Definition:

• Uniform Civil Code is a proposal in India that is aimed at replacing multiple personal laws based on religions, customs, and traditions with one common law for everyone irrespective of religion, caste, creed, sexual orientation, and gender.

In the Constitution:

• The Constitution of India in article 44 says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
• It is part of the Directive Principles of State Policy (Part IV of the Constitution), whose provisions are not enforceable by any court, but the principles laid under them are to be considered as “fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.”

In India:

• The Goa Civil Code has been in force since Portuguese times and is considered a Uniform Civil Code.
• In 1867, Portugal enacted a Portuguese civil code and in 1869 it was extended to Portugal’s overseas provinces (that included Goa).
• In independent India, Uttarakhand was the first state to have an UCC in place.

Need for a UCC:

• Equality: A UCC promotes equality by ensuring all citizens are subject to the same laws, irrespective of their religion. This helps to eliminate discrimination based on religion.
• Gender Justice: Many personal laws are seen as discriminatory against women. A UCC could provide women with equal rights in marriage, divorce, inheritance, and adoption by removing the inbuilt gender biased provisions of the personal laws.
• National Integration: A common set of laws would promote national unity by fostering a sense of belonging among all citizens.
• Simplification of Laws: It would simplify the complex legal framework by reducing the number of laws and judicial interpretations, making the legal system more accessible.
• Secularism: A UCC is in line with the secular principles enshrined in the Constitution, treating every citizen equally under the law.

Challenges in implementing UCC:

• Cultural Sensitivity: India is a diverse country with deep-rooted traditions and customs. Imposing a uniform set of laws might be seen as an infringement on cultural and religious practices.
• Opposition from Minority Communities: Minority communities might view UCC as an attempt to undermine their cultural identity and impose the majority’s cultural norms.
• Practical and Implementation difficulties: Implementing a UCC involves significant legislative changes and could lead to widespread resistance and legal challenges.
  • Few states already have common laws in place which are to be included into the National level UCC.
  • Drafting a UCC that accommodates the diverse cultural practices and traditions of all communities in India is a complex task.
• Political Sensitivity: The UCC is a politically sensitive issue, with potential to cause communal tensions. Different political parties have varying stands on this issue.

Concerns have been raised on the working of UCC in Uttarakhand by different sections. Any move on the direction of a national level UCC should be done after a detailed consultation across the society.

Key provisions of Uttarakhand UCC:

Marriage:

• Monogamy: Prohibits bigamy or polygamy; neither party should have a living spouse at the time of marriage.
• Compulsory Registration: All marriages must be registered within 60 days. Non-registration attracts a penalty of ₹10,000, while providing false information can lead to a fine of ₹25,000 and imprisonment for three months​ 

Divorce:

• Equality in Rights: Equal reasons and rights for men and women regarding divorce. Divorce cannot be granted without a court order.
• Punishable Practices: Halala, iddat, and triple talaq are punishable offences.
• Nullity of Marriage: Grounds for annulment include non-consummation, contravention of marriage conditions, force or coercion, or pregnancy by someone other than the spouse.
• Custody of Children: Custody of children under 5 years remains with the mother in case of divorce or domestic dispute.

Inheritance:

• Equal Property Rights: Sons and daughters have equal rights to property across all classes.
• Inclusion of Various Children: Illegitimate, adopted, surrogacy-born, and assisted reproductive technology children are considered biological children.
• Intestate Succession: Equal rights to property for wife, children, and parents. A specified order of preference for inheritance and disqualifications.

Live-in Relationships:

• Mandatory Registration: Live-in relationships must be registered within the state’s jurisdiction.
• Termination Procedure: Relationships can be terminated by submitting a statement to the Registrar.
• Penalties: For failure to register or providing false information.
• Maintenance Claims: Women deserted by live-in partners can claim maintenance.
• Legitimacy of Children: Children born out of live-in relationships are considered legitimate.
• Prohibitions on Registration: Relationships involving prohibited degrees, married individuals, minors, or obtained by coercion or fraud cannot be registered.

Other Provisions:

• Tribals Excluded: The UCC excludes Scheduled Tribes whose customary rights are protected under the Constitution​.
• Religious Customs and Beliefs: The Bill maintains that it does not tamper with the traditions and customs of any religion, caste, or sect.
• Protection of Children:  This UCC abolishes the concept of illegitimate children, providing legal recognition to children born in void or voidable marriages and live-in relationships​.