Many BJP-ruled states keen to follow Uttarakhand on UCC ahead of polls

After the BJP government in Uttarakhand passed the Uniform Civil Code, many BJP-ruled states have decided to toe the line to bring about the common code. States such as Gujarat, Uttar Pradesh, Madhya Pradesh and Assam are keen on implementing the UCC.

Efforts are on to speed up the process to bring about the legislation on common code ahead of the Lok Sabha elections is believed to have major electoral ramifications for the ruling BJP as it was one of the key promises the party had made in the last general elections.

The BJP had said in its 2014 and 2019 manifestoes that it will implement the UCC in order to empower women, thereby adhering to the principle of gender justice.

The UCC is contemplated as a single law to govern the personal aspects of all citizens of the state such as marriage, divorce, inheritance and adoption.

Let's look at the states that are set to toe the Uttarakhand line on UCC...

Madhya Pradesh

Speaking to the media earlier this month, Chief Minister Mohan Yadav said that his government will implement the UCC. He stressed that he will follow what the Centre will say. “Madhya Pradesh follows the rule of the land,” he added. Former CM Shivraj Singh Chouhan had said a committee will be formed in MP to look into the issue.

Assam

Speaking at various public forums, Chief Minister Himanta Biswa Sarma expressed that Assam will be the third state, after Uttarakhand and Gujarat, to implement the UCC.

He highlighted that the Assam UCC will not be applicable to the tribal communities, but it will have “innovative points” against child marriage and polygamy. He stressed the need to end polygamy, for which, his government is planning to bring a Bill in the Budget Session of the Assembly, which began on February 5 and conclude on February 28. The state budget for the next fiscal will be presented on February 12.

Gujarat

Ahead of the Assembly polls, Home Minister Harsh Sanghavi had in October 2022 announced that the state will form a committee to implement the UCC. He also stressed that the decision was made in accordance with Article 44 of Part 4 of the Constitution to apply a common law for all citizens.

Minister Parshottam Rupala had asserted that the proposed UCC will not violate any fundamental rights, and will cover the Hindu Marriage Act and Muslim personal laws.

Rajasthan

Rajasthan has given enough indications that the bill is under consideration. While congratulating the Uttarakhand chief minster, state minister Kanhaiya Lal Choudhary said: “We are making an effort to ensure that Rajasthan becomes the second state after Uttarakhand. The CM is in support of this. He has given directions for this, and work will be done soon. This will be discussed in the current session and if the time is insufficient, it will be brought in the next session."

Let's take a look at the key features of Uttarkhand UCC...

- The age of girls for marriage to be increased to 21 years from 18 years.

- The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships.

- Children born of live-in relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.

- The UCC draft mentions discontinuing the practice of ‘halal’ and ‘iddat’ – terms commonly used while settling marriage disputes among Muslims.

- The UCC bans the practice of ‘polygamy’ under Muslim personal law.