The Uniform Civil Code came into effect in Uttarakhand on Monday, with Chief Minister Pushkar Singh Dhami inaugurating a manual of rules for the code and also launching an online portal for its implementation.

The code is a common set of laws governing marriage, divorce, succession and adoption for all citizens. Currently, such personal affairs of different religious and tribal groups are based on community-specific laws, largely derived from religious scripture.

Uttarakhand has become the first Indian state to have a Uniform Civil Code after Independence. A common civil code has been in place in Goa since the Portuguese Civil Code was adopted in 1867.

At the inauguration of the portal on Monday, Dhami said the code was a constitutional measure to end discrimination.

“Through this, an attempt has been made to give equal rights to all citizens,” said the Bharatiya Janata Party leader, adding that women’s empowerment would be ensured in its true sense with the code’s implementation.

“Through this, evils like Halala, polygamy, child marriage, triple talaq, etc., can be completely stopped,” the chief minister said. “We have kept our Scheduled Tribes mentioned under Article 342 of the Constitution out of this code so that those tribes and their rights can be protected.”

Nikah halala is a practice that allows a divorced Muslim woman to remarry her husband. Triple talaq allows a Muslim man to instantly divorce his wife by pronouncing “talaq” three times.

The Supreme Court of India ruled that Triple talaq was unconstitutional on August 22, 2017. The Parliament made the practice illegal and punishable on August 1, 2019.

Article 342 of the Constitution empowers the president to identify and specify which tribes or tribal communities are considered as Scheduled Tribes in a particular state or Union Territory, therefore defining who qualifies for benefits and protections reserved for Scheduled Tribes under the law.

“I would like to clarify again that the Uniform Civil Code is not against any religion or sect,” Dhami added. “There is no question of targeting anyone.”

The chief minister said that the minimum age for marriage had been set at 21 for boys and 18 for girls in all religions under the new code. “Second marriage is completely prohibited while the husband or wife is alive,” Dhami added.

Clear laws had also been made under the code regarding property division and child rights, Dhami said. “Under these laws, daughters have also been given equal property rights in all religions and communities.”

The BJP leader also noted that children born through live-in relationships would be considered to have equal rights in property division.

“In this law, registration for live-in relationships has been made mandatory,” Dhami said. “The registrar will give the information of the couple to their parents, this information will be kept completely confidential.”

The Uttarakhand Cabinet had approved the Uniform Civil Code draft report in a meeting chaired by Dhami on February 5, 2024.

Two days later, the Assembly passed the Bill by voice vote after debating it for two days. Lieutenant General Gurmit Singh, the state’s governor, approved the legislation on February 28 last year.

After this, the state government on February 24 formed a Rules Making and Implementation Committee.

On March 14, Dhami announced that President Droupadi Murmu had approved Uttarakhand’s Uniform Civil Code Bill.

The state Cabinet approved the rules manual for the Uniform Civil Code on January 20.

The aim of the Uniform Civil Code was to ensure equality and justice for women who may otherwise be denied their rights under patriarchal personal laws, Uttarakhand’s ruling BJP had claimed.

The introduction of a common personal law has for long been on the BJP’s agenda and several states ruled by the party have been making advances towards implementing it. The implementation of the rules in Uttarakhand could potentially set a precedent for other BJP-ruled states to follow suit.

In its campaign for the Uniform Civil Code, the BJP had mainly targeted Muslim personal law, arguing that it discriminated against women as it allows Muslim men to practice polygamy, inherit a greater share of property, initiate divorce and deny alimony.

However, legal experts have said that the bill is primarily drawn from Hindu personal law and could lead to the erasure of the personal law practices of minority communities.

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