Good/Bad start: U’khand’s UCC ticks some boxes. But it also encourages moral policing & coddles a few social taboos

Uttarakhand on Tuesday tabled a bill to introduce a uniform civil code (UCC) in the state. This paper has long argued for UCC as the best way to bring about gender justice in marriage, divorce and inheritance across communities. Uttarakhand, therefore, has shown the right intent. But not always the right spirit.

States have the right | There’s no legal bar on Uttarakhand enacting a UCC. States have earlier taken the initiative to offset discriminatory personal laws. For example, Kerala in 1975 reformed Hindu law to give women equal inheritance rights. Other southern states and Maharashtra followed suit.

Not quite uniform | This UCC keeps tribals out of its purview. That however is not the only exception. A sound UCC should not provide bypasses in its application. Uttarakhand fails on this count.
For example, it details a list of “degrees of prohibited relationship” based on customs of some communities. The bar on marriage under this custom applies only to people who belong to groups where it’s been practised. Others are exempt. Application of this will be tricky.

Privacy matters | The state’s marriage register is open to scrutiny by any person. Why? And how does it help in reforming personal laws? In a digital era, state authorities can instantaneously verify the marital status of every applicant to ensure polygamy is prevented. Allowing unrelated people to poke around will only encourage vigilantism.

Buckling under social tyranny | Sections governing live-in relationships are the most regressive parts of the bill. UCC has no business in trying to regulate live-in relationships. These sections of the bill are a thinly veiled attempt at moral policing. For example, a delay in registration of live-in relationships can even lead to imprisonment and fines. A law should lay out the rights of an individual against other individuals and also society at large. By this measure, provisions on live-in relationships mimic a medieval social code rather than a modern law.

Can’t let go | Uttarakhand’s UCC also covers residents who live outside the state, they are even encouraged to register live-in relationships. In a country where migration is increasing, states shouldn’t exercise this level of control.
UCC does well to end polygamy and bring about a greater level of fairness in inheritance across communities. However, what India needs is a national UCC instead of patchy efforts.

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