Uttarakhand first state to bring UCC into force
Uttarakhand becomes India's first state to implement a Uniform Civil Code, aiming for equal rights in marriage and inheritance, amid political controversy.
Uttarakhand on Monday became the first Indian state to roll out a Uniform Civil Code (UCC) across the state with chief minister Pushkar Singh Dhami launching a portal for registration of marriage, divorce, live-in relationships and wills, and releasing rules for the implementation of the controversial legislation.
The move marks a major ideological achievement for the Bharatiya Janata Party (BJP), which rules the Himalayan state. UCC is part of a troika of core goals of the BJP, in addition to the Ram Temple and the abrogation of Article 370 in Jammu & Kashmir. The Uttarakhand law is expected to act as a model legislation for other states that aim to implement UCC.
“In exercise of the powers conferred by subsection (2) of section 1 of The Uniform Civil Code, Uttarakhand, 2024 (Act no 3 of 2024), the governor hereby appoints the date 27th January 2025 as the date on which the said Code shall come into force,” the notification implementing UCC said.
Dhami was the first person to register his marriage on the UCC portal that listed services under nine heads – registration of marriage, registration of divorce, registration of live-in relationships, termination of live-in relationships, declaration of heirs, registration of wills, appeals against decisions, accessing data, and filing complaints.
“Today, post-Independence, Uttarakhand has become the first state in the country to implement the Uniform Civil Code. A portal has been prepared for registration. January 27th will be celebrated as UCC Diwas every year,” said Dhami.
“I hope the Gangotri of UCC after originating from Uttarakhand will flow to the rest of the country and inspire the whole nation,” he added.
After him, five other people registered their marriages.
“I am happy to be among the first ones to register my marriage under the UCC. It is important for everyone to get registered under the law... it will bring a good change in the society,”Uttarakhand resident Manoj Rawat said.
However, the Congress called the move “a political manoeuvre” instead of “social necessity” and Muslim groups said they will move the Supreme Court and high court against the implementation of the common code.
The CM said that the implementation of UCC fulfilled a major electoral promise made by the BJP during the 2022 assembly elections. “With the implementation of UCC, the BJP has fulfilled all its major ideological commitments including abrogation of Article 370 in Jammu & Kashmir, making triple talaq illegal, the CAA (Citizenship Amendment Act) , and building of a Ram temple in Ayodhya,” the chief minister said.
UCC refers to a common set of laws that will subsume customary laws across faiths and govern issues such as marriage, divorce, inheritance and maintenance. Part of the troika of core ideological goals of the BJP, UCC was among the party’s poll promises in the 2022 assembly elections.
Last February, Uttarakhand passed the UCC bill that provided for equal rights to women in marriage, divorce, alimony and inheritance of property, proscribed certain kinds of relationships between close family members, banned polygamy, made registration of marriages mandatory, and mandatory registration or self-declaration for live-in relationships.
The decades-old demand for UCC – which is a part of the non-justiciable directive principles of state policy in the Constitution – is linked to India’s complex system of personal laws, rules and customs, especially for religious minorities. A UCC, in theory, will implement homogenous rules for marriage, divorce, inheritance, financial compensation and adoption, among others, for all communities but many activists and experts fear that this may obliterate the customs and traditions of particular communities, and become a proxy to target their faiths.
Dhami said UCC will end discriminatory practices based on religion and gender, and ensure the same rights for all people. “Discriminatory practices like halala, triple talak and child marriage will be end. UCC is not against any religion or section, there will be no interference with marriage rituals and customs. It is not meant to target anyone. Major Muslim countries and civilised societies in the world already have UCC,” he said.
The CM announced that January 27 will be observed every year as “Saman Nagrik Samhita Diwas” in the state.
For live-in relationships, the registrar will send the registration certificate of live-in couples to the officer-in-charge of the local police station for record, and in case either partner is less than 21, their parents or guardians will be informed. The rules also say that if the couple is provided with a certificate or provisional certificate of live-in relationship , no landlord can refuse tenancy of residential accommodation to persons already in a live-in relationship or intending to enter into a live-in relationship, solely because they are not married.
Dhami pushed back on the controversy around live-in relationships and claimed that the government was not infringing upon the privacy of people. “We want the security of live-in couples. There was a case in which one Shraddha Walker was murdered by her live-in partner in Delhi in 2022. We don’t want Shraddha Walker-like cases here,” he said. He was referring to the grisly murder of a 27-year-old woman by her live-in partner in Delhi in 2022.
Residents living outside the state can register through the portal and through CSCs (common services centres) located across the state. The UCC rules provide a time frame of 15 days to a month for registration applications to be accepted or rejected. “Those who are already in polygamous relationships, they will also have to register themselves,” said Shatrughna Singh, retired IAS officer and former chief secretary, who headed the UCC rules committee. He added that those who have ended their marriages under the customary laws will also have to register. “People can also file complaints on the portal in case their registrations are rejected. People can also appeal against the rejections. We ensured that the people are guided step by step on the portal,” he said, adding data about individuals will not be shared for protecting privacy. However, a couple can seek information about each other jointly.
In his press conference, Dhami dismissed allegations that UCC will target any particular community, and also justified keeping tribal communities out of the ambit of the law. “Today with this roll-out we also pay our tributes to BR Ambedkar and other members of the constituent Assembly that drafted the Constitution of India. I express my gratitude on behalf of the people of the state to PM Narendra Modi and Union home minister Amit Shah under whose leadership we have been able to bring UCC here,” he said.
The issue assumed a national profile in June 2023, when Prime Minister Narendra Modi spoke to BJP booth workers and made a strong case for UCC. In its election manifesto before the Lok Sabha elections last year, BJP promised to implement UCC in the country.
Members of various Muslim groups rejected the implementation of UCC in the state. Apex Muslim organisation Jamiat Ulema-e-Hind said it will challenge the move in different courts. “The law is based entirely on discrimination and bias. On the guidance of Jamiat president Maulana Arshad Madani, the organisation will challenge the decision in both the Uttarakhand High Court and the Supreme Court,” it said in a statement.
Naeem Qureshi, president of the Dehradun-based Muslim Sewa Sangathan, said: “The law has been brought to divide Hindus and Muslims and to target the minorities. It will neither improve the daily life of the general public or lead to overall development of state.”
The Opposition Congress rejected the government move. “UCC has never been a part of public demand in Uttarakhand. It seems to have been brought more as a political manoeuvre than a social necessity,” state Congress president Karan Mahara said.