Uttarakhand's Uniform Civil Code Fulfils Another Ideological Goal Of BJP, Becomes Model For BJP-Ruled States

Uttarakhand CM Pushkar Singh Dhami took the lead for the BJP in the implementation of the UCC, which is one of the fundamental ideological objectives of the BJP. Now that two of the biggest ideological objectives, the construction of the Ram Mandir in Ayodhya and the abrogation of Article 370 of the Constitution of India, have been fulfilled, the UCC is next in line for the BJP.

Uttarakhand has emerged as a model for other BJP-ruled states. Last month, Assam CM Himanta Biswa Sarma said that Assam will bring the UCC after Uttarakhand and Gujarat. After the five-member committee set up Dhami submitted the UCC report to the state government on February 2, Sarma said the Assam government will study the bill to see if it can be implemented in the state in its entirety.

Earlier, Sarma had said that the tribals will be exempt from the UCC in the state and that the finalised bill will be tailored as per the needs of the state. Separately, BJP-ruled Gujarat and Uttar Pradesh have also expressed the intent to implement the UCC.

Uttarakhand is implementing UCC at a time when the Centre has also considered its implementation. In June 2023, the Law Commission invited suggestions for the UCC. The Ministry of Law and Justice said in a press release: "Initially the 21st Law Commission of India had examined the subject on Uniform Civil Code and solicited the views of all the stakeholders through its appeal along with a questionnaire dated 07.10.2016 and further public appeals/notices dated 19.03.2018, 27.03.2018 and 10.4.2018...The 21st Law Commission has issued the consultation paper on 'Reforms of Family Law' on 31.08.2018."

The release further said that the Law Commission had sought views "bearing in mind the relevance and importance of the subject and also the various Court orders on the subject".

Why Is BJP Bringing UCC In Uttarakhand?

The basic idea behind the uniform civil code (UCC) is that everyone should be governed by the same set of personal laws irrespective of their religion. As of now, people following various religions are governed by religion-specific personal laws, such as the Hindu Marriage Act, 1955; Indian Christian Marriage Act, 1872; and the Shariat (Application) Act, 1937.

While announcing the decision to set up a committee to look into the implementation of the UCC in the state, Chief Minister Dhami had in April 2022 pitched it as an exercise for gender-justice and women empowerment. Supporters of the UCC have long said that certain practices in certain personal laws mean that women are deprived of their due rights in those laws that women of other communities have.

"The earliest implementation of the 'Uniform Civil Code' in Uttarakhand will strengthen all citizens with equal rights. This will boost social harmony, improve gender justice, and strengthen women empowerment," said Dhami at the time.

The UCC finds mention in Article 44 of Part IV the Constitution of India, which contains Directive Principles of State Policy (DPSPs). The DSPSs are not enforceable but are meant to serve as the guiding principles of legislatures. The Article 44 says, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."

While DPSPs are not enforceable, several provisions listed under DPSPs have been made into laws over the years. "Since 1950, the successive governments at the Centre and in the states have made several laws and formulated various programmes for implementing the Directive Principles of State Policies," notes M Laxmikanth in his book 'Indian Polity', and lists the establishment of Planning Commission and laws for minimum wages and equal treatment of workers, maternity benefit laws, and legal aid provisions as examples of DPSPs being turned into laws.

The BJP has held the issue of UCC dear to its ideology. Since its inception, the BJP has seen the existence of religion-specific personal laws as unacceptable, particularly the Muslim personal laws that function on different standards than the Hindu personal laws. This was also behind the Narendra Modi government's drive against the 'triple talaq'. Until the Supreme Court ruled 'triple talaq' to be unconstitutional in 2017, Muslim men could divorce their wives orally by saying 'talaq' thrice. The maintenance rights of divorced wives were also limited. This was unlike Hindu personal laws where divorce cannot be given orally and women have broader rights for maintenance from their ex-husband.

In the BJP's ideology, the party frames such practices as "pseudo secularism". The party has framed the pursuit of UCC in the gender justice narrative. "The Uniform Civil Code to ensure equal rights for women of all religions has also been a priority for the BJP since 1996. Post-1996, detailed steps have been listed to reduce violent crimes against women. Women-led development and providing healthcare for women for a dignified life were major themes in the 2019 manifesto," says a report from the think tank, Centre for Policy Research (CPR) that assessed the manifestos of various parties.

The CPR report further said, "For Jana Sangh, the concept of Dharma Rajya is explained as a rule of law and not as a theocracy. They are clearly opposed to the politics of Muslim appeasement, or 'pseudo-secularism', and aim to establish a completely secular nation based on Bhartiya nationalism with equality for all. The Indian ideals of Sarvadharma Sambhava and Sarva Panth Samadara are important for them to ensure India’s heritage of respecting the diversity of all forms. Establishing a Uniform Civil Code is an important aspect in this regard and has been mentioned in almost all manifestos since the 1990s."

Uttarakhand's UCC: What Does It Contain?

Uttarakhand is the first state to come up with the Uniform Civil Code (UCC). So far, only Goa has UCC and that's because of its historic occupation by the Portuguese. Goa, along with the union territory (UTs) of Daman & Diu and Dadra & Nagar Haveli, is governed by the Portuguese Civil Code, 1867.

In Uttarakhand's UCC, polygamy is banned, uniform minimum age for marriage for both men and women is set, 'triple talaq' and associated practices are banned, uniform adoption rights in line with the Juvenile Justice (Care and Protection of Children) Act are mandated, and registration is made mandatory for live-in relationships, according to The Indian Express.

The newspaper further reported that tribals have been exempted from the ambit of the UCC.

Some of the other features of the UCC, as per India Today, are:

• Equal inheritance rights to sons and daughter

• Elimination of distinction between legitimate and illegitimate children in inheritance matters

• Adopted and biologically-born children to be treated equally.

• Equal inheritance rights after death