Abstract:  India incorporating heterogeneous population with a diversity concerned with marriage, inheritance, divorce, religious practices among tremendous religious sects and a promulgation of a homologous law indeed, has been a set of exchange of views. The national anthem itself that is – “Punjab”, “Sindhu”, “Gujarat”, “Maratha”, “Dravida”, “Utkala”, “Banga” verbalises the cultural heterogeneity across India. The design to conceive and uphold the constitutional framework of Article 44 that is Directive Principles of State Policy in the “rule book of the state” stipulating that the “state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”, Uttarakhand stood as the trailblazer in the independent India by passing a law proposing common rules on personal laws being admired and preached by the citizens of distinctive religion across the hilly region. February 7, 2024 was a manifested skeleton of an agenda being achieved. 

Nonetheless, the epicentre does not deem in debating the agenda being achieved or not but, navigating the pitfalls and comforts of such a promulgation and its applicability in conformity with the Constitution of India. The Uniform Civil Code invokes the idea of national integrity as against the prevailing judicial regime of disintegrated and separated religious laws. The focal point is to interrogate the feasibility of its applicability having uniform personal laws for not only on the residents of the state of Uttarakhand but, the proposition acting as a blueprint for India with 1.4 billion population having multifaceted religion and castes while, integrating tribal communities persisting their own customs and codes. The Law Commission argued UCC being neither necessary nor desirable although, mentioned in the DPSP. The Supreme court had several times replicated and reiterated in its judgment for the implementation of a uniform code by the Parliament. The article encapsulates the shortcomings of such a code predicted to be existing for such a progressive step across India or any state and simultaneously, propounding upon the gender equality and the status of women as well. Jean -Jacques Rousseau, an eminent political philosopher and thinker also illustrates of how societal revolution can replace laws with more progressive ones. Rousseau elucidates upon Geneva where; laws shaped every aspect of civic life. Rousseau’s anecdote has a parallel and not divergent requisite of such a Uniform Civil Code in India. Yet, Rousseau’s idea can always be subjected to scrutiny in the absence of jurisdiction. 

Jurisdiction not solemnly with the geographical proximity but, also the excessive, and colourable exercise of such a power. 

Keywords : India, Constitution, Heterogeneous , Uttarakhand , Difference, State , Religion  

1.Law Commission of India , Report on Reform of Family Law ( August,2018)  

2. BJP is testing the waters through UCC in Uttarakhand, available at https://www-deccanheraldcom.cdn.ampproject.org/v/s/www.deccanherald.com/amp/story/opinion%2Fbjp-is-testing-the-waters-throughucc-in-uttarakhand-2885647?amp_gsa=1&amp_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%24s &aoh=17140260322204&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.d eccanherald.com%2Fopinion%2Fbjp-is-testing-the-waters-through-ucc-in-uttarakhand-2885647 ( last modified on February 8, 2024)  

INTRODUCTION 

 Indian constitution is haled for its multicultural accommodation. Multiculturalism refers to the coexistence of distinct cultures in a society. Constituent assembly revolved around two cardinal questions while debating upon the promulgation of a homologous code or a uniform code. The first, discussion exchanged around protection of religious freedom to the minorities in a secular Constitution and secondly, the imperative of a strengthened and consolidated nation. India indeed was and is a nation where, cultural diversity, gender justice, freedom of religion had always played a marginal role. However, despite several challenges and the sustenance of such a legislation recently, the State of Uttarakhand embarked on a journey and accomplished the same by promulgating a uniform code in the geographical proximity of the hilly region. Such a legislation drafted would now govern on subject matters like inheritance, maintenance, marriage, adoption etc. It derived such an autonomy from Article 44 of the DPSP enshrined under Part IV of the Constitution. However, there is always a room for cross- examination for such a legislation and its applicability across India in the fate to which the current draft might act as prototype. Thereby, Uttarakhand’s UCC in conformity with the Constitution or not is a matter of scrutiny. 

