The Uttarakhand government has introduced a groundbreaking Uniform Civil Code (UCC) bill in the state Assembly, aiming to revolutionize personal laws, including marriage, divorce, live-in relationships, and inheritance.
Chief Minister Pushkar Singh Dhami asserts that the proposed UCC aligns with Prime Minister Narendra Modi’s vision of ‘Sab ka Saath, Sab ka Vikas’ and ‘Ek Bharat, Sreshtha Bharat.’
Some of the UCC Bill Important Highlights are below
Highlights of the UCC Bill:
- Inclusive Scope:
- The proposed UCC applies to all residents of Uttarakhand, providing a common legal framework for personal matters, excluding the Scheduled Tribes.
- A government-appointed panel, led by retired Supreme Court judge Ranjana Prakash Desai, conducted extensive consultations, collecting feedback from 2.33 lakh people and organizing over 70 public forums.
- Live-In Relationships:
- The UCC mandates the registration of live-in relationships, applicable to all residents of Uttarakhand, regardless of their origin.
- Couples must register their live-in relationships within a month, facing penalties, including imprisonment up to three months and a fine of ₹10,000 for non-compliance.
- Children born from live-in relationships will be considered legitimate, and deserted women are entitled to maintenance.
- Marriage Regulations:
- The UCC proposes a common law for marriage, divorce, land, property, and inheritance, applicable to all citizens irrespective of religion.
- Polygamy, marriage on attaining puberty, and ‘talaq’ for divorce under different forms are sought to be criminalized, with penalties up to three years in jail.
- The UCC sets the legal age for marriage at 18 for girls and 21 for boys, aligning with existing marriage acts.
- Registration Requirements:
- Within 60 days of marriage, couples must submit a memorandum to the sub-registrar, ensuring timely issuance of marriage certificates.
- Failure to register or providing false information can result in fines and other consequences.
- Inheritance and Succession:
- The UCC aligns with Hindu laws on succession and inheritance but crucially includes “father” as a class I heir in cases of intestate succession, a departure from traditional Hindu laws.
- The UCC aligns with Hindu laws on succession and inheritance but crucially includes “father” as a class I heir in cases of intestate succession, a departure from traditional Hindu laws.
- Alimony and Dispute Resolution:
- Both men and women are entitled to alimony under the UCC, mirroring provisions in the Hindu Marriage Act.
- Orders related to marriage, divorce, and alimony are to be challenged directly before the state high court.
- Voiding Extra-Judicial Divorces:
- The UCC invalidates all extra-judicial forms of divorce, including those recognized under Muslim personal law, imposing penalties of up to three years in jail.
This comprehensive UCC bill, if passed, will mark a significant shift in personal laws in Uttarakhand, fostering inclusivity and uniformity in legal practices.