INTRODUCTION
The controversy over UCC has been continuing since the days of the framing of the Indian Constitution. Article 44 of the Constitution (Chapter IV on Directive Principles of State Policy) says that “the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”[1] Although not a legally binding document, it articulates the vision of its authors to attain some commonality in the legislation on marriage, divorce, inheritance, and family rights.[2]
Which are still ruled by different personal laws in India. The implementation of the Uniform Civil Code of Uttarakhand, 2024, which only came into force a few months ago, is the very first concrete legislative movement made by any Indian state toward that constitutional dream.
BACKGROUND AND COMMITTEE FORMATION
In May 2022, the Uttarakhand government constituted an expert committee under the chairpersonship of The Uttarakhand government in May 2022 formed an expert committee headed by former Supreme Court judge Justice Ranjana Prakash Desai to study the feasibility of UCC. The panel held extensive consultations across the sections and received over 400,000 responses.
It submitted its report in February 2024, recommending a comprehensive civil code applicable to all residents of Uttarakhand, with an exclusion carved out for Scheduled Tribes.
LEGISLATIVE MILESTONE
The Uniform Civil Code of Uttarakhand Bill, 2024,[3] was passed unanimously by the Uttarakhand Legislative Assembly on 7 February 2024. The bill was approved by the President on March 13, 2024, and was enacted on January 27, 2025, after the notification of implementation rules. The act has 392 sections and 7 schedules. It includes marriage, divorce, adoption, succession, live-in relationships, maintenance, guardianship, and custody that would apply to all irrespective of religion uniformly.
SALIENT FEATURES OF THE UTTARAKHAND UCC
Uniform marriage age has been fixed at 21 years for males and 18 years for females, and marriage registration is now compulsory within sixty days. It bans polygamy, polyandry, and child marriage. Adultery disappears from the code, which secularises and simplifies divorce, severing it from religious tradition.
One of the most contested provisions in the code is that it legally accepts live-in relationships. The law requires registration of live-in relationships within a month of cohabitation.
These relationships result in criminal prosecution and imprisonment for three months or a fine of Rs 25,000, or both, if one fails to report them to the police. The intent behind the provision invoked in this case is to give security and protection to the people on one hand and the need for transparency and accountability on the other, which has also made it controversial, and several petitions were filed in the Uttarakhand High Court.
The law also guarantees gender equality in terms of inheritance and succession. It provides sons and daughters with equal inheritance rights and removes the distinction between legitimate and illegitimate children. Adopted children and children born from commercial surrogacy or live-in relationships shall have the same rights as a biological offspring born within wedlock.
Significantly, the code abrogates religious practices for divorce, such as triple talaq, nikah halala, and iddat, creating a common secular code over matrimonial law.
But the law specifically excludes the Scheduled Tribes from its purview to protect their customs to honour the protective discrimination enshrined under Article 371 of the Constitution.[4] This exclusion has raised the issue of foul play over ‘uniformity’ that the code aims to hamper.
LEGAL AND CONSTITUTIONAL CHALLENGES
Several challenges have been made to the mandatory registration of live-in relationships, shedding light on its violation of the right to privacy under Article 21.[5] Which are pending before the Uttarakhand High Court. The High Court has sought responses from the Centre and the State.
On the other hand, bar associations in Uttarakhand have opposed the delegation of registration work to the Common Service Centres, saying it was derogatory to the importance of legal professionals and violates the provisions of the Registration Act, 1908.[6]
The legislation has also been condemned by political parties and religious institutions. It is contended that the code discriminates against Muslim personal law and is discriminatory against Scheduled Tribes and is therefore in violation of Article 14[7] and Article 25.[8]
Furthermore, questions have been raised about whether a state legislature has the competence to legislate on personal law matters, which fall under the Concurrent List.
JUDICIAL PERSPECTIVES
Indian courts have repeatedly held that a UCC would reconcile personal laws with the ideals of equality and secularism in the Constitution. In Sarla Mudgal v Union of India[9], the SC emphasised the necessity of UCC to avoid exploitation under clashing personal laws. Similarly, in the case of Mohd. Ahmed Khan v. Shah Bano Begum,[10] The Court reaffirmed the right of maintenance to a divorced Muslim woman under Section 144 BNSS[11] (Earlier section 125 CrPC) and emphasised the implementation of a common law for the protection of women’s rights, irrespective of religion.