LITERATURE REVIEW  

The paper divulges contemplating the Uniform Civil Code legislated in the state of Uttarakhand and its constitutional validity with the fundamental right, personal laws and autonomy of minorities and tribal groups. It recognises the changes escorted in the personal laws and its downfalls. It not only employs a survey on the legal issue of the homologous code but, is also concerned with the operation of such a unified code across the nation as well while acknowledging its sustainability, areas of pitfalls, and impracticability of application as a layout on a broader arena. Uttarakhand’s UCC whether or not acts as an architectural plan for the implementation in a country like India and not solemnly within a state is dissected throughout the research while excavating its, challenges, delusional aims etc. 

Law Commission of India in the year 2018 examined receiving 75,378 representations. Post widest deliberations encountered the commission drew the conclusion that UCC is “neither necessary nor desirable”. It concluded its potential repercussions in India. The panel also elucidated that instead, there is a requisite to dal with personal laws discriminating men and women.  

AIMS AND OBJECTIVES  

1. To survey on the sustenance and comforts of Uttarakhand’s Uniform Civil code while contemplating its areas of pitfalls. 
2. To analyze the drafted code as a blueprint for India and its feasibility of applicability and challenges.  
3. To elucidate upon the constitutional validity of Uttarakhand’s UCC. 
4. To determine pros and cons of UCC as a prototype in India. 
5. To analyze gender justice and women’s movement for the calling of UCC 

RESEARCH METHODOLOGY  

The researcher has employed a secondary date collection such as the data incepted in the Law Commission Report and a descriptive approach as well. The researcher utilised books, magazines, editorials and articles of newspapers, interviews, bare acts, reports to present a holistic view of the intended topic. The deliberations and interviews of multitude of jurists, scholars, politicians had been a cardinal source of the research methodology. The researcher availed the resources in incorporating the landmark case laws for refined research. 

RESEARCH QUESTIONS 

1. Whether Uttarakhand’s UCC is subjected to any pitfalls? 
2. Whether Uttarakhand’s UCC in conformity with the constitutional validity of articles 14, 15, 21 and personal laws? 
3. Whether Uttarakhand’s UCC imposes any challenge of its applicability across India acting as a prototype?  
4. What are the boons and banes of UCC as a layout across India?  
5. Whether UCC proved in upholding gender justice or not? 

CITATION METHODOLOGY 

The researcher has confirmed and retained its authority of citation restricted to Indian Law Institute citation method.    

BACKGOUND/ VINTAGE ESTABLISING UNIFORM CIVIL CODE 

The past constituted one of the focal points of the “Bharatiya Janata Party” for the calling of UCC across the nation as enshrined in their manifesto to establish legal parity, equality, social and legal justice among the citizens belonging to a common land while intending to impose common legislation regarding personal laws. Upon retrospection, it was the Shah Bano judgment rendered, giving a drift in the year 1985. The ongoing debates in the constituent assembly and the leaders like B.R. Ambedkar, K.M. Munshi also argued for its introduction. The RSS and BJP critically observed that the judgment’s subsequent reversion in the year 1986 hindered in joining a national stream by precluding a certain chunk of section from the society. The BJP government undoubtedly, always intended in implementing a common law for all, to which the year 1993 acts as evidence when the resolution was tabled but, later could not feasibly be adopted. Contenders and proponents upholding the UCC as, an instance could be Bachi Singh Rawat in 1996 who advocated for uniform marriage and common bill but, failed to gain the momentum. Therefore, it was lately or recently, in the year 2014 when the agenda for a uniform code acted as a torchbearer for all the failed attempts in the past with an aim by the BJP government in their manifesto titled as “Ek Bharat Shreshtha Bharat”. Nevertheless, whether the uniform civil code bill passed by the state of Uttarakhand had responded to the vision led by the BJP is an abridgment to the fundamental rights of the constitution, arbitrary, a mere political agenda or not, a bane to the society, conservative in nature is a set of questions against the novice legislation passed by the Chief minister of Uttarakhand as a subject matter of a state’s authority in entry no. 5 of the Concurrent list to bring harmonization with regard to personal laws. Therefore. It could be construed that it was 

BJP who was a key player for mitigating socio-economic inequalities by yielding to one common code for governance. Another contention made by the BJP in drifting the UCC is that a homologous law or one law would bloom national integration and a unified nation which was once aimed by the Britishers. 

