Uniform Civil Code {UCC} in Uttarakhand

Introduction

As the first state in independent India to adopt the Uniform Civil Code, Uttarakhand became the first after the Assembly enacted the Uttarakhand Uniform Civil Code (UCC) Bill 2024. With the passage of this bill, all citizens of Uttarakhand (except the Scheduled Tribes) would be subject to uniform laws on marriage, divorce, property inheritance, and cohabitation, irrespective of their religious or spiritual beliefs.

The Constitution's Article 44, "Directive Principles of State Policy," which commands the state to work toward securing a Uniform Civil Code for its residents across the nation, is the source of Uttarakhand's laws.

A common law on marriage, divorce, property inheritance, and cohabitation is proposed by Uttarakhand UCC Bill 2024 for all citizens, regardless of faith. Application: It addresses issues about adoption, inheritance, divorce, and marriage.

The government of Uttarakhand has long been considering creating a state-wide uniform civil code. In the end, the Uttarakhand government said that a five-person Expert Committee, chaired by Justice Ranjana Prakash Desai, a former Supreme Court judge, will be formed to prepare the Uniform Civil Code Bill.

The committee's other members were:-

• Permod Kohli (Hon’ble Judge)

• Shri Shatrughna Singh (IAS)

• Shri Manu Gaur (Social Activist)

• Prof. Surekha Dangwal (Vice Chancellor, Doon University)

• Shri Ajay Mishra (Secretary, R.C, Uttarakhand)

Important Key Points of the Uttarakhand UCC

Relevance

• All citizens of Uttarakhand are covered by it, except the state's tribal population.

• According to Section 2 of the Bill, "Nothing contained in this code shall apply to the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India and the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 142 of the Constitution of India."

Marriage

• The measure requires all marriages to be registered within 60 days of the wedding ceremony. Regardless of whether they marry inside or outside the state, all Uttarakhand residents are covered by this legislation.

• Marriages that are not registered are not void, however, the involved parties may be fined Rs 10,000.

• False information provided on purpose could result in a fine of Rs 25,000 and a three-month prison sentence.

• A court order is required for the dissolution of any marriage; otherwise, the offender faces a maximum 3-year prison sentence.

Live-in Relationships

• It will be mandatory to register any live-in relationship under the state's jurisdiction, whether or not the involved man and woman are Uttarakhand citizens.

• If cohabiting couples fail to provide their statement, they will receive a notification before any criminal charges are brought against them.

• Only a formal statement to that effect may be submitted by partners to end the partnership.

• If their live-in partner deserts them, women can file maintenance claims with the appropriate court.

• Offspring resulting from these kinds of partnerships will be regarded as legal.

Relationships for Queers

• The Bill solely covers heterosexual relationships and excludes members of the LGBTQIA+ community from its purview.

• It describes a live-in relationship as a "relationship between a man and a woman" who cohabit in a shared household through a partnership similar to marriage, even though it employs gender-neutral terminology like "partners."

Inheritance

• All children, including those born through surrogacy or assisted reproductive technologies, adopted children, and illegitimate children, are guaranteed equal property rights under the Bill.

• The Hindu Succession Act of 1956's coparcenary system managing ancestral property is eliminated.

• The Bill departs from current personal laws by guaranteeing equal property rights for the spouse, children, and parents in circumstances of intestate succession, if there is no documented will.

What is UCC?

Article 44 of the Indian Constitution, which is a part of the Directive Principles of State Policy, refers to the Uniform Civil Code. These guidelines are intended to direct the state in formulating policies, although they are not legally binding. Some have backed it as a means of advancing gender justice and national integration, while others have condemned it as a danger to religious pluralism and freedom.

Goa, which was freed from Portuguese dominion in 1961, kept its common family law, known as the Goa Civil Code, and is the only state in India with a UCC.

Depending on their religious or communal identification, the people of the rest of India adhere to distinct personal laws.

Muslims are currently subject to their own set of laws, as are Hindus, Jains, Buddhists, Sikhs, Parsis, and Jews.

The basis for personal laws is one's religious identity.

Certain customs are still included in the revised Hindu Personal Law.

Benefits of UCC

UCC would foster secularism and national integration by giving all citizens a shared identity and a sense of community.

By doing away with the prejudice and oppression that women experience under numerous personal laws, UCC would guarantee gender justice and equality.

Women would be accorded equal status and rights about marriage, divorce, inheritance, adoption, maintenance, and other issues.

UCC would eliminate the inconsistencies and complexity of several personal laws, simplifying and rationalizing the legal system.

Significant cases related to UCC

Shah Bano Begum v. Mohammad Ahmed Khan (1985):

The Supreme Court affirmed a Muslim woman's ability to sue her husband for maintenance under Section 125 of the Criminal Procedure Code, even after the Iddat period had passed.

It also noted that the elimination of ideological inconsistencies would be facilitated by a UCC.

Sarla Mudgal v. Union of India (1995):

According to the Supreme Court, a Hindu spouse who wants to convert to Islam cannot marry a different lady without first divorcing his previous wife.

It further claimed that bigamous marriages and other fraudulent conversions would be avoided by a UCC.

Shayara Bano v. Union of India (2017):

The Supreme Court ruled that triple talaq violates Muslim women's equality and dignity and is unlawful.

It also suggested that legislation governing Muslim marriages and divorces be passed by the Parliament.

Conclusion

In conclusion, the enactment of the Uttarakhand Uniform Civil Code (UCC) Bill 2024 represents an important step in the direction of creating a legal framework that is more uniform and equitable for all Uttarakhand residents. The state has shown its dedication to advancing equality, justice, and secularism by upholding the ideals expressed in Article 44 of the Constitution, which calls for a Uniform Civil Code. About marriage, divorce, property inheritance, and cohabitation, this progressive legislation guarantees that people will be subject to the same rules regardless of their religious or spiritual ties. To promote social cohesion and protect the fundamental rights of its citizens, the Uttarakhand UCC Bill 2024 addresses important topics such as adoption, inheritance, divorce, and marriage under common law.

References

• Hindustan Times:- https://www.hindustantimes.com/opinion/uttarakhand-ucc-bill-is-a-missed-opportunity-101707485340323.html
• The Hindu:- https://www.thehindu.com/news/national/other-states/what-does-uttarakhands-ucc-entail/article67832247.ece
• Live Law:- https://www.livelaw.in/top-stories/uttarakhand-ucc-bill-mandates-registration-of-live-in-relationship-within-one-month-of-entering-into-relationship-248692
• Mint:- https://www.livemint.com/politics/news/uttarakhand-ucc-bill-live-updates-uniform-civil-code-pushkar-singh-dhami-marriage-divorce-land-inheritance-laws-religion-11707193904384.html
• The Indian Express:- https://indianexpress.com/article/explained/explained-law/uttarakhand-uniform-civil-code-bill-9131222/