#Uttarakhand UCC Bill

[uttarakhandwalanegi]

उत्तराखंड के UCC बिल में क्या है | Uttarakhand UCC Bill | #uttarakhand ...

[bypatia]

The bjp government introduced the ucc bill in Uttarakhand which has made it mandatory for live in couples to register with the government and a copy of the registration will be sent to respective families. It also added the father as a first class legal heir for inheritance of property, encroaching upon the the right of the mother, wife, daughter (the actual victims of patriarchy, who most likely did not have any social right to gain access to financial independence or inheritance from other family members) to accommodate the father, who more than likely than not already has financial freedom and ownership rights over land property. Moving on, they removed the Muslim personal law, which guaranteed the rights of the daughter in a fixed inheritance percentage. Not to mention the whole act is modelled after hindu personal laws and demanding other religions to bend according to it is inherently regressive no matter how progressive the law on paper looks to be. So should I just bang my head against the wall right now and be done with it or watch as the bjp government slowly sets fire to all our lives?

[mariacallous]

Last week, the Indian state of Uttarakhand passed a bill to adopt a controversial Uniform Civil Code (UCC), which will bring an end to religious or personal laws governing marriage, divorce, adoption, and inheritance, among other issues. The change will bring all communities together under a common law to regulate those practices. The new legislation has already faced pushback from Muslim leaders and other members of India’s political class.

Indian Prime Minister Narendra Modi and the ruling Bharatiya Janata Party (BJP) hope that Uttarakhand will serve as a model for the introduction of a UCC across India, or at least across BJP-ruled states. Some of these states, including Assam and Modi’s home state of Gujarat, are already considering their own UCC bills and are keen to use the Uttarakhand code as a template, although they may tweak the legislation to address local needs. Despite its seeming impartiality, the UCC pushed by the BJP would be a threat to India’s religious pluralism.

The idea of a UCC has long caused consternation among India’s religious minorities, especially Muslims. Muslim politicians and religious leaders have suggested a UCC would amount to unwarranted interference in their community’s norms, especially when it comes to specific legal protections related to marriage, divorce, and inheritance. The Uttarakhand code even regulates live-in relationships—a clear nod to conservative Hindus, many of whom frown on such arrangements.

These critics’ misgivings are not without merit. The BJP has long pursued three contentious goals that impinge disproportionately on the interests of the Muslim community: the abolition of Article 370 of the Indian Constitution, which granted special autonomous status to the Muslim-majority state of Jammu and Kashmir; the construction of a Hindu temple in the city of Ayodhya on the site of a mosque demolished by a Hindu mob in 1992; and the adoption of a nationwide UCC. It achieved the first goal in 2019, and the Ram Mandir in Ayodhya is not yet complete but was consecrated last month.

However, the idea of a UCC goes back decades to India’s foundations as an independent state. The subject was extensively debated by the constituent assembly that helped forge India’s constitution in 1949, but it was not resolved. Owing to the sensitivities of religious communities, most notably Muslims, no government was willing to tackle the politically fraught question. So why is it the unabashedly pro-Hindu BJP government—and not one controlled by the Indian National Congress party, which is committed to secularism—that has taken up the issue of the UCC? The answer requires a bit of historical exegesis.

The prevalence of separate personal laws for different religious communities in India can be traced to a colonial-era regulation. Warren Hastings, then the governor of Bengal and later the first British governor-general of India, directed in 1772 that “in all suits regarding inheritance, marriage, caste and other religious usages and institutions, the laws of the Koran with respect to the Mahomedans and those of the Shaster with respect to Gentoos [Hindus] shall be invariably adhered to.” In 1937, the British Raj enacted the Muslim Personal Law (Shariat) Application Act, which codified Islamic law for marriage, divorce, succession, inheritance, and other family affairs.

Those who drafted the Indian Constitution debated the necessity of a UCC, with most Muslim members against it. One of the principal architects of the constitution, B.R. Ambedkar, argued that if India could have a common criminal code, it could also have common personal laws, and suggested that a uniform civil code initially be voluntary. The framers instead settled for Article 44, a set of non-justiciable directives that range from prohibiting cow slaughter to curbing liquor consumption. It also called on the Indian state to endeavor toward a UCC for its citizens.