1.Liz Mathew, “Decode Politics: How BJP has gone slowly, steadily about a UCC, one of Sangh’s first core agendas”, The Indian Express, Feb 7, 2024 

2. Arun Anand , “ How Ambedkar , Munshi and Krishnaswamy Ayyar for Uniform Civil Code at Constituent Assembly”, The Print , 26 November, 2021  

3. Akhilesh Pillalamari, “ Exploring the BJP’s legal agenda for India” , The Diplomat , Feb 15, 2024 
4. Modi’s India is one step closer to a contentious goal , available at https://foreignpolicy.com/2024/02/16/indiauttarakhand-ucc-bill-modi-bjp-religion/ (last visited on April 24, 2024)  

WHAT IS UNIFORM CIVIL CODE ?

Uniform Civil Code (UCC) sights in the implementation and imposition of a homologous law concerned with subject matters such as marriage, inheritance, succession, adoption etc on the religious communities of the land. The attempt to endeavour the same is extracted as enshrined under Article 44 which aims at securing a uniform code contending that the “state shall endeavour to secure a uniform civil code for the citizens throughout the territory of India”. UCC in the constitution was incorporated to bring cultural, vulnerable groups and sects to be governed under a single – channelled law with a vision led by B.R. Ambedkar to establish equality, social and legal parity among the citizens belonging to a common territory. However, the nation was not desirable in incorporating the same while procrastinating the agenda for 75 years. Uniform Civil Code aims at crafting “one country one rule”. It visualises in repudiating and dejecting the concept of personal laws. It is imperative to articulate that India had always been a nation enriched with cultural, social and religious diversity wherein, personal laws and customs have governed the sects to which, UCC acts like a cross- road. Several personal laws such as Hindu Adoption and Maintenance Act, 1956, Muslim Personal Law (Shariat) Application Act, 1937, Marriage Dissolution Act, 1936 etc are the epitomes of such an intended revolution.  

UTTARAKHAND’S UNIFORM CIVIL CODE 

The UCC aims at nullifying and annulling to the concept of polygamy. Chief minister Pushkar Singh Dhami asserted that the new code shall aim at dispensing protection to the Muslim women from wicked customary practices such as Nikah- Halala, Iddat and polygamy. According to the contemporary legislation across the territory of India polygamy being permitted under Muslim personal law designated as “Shariat law”, a Muslim man is permitted having four wives (only in exceptional circumstances and wrongly construed) at the same time which would now be penalised if resumed to practice such custom in the state of Uttarakhand. The code deems fit in abolishing Nikah -Halala, which is a customary practice among Muslims. 

___________________________________________________________________________ 

1.Editorial, “India needs uniform civil code”, The Hindu, July 7 2023 

2.Translation of Sahih Muslim, Book : 9 Kitab Al- Talaq (The Book of Divorce ) available at https://www.iium.edu.my/deed/hadith/muslim/009_smt.html ( last visited on 22 April  2024)  

Uttarakhand’s Uniform Civil Code (UCC) Bill was passed on February 7, in the Uttarakhand assembly by Chief Minister, Pushkar Singh Dhami. It was tabled before the assembly considered to be the first legislation or the pioneer in the independent India to be passed by any state. Uniform Civil Code passed aims at consolidating personal laws with regard to inheritance, succession, marriage, property of the diverse religious groups prevalent in the state. It visualises in abolishing draconian laws and numerous customs. The evil practices such as polygamy or bigamy has been outlawed while upholding that neither of the parties are permitted to solemnize into a marriage while having a spouse living at the time of the marriage as stipulated under Section 4 of the code.  

1. Alterations made in Muslim personal laws and customary practices  Polygamy, Halala and Iddat 

The novice code drafted also dejects customary practices such as Iddat hindering liberty of a Muslim women as stated above. Iddat is the specified time duration imposed on a Muslim woman to observe isolation for three months in case of husband’s demise or divorced by him. The women can only re-marry upon the accomplishment of the Iddat period. In the new code such practices are deemed as criminal offences and provides punishment up to 3 years and an imposition of Rs 1 lakh of fine in case of non-compliance of the drafted legislation. however supreme court had previously observed that having more than one wife is neither obligatory by the religion nor a matter of conscience. The drafted bill secures the legal age of marriage as 18 for girls and 21 for boys. However, the scope of applicability is narrower and is only imposed to the Hindu Marriage Act, 1955 and the Special Marriage Act 1954. Muslim Personal law is exclusive of this alteration made under the new code as, Muslim Personal law acknowledges females solemnizing and following the marital and nuptial obligations post reaching puberty.

