Uttarakhand has now become the first State in independent India to have a Uniform Civil Code (UCC) Act after President Droupadi Murmu approved the State’s UCC Bill, 2024.
Goa already has a UCC but it dates back to the 1870s when the State was under Portuguese rule and not a part of the Indian Union.
Key facts
- The State Assembly, on February 07, 2024, has passed the Bill which ensures that women are given equal rights in matters related to property and inheritance rights.
- The five-member expert committee, headed by Retd. Justice Ranjana Prakash Desai, had submitted its draft to the Uttarakhand State on February 2, which was subsequently passed by the State Cabinet on February 4.
- Under Article 201 of the ‘Constitution of India’, the President gave assent to the ‘Uniform Civil Code Uttarakhand 2024’ Bill passed by the Uttarakhand Legislative Assembly, on March 11 2024.
- Article 201 of the Constitution specifically states that “When a Bill is reserved by a Governor for the consideration of President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom”.
- The Bill, which has kept tribals out of its ambit, has a complete ban on practices like halala, iddat, and talaq (customs related to marriage and divorce in Muslim Personal Law).
- If a person is found committing halala, there is a provision of three years’ imprisonment or a fine of Rs. 1 lakh or both under UCC.
- The Bill also allows marriages to be solemnised only between a man and a woman. The age of marriage has been set at 21 years for boys and 18 years for girls.
- The UCC Bill also made it mandatory to register marriage and divorce, failing which the couple concerned will be deprived of the benefits of all government facilities.
Uniform Civil Code
- The provision for Uniform Civil Code is a part of the Directive Principles of State Policy (Part IV of the Constitution), which although not enforceable, play a pivotal role in the country’s governance.
- Several judicial precedents such as the Supreme Court’s judgment in Minerva Mills v. Union of India (1980), have ruled that striking a balance between fundamental rights and Directive Principles of State Policy was part of the basic structure of the Constitution.
- In 2019, in its Jose Paulo Coutinho v. Maria Luiza Valentina Pereira judgment, the Court hailed Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and accordingly urged for its pan-India implementation.
