Uttarakhand’s notification of the Uniform Civil Code rules is being seen as a trial balloon prior to the enactment of a countrywide law. But the opportunity to win public support for a pan-Indian UCC has, regrettably, been overshadowed by the state government’s overreach in bringing live-in relationships under the scope of the law.

In other respects, it isn’t hard to put a positive spin on the UCC. The statute unequivocally puts an end to personal laws that allow bigamy/polygamy and the marriage of minor girls. The latter is especially welcome, as the High Courts have been at odds over the question of whether Muslim law, which allows a girl to marry after reaching puberty, can be overruled by the Prohibition of Child Marriage Act (2006).

The UCC puts women of all communities on an equal footing as far as marriage, divorce, alimony and child support are concerned. Further, in terms of inheritance, girls will have a right to an equal share of ancestral property, and if the parent dies intestate, to an equal share of parental property. The Code makes particular mention of a Muslim custom that disallows a man from remarrying a spouse he had previously divorced until she has been married to another man for a period of time. Abetment of such a marriage will invite harsh penalties.

In effect, personal laws in any shape or form will not apply within the borders of Uttarakhand. As with any sweeping initiative, there are certain grey areas.........

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