Uttarakhand Becomes First State to Pass UCC Bill: CM Dhami Asserts PM Modi’s Vision of One India, Best India Will be Fulfilled

Uttarakhand, on Wednesday, witnessed the enactment of the Uniform Civil Code (UCC) Bill in the state legislative assembly, marking a significant legislative development. With this passage, Uttarakhand becomes the first state in independent India to embrace the UCC Bill, a milestone further solidified by Chief Minister Pushkar Dhami’s endorsement of the bill in the assembly session held on February 6th.

Post-approval in the assembly, the bill will now be forwarded to the governor for his assent. Upon receiving the governor’s approval, the bill will transform into law, granting equal rights to all citizens. The Bharatiya Janata Party (BJP) had pledged to introduce the UCC during the 2022 legislative elections.

The bill’s enactment entails mandatory registration for individuals in live-in relationships in Uttarakhand. Failure to comply may result in penalties for up to six months. Additionally, remarriage while one spouse is alive will be deemed illegal unless conducted under legal provisions.

Chief Minister Dhami Stresses Equality with the Passage of UCC Bill in Uttarakhand

Uttarakhand Chief Minister Pushkar Singh Dhami asserted that the Uniform Civil Code (UCC) law is a testament to equality for all citizens, following the successful passage of the UCC Bill in the state legislative assembly. While diverse opinions were expressed by various individuals, clarity prevailed during the assembly discussions. Dhami emphasized that the legislation doesn’t contradict anyone’s beliefs but serves as a recourse for mothers, sisters, and daughters facing numerous hardships in life. He underscored that the law is in the interest of children and empowers women.

Dhami remarked that today is a significant day for Uttarakhand, as the long-awaited special bill has been introduced and passed in the Devbhoomi Vidhan Sabha after much anticipation nationwide. He expressed gratitude to Prime Minister Narendra Modi for his inspiration and guidance, acknowledging his pivotal role in steering Uttarakhand towards the passage of this bill in the state legislative assembly.

Changes Expected with the Implementation of Uniform Civil Code in Uttarakhand

• Equal Property Rights: Sons and daughters will have equal rights in inheritance. This category won’t discriminate against anyone.
• Property Rights after Death: Under the Uniform Civil Code, the deceased person’s property will be divided equally between the spouse and children. Previously, only the mother of the deceased received these rights.
• Divorce Granted Only on Equal Grounds: Divorce will only be granted when both partners have equal grounds. If only one side provides reasons, divorce won’t be granted.
• Compulsory Live-in Registration: Couples living in a live-in relationship in Uttarakhand will need to register. Failure to do so will exempt certain indigenous communities from this law.
• Child Responsibility: If a child is born out of a live-in relationship, the child will remain the responsibility of the live-in couple. Both partners will provide the child with their name, and every child in the state will be identified.

Tribal Communities in the State to be Exempted from the Law

This law will not apply to the tribal communities of the state. This means that any tribe residing in Uttarakhand will remain unaffected by this law. The state comprises five types of tribal communities, including Tharu, Boksa, Raji, Bhotiya, and Jaunsari communities. Following the 1962 war with China, they were listed under Schedule 342 of the Constitution in 1967 for inclusion of tribal communities. Recently, Assam Chief Minister Himanta Biswa Sarma also mentioned that tribal communities in their states will be exempt from this law.

Emergence of the Uniform Civil Code Issue

The issue of the Uniform Civil Code first surfaced in 1835 when the British government commissioned a report. This report discussed the need for a uniform law across the nation concerning evidence and contracts. Although it was proposed in 1840, Hindus and Muslims were exempted from its application based on personal laws derived from religious doctrines. It was from this point that the demand for a Uniform Civil Code began.

In 1941, the B.N. Rao Committee was formed to deliberate on the creation of a common civil code for Hindus.

Introduction of the Hindu Code Bill after Independence

Post-independence, the Hindu Code Bill was presented for the first time before the Constituent Assembly in 1948. Its primary objective was to emancipate Hindu women from practices such as child marriage, Sati, and the purdah system.