Uttarakhand became the first State in the country to pass Uniform Civil Code

7 February 2024Neeraj Mishra

Table of Contents

Explained Uttarakhand Uniform Civil Code

On February 07, the Uttarakhand State Legislative Assembly approved the Uniform Civil Code(UCC), Uttarakhand, 2024 Bill. With this, Uttarakhand became the first State in the nation to enact legislation regarding a Uniform Civil Code.

Key highlights:

Both spouses, sons, and daughters have equal property rights.
Men can marry at 21 yrs and women at 18 yrs.
Polygamy and child marriage are prohibited.
Unregistered live-in partners may face up to 3 years in jail or a fine of Rs. 10,000.

Context:

The Uniform Civil Code (UCC) entails a standardized legal framework applicable to all Indian citizens, irrespective of religious affiliations, governing matters such as marriage, divorce, inheritance, and adoption, among other personal affairs.

What is Uniform Civil Code?

A Uniform Civil Code is conceived as a comprehensive framework of laws that oversee personal matters, encompassing aspects like marriage, divorce, adoption, inheritance, and succession, applicable to all citizens regardless of their religious affiliations.

Directive Principles of State Policy and the Uniform Civil Code (UCC)

As outlined in Article 44 of the Indian Constitution within the Directive Principles of State Policy, the Uniform Civil Code (UCC) urges the state to strive for a unified legal system governing personal matters for all Indian citizens.

Nevertheless, although the Constitution mentions the UCC, it does not require its immediate enforcement, granting the government the authority to decide when and how it should be implemented.

Implementation of Uniform Civil Code in Goa

Currently, Goa stands as the only state in India that has partially implemented a UCC, as it adopts the Portuguese Civil Code of 1867 for certain personal matters like marriage, divorce, and succession.

What is the Uniform Civil Code Uttarakhand 2024 Bill?

The Uniform Civil Code Uttarakhand 2024 Bill is legislation proposed by the Uttarakhand government to establish a uniform set of civil laws applicable to all citizens of the state, irrespective of their religious affiliations.

UCC process began in 2022

The process began in 2022 when the government convened a panel to draft the bill. This panel, chaired by retired Supreme Court judge Ranjana Prakash Desai, includes retired justice Pramod Kohli, social activist Manu Gaur, former Uttarakhand Chief Secretary Shatrughan Singh, and Vice Chancellor of Doon University, Surekha Dangwal.

The draft report spans over 740 pages, divided into four volumes, outlining the proposed laws and regulations under the Uniform Civil Code.

Key takeaways of Uttarakhand Uniform Civil Code (UCC) Bill

1. Regulation of Live-in Relationships

The Uttarakhand UCC Bill mandates live-in partners to submit a statement of their relationship to the Registrar, regardless of their residence status. Failure to comply may result in penalties including imprisonment or fines.
The partners are obligated to submit this statement to the Registrar within the jurisdiction they reside, following a prescribed procedure.
The Registrar will conduct a brief inquiry to verify that the relationship doesn’t violate specific prohibited categories, such as involving a minor, a married individual, or someone already in another live-in relationship.

Fine/penalties

Failure to submit the statement for live-in relationships lasting over one month may lead to penalties, including imprisonment for up to 3 months, a fine of up to Rs 10,000, or both.

If individuals provide false information or withhold information during registration, they could face a 3 months jail term and a larger fine of Rs 25,000.

If either partner fails to submit the live-in relationship statement upon receiving a notice, they may face a 6 months jail term and a fine of Rs 25,000.

Additionally, partners must inform the registrar if the relationship terminates by submitting a “statement of termination of relationship.”

2. Prohibition of Bigamy

Section 4 of the Uttarakhand UCC Bill lays out five prerequisites for marriage, emphasizing that marriage is permissible only when these conditions are met.
The initial condition stipulates that neither party involved in the marriage should have a living spouse, thereby prohibiting bigamy or polygamy.

Note:

Bigamy refers to the act of marrying someone while already being legally married to another person.
Polygamy, on the other hand, is a broader term that encompasses having multiple spouses simultaneously, which can include both polygyny (one man having multiple wives) and polyandry (one woman having multiple husbands).

3. Marriage & Divorce

The UCC Bill sets the minimum marriageable age at 21 for men and 18 for women, with exceptions for customary practices within certain communities.

The fourth condition upholds the “customary” exemption from the Hindu Marriage Act for couples falling within the “degrees of prohibited relationships,” where both individuals share a common ancestry or are spouses of a common ancestor.
This exemption is applicable to communities with recognized traditions permitting marriages within these restricted relationships.
During marriage, men must not have a living wife, and women must not have a living husband, while both parties must be mentally sound.
Marriages cannot take place within prohibited relationships, which include the immediate family members of the father, mother, grandfather, and grandmother.

Every marriage must be registered within a period of 60 days.

Providing false information during marriage registration can lead to a three-month jail sentence and a fine of ₹25,000, while failing to register the marriage incurs a fine of ₹10,000.

Marriages cannot be dissolved without a court order

Marriages cannot be dissolved without a court order, with a potential punishment of up to 3 years in jail for offenders.
Marriages conducted in violation of specified conditions may result in a six-month jail term and a penalty of up to ₹50,000.

Divorce

Divorce petitions must be filed in designated courts, with decrees issued within 60 days.
Both men and women are entitled to alimony and maintenance. Appeals are permitted in the high court in cases where family court orders are issued without consent.

4. Exclusion of Tribal Communities from UCC

The Uniform Civil Code will not be applicable to individuals who are considered “members of any Scheduled Tribes” as defined in clause (25) of Article 366, in conjunction with Article 142 of the Constitution of India.
Additionally, it will not apply to individuals or groups whose customary rights are safeguarded under Part XXI of the Constitution of India.

5. Other Provisions

The UCC aims for gender equality, adoption rights for all, and the prohibition of certain Islamic rituals.
It aims to prohibit practices like halala and iddat, which are Islamic rituals required of women following divorce or the death of their husband.
Focus on gender equality, treating men and women equally in inheritance and marriage matters
The bill allows equal property share to Muslim women, increasing from the existing 25% share under Muslim personal laws.

Constitutional Validity of Uttarakhand UCC Bill

Article 162 of the Indian Constitution grants states the power to legislate on matters within their jurisdiction, including personal laws covered under Entry 5 of the Concurrent List. This affirms Uttarakhand’s authority to enact a UCC.