UTTARAKHAND'S UNIFORM CIVIL CODE 

2. The objective of a Uniform Civil Code (UCC) in India

• A Uniform Civil Code (UCC) aims to establish a consistent set of laws to replace the diverse personal laws associated with different religions. These laws pertain to crucial aspects like marriage, divorce, adoption, and inheritance. The constitutional basis for the UCC is found in Article 44, which directs the state to "endeavour to secure for the citizens a uniform civil code throughout the territory of India." This provision falls under the Directive Principles of State Policy, playing a significant role in governance, even though it is not legally enforceable.
• The inclusion of the UCC provision sparked intense debates during the deliberations of India's Constituent Assembly. There was a profound discussion on whether it should be considered a fundamental right or a directive principle. Opponents raised concerns that implementing a UCC might compromise the rights of religious minorities and erode India's cultural diversity. Some argued that it could conflict with the freedom of religion guaranteed under Article 19 (now Article 25) of the draft Constitution.
• While some, like Member K.M. Munshi, advocated for the UCC, emphasizing its potential to promote gender equality and eliminate discriminatory practices against women, others, like Member Naziruddin Ahmad, expressed reservations. Ahmad highlighted the need for community consent for implementing such a uniform set of laws.
• Dr. B.R. Ambedkar, taking a more ambivalent stance, expressed the desirability of a UCC but recommended that it be "purely voluntary" in its initial stages. He argued that since the provision was recommendatory and not mandatory, it should not be imposed on all citizens.
• The matter was ultimately settled with a 5:4 majority vote, led by the sub-committee on fundamental rights headed by Sardar Vallabhbhai Patel. The decision was that the establishment of a UCC should not be categorized as a fundamental right.

3. Development of Uttarakhand's Uniform Civil Code (UCC)

• In June 2022, the Uttarakhand government established an expert committee led by former Supreme Court judge Justice Ranjana Prakash Desai to explore avenues for implementing a Uniform Civil Code (UCC). This initiative to implement a UCC in the state if re-elected. Despite the Chief Minister's announcement in June of that year that a draft UCC was prepared, the committee faced delays in submitting its report. The original deadline in November 2022 was extended multiple times.
• Right from the outset, the proposal encountered opposition from rival political parties, with Congress representatives in the state claiming that the UCC initiative was merely a political strategy to influence voters in the lead-up to the general elections. The tribal community, constituting 2.9% of the population, had not given consent to the UCC. Additionally, the Van Gujjar tribe, a Muslim nomadic group with around 60,000 members, expressed concerns about the proposed law.
• The controversies surrounding community consent and political motivations added complexity to the discussions surrounding the proposed implementation of the UCC in the state.

4. Anticipated Changes in Uttarakhand's Uniform Civil Code (UCC)

• The forthcoming draft of the Uniform Civil Code (UCC) in Uttarakhand is poised to bring about significant changes, primarily focusing on gender equality within legal frameworks. Notable provisions include equal treatment of men and women, particularly in matters related to inheritance. The UCC is expected to eliminate practices associated with marriage and divorce, such as polygamy, iddat (mandatory waiting period for women after the dissolution of a Muslim marriage), and triple talaq. Furthermore, the proposed Code is likely to ensure an equal property share for Muslim women, surpassing the current 25% share stipulated by Muslim personal law.
• Despite these amendments, the minimum age for marriage is anticipated to remain unchanged, with 18 years for women and 21 years for men. The UCC is set to encompass a range of issues, including divorce, marriage registrations, adoption, and provisions for the social security of ageing parents. Additionally, the committee has recommended the mandatory registration of live-in relationships.
• In clarifying the intentions behind the UCC, the proposed changes are not geared towards appeasing any specific community but rather aim to empower all sections of society. The implementation of the UCC would not impact reservations, marital rights, customs, or any other class-specific considerations. The emphasis is on fostering equality and empowerment across diverse segments of the population.

5. Supreme Court's Stance on Uniform Civil Code (UCC) and Related Petitions

Over the years, the Supreme Court has engaged in discussions on the Uniform Civil Code (UCC) through various judgments. However, it has consistently refrained from issuing directives to the government, emphasizing that law-making falls exclusively within the domain of Parliament. In the 1985 Shah Bano Begum case, the Court expressed regret over Article 44 remaining a "dead letter" and urged its implementation. This sentiment was echoed in subsequent cases like Sarla Mudgal versus Union of India (1995) and John Vallamattom versus Union of India (2003).