During Indian Prime Minister Jawaharlal Nehru’s first term (1952-1957), the Congress party succeeded in codifying Hindu personal law through four pieces of legislation in the face of opposition. Conservative forces decried the move to meddle with Hindu personal laws, while reformists wondered why the changes were restricted to Hindus alone. But when asked about a uniform civil code, Nehru said that the time was not ripe for it.

The matter largely remained unaddressed until 1978, when Shah Bano—a recently divorced Muslim woman—sued her former husband in a lower court in central India for not providing alimony in accordance with the Indian penal code. The local court awarded Bano monthly basic maintenance, which was later increased by a high court. Bano’s husband, Mohammed Ahmad Khan, later challenged the matter before the Indian Supreme Court. Khan contended that he was not obliged to support his former wife under Muslim personal law because he had paid a dowry and three months’ maintenance.

In 1985, the Supreme Court not only rejected Khan’s appeal, but also came out in support of a nationwide UCC. At the time, Chief Justice of India Y.V. Chandrachud—the father of the current chief justice—asked why Article 44 remained a “dead letter,” noting that the Indian state lacked the “political courage” to enact a UCC. The judgment created a firestorm, especially among the Muslim community.

The Congress government led by then-Prime Minister Rajiv Gandhi responded by passing the Muslim Women (Protection of Rights on Divorce) Act in 1986, which said that maintenance had to be paid only for the waiting period for a widowed or divorced woman, usually three months—effectively nullifying the Supreme Court ruling. The new law doused the controversy for the moment, but it also opened up the Congress government to charges of so-called minority appeasement. Today, the BJP tends to characterize the Congress party and others as placating Muslims and other religious minorities in the name of secularism.

Since the Shah Bano case, several court rulings have whittled away at Muslim personal law—but none more so than the 2017 Supreme Court ruling that determined the practice of instant triple talaq to be unconstitutional. The ruling came in response to women’s petitions challenging the practice, in which Muslim men can divorce their wives by uttering “talaq” (divorce) three times in quick succession. Indians across the political spectrum welcomed the judgment for advancing women’s rights, but some observers saw it as another step toward a UCC. The BJP government followed up with the Muslim Women (Protection of Rights on Marriage) Act in 2019, which made triple talaq a punishable offense.

The UCC indeed has the potential to bolster women’s rights in India by doing away with the anachronistic traditions of some religious groups. But improving the lot of Indian women does not appear to be what drives the BJP. Instead, the party’s pursuit of a UCC appears to be an attempt to stigmatize a particular faith under the guise of enhancing the status of women. (After all, if the BJP were truly concerned about women’s autonomy, it would not have sought to ban the dubious concept of love jihad, which suggests that Muslim men insidiously entice Hindu women into marrying them under questionable circumstances.)

Uttarakhand’s adoption of a UCC is a step toward fulfilling one of the BJP’s key election promises and a staple of its manifestos for the last three decades. Goa is the only other state that currently has a UCC, but its common law dates to the 19th century, when the state was under Portuguese rule. Despite efforts in other BJP-ruled states, a nationwide UCC may be some time away. Still, both Modi and Indian Home Minister Amit Shah have spoken about the idea, with Shah saying recently that the BJP “remains steadfast in bringing in UCC.”

India’s current political climate is far more amenable to the idea of a UCC than in the past. Modi and the BJP are very popular, and unlike the Congress party, they do not rely on Muslim voters to win elections. However, the situation is complicated by the fact that other religious minority groups such as Sikhs, as well as indigenous communities and the Dalit community, feel the potential of a UCC to infringe on religious and cultural rights. (The Uttarakhand code exempts the indigenous peoples of the state, who make up 3 percent of the state population but are present in greater numbers elsewhere.)

The BJP has succeeded in achieving its long-held goals in Indian-administered Kashmir and in Ayodhya. India’s national election is swiftly approaching, and the Modi government has a seemingly inexorable commitment to its Hindu nationalist agenda. If it returns to power this spring with a clear-cut parliamentary majority, the implementation of a nationwide UCC will likely figure prominently in its political priorities, pushing back against what remains of India’s commitment to religious pluralism.

