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उत्तराखंड के समान नागरिक संहिता (UCC) के तहत, शादी, लिव-इन रजिस्ट्रेशन और वसीयत दस्तावेज़ों के लिए ऑनलाइन प्लेटफार्मों की सिफारिश की गई है, जिससे कानूनी प्रक्रियाओं को सरल और सभी के लिए सुलभ बनाया जा सके।
#उत्तराखंड#राजनीति#civil code#civil code uttarakhand#ucc#ucc uttarakhand#Uttarakhand#uttarakhand ucc law#उत्तराखंड UCC#उत्तराखंड UCC registration
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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?
#guys is it play by play what the nazi party did or is it play by play what the iranian theocracy did or is it play by play what#every other fascist government did on the planet did?#hindutva#any Sanghi who sees this block me#I have no energy to fight you because you’re dumb as fuck#bjp is not protecting any rights#especially women’s#except for Adani’s or the Ambani’s#and you can lick their boots all you want#but you too will be grinded in the same mob-military industrial complex like the rest of us#you are not a special case#I don’t live in Uttarakhand don’t even try#fuck Modi#fuck bjp#in case I wasn’t clear#we told Sanghi women#you’re next on the chopping block#but sunta kon hai?#you will also find better essays than this online but I had to share my two cents
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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.
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State Government of Uttarakhand Releases Expert Committee Report on Uniform Civil Code
The State Government of Uttarakhand has made public the expert committee’s report on the Uniform Civil Code (UCC). This report marks a significant step towards potentially implementing a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of religion. Shatrugan Singh, Chairman of the Rules and Implementation Committee,…
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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.
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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.
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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.
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Uniform Civil Code: Background and Recent Developments
This article on 'Uniform civil code: Background and Recent Developments' was written by Rosy Adhikary, an intern at Legal Upanishad.
Introduction
The chairman of the National Human Rights Commission, Justice (ret.) Arun Kumar Mishra has spoken for the Uniform Civil Code, arguing that it is crucial to protect women from discrimination. The Uttarakhand government formed an expert panel to examine and implement the Uniform Civil Code (UCC) throughout the state. The following state was Gujarat, followed by Himachal Pradesh. State officials intend to implement a uniform civil code, according to Uttar Pradesh’s deputy chief minister Keshav Prasad Maurya. Madhya Pradesh has also made the decision to establish a commission to investigate how the Uniform Civil Code is being applied (UCC). In November, we learned that Basavaraj Bommai, the chief minister of Karnataka, had stated that he was gathering information about events in many states and what the Constitution says in accordance with the “Uniform Civil Code” (UCC). As a result, in line with what I said before, the article’s main focus is on the Uniform Civil Code and how it has evolved through time.
What is the Uniform Civil Code (UCC)?
A single civil code that could be applicable to all religious groups is based on the principle of one nation, one law. The phrase “Uniform Civil Code” is mentioned expressly in Part 4, Article 44, of the Indian Constitution. According to Article 44, the States parties undertake to secure for the Citizens a civil code that is uniform throughout the entirety of India.
Background
The following changes have occurred to the uniform civil code from colonial times; Pre-Independence (colonial era) (colonial era) The October 1840 Lex Loci Report identified several areas wherein universality in the formulation of Indian law was crucial, including crimes, proof, and contracts. Contrarily, it was also suggested against codifying Islamic and Hindu personal law. In 1859, the Queen’s Proclamation promised to have no bearing whatsoever on matters of religion since personal laws are still governed by locally unique laws, even though the country’s criminal laws have been codified and declared universal. Following the end of British rule, there were more laws addressing personal issues, therefore the B N Rau Committee was founded in 1941 by the government to codify Hindu law. The Hindu Law Committee was charged with examining the issue of whether common Hindu laws were necessary. A codified Hindu legislation that would grant women equal rights was advocated by the committee in accordance with the scriptures. After a study of the 1937 Act, the idea for a legal code of marriage and inheritance for Hindus was put out. After the Constitution was adopted in 1951, a select committee headed by B. R. Ambedkar was convened, and they were given the Rau Committee report’s draught to review. In order to update and codify the laws that regulate a will or unwilled succession among Hindus, Buddhists, Jains, and Sikhs, the Hindu Succession Act was subsequently passed in 1956. Post-Colonial era (1947-1985) Famous individuals like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a standard civil code during the constitution’s construction. But due to opposition from religious conservatives and a lack of knowledge in general at the time, they chose to include the UCC in the Directive Principles of State Policy (DPSP, Article 44). Muslim officials emphasised the necessity of following individual Islamic rules based on religious practises. Because of this, only Article 44 of the Indian Constitution may mention UCC. Goa Following its independence, the State of Goa adopted the Portuguese Civil Code, which imposed a UCC on all of its inhabitants. This code states that a husband and wife own all property that each spouse possesses and owns jointly. Even parents are prohibited from fully disinheriting their kids; nearly half of the estate must go to them. Muslims who have been legally married in Goa are not allowed to practice polygamy.
