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Recently passed State Legislation From Wikipedia, the free encyclopedia
The Uniform Civil Code of Uttarakhand Act, 2024 is legislation to establish a common set of personal laws governing matters such as marriage, divorce, adoption, inheritance, and maintenance for all citizens of Uttarakhand, regardless of their religion, gender, caste, or sex.[1][2][3]
This article may require copy editing for grammar, style, cohesion, tone, or spelling. (April 2024) |
The Uniform Civil Code of Uttarakhand Act, 2024 | |
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Legislative Assembly of Uttarakhand | |
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Citation | Act No. 01 of 2024 |
Territorial extent | Uttarakhand |
Enacted by | Legislative Assembly of Uttarakhand |
Enacted | 7 February 2024 |
Legislative history | |
Bill title | The Uniform Civil Code of Uttarakhand Bill,2024 |
Bill citation | Bill No. 02 of 2024 |
Introduced by | Pushkar Singh Dhami |
Introduced | 7 February 2024 |
Voting summary |
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Finally passed both chambers | 7 February 2024 |
Summary | |
A Law to govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and matters related thereto. | |
Status: In force |
Uttarakhand is the first state in India to enact a law on the Uniform Civil Code. Chief Minister Pushkar Singh Dhami has described it as a "historic moment" for the country.[4]
Article 44 of the Constitution of India lays down that the State shall endeavour to implement a Uniform Civil Code. The Implementation of Uniform Civil Code in Uttarakhand was one of the key promises of the Bharatiya Janata Party in 2022 Uttarakhand Legislative Assembly Elections.[5]
In 2022, the Government of Uttarakhand constituted a five-member expert committee, headed by former Supreme Court judge Ranjana Prakash Desai, to study and draft a UCC law for the state.[6]
The Committee therefore asked for Public suggestion in which it received 60,810 suggestions regarding the drafting and implementation. On 2 February 2024 the committee submitted its report to the Chief Minister Pushkar Singh Dhami.[7][8]
On 4 February 2024 the Council of Ministers headed by the Chief Minister approved the Committee's Report.[9][10]
The Uniform Civil Code Act, 2024, implemented in Uttarakhand, applies to all individuals residing in the state except for members of scheduled tribes. Here is a breakdown of its key provisions:
Marriage and Divorce:
Inheritance and Succession:
Live-in Relationships:
Additional Provisions:
Exemptions:
The passage of the UCC Act in Uttarakhand has elicited a wide range of reactions, both positive and negative. BJP and its allies viewed the UCC as a progressive step towards achieving equality and eliminating discriminatory practices based on religion.[21] They believe it will promote national integration and simplify the legal system while the oppositions argues that the UCC infringes on the religious and cultural rights of minorities, particularly regarding marriage, inheritance, and personal laws. They raise concerns about its potential to homogenize diverse traditions and undermine social harmony.[22][23]
Chief Minister Dhami termed the passage of the bill as "Historic" while the Opposition said that they were not given sufficient time for discussion.[24] [25]
The Muslim community leaders apprehension about the impact of the UCC on their existing personal laws, highlighting concerns about safeguarding their cultural identity and traditions.[26]
The All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi said the UCC is "an attack" on the religious and cultural rights of minorities, particularly Muslims.[27][28] He argues that it "imposes a Hindu code" on all citizens, neglecting the diverse personal laws practiced by different communities. He questions the constitutionality of the UCC, claiming it violates Article 25 and Article 29, which guarantees freedom of religion and cultural rights.[29][30]
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