Uttarakhand has enacted the Uniform Civil Code (UCC), becoming the first state in independent India to implement such legislation. The UCC standardizes laws related to marriage, divorce, inheritance, and live-in relationships, aiming to provide a consistent legal framework for all residents, irrespective of religion or community.
Chief Minister Pushkar Singh Dhami emphasized that the UCC seeks to promote uniformity and empower women. He stated, “All preparations have been completed to implement the UCC, including getting approval of the rules for the implementation of the Act and training of officials.” The legislation was passed by the Uttarakhand Legislative Assembly on February 7, 2024, following the submission of a draft by a committee led by former Supreme Court judge Ranjana Prakash Desai.
The UCC introduces several key provisions:
– Marriage and Divorce: Establishes a common minimum marriageable age—18 years for women and 21 years for men—and mandates compulsory registration of all marriages. It specifies uniform grounds for divorce, addressing issues such as cruelty, adultery, desertion, and mental illness. Provisions for spousal and child maintenance after divorce are also included.
– Inheritance and Succession: Grants equal inheritance rights to sons and daughters, eliminating distinctions between ancestral and self-acquired property. It establishes uniform succession rules based on the relationship to the deceased, irrespective of religious affiliation.
– Live-in Relationships: Mandates the registration of live-in relationships, granting them legal recognition and protecting the rights of individuals in such partnerships. It ensures the rights of children born to partners in registered live-in relationships, including access to inheritance and maintenance.
– Additional Provisions: Prohibits polygamy for all individuals, reinforces the ban on child marriage, and specifies the jurisdiction of courts in matters related to marriage, divorce, inheritance, and maintenance under the UCC.
The Act exempts members of Scheduled Tribes, allowing them to continue following their customary laws in personal matters.
The implementation of the UCC has elicited mixed reactions. Supporters argue that it promotes gender equality and simplifies the legal process by eliminating the complexities arising from diverse personal laws. Critics, however, express concerns over potential infringements on religious freedoms and the practicality of enforcing uniformity in a diverse society.
Legal experts have noted that while the UCC aims to create a cohesive legal framework, its success will depend on effective implementation and public acceptance. The mandatory registration of live-in relationships, for instance, has raised questions about privacy and individual autonomy.
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