Marriage, live-ins, halala: what Maharashtra is asking citizens on a Uniform Civil Code

Maharashtra's recent launch of a 37-question public feedback portal for its Uniform Civil Code (UCC) draft committee represents a substantial move in the state's legislative landscape. This comprehensive questionnaire, which covers intricate aspects of personal law such as marriage, divorce, inheritance, live-in relationships, and even specific Muslim practices like halala and polygamy, is notably more detailed than similar surveys conducted in other states like Gujarat, which had only 13 questions. The committee, comprising legal experts, former bureaucrats, and social activists, aims to gather diverse perspectives from individuals and organizations, with the portal open until November 15, alongside planned public hearings across the state. This extensive consultation process underscores the complexity and sensitivity surrounding the UCC, which seeks to replace religion-specific personal laws with a common set of rules for all citizens. The state's Chief Minister, Devendra Fadnavis, has expressed an intent to introduce the UCC Bill in the upcoming winter session of the state assembly in December, signaling a rapid progression of this contentious legislative agenda. The detailed nature of the questions suggests an attempt to address a wide array of societal concerns and religious practices, aiming for a code that is both uniform and considers the diverse fabric of Indian society. However, the depth of inquiry also highlights the potential for significant societal debate and legal challenges, particularly concerning the balance between uniformity and the constitutional right to freedom of religion. The committee's work, following the precedent set by Uttarakhand, will culminate in a draft report that, if approved by the state Cabinet and Assembly, will be sent to the President for assent, marking a pivotal moment in Maharashtra's legal history. The process is expected to be lengthy, with other states taking at least a year to submit their reports after consultations. The outcome in Maharashtra could significantly influence the national discourse and implementation strategy for the UCC.

Maharashtra's 37 Questions

The questionnaire launched by Maharashtra's UCC committee is remarkably extensive, featuring 37 distinct questions that delve into the nuances of personal laws. Unlike Gujarat's more generalized 13-question survey, Maharashtra's approach is highly specific, addressing issues such as whether a person should be allowed to marry while already married, the preservation of customary and religious marriage ceremonies, and the establishment of a standard list of prohibited relationships for marriage. Crucially, it also seeks opinions on the mandatory registration of live-in relationships, including their commencement and termination, and whether the law should protect the rights of partners, particularly women's claims to maintenance and inheritance in cases of desertion. Furthermore, the survey directly tackles sensitive topics like bigamy, polygamy, and the practice of halala within Muslim communities. This detailed inquiry reflects a comprehensive effort to understand public sentiment across a broad spectrum of personal law matters, aiming to inform a draft that is both thorough and reflective of diverse societal views. The specificity of these questions indicates a proactive stance by the committee to address potential areas of conflict and ensure a robust framework for the proposed Uniform Civil Code.

Union Home Minister Amit Shah

The Maharashtra government's push for a Uniform Civil Code is situated within a broader national strategy championed by Union Home Minister Amit Shah, who has set a 2029 deadline for its implementation across all 21 BJP-NDA ruled states. This national directive provides a significant political impetus for states like Maharashtra to expedite their UCC drafting processes. Uttarakhand has already implemented a UCC, while Gujarat, Assam, and Madhya Pradesh have passed UCC Bills this year, with Gujarat and Assam receiving presidential assent. Chhattisgarh and Rajasthan have also established drafting committees, indicating a coordinated effort across BJP-governed regions. Maharashtra's Chief Minister Devendra Fadnavis's stated intention to introduce the UCC Bill in the state assembly's winter session aligns perfectly with this national agenda. The synchronized efforts across multiple states suggest a strategic, phased approach to UCC implementation, with each state's experience potentially informing the others. This coordinated push highlights the BJP's commitment to a core ideological promise, aiming to fulfill a long-standing objective of the party's manifesto.

Justice Ranjana Desai

The consistency in the leadership of the Uniform Civil Code committees across various states points to a centralized guiding hand in the drafting process. Retired Supreme Court judge Justice Ranjana Desai has headed all UCC committees established so far, starting with Uttarakhand in 2022. Her consistent involvement suggests a standardized approach or a shared framework being applied to the complex task of drafting a uniform code across diverse states. These committees, under her leadership, have consistently focused on key areas of personal law, including marriages, divorce and maintenance, inheritance and succession, and live-in relationships. While the questionnaires might vary in length and specificity, as seen between Maharashtra's 37 questions and Gujarat's 13, the core thematic areas remain consistent. This continuity in leadership and focus aims to ensure a degree of coherence and legal rigor in the proposed codes, even as they adapt to local contexts. Justice Desai's experience provides a crucial anchor for these committees, navigating the intricate legal and social challenges inherent in reforming personal laws.