Uttarakhand, the first state in the country to adopt the Uniform Civil Code (UCC), will serve as a testing ground for the BJP to assess the larger impact of the radical move, ahead of the Lok Sabha elections. It has been one of the core agendas of the saffron party. In its manifesto for the 2019 elections, the BJP had promised to draft a UCC for the entire country, “drawing upon the best traditions and harmonising them with the modern times.” While the Common Civil Code was listed among the Directive Principles in tune with Article 44 of the Constitution, successive governments have refrained from going ahead with the idea, given the sensitivities involved.
Now, the BJP-ruled Uttarakhand has passed the UCC bill, which proposes a common law on marriage, divorce, land, property, and inheritance for all citizens – irrespective of their religion. However, it comes across as regressive because it proposes strict regulation of live-in relationships. The proposed legislation makes it mandatory for both partners to submit a statement to the registrar on their relationship within a month after they start living together, failing which they will face a prison term of up to three months, a fine, or both. This harsh provision runs the risk of being misused to target live-in couples. By seeking to criminalise non-registration of a live-in relationship, the proposed new law faces the danger of being misused based on a complaint by a third party. Assam and Gujarat, which also are ruled by the BJP, have announced the introduction of UCC. With the election nearing, it looks the BJP will focus on introducing a UCC all over India. This might be their next big move before the general elections.