The introduction of the Uniform Civil Code (UCC) in Uttarakhand, set to take effect on January 27, represents a major policy shift in India's legal landscape. The UCC seeks to replace personal laws based on religious practices with a single set of laws governing areas such as marriage, divorce, inheritance, adoption, and property rights. The implementation of this law in Uttarakhand, however, has ignited a political firestorm, drawing sharp criticisms from a variety of opposition parties and leaders, especially the Congress, Samajwadi Party (SP), Janata Dal (United) (JD(U)), and All India Majlis-e-Ittehadul Muslimeen (AIMIM).
Uttarakhand's Chief Minister, Pushkar Singh Dhami, in his remarks, hailed the state as the first in India to adopt the UCC, a move he said would eliminate gender, caste, and religious discrimination in personal laws. According to Dhami, this law aligns with the constitutional directive under Article 44, which calls for the implementation of a UCC throughout India. The UCC in Uttarakhand is not only seen as a key policy decision by the state government but also as a test case for the national rollout of the law, which has been a long-standing agenda for the ruling Bharatiya Janata Party (BJP) and Prime Minister Narendra Modi's administration.
The BJP-led government has long pushed for the introduction of a UCC, claiming that it would provide equality and justice by ensuring that all citizens are governed by the same set of laws, regardless of their religious affiliation. However, the move has sparked significant controversy, especially from those who believe it infringes on the diversity and pluralism of India's legal and social structures. The opposition has been vocal about their objections, with several leaders accusing the government of attempting to impose a one-size-fits-all approach to personal laws in a country that is rich in cultural, religious, and social diversity.
The Congress party has been particularly outspoken in its criticism of the UCC's implementation in Uttarakhand. Spokesperson Abhishek Singhvi labeled the initiative as a mere "pilot project" designed to generate publicity rather than address substantive issues. Other Congress leaders, such as Ghulam Ahmad Mir, have suggested that the law’s implementation in Uttarakhand is merely an attempt to keep the conversation about the UCC alive while avoiding the kind of nationwide consensus required for its successful introduction. According to Mir, Uttarakhand, being a state with a relatively small Muslim population, would not face significant opposition, making it a strategic location for testing the law. Additionally, Congress leaders have questioned the practical implications of the UCC and its potential consequences on citizens who do not fall within the framework of traditional religious laws.
Prominent Congress leader Salman Khurshid expressed skepticism about the law's implementation, asking whether it would apply to all residents of Uttarakhand, including those who live outside the state. Khurshid raised questions regarding the law's specific details and whether its application could create confusion or legal conflicts. He also suggested that Congress would closely monitor the situation and might challenge the law in court if it felt that it overstepped constitutional boundaries or violated fundamental rights.
Despite this critical stance, there are some within Congress who have shown support for the law. Uttarakhand Congress leader Ganesh Godiyal, while acknowledging the criticisms, welcomed the implementation of the UCC but pointed out that the state government had other more pressing issues to address, such as unemployment and economic development. Godiyal suggested that the focus on the UCC could be an attempt to divert attention from these concerns.
The opposition to the UCC is not limited to Congress. AIMIM leader Asaduddin Owaisi has also been a vocal critic, questioning the law’s fairness and its ability to provide true "uniformity." Owaisi and other AIMIM leaders argue that the UCC's application is inconsistent, particularly since it allows exceptions for the Hindu Succession Act and the Hindu Marriage Act. Owaisi pointed out that certain tribal communities would be exempt from the UCC's provisions, and questioned how a law that selectively applies to different communities can be considered "uniform." He further accused the government of using the UCC to target Muslim communities, particularly through the regulation of marriage and divorce practices, while leaving other groups untouched.
The Samajwadi Party (SP), led by Akhilesh Yadav, has similarly criticized the UCC, calling it unconstitutional and suggesting that it undermines the country’s diversity. SP leader Mohibbullah Nadvi expressed concerns about the UCC being used as a tool for creating a "majoritarian police state," arguing that the law could have negative consequences for backward classes, Scheduled Castes (SC), Scheduled Tribes (ST), and Dalits. Nadvi also accused the government of undermining the rights of these marginalized communities, in an attempt to push for a majoritarian agenda.
JD(U) spokesperson Neeraj Kumar emphasized the importance of diversity in India, referencing Dr. B.R. Ambedkar's belief in the country's pluralism and cautioning against efforts to impose a one-size-fits-all legal framework. Kumar expressed concerns that the UCC may violate the trust of India's diverse communities and fail to gain their support. He urged the government to build consensus and carefully consider the perspectives of all stakeholders before moving forward with the law.
The road to the UCC’s implementation in Uttarakhand has been marked by several legislative steps. After Chief Minister Dhami's re-election, a five-member committee headed by Justice Ranjana Prakash Desai was formed to draft the UCC. The committee received over 2.3 lakh suggestions and feedback, which were incorporated into the final 740-page draft of the law. The draft was presented to the government in February 2024, approved by the state cabinet, and passed in the assembly in early February. The governor’s approval followed shortly after, with the final bill signed by President Droupadi Murmu in March 2024.
As the UCC is officially implemented on January 27, it will be launched in the presence of Prime Minister Modi, who is scheduled to visit Dehradun. The ceremonial launch will take place at 12:30 pm from the state secretariat, symbolizing the state’s commitment to implementing this landmark legal reform. Despite the criticisms, the law’s implementation is poised to make Uttarakhand the first state in India to formally adopt the UCC, setting the stage for future discussions about its nationwide application. However, its success will depend on how it is implemented, the broader public reaction, and the political and legal challenges it faces in the future.