DEHRADUN: The expert committee, as part of the first step towards the proposed Uniform Civil Code that is set to be implemented in Uttarakhand next week, submitted its draft to Chief Minister Pushkar Singh Dhami on Friday.
The committee has recommended several important changes in the draft regarding social equality in the state. The matter will be discussed in the Cabinet meeting on Saturday, and there is a possibility of its passage in the special session of the Legislative Assembly starting on Monday, with the expectation of it being passed in the Assembly on February 6.
The specially appointed expert committee on UCC presented its preliminary report to Chief Minister Pushkar Singh Dhami on Friday. Justice (Retd.) Ranjana Prakash Desai, the chairperson of the committee, and her team visited the Chief Minister's residence at the main secretariat building to deliver the draft report.
According to government sources, "It is expected that after receiving approval in the cabinet meeting called on Saturday, the draft report on the Uniform Civil Code (UCC) will be presented in the State assembly on February 6." After submitting this report, Uttarakhand will take another important step towards implementing the UCC.
The draft is divided into four parts, according to sources, "The committee's major recommendations include equal rights for women in property division in all religions. The rights of women will not be violated even if they marry into other religions or castes. Registration will be necessary for live-in relationships. The committee has primarily endorsed equal rights for all religions, especially for women and inheritance rights, including love jihad and marriage."
It is noteworthy that during the 2022 state assembly elections, Chief Minister Dhami had formed a committee under the chairmanship of Justice Desai to implement the UCC. The Chief Minister extended the committee's term three times to prepare the draft. During this period, the committee invited suggestions from the public on the UCC based on both online and offline platforms.
Committee member Shatrughan Singh explained, "The expert committee formed a subcommittee to discuss and gather suggestions from specific members of society, social workers, religious leaders, saints, and aware citizens. The committee conducted visits to various regions of the state and gathered suggestions from people in open meetings. In this way, the committee received nearly 2.5 lakh suggestions".
The committee received several important suggestions in approximately thirty different meetings. It also discussed the Uniform Civil Code (UCC) with the Central Law Commission, and after this marathon effort, the final draft was prepared.
The ruling BJP has a majority of 47 MLAs in the 70-member Uttarakhand Assembly. Following its passage by the house, the bill will be submitted to the Governor for approval, and upon receiving the Governor's endorsement, it will be enacted as law within the state.
Goa is currently the sole region in India where a uniform civil code is implemented, specifically the Portuguese Civil Code of 1867. This comprehensive legal framework, authored by Viscount Antonio Luis de Seabra, covers a broad spectrum of laws and has remained in effect for 163 years.
Upon the liberation of Goa, the Goa, Daman and Diu (Administration) Act, 1962 was enacted, with Section 4(1) stipulating: "Continuance of existing laws and their adaptation: (1) All laws in force immediately before the appointed day in Goa, Daman and Diu or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority.”
Key points of the Uniform Civil Code
- A uniform law for divorce will apply across all religions.
- Uniform regulations for post-divorce maintenance will be established.
- A uniform law for adoption will be implemented across all religions.
- Equal property rights for girls will be enforced across all religions.
- Protection of girls' rights when marrying into other religions or castes will be ensured.
- The legal age for marriage for girls will be standardized at 18 years across all religions.
- Mandatory registration for live-in relationships will be required.
- Tribal communities of the state will be exempt from this law.
- The principle of one husband, one wife will be universally applicable, and the practice of polygamy will be abolished.
