It was a sultry day on July 3, 2021, and the political temperature in the hill State of Uttarakhand was equally hot as the ruling Bharatiya Janata Party (BJP) was set to announce a new Chief Minister, third one in the past four months. Names of bigwigs were making rounds in the political corridors and channel rooms as it was being anticipated that the saffron party would choose a popular figure for a stable government in the politically unstable State. But the party high command in Delhi followed its precedent of throwing surprises and chose the then 45-year-old Khatima MLA, Pushkar Singh Dhami, for the top job.

Equally surprised by the announcement like others, Mr. Dhami termed himself mukhya sevak (chief servant) as he expressed gratitude to the party leadership for nurturing him as a politician and electing ‘a two-time MLA’ as the youngest CM of the State. Ever since, his rise has been steady.

Last week, under Mr. Dhami’s leadership, Uttarakhand became the first Indian State to roll out the controversial uniform civil code, almost a year after the State assembly passed the Uttarakhand Uniform Civil Code (UCC) Bill, 2024.

Born on September 15, 1975 in a remote village in Pithoragarh district of the undivided Uttar Pradesh, Mr. Dhami became the first in the family to complete post-graduation. He finished a law degree in Lucknow University, followed by a PG in human resource management and a PG diploma in public administration. He started going to the Shakha of the Rashtriya Swayamsewak Sangh (RSS) while being a student at the university.

In Lucknow, Mr. Dhami met Bhagat Singh Koshiyari, the second Chief Minister of Uttarakhand, who lastly served as the Governor of Maharashtra. The two shared the same caste, Thakur, and hailed from the Kumaon region of present-day Uttarakhand. Mr Koshiyari told The Hindu that he, in the very first meeting, saw a ‘leader’ in Mr. Dhami’s personality who had joined the Akhil Bharatiya Vidyarthi Parishad (ABVP, the student wing of the RSS) in the early 1990s. BJP insiders call Mr. Koshiyari the political guru of Mr. Dhami, but the former CM humbly denies the same.

Path to power

Between 2002 and 2012, Mr. Dhami worked for the party in the back-end, and patiently waited for the right opportunity to come to the forefront. BJP leaders who are in the current Cabinet of Mr. Dhami had denied him a ticket in 2007, says a party insider. The party, however, made him president of the Bharatiya Janata Yuva Morcha (BJYM, the youth wing of the BJP) for two terms from 2002 to 2008.

It was in 2012 that Mr. Dhami became an MLA for the first time, from the Khatima constituency. Ever since, he has remained one of the 70 lawmakers in the Uttarakhand Assembly.

After he was chosen as the Chief Minister, Mr. Dhami knew that the journey ahead would not be smooth as his predecessors failed to finish their tenures for various reasons, including the resentment of the party cadre and legislators. Known for adapting to the ‘good qualities’ of the seniors, Mr. Dhami became another N.D. Tiwari (the third CM of Uttarakhand) who was famous for “meeting and greeting” both the party and opposition leaders, says a BJP functionary.

His people-friendly approach earned him admirers and supporters and strengthened his position in Delhi. In the 2022 elections, even after Mr. Dhami lost his own constituency, he kept the Chief Minister’s post, becoming the first leader in the history of the hill State to get two consecutive terms. Later, he contested and won from Champawat.

In his tenure of over three-and-a-half years, he brought stringent laws such as anti-cheating law, Uttarakhand Public and Private Property Damage Recovery (Ordinance) Act and now the much talked-about Uniform Civil Code. Mr. Dhami says its just a start and he will continue walking down the path shown by the party, which has “fulfilled” its promises of Ram temple construction in Ayodhya, revocation of the special status for Jammu and Kashmir, among others.

Guwahati:

Uttarakhand has become the first state in the country to implement UCC, but the Chief Minister of another hill state has ruled out a similar step. The implementation of Uniform Civil Code is neither practical nor appropriate, given the country’s diverse cultural and tribal communities, Meghalaya Chief Minister Conrad Sangma said today.

He, however, acknowledged that certain aspects of civil laws could be made uniform while protecting the rights of indigenous communities.

