Context: 

Recently, the Uttarakhand (UK) government approved the rules for the implementation of the Uniform Civil Code (UCC) in the State.

More on the News

• The UK Chief Minister confirmed that the government would issue a gazette notification for the UCC legislation by the end of January 2025.
• The introduction of the UCC was one of the key promises in the 2022 Uttarakhand Assembly elections by the ruling party.
• Once rolled out, Uttarakhand will become the first state to implement the UCC. 

What is the Uniform Civil Code (UCC)

• It implies the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption.

• Article 44 of the Constitution states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

• Article 44 comes under the Directive Principles of State Policy (Part IV) whose provisions are not enforceable by the court. 

• Currently, Goa is the only state in India with provisions similar to UCC. The Goa Civil Code has its origins in the Portuguese Civil Code of 1867.

Key Features of the UK’s UCC:

• The UCC, passed by the Uttarakhand State Assembly in February 2024, covers all citizens except tribals. 
• It bans practices such as halala, iddat, and talaq, which are related to marriage and divorce in Muslim Personal Law.
• It ensures equal rights for women in property and inheritance matters.
• It mandates the registration of marriages and divorces. Couples failing to register their marriage or divorce will be denied access to government benefits.
• The registration of live-in relationships is also made mandatory, and children born out of such relationships are granted legitimacy under the UCC.

• For the implementation of UCC, the State government has created an online portal to facilitate the registration of marriages, divorces, inheritance rights, and live-in relationships.

• Citizens can access their data by tracking their application status and can register complaints via the portal, making the process more transparent and accessible.

Support in Rural and Remote Areas:

• To assist citizens in remote or rural areas with limited internet access, the Common Service Centre (CSC) has been authorized to handle registrations.
• CSC agents will visit homes in hilly and remote areas to ensure citizens can complete the necessary registrations.
• Village Panchayat Development Officers in rural areas have been designated as Sub-Registrars to help with the process locally.

Supreme Court Cases on UCC:

• Shah Bano case (1985): SC upheld the right of a Muslim woman to maintenance under Section 125 of CrPC. It expressed regret that Article 44 remained a ‘dead letter’ and called on the government to bring UCC. 
• Sarla Mudgal case (1995): SC observed that Article 44 is based on the idea of a distinction between religion and personal law, and so a UCC does not violate the religious freedom guaranteed by Articles 25, 26, and 27. 
• Shayara Bano case (2017): SC declared the practice of triple talaq unconstitutional and reignited the debate on UCC.