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Uttarakhand HC Questions State on UCC Amendments

February 27, 2025, 10:50 pm

The Uttarakhand High Court has asked the state government whether it is willing to make necessary changes to the recently implemented Uniform Civil Code (UCC). The court’s concerns arise from multiple petitions challenging the UCC’s provisions, particularly regarding live-in relationships and privacy issues.

Court Seeks State’s Response

A division bench of Justices Manoj Tiwari and Ashish Naithani posed this question to Solicitor General Tushar Mehta during a PIL hearing. Mehta appeared for the proceedings via video conferencing. The court has tagged all petitions related to the UCC and scheduled the matter for hearing on April 1.

Privacy Concerns in Live-In Relationships

One of the key issues raised in the PIL is the mandatory registration of live-in relationships. The petitioners argue that the details sought in the registration forms violate individuals’ privacy. Additionally, they claim that allowing police stations to store this data may lead to unwarranted domiciliary visits, disrupting the personal lives of couples.

The court emphasized that the police is a state agency and should not harass individuals.

Pregnancy Disclosure Requirement Under Scrutiny

Another provision under challenge is the requirement for a woman to announce her pregnancy status to terminate a live-in relationship. The petitioners argue that this infringes upon women’s rights and autonomy.

Previous Court Actions

Earlier, the court had given both the Centre and the state six weeks to respond to a similar plea against the UCC. Now, all related petitions have been grouped together for further hearings.

With the next hearing set for April 1, the state’s response to the court’s question regarding amendments to the UCC will be crucial in determining the future course of action.

Uttarakhand UCC: First Live-In Couple Registers Under New Law

February 5, 2025, 5:04 pm

Nine days after Uttarakhand implemented the Uniform Civil Code (UCC) on January 27, the first live-in couple has registered under the new law. Meanwhile, two other applications are currently under review, according to the state’s official website.

Confirming the development, Dehradun’s nodal officer for UCC, Abhinav Shah, said, “Applications have been submitted and will be reviewed by the registrars. There are set guidelines for the duties of sub-registrars and registrars, and actions must be taken within the stipulated time frame.”

Two of the live-in registration applications reportedly originate from Dehradun, the state capital. A police source revealed after initial scrutiny by the registrar, a police team would verify documents in the same procedure like passport verification.

Compulsory Live-In Registration Under UCC

Under the new UCC, couples who are already in a live-in relationship must register within a month of the law coming into effect. Otherwise, non-registration will attract penalties, including up to six months of imprisonment, a fine of up to ₹25,000, or both. Furthermore, a delay beyond the stipulated period will result in an additional fee of ₹1,000.

The law requires sub-registrars to scrutinize all documents within 15 days-three days in cases of urgency-and the registrars to dispose of appeals against the decisions of the sub-registrars within 60 days. Any violation of live-in or marriage registration laws must be reported to the police. If the registrars fail to act within the deadline, the case automatically goes to the registrar general, who must dispose of it within 60 days.

Legal Experts Cite Misinformation and Intrusive Process

According to experts, despite UCC, very few live-in registrations are occurring because of the “lack of awareness and an intrusive process.” According to a legal expert, “There is misinformation and several grey areas. Without clarification from the government, people remain hesitant, which is why no one is voluntarily coming forward.”

As of Tuesday evening, the UCC website recorded 359 marriage registrations and two will registrations, further highlighting the slow uptake of live-in relationship registrations.

The implementation of law is closely being monitored, so authorities expect to see a registration rise as word spreads and the process gradually smooths out.

Uttarakhand Becomes First State to Implement Uniform Civil Code: Key Changes Explained

January 27, 2025, 11:34 am

Establishing uniform laws for marriage, divorce, property, inheritance, and adoption, Uttarakhand plans to adopt a Uniform Civil Code. Nearly a year ago the state assembly’s Bill passed, and this project corresponds with a pledge the BJP made in the 2022 elections. Except for Scheduled Tribes, the Code seeks to provide equal rights and opportunities all across every group.

The new regulations mandate that live-in relationships be registered and under-21 years-old individuals have to have parental aut

horization. Not meeting registration stipulations could mean three months in jail or a Rs 25,000 fine, or both. Further punishment could result from delayed registrations.

