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Posted 07 Feb 2024

Updated 16 Mar 2024

2 min read

  • Once it becomes an act, Uttarakhand will become the first state in the country after independence to adopt UCC.
    • After its liberation in 1961, Goa retained the Portuguese Civil Code, making it only state to have a UCC for all religions.

 

  • About Uttarakhand’s UCC Bill
    • Constitutional Mandate: Article 44 says that State shall endeavour to secure for citizens a uniform civil code throughout territory of India.
    • Objective: Bill proposes a common law on marriage, divorce, land, property and inheritance for all citizens irrespective of their religion in Uttarakhand
    • Key Features:
      • Provisions of UCC Bill do not apply to tribal communities.
      • Bill aims to regulate live-in relationships.
      • Bill prohibits bigamy or marriages with more than one person etc.

 

  • Need for UCC
    • Ensuring Equality: Presently different communities are governed by different Personal laws.
    • Gender Justice: It will promote gender justice by removing the inbuilt discriminatory provisions of personal laws.
    • National Integration: UCC will separate religion from social relations and personal laws, ensuring equality and thus harmony in the society.
      • Also held by Supreme Court in Mohd. Ahmed Khan v Shah Bano Begum (1985) case.

 

Challenges in the Adoption of UCC

  • Plurality and diversity: Huge diversified customary practices make it difficult to evolve consensus on UCC.
    • In 2018, Law Commission of India opined that UCC is “neither necessary nor desirable at this stage” in the country.
  • Concerns of Minorities: Fear of loss of identity and marginalization.
  • Existence of legal pluralism in civil laws.
  • Indian Secularism: Which is based on diversity of religion and people.
  • Tags :
  • UCC
  • Article 44
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