1. Shariat law applicable on Muslims dispenses in allocating one third (1/3) of the property as desirable by a person through a will. The property carved out and acquired by the person is governed by Quran and Hadith among the legal heirs. The alteration made in UCC passed by Uttarakhand stipulates that a deceased leaving property through a will creates no yardstick in inheriting the quantity of the property share and the same could be inherited by anybody. The new code sways away the concept of acquiring 1/3 of property amongst Muslims. the property could be divided on the discretion.  
2. The question now gains momentum in a circumstance when the deceased leaves the property without a will or dying intestate, the Uttarakhand’s UCC underscored the same by claiming that in such a situation the property shall be inherited by class1 heirs which includes relations with the deceased having close affinity such as widow, children and parents. Nonetheless, in absence of class I heirs it shall pass upon class II, heirs which includes relations like nieces, nephews, grandparents. In failing of both the heirs inheriting the property, it could be inherited by any closely or intimately related person to the deceased person. 

QURAN AND THE STATUS OF POLYGAMY – AN ERRONEOUS INTERPRETATION  

Triple talaq, Nikah – Halala undeniably, is a practice which is unheard even by an illiterate child. The fact is that it was the most despicable practice practised by some illiterate Muslims as a matter of right and privilege under the Shariat law. However, the reality does not subscribe to this notion. Nevertheless, Quran prescribing the procedure for the divorce it is practiced amongst several Muslims abhorrently while treating the woman or the women  inhumanely. Talaq could be pronounced thrice a times, spaced by three menstrual cycles, to create a scope for reconciliation which was recommended as the option. Thus, the Quran prescribes that a divorced women shall wait for a duration of three months and their husbands are fully entitled to take them back if they desire for such a reconciliation (Al Baqarah 228). Quran makes us observe a tripartite divorce (three kinds of divorce) to annul or repudiate a marriage. Firstly, Talaq Ahsan, secondly, Talaq Hasan and thirdly Talaq Bid ‘a or “Biddat”. Talaq Ahsan is deemed to be the most laudable form of divorce where, the husband repudiates the marriage by making a single pronouncement within the  terms of ‘Tahr’ (stage of purity when the women are not menstruating) during which he has not copulated with her and she observes the period of Iddat.Talaq Hasan is a form of talaq where, the husband repudiating the marriage by three sentences of divorce, in three Tuhrs.  

The third form of talaq is known as Talaq Bid ‘a or instant talaq. It is considered to be one of the most draconian, discriminatory form of annulling the marriage and marital obligations. In this type of divorce the husband repudiates and dissolute the marriage by pronouncing divorce three times at once without any scope of reconciliation. It is against shariah and was not upheld even by Prophet Muhammad (P.B.U.H.).  Therefore, the interpretations made by several Muslims taking defence of Islamic and Sharia laws to secure and protect polygamy amongst them and UCC altering such personal laws is inaccurate, vague, and nebulous in nature. Simultaneously, the idea for the commencement of UCC for safeguarding vulnerable Muslim women from polygamy by dishonouring Islamic laws also finds no rational basis. It persists no formal and official source of such an argument being contended. The Quran pertains only one verse permitting polygamy based on two conditions _ absolute equality between two wives and marrying orphans/ widows (Surah Al Nisa 4:3). The rise of UCC was majorly adhered upon protecting polygamous marriage amongst Muslims white washing such a barbaric and brutish act. Nonetheless, the statistical data echoes contrary to that. 

