UCC comes into force in Uttarakhand; Know Details

TNI Bureau: Uttarakhand became the first state in India to implement the Uniform Civil Code (UCC), On January 27, following Goa, which has had a similar framework in place. Chief Minister Pushkar Singh Dhami officially launched the UCC portal, marking the law’s commencement. Dhami described the UCC as a step toward societal uniformity, ensuring equal rights and responsibilities for all citizens, and aligning with the vision of a developed, harmonious, and self-reliant India.

What is the UCC?

The UCC is a uniform set of laws applicable to all citizens, regardless of religion, caste, or community, covering marriage, divorce, inheritance, maintenance, and adoption. Notably, Uttarakhand’s UCC excludes Scheduled Tribes.

The UCC was a key promise of the BJP during the 2022 Uttarakhand Assembly elections, where the party won a historic second term. The Uttarakhand UCC Bill, 2024, received presidential assent in March 2024, and the state cabinet cleared its implementation rules last week.

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Key Provisions and Changes

  1. Marriage and Divorce
    • Minimum marriage age: 21 for men, 18 for women.
    • Practices like halala, iddat, talaq, polygamy, and bigamy are banned.
    • Marriage and divorce registration is mandatory, requiring details such as names, proof of age, religion, and Aadhaar.
    • Non-registration after a notice from the sub-registrar incurs a ₹25,000 fine.
  2. Live-in Relationships
    • Registration of live-in relationships is mandatory, with parental consent required for those under 21.
    • Failure to register within a month could lead to penalties: a three-month jail term or a fine of up to ₹10,000.
    • Termination of live-in relationships must be notified to the registrar.
    • Children born out of live-in relationships are deemed legitimate.
  3. Property and Inheritance
    • Equal property and inheritance rights for sons and daughters across all classes.
    • Equal treatment for biological, adopted, surrogate, or “illegitimate” children.
    • After death, property will be equally shared among the spouse, children, and parents of the deceased.
    • In the absence of immediate family, property will pass to other relatives, primarily first cousins from the father’s side.
    • The UCC specifies the order of succession and disqualification criteria, ensuring equal treatment of heirs.
  4. Special Provisions for Defence Personnel
    • Defence personnel can create a “privileged will” during expeditions or warfare, which can be verbal or written, with flexible rules.

Implementation Highlights

  • An online portal simplifies marriage and live-in relationship registrations.
  • The Register of Marriages will be publicly accessible.
  • Falsifying information during registration can result in up to three months of imprisonment, a ₹25,000 fine, or both.

 

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