Uttarakhand’s Uniform Civil Code (UCC) Bill

• Article 44 Uniform civil code
• Some members of the Constituent Assembly, including Dr BR Ambedkar believed that a UCC was necessary to promote gender equality, secularism, and national integration. 
• Shah Bano case1985.

Position of states

• States like Gujarat, Madhya Pradesh and Assam have expressed their willingness to follow the UCC, none have officially adopted it.
• However, a version of the UCC is in place in Goa.

• It follows the Portuguese Civil Code of 1867, which means that people of all religions in Goa are subject to the same laws on marriage, divorce, and succession. 
• The Goa Daman and Diu Administration Act of 1962, 

Key Features of Uttarakhand Uniform Civil Code (UCC) Bill :

• Uniform Marriage Age:  of 18 years for both men and women across all religions.
• Prohibition of Polygamy and child marriage: 
•  Simplified Adoption Process: 
• Registration of Live-in Relationships: although it doesn’t grant them legal status equivalent to marriage.

• Prescribes jail term of up to six months for not producing a “certificate” of the relationship.
• Essentially, the Bill seeks to equate heterosexual live-in relationships to the status of a marriage. 

• Inheritance Rights: equal inheritance rights for sons and daughters, irrespective of their religion.
• Grounds for Divorce: Specifies uniform grounds for divorce applicable to all communities.
• Also provides for maintenance to the woman when “deserted” by her partner.
• Exclusion: Doesn’t apply to tribal communities governed by their customary laws.

Concerns Raised Regarding the Bill

• Religious Freedom: 
• Privacy concern: 
• Parochial approach: idea  been to protect women, but women may not want that protection from the state.
• Impact on Minorities:  about losing their unique cultural and legal traditions.
• Lack of Consultation: 
•  Potential for Misuse: Apprehensions exist that the bill might be misused to target specific communities.
• Unclear Definition of ‘Live-in Relationships’: 
• The Delhi High Court in the Naz Foundation ruling in 2009, which struck down Section 377 of the IPC, had said: “…The sphere of privacy allows persons to develop human relations without interference from the outside community or from the State. 

Mains Practice Question

What are the important features of newly proposed Uttarakhand Uniform civil code. How the provision of the proposed law are critical for right to privacy.

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