___________________________________________________________________________ 

1. Dr. Sarfaraz Ahmed khan and Ahmar Afaq (eds.), Uniform Civil Code: A Never- Ending Dilemma in India 199 (Thomson Reuters, Legal, South Asia Private Limited, 2021) 

Law Commission Report records that all communities have polygamy. Even upon retrospection, Hinduism claimed polygamy being practiced but, was abolished post Hindu Marriage Act, 1955(Section 5 (i)) which stipulates monogamy as a valid essential of a Hindu marriage. The report records Muslims having least polygamous marriages. The data is: 

Tribals- 15.25%, Buddhists- 9.7.%, Hindus -5.8% and Muslims -5.7%. Therefore, UCC is not solemnly abut polygamy. It also deals with other subject matters such as inheritance, adoption etc. Therefore, Sarvid Naved, a law professional has argued that Muslim personal laws are much fairer deal than what and how it is contemplated in the contemporary world. Several Muslim countries watchdog on the brutish practice of polygamy, having a stringent check such as Algeria, Tunisia, Libya, Syria, Lebanon . Pakistan made such an attempt by passing and legislating family law in the year 2015 that held second marriage without the sanction the first wife would be illegal. The judgments observed and the conclusions drawn by the Supreme Court concerned with scrapping away to the practice of polygamy and preserving the rights of women and maintenance has been rendered in various cases in the past. In the case, of Sarla Mudgal v Union of India, the first question escalated was whether, a Hindu husband, who had been solemnized under the Hindu law, by converting or adopting Islam, could again solemnize into a second marriage or not. The court in the present case held that the Hindu marriage solemnised under the Hindu Marriage Act ,1955 could only be dissolved on the grounds incepted under the act, therefore, converting to Islam and remarrying would not dissolve the Hindu marriage under the Act. Thus, second marriage being solemnised after conversion to Islam would attract the offence under section 494 of the Indian Penal Code. That is, it would be an offence of Bigamy and not a valid marriage. In the case of Shayra 

Bano v. union of India – which was one of the landmark cases drawing its conclusion upon “triple talaq” in Shariat law among Muslims. The case envisaged upon the constitutional validity of the “instantaneous Talaq” or Talaq-e-biddat or irrevocable talaq. Shayara Bano was married to Rizwan Ahmed for 15 years and encountered dowry harassment and domestic violence. 

1.Shayara Bano v. Union of India and Ors. (2017) 3 KCCR SN 254.  

2.Smt. Sarla Mudgal, President, Kalyani v. Union of India and Ors. (1995) 3 SCC 635. 

3.Law Commission of India , Report on Reform of Family Law ( August 2018) 

In the year ,2016 she was divorced through Talaq-e-biddat leaving no scope of reconciliation and initiated writ petition before the apex court. The petition claimed practices like Nikah Halala, Triple talaq was an abridgment of the fundamental rights guaranteed under Article 14, 

15, 21 and 25 of the Indian Constitution 

 The SC with a constitutional bench of 5 judges rendered and established constituting Justice   R.F.Nariman , U.U.Lalit , Abdul Nazeer and the Chief Justice with a majority 3:2 vote Triple talaq as unlawful and arbitrary in nature . Therefore, Triple talaq was declared as unconstitutional being violative of Article 14. The SC also elucidated that Triple talaq was not an essential practice in Islam. 

THE STATUS OF LIVE-IN RELATIONSHIP AND INTRUSION OF RIGHT TO PRIVACY 

The bill upholds the legitimacy of live-in relationships in the state of Uttarakhand but, only upon the reciprocation of compulsory registration and the submission of a statement by the partners to the nearest Registrar. Failing on compliance of the same would penalise the partners with an imprisonment of three months and a fine not exceeding Rs. 10,000. The Registrar after the receipt of such a statement is obliged to conduct an inquiry. Post conducting the inquiry the Registrar can either accept of refuse to issue the certificate for the legitimacy of such a relationship. The registrar is also accountable to forward live-in relationship statements to the local police and informing parents if either of the partner is less than 21 years of age. The child born out of a live-in relationship would be deemed as a legitimate child which was not the case upon retrospection. The child would be entitled to enjoy all the legal rights applicable to children born out of a marriage. The Bill also prescribes that in case of a termination of a relationship also needs to be intimated in a format as prescribed by the government. The new code protects the women from being deserted by her live-in partner by making her entitled to claim the maintenance. If any person is charged making a false statement or making any averment would be punishable with imprisonment for a term exceeding to three months or a fine up to Rs 25,000 or both. Supreme Court in the past had emphasised on live-in relationships. However, the drafted bill intrudes over Right to Privacy on the citizens of Uttarakhand by requiring them for compulsory registration. The bill encroaches upon the autonomy and privacy of the individuals involved in such relationships. Live-in relationships are the matters of individual choice and desire, imposition of a sanction in case of failure or non- compliance with the provisions laid down would be an infringement of Art 21 of the Constitution.  