Uniform Civil Code: Background and Recent Developments
Cases
- Shah Bano case: Shah Bano, 73, was refused alimony while her husband filed for divorce using the triple talaq method, which includes saying "I divorce thee" three times. She appeared in court, and the District Court and the High Court both decided in her favour. Her husband then appealed the decision to the Supreme Court, saying that he had fulfilled all of his obligations under Islamic law. Under the Criminal Procedure Code’s “support of spouses, children, and parents” provision (Section 125), which belongs to all people irrespective of faith, the Supreme Court rendered a decision in her favour in 1985. Additionally, it advocated for the creation of a standard civil code. - Daniel Latifi Case: The Muslim Women's Act (MWA) was challenged on the claim that this really violated both Article 21's right to life and Articles 14 and 15's and 21's right to equality. The Supreme Court found that a wife's iddat payment must be sufficient to sustain her both now and in the future, upholding the validity of the provision and harmonising it with section 125 of the Criminal Procedure Code. According to local regulations, a Muslim woman who has been divorced is entitled to support for the rest of her life or until she marries again. According to the news website LiveLaw, the Allahabad High Court similarly referred to UCC as a “necessity” in November 2021 and stated that it was “mandatorily essential today.” The court was considering a number of petitions filed by interfaith couples seeking protection when it emphasised the necessity of a “single-family code” to prevent such couples from being “hounded as criminals.”
Conclusion
The lack of a unified civil code in India reduces the likelihood of overall social growth in that nation. The present administration has taken commendable steps to achieve gender equality, such as raising the marriageable age for girls from 18 to 21.
References
- Patil Amruta( Nov 30, 2022) Uniform Civil Code - Indian Polity Notes available at https://prepp.in/news/g-44413-uniform-civil-code-indian-polity-notes - DHEYA IAS ,Uniform Civil Code: A necessity?: Daily Current Affairs available at https://www.dhyeyaias.com/current-affairs/daily-current-affairs/uniform-civil-code-a-necessity - BYJU’S Exam prep, Uniform Civil Code - Challenges, Suggestions & Debate On UCC available at https://byjus.com/free-ias-prep/need-for-a-uniform-civil-code-in-a-secular-india/ - ABHINAV MEHROTRA , Uniform Civil Code (UCC) in India: An overview (6 January 2022) available at https://www.orfonline.org/expert-speak/uniform-civil-code-ucc-in-india-an-overview/ - Uniform Civil Code – Challenges, Suggestions & Debate On UCC Civil Code - Challenges, Suggestions & Debate On UCC Read the full article
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Dhami govt's plan for uniform civil law in Uttarakhand
Dhami govt’s plan for uniform civil law in Uttarakhand
The tenure of the expert committee constituted by the Chief Minister Pushkar Singh Dhami government to decide the draft of Uniform Civil Code-UCC (Uniform Civil Law) in Uttarakhand is set to extend. Now only a few days are left in the deadline for the committee to submit its report. But the committee has so far been able to work on only a few subjects fixed for civil law. Meanwhile, thousands of…
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BJP stand on UCC should be taken as that of nation: Rijiju | India News - Times of India
BJP stand on UCC should be taken as that of nation: Rijiju | India News – Times of India
NEW DELHI: Law minister Kiren Rijiju in the Lok Sabha on Tuesday said that the government subscribes to the BJP’s demand for the promulgation of Uniform Civil Code. Rijiju was answering the question asked by BJP’s Godda MP Nishikant Dubey who pointed out that several states, including Uttarakhand, are on their way to implement the uniform civil code. “Nishikant ji has asked the question that what…
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Uttarakhand forms panel to implement Uniform Civil Code
Uttarakhand forms panel to implement Uniform Civil Code
The Uttarakhand government has formed an expert committee headed by a retired Supreme Court judge for implementing Uniform Civil Code (UCC) and to check all the relevant laws that control personal matters for those living in Uttarakhand. A state government order said that a five-member committee will be headed by retired Supreme Court judge Ranjana Desai, who currently heads the Delimitation…
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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.
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