What is Uniform Civil Code:
A Uniform Civil Code is conceptualized as a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession ,for all citizens regardless of religion.
Key Features:
- Complete Ban on Polygamy and Child Marriage.
- Equal divorce rights for both husband and wife.
- Equal property rights for sons and daughters.
- Elimination of the distinction between legitimate and illegitimate children.
- Equal property rights after Death.
- Inclusion of Biological and adopted children.
- Registration of Live In relationships was made compulsory and parents permission is needed for couples below the age of 21 failing to any will suffer jail term for around 4 months.
Table of Contents
Introduction:
Uttarakhand, under the leadership of Chief Minister Pushkar Singh Dhami, has embarked on a significant legislative journey by introducing the Uniform Civil Code (UCC) in the state Assembly. This initiative, resonating with Prime Minister Narendra Modi’s vision of ‘Sab ka Saath, Sab ka Vikas’ and ‘Ek Bharat, Sreshtha Bharat,’ aims to streamline personal laws governing marriage, divorce, inheritance, and other civil matters. Here’s a breakdown of the major provisions outlined in the proposed UCC Bill:
1. Exclusion of Tribal Communities:
While the UCC seeks to establish uniform laws applicable across religious lines, it exempts tribal communities. This decision acknowledges the unique customary practices prevalent among tribal groups and respects their autonomy in matters governed by traditional laws.
2. Regulation of Live-in Relationships:
The UCC Bill introduces provisions to regulate live-in relationships within the state. Couples engaging in live-in relationships are required to submit a statement to the Registrar, irrespective of their residency status in Uttarakhand. Failure to comply with this requirement may result in penalties, including imprisonment or fines. Additionally, the bill mandates informing the registrar in case of termination of the relationship.
3. Prohibition of Bigamy:
Under the UCC Bill, bigamy or marriages involving more than one spouse are strictly prohibited. This provision reinforces the principle of monogamy and aims to promote marital fidelity and stability within society.
4. Marriage Age and Prohibited Relationships:
The bill sets the minimum marriageable age for men and women at 21 and 18, respectively, aligning with existing legal standards. Moreover, it maintains exceptions for certain communities with established customs permitting marriage within the “degrees of prohibited relationships.” This provision respects cultural diversity while ensuring adherence to legal standards.
5. Gender Equality and Social Cohesion:
Several recommendations within the UCC Bill are aimed at fostering gender equality and social cohesion. These include the abolition of practices such as polygamy and child marriage, standardization of marriageable age for girls across all faiths, and equal property rights for sons and daughters. By addressing these issues, the bill seeks to promote a more equitable and inclusive society.
6. Legal Framework Beyond Religious Boundaries:
The UCC Bill proposes a comprehensive legal framework encompassing various aspects of civil life, including marriage, divorce, land, property, and inheritance laws. By transcending religious boundaries, this framework ensures uniformity and consistency in legal proceedings, fostering a sense of equality and justice for all citizens.
7. Adoption Rights and Simplified Procedures:
In a significant move, the proposed UCC extends adoption rights to all individuals, including Muslim women. It also simplifies adoption procedures and promotes the declaration of live-in relationships, providing legal recognition and protection to individuals in non-traditional family arrangements.
Conclusion:
As Uttarakhand takes decisive steps towards implementing the Uniform Civil Code, it signifies a significant shift towards harmonizing personal laws and promoting social justice. By embracing uniformity and inclusivity, the UCC Bill not only aligns with constitutional principles but also reflects the progressive aspirations of a modern society. As deliberations continue in the state Assembly, the adoption of the UCC holds the promise of a more equitable and cohesive society for the people of Uttarakhand.
