Uttarakhand is poised to create history by becoming the first Indian state to embrace the Uniform Civil Code (UCC). The state government is gearing up for a special session post-Diwali to pass the UCC Bill, signaling a significant shift from the current patchwork of personal laws influenced by religious affiliations.

Promoting Gender Equality

- The impending UCC implementation in Uttarakhand places a strong emphasis on gender equality, particularly advocating for equal rights for daughters concerning ancestral properties.

- This initiative aligns with broader efforts to establish a legal framework ensuring equitable treatment and opportunities for all citizens, regardless of gender, sex, religion, or sexual orientation.

Key Recommendations and Considerations

- A draft report, completed by a five-member panel led by retired Supreme Court judge Ranjana Desai in June, is expected to be handed over to the state government soon.

- The report is likely to include robust recommendations on issues such as live-ins, a ban on polygamy and polyandry, and advocacy for raising the marriage age of girls. However, notably absent is a proposal to increase the marriageable age of women from 18 to 21.

Constitutional Foundation - Article 44 and Directive Principles

- The Uniform Civil Code aligns with Article 44 of the Constitution, advocating for a uniform civil code throughout the country.

- However, Article 37 clarifies that directive principles serve as guiding principles for government policies and are not enforceable by courts.

- The UCC proposal represents a significant stride towards legal modernization, adhering to the constitutional directive to work towards a uniform civil code for all citizens.

Challenges and Opposition

- Despite gaining momentum, the UCC initiative faces resistance from orthodox groups in various communities, including Hindus, Muslims, Sikhs, and other minority groups.

- These groups argue for the preservation of customs rooted in traditions dating back to British rule.

 

National Implications

- Uttarakhand's bold move towards UCC implementation is anticipated to set a precedent for other states.

- States like Himachal Pradesh, Uttar Pradesh, and Assam are also gearing up for UCC adoption, reflecting a broader national trend towards legal reform.

- Currently, Goa stands as the only state with a civil code, introduced during Portuguese rule.

Kerala’s Stance

- The Kerala Legislative Assembly, in a historic move, unanimously passed a resolution against the UCC in August.

- Terming it "unilateral and hasty," Kerala became the first state in the country to formally oppose the UCC, showcasing the diversity of opinions and perspectives on this crucial legal reform.