In a significant legislative move, the Uttarakhand Assembly is set to deliberate on the Uniform Civil Code (UCC) Bill today, marking a pivotal moment in the state’s legal framework. The UCC draft, greenlit by the Uttarakhand Cabinet under the leadership of Chief Minister Pushkar Singh Dhami, proposes uniform civil laws applicable to all communities across the state. The assembly session, slated to commence at 11 am, holds the promise of establishing a comprehensive legal framework governing marriage, divorce, land, property, and inheritance laws, irrespective of religious affiliations.
Background and Public Engagement
A committee, spearheaded by retired Supreme Court Justice Ranjana Prakash Desai and appointed by the Uttarakhand government, undertook the monumental task of compiling a detailed report spanning four volumes and 749 pages. This exhaustive report is the culmination of extensive research and deliberations, fueled by active public participation. The committee solicited input from citizens through 2.33 lakh written submissions online and conducted over 70 public forums, engaging with approximately 60,000 individuals. These efforts ensured a thorough integration of diverse perspectives and insights into the drafting process, reflecting a commitment to inclusivity and transparency.
Highlighting The Key Features of the UCC
Equal Property Rights
One of the pivotal aspects of the Uniform Civil Code is the provision of equal property rights for both sons and daughters. This landmark legislation ensures that daughters retain their rightful share in ancestral property, even after marriage, regardless of their religious affiliation. Building upon the 2005 amendment to the Hindu Succession Act of 1956, which granted married daughters equal inheritance rights, the UCC reinforces the principle of gender equality in matters of property inheritance.
Recognition of Children
The UCC Bill in Uttarakhand seeks to abolish the archaic distinction between legitimate and illegitimate children concerning property rights. Under this bill, all children will be recognized as the legitimate biological offspring of their parents, irrespective of marital status or circumstances of birth. Furthermore, the legislation extends equal rights to adopted children and those born through surrogacy, reaffirming the principle of equality and inclusivity in familial relations.
Marriage and Divorce
The proposed UCC provisions also address critical aspects of marriage and divorce, aiming to streamline legal procedures and uphold individual rights. By establishing uniform standards for marriage and divorce proceedings, the bill seeks to eliminate disparities based on religious or customary practices, ensuring equitable treatment for all citizens under the law.
Inheritance Laws
In alignment with the broader objective of ensuring fairness and justice, the UCC Bill in Uttarakhand endeavours to reform inheritance laws. By introducing uniform guidelines for the distribution of property and assets, the legislation aims to mitigate disputes and promote harmony within families, regardless of religious or cultural backgrounds.
Personal Laws Harmonization
Beyond its immediate legal implications, the Uniform Civil Code represents a crucial step towards harmonizing personal laws and fostering social cohesion. By transcending religious boundaries and embracing a common set of civil laws, the UCC fosters a sense of unity and inclusivity, reflecting the ethos of a progressive and egalitarian society.
Conclusion
As the Uttarakhand Assembly convenes to deliberate on the Uniform Civil Code Bill, it stands as a testament to the state’s commitment to justice, equality, and the rule of law. Through thoughtful deliberations and inclusive policymaking, Uttarakhand is poised to set a precedent for progressive legal reforms, resonating with the principles of democracy and social justice.