How similar are Uttarakhand, Gujarat and Assam’s Uniform Civil Codes?
As West Bengal is set to table a UCC bill, here is a comparison on the existing UCCs of Uttarakhand, Gujarat, and Assam
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Context
West Bengal is preparing to introduce a Uniform Civil Code (UCC) Bill, joining Uttarakhand, Gujarat, and Assam in enacting state-level UCCs to govern personal matters like marriage, divorce, succession, and live-in relationships. These state laws aim to replace varied religious personal laws with a common set of rules, though they face criticism for ignoring the evolving legal recognition of "atypical" family structures, particularly LGBTQIA+ families.
UPSC Perspectives
Polity
The push for a Uniform Civil Code stems from under the Directive Principles of State Policy, which urges the state to secure a UCC for citizens. The recent state-level laws (Uttarakhand's enacted, Assam and Gujarat's pending) unify personal laws regarding marriage age (21 for men, 18 for women), prohibit polygamy, and standardize divorce and inheritance, superseding religion-specific laws like the and uncodified Muslim personal law. Notably, these codes exempt Scheduled Tribes (under and ) to protect customary laws. This creates an interesting federal dynamic, as personal law is in the Concurrent List (Entry 5), allowing states to legislate, provided they receive Presidential assent to override central laws. UPSC often asks about the balance between the directive principle of and the fundamental right to freedom of religion under .
Social
The implementation of these UCCs significantly impacts social structures, particularly regarding gender equality and women's empowerment. By abolishing practices like polygamy and nikah halala, and establishing equal inheritance rights for sons and daughters irrespective of religion, the codes address historical gender disparities within personal laws. The mandatory registration of live-in relationships, while aiming to protect women (e.g., enabling claims for maintenance if deserted), is viewed by some critics as moral policing and an infringement on autonomy. Furthermore, the codes strictly define marriage and family in traditional terms, ignoring the concept of legal pluralism where different communities follow distinct customs.
Governance
A critical tension highlighted in the article is the gap between these new statutory UCCs and the evolving jurisprudence of the Supreme Court regarding family structures. In rulings like and the , the Court recognized that families take "atypical manifestations" (like unmarried partnerships or queer relationships) which deserve legal protection, emphasizing autonomy and personal liberty under . By failing to recognize same-sex couples or non-traditional family units, the state-level UCCs appear misaligned with this progressive judicial interpretation of fundamental rights. This raises questions about the inclusivity of the proposed civil codes and whether they truly reflect a uniform application of rights for all citizens, including the LGBTQIA+ community.