On January 27, 2025, Uttarakhand became the first Indian state to implement the Uniform Civil Code (UCC). Since its founding, UCC has faced both support and criticism for its mission to reconcile personal laws across all religions.
The UCC Act of Uttarakhand establishes a single marriageable age for men and women, outlines grounds and provisions for divorce, and prohibits polygamy and “halala.” It also governs and regulates laws pertaining to marriage, divorce, succession, live-in relationships, and related concerns.
Uniform Civil Code: What is it?
The Uniform Civil Code (UCC) is a body of rules designed to replace individual laws derived from religious texts and conventions. Its goal is to ensure that all people are treated equally and fairly in the following areas:-
• Equal marriageable age, polygamy restriction, and the outlawing of unjust customs like “halala” are all aspects of marriage and divorce.
• Inheritance: The right to inherit assets and property is gender neutral.
• Persons in live-in relationships: Protection of those involved.
• Will provisions: Creating clear, comprehensive guidelines for drafting wills that include special clauses for military members.
Why does Uttarakhand need the UCC?
UCC Uttarakhand is significant because
• Eliminating gender bias in personal legislation is a step toward promoting gender equality.
• Simplified Legal procedure: To make the procedure go more smoothly, some complexity in personal laws have been removed.
• Promoting National Integrity: A strategy for fostering a sense of unity among citizens.
Important Aspects of Uttarakhand’s UCC
All citizens of Uttarakhand are subject to the UCC, with the exception of scheduled tribes and those with protected authority. The laws pertaining to marriage and divorce, different succession, cohabitation, and other relevant topics shall be governed and regulated by the Uttarakhand Uniform Civil Code Act. It would forbid polygamy and ‘halala’ and ensure that men and women are of equal marriageable age, divorce reasons, and procedures across all religions and societies.
Live-in Relationship Registration
The UCC now mandates all marriages and cohabiting couples to register, requiring the submission of crucial data such names, proof of age, religion, and Aadhaar numbers. Authorities will investigate any third-party issues regarding these unions.
Legal Marriage Age
• Such parties may celebrate their marriage if neither of them has a spouse who is still alive, both of them are able to comprehend the nature of marriage, the male must be at least 21 years old, the female must be at least 18 years old, and they are not in prohibited relationships with one another.
• Marriages that take place after this Act becomes enforceable must be registered within 60 days, although registration is required if the marriage or its rites are performed in accordance with any religious custom or legal requirements.
Marriage registration
According to a government announcement, marriages consummated prior to March 26, 2010, or outside of Uttarakhand, where both partners have since taken up residence together and meet all legal requirements, may be registered (though it is not required) within six months of the Act’s creation.
Divorce
By providing equal grounds for divorce to men and women, the UCC ensures gender neutrality in the divorce procedure. Consequently, the same grounds may be used by both spouses to sue for divorce.
How Uttarakhand Prepared for UCC Implementation?
To facilitate the implementation, the state administration has envisioned a staged approach:
• Consultations with experts: Stakeholders such as social groups, legal professionals, and religious organizations were consulted by a committee led by Justice (Retd) Ranjana Prakash Desai.
• Drafting of the Law: The full range of personal laws was covered in a four-volume draft.
Campaigns for Awareness: To educate the people about the advantages of the UCC, the government organized awareness campaigns.
• Digital Infrastructure: A number of online portals have been established to facilitate the registration of marriages and the resolution of grievances.
Uttarakhand Chief Minister Pushkar Singh Dhami’s Remark on UCC
• Chief Minister Pushkar Singh Dhami called the UCC a “historic step towards equality,” emphasizing that it was not intended to target any specific community but rather to promote justice and harmony in society.
• Dhami further attributed the BJP’s electoral success in Uttarakhand to the party’s unwavering commitment to upholding the UCC.
Uttarakhand’s adoption of the Uniform Civil Code (UCC) is a significant step in the direction of creating a more equitable society. Despite the fact that it has received both praise and criticism, its success will mostly depend on how well it is implemented and accepted by the general people.
Being the first state to implement this significant progressive change, Uttarakhand set the standard for other Indian states. Whether this will result in a uniform civil code for all of India is still up for debate.
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