Standardizing the marriage age at 21 for males and 18 for females hopes to encourage education first. Polygamy, child marriage, and triple talaq are all banned under the Code of Indian and a uniform divorce process is established. It also ensures that kids born from cohabitation are acknowledged as valid and therefore entitled to same inheritance possibilities. Inheritance rights do away with gender distinctions; both sons and daughters are called “children.”

Furthermore, the Code outlaw customs such nikah halala and iddat, followed by some Muslim societies after a woman’s divorce or her husband’s demise.

Issues and Challenges of Uniform Civil Code and Live-In Relationships

September 4, 2024, 2:24 am

Imagine a knock on the door at midnight, not because you are charged with sedition or tax evasion but because you are in a live-in relationship and haven’t registered it. This could happen to you in the Indian state of Uttarakhand. Under Section 378 of the Uttarakhand Uniform Civil Code, those who are in a live-in relationship are required to register it with the authorities. The Code has received the president’s assent and the state government says it will implement it as soon as possible.

Two questions arise: one about the content of the law and one about how it will be enforced. One of the substantive law questions is that of privacy and the requirement to register a live-in. This is especially relevant after the Puttaswamy opinion of the Supreme Court of India, which held privacy was a constituent of the fundamental right to life and liberty. Even if it is held that the state has the right to demand this information from citizens, the Code falters when it comes to basic procedural requirements.

The Code seems to ignore a foundational precept of administrative law — the rule of law. Rule of law is the opposite of the rule of the prince, meaning citizens should be governed by properly formulated laws rather than the whims of officials. In its most basic form, it stipulates that a person can only be held liable for actions which are a distinct breach of law and that public officials will always be guided by powers granted to them by law.

Legal philosopher Joseph Raz, a proponent of legal positivism — which does not see a necessary link between law and morality — argues that a citizen must be able to plan their lives and to do so they must know the sphere of freedom. For that, it is imperative to understand the coercive limits of state action in a particular circumstance.

Background
In India, the concept of Live-In Relationships has become increasingly common in recent years and the laws regarding live-in relationships in India are still evolving. Unlike in some other countries, live-in relationships are not recognized as a legal union under any law in India. However, the Supreme Court of India has held that living together as partners without getting married is not illegal or a criminal offense. Partners in a live-in relationship do not have the same legal rights as married couples, but they are entitled to some legal protection under certain laws. In this context, it is important to understand the legal framework governing live-in relationships in India to protect the rights of individuals in such relationships. In terms of legal rights, partners in a live-in relationship do not have the same rights as married couples. For example, partners in a live-in relationship cannot inherit each other’s property, and they do not have any right to maintenance in case of a separation. However, if a child is born out of a live-in relationship, the child has the same legal rights as a child born to a married couple. A live-in relationship is defined in section 3(4)(b) of the Code as one where a man and a woman cohabit in a shared household through a relationship “in the nature of a marriage”. The reason marriage is used as a marker is very simple. To be married, one must take an objective step — the wedding. This step, however it may look in its ritualistic form across cultures, has the same meaning for everyone and is understood as such.

In 2005, the Indian Parliament passed the Protection of Women from Domestic Violence Act, which provided legal protection to women who live with their partners in a relationship similar to marriage. The Act recognized the need to protect women who face domestic violence in live-in relationships and made provisions for them to seek legal remedies. The first time the legal system in India recognized live-in relationships was in 2010, when the Supreme Court of India passed a landmark judgment in the case of “Khushboo vs Kanniammal”. In this case, the court held that live-in relationships were not illegal or immoral, and that two consenting adults had the right to live together without getting married. In 2015, the Supreme Court of India made a landmark judgment in the case of D. Velusamy vs. D. Patchaiammal, where it recognized that a long-term live-in relationship could be considered a valid marriage under certain circumstances. The court also held that women in live-in relationships are entitled to maintenance from their partners after separation.

Challenges faced by the Couples in the Live-In Relationships in India
Although the concept of unmarried couples living together in India is becoming popular, especially in cosmopolitan cities, it’s not happening fast enough. Several sections of society still look at live-in relationships with scorn. In most cases, when you break it to your parents, their first reaction would be, “What is a live-in relationship?” Most Indians, especially the older generations, still look down upon live-in relationships as taboo. It is highly likely that your parents themselves fall into this category. For them, staying together is valid only after marriage and live-in doesn’t fit their perceptions. The problems being faced by the couples are assault, taunting, harassing, considering them criminals, and liable for spreading delinquency among youngsters for it. The serious difficulties being faced by the women as if the relationship gets to ended and there is no hope of reunion in such conditions it would be strenuous for her to once again be fixed in a knot with someone else and this typical minded background might be the scenario invent where no man is ready to marry her because of her previous reminiscence. Apart from this, there are many times when financial burdens are avail. Even though the live-in-relationship is not committed to papers but to love and loyalty for each other.

