Concerns About Uttarakhand Civil Code: A Call for Inclusive and Just Reform

The recently enacted Uttarakhand Civil Code (UCC) has sparked widespread debate due to its potential impact on individual rights, religious freedom, and gender equality. While the intention of unifying family laws might seem laudable, several aspects of the code raise serious concerns.

Exclusion and Lack of Consultation:

• Tribal communities: Excluding them from the code's application undermines their unique legal traditions and cultural identity.
• Minority communities: The code ignores progressive aspects of Muslim personal laws and offers no consultation with Christian, Parsi, and other religious communities, potentially infringing on their rights.

Live-in Relationships:

• Criminalization: Mandatory registration with draconian penalties transforms a personal choice into a criminal offense, raising concerns about privacy and individual liberty.
• Exclusion of LGBTQ+ community: The definition of "live-in relationships" as between a man and woman excludes same-sex couples, perpetuating discrimination.

Gender Justice Issues:

• Regressive provisions: Retention of archaic practices like "restitution of conjugal rights" poses grave implications for women, potentially leading to marital coercion.
• Limited inheritance rights: While appearing gender-equal on paper, the code takes away protections given to Hindu daughters by the 2005 amendment, making them vulnerable to property dispossession.
• Ignoring progressive aspects of minority personal laws: The code fails to incorporate positive features like mandatory "mahr" payments in Muslim law, which provide financial security for women.

One-upmanship over Inclusive Reform:

• Targeting minorities: The perceived focus on "changing" Muslim laws suggests an agenda of asserting dominance rather than genuine pursuit of equality.
• Ignores existing inequalities: The code fails to address discriminatory practices within Hindu family laws, perpetuating inequalities faced by Hindu women.

Recommendations for a Just UCC:

• Inclusive consultations: Engage with all stakeholders, including minority communities and LGBTQ+ groups, to ensure their voices are heard.
• Protect individual rights and privacy: Respect personal choices and avoid criminalizing non-harmful acts like unregistered live-in relationships.
• Incorporate progressive provisions: Consider positive aspects of existing personal laws that empower women and promote equality across communities.
• Address existing inequalities: Focus on reforming discriminatory practices within all religious communities, not just targeting perceived shortcomings in certain laws.
• Prioritize genuine gender justice: Move beyond superficial equality to ensure substantive improvements in women's lives, addressing issues like economic security and freedom from violence.

By adopting an inclusive and rights-based approach, the Uttarakhand Civil Code can be reformed to truly achieve its stated goal of creating a just and equitable legal framework for all its citizens. This requires moving away from an agenda of control and one-upmanship, and instead focusing on genuine dialogue, progressive reform, and the protection of individual rights for all.