<p class="bodytext">A Uniform Civil Code (UCC) for all citizens of the country has been an aspirational idea that has found support in the Constitution and from large sections of the people. Article 44 of the Constitution calls upon the state to endeavour for a UCC but the idea has not fructified till now at the national or state level. Uttarakhand has become the first state to unveil one but its endeavour has fallen short of the ideal in many ways. It is not the best possible effort, considering the flaws it comes with. The state government has said that the UCC would establish a comprehensive legal framework “aimed at unifying personal laws related to marriage, divorce, inheritance, adoption, and succession for all citizens of Uttarakhand, irrespective of religion or community.” It has also claimed that “the rules are designed to promote equality, fairness and streamlined governance in civil matters.” Chief Minister Pushkar Singh Dhami has said that the code is not against anybody, but the minority community has claimed that it goes against the community’s traditional practices and is being imposed without consultation or consent. The implementation has attracted criticism from other sections as well.</p>.UCC, women's erasure: Jaipur Literature Festival kicks off with dynamic debates.<p class="bodytext">The most striking feature of the UCC is that it is not uniform. Tribal communities have been left out of its purview. Scheduled Tribes enjoy constitutional protection of their practices, but a common code cannot call itself that if it does not apply to all. It prohibits polygamy, polyandry, iddat, halala and talaq and has important provisions for marriage, divorce, live-in relationships and inheritance. It provides for mandatory registration of marriages and live-in relationships and gives equal inheritance rights to children, regardless of their parents’ marital status. A new web portal will enable the online registration of marriages, divorces, live-in relationships and termination of live-in relationships.</p>.<p class="bodytext">Some of the provisions violate the fundamental rights of individuals, including the right to privacy. One glaring requirement is for registration of live-in relationships. Two consenting adults have the right to live their lives the way they want, and the state and society have no right to interfere in their decision. The penalties for not registering or hiding facts – for which even landlords and house owners will be held responsible – are imprisonment and fine. That would amount to criminalising a civil offence. The code allows the family to control the decisions of adults in matters of mutual relations. It leaves out important matters such as adoption, guardianship and surrogacy. One of its overriding themes is the power of the state to dictate to individuals on decisions that impact their lives, and this brings a strong element of regression into the code.</p>
<p class="bodytext">A Uniform Civil Code (UCC) for all citizens of the country has been an aspirational idea that has found support in the Constitution and from large sections of the people. Article 44 of the Constitution calls upon the state to endeavour for a UCC but the idea has not fructified till now at the national or state level. Uttarakhand has become the first state to unveil one but its endeavour has fallen short of the ideal in many ways. It is not the best possible effort, considering the flaws it comes with. The state government has said that the UCC would establish a comprehensive legal framework “aimed at unifying personal laws related to marriage, divorce, inheritance, adoption, and succession for all citizens of Uttarakhand, irrespective of religion or community.” It has also claimed that “the rules are designed to promote equality, fairness and streamlined governance in civil matters.” Chief Minister Pushkar Singh Dhami has said that the code is not against anybody, but the minority community has claimed that it goes against the community’s traditional practices and is being imposed without consultation or consent. The implementation has attracted criticism from other sections as well.</p>.UCC, women's erasure: Jaipur Literature Festival kicks off with dynamic debates.<p class="bodytext">The most striking feature of the UCC is that it is not uniform. Tribal communities have been left out of its purview. Scheduled Tribes enjoy constitutional protection of their practices, but a common code cannot call itself that if it does not apply to all. It prohibits polygamy, polyandry, iddat, halala and talaq and has important provisions for marriage, divorce, live-in relationships and inheritance. It provides for mandatory registration of marriages and live-in relationships and gives equal inheritance rights to children, regardless of their parents’ marital status. A new web portal will enable the online registration of marriages, divorces, live-in relationships and termination of live-in relationships.</p>.<p class="bodytext">Some of the provisions violate the fundamental rights of individuals, including the right to privacy. One glaring requirement is for registration of live-in relationships. Two consenting adults have the right to live their lives the way they want, and the state and society have no right to interfere in their decision. The penalties for not registering or hiding facts – for which even landlords and house owners will be held responsible – are imprisonment and fine. That would amount to criminalising a civil offence. The code allows the family to control the decisions of adults in matters of mutual relations. It leaves out important matters such as adoption, guardianship and surrogacy. One of its overriding themes is the power of the state to dictate to individuals on decisions that impact their lives, and this brings a strong element of regression into the code.</p>