Uniform Civil Code and Live-In Relationship
The concept of marriage and cohabitation is increasingly being understood by the Indian court from a traditional perspective to modern existence in a changing society. There is an ominous shadow that hangs over the status of children born through such relationships. There are innumerable judicial cases where the law is inferred. Based on years of cohabitation, judges frequently assumed that long-term partners had recently been married.The Uttarakhand government introduced the Uniform Civil Code (UCC) Bill on 6 February, 2024 in the Legislative Assembly. Tabled by Chief Minister Pushkar Singh Dhami, the legislation seeks to “govern and regulate the laws related to marriage and divorce, successions, live-in relationships, and matters related thereto.” Uttarakhand’s Uniform Civil Code has made it mandatory for live-in couples to register themselves with the district officials, with parental consent for those below 21 years of age. According to the UCC Bill, the registration must be done within one month of the partners living together, and the failure to do so, will impose a jail term of at least three to six months, or a fine of 25,000 on the individuals, or both.Unlike earlier times, the Court now views live-in relationships differently, contending that they are not necessarily unlawful. Cohabitation is not prohibited, according to decisions made by the Supreme Court of Allahabad in instances like Payal Sharma v. Superintendent, Nari Niketan, and others. Additionally, it stated that while this may be morally wrong in society, it is not against the law. Morality and laws is not the same thing. The Supreme Court declared in the case of Patel and others that cohabitation between two adults who are not legally married cannot be considered a crime. It was also emphasised that there is no law presuming that cohabiting is prohibited.

Way Ahead
Everyone has the right to freely select their life partners with whom to start a family through marriage. Despite the difficulties, the goal of marriage is to establish a sense of connectedness. Although marriage does not ensure lifelong bliss, it does offer safety and legal status in society. An issue of privacy and individual rights, cohabitation arrangements should be changed. In the absence of regulation, Indian judicial wisdom has greatly advanced knowledge of cohabitation-related issues and upheld a fair stance. While it is true that society must adapt throughout time, moral standards and cultural norms shouldn’t be sacrificed in the name of progress. Consequently, there is a pressing need to teach the younger generation about the genuine meaning of marriage. Therefore, it is necessary to educate the present generation about the actual meaning of marriage and family and to help parents realise the importance of respecting their children’s wishes and goals by allowing them to select their own life mates. Last but not the least, there is need of a comprehensive law on live in relationship in India.

Dr.S.Krishnan is an Associate Professor in Seedling School of Law and Governance, Jaipur National University, Jaipur.

Ms. Rakshita Saini is 4th year student of BALLB in Seedling School of Law and Governance, Jaipur National University, Jaipur.

Jairam Ramesh Targets PM Over ‘Communal Civil Code’

August 16, 2024, 1:26 am

Targeting Prime Minister Narendra Modi over his “communal civil code” remarks during his address on Independence Day, Congress leader Jairam Ramesh said that the comments were an insult to Dr BR Ambedkar, who was the greatest champion of reforms in Hindu personal law.

Jairam Ramesh also said the Law Commission appointed by the BJP-led NDA government had said in 2018 that Uniform Civil Code “is neither necessary nor desirable at this stage”.
“The non-biological PM’s capacity for malice, mischief, and maligning of history knows no bounds. It was on full display today from the Red Fort. To say that we have had a “communal civil code” till now is a gross insult to Dr Ambedkar, who was the greatest champion of reforms in Hindu personal laws that became a reality by the mid-1950s. These reforms had been bitterly opposed by the RSS and the Jan Sangh,” Jairam Ramesh said in a post on X.

