UCC has been implemented in Uttarakhand. With the implementation of UCC, registration for live-in relationships will now be mandatory in Uttarakhand. The new law mandates that all live-in relationships must be registered with the authorities. Parental consent will be required for those living in live-in relationships with persons below the age of 21.
UCC In Uttarakhand: The Dhami government of Uttarakhand has officially implemented the Uniform Civil Code (UCC) in the state on Monday. With this, Uttarakhand has become the first state in the country to implement UCC. Uttarakhand Chief Minister Pushkar Singh Dhami launched the UCC portal and rules at an event in Dehradun on Monday. The Chief Minister also released the gazette notification for UCC. During this, he said that this law will bring uniformity in the society and will ensure equal rights and responsibilities for all citizens.
Chief Minister Pushkar Singh Dhami said, “Today by implementing UCC in Uttarakhand, we are paying our true tribute to the makers of the Constitution Babasaheb Bhimrao Ambedkar and all the respected members of the Constituent Assembly. From this moment onwards, the Uniform Civil Code has been fully implemented in Uttarakhand and the constitutional and civil rights of all the citizens of the state of Uttarakhand have become equal and from this moment women of all religions have got equal rights.” Let us tell you that the Uniform Civil Code (UCC) Act was notified on March 12, 2024 after getting the approval of President Draupadi Murmu. He said, “Uniform Civil Code is just an offering made by our state in the great ‘Yagya’ being done by the Prime Minister to make the country a developed, organized, harmonious and self-reliant nation.”
However, the opposition Congress said the implementation of the UCC in Uttarakhand was nothing but launching a pilot project without proper consent. “You talk of a uniform civil code and then make it state-specific,” said Congress spokesperson Abhishek Singhvi.
What is Uniform Civil Code
The UCC is a law that will apply to all religious communities in matters such as marriage, divorce, inheritance, adoption, maintenance, etc. India has a common or similar ‘criminal code’ for all its citizens but does not have a uniform civil law. After much debate, tribals have been excluded from the purview of the UCC and practices such as halala, iddat and talaq (customs relating to marriage and divorce in Muslim personal law) are completely prohibited. The UCC, which has 392 sections under seven schedules, is spread over four volumes. The draft was drafted by the Uttarakhand government in June 2022 by an expert committee constituted by the government to examine how the law could be introduced in the state.
The five-member expert committee headed by retired Justice Ranjana Prakash Desai submitted its draft to Uttarakhand on February 2, 2024. It was later passed by the state cabinet on February 4. After being passed in a special session of the Assembly, the bill was sent for the Governor’s approval and was approved by Lieutenant General Gurmeet Singh (Retired) on February 28. It received the President’s assent in March 2024.
What will change with the implementation of Uniform Civil Code in Uttarakhand
Marriage registration mandatory: Now all marriages must be registered.
Uniform divorce law: The same divorce law will apply to all communities irrespective of religion or caste.
Minimum age of marriage: The minimum age of marriage has been fixed at 18 years for girls of all religions and castes.
Equal right to adoption: The right to adoption will be open to all religions, but adopting a child from another religion will be prohibited.
Abolition of customs: Practices like ‘halala’ and ‘iddat’ will no longer be allowed in the state.
Monogamy applicable: If the first husband is alive, a second marriage cannot be done.
Equal inheritance rights: Sons and daughters will get equal share in inheritance.
Live-in relationship rules: Registration will be mandatory for live-in relationships. For couples below the age of 18 and 21, parental consent will be required.
Rights of children born from live-in relationships: These children will get the same rights as children born to married couples.
These rules for live-in relationships
From now on, it will be mandatory to register live-in relationships. The new law mandates that all live-in relationships must be registered with the authorities. Parental consent will be required for those living in live-in relationships with persons below the age of 21.
How is UCC in Uttarakhand
The Uttarakhand government has already enacted the Uttarakhand Uniform Civil Code Act, 2024, establishing a streamlined framework for the creation and revocation of wills and supplementary documents under testamentary succession. The Chief Minister launched the UCC portal on Monday. According to an official statement, the state government on Wednesday notified the UCC, which has clarity of legal provisions for the protection of marital terms and individual rights and social harmony. The Act applies to the entire territory of the state of Uttarakhand and is also effective on residents of the state living outside Uttarakhand.
This law applies to all residents of Uttarakhand except Scheduled Tribes and Protected Authority-Empowered Individuals and Communities. The Act does not apply to Scheduled Tribes (STs) notified under Article 342 and Article 366 (25) of the Constitution and also excludes authority-empowered persons and communities protected under Part XXI from its purview.
