The implementation of the Uniform Civil Code (UCC) in Uttarakhand stands as a monumental milestone, positioning the state as the first in India to introduce a unified framework regulating personal laws across all religions. The enactment of the UCC on January 27 aims to bring uniformity to laws governing marriage, divorce, inheritance, live-in relationships, and related matters. By ensuring legal equality regardless of religious affiliation, the UCC addresses longstanding calls for a progressive and inclusive legal system while sparking debates on its broader implications.
This transformative legislation introduces several key changes. The UCC establishes a uniform marriageable age of 21 for men and 18 for women, standardizing this critical aspect across all communities. It explicitly prohibits practices such as polygamy and 'halala'—a contentious Islamic practice that requires a divorced woman to marry and divorce another man before remarrying her first husband. The law mandates the registration of all marriages, divorces, and live-in relationships within designated timeframes to ensure legal recognition and streamline procedures. While religious customs can still dictate ceremonial rituals, the mandatory legal registration of marriages within 60 days reinforces the government’s commitment to transparency and accountability.
The UCC extends its framework to testamentary succession, simplifying the creation, modification, and cancellation of wills and related documents, such as codicils. Special provisions have been introduced for armed forces personnel, allowing for ‘privileged wills’ with flexible rules for soldiers, air force personnel, or mariners engaged in expeditions, warfare, or missions at sea. In cases of divorce, the code ensures complete gender parity by establishing identical grounds for both husbands and wives to seek dissolution of marriage, marking a significant departure from traditional practices that often favored one gender.
Chief Minister Pushkar Singh Dhami, who had pledged to implement the UCC during the 2022 Uttarakhand Assembly elections, described this achievement as a progressive step that aligns with India’s aspirations for a modern and harmonious society. Following his re-election, Dhami formed a five-member committee led by Justice Ranjana Prakash Desai to draft the code. This committee conducted an extensive public consultation process, gathering feedback from over 2.3 lakh citizens. The resulting 740-page draft was approved by the state cabinet on February 4, 2024, passed by the Uttarakhand Assembly on February 7, and subsequently received the final nod from Governor Lt Gen Gurmit Singh (Retd) and President Droupadi Murmu by March 11.
The UCC Act applies universally to all residents of Uttarakhand, including those living outside the state, while providing exemptions for Scheduled Tribes and certain protected communities. To facilitate compliance and accessibility, the government launched an online portal on January 27, coinciding with Prime Minister Narendra Modi’s visit to Dehradun. The portal, operational from next week, allows residents to register marriages, divorces, succession rights, and live-in relationships entirely online. Citizens can complete the process from home using a mobile phone and will receive status updates via SMS or email, ensuring efficiency and transparency.
During the launch, Dhami expressed gratitude to Prime Minister Modi, describing the UCC as Uttarakhand’s contribution to India’s larger vision of becoming a “developed, organized, harmonious, and self-reliant” nation. He further emphasized that the implementation of the UCC is not merely a legislative achievement but a transformative step toward social equality and legal uniformity. "This is just an offering made by our state in the great 'yagya' being performed by the Prime Minister to make India a truly modern and progressive country," he said.
While the UCC has garnered widespread support for promoting gender equality, legal consistency, and progressive reform, it has also faced criticism from various quarters. Opponents argue that a one-size-fits-all approach may undermine the cultural and religious diversity that forms the fabric of Indian society. Concerns have been raised about potential societal divisions and challenges in balancing uniformity with the preservation of traditions. Despite these reservations, proponents of the UCC believe it will foster greater social harmony by eliminating discriminatory practices and empowering individuals with equal rights under the law.
The law’s provisions also include mandatory registration of live-in relationships, which have often existed in legal ambiguity. It ensures that couples in such arrangements can formalize their relationships and seek legal remedies in case of disputes or termination. Marriages solemnized before March 26, 2010, or those performed outside Uttarakhand can also be registered under the Act within 180 days of its implementation, though this step is optional.
The successful implementation of the UCC in Uttarakhand is expected to serve as a benchmark for other states contemplating similar reforms. By taking this pioneering step, Uttarakhand has ignited a nationwide conversation about the feasibility and desirability of uniform personal laws in a country as diverse as India. While the road ahead may involve addressing various challenges and criticisms, the UCC represents a bold attempt to modernize India’s legal framework and advance the principles of equality, justice, and inclusivity.
