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

Maharashtra's 37-question UCC survey goes further than Gujarat's 13, with questions on polygamy and halala.

The Maharashtra government appointed committee to draft the Uniform Civil Code launched its website on Thursday inviting feedback from citizens. The website has 37 questions ranging on topics including marriage, divorce, inheritance and succession.

While Union Home Minister Amit Shah has set a 2029 deadline for implementing the Uniform Civil Code (UCC) in all 21 BJP NDA ruled states, so far it is implemented in Uttarakhand. State Assemblies of Gujarat, Assam and Madhya Pradesh passed UCC Bills this year. Gujarat and Assam received President Droupadi Murmu's assent earlier this month. Chhattisgarh and Rajasthan have also set up drafting committees. Maharashtra Chief Minister Devendra Fadnavis has said that an endeavour will be to introduce the UCC Bill in the winter session of the state assembly held in December.

What are the questions on which feedback has been sought?

The questionnaire seeks responses from individual and organisations whether they support implementing a UCC in Maharashtra at this point, whether it can be introduced without infringing the right to freedom of religion, and whether it would reduce legal disputes and make legal

processes more efficient. These questions offer three options: yes, no and no comment.

The questionnaire also asks whether a person should be allowed to marry while already married, whether customary practices and religious marriage ceremonies should be preserved, and whether there should be a standard list of prohibited relationships within which marriage cannot take place. It also seeks to know if live-in relationships should be mandatorily registered, whether entering into and ending such relationships should require registration, and whether the law should protect the rights of partners, including women's claims to maintenance and inheritance in cases of desertion.

Are the questions similar to the UCC questionnaires of the other states?

The first state to set up a draft committee for UCC was Uttarakhand in 2022. All UC committees so far have been headed by retired Supreme Court judge Justice Ranjana Desai. All questionnaires focused mainly on marriages, divorce and maintenance, inheritance and succession, and live-in relationships.

While in Uttarakhand, questions were similar to the ones in Maharashtra, more specific on issues of marriage, divorce, inheritance rights between genders, Gujarat's questionnaire, was shorter with 13 questions, with opinion sought on broader issues on these topics. The Maharashtra questionnaire also has questions on bigamy, polygamy and questions addressing the practice of halala in Muslims. All states also conducted public consultations before the report was submitted.

What happens next in Maharashtra?

The portal for feedback remains open till November 15. The website allows individuals as well as organisations to give their feedback, including detailed suggestions. The committee, comprising, former Bombay High Court judge S G Mehare, former Maharashtra Chief Secretary D K Jain, former Advocate General Birendra Saraf, social activist and Padma Shri awardee Ramesh Patange, education expert Suvarna Rawal and former Uttarakhand chief Secretary Shatrughna Singh, will also conduct simultaneous public hearings, across the state.

In Uttarakhand, consultations were held in,villages, colleges, with officials from various departments, including police, law, social welfare, women empowerment and child development, discussions with religious leaders. While the portal was launched in September 2022, consultation went on till June 2023, when the announcement of the completion of the draft Code was made.

A report including a survey on the demography of the state was done and submitted in February 2024. In most states, the commitee has taken at least a year to submit the reports.

Once the consultation is completed, the draft report will be submitted, it will be placed before the state Cabinet for approval, then tabled before the Assembly and once passed, sent to the President for approval. Once the state notifies its Rules, the UCC will be in place in the state.