1.Suchitra Kalyan Mohanty “Legal experts term Uttarakhand UCC on live-in relationship as invasion of privacy”, The Indian Express, Feb 13, 2024. 

2.Preethi Nair “Live-in Relationship to be out of Central UCC draft”, The Indian express, Feb, 18, 2024  

3.The Constitution of India , art. 21  

In the case, of S. Khushboo vs Kanniammal & Anr  live-in relationship was dispensed with a legal recognition by ascertaining the relationship as “Domestic Relationships” which is protected under protection of women from Domestic Violence Act, 2005. The Court in this case rendered its judgment that live -in relationship is not exclusive with the purview of Article 21 of the Constitution of India. The Court further  held that the live-in relationships are permissible wherein, the act of living together by two adults cannot be construed as illegal or unlawful in nature. 

In the case, of Tulsa and Ors vs Durghatiya and Ors – The SC emphasised on upholding the notion of live-in relationship. The case dealt with granting the Right to Property to the child who is born out of a live-in relationship by simultaneously , also rendering that such child shall not be treated as an illegitimate child where, the parents of the child have intimated for a considerable amount of period.  

Section 16 of Hindu marriage Act, 1955 and Section 26 of Special Marriage Act,1954 also preserves the right of the child who is born out of a void or voidable marriage wherein, the live-in relationship falls under this scope. It contemplates that a child born out of such marriages are entitled to inherit the property equally to a child born out of a lawful marriage. Equally here does not refer to proportionally. the scope is narrower as it does not extend to the coparcenary rights of a Hindu Undivided Family.  

In the case, of Indra Sarma v. V.K. Sarma – It was held by a two-bench judge that if the woman is acknowledged that a man with whom she’s in a live-relationship is already wedded legally along with two children then, she’s not entitled in claiming reliefs under PWDVA, 2005  

1.The Constitution of India, art 21  

2.The Hindu Marriage Act, 1955 (Act 25 of 1995), s.16 

3.The Special Marriage Act ,1954 Act of 1954), s.26 

4.S. Khushboo v. Kanniammal and Anr (2010) 5 SCC 600 

5.Indra Sarma v. V.K. Sarma (2013) 15 SCC 615 

6.Tulsa and Ors v. Durghatiya and Ors AIR 2008 SC 1193 

UTTARAKHAND’S UCC AND THE CONSTITUTION – TWO SWORDS CROSSED  

Uttarakhand’s new code and the Constitution of India whether or not are two cross roads, two swords crossed, disproportionate, divergent is an endless discussion. Tremendous citizens , spokespersons , senior advocates , legal scholars and activists are in an alignment with the passing of the bill however, many vehemently oppose the same on grounds of abridgment to the fundamental rights such as Right to Privacy in case of live-in relationships, contrary to Right to Religion (Art25) or moulding flexibly the language underscored in Part IV of the Directive Principles of the State Policy ,biased and impartial by contending tribal groups being exclusive of the code etc.  

 It undoubtedly, hinders sustenance of such a Legislation. The complications are enlisted beneath: 

COMPLICATIONS ASSOCIATED WITH THE UTTARAKHAND’S BILL 

7^th Schedule of the Indian constitution divides three lists that union list, state list and the concurrent list. Although the concurrent list sanctions the authority to legislate on the subject matters dealing with marriage, adoption, divorce, maintenance etc. Nevertheless, the Union list enlists several bills concerned with Hindus as well as Muslims. The instance could be Hindu Code Bill. Art 246 asserts that in a circumstance any state law in the case of inconsistency with that of central law, then it ought to be the central law which shall prevail. Nevertheless, on a broader arena it shall be the parliament legislating the UCC and not the state. Bills like Hindu Code Bill has been substantively, occupied by the central list. secondly Muslim personal laws such as triple talaq in the past had been penalised by the centre thereby, creating no requisite of a state passing such a law already subsisting, across the nation. Such a reform could be dissented on the grounds aforementioned above. 

