On February 7, 2024, the Uttarakhand Assembly passed the landmark Uniform Civil Code (UCC) Bill, aiming to standardise laws on marriage, divorce, succession, and more for its residents, regardless of their religious background. This significant move seeks to replace the varied personal laws currently governing different religious communities with a single, unified legal framework once it gains approval from the Governor.
What This Means
Under the proposed legislation, the right to succession will be determined purely by being a legal heir as defined by UCC, eliminating distinctions based on gender or religion. This includes a pivotal shift from the traditional concept of coparcenary property, recognised under the Hindu Succession Act, and gender-based disqualifications in Muslim personal law, ensuring an equitable distribution of assets. That being said, a Will overrides a legal heir as defined by UCC.
The bill also introduces progressive changes in marriage and divorce laws, including the prohibition of polygamy, mandatory marriage registration, and the provision for divorce by mutual consent after one year of marriage.
Who It Affects
The law will affect every religion, with the exception of tribals and scheduled castes. Existing personal religious laws will technically cease to apply to the residents of Uttarakhand.
For example, for Hindus, it means no distinction between ancestral and self-acquired property; and for Muslims, it means no distinction in heirs based on gender. There is also no provision to marry more than once or marry relatives, which is allowed in many communities.
The Bottom Line
Despite all this, the bill's alignment with the Constitution remains to be scrutinised, as it navigates the delicate balance between uniform civil law and the fundamental right to religious freedom under Articles 44 and 25, respectively.
It remains to be seen which form it takes once it’s challenged by any individual under Article 25 of the Constitution of India.
As of now, though, the UCC Bill's journey from legislation to law promises to redefine the legal landscape of Uttarakhand, setting a precedent for the rest of the country.
