Uttarakhand on Wednesday became the first state in India to implement the Uniform Civil Code after the state assembly passed the Uniform Civil Code Bill, which could become a template for similar legislation in other BJP-run states.

The bill was introduced in Parliament on Tuesday, with the opposition suggesting it be referred to a select committee of the House of Representatives first.

Once the bill gets the governor’s assent, Uttarakhand will become the first post-independence state to enact common laws on marriage, divorce, land, property and inheritance for all citizens irrespective of their religious beliefs.

Uttarakhand UCC Bill: From halala ban to rules for live-in couples, highlights at a glance

Chief Minister Pushkar Singh Dhami said the law was for equality, uniformity and equal rights and was not against anyone.

“There were many doubts about this, but two days of discussions at the General Assembly clarified everything. This law is not targeted at anyone. It is for women who have to face difficulties because of social norms… It will boost their self-confidence. This law is for the all-round development of women… The bill has been passed… We will send it to the President. Once the President signs it, we will implement it as law in the state…” he said.

The question now is whether the Uttarakhand UCC will become a template for the Centre’s laws. If not the Centre, where the debate around the UCC is heating up in BJP-ruled states like Gujarat, Uttar Pradesh and Assam, they are likely to follow suit.

gujarat

Ahead of the assembly elections, Gujarat Home Minister Harsh Sanghavi announced in October 2022 that the state would form a committee to implement the UCC.

He also emphasized that the decision was taken in accordance with Article 44 of Part 4 of the Constitution, which applies common law to all citizens. Minister Parshottam Rupala claimed that the proposed UCC would not infringe on any fundamental rights and would cover Hindu marriage laws and Muslim personal laws.

assam

Assam Chief Minister Himanta Biswa Sarma said in January that Assam will become the third state to implement UCC after Uttarakhand and Gujarat. He stressed that the unified constitution of Assam will not apply to tribal communities but it will have “innovative points” against child marriage and polygamy.

He further stressed the need to end polygamy and to this end, his government plans to introduce a bill in the budget session of Parliament this month.

He said an expert committee submitted a report on Parliament’s ability to end polygamy and subsequently received 150 suggestions for proposed bills to end the social menace in the state.

uttar pradesh

Deputy Chief Minister Keshav Prasad Maurya hinted that Uttar Pradesh “is not opposed to the UCC and will implement it in due course”.

rajasthan

Rajasthan Minister Kanhaiya Lal Choudhary also said that they are working hard to ensure that Rajasthan becomes a state after Uttarakhand to implement the UCC Act.

Haryana

Haryana Home Minister Anil Vij said in 2022 that the state was studying the implementation of UCC. He pointed out that although every citizen is equal to the government, UCC will be considered in some places.

madhya pradesh

Chief Minister Mohan Yadav said in a television interview this month that his government would implement the UCC. He stressed that he would follow what the Center said. “Madhya Pradesh follows land rule,” he added. Former chief minister Shivraj Singh Chouhan said MPs will form a committee to look into the issue.

Southern states oppose UCC

In August last year, the Kerala Legislative Assembly unanimously passed a resolution against the UCC, calling it “unilateral and hasty”. The resolution was moved by Chief Minister Pinarayi Vijayan, expressing concern and dismay over the central government’s move to implement the rule.

Tamil Nadu Chief Minister MK Stalin has strongly opposed the UCC. DMK general secretary Duraimurugan said common law would “eliminate the personal laws of every religion in personal matters”.

Uttarakhand UCC Highlights

The five-member committee’s 800-page final report submitted to Uttarakhand Chief Minister Pushkar Singh Dhami recommended excluding tribal communities from its jurisdiction, There is a focus on women’s empowerment, including banning polygamy and establishing a uniform age of marriage across religions.

• Age of Marriage: The age of marriage for girls has been raised to 21 years from the current 18 years.

• Marriage registration: UCC will make marriage registration mandatory.

• Cohabiting Couples: Cohabiting couples must notify their parents.

• Halala and iddat: The UCC draft mentions discontinuing the use of “halala” and “iddat” — terms commonly used among Muslims to resolve marital disputes.

• Polygamy: The UCC prohibits “polygamy” under Muslim personal law.

• Divorce rights: The draft gives men and women equal grounds and rights to seek divorce, regardless of their beliefs.

• Population control: The draft reportedly recommends limiting the number of children.