The Uniform Civil Code (UCC) has come into effect in Uttarakhand from today (January 27). With this, Uttarakhand has become the second state in India after Goa to have a uniform legal framework applicable to all citizens.
Uttarakhand Chief Minister Pushkar Singh Dhami launched the UCC portal today. A day back, he announced that UCC will be implemented in the state starting Monday. Dhami said the law will bring “uniformity” in the society and “ensure equal rights and responsibilities for all citizens”.
“UCC is just an offering made by our state in the great ‘yagya’ being performed by the Prime Minister to make the country a developed, organised, harmonious and self-reliant nation,” the CM said, as per the PTI news agency.
As UCC comes into effect in Uttarakhand, here’s what will change in the hill state from today.
What is UCC?
The Uniform Civil Code is a set of laws applicable to all citizens, irrespective of their religion, caste or community, regarding matters of marriage, divorce, inheritance, maintenance and adoption.
Uttarakhand’s UCC will not apply to Scheduled Tribes.
The uniform civil code was a major promise of the Bharatiya Janata Party (BJP) in the run-up to the Uttarakhand Assembly polls in 2022 which saw the saffron party returning to power for a second consecutive term with a historic mandate.
The Uttarakhand UCC Bill, 2024 got President Droupadi Murmu’s approval in March last year. Last week, CM Dhami-led Cabinet cleared the rules for implementing UCC.
What changes does UCC bring?
The Uttarakhand UCC will govern and regulate laws concerning marriage, divorce, succession, live-in relationships and similar matters. The code will be applicable to those living in the state as well as residents of Uttarakhand living outside.
The minimum age of marriage for both genders and across all religions has been fixed at 21 years for men and 18 years for women.
The UCC bars practices like ‘halala’, iddat and talaq – customs related to marriage and divorce in Muslim Personal Law. Polygamy and bigamy have also been banned.
It will be mandatory to register marriage and divorce. Couples will be required to provide several details including names, proof of age, religion and Aadhaar data during registration.
The Register of Marriages will be open to public inspection.
Unregistered marriages will be considered legally valid. However, failure to register a marriage after getting notice from the sub-registrar could lead to a fine of Rs 25,000.
The UCC Act also makes it compulsory to register all live-in relationships . Parental consent is necessary for live-in relationships involving people under the age of 21 years.
If a couple fails to register their live-in relationship even after a month, they can face penalties, including a jail term of three months or a fine of up to Rs 10,000.
Those who provide false information in their statement submitted to the Registrar will face imprisonment for up to three months, a fine of Rs 25,000, or both.
A child born out of a live-in relationship will be a “legitimate” child of the couple.
There will be an online portal to make it easier for couples to register their marriages or live-in relationships.
If a live-in relationship ends, the couple is required to notify the registrar by submitting a statement of termination.
Succession, inheritance matters
The law ensures women get equal rights in matters concerning property and inheritance rights.
The provisions of the UCC provide equal rights in property to sons and daughters for all classes. All children will be treated equally be it “illegitimate” children, adopted children, children born via surrogacy or children born through assisted reproductive technology.
After a person dies, his wife and children will have equal rights to his property along with the parents of the deceased.
In case of no immediate family, the property will pass to other relatives, mainly first cousins from the father’s side.
The UCC Act also underlines the order of succession, the distribution od shares, and disqualification. It ensures equal treatment for heirs and describes the government’s role in case there are no heirs.
The UCC also includes a special provision for defence personnel called “privileged will”, which can be in writing or by word of mouth.
“Any soldier or air force personnel engaged in an expedition or actual warfare or a mariner at sea can make a privileged will for which rules have been kept flexible,” as per PTI.
With inputs from agencies
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