"Is it not the time to move towards a Uniform Civil Code, ensuring a single framework where personal or customary law does not override national legislation?" the Court asked.
The Uttarakhand High Court, led by Chief Justice G Narendar and Justice Alok Mehra, on Wednesday directed the state government to respond to UCC pleas within 48 hours.
The nationwide adoption of the Uniform Civil Code, rolled out in Uttarakhand on Monday, was only a matter of time, Vice President Jagdeep Dhankhar said today.
Uttarakhand has made history as the first state in India to implement the Uniform Civil Code (UCC). Chief Minister Pushkar Singh Dhami is set to launch a dedicated UCC portal, which will streamline processes related to marriage, divorce, inheritance, and will registrations. The UCC aims to establish a unified set of personal laws for all citizens, although it will exempt certain communities like Scheduled Tribes. Despite opposition from the Congress party, which labels the UCC as illegal, the state government has completed necessary preparations, including rule approvals and training. The initiative fulfills a key commitment made by the Bharatiya Janata Party (BJP) during the 2022 elections. CM Dhami sees the UCC as a contribution to Prime Minister Modi’s vision of a developed, organized, and self-reliant India. One of the law's provisions mandates that all marriages be registered within 60 days, and those since March 26, 2010, within six months.
Despite opposition from various political parties and religious groups, the state government has gone out ahead with the implementation, making the hill state the first in the country to have a Uniform Civil Code
The implementation of the Uniform Civil Code was delayed by a few weeks in view of the local body elections that were held in the state on January 23.
The UCC portal will require Aadhaar details for registration and has been designed for three stakeholders: citizens, service center staff and government officials.
Uttarakhand is the first state in the country to have UCC Act, which seeks to establish a uniform and an equal set of rules on marriage, divorce, succession and inheritance for all citizens in the state, except the Scheduled Tribes (STs), irrespective of religion.
According to Dhami, the Uttarakhand government has already completed its 'homework' and the UCC will be implemented across the state from January 2025.
Justice Yadav said the main aim of the uniform civil code (UCC) was to promote social harmony, gender equality and secularism.
The exclusion of tribals from the ambit of the proposed UCC not only clarifies the BJP’s intent on the infringement of cultural rights, it also positions the issue as primarily a Hindu-Muslim one, thus appealing to a larger support base.
Over the past year, the BJP's UCC pitch is consistently accompanied by assurances by multiple leaders and ministers that tribals will not be affected.
The panel has also recommended in the draft report that the deputy registrar or gram panchayat development officer should be the competent authority for marriage registrations.
Ahead of the 2024 Lok Sabha polls, Prime Minister Narendra Modi had indicated that 'one nation, one election' and Uniform Civil Code (UCC) will be implemented if he returned to power for the third term.
The BJP's push for the implementation of a Uniform Civil Code pre-dates its formation in 1980. It was in 1951 when the proposal was endorsed as a guiding principle of the Jana Sangh.
Paswan said the caste census should be part of the next census as specific data is often needed for adequate allocation of money for community-based development schemes. Courts also at times seek population data of different castes, he added.
The UCC has sparked intense debate for its provisions including mandatory registration of live-in relationships and restrictions on polygamy, amid ongoing efforts by other BJP-led states to enact similar laws.
The UCC, passed by the Uttarakhand Assembly in February, makes registration of live-in relationships and marriages mandatory.
Tribunals have faced criticism over the years for pendency of cases and delay in the appointment of members.
Speaking at a rally in the minority-dominated Jangipur constituency in Murshidabad district, Banerjee accused the BJP of resorting to divisive tactics in the face of anticipated defeat in the initial phases of polling.
Uttarakhand will need extra time to implement the Uniform Civil Code as a panel created by the state government, led by former chief secretary Shatrughna Singh, works to define its regulations.
By introducing uniformity in laws related to marriage, divorce, and inheritance of property across religious communities, Uttarakhand’s Uniform Civil Code proposes to bring gender equality in the state.
The BJP had said in its manifestoes for the 2014 and 2019 elections that it will implement the UCC in order to empower women, thereby adhering to the principle of gender justice.