Petitions for Uniformity in Laws

Between 2021 and 2022, six petitions were filed in the Supreme Court seeking uniformity in divorce, maintenance, and alimony laws, asserting that existing laws discriminated against women and thereby violated constitutional provisions under Article 14 (right to equality) and Article 15 (right against discrimination based on religion and gender). In March of the previous year, a Bench led by Chief Justice of India (CJI) D.Y. Chandrachud dismissed these petitions, emphasizing that such matters are within the exclusive legislative purview of Parliament.

Dismissal of Petition Challenging Uttarakhand's UCC Committee

In January of the same year, the Supreme Court dismissed a petition challenging the Uttarakhand government's establishment of an expert committee on the UCC. The Court highlighted that Article 162 permits the exercise of executive powers, stating, "Article 162 of the Constitution indicates that the executive power of a State extends to matters concerning which the Legislature of the State has power to make laws." The order emphasized that the constitution of such a committee, as per Entry 5 of the Concurrent List, dealing with "marriage and divorce; infants and minors; adoption; wills, intestacy, and succession," could not be challenged as ultra vires.

6. Law Commission's Perspective on the Uniform Civil Code (UCC)

• In 2016, the government sought the Law Commission of India's guidance on formulating a Uniform Civil Code (UCC) due to the diverse personal laws existing in the country. In response, the 21st Law Commission, led by former Supreme Court judge Justice Balbir Singh Chauhan, submitted a 185-page consultation paper in August 2018 titled "Reforms of family law." The paper concluded that, at that stage, the formulation of a UCC was deemed "neither necessary nor desirable." It emphasized that a unified nation did not inherently require "uniformity" and that secularism should not contradict the diverse cultural and religious practices prevailing in the country. While rejecting the immediate need for a UCC, the commission recommended amendments to eliminate discriminatory practices and stereotypes present in the existing personal laws.
• On June 14 of the following year, the 22nd Law Commission, led by Justice (Retd) Rituraj Awasthi, issued a notification seeking input from various stakeholders, including the public and religious organizations, on the UCC. Notably, Justice Awasthi, during his tenure as Chief Justice of the Karnataka High Court, had ruled in favour of the Karnataka government's order prohibiting the wearing of hijab in educational institutions.
• The Law Commission's transition from deeming a UCC as unnecessary in 2018 to actively seeking public opinion in 2022 signifies a shift in perspective. While the 2018 report emphasized the importance of maintaining cultural and religious diversity, the subsequent move to engage stakeholders suggests a willingness to reconsider and evaluate the need for a UCC, taking into account diverse viewpoints and societal changes.

7. Future Developments in the Uniform Civil Code (UCC) Landscape

• Following Uttarakhand's lead, Madhya Pradesh and Gujarat have also established committees to kickstart the formulation of a Uniform Civil Code (UCC). This push for a UCC was included in the BJP's election manifesto for the Karnataka Assembly polls, although the Congress eventually secured a significant victory in that election.
• The question of whether the central government will propose a UCC on a pan-India level remains a topic of debate. The central government will likely proceed cautiously, observing the outcomes of the initiatives undertaken by individual states. The awaited report from the 22nd Law Commission is anticipated to carry persuasive weight in shaping the discourse.
• The renewed momentum towards a UCC may also be influenced by a pending query before the Supreme Court concerning the "scope and ambit of the right to freedom of religion under Article 25 of the Constitution." This question originated in the Sabarimala case and was framed by a Constitution Bench for reference to a larger bench. Despite three years passing, there has been no substantial progress on this matter.
• The evolving landscape of UCC initiatives in various states, coupled with the legal and political considerations at the national level, indicates a complex and dynamic situation. The outcome of these state-level efforts, coupled with the pending Supreme Court query, will likely influence the trajectory of discussions on the UCC at both the state and national levels. The UCC debate continues to be shaped by legal, political, and societal dynamics, with potentially far-reaching implications for India's legal framework and cultural diversity.