The Uniform Civil Code (UCC) has been a long-debated concept in India, enshrined in Article 44[1] of the Indian Constitution which states “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”. Recently, Uttarakhand proposed a landmark legislation on the UCC, sparking discussions on its implications and potential benefits.

The Uniform Civil Code (UCC) encompasses a unified set of laws governing personal affairs like marriage, divorce, inheritance, and succession, applicable to all citizens irrespective of their religious background. During the formulation of the constitution, key figures such as Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for the implementation of a Uniform Civil Code (UCC). However, due to resistance from religious fundamentalists and a lack of widespread awareness among the public at that time, the UCC was incorporated into the Directive Principles of State Policy (DPSP) under Article 44. It's worth noting that Article 162[2] of the Indian Constitution grants executive power to the State, allowing the Legislature to enact laws on certain matters. This authority is further supported by Entry 5 of the Concurrent List in the Seventh Schedule, which specifically addresses various aspects including marriage, divorce, adoption, and succession, among others, allowing for legislation concerning personal laws. Consequently, the establishment of a committee by the state government of Uttarakhand to introduce and enforce a Uniform Civil Code within its jurisdiction aligns with constitutional principles and legislative jurisdiction. In 2024, the government of Uttarakhand, under Pushkar Singh Dhami, demonstrated its commitment to establishing a comprehensive legal framework addressing personal matters, including marriage, divorce, live-in relationships, and succession, regardless of religious affiliation. A five-member expert committee, led by retired judge Ranjana Prakash Desai, was appointed by the state government to fulfil its electoral promise. Recently, the committee submitted its recommendations on the UCC to Dhami after examining existing laws related to personal civil matters and suggesting amendments or drafting a new legislation. Subsequently, the UCC Bill draft was presented in the state assembly, following approval from the cabinet, and now has been passed. This article provides an in-depth analysis of the Uttarakhand UCC Bill, examining its features, advantages, and disadvantages and comparing it with the Goa Civil Code.

In the landmark Shah Bano case[3] of 1985, the Supreme Court ruled in favour of a divorced woman denied maintenance, invoking the provision of Section 125[4] of the CRPC and also emphasised the need for a uniform civil code applicable to all citizens, irrespective of religion. Subsequent cases like Sarla Mudgal v. Union of India[5] (1995) and John Vallamattom v. Union of India[6] (2003) reiterated this demand. In the 2019 Jose Paulo Coutinho v. Maria Luiza Valentina Pereira case[7], the Court lauded Goa's implementation of a uniform civil code and urged for its nationwide adoption.

The 21st Law Commission[8], led by Justice Balbir Singh Chauhan in 2018, stated that a uniform civil code wasn't necessary or desirable at that stage, emphasizing the coexistence of secularism with the country's plurality. It recommended amending discriminatory practices within existing personal laws instead. In acknowledgement of the lapse of time since the initial consultation paper, the 22nd Law Commission, under Justice (Retd) Rituraj Awasthi in 2022, sought opinions from various stakeholders, including the public and religious organizations, on the matter of UCC.

Existing laws on marriage and divorce comprise the secular Special Marriage Act (SMA) of 1954, along with various personal laws such as the Hindu Marriage Act of 1955, the Indian Christian Marriages Act of 1872, the Indian Divorce Act of 1869, the Parsi Marriage and Divorce Act of 1936, and both uncodified (Shariat) and codified Muslim laws including the Dissolution of Muslim Marriages Act, the Muslim Women (Protection of Rights on Marriage) Act of 2019, and the Muslim Women (Protection of Rights on Divorce) Act of 1986.

Regarding parent-child relations, guardianship is regulated by laws where natural guardianship is determined by personal laws, while court-appointed guardianship falls under the secular Guardians and Wards Act (GWA) of 1890. These laws typically designate the father as the guardian with decision-making authority over the child and their property, relegating the mother to the role of custodian. Additionally, children born out of wedlock are often considered "illegitimate" under personal laws, leading to the denial of certain rights, including inheritance. While the Supreme Court has intervened to address this discrimination by allowing mothers to be appointed as guardians in cases where the father fails in his responsibilities and granting inheritance rights in ancestral property to children born from void and voidable marriages, these reforms are primarily within Hindu law. Adoption laws vary, with Hindus, Buddhists, Jains, and Sikhs adopting under the Hindu Adoption and Maintenance Act (HAMA) of 1956, while adoption for all, regardless of religion, is covered under the secular Juvenile Justice (JJ) Act of 2015.

The bill encompasses provisions as to the registration of marriages and live-in relationships, polygamy, and certain extrajudicial divorce practices. Additionally, the bill addresses issues related to guardianship, adoption, and the legitimacy of children born out of wedlock or live- in relationships.

Key Features of the Uniform Civil Code (UCC):

The Uttarakhand UCC seeks to promote gender equality by ensuring equal rights for men and women in matters of marriage, inheritance, and divorce. It prohibits discriminatory practices and customs, providing a level playing field for individuals regardless of gender or religious background.

Problems with the Uttarakhand UCC Bill:

The Goa Civil Code stands as the lone instance of a Uniform Civil Code (UCC) in India, adopting a common family law system. Established in the 19th century under Portuguese rule, it persists to this day following Goa's liberation. Some key features include:

Despite its progressive aspects, the Goa Civil Code also has limitations and is not strictly uniform. For instance, Hindu men may have the right to bigamy under specific circumstances outlined in the Codes of Usages and Customs of Gentile Hindus of Goa. In contrast, other communities are prohibited from practising polygamy.

Achieving the objectives of the Directive Principles of State Policy (DPSP) and ensuring legal uniformity requires urgent attention and careful consideration. To this end, the following steps should be prioritized:

India's diverse landscape of codified personal laws underscores the need for a cohesive family- related legal framework acceptable to all religious communities. While the majority acknowledges the desirability of a UCC in strengthening national unity, differences persist regarding its timing and implementation approach. Instead of exploiting the issue for political gain, leaders across political and intellectual spheres should prioritize consensus-building. Ultimately, the quest for a UCC is not merely about protecting minority rights or fostering national unity; it is about upholding the inherent dignity of every individual, a principle that personal laws have thus far failed to achieve.