Pointing at Uttarakhand, which became the first state to implement the UCC while excluding tribal customs from its purview, Mr Sangma said in a country as diverse as India, a Uniform Civil Code is not viable. 

His statement comes amid growing debates on the UCC, with Assam expressing interest in following Uttarakhand’s lead in implementing the code.

“A Uniform Civil Code, as a concept of making sure that everything becomes uniform, is not possible in India,” Mr Sangma said.

“There are tribal and indigenous communities with unique practices that may not align with the uniformity. To impose uniformity on every aspect of life, across all communities, would not be correct,” he added.

To explain the situation, he further added: “If a bill at the national or state level were to declare that the entire country should adopt a matrilineal system, Meghalaya would support that, because we are a matrilineal society. It all depends on the content of the bill – what aspects are being made uniform and in what way”.

“For us, as a state government, we are very clear. The Uniform Civil Code is not on our agenda. We respect the diverse identities of our tribal communities, and their traditional practices must be protected,” he added. 

Mr Sangma had made it clear earlier also that his government will not support the UCC.

Two years ago, a tribal council in Meghalaya unanimously passed a resolution to oppose the implementation of the UCC in areas within its jurisdiction.

Uttarakhand has become the first state in India to implement a Uniform Civil Code (UCC), aiming to simplify and standardize personal laws related to marriage, divorce, succession, and inheritance.
The UCC applies to all residents of Uttarakhand, except Scheduled Tribes and protected authority-empowered persons and communities.

Underscoring that the Uniform Civil Code or UCC will strengthen the spirit of democracy, Prime Minister Narendra Modi Tuesday hailed it as “Secular Civil Code”, a day after Uttarakhand became the first state to implement the law. 

“Yesterday, Uttarakhand became the state to implement the Uniform Civil Code…I congratulate the Uttarakhand government for this. It will strengthen the spirit of democracy and the Constitution,” said the PM after inaugurating the 38th National Games in Dehradun.

“UCC has same team spirit as sports, discrimination against none,” said the Prime Minister.

The introduction of a Uniform Civil Code to replace laws on marriage, divorce and inheritance has been a longstanding goal of PM Modi and his party, the BJP. Muslim leaders and critics say the UCC challenges Islamic laws on divorce, marriage and inheritance.

On Monday, Vice President Jagdeep Dhankhar said one state has made Uniform Civil Code a reality and it is only a matter of time that the “entire country will have similar legislation”.

“Some people, out of ignorance, are criticizing the Uniform Civil Code. How can we criticize something which is mandate of the Indian Constitution, an ordainment emanating from our founding fathers, something that has to bring about gender equality?” the Vice President said yesterday.

In December, Union Home Minister Amit Shah told Rajya Sabha that every state with a BJP government would bring in the Civil Code the way it was done in Uttarakhand. The promise of the UCC was included in the BJP’s election manifesto for the 2024 Lok Sabha Elections.

Other BJP-ruled states such as Uttar Pradesh and Madhya Pradesh have signalled plans to bring in their own civil codes.

New Delhi:

Uttarakhand will implement a Uniform Civil Code from January 27, laying a framework for uniform marriage, divorce, property, inheritance and adoption laws for all citizens. It will become the second state after Goa to have a uniform legal framework for citizens.

Implementation of the Code comes almost a year after the Bill was passed in the state Assembly, one of the BJPs key electoral promises in the 2022 polls. Among the clauses is the mandatory registration of live-in relationships and parental consent for live-in relationships involving individuals under the age of 21 years. The rule will apply to “any resident of Uttarakhand… in a live-in relationship outside the State”.

Failure to submit live-in relationship declarations, or providing false information, could land a person in jail for three months, attract a fine of Rs 25,000, or both. Even a month’s delay in registration could trigger a jail term of up to three months, a fine of Rs 10,000, or both.

Further, marriages will need to be registered mandatorily and the age of marriage for both genders across religions will be 21 years. This aims to ensure that they can complete their education before they get married. Some other key elements are a complete ban on polygamy, child marriage and triple talaq and a uniform process for divorce. The Code will not apply to Scheduled Tribes.

The legislation also aims to ensure equality among communities in terms of inheritance rights. The UCC also recognises children born out of live-in relationships as a “legitimate child of the couple” and ensures that they get equal rights in inheritance. Both sons and daughters will be referred to as child, omitting any gender differences.

The Uniform Civil Code bans practices that some sections of Muslim society follow when a woman loses her husband or gets divorced, including nikah halala and iddat.

Dehradun:

Uttarakhand Chief Minister’s secretary Shailesh Bagoli said that the Uniform Civil Code (UCC) will be implemented in Uttarakhand on January 27, a day before Prime Minister Narendra Modi’s arrival in Dehradun.

CM Pushkar Singh Dhami will also launch the UCC portal on the same day. The UCC portal will be launched at 12:30 pm on January 27 at the Secretariat. Uttarakhand will be the first state in independent India to implement UCC.

The Uttarakhand government has implemented the Uttarakhand Uniform Civil Code Act, 2024, establishing a streamlined framework for the creation and cancellation of wills and supplementary documents, known as codicils, under testamentary succession.

Uttarakhand government on Wednesday notified the Uniform Civil Code (UCC) which contains clarity of legal provisions for marital conditions and protection of individual rights and social harmony, an official statement read.

According to the state government, this act applies to the entire area of the state of Uttarakhand and is also effective on the residents of the state living outside Uttarakhand.

Uttarakhand has become the first state in India to implement a Uniform Civil Code (UCC), aiming to simplify and standardize personal laws related to marriage, divorce, succession, and inheritance.

The UCC applies to all residents of Uttarakhand, except Scheduled Tribes and protected authority-empowered persons and communities.

This Act does not apply to the Scheduled Tribes (ST) notified under Article 342 and Article 366 (25) of the Constitution and protected authority-empowered persons and communities under Part XXI have also been excluded from its purview.

To streamline and simplify the legal processes related to marriage, a public welfare system promoting the protection of individual rights and social harmony has been provided in the Uniform Civil Code Act, 2024 of Uttarakhand, the statement added.

Under this, marriage can be solemnised only between those parties, none of whom has a living spouse, both are mentally capable of giving legal permission, the man should have completed at least 21 years of age and the woman 18 years of age and they should not be in the ambit of prohibited relationships.

Marriage rituals can be performed in any form under religious customs or legal provisions, but it is mandatory to register marriages taking place after the implementation of the Act within 60 days.

Whereas marriages taking place from March 26, 2010, to the implementation of the Act will have to be registered within 6 months. Those who have already registered as per the prescribed standards, although they are not required to register again, will still have to acknowledge the registration done earlier.

Marriages solemnised before March 26, 2010, or outside the state of Uttarakhand, where both the parties have been living together since then and fulfil all the legal eligibility criteria, can (although it is not mandatory) get registered within six months of the coming into force of the Act, said an official statement.

Similarly, the work of acceptance and acknowledgement of marriage registration is also required to be completed promptly. After receiving the application, the sub-registrar has to make an appropriate decision within 15 days.

According to the statement, if no decision is taken on the application related to marriage registration within the prescribed period of 15 days, then that application is automatically forwarded to the registrar; whereas, in case of acknowledgement, the application will be considered automatically accepted after the same period.

Along with this, a transparent appeal process is also available if the registration application is rejected. There is a provision of penalty for giving false information for registration under the Act and it has also been clarified that the marriage will not be considered invalid merely due to non-registration. Registration can be done both online and offline.

To implement these provisions, the state government will appoint a registrar general, Registration and sub-registrar, who will ensure the maintenance and monitoring of the relevant records.

This Act also lays down who can marry and how marriages are to be solemnised and also provides clear provisions on how both new and old marriages can be legally recognised, the statement added.

Earlier the Uttarakhand Government’s Information Technology Development Agency (ITDA) conducted a mock drill for the Uttarakhand Uniform Civil Code Portal, marking a significant step in the portal’s operational readiness ahead of its official rollout.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Dehradun:

The Pushkar Singh Dhami-led Cabinet approved the Uniform Civil Code (UCC) manual during a meeting at the state secretariat on Monday, with the dates for its implementation to be announced soon.

