The bill suggests a common law for all residents of the hill state, regardless of religion, regarding inheritance, land, marriage, and divorce. The BJP had pledged in its 2019 General Election manifesto to create a UCC that would “draw upon the best traditions and harmonise them with the modern times” for the entire nation.
The historic move by the Uttarakhand administration is compliant with Article 44, which enumerates the Uniform Civil Code as one of the Mandatory Principles of State Policy. According to the Bill, a man and a woman can only be married if “neither party has a spouse living at the time of marriage.” This effectively outlaws the unfair and feudal practices of polygamy and polyandry.
Source: India Today
Additionally, it allows for post-divorce remarriage as long as there isn’t an ongoing appeal. These actions have the potential to significantly advance gender equality and safeguard the rights of women in particular. Nonetheless, the Bill’s proposal for stringent laws governing cohabitation strikes a retrograde note.
According to the law, if one or both partners fail to provide the registrar with a statement about their relationship within 30 days of moving in together, they risk a fine of up to three months in jail or both. There’s a chance that this severe clause will be abused to single out live-in spouses.
Source: Mirror Now
Even though other BJP-ruled states will eventually follow Uttarakhand’s lead, the Bill still has to be adjusted to make it more egalitarian overall. The Uniform Civil Code (UCC) is essential for maintaining religious and cultural diversity while ensuring pan-Indian civil law uniformity, but its national application presents significant challenges. The BJP must persuade the public and the opposition that its actions are motivated by social justice and the benefit of the public, not by political or electoral concerns.
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