Registration of live-in relationships, polygamy ban: Key features of Uttarakhand’s Uniform Civil Code Bill | Explained Premium

With the Uniform Civil Code Bill tabled in the Uttarakhand Assembly on Tuesday, The Hindu decodes the key takeaways from the controversial legislation

Uttarakhand Chief Minister Pushkar Singh Dhami on Tuesday tabled the Uniform Civil Code (UCC) Bill in the State Assembly three days after a state-appointed panel submitted its final report. If passed by the Assembly, Uttarakhand will be the first State in India to implement such a legislation after Independence.

The introduction of a UCC was a key poll promise of the BJP in the run-up to the 2014 general elections and was reiterated before the 2022 Legislative Assembly elections in Uttarakhand. Following the BJP’s electoral victory on May 27, 2022, the Uttarakhand government announced the constitution of a five-member committee led by former Supreme Court judge Justice Ranjana Prakash Desai to draft the legislation.

While exempting the tribal community from its purview, the Bill proposes a common law on marriage, divorce, inheritance of property, and live-in relationships for all citizens, irrespective of their religion. This stems from Article 44 of the Constitution, which mandates that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” The provision is a part of the Directive Principles of State Policy (Part IV of the Constitution), which although not enforceable, play a pivotal role in the country’s governance.

Following Uttarakhand’s footsteps, two other BJP-ruled States — Madhya Pradesh and Gujarat — have appointed committees to initiate the formulation of a UCC. Individual states are competent to undertake such an exercise since the Seventh Schedule of the Constitution empowers both the Centre as well as state legislatures to legislate on matters pertaining to family laws.

Here are some of the key features of the Bill:

Also read: Uttarakhand’s Uniform Civil Code: What it means and what lies ahead? | Explained

The tribal communities which comprise 2.9 per cent of Uttarakhand’s population have been exempted from the application of the Bill. Section 2 stipulates — “Nothing contained in this code shall apply to the 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.”