Uttarakhand has become the first state of India to implement, its own Uniform Civil Code (UCC). The implementation was done on Monday, January 27. The state assembly passed the bill on February 7, 2024.
What is the Uniform Civil Code?
The Uniform Civil Code is mentioned in Article 44 of the constitution, which states that the state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.
Uniform Civil Code of Uttarakhand
It is a set of laws, which contains 392 sections under 7 schedules, based on over 750-page draft, spread in four volumes. This law applies to all the citizens of Uttarakhand except Scheduled Tribes irrespective of their religion, caste, or community. About matters of marriage, divorce, inheritance, maintenance, and adoption.
Why Schedule Tribes are excluded?
Uttarakhand CM has stated that tribes have been excluded to protect them and their rights under Article 342 of the constitution.
What things will Change after UCC?
- It will govern and regulate the laws related to marriage, divorce, succession, inheritance, live-in relationships. The minimum age of marriage for men and women has been fixed at 21 years.
- Couples are needed to register marriage and divorce. Failure to register marriage could lead to a fine of Rs. 25000. Polygamy and Bigamy have been banned, and customs such as halala, iddat, and talaq are prohibited in Muslim Personal Law.
- The law also makes registration necessary for people to live in a relationship with the consent of their parents.
- If the couple fails to register their live-in relationship, they might get fined up to 10,000 and jailed.
- A child born out of a live-in relationship will be recognised as the ‘legitimate' offspring of the couple. Also, if the relationship ends, the couple has to notify the concerned office by submitting a statement of termination.
Succession, inheritance matters
The law affirms women get equal rights in matters regarding property and inheritance rights.
The provision upholds equal rights in property to children of all classes. The provision also guarantees that after a person dies, equal rights of property will be given to wife and children. If no immediate family claims, the property will get pass to other relatives, the first cousins from father's side will be considered on priority.
Privileged Will For Defence Personnel
- The UCC of Uttarakhand makes a special provision for Defence Personnel called Privileged Will.
- Any defence personnel engaged in an expedition or actual warfare can make a privileged will for which rules have been kept flexible.
- Privileged wills may be writing or may be made by word of mouth.