Uniform Civil Code in Uttarakhand

Pushkar Singh Dhami, the chief minister, plans to implement the Uniform Civil Code (UCC) within the next two months as a result of his pre-election promise. With this, Uttarakhand will introduce UCC for the first time since independence. In retrospect, the UCC has made it so that all citizens, regardless of the religion they practise, must abide by the same laws when it comes to marriage, divorce, and/or succession. In the case of Uttarakhand, the draught and its guidelines have not yet been finalised.

Contrary to what the government believes, the opposition has been vehemently opposed to the implementation of the law. For example, Congress state spokesperson Garima Dasoni stated, “If the government’s intention is so clear, then they should first explain the definition of the code,” and AAP state spokesperson Kamlesh Rama stated, “that this saffron law will only create a wall of hatred among the peace-loving people here.” Legal experts, such as advocate general Surya Narayan Babulkar, think that the Supreme Court has recognised the need for UCC in a number of decisions, including the well-known Shah Bano case, and that the state government is legally entitled to create and enforce laws.

Babhulkar explained the need for a UCC in the state by stating that there should be a single law for all citizens in the state or across the nation with regard to public and private matters like marriage, divorce, property transfers, succession, adoption, population control, public order, and eligibility to receive benefits from government programmes. The draught was created by a committee of five experts assembled by the state apparatus, including retired SC judge Ranjana Desai, retired HC judge Pramod Kohli, retired IAS Shatrughan Singh, social activist Manu Gaur, and VC of Doon University Surekha Dangwal. The draught will soon be made available to the public after receiving appropriate feedback from other reputable individuals.

Only the state of Goa had a version of the UCC before Uttarakhand, under the name of the Goa Civil Code, which has been in effect since the Portuguese era. The same law applies to marriage, divorce, and other similar contentious areas for all Goans, regardless of their religion.

By Subhechcha Ganguly