It was only in Joseph Shine v. Union of India[12] that the Court decriminalized adultery, holding that personal laws could not violate constitutional guarantees of dignity and equality. Those cases are the constitutional underpinning of UCC-like reforms under contemporary secular jurisprudence.
COMPARATIVE AND NATIONAL PERSPECTIVES
Goa is the only Indian state with a UCC in force because it was first enrolled (with a handful of exemptions) by the Portuguese in the 19th century as a part of the Goa Family Law. But that it only pins such value on a sliver of the population makes it a poor model for the country.
The 21st Law Commission (in 2018) had a similar stance—no to a blanket application of UCC and to start with piecemeal reforms in personal law to bring about equality.[13] The reconstituted 22nd Law Commission, on the other hand, has started fresh consultations with stakeholders on the subject.[14]
IMPLEMENTATION AND CURRENT STATUS
Although it has been criticised and is currently under judicial scrutiny, the first phase of the Uttarakhand UCC is being well-respected. Till the end of April 2025, more than 1.5 lakh marriages have been registered under the code.[15]
But there are very few live-in relationship registrations to date, and no penalty for non-registration so far. Whether the code works will depend on how judicial analysis steers its provisions and whether it receives broader public and political backing. Finally, its long-term success will also be contingent on how easily it can be modified by other states and perhaps the centre.
CONCLUSION
Uttarakhand’s Uniform Civil Code, 2024, is a game changer in the Indian legal context. It is when the constitutional aspiration of Article 44[16] is born into legislation. It offers gender neutrality, legal certainty, and streamlined administration, but needs to withstand constitutional attacks based on privacy, religious freedom, and the scope of legislative power.
As the country comes closer to a probable UCC, the Uttarakhand model is a template and a warning at the same time. Future reforms must balance the need for uniformity with the constitutional values of diversity, secularism, and individual liberty. The UCC must not become a tool of majoritarian uniformity but a code of justice rooted in equality, inclusivity, and the rule of law.
Author(s) Name: Anurag Kumar (Chanakya National Law University)
References:
[1] Constitution of India 1950, art 44.
[2] Sarla Mudgal v Union of India AIR 1995 SC 1531.
[3] The Uniform Civil Code of Uttarakhand, 2024, Act No 1 of 2024.
[4] Constitution of India 1950, art 371.
[5] Times News Network, ‘Uttarakhand HC asks Centre to respond to UCC challenges within 3 weeks’ Times of India (Dehradun, 20 May 2025) https://timesofindia.indiatimes.com/city/dehradun/uttarakhand-hc-asks-centre-to-respond-to-ucc-challenges-within-3-weeks/articleshow/121296831.cms accessed 12 June 2025.
[6] Registration Act 1908
[7] Constitution of India 1950, art 14.
[8] Constitution of India 1950, art 25.
[9] Sarla Mudgal v Union of India AIR 1995 SC 1531.
[10] Mohd Ahmed khan v Shah Bano begum AIR 1985 SC 945.
[11] Bharatiya Nagarik Suraksha Sanhita 2023, s 144
[12] Joseph Shine v Union of India (2019) 3 SCC 39.
[13] Law Commission of India, consultation paper on reform of family law (law com no 21, 2018).
[14] Law Commission of India, public notice for views on uniform civil code (21 june 2023) https://lawcommissionofindia.nic.in/ accessed 12 june 2025.
[15] Times News Network, ‘Over 1.5 lakh registrations under UCC in U’khand in 4 months: Dhami’ Times of India (Dehradun, 25 May 2025) < https://timesofindia.indiatimes.com/city/dehradun/over-1-5-lakh-registrations-under-ucc-in-ukhand-in-4-months-dhami/articleshow/121394416.cms > accessed 10 June 2025.
[16] Constitution of India, art 44
