Uttarakhand became the first state in India to implement the Uniform Civil Code (UCC) on Monday (January 27), marking a historic milestone in the country’s legal landscape. Despite facing opposition from various political parties and religious groups, the state government has completed all necessary preparations for the rollout, including rule approvals and official training.

Uttarakhand Chief Minister Pushkar Singh Dhami emphasised that the implementation of the UCC fulfils a significant commitment made by the Bharatiya Janata Party (BJP) during the 2022 assembly elections. The party’s successful re-election, breaking a long-standing trend of incumbents failing to retain power in the state since its formation in 2000, was largely attributed to this promise. Dhami described the UCC as Uttarakhand’s contribution to Prime Minister Narendra Modi’s vision of a developed, organised, harmonious, and self-reliant India.

Reacting to the move, Congress spokesperson Abhishek Singhvi criticised the implementation as a “pilot project” initiated without national consensus. He suggested that the BJP is using Uttarakhand as a testing ground before pushing for broader implementation across the country.

Union Home Minister Amit Shah praised the Bharatiya Janata Party’s (BJP) overwhelming victory in the Uttarakhand Municipal Corporation elections, attributing it to the people’s trust in the development initiatives led by Prime Minister Narendra Modi and Chief Minister Pushkar Singh Dhami.

Shiv Sena (UBT) spokesperson Anand Dubey expressed his party’s support for the Uniform Civil Code (UCC) on Monday, calling it a “good thing” that ensures equal rights for all citizens. He emphasised that the UCC does not discriminate among religions and aligns with the Constitution framed by Dr. Babasaheb Ambedkar. Uttarakhand became the first state to implement the UCC, aiming to standardise personal laws related to marriage, inheritance, and succession. Dubey clarified that the UCC is not aimed at any community, but ensures uniformity in laws for all citizens.

BJP National President JP Nadda also congratulated the party’s leaders and workers, emphasising the success of the double-engine government’s welfare policies. In the January 23 elections, BJP secured 10 out of 11 mayoral seats, with one seat won by an independent candidate, while Congress failed to win any. Shah thanked the people of Uttarakhand for their immense support.

Chhattisgarh Deputy CM Arun Sao emphasised the importance of learning from Uttarakhand’s experience of UCC to develop a nationwide action plan for uniformity in personal laws across the country.

BJP MP and West Bengal BJP President Dr. Sukanta Mazumdar stated, “Uttarakhand’s move will serve as a model to observe its impact. It’s a good time to evaluate its effects. As of now, no decision has been made for West Bengal.”

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Key Provisions of Uttarakhand’s UCC

The Uttarakhand Uniform Civil Code applies to all residents of the state, with exceptions for Scheduled Tribes and protected authority-empowered persons and communities. The law covers various aspects of civil life, including:

  • Marriage and Divorce: The Act standardises the legal age of marriage for men and women (21 and 18 years, respectively) and mandates uniform grounds and procedures for divorce across all religions.
  • Ban on Polygamy and ‘Halala’: The UCC prohibits polygamy and the practice of ‘halala’ across communities.
  • Marriage Registration: Marriages conducted after the Act’s implementation must be registered within 60 days, with online facilities available to simplify the process.
  • Live-in Relationships: Registration of live-in relationships is mandatory to provide legal recognition and protection.
  • Succession Laws: The Act establishes uniform regulations for testamentary succession, including streamlined processes for creating and revoking wills and codicils.
  • Privileged Will Provision: Soldiers, Air Force personnel, and mariners engaged in expeditions or warfare can create flexible privileged wills under special provisions.

Implications of UCC

The new legal framework is expected to bring uniformity and clarity to personal laws in the state, ensuring gender equality and legal protection for all citizens. The Uttarakhand government has announced that marriages solemnized before March 26, 2010, or outside the state, can be registered within six months if they meet the eligibility criteria.

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Several BJP-ruled states, including Assam, have expressed interest in adopting Uttarakhand’s UCC as a model for their own legal systems.

With the implementation of the UCC, Uttarakhand sets a precedent for other states, showcasing a significant step towards uniformity in civil laws across India. While the move has garnered support from various quarters, it continues to face criticism and opposition, reflecting the broader debate on the subject at the national level.