[bhaskarlive]

Implement UCC as early as possible, says Rajasthan BJP MLA

Rajasthan BJP MLA Balmukund Acharya has said that the Uniform Civil Code (UCC) should be taken up and implemented as early as possible.

Even though various BJP leaders and state Ministers have been talking about the UCC, the Rajasthan government has yet to take up the issue. Some time ago, state Minister Kanhaiya Lal Choudhary said that the state government was planning to introduce the UCC Bill in the Assembly much like Uttarakhand. However, no step has been taken by the Bhajanlal government so far.

Source: bhaskarlive.in

[mnmlawpartners]

Uttarakhand’s Uniform Civil Code: A Legal Analysis

In a historic move, Uttarakhand has appeared as the first state in independent India to pass the Uniform Civil Code (UCC) Bill. This Uttarakhand legislation proposal aims to establish common regulations concerning marriage, divorce, property inheritance, and live-in relationships for all citizens, irrespective of their religious affiliations. The passing of this bill on February 7 by the Uttarakhand State Assembly marks a significant step towards legal reform in the state, aligning with the Constitutional directive of Article 44.

Introduction of the Uniform Civil Code (UCC) Bill in Uttarakhand

The Uttarakhand Assembly, which is the first legislature in independent India to enact a bill proposing common guidelines for marriage, divorce, property inheritance, and live-in relations for all residents, regardless of religion, did so on February 7. This was the Uniform Civil Code (UCC) Bill.

This results from the Constitution's Article 44, "Directive Principles of State Policy," which requires the State to make an effort to enact such a uniform law even though it is not binding. The President will now get the bill, and if the president signs it into law, it will become a law. Except for the tribal group, which makes up 2.9% of the state's population, it applies to every Uttarakhand resident. The community has well received a UCC.

Objective and Scope of the Uniform Civil Code

The objective and scope of Uttarakhand’s Uniform Civil Code are multifaceted:

Uniformity: The primary aim is to make certain uniformity in legal provisions governing personal matters regardless of an individual's religious background.

Secularism: By implementing a UCC, the state upholds the principle of secularism, divorcing legal matters from religious influence.

Gender Equality: Uttarakhand’s UCC aims to promote gender equality by abolishing discriminatory practices prevalent in personal laws.

Social Justice: Principles of social justice are endeavored to be upheld by the code, ensuring equitable treatment for all citizens under the law.

Legal Simplicity and Clarity: Implementing a single legal framework facilitates legislative processes also promotes clarity in matters related to marriage, divorce, and inheritance.

National Integration: A UCC fosters national integration by transcending religious divides and fostering a sense of common identity among citizens.

Progressive Reform: A progressive reform is represented by the UCC, aimed at aligning legal practices with modern societal values and norms.

Constitutional Basis of Uttarakhand’s Uniform Civil Code

The legislative proposal in Uttarakhand’s Uniform Civil Code finds its constitutional basis in:

Article 44 of the Directive Principles of State Policy, which guides the state to secure for its citizens a uniform civil code throughout the territory of India.

Article 37, which stipulates that directive principles are fundamental to governance but not enforceable by any court.

The commitment to uphold secularism and equality before the law, as enshrined in various articles of the Constitution.

Historical Context and Adoption of Article 44

Uttarakhand’s Uniform Civil Code historical context:

The debate for a uniform civil code traces back to the colonial era in India.

Pre-Independence efforts, such as the Lex Loci Report of 1840 and the Queen’s 1859 Proclamation, laid the groundwork for legal uniformity while maintaining separate personal laws for different religious communities.

Post-Independence, leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a UCC, leading to its inclusion in the Directive Principles of State Policy.

Debate Surrounding the Uttarakhand’s Uniform Civil Code

The introduction of the Uttarakhand’s Uniform Civil Code has sparked a spirited debate, with various stakeholders expressing different views:

Opposition: Certain segments, including tribal communities, have voiced opposition to the UCC, citing concerns over preserving their cultural and religious independence.

Support: Proponents argue in favor of the UCC, citing benefits such as gender equality, legal clarity, and national integration.

Opposition to the Uttarakhand’s Uniform Civil Code

Despite its potential benefits, the Uttarakhand’s Uniform Civil Code faces significant opposition from certain quarters:

Tribal Communities: The tribal community, constituting a minority in Uttarakhand, has expressed reservations about the UCC, fearing infringement upon their Cultural diversity and religious laws rights.