Uttarakhand’s UCC is an epitome of the legislator’s intent at the time of the drafting of the Constitution to uphold the concept of a single code establishing uniformity despite separatist attitudes, secessionist demands, diverse elements of casteism and communalism co- existing. However, the UCC bill if glanced nuancedly, seems to adapt colourable legislation. It flexibly moulds the language stipulated under part iv wherein, it asserts that the law shall prevail across the territory of India and not solemnly within a State. 

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1.The Constitution of India, art 246 

2.Dr. Sarfaraz Ahmed Khan and Ahmar Afaq (eds.) Uniform Civil Code: A Never-Ending Dilemma in India, 106-107 (Thomson Reuters, Legal, South Asia Private Limited ,2021) 

The Bill is exclusive of the applicability of the uniform code on tribal groups and other minorities constituting 3% of the total population. The bill claims for a uniform implementation of the law while, out casting Tribals from such a law finding no justifiability and rationale nexus behind adapting the same. The sixth schedule of the constitution dispenses protection to a certain group of state. There are provisions incepted in the constitution in sanctioning complete autonomy on matters of family law. These are competent to be adjudicated by the local panchayats, following their own procedure. therefore, while there is a desire for change, there is also equally, imperative to acknowledge the obstructions to endeavour promulgating the UCC. Article 371 (A) and (I) and the sixth schedule deems in verbalising the exceptions carried out by certain states such as Nagaland, Mizoram, Andhra Pradesh, Goa etc. It is to be jotted that the code of criminal procedure (CrPc) 1973 does not suit to the state of Nagaland and other tribal areas. Hindmost, it could be construed that the Uttarakhand’s UCC is not only antipodal of what is prescribed in the constitution but, also sets a design for applicability of UCC across India in the fate. The drafted legislation as a blueprint of India might be a collapse preserving protection to a certain chunk of section in a country pertaining cultural pluralism.  

GENDER JUSTICE , WOMEN’S MOVEMENT AND THE UCC  

The Indian women’s movement and a struggle for the implementation of the UCC could be traced from the past and the history echoes the same. The year 1937 was one of the revolutionary one when all India women’s conference escalated their demand for the UCC for all the religious communities. The All-India Democratic Women’s Association (AIDWA) The right wing of the CPI (M) also substituted its position in the wake of Shah Bano and Sarla Mudgal case. The 20^th century led to the establishment of tremendous organizations, campaigning etc. in the mid-1930s members of All India Women’ Conference (AIWC) such as Renuka Ray, Hansa Mehta, Mridula Sarabhai were determined for such a gender equality and the implementation of the UCC. They approached M.K. Gandhi to seek his advice as well. Thus, the fight did not pertain between men and the women but, between the forces of progress and the forces of reaction. The battle and demand led by AIWC was indeed long- stretched for the rights of the women. The AIWC battled against the disabilities of the Hindu women specifically. The women’s organisation established committees on legal status, talked with lawyers, published pamphlets in the 1930s. the AIWC president lady tata at the fourth annual conference escalated the questions for the revision of inheritance laws, abolition of purdah system and polygamy. Also during the year of 1930s “Stri dharma” a women’s magazine analysed women’s inequality in property relations, while constructively criticising three quarters of India’s women pertaining no inheritance rights.  

Till 1940s, AIWC engaged and were mobile in conducting meetings, collecting public opinions for bringing a social legislation in several legislatures. The questions were concerned with monogamy, divorce and rights of inheritance. Asaf Ali, the convenor of the Committee urged the Central government to appoint a Committee overhauling the Hindu law with regard to women’s rights. 

HINDU CODE BILL AND THE TRIUMPH OF AIWC  

AIWC lead to the formation of Rau Committee. The Committee recommended Hindu Code 

Bill being organized in compartments .The Committee drafted two bills _ the Hindu Intestate Succession Bill and the Hindu Marriage Bill. The two magnificent features of the marriage bill were that the civil marriage was deemed to be as a valid marriage and the abolition of polygamy. The bill fragmented the Hindu marriages into two classes that is sacramental and civil. Monogamy was made as an essential feature of both. This was a monumental reform and a triumph for AIWC. Hindu succession propounded upon the claims of a widow as a share in her deceased husband’s property. Therefore, it also abrogated the right of a women’s share which was limited.  The aforementioned achievements by AIWC crystally depicts in delivering gender justice and equality. 