“And here is what the 21st Law Commission, appointed by the non-biological PM himself, had said in Para 1.15 of its 182-page Consultation Paper on Reform of Family Law, dated August 31st, 2018: While diversity of Indian culture can and should be celebrated, specific groups or weaker sections of society must not be dis-privileged in the process. Resolution of this conflict does not mean abolition of all differences. This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. Most countries are moving towards recognition of differences and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” the Congress leader added.
In his Independence Day speech, PM Modi said a large section of people feel that the current Civil Code resembles a Communal Civil Code and it is discriminatory.
He said laws that divide the country based on religion and foster discrimination have no place in modern society and after 75 years, it is crucial to move towards a “secular civil code”.

“In our country, the Supreme Court has held discussions regarding the Uniform Civil Code and has given orders several times. A large section of the country believes, and there is truth in this that the civil code that we are living with is actually a communal civil code in a way, a discriminatory civil code,” the Prime Minister said.“I believe that there should be a discussion on this serious issue across the country…Everyone should come forward with their suggestions. I would say that it is the need of the hour that there be a Secular Civil Code in the country…We have spent 75 years in the communal civil code.

Asaduddin Owaisi Compares Situation of Muslims in Modern India to Jews During Hitler’s era

May 4, 2024, 11:52 am

Chief Asaduddin Owaisi of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) compared the situation of Muslims in modern India to that of Jews in Germany during the time of Adolf Hitler’s regime.

“The situation of Muslims in today’s India is similar to the situation witnessed by Jews during Hitler’s era in the 1930s,” Owaisi said in an interview with ANI. The gas chamber was the final stage; there was a lengthy process involved, including hate speeches and the creation of films.”

He criticized the Prime Minister for labeling all minorities as “infiltrators” merely to secure electoral victories. “Our PM is saying that Mangalsutra will be removed from Hindu women and given to Muslims. 17 crore Muslims are being called infiltrators. Whether Modi ji will remain or not, the country will remain. The Total Fertility Rate (TFR) among Muslim women has fallen, this is the government’s own data. To win an election you are calling all minorities as infiltrators. Hitler also used to say the same thing to Jews that they were not original Germans. Does this language suit the Prime Minister?” Owaisi questioned.

Asserting that Muslims are the poorest demographic in the country, Owaisi expressed his readiness to substantiate this claim with data. “Is Modi the Prime Minister of only Hindus? They have a fight with Congress, why are we (Muslims) being brought in between? PM should tell that Muslims are the poorest in this country. I am ready to prove this with data,” he stated.

Owaisi further criticized the Prime Minister for neglecting to address significant national achievements in his speeches. “The message that has been sent to Muslims and secular Hindus, today they are saying what is going on? They are asking me why is he (PM) so frustrated? The question was raised so many times in Parliament, but the government does not have any data on infiltrators. The language that the Prime Minister is using today was used by Hitler in 1930. The people of the country will decide whether Modi will step down but he has made the youth of the country unemployed, not able to stop China, all these are issues,” he remarked.

Regarding the identification of Muslims based on their attire and family size, Owaisi likened it to the discriminatory practices against Jews during Hitler’s regime. “Now there is no need to even wear a cross as it was put on Jews during Hitler’s time. We are talking about a government that has systematically discriminated against every society, especially Muslims and Dalits,” he asserted.

Owaisi also criticized the Uniform Civil Code, arguing that one law cannot be applied universally. He termed Uttarakhand’s UCC law as “Very dangerous,” particularly its provisions restricting inter-religious marriages. “The UCC law of Uttarakhand is very dangerous. This law is just a way to distance Muslims from religion,” he concluded.

Karnataka Home Minister Rejects Uniform Civil Code, Emphasizes Constitutional Freedoms

April 12, 2024, 12:31 pm

Karnataka Home Minister and Congress leader Dr. G Parameshwara stated on Friday that the Constitution grants individuals the freedom to practice any religion of their choice and prohibits the implementation of laws like the Uniform Civil Code in a democratic nation.

“Our Constitution provides an opportunity to practice any faith you want to. You have also allowed those people to stay in India. They are born, brought up, and dying here and you try to meddle with their social life, and societal commitments. Do you want to call them second-set grade citizens in this country? The Constitution does not provide for such laws to be brought in and why do you want to send them to Pakistan? If they are against the law of the land, punish them,” stated the Congress leader to ANI.

Parameshwara strongly criticized the ruling government, stating that the BJP either does not regard India as a democratic nation or does not desire democracy. “BJP leadership thinks that this is not a democracy or they don’t want a democracy. That is why now we as Congressmen keep saying that democracy is in danger, protect the democracy,” he stated.