The Cabinet approved the manual after making partial amendments to the rules recently prepared for implementing the UCC. The amended rules, examined by the Law Department, were discussed and finalised during the meeting chaired by Chief Minister Pushkar Singh Dhami.

Addressing the media post-meeting, Chief Minister Dhami emphasised the government’s commitment to fulfilling its electoral promise.

“We had promised the people of Uttarakhand during the 2022 elections that the UCC will be implemented as soon as our government is formed. We brought it, the draft committee drafted it and it was passed. The President then approved it and it became an Act. The process of training is also almost complete,” Mr Dhami stated.

He further noted the significance of Uttarakhand becoming the first state in India to implement the UCC, saying, “We have completed analysing it and discussed it in the Cabinet today. The dates will be announced soon. Since we are setting a precedent, it is essential to thoroughly examine and prepare for its implementation.”

The UCC will create a unified legal framework for all religious communities in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India has a uniform criminal code, a similar civil law framework does not currently exist.

The law explicitly excludes tribal communities and bans practices like ‘halala’, ‘iddat’, and ‘talaq’, which are part of the Muslim Personal Law.

The UCC, comprising 392 Sections under seven schedules, is based on a detailed 750-page draft spread across four volumes. This draft was prepared by a five-member expert committee formed in June 2022 to examine the introduction of the law in Uttarakhand.

The committee, led by Retired Justice Ranjana Prakash Desai submitted its draft to the state government on February 2, 2024.

The draft was passed by the State Cabinet on February 4, followed by the Assembly during a special session.

It received the approval of Uttarakhand Governor Lt. Gen Gurmit Singh (Retd) on February 28, making it a landmark legislation in Indian legal history.

Bareilly:

Uttarakhand Chief Minister Pushkar Singh Dhami on Thursday highlighted the various initiatives undertaken in the state, reaffirming the implementation of the Uniform Civil Code (UCC) in the “Devbhoomi” this month.

Uttarakhand is the first state in the country to have UCC Act, which seeks to establish a uniform and an equal set of rules on marriage, divorce, succession and inheritance for all citizens in the state, except the Scheduled Tribes (STs), irrespective of religion. It makes registration of all marriages and live-in relationships mandatory.

“We have formulated the Uniform Civil Code law in Devbhoomi Uttarakhand. This is the state’s first honour and will be implemented within this month,” Mr Dhami said during the inauguration of the 29th Uttarayani Mela in Bareilly.

He compared the UCC to India’s sacred rivers such as Sharda, Ganga, Saraswati and Kaveri, stating that just as they sustain life across the country, the UCC will work similarly.

Regarding the state’s tourism and infrastructure initiatives, Mr Dhami said, “In Haridwar and Rishikesh, we are planning to develop the Ganga Corridor. Work on a corridor along the Sharda River has also begun.” He added that Uttarakhand continues to see an increasing influx of devotees and tourists which would be bolstered by the reconstruction efforts in Kedarnath and the master plan underway at Badrinath Dham.

Mr Dhami also announced beautification and restoration efforts for temples in the Kumaon region and development at Purnagiri.

“It gives me immense joy that more devotees from Uttar Pradesh visit Purnagiri. We are creating the Sharda Corridor, which will enhance the ghats and beautify the area,” he said.

The chief minister expressed hope for Uttarakhand becoming a hub for destination weddings and tourism, emphasising the state’s growing reputation.

“Handicraft products from Uttarakhand are gaining recognition among multinational companies and women in the state are doing excellent work. Over one lakh women in Uttarakhand are now earning a substantial income. We will provide them with interest-free loans,” he said.

On governance and security, Mr Dhami shared progress on several legal reforms, including the anti-conversion law, the introduction of anti-riot legislation and measures to counter exam malpractice.

“We have taken strong steps by enacting an anti-riot law. Any damages caused during riots will be recovered from the perpetrators.

“Similarly, with our anti-cheating law, over 100 individuals involved in exam malpractice have been jailed. This ensures fair opportunities for deserving candidates,” he added.

