UNIFORM CIVIL CODE IN UTTARAKHAND: KEY POINTS
On 7th February 2024, the Uttarakhand Legislative Assembly passed the Uniform Civil Code. The Uniform Civil Code aims to bring uniform laws for matters relating to succession, divorce, inheritance, marriage, etc. These were earlier governed through personal laws.
The concept of a uniform civil code is mentioned in Article 44 which states that “the State should endeavor to secure the citizen a Uniform Civil Code throughout the territory of India”. However, the drafters of the Constitution left the establishment of a uniform civil code to the discretion of the Government.
Key Features of Uttarakhand’s Uniform Civil Code
The main objective of the Uniform Civil Code is to replace the distinct personal laws of every religion which governs matters relating to marriage, adoption, inheritance, etc. as guided by Article 44 of the Constitution of India.
The Uniform Civil Code applies to the whole of the State of Uttarakhand and also applies to residents of Uttarakhand who reside outside the territories of Uttarakhand. However, