Decoding Legal Uniformity: A Critical Perspective On Uttarakhand's Civil Code

Pravesh Shrimal, Babasaheb Bhimrao Ambedkar University, Lucknow (Central University)

Divyansh Saini, University Five Year Law College, University of Rajasthan

INTRODUCTION

A. Abstract

The Uniform Civil Code (UCC) in India, referenced in Article 44 of the Constitution, remains a topic of debate. The recent Uttarakhand Uniform Civil Code, 2024, has sparked fresh discussions on the UCC's role in India's diverse society. This paper examines the Uttarakhand UCC's legal and societal effects, assessing its suitability as a national UCC template. It argues that despite its goal to establish equality, the Uttarakhand UCC's constitutionality, effect on personal laws, and societal reception present challenges. These issues call for a broader, more consultative resolution approach.

B. Background on Uniform Civil Code (UCC) in India

Definition and Purpose of UCC

The Uniform Civil Code aims for a single, unified legal system, replacing varied personal laws based on religious doctrines. These laws cover marriage, divorce, inheritance, and adoption, applicable to all, regardless of faith.1 Its main objective is to ensure legal equality and national unity by eliminating discrimination inherent in diverse personal laws.