Uttarakhand set to implement Uniform Civil Code: What are the expected changes?

The Bharatiya Janata Party (BJP) in India has consistently focused on the Uniform Civil Code, a long-debated legal reform. In a groundbreaking move, Uttarakhand is set to become the first state in the country to implement the UCC next week. A committee formed led by Justice (retired) Ranjana Prakash Desai is expected to submit a comprehensive report to Chief Minister Pushkar Singh Dhami in the coming days, India Today sources said. Let’s take a closer look. UCC draft bill is ready The state government is reportedly considering calling a special session of the Uttarakhand Legislative Assembly following Diwali, in order to enact the UCC bill and give it legal status. The term UCC refers to a common set of rules that govern marriage, divorce, inheritance, adoption, and other personal issues and are applicable to all Indian residents without regard to religious beliefs. When the BJP won the state assembly elections last year, chief minister Dhami promised to adopt the UCC. After winning the election, his government appointed Supreme Court Justice (retd) Ranjana Desai to head an expert committee tasked with reviewing all relevant laws pertaining to state residents’ private citizen affairs. According to NDTV, the five-member committee worked with a variety of citizens and spoke with over two lakh people as well as important stakeholders. Its term was extended for a third time in September of this year by an additional four months. In addition to Justice Desai, the committee comprises of retired judge Pramod Kohli of the Delhi High Court, social activist Manu Gaur, former chief secretary and IAS officer Shatrughan Singh, and vice-chancellor of Doon University Surekha Dangwal. Desai announced in June that the Uttarakhand bill’s drafting had concluded and will shortly be delivered to the state administration. “It gives me immense pleasure to inform you that the drafting of the proposed Uniform Civil Code of Uttarakhand is now complete. The report of the expert committee along with the draft will be printed and submitted to the Government of Uttarakhand,” India Today quoted Justice Desai as saying. The expected changes A report by Indian Express claims that the report has given importance to equal rights for daughters living on ancestral properties and gender equality. However, it does not advocate for raising the age at which women can get married to 21. The committee’s report states that women should continue to be eligible to marry at the age of 18. “It is to formulate one law that is applicable to all religions in matters related to marriage, divorce, inheritance and adoption,” the outlet quoted its sources as saying. Its sources added that the bill’s larger focus is on consistency in personal laws, including those pertaining to child custody, maintenance, divorce, property rights, and inter-state property rights. That being said, neither religious marriage customs nor other rituals would be addressed by the proposed laws. According to NDTV sources, the government also seeks to ban polygamy completely in the draft bill. Additionally, there is a provision for live-in couples to register their relationship. Despite receiving “overwhelming suggestions” from a wide range of stakeholders suggesting that a couple should have a set number of children, the committee did not make a recommendation on this matter; instead, it only noted that there have been strong calls for a national law on population control. It is anticipated that the Union government will utilise the report as a model when developing the UCC Bill that it will eventually introduce. The UCC may have a significant influence on future personal laws in India, even outside of Uttarakhand, as the state prepares for a landmark legal change. UCC – BJP’s prime focus for upcoming elections Ahead of the Lok Sabha elections, political experts speculate that the BJP’s advocacy of the UCC is part of a larger plan. For the saffron party, the implementation can represent a political breakthrough that advances a narrative of uniformity and reform in law. Madhya Pradesh and Gujarat are the two other BJP-ruled states that have appointed committees to initiate the process of implementing UCC. The Law Commission of India has also begun consultation on the legal reform. Moreover, India Today sources indicated that Gujarat would also apply the Uniform Civil Code prior to the 2024 Lok Sabha elections and become the second state. With inputs from agencies