When inquired about the Agniveer scheme as a means to curb unemployment, the Karnataka Minister remarked that there is a recruitment cap in the Army, Navy, and Air Force. Therefore, the government should prioritize filling these existing vacancies.

“How will you do that? You already have a ceiling in the Army, Navy and Air Force that you can recruit only these many people. There are 30 lakh sanctioned vacant places in GoI. Why don’t you fill them? What stops you from filling those vacancies? Instead of Agniveer, already sanctioned vacancies are there in govt, fill them up and give them employment. There are people who are well qualified. My appeal to PM Modi is to fill these vacancies so that at least youngsters will get employment,” he stated.

The Agniveer Scheme, introduced in June 2022, is designed for the recruitment of soldiers within the armed forces. This scheme is specifically for enlisting soldiers, excluding officers. Those enlisted through the Agneepath scheme will be designated as Agniveers.

The scheme allows the three services to recruit young individuals aged between 17.5 and 21 years for a four-year term, with an option to retain 25% of them for an additional 15 years. In 2022, the upper age limit was increased to 23 years.

Karnataka, with its 28 Lok Sabha seats, is set to vote in two phases on April 26 and May 7. During the 2019 Lok Sabha elections, the Congress and JD-S alliance faced a defeat against the BJP, which secured a record 25 seats, leaving only one seat each for Congress and JD-S.

The 2024 Lok Sabha Elections are scheduled to occur in seven phases beginning April 19, with the vote counting slated for June 4.

CM Pushkar Singh Dhami introduces UCC bill in state assembly

February 6, 2024, 3:16 pm

Pushkar Singh Dhami, the chief minister of Uttarakhand, introduced the Uniform Civil Code (UCC) bill in the state legislature on Tuesday. Uttarakhand would be the first post-independence state to apply UCC if the assembly approves it and it becomes an Act. A four-day special session of the Assembly has been called from February 5-8 to pass the law regarding the Uniform Civil Code.

The Uttarakhand Cabinet gave its approval to the draft report of the Uniform Civil Code (UCC). Retired Supreme Court judge Ranjana Prakash Desai headed the UCC drafting committee. The UCC is a suggested collection of uniform laws designed for all inhabitants of Uttarakhand, irrespective of their religion, caste, or gender.

Key Highlights of Uttarakhand’s UCC Draft Report

The UCC aims to replace distinct personal laws related to marriage, divorce, adoption, and inheritance, guided by Article 44 of the Constitution, promoting a single set of personal laws applicable to all citizens. Key proposals include prohibiting polygamy, halal, iddat, triple talaq, and child marriage. The UCC also suggests a uniform age for girls’ marriage, equal rights for divorce, strict provisions for live-in relationships, mandatory registration, and consequences for non-compliance.

Some major points of drafts are given here:

The minimum age for marriage of girls in all religions will be 18 years and 21 years for men.
Equal rights for divorce between men and women.
Strict provisions have been made for live-in relationships when the Uniform Civil Code comes into force. If one does not follow the set standards, he/she will have to face financial penalty and may even have to go to jail.
Only an adult man and an adult woman will be able to live in a live-in relationship. That too if they are not already married or in a live-in relationship with someone else.
It is necessary to declare live in relationship or 6 months imprisonment for not getting live-in registration done.
Children born in live-in marriage have equal rights in property.
There are no conditions for a woman to remarry
Prohibition on polygamy, no second marriage while husband or wife is alive
Registration of marriage is necessary, there is no facility without registration.
Girls have equal rights in inheritance

Uniform Civil Code concern

With a focus on gender equality, the UCC draft aims to treat men and women equally in matters of inheritance and marriage, potentially extending a 25% property share to Muslim women.
The draft exempts Scheduled Tribes (STs), addressing their concerns about cultural identity and autonomy.
However, concerns have been raised about the UCC draft potentially infringing on fundamental rights of religious freedom and personal liberty. Critics argue that it imposes a uniform code without respecting India’s diversity.
Additionally, activists claim that the draft may not adequately address the issues and aspirations of the STs, posing a threat to their cultural identity and autonomy.

What is Article 162?

Article 162 of the Indian Constitution suggests that the constitution of a committee to introduce and implement the UCC cannot be challenged as ultra vires, given the executive power of the State and the legislative authority regarding the Concurrent List.

