Implementation of Uniform Civil Code by Uttarakhand Assembly: Comparative Analysis – Step Towards Development or Downfall?
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AUTHOR: Alisha Barnwal, B.A.LL.B. (Hons.), 3rd Year
ABSTRACT
The Uttarakhand Assembly creates history by implementing the Uniform Civil Code (UCC) in 2024, marking a remarkable development in India’s legal landscape. This move became widely debated nationwide for its implications on federalism, personal laws, and gender justice. In this article, we analyse the UCC’s alignment with constitutional principles as well as its impact on various communities and the broader implications for Indian democracy. The article also draws on constitutional directives, judicial precedents, and comparative legal frameworks to evaluate the necessity and challenges of implementing a Uniform Civil Code at the state level, and contrasts it with similar frameworks in other countries.
INTRODUCTION
“If in the same family there is one law for one member and another law for the second member, will that household be able to function? Can one run the country with such a dual system?”– Sri Narendra Modi, Prime Minister of India
India is a land of diverse cultures, religions, and legal pluralism in the domain of personal laws across religious communities. The Uniform Civil Code (UCC), included in Part IV, Article 44 of the Indian Constitution, mandates that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” This aims to create a more systematic and codified approach to reinforce secular principles, ensuring that all citizens of India are treated equally under the same civil laws, irrespective of personal laws rooted in religious customs. It covers matters such as marriage, divorce, adoption, inheritance, contract law, and family law.
Historical and Constitutional Context
The UCC has been a topic of legal debate since the colonial and post-colonial eras. The British government first introduced the idea of uniformity in Indian law in a report from 1835. Even after independence, the conflict surrounding UCC continued, leading to the inclusion of Article 44 in the Constitution.
Hindu Code Bill (1950) was passed to reform Hindu law.
The Shah Bano Begum Case (1985) and Sarla Mudgal Case (1995) brought the UCC back into the spotlight, highlighting gender disparity and the need for national integration.
A Uniform Civil Code exists in Goa, known as the Goa Civil Code, enforced by Portuguese rulers and accepted by all communities.
In Jose Paulo Coutinho v. Maria Luiza (2019), the court described Goa as a shining example of UCC implementation.
Overview: Uttarakhand Uniform Civil Code (UCC), 2024
Uttarakhand Chief Minister Pushkar Singh Dhami stated that Uttarakhand is the first state legislature in independent India to pass a UCC bill, which applies uniformly to all communities except Scheduled Tribes under the Sixth Schedule of the Constitution.
Key Features of the Uttarakhand UCC Bill:
Common laws and equal rights on marriage and extrajudicial divorce
Inheritance rules
Ban on practices like polygamy, unilateral divorce (Triple Talaq, Halala)
Gender-neutral adoption and maintenance provisions
Equal property rights for women
Registration of live-in relationships
Removal of the concept of an "illegitimate" child—children from void or voidable marriages are treated equally to those from valid marriages
Relevant Case Laws:
Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
Sarla Mudgal & Ors. v. Union of India, AIR 1995 SCC 635
Shayra Bano v. Union of India, 2019
Comparative Analysis
Article 44 (DPSP) seeks to harmonize religious diversity with legal uniformity.Article 25 guarantees religious freedom but is subject to public order, morality, and health.Article 29(1) protects cultural rights.
Thus, UCC aligns with Article 44 and respects religious freedom, as it addresses civil matters rather than interfering in religious beliefs. UCC ensures reforms in areas like adoption, maintenance, and gender inequality—issues not tied to religious morality or rituals.
International Examples:
China’s Civil Code: A unified framework for a multi-ethnic society, covering marriage, family, property, and torts.
USA: No national UCC, but state-level laws govern marriage and divorce, demonstrating federal-state autonomy within a unified legal system.
Turkey, France, Egypt: Introduced civil codes in the 19th and 20th centuries to regulate personal matters.
Concerns in India:
The concurrent list permits states to legislate on personal laws, which might fragment civil law across states and weaken the goal of national uniformity.
Challenges & Justifications
Barriers to Implementation:
Judicial training
Updating legal infrastructure
Legal education and awareness programs
Political will and consensus
Robust enforcement mechanisms
Persuasive Reasons for UCC:
Managing religious diversity in personal matters
Promoting secularism by minimizing religious influence in civil matters
Empowering women by eliminating gender discrimination
Reducing social polarization through equal treatment
Addressing interfaith disputes, property rights, and social cohesion
Preserving religious customs in solemnizing marriages while ensuring equal rights
(Source: Choudhary Laxmi Narayan and Mridula Narayan, Uniform Civil Code, Uttarakhand, 2024 – Uniformizing Marriage Laws and Legalizing Live-in Relationships)
Uniform Civil Code: Needed or Not?
India's diverse communities are governed by different personal laws, often even within the same religion. This results in inequality and confusion.
Examples of Disparities:
Mitakshara Law denies Hindu daughters right by birth in joint family property
Islamic Law often gives male heirs twice the share of females
Fathers as sole guardians under Muslim law
Legal Complexity:
Leads to re-litigation
Makes law inaccessible to ordinary people
Some personal laws uphold practices like polygamy, triple talaq, child marriages
Need for Reform:
Case: Danial Latifi and Ors. vs. Union of India (1973)
Simplifies legal system
Modernizes outdated personal laws
Enhances India ’s international image as a progressive democracy
Promotes human rights and justice
Facilitates more efficient judicial administration
Loopholes to Address:
Risk to religious freedom
Inconsistencies across states
UCC silent on parental roles—current secular guardianship laws prevail
Legal gaps: e.g., are male roommates required to prove a relationship?
Despite these, a uniform law will help resolve future challenges, promote equality, and correct disparities rooted in community-based personal laws.
“India is probably the only country in the world in which the attempt to introduce a uniform Civil Code is criticised as communal. Uniform Civil Code is the hallmark of democracy and used to reduce social division. Why should India, as the world’s largest democracy, not have one?”– Dr. David Frawley
CONCLUSION
Uttarakhand’s implementation of the UCC is a landmark moment and a complex yet progressive initiative in Indian legal history. It revives the long-debated vision of India’s Constitution-makers. By addressing gender disparity and promoting legal uniformity, Uttarakhand becomes a model for other states.
Yes, there are risks, especially in a diverse society like India. But if implemented judiciously, UCC can strike a balance between reform and respect for pluralism and federalism. It upholds secularism as enshrined in the Preamble and demonstrates that law, not religious belief, is the supreme guiding force in governance.
Now is the time for India as a whole to consider reforming outdated personal laws and embracing UCC as a step towards a more modern, equitable, and unified society.
