owaisi, president of All India Majlis-E-Ittehadul Muslimeen, criticized the UCC as a “Hindu Code,” arguing that it disproportionately impacts Muslims while leaving out Hindu Undivided Family (HUF) tax benefits and customary tribal practices.

Mohammad Shahzad, BSP MLA from Laksar, argued that the bill was passed without proper deliberation.

“The whole process of bringing this Bill was flawed. The government sought suggestions only after preparing the draft. A wider consultation should have been conducted,” he said.

Implications for India’s Legal Landscape

Uttarakhand’s UCC sets a precedent that could influence policy discussions in other BJP-ruled states like Assam and Gujarat, which are considering similar legislation.

The bill, drafted by a committee led by retired Supreme Court judge Justice Ranjana Prakash Desai, was a key promise in the BJP’s 2022 Uttarakhand Assembly election campaign.

However, critics argue that the law’s true intent is political rather than reformative.

Rajeev Lochan Shah, editor-in-chief of Nainital Samachar, remarked that the BJP is using Uttarakhand as a test case for a nationwide UCC.

“The state is being used as a Hindutva laboratory to gauge public reaction before rolling out similar laws at the national level,” he claimed.

Meanwhile, the 22nd Law Commission of India is currently re-examining the issue. The 21st Law Commission had previously recommended reforms in personal laws rather than a uniform civil code, asserting that “formulation of a UCC is neither necessary nor desirable at this stage.”

The Road Ahead

As legal battles loom, the controversy surrounding the UCC is expected to intensify.

With concerns ranging from religious freedom to privacy and political motivations, the Uttarakhand UCC debate is far from over.

Courts, policymakers, and civil society will continue to scrutinize its impact, shaping the broader discourse on uniform civil laws in India.

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