THE UNIFORM CIVIL CODE OF UTTARAKHAND: A LEGAL & CONSTITUTIONAL ANALYSIS

The Uniform Civil Code (UCC) in India, as envisioned in Article 44 of the Constitution, seeks to unify personal laws across diverse communities to ensure equality and justice. The Uttarakhand UCC, 2024, represents the first state-level implementation of this vision, sparking intense debate over its constitutionality, inclusivity, and social impact. This paper critically examines the Uttarakhand UCC’s legal framework, highlighting its progressive elements such as prohibitions on polygamy and child marriage, equal inheritance rights, and mandatory registration of live-in relationships. However, it also exposes significant limitations, including exemptions for Scheduled Tribes, the perpetuation of gender biases in marriage age, and controversial regulatory provisions on personal relationships.

The research emphasizes the Code’s potential to conflict with central laws, infringe on fundamental rights, and undermine India’s pluralistic ethos. By analyzing the Uttarakhand UCC in the context of Goa’s Portuguese Civil Code and historical UCC debates, the paper underscores the challenges of implementing uniform laws in a diverse society. It advocates for gradual and inclusive reforms to address discriminatory practices in personal laws, promoting gender justice and social harmony while respecting cultural diversity.

Ultimately, the paper calls for an iterative, participatory approach to UCC implementation, balancing equality and individual freedoms with India’s constitutional values of secularism and diversity.