Uttarakhand Assembly Takes Historic Step: Introduces Legislation on Uniform Civil Code

Uttarakhand Assembly Takes Historic Step: Introduces Legislation on Uniform Civil Code

Today, the Uttarakhand Assembly is set to present legislation regarding the implementation of the Uniform Civil Code (UCC) in the state. Leading this initiative is Chief Minister Pushkar Singh Dhami, who emphasized on Monday that the envisioned UCC aims not only to benefit all segments of society but also to align with Prime Minister Narendra Modi's overarching vision of 'Sab ka Saath, Sab ka Vikas' and 'Ek Bharat, Sreshtha Bharat.'

Under the guidance of retired Supreme Court judge Ranjana Prakash Desai, a government-appointed panel has compiled a comprehensive report drafted in four volumes with 749 pages. This extensive document incorporates numerous recommendations. To ensure inclusivity, the panel actively sought public input, gathering 2.33 lakh pieces of written feedback through online channels. Additionally, the panel conducted over 70 public forums, engaging with approximately 60,000 individuals during these sessions. These efforts were instrumental in shaping and refining the drafted recommendations.

The proposed Uniform Civil Code (UCC) encompasses various measures, including a comprehensive prohibition on polygamy and child marriage, the establishment of a consistent marriageable age for girls across different faiths, and the implementation of a uniform divorce process. These recommendations, designed to promote gender equality and enhance social cohesion, are slated for discussion during a dedicated four-day assembly session. The special session commenced yesterday and is scheduled to run until Thursday.

The draft of the Uniform Civil Code (UCC) addresses diverse aspects of civil life, encompassing recommendations on inheritance rights, compulsory marriage registration, and an elevated marriageable age for girls. This provision is aimed at enabling young women to prioritize education before marriage. Notably, couples neglecting to register their marriages will be disqualified from accessing government facilities, signaling a concerted effort to promote the importance of legal documentation.

The proposed UCC for Uttarakhand goes beyond religious boundaries, granting adoption rights to everyone, including Muslim women. It seeks to ban practices such as halala and iddat (Islamic practices a woman must go through after a divorce or the death of the husband), promote the declaration of live-in relationships, and simplify adoption procedures. 

The concept of iddat has become a focal point in recent Pakistani politics, particularly concerning Bushra Khan, the wife of the incarcerated former prime minister, Imran Khan. She faces accusations of not fulfilling the mandatory waiting period after divorcing her previous husband before marrying Imran Khan in 2018.

Upon the implementation of the proposed Uniform Civil Code (UCC), it will be mandatory to register live-in relationships under the law. Legal experts assert that this registration requirement would be advantageous for both men and women involved in such relationships.

The UCC draft does not incorporate population control measures, and it specifically excludes the Scheduled Tribes, comprising 3 percent of Uttarakhand's population.

Additional noteworthy features of the proposed Uniform Civil Code (UCC) include the provision of equal property rights for both sons and daughters. The draft seeks to eliminate distinctions between legitimate and illegitimate children, promoting equal treatment for adopted and biologically born children. In the unfortunate event of an individual's demise, the UCC proposes equal property rights for the spouse, children, and parents. This marks a departure from previous laws that imposed limitations on such rights.

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