Religious Conservatives: Conservative religious groups view the UCC as a threat to their traditional practices and oppose its implementation on religious grounds.

Support for the Uttarakhand’s Uniform Civil Code

Supporters of the Uttarakhand’s Uniform Civil Code highlight its numerous advantages and argue for its implementation:

Gender Equality Advocates: Advocates for gender equality view the UCC as a progressive step towards abolishing discriminatory practices prevalent in personal laws.

Legal Reformists: The need for a coherent legal framework governing personal matters is emphasized by legal reformists, with the UCC advocated as a means to achieve legal uniformity and simplicity.

Secularists: Secularists advocate for the separation of religion from matters of law, asserting that a UCC promotes secular principles and fosters Social cohesion.

Implications and Expected Adoption in Other States

The passage of Uttarakhand’s Uniform Civil Code carries significant implications for Legal system reform in other states:

Legal Precedent: A legal precedent is set by Uttarakhand’s Legislative enactment of the UCC, paving the way for similar legislative measures to be considered by other states.

National Discourse: A national discourse is sparked by the adoption of the UCC in Uttarakhand on the need for legal uniformity and secularism in matters of personal law.

Potential Adoption: Other states may follow Uttarakhand’s lead in enacting the UCC, driven by the principles of social justice, gender equality, and national integration.

To Know more about Uttarakhand’s Uniform Civil Code and Civil Law Related Queries, Contact M & M Law Partners.

​For individuals seeking further information on Uttarakhand’s Uniform Civil Code or facing legal inquiries related to civil law, M & M Law Partners offers comprehensive Legislative agenda assistance and guidance. At M&M Law Partners, we have the best civil lawyers in Delhi who are experts in civil law.

FAQ

What Do You Mean by the Uniform Civil Code?

A single set of laws governing personal matters such as marriage, divorce, inheritance, and adoption is referred to as the Uniform Civil Code, which applies to all citizens irrespective of their religious affiliations.

Why Ucc Cannot Be Implemented in India?

The implementation of the UCC is seen as conflicting with Fundamental Rights guaranteed by the Constitution, such as Article 25 (freedom of religion) and Article 29 (legal rights to cultural preservation), raising concerns about its feasibility in India.

Who Launched Uniform Civil Code?

The Uniform Civil Code was launched in Uttarakhand by the state legislature, marking a significant legislative reform aimed at promoting legal uniformity and secularism.

Will Ucc Remove Reservation?

The implementation of a Uniform Civil Code is unrelated to the reservation system in India, which is governed by separate laws and policies.

Is UCC Good or Bad?

The perception of the Uniform Civil Code varies among different stakeholders. Gender equality, legal clarity, and national integration are argued to be promoted by proponents, while concerns about Cultural sensitivity, autonomy and religious diversity freedoms are raised by opponents.

[jayprakashraj]

Uniform Civil Code: Dhami Government Brought UCC Before Elections, Know What Changes Will Happen | Raj Express

The BJP-led government in Uttarakhand, under Chief Minister Pushkar Singh Dhami, will introduce the Citizen's Rights Bill in a special Legislative Assembly session on January 6, 2024. The draft was recently given to CM Dhami by a USC committee. Let's address the implications of implementing USC in the state and its impact on the public.

[scriblingscapes]

From requiring compulsory registration with the state while starting or ending a live-in relationship for heterosexual couples — a record of which will be kept in a police station; providing for maintenance to the woman when “deserted” by her partner; to prescribing jail term of up to six months for not producing a “certificate” of the relationship — the Uniform Civil Code (UCC) Bill introduced in the Uttarakhand Assembly Tuesday enters uncharted territory, imposes stringent terms on a consensual relationship between adults and raises constitutional concerns of privacy and personal liberty.

The Bill requires the partners to notify the “Registrar” within a month of entering into a live-in relationship and while terminating a live-in relationship. It prescribes a jail term of upto three months for not registering a live-in relationship. In case of failing to produce a certificate of live-in relationship, a term of six months is prescribed on conviction.

