Uttarakhand becomes the first state to implement a Common Civil Code
Bill and Act
4 min read
Uttarakhand became the first state in India after the promulgation of the constitution, to implement the Uniform Civil Code. The state government issued a notification to this effect on 27 January 2025.
Uttarakhand Chief Minister Pushkar Singh Dhami also launched the Uniform Civil Code Portal, where marriages can be registered under the provisions of the Uniform Civil Code. Registration of marriage is compulsory under the Uniform Civil Code.
Goa implemented the uniform civil code in 1869 but it was under Portuguese rule at that time.
The Uniform Civil Code seeks to promote legal equality across people of the state irrespective of their castes or religions.
The Uniform Civil Code will apply to all the residents of Uttarakhand, except Scheduled Tribes and protected authority-empowered persons and communities.
About the Uttarakhand Uniform Civil Code
The Uttarakhand Uniform Civil Code simplifies and makes a single uniform law on matters relating to marriage, divorce, succession, and inheritance.
It means that whether a person is Hindu or Muslim or of different castes the laws on these four matters will be the same.
- It makes the registration of marriage compulsory.
- Marriages solemnized before March 26, 2010, or those outside the state will be eligible for registration if the legal conditions are met.
- It sets a common marriageable age for men (minimum 21 years) and women (minimum 18 years) and provides for common grounds and procedures to be followed in case of divorce across all religions.
- It banned triple talaq (practiced amongst the Muslim community), polygamy (a man having more than one wife), and 'halala' (a practice where a woman must marry another man and then divorce him before remarrying her previous husband).
- It also provides for equal rights in case of succession and inheritance.
- It recognises Live-in Relationships but it requires compulsory registration.
Background to the Uniform Civil Code in Uttrakhand
- On May 27, 2022, the Pushkar Singh Dhami government set up a committee to frame a draft Uniform Civil Code for Uttarakhand.
- The committee was headed by the Retired Supreme Court judge Justice Ranjana P Desai.
- Based on the recommendation of the committee a bill was introduced in the Uttarakhand legislative assembly in 2024 which was subsequently passed by the assembly on 17 February 2024.
- President Droupadi Murmu gave her assent to the Uttarakhand Uniform Civil Code (UCC) bill on 13 March 2024.
Constitutional provision regarding the Uniform Civil Code
- Article 44 of the Indian constitution under Chapter IV entitled Directive Principle of State Policy (DPSP) provides that the State shall endeavour to secure a uniform civil code for the citizens of India throughout the territory of India”
- Uttarakhand is the first state in India to enact a law under the provision of Article 44.
