Uttarakhand Civil Code: The new proposed bill governs unwed couples who live-in together

Uttarakhand Civil Code: The new proposed bill governs unwed couples who live-in together

KAKALI DAS

In India, a significant debate is currently underway regarding uniformity, particularly in laws such as the one presented on 7^th February, 2024, by the state government of Uttarakhand: the UCC bill, or Uniform Civil Code bill.

This proposed legislation seeks to establish consistent personal laws within the state, governing matters such as marriage, divorce, and inheritance of parental wealth, ensuring equal application for all individuals.

Currently, personal laws in India vary by religion, with Hindus, Muslims, and other faiths each adhering to their distinct legal frameworks. The proposed UCC bill seeks to dismantle much of this religious-based differentiation, advocating for a single uniform law to govern personal matters. This reform is both significant and contentious, as it represents a fundamental restructuring of India’s legal scenario.

The Uniform Civil Code (UCC) has sparked division within India, with one camp questioning the necessity of uniformity and advocating for the preservation of cultural diversity. On the opposing side, proponents argue for the importance of rights and consistency, questioning why citizens of the same nation should adhere to different legal standards.

India’s ruling party, the BJP, aligns with the camp advocating for a Uniform Civil Code (UCC). In fact, the BJP’s 2019 manifesto explicitly pledged to implement the UCC. While this objective has yet to materialize at the national level, several BJP-governed states are now in the process of devising their own iterations, with Uttarakhand leading the way as the first to table such legislation.

The cabinet approved the bill last week, and on 7^th Feb, it was formally tabled. It is anticipated to be ratified within the next few days. Once passed, the Uniform Civil Code (UCC) will come into effect in Uttarakhand, superseding any existing personal laws and establishing uniform regulations across the state.

Now, why is this development significant?

For two main reasons: A) It marks a historic milestone as no Indian state has previously implemented the Uniform Civil Code (UCC) since independence. Although Goa already has a form of UCC, it originated during Portuguese rule, making Uttarakhand’s implementation unprecedented in post-independence India.

And B) it sets a precedent for future endeavours, with states such as Gujarat and Assam closely observing. The framework established in Uttarakhand could serve as a model for their own UCC implementations.

Let’s examine the Uttarakhand bill: What aspects are commendable, what aspects are acceptable, and what aspects are deemed unacceptable?

To begin, the Uttarakhand bill excludes tribal groups, meaning that members of scheduled tribes will not be subject to the provisions of the Uniform Civil Code (UCC). Secondly, the bill prohibits polygamy, mandating that individuals may only have one spouse. Those already in a marriage cannot enter into another union without obtaining a divorce first. Thirdly, the bill establishes a fixed marriageable age of 21 for men and 18 for women, irrespective of religious affiliation, prohibiting marriages below these age thresholds.

And finally, a controversial provision, that of live-in relationships.

The Uttarakhand government proposes that couples in such arrangements must register themselves. An official will verify criteria such as both partners’ adulthood, mutual consent, and marital status. Upon completion of these checks, the live-in relationship will be formally registered. However, failing to inform authorities could result in penalties: up to three months imprisonment and a fine of up to ₹10,000, enforceable after a month’s grace period.

The rationale behind this approach is clear. Numerous live-in relationships have turned contentious, with some even resulting in violence and death. So, the government wants more control, but honestly, it’s a precarious path to tread. Two consenting adults should have the freedom to cohabit without the need for governmental authorization or registration. Such stringent measures are unprecedented in any democracy and should not be an exception in Uttarakhand. Hopefully, reason will prevail, and a more balanced approach will be adopted.

Now, shifting our focus to the broader perspective: Does India require a Uniform Civil Code (UCC)? The framers of our constitution believed so. The UCC is enshrined within the constitution as part of the Directive Principles of State Policy, akin to recommendations for the government. While leaders may choose to heed or disregard these principles, they remain integral to the constitutional framework. In this instance, the BJP has opted to embrace this suggestion.

The looming question is: Will a nationwide Uniform Civil Code (UCC) be the next step? The current trajectory suggests that it’s a distinct possibility. With Prime Minister Modi’s potential reelection, the realization of a UCC on a national scale becomes more plausible. Perhaps the Uttarakhand bill serves as a trailer to the larger goal.

And will the opposition agree? Well, there is uncertainty surrounding their official stance. The Congress party, India’s primary opposition, lacks clarity on the matter. While their leader in Uttarakhand claims not to oppose the Uniform Civil Code (UCC), but in the past their leaders have rejected it.

This explains the contentious nature of the issue, yet it shouldn’t prompt abandonment. Mature nations don’t shy away from challenging topics; instead, they confront them head-on, engage in robust debates, and ultimately strive for consensus. India should follow suit in addressing the Uniform Civil Code (UCC) in a similarly constructive manner.

I understand that India’s diversity is a source of strength, but it shouldn’t be used to excuse injustices. Diversity cannot rationalize practices such as polygamy, the denial of ancestral wealth to women, or child marriage in certain remote areas. These issues stand in opposition to principles of equality and justice, regardless of cultural or regional diversity.

The crux of the matter is that beliefs and customs should never infringe upon an individual’s rights, irrespective of their religious affiliation.

The hope is that a Uniform Civil Code (UCC) can address these discrepancies. As for dissent and opposition, the singular solution lies In a fair, transparent, and impartial process. Striving towards the implementation of a Uniform Civil Code should be our collective objective.

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