On Wednesday, Uttarakhand became the first state in India to formally implement the Uniform Civil Code (UCC). The bill was passed through a voice vote after an extensive two-day debate in the Uttarakhand Assembly. This landmark decision places Uttarakhand at the forefront of the UCC discussion, making it the first state to officially adopt the policy in modern India.
While Goa is the only state to have a similar code, its UCC dates back to 1867, introduced under Portuguese rule. Uttarakhand’s decision marks the first post-independence implementation of such a measure.
Understanding the Uniform Civil Code (UCC)
The Uniform Civil Code, as outlined in Article 44 of the Directive Principles of State Policy, aims to replace personal laws rooted in religious scriptures and customs with a unified set of laws applicable to all citizens. These laws would cover areas such as marriage, divorce, inheritance, adoption, and maintenance, providing a common legal framework. According to the Code of Criminal Procedure (CrPC) website, these laws differ from public law and are meant to ensure equality and consistency for all individuals.
States Discussing UCC Implementation
Uttarakhand’s move has reignited discussions about UCC across India, with several states previously voicing their intentions to adopt the policy. Let’s take a closer look at where other states stand on the matter:
Karnataka
In its 2023 election manifesto, the Bharatiya Janata Party (BJP) emphasized UCC implementation as a priority. The party announced plans to base the UCC in Karnataka on recommendations from a high-level committee formed specifically for this purpose. However, after the election results did not favor the BJP, these plans were put on hold.
Assam
Last year, Assam’s Chief Minister Himanta Biswa Sarma announced plans to implement the UCC in the state by February 2024. Highlighting issues like Triple Talaq, Sarma stated, “No one would be allowed to have more than one wife. Uniform Civil Code should be implemented for the greater interest of our Muslim women.”
Maharashtra
In 2023, BJP MLA Atul Bhatkhalkar demanded the implementation of the UCC in Maharashtra. Prime Minister Narendra Modi also called for its adoption in the state. Following his statement, a nine-member committee led by Congress leader Bhalchandra Mungekar, a former Mumbai University vice-chancellor, was formed to study the matter.
Madhya Pradesh
In 2022, the BJP-led government in Madhya Pradesh announced the creation of a committee to explore the feasibility of implementing the UCC. The announcement was made by then-Chief Minister Shivraj Singh Chouhan.
Uttar Pradesh
Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya expressed support for the UCC in 2022, stating, “One law for all in one country is the need of the hour. It is required that we should get out of the system of one law for one person and another for others. We are in favour of a common civil code.”
After Uttarakhand’s historic move, Maurya hinted that Uttar Pradesh may follow suit. He remarked, “UCC has always been one of the major planks of BJP… We welcome the move to implement UCC in Uttarakhand… UP is not in disagreement with UCC… We will implement it at the right moment.”
Haryana
In December 2022, Haryana’s Home Minister Anil Vij stated that the state was studying the UCC for possible implementation. He emphasized, “Though every citizen is equal for a government regardless of their religion, race, region, etc., the UCC is being considered at some places. In Haryana, we are analyzing the law and considering it to be implemented soon.”
Gujarat
Ahead of the 2022 Gujarat Assembly elections, the BJP had announced its intentions to implement the UCC in the state. In 2023, the Law Commission reopened discussions on the topic, inviting inputs from various stakeholders. A senior government official told The Times of India that Gujarat’s government had already expressed its intent to implement the UCC and was expected to provide a positive response.
A National Debate on Equality and Uniformity After UCC
The implementation of the UCC has sparked widespread debate across India, with proponents arguing that it promotes equality, while critics raise concerns about its potential impact on religious freedoms. As Uttarakhand takes the lead, the coming months are expected to see intensified discussions and potential actions by other states considering similar measures.
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