Impending Implementation of Uniform Civil Code in Uttarakhand: A Step Towards Equality and Justice

 Uniform Civil Code in Uttarakhand

Uniform Civil Code in Uttarakhand

Uniform Civil Code in Uttarakhand

Introduction:

In a significant development, Uttarakhand is on the verge of implementing the Uniform Civil Code (UCC), with the state government forming a committee under the leadership of Justice Ranjana Desai in 2022. The committee's term has been extended multiple times, reflecting the meticulous approach taken during the drafting process, which involved soliciting suggestions from both online and offline sources. Anticipations suggest that the UCC may be enforced across the entire state as early as February.


Historical Context:

The roots of the Uniform Civil Code date back to the constitution-making process approximately 76 years ago, where the constitutional framers, foreseeing its relevance in future circumstances, included it in the constitutional directives under the guidance of policy directives.


Constitutional Mandate:

Article 44 of the Indian Constitution explicitly mentions the Uniform Civil Code, stating that the state shall endeavor to secure for its citizens a uniform civil code throughout the territory of India. While some view the UCC as a means to strengthen national unity and promote gender justice, others express concerns, citing potential threats to religious freedom and diversity.
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Goa's Precedent:

Goa stands as the sole state in India where the Uniform Civil Code is already in effect. In 1961, after gaining independence from Portuguese rule, Goa formulated its general family laws, known as the Goa Civil Code.


Promoting National Unity and Equality:

The implementation of the Uniform Civil Code is expected to foster a sense of equal identity and promote national unity among all citizens. By addressing the disparities arising from various personal laws, it aims to reduce communal and sect-related disputes, promoting equality, fraternity, and dignity encapsulated in the constitutional values.


Gender Justice:

The UCC is envisioned to eliminate gender-based discrimination and oppression prevalent in different personal laws. It seeks to ensure equal rights and status for women in matters such as marriage, divorce, inheritance, custody, and nourishment.


Simplifying Legal System:

The Uniform Civil Code aims to simplify and rationalize the legal system by harmonizing conflicting elements within various personal laws. This move is expected to establish coherence in civil and criminal laws, fostering a more streamlined and judicious legal framework.
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Modernization and Reform:

The UCC is positioned as a tool for modernizing and reforming outdated practices and norms present in personal laws. It aims to address and rectify practices such as triple talaq, polygamy, child marriages, and others that contravene human rights and values embedded in the Indian Constitution.


Conclusion:

The impending implementation of the Uniform Civil Code in Uttarakhand signifies a significant stride towards equality, justice, and national integration. While it is poised to bring about transformative changes, the balanced consideration of diverse perspectives is crucial to ensure a harmonious and inclusive legal framework for the citizens of the state.


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