Section 378 of the Code requires submission of a statement by partners to a live-in relationship. “It shall be obligatory for partners to live-in relationship within the state, whether they are resident(s) of Uttarakhand or not, to submit a statement of live-in relationship under sub-section 1 of section 381 to the Registrar within whose jurisdiction they are living,” it states.“Any resident(s) of Uttarakhand staying in a live-in relationship outside the territory of the state, may submit a statement of live-in relationship under sub section 1 of section 381 to the Registrar within whose jurisdiction such resident ordinarily resides,” it adds.The Bill also explicitly recognises that a child born in a live-relationship is a legitimate child. This has been the legal position but is now codified as law.The Registrar, similar to powers granted to the magistrate in the anti-conversion legislation, is empowered to conduct a “summary inquiry”, summoning the live-in partners or “any other persons” for verification.

JUDGMENTS : In Supriyo VS. UOI

The right to marry is a statutory right, not a constitutional right. Therefore, only Parliament can recognize the marriage between non-heterosexual couples. Transgender individuals in heterosexual relationships can marry under existing marriage laws, including all personal (religious) laws.

Live-in relationships are currently accounted for only under the Domestic Violence Act, 2005 as “domestic relationships”

The Delhi High Court in the Naz Foundation ruling in 2009, which for the first time 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. The exercise of autonomy enables an individual to attain fulfilment, grow in self-esteem, build relationships of his or her choice and fulfil all legitimate goals that he or she may set. In the Indian Constitution, the right to live with dignity and the right of privacy both are recognised as dimensions of Article 21…”

A balance between protection of fundamental rights and law must be carved out. It should be a code, without any bias and must take into account the judgements of the SC/HC while making laws that lies in the domain of personal freedom,liberty and privacy.

[news-locus]

Republic TV Live: PM Modi Predicts 370+ Seats For BJP In 2024 Polls | UCC Bill In Uttarakhand Today

[ranatechno]

https://uttarakhandprimetime.com/ucc-bill-in-uttarakhand-an-important-step-equal-rules-for-religious-communities-in-uttarakhand/

[ashkhb]

#trending

[newswatchindia]

Uttarakhand becomes the first state to enact common civil code law

UCC Uniform Civil Code Uttarakhand: Uttarakhand has become the first state in the country to make Uniform Civil Code and now the state government has also introduced a bill regarding this in the Legislative Assembly on Tuesday. It is felt that as soon as this bill is passed, it will take the form of law.

[hashbrownsoncrack]

The UCC almost being passed in Uttarakhand is frankly a horrendous idea and a precursor to saying "bye bye secularism" in India.

^^ this is all just why the very notion of a UCC, especially the type of which BJP wants to implement should horrify people, however there is more:

oh and only m/f live in relationships are considered "legitimate" so this is also pushing back the status of queer rights in the country back with full force- forget marriage, basic recognition is being denied.

the very reason people get into live in relationships and not a marriage is either to test out the waters of living together, whereas some never want to get married at all because they dont want the state interfering in their affairs and this makes it impossible

there is so much more, here are articles you can refer to for it:

[uniquedatabasecoin]

UCC bill to be tabled in Uttarakhand assembly today

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[scriblingscapes]

A day after Uttarakhand Chief Minister Pushkar Singh Dhami introduced the Uniform Civil Code (UCC) Bill, the state Assembly passed it on Wednesday. With the House nod, Uttarakhand became the first state in the country to implement a Uniform Civil Code, which presents common law for marriage, divorce, inheritance of property, etc.

The UCC Bill, which will now become an Act is based on the draft submitted by a high-level committee formed by the Uttarakhand government under the chairmanship of retired Supreme Court judge Justice Ranjana P Desai.

Uttarakhand UCC: Tribals to remain out of purview

The Uniform Civil Code brings a common law for marriage, divorce, inheritance of property, etc., which were earlier governed by personal laws of every religion. The common code bars bigamy (marrying one person while still legally married to another) and polygamy (having multiple spouses simultaneously).

The Uttarakhand government has cleared that the members belonging to the Scheduled Tribes (ST) community will remain out of the purview of the Uniform Civil Code. The UCC will not apply to "members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 142 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India."

The Way Forward for UCC: Gradual Change

India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.