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1.Women Architect of the Indian Republic, available at: https://15fortherepublic.wordpress.com/tag/ucc/ (last visited on April 24, 2024)        

AIWC further issued an Indian women’s charter of rights seeking and urging for the equality of sexes to be the basis of citizenship in India while demanding for an improved status of women in health, education work, property etc. The code was subjected to several discussions in the parliament where, every clause was battled. The abolition of Mitakshara coparcenary was deemed to be justified. Therefore, Ambedkar’s motion was voted and welcomed on 1912-1949. Henceforth, it could be construed that UCC undoubtedly, resulted in bringing 

gender quality and a presenting men and women on an equal footing, the asserted facts above clearly present how women’s movement for the calling of UCC assisted in claiming several rights by the women in India.  

It can also be argued that UCC can act as a tool for bringing gender parity be that solemnly in a state like Uttarakhand in India or across the nation despite persisting other repercussions .  

PROS AND CONS OF UNIFORM CIVIL CODE ACROSS INDIA – A PROTOTYPE 

India constituting a multifaceted cultural canon persisting divergent heritage and folklore have their own set of beliefs and and practices. Dr. Nuzhar Praveen khan takes in charge of assessing the uniform civil code. he optimistic side of the discussion is that UCC would succor in treating with the diseases in their own personal laws and adapt them in drawing inspiration from other culture. However, many are inconsistent with the idea of such a promulgation. Dr. Furqan under chapter 6 , “ feasibility of  UCC for Social Need and Human Rights of Women” discusses that the objective has been a dead letter in the constitution. He purports that a multifarious diversity for the governance of personal laws, the idea of effectuating a uniform code is overly ambitious. Henceforth , UCC has its own boons and banes for its applicability across the nation and not solemnly a state.  

Pros are: 

1.Promulgation of a homologous code would bloom and dispense a sense of equal status to all the citizens across the nation irrespective of plural religious cultures.  

2. UCC would assist in mitigating gender inequality as, it aims at putting both women and men on an equal footing. 
3. UCC pierces the idea and problems with the amendments in current personal laws. 
4. UCC would accelerate in achieving the delusional dream of national integration while, promoting peace.  

Cons are: 

1.Implementing UCC in a nation enriched with cultural and legal plurality would be somewhat strenuous as, people might tend to dissent, become aggressive, resort to violent means when it comes to a sudden substitute with personal laws and customary practices. 

2.The application of such a legislation on a broader proximity would repudiate the protection to the tribal groups and minorities as enshrined in the constitution. Art 372 (A) to (I) dispenses special autonomy to north-eastern states to govern personal laws. However, proponents of UCC rejects the idea of any affect over minorities with such laws. The personal laws persisting in the countries like Turkey, Egypt etc. are not recognised. Prior to the commencement of the Shariat Act, Khojas, Cutchi Memons followed Hindu practices and customs . One can argue that consolidation of a community in the interest of the whole, cannot be construed as, being tyrannical. Epitomes could be presented of European countries where, common code including minority have to submit without any feeling of tyranny.  

3.In the garb of implementing UCC it, might turn against the fundamental right such as, Articles 14, 15, 21 of the Constitution .  

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1.Understanding the Uniform Civil Code (UCC) in India : Pros, Cons and Challenges available at : 

https://triumphias.com/blog/uniform-civil-code-ucc-in-india/?amp=1#Benefits_of_UCC ( last visited April 25, 2024)  

 SUGGESTIONS AND CONCLUSION 

In conclusion, the implementation of the Uttarakhand’s UCC signifies a step towards a unified state in promoting equality and justice while, achieving the delusional aim of national integration . However, it’s crucial to ensure that such a promulgation must be in conformity with the personal laws adhered by the residents of the state and also in conformity with the Constitution and the plurality of culture consisting across the nation as well. The downfalls of the legislation shall be shadowed in giving affect to such a revolutionary legislation . Henceforth, UCC incepts both boons and banes . It is therefore, a requisite to scrutinise the legislation prior proclaiming and publicizing such an agenda on a broader arena that is across the entire country, crashing which would lead to a miserable fatality in achieving the aim of  “one nation one rule” .