Mr Dhami mentioned initiatives to combat “land jihad”, stating that 5,000 acres of encroached land have been freed. He also discussed tackling issues like “spit jihad” with new laws to maintain public order.

Looking ahead, the chief minister announced that the 28th National Games would commence on January 28 in Uttarakhand, with Prime Minister Narendra Modi set to inaugurate the event.

Earlier, Mr Dhami inaugurated the 29th Uttarayani Mela where he was accompanied by Bareilly MP Chhatrapal Singh Gangwar, Mayor Dr Umesh Gautam and Cantonment MLA Sanjeev Aggarwal.

The three-day fair, held at Bareilly Club Ground, showcases Uttarakhand’s culture, music and dance, delighting attendees with performances by local artists and food stalls featuring traditional delicacies.

The UCC has been on the BJP’s agenda nationally for many years. But the party’s government in Uttarakhand became the first to take a concrete step towards implementing it just before the Lok Sabha elections last year.

An expert committee formed by Mr Dhami and headed by retired Supreme Court judge Ranjana Prakash Desai submitted a comprehensive draft in four volumes to the state government in February 2024.

Acting on the draft, the state government presented the Uttarakhand Uniform Civil Code Bill in the Assembly a few days later and it was passed on February 7.

The UCC Act received President Droupadi Murmu’s approval on March 11, making the hill state the first in independent India to have a UCC Act.

A nine-member state government-appointed panel, chaired by former chief secretary Singh to lay down the rules for the UCC’s implementation panel, submitted its final report. Mr Dhami has previously said in no unclear terms that the UCC will be implemented in January.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

 Union Home Minister Amit Shah on Tuesday accused the Congress of appeasement politics, saying the party has not been able to bring a Uniform Civil Code (UCC) and asked the party to spell out if there should there be a common law for every religion in a secular nation.

Concluding the discussion in the Rajya Sabha on the 75 years of adoption of the Constitution, Amit Shah also lashed out at Congress over its allegations concerning Electronic Voting Machines (EVM), saying some of those who made complaints about outcome in Maharashtra celebrated it in Jharkhand, where JMM-led INDIA bloc won the assembly elections.

He asked why UCC has not been implemented yet.

“Why hasn’t UCC come yet? It didn’t come because after the Constituent Assembly was concluded and elections were over, the country’s first PM Nehruji introduced Muslim Personal Law, not UCC. I want to ask the Congress party in this House that in a secular nation, should there be a common law for every religion or not? Why do they support the Muslim Personal Law? There can be no bigger political manoeuvre than this… They started appeasement right there by introducing the Muslim Personal Law…You cannot bring the UCC because you cannot rise above the politics of appeasement. In Uttarakhand, our (BJP) government has implemented the Uniform Civil Code in the state,” he said.

Amit Shah lashed out at Congress over some of the constitutional amendments made during the party rule in the past.

“The 39th Amendment in the Constitution crossed all the limits. On August 10, 1975, was a black day. Indira Gandhi’s elections were declared null and void by the Allahabad High Court. After they lose, they roam around with EVMs. They say the EVMs defeated them…When they lose they blame the EVMs. Two assembly election results came out on the same day. Maharashtra ne opposition ka soopda saaf kar diya (bowled them out)…for disrespecting the mandate. So the EVMs are faulty in Maharashtra, but when they won in Jharkhand, they wore new clothes and rushed to take the oath. People are watching, you must be ashamed. How is it possible that EVM is working fine at one place and not at the other?” he asked.

The Union Home Minister said the Election Commission of India (ECI) had asked people to check if it was possible to hack the EVMs, but nobody turned up.

“The EC kept the EVM from 10 am to 5 pm for three days open for anyone to prove if it could be hacked. No one came. The Supreme Court rejected the petitions on EVMs 24 times,” he said.

Amit Shah said that Indira Gandhi’s election was declared null and void by the Allahabad High Court and slammed some constitutional amendments done by her government.

“So she prohibited the judicial inquiry of a prime minister through amendment… I want to ask my Communist brothers to introspect on whom are they sitting,” Mr Shah said.

