Uttarakhand implements Uniform Civil Code, becomes first state to do so

CM Pushkar Singh Dhami said that all necessary preparations for the UCC's implementation have been completed, including the approval of its rules and the training of relevant officials.
Uniform Civil Code
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DEHRADUN: The Uniform Civil Code will be implemented in Uttarakhand on January 27, making it the first state in independent India to put into effect such a law, Chief Minister Pushkar Singh Dhami said.

All necessary preparations for the UCC's implementation have been completed, including the approval of its rules and the training of relevant officials.

Dhami claimed that the UCC will promote societal uniformity, ensuring equal rights and responsibilities for all citizens.

He claimed the law's implementation as part of a "great 'yagya'" led by Prime Minister Narendra Modi, aimed at making India a developed, organized, harmonious, and self-reliant nation.

In his address following the announcement of the implementation of the UCC, CM Dhami stated, "The credit for the 'Ganga' of UCC flowing from Uttarakhand goes to the divine people of Devbhoomi Uttarakhand... From this moment, the women of Devbhoomi have attained equal rights."

Dhami claimed that the implementation of the contentious UCC will strengthen women's empowerment and "put an end to practices such as 'halala' and 'iddat'."

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In a strong reaction against the implementation of the UCC, the Muslim Service Organisation has sent a memorandum to the President of India expressing its intention to challenge the UCC in court.

Representatives from the Muslim Sewa Sangthan, along with Tanzeem-e-Rahnuma-e-Millat and Jamiat Ulema-e-Hind, stated that they "are prepared to take legal action against this move."

Naeem Qureshi, the president of the Muslim Sewa Sangthan, spoke exclusively to The New Indian Express, stating, "This is a premeditated and well-thought-out move by the government. Given the Prime Minister's visit to the state on Tuesday, we have decided to keep our protest measured and hold a demonstration on Wednesday."

He further noted, "On the other hand, the High Court is also on vacation until February 10. The government has made this move to capitalize on the upcoming elections in Delhi and take advantage of the court's recess. However, we will knock on the doors of the court as soon as it reopens after the holidays."

Qureshi accused the Uttarakhand government of attempting to impose one religion's culture over another through the proposed Uniform Civil Code.

Former chief secretary Shatrughan Singh, Chairman of the UCC Rules Committee, shed light on the three-year journey from the formation to the implementation of the UCC.

The UCC was a central promise of the BJP during the 2022 assembly elections, which saw the party secure a historic second consecutive term. Dhami attributed the BJP's sweeping victory to its commitment to passing the UCC.

Following his re-election in March 2022, Dhami's government moved swiftly to form an expert committee to draft the law.

The committee, headed by retired Supreme Court Judge Ranjana Prakash Desai, was established on May 27, 2022.

After 18 months of consultations with various community groups, the committee submitted a comprehensive four-volume draft in February 2024.

The state assembly passed the UCC legislation on February 7, 2024, and it received presidential assent nearly a month later, clearing the path for its implementation.

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Another expert committee, led by Shatrughna Singh, was formed to devise the rules and regulations for the law's execution. The committee submitted its final report late last year, and the state cabinet recently gave approval, allowing Chief Minister Dhami to set the implementation date.

The UCC provides a single legal framework governing marriage, divorce, inheritance, adoption, and maintenance across all religious communities in India.

Currently, while there is a uniform criminal law, civil laws differ significantly among various religious groups.

Tribal communities are exempt from UCC provisions, although the future of traditional partnership practices remain uncertain. The introduction of a general legal framework raises questions about balancing modern legal frameworks with the preservation of cultural practices among these communities.

In Uttarakhand, certain tribal communities, such as the Jaunsari and Bhotia, practice polyandry and polygamy, respectively. Despite economic challenges, these tribes have preserved their traditional lifestyles and crafts, passing skills down through generations.

Highlights of UCC

1. Marriage registration is mandatory.

2. Remarriage is completely prohibited while both spouses are alive.

3. Equal right to divorce for husbands and wives across all religions.

4. Equal inheritance rights for sons and daughters in all communities.

5. Ban on the practices of Halala and Iddat in the Muslim community.

6. No discrimination between legitimate and illegitimate children regarding property rights.

7. Registration is mandatory for live-in relationships, and children born from such relationships have equal property rights.

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