Uttarakhand CM Pushkar Singh Dhami tables Bill on Uniform Civil Code in State Assembly

February 6, 2024, 10:23 am

Uttarakhand Chief Minister Pushkar Singh Dhami-led government tabled the Uniform Civil Code Bill in the state legislative assembly on Tuesday.

The ongoing special four-day session of the assembly began on Monday. “Vande Mataram and Jai Shri Ram” slogans raised by MLAs inside the State Assembly after Dhami tabled the bill. The House was then adjourned till 2 pm.

The bill, approved by the Uttarakhand Cabinet, aims to establish uniform civil laws for all communities in the state.

Union Minister for Law and Justice Arjun Ram Meghwal emphasized that the Uniform Civil Code is currently undergoing a consultation process and review by the Law Commission of India.

The proposed code covers various legal aspects, including marriage, divorce, land, property, and inheritance laws, applicable to all citizens regardless of their religious affiliation.

The passage of the UCC Bill fulfills a significant commitment made by the BJP in the lead-up to the 2022 Assembly polls in the state.

The government’s decision to create a committee for drafting the UCC was initiated in March 2022.

Before this a draft of the UCC was handed over to the Chief Minister by the five-member committee headed by retired Justice Ranjana Prakash Desai.

The enactment of the UCC Bill will signify the realization of a significant commitment made by the BJP to the state’s residents leading up to the 2022 Assembly elections.

In March 2022, the Dhami administration opted to establish a committee tasked with crafting a draft for the Uniform Civil Code.

Uttarakhand: Uniform Civil Code panel tenure extended by 4 months

September 23, 2023, 7:45 pm

The duration of the expert committee responsible for drafting a Uniform Civil Code (UCC) for Uttarakhand has been prolonged by four months.

A statement from the Chief Minister’s office announced, “The Uttarakhand government has granted a four-month extension to the expert committee led by Justice Ranjana Prakash Desai for the Uniform Civil Code.”

The committee was established on May 27, 2022, and this marks the third instance of an extension being granted to a committee initially set to conclude its work by September 27. Although the committee has compiled a draft after considering public input, it has not yet submitted its report to the government, according to the statement.

The expert committee had submitted a proposal requesting a four-month extension, which was subsequently approved by Chief Minister Pushkar Singh Dhami. Additional Secretary (Home) Radha Raturi, on behalf of the Chief Minister’s office, issued the order to extend the committee’s tenure by four months.

In a previous statement in August, Chief Minister Dhami affirmed that the UCC would be implemented in the state as soon as the draft was completed.

“It is our resolution to bring the Uniform Civil Code as soon as possible. When we get the UCC draft, we will take this process forward this year. We will move ahead to implement it,” Dhami told the media.

Kerala Assembly Session: CM Vijayan to introduce a resolution against Uniform Civil Code in Assembly

August 8, 2023, 10:46 am

The Left Democratic Front (LDF) government in Kerala, which is presided over by Chief Minister Pinarayi Vijayan, plans to introduce a resolution in the State Assembly demanding that the Centre drop its plan to enact the Uniform Civil Code (UCC) across the nation.

The CPI(M)-led LDF and Congress-led United Democratic Front (UDF) alliance have both already opposed the UCC. Both fronts have held seminars
BJP does not have any MLA in the assembly.
Earlier last month, Union Minister Rajeev Chandrasekhar accused Vijayan’s LDF government and the Congress of instilling fear in the minority community over the proposed Uniform Civil Code.

“The Left and the Congress are trying to indulge in fear-mongering among the minorities in Kerala. This is the only trick up their political sleeves, to keep spewing lies. Our government believes in ‘Sabka Saath, Sabka Vikas, Sabka Vishwas’,” the Union minister said.
Chief Minister Vijayan had previously said that the Uniform Civil Code (UCC) is on the “electoral agenda” of the Bharatiya Janata Party (BJP).
“Triggering debates around Uniform Civil Code is an electoral ploy by Sangh Parivar to press their majoritarian agenda for deepening communal divide. Let’s oppose any attempts to undermine India’s pluralism and support reforms through democratic discussions within communities,” the Kerala CM had tweeted.
He further urged the Union Government and the Law Commission to withdraw the motion and not forcefully implement the same.
“Central Government and Law Commission should withdraw the move to impose a Uniform Civil Code,” he said.