“The 42nd Amendment of the Constitution was made when Indira Gandhi was the PM… The tenure of the Lok Sabha and the Rajya Sabha was increased to 6 years. They did it because they would have lost if the elections had taken place at the right time… The members of Congress started remaining absent as they could not oppose. An amendment was made that the quorum was not required in both the Houses. The period of the President’s rule was increased by 6 months,” Amit Shah added.

The debate on 75 years of the Constitution started in Rajya Sabha on Monday and lasted two days. Lok Sabha held the debate last week.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

The government on Friday rejected suggestions that it has issued guidelines to states to implement a uniform civil code.

In a written response to a question in the Lok Sabha about “guidelines issued by the government for implementing the Uniform Civil Code in different states”, Law Minister Arjun Ram Meghwal asserted that “no such guidelines were issued by the Government of India to state governments for implementing the uniform civil code”.

Responding to a sub-question, the minister said B R Ambedkar, the architect of the Constitution, while moving the relevant provision in the Constituent Assembly, had said there is a uniform code of laws in the country, covering almost every aspect of human relationship.

“The only province the civil laws have not been able to invade so far is marriage and succession and therefore, draft Article 35 (now Article 44) is provided as a part of the Constitution,” Meghwal said, quoting Ambedkar.

In short, a uniform civil code means a common law for all citizens of the country that is not based on religion. Personal laws and laws related to inheritance, adoption and succession are likely to be covered by the common code.

In his Independence-Day address this year, Prime Minister Narendra Modi had noted that the Supreme Court has given various directions regarding a common code.

The spirit of the Constitution also encourages such a uniform code, he had said, referring to Article 44 under the Directive Principles of State Policy.

The article says it is the duty of the State to secure a uniform civil code for the citizens throughout the territory of India. “It is our responsibility to fulfil the dream of the makers of our Constitution. I believe that there should be a serious discussion on the subject,” PM Modi had said.

Uttarakhand came out with its own uniform civil code recently.

The Centre has referred the matter to the Law Commission, which began fresh public consultations on it last year.

Before that, the 21st Law Commission, which was in operation till August 2018, had examined the issue and solicited the views of all stakeholders on two occasions. Subsequently, a consultation paper on “Reforms of Family Law” was issued in 2018.

In its consultation paper issued on August 31, 2018, the 21st Law Commission, headed by Justice (retired) B S Chauhan, had said the diversity of India’s culture can and should be celebrated, and specific groups or weaker sections of the society must not be “dis-privileged” in the process.

The commission had said it had dealt with laws that were discriminatory rather than providing a uniform civil code, “which is neither necessary nor desirable at this stage”.

The consultation paper said most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination but is indicative of a robust democracy.

A uniform civil code in India has been a key agenda of successive election manifestos of the ruling Bharatiya Janata Party (BJP).

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Dehradun:

Chief Minister Pushkar Singh Dhami said on Sunday that religious conversion, encroachment, “land jihad and thook (spit) jihad” will not be allowed in ‘Devbhoomi’ Uttarakhand.

He also called upon the educated people to come forward to stop such things.

At a felicitation ceremony in Udham Singh Nagar district’s Kichha, the chief minister said that Uttarakhand is ‘Devbhoomi’ where everyone lives together.

“But religious conversion will not be allowed in Uttarakhand, encroachment will not be allowed, land jihad will not be allowed. Some people are doing spit jihad in Uttarakhand, but spit jihad will not be allowed in the state,” Mr Dhami said.

“Educated people should come forward to stop bad things in the society. Whatever is wrong, will not be tolerated. This will not be tolerated in Uttarakhand at any cost,” he said.

Recently, two brothers – Naushad Ali and Hasan Ali, residents of Khatauli in the Muzaffarnagar district of Uttar Pradesh – were arrested for allegedly spitting in a tea pot and serving that tea to customers.

Mr Dhami said his government is taking tough but necessary decisions. He mentioned the anti-copying law, anti-riot law etc and said the Uniform Civil Code (UCC) will also be implemented in the state soon.

He said the people of Uttarakhand had given a mandate to his government for UCC and it will become the first state to implement it in independent India.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)