Source: Indian Express

Introduction

The Uttarakhand Legislative Assembly made a significant stride on 7th February 2024 by passing the Uniform Civil Code (UCC) Bill, 2024, following a comprehensive two-day deliberation. This monumental legislation aims to establish uniformity in personal laws pertaining to critical aspects such as marriage, divorce, and inheritance across diverse communities in the state, with the exception of tribal communities.

What is Uniform Civil Code?

• Article 44 enshrined in Chapter IV of the Constitution of India, 1950 states that “The State shall endeavor to secure the citizens a UCC throughout the territory of India”.
  • Our Constituent Assembly borrowed the Directive Principles of State Policy (DPSP) from the Irish Constitution of 1937.
• Chapter IV of the Constitution of India describes about DPSP (Article 36-51). These are policies that the State needs to implement for the overall betterment of society.
• UCC aims to apply a uniform set of personal laws upon each religion in India.
• The matters covered under UCC are Marriage, Inheritance, Maintenance, Guardianship, Succession, Adoption, etc.

What are the Implications of the UCC Bill?

• The passage of the UCC Bill heralds a new era of legal harmony and social coherence within Uttarakhand.
• At its core, the Bill extends the principle of monogamy to the Muslim community, a provision that aligns with the ethos of gender equality and fairness in matrimonial relations.
• Notably, the clause stipulating that "neither party has a spouse living at the time of the marriage" introduces a uniform standard for marital unions, bridging the disparity that previously existed between personal laws of different communities.

What is the Data on Polygamy?

• A critical aspect of the UCC Bill pertains to addressing disparities in polygamous practices across various religious communities.
• While data from government sources such as the decadal census and the National Family Health Survey (NFHS) offer insights into the prevalence of polygamy, they also present certain limitations.

What are the Limitations of Data Collection?

• The census methodology, which infers polygamy from the difference in the number of married men and women, lacks directness and may not fully capture the complexities of marital arrangements.
• Moreover, the last census was conducted in 2011, rendering the data somewhat outdated.
• Similarly, while the NFHS provides more direct insights into polygamous practices, its sample size remains relatively small, representing less than 1% of India's total households.

What are the Insights from Government Studies?

• Despite limitations, past government studies offer valuable insights into polygamous trends.
• The 1974 study notably highlighted higher rates of polygamy among Buddhists, Jains, and Hindus compared to Muslims, challenging prevalent misconceptions about polygamy.

What is Analysis of Census and NFHS Data?

• Recent census and NFHS data shed light on the prevalence of polygamy across different religious communities.
• The census of 2011 revealed a notable difference between the number of married men and women, suggesting potential instances of polygamy or migration.
• Similarly, NFHS 5 data demonstrated varying levels of polygamy across religious groups, with Christians and Muslims reporting higher incidences compared to Hindus.

What are Trends in Polygynous Marriages?

• A study conducted by the International Institute of Population Sciences highlighted a decline in polygynous marriages from 2005-06 to 2019-21, indicating a positive shift towards monogamous norms.
• This trend underscores the evolving societal attitudes towards marital practices and the growing acceptance of monogamy across diverse communities.

Conclusion

The passage of the Uniform Civil Code Bill in Uttarakhand marks a significant milestone towards achieving legal parity and social cohesion. By fostering uniformity in personal laws, the legislation endeavors to promote equality, justice, and inclusivity across diverse religious communities.