Uttarakhand becomes first India State to have common civil law

Story by  ATV | Posted by  Aasha Khosa | Date 27-01-2025
Uttarakhand Chief Minister Pushkar Singh Dhami announcing the implementation of UCC in the state
Uttarakhand Chief Minister Pushkar Singh Dhami announcing the implementation of UCC in the state

 

New Delhi

Uttarakhand has become the first state in India to implement a Uniform Civil Code (UCC), aiming to simplify and standardize personal laws related to marriage, divorce, succession, and inheritance.

Chief Minister Pushkar Singh Dhami launched the UCC portal, marking a historic step.

The UCC seeks to establish a uniform legal framework governing marriage, divorce, property, inheritance, and adoption laws for all citizens, irrespective of religion.

It mandates the registration of marriages, divorces, and live-in relationships.

UCC applies to all residents of Uttarakhand, except Scheduled Tribes and Tribes and protected authority-empowered persons and communities.

The announcement, which marks a significant legislative milestone, was unveiled by Pushkar Singh Dhami through a UCC portal at 12:30 p.m. on Monday, just ahead of Prime Minister Narendra Modi's visit to the state.

The UCC seeks to establish a uniform legal framework governing marriage, divorce, property, inheritance, and adoption laws for all citizens, irrespective of their religion.

The announcement, which marks a significant legislative milestone, was unveiled by Pushkar Singh Dhami through a UCC portal at 12:30 p.m. on Monday, just ahead of Prime Minister Narendra Modi's visit to the state.

Dhami posted a video of the launch of UCC portal on X:

Notably, UCC has been applicable in Goa since the Portuguese colonial rule. It’s based on the Portuguese Civil Code of 1867.

The Goa, Daman, and Diu Administration Act of 1962, was passed after Goa became part of India as a Union Territory in 1961, permitting it to retain the Portuguese-era civil code.

Speaking to ANI on Saturday, CM Dhami stated that the Bharatiya Janata Party has fulfilled the promise they made in 2022.

He referred to Article 44 of the Constitution, which mentions that the country "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."

Article 44 of the Constitution is part of the Directive Principles of State Policy. Part IV of the Constitution of India (Article 36-51) contains the Directive Principles of State Policy (DPSP).

The Directive Principles of State Policy (DPSP) are guidelines for the Indian government aimed at ensuring socio-economic justice for the people and establishing India as a Welfare State.

"During the 2022 assembly election which we contested under the leadership of PM Modi - we promised the people of the state that we will work to implement the UCC after forming the govt. We have fulfilled all the formalities and the Act (UCC) is now ready to be implemented... Uttarakhand has become the first state to bring the UCC - where there will be no discrimination based on gender, caste, or religion - and we are bringing the UCC - mentioned under Article 44 of the constitution on January 27..." CM Dhami told ANI.

A spokesperson of the government said, “The Uttarakhand government will implement the Uttarakhand Uniform Civil Code Act, 2024, today establishing a streamlined framework for the creation and cancellation of wills and supplementary documents, known as codicils, under testamentary succession.”

This act applies to the entire area of the state of Uttarakhand and is also effective on the residents of the state living outside Uttarakhand.

Under this, marriage can be solemnized only between those parties, none of whom has a living spouse, both are mentally capable of giving legal permission, the man should have completed at least 21 years of age and the woman 18 years of age and they should not be in the ambit of prohibited relationships.

Marriage rituals can be performed in any form under religious customs or legal provisions, but it is mandatory to register marriages taking place after the implementation of the Act within 60 days.

Marriages solemnized before March 26, 2010, or outside the state of Uttarakhand, where both the parties have been living together since then and fulfill all the legal eligibility criteria, can (although it is not mandatory) get registered within six months of the coming into force of the Act, said an official statement by the government.

Similarly, the work of acceptance and acknowledgment of marriage registration is also required to be completed promptly. After receiving the application, the sub-registrar has to make an appropriate decision within 15 days.

However, senior Congress leader Kumari Selja criticized the move, labeling it as part of the BJP's "agenda to divide people."

Interestingly, the support for USS has come from the most unexpected quarters as Congress leader Captain Ajay Singh Yadav voiced his support for its nationwide implementation after taking everyone on board.

The support for UCC by Congress leader is set to raise eyebrows as the grand old party has been highly critical of the 'discriminatory and divisive' legislation, often accusing the BJP of using UCC as a political tool. 

Captain Ajay Singh Yadav is a senior Congress leader and former Haryana minister. His support for the UCC is contrary to the party's stand and comes just ahead of Rahul Gandhi's public rally in Madhya Pradesh.

Speaking to IANS over the implementation of UCC in Uttarakhand, he called for nationwide implementation rather than limiting it to a single state but demanded that it must be done after reaching a consensus from all political parties and taking everyone on board.

Yadav said, "Nothing should be forced on anyone. An all-party meeting should have been called on the UCC, and it should have been implemented across India. If something is implemented after consulting only one state, then it is not right."

However, senior Congress leader Kumari Selja criticized the move, labelling it as part of the BJP's "agenda to divide people."

"This is being done because elections are happening there as well as in other parts of the country. This is the BJP's agenda to divide people among themselves, and under the same agenda, they are doing such things," she had told IANS.

Meanwhile, the Uttarakhand government assured that the UCC rules have been carefully framed, avoiding controversial provisions regarding disputes related to personal laws.

As Uttarakhand takes this historic step, the UCC's implementation is expected to spark further debates on its impact on India's diverse social and cultural fabric.

Chief Minister Pushkar Singh Dhami said that the implementation of UCC will bring uniformity in all laws relating to personal civil matters that discriminate based on caste, religion, gender, etc.

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The Uniform Civil Code is just an offering made by our state in the great yagya being done by the Prime Minister to make the country a developed, organized, harmonious, and self-reliant nation. Under the Uniform Civil Code, an attempt has been made to bring uniformity in all laws relating to personal civil matters that discriminate based on caste, religion, sex, etc."