Introduction:

The Uttarakhand's Uniform Civil Code (UCC) Bill, 2024, recently passed by the Uttarakhand Legislative Assembly, has sparked wide-ranging conversations. The Bill, which aims to streamline laws concerning marriage and property inheritance, is now awaiting President’s approval. A notable part of this Bill is the compulsory registration of live-in relationships, penalising them under certain circumstances, thereby opening a dialogue on individual freedom and the state's scope in monitoring private relationships.

I. Understanding the Uniform Civil Code (UCC):

- Origin & Constitutionality: The UCC's concept is rooted in Article 44 of the Constitution under the Directive Principles of State Policy. It urges the state to work towards establishing a common civil code for all citizens. However, its implementation lies at the government's discretion.

- Implementation across India: So far, only Goa has a UCC, inherited from the Portuguese Civil Code, 1867.

- Judicial Stance on UCC: The Supreme Court of India has, on several occasions, called for the implementation of UCC, highlighting it in landmark cases such as Mohd. Ahmed Khan vs. Shah Bano Begum (1985), Sarla Mudgal v. Union of India (1995), and John Vallamattom v. Union of India (2003). More recently, in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019), the court hailed Goa's UCC as an example for the rest of the country.

- Law Commission's Stand: In a 2018 consultation paper, the Law Commission opined that the formulation of a UCC was neither necessary nor desirable at that stage.

II. Insights into Uttarakhand's UCC Bill, 2024:

- Purpose: Uttarakhand's UCC Bill proposes to replace varying personal laws of different religions with a single set of laws dealing with marriage, divorce, adoption, and inheritance, as guided by Article 44.

- Proposals: Prohibition of polygamy, nikah halala, iddat, triple talaq, child marriage; uniform age for girls' marriage across religions, and obligatory registration of live-in relationships are among the key proposals of this Bill.

- Significance: This Bill promotes gender equality by ensuring equal treatment of men and women in matters such as property inheritance and marriage, with an intention to increase the property share for Muslim women from the current 25%.

- Exemptions: Scheduled Tribes, constituting around 3% of the state's population, are exempted from the Bill.

III. Concerns & Issues:

- Age constraints: The marriageable age continues to be 18 for women and 21 for men, despite ongoing discussions around this issue.

- Controversial Aspects: The mandatory registration of live-in relationships and criminalisation under non-compliance with certain conditions have raised concerns, potentially empowering the state to control consensual relationships and infringe on individual autonomy.