He added that any religion’s reform movements have developed from within. An executive order won’t be able to solve the problem. The Law Commission determined in 2018 that UCC was neither necessary nor desirable at this point. The Law Commission has received more than one crore suggestions regarding the Uniform Civil Code, according to Union Law Minister Arjun Ram Meghwal.

No decision on implementation of Uniform Civil Code as of now: Kiren Rijiju

February 2, 2023, 7:01 pm

SC seeks Centre’s reply on feasibility of Uniform Civil Code

September 6, 2022, 11:15 am

The Supreme Court on Monday ordered the Centre to make its stand clear on the viability of enacting a Uniform Civil Code (UCC) in the country within three weeks.

When addressing a number of petitions seeking uniformity in the laws governing succession, adoption, guardianship, and maintenance, a bench made up of the Chief Justice of India (CJI) U. U. Lalit and justice S. Ravindra Bhat noted that these issues are various “facets” of the UCC and instructed the Center to file its response on each aspect separately.

“These petitions are seeking common marriage, divorce, adoption, succession, and maintenance laws. What is the difference between these matters? They are all facets of the Uniform Civil Code, “the bench said.”

It also added, “Let a comprehensive response be filed, indicating the stand of the Union government in respect of the issues raised in this batch of petitions.”

Ashwini Kumar Upadhyay, a lawyer and BJP leaders, and Lubna Qureshi, another petition, have pointed out irregularities in the various divorce, marriage, succession, adoption, and support rules that apply to different religious.

In his plea, Upadhyay sought uniformity in the grounds on which divorce is granted. Adultery is a problem for Hindus, Christians, and Parsis but not for Muslims, he said.

Likewise, incurable leprosy is a ground of divorce for Hindus and Muslims but not for Christians and Parsis. Also, underage marriage is a ground of divorce for Hindus but not for Christians, Parsis, and Muslims, “he added.

In the case of adoptions, only Hindus have a codified law under which an adopted child has the right to inherit property and be recognised as a biological child of the adoptive parents, Upadhyay said. He said the case is not the same for Muslims, Christians, and Parsis.

Upadhyay’s petition also said women across religions ought to be treated equally. He said that religious practises which deny them their fundamental rights should not be protected.

“We are considering what response the Centre will file and what kind of judicial process we can issue in this matter. Assuming we might issue a mandamus (writ giving a direction), “Can we issue a mandamus itself is in question and also whether you intend to place such a bill in Parliament,” the bench said.

Appearing for the Centre, solicitor general Tushar Mehta said it would essentially be a question of law. “If need be, we will put in a reply in three weeks,” he said.

Opposing the pleas, the All India Muslim Personal Law Board and a Muslim woman, Amina Sherwani, filed intervention applications in the top court, alleging attempts were being made to bring in the UCC through the backdoor.

In appearing for the Muslim Personal Law Board, senior advocate Huzefa Ahmadi, along with advocate M R Shamshad, said Upadhyay, in 2015, had raised similar prayers in a writ petition filed in the top court, from which he withdrew.

The BJP leader later filed a petition seeking enforcement of the UCC before the Delhi high court, which is still pending, the lawyers said.

Huzefa told the bench that the petitioner should be asked to produce the record of his earlier plea because he had neglected to include this fact in the current batch of petitions.

Although the Supreme Court had previously encouraged the centre to consider creation a UCC, the judiciary has left it to the legislative branch’s wisdom rather than stepping into the purview of parliament.

Taking note of the submissions, the bench told Upadhyay: “You should be fair to this court. Check your petition and file the same before us on the next date of hearing. “

Upadhyay said his earlier petition was on implementing Article 44 of the Constitution, which says “the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

I am not seeking UCC. In these petitions, I have endeavoured to show anomalies that exist in the country which make laws on marriage, divorce, adoption, maintenance, and succession apply differently to women of different religions. “This violates their fundamental rights under Articles 14 (equality), 15 (right against discrimination) and 21 (life and liberty),” he said.

To this, the bench said: “Even matrimonial issues are one of the facets of UCC.”

The Muslim Personal Law further let the court know that the same petitioner had preciously contested “nikah halal” and other types of Muslim marriage, and that he is currently pleading similar arguments before a constitution bench.

The court demanded information on the Supreme Court’s pending cases requesting uniform marriage laws and ordered that they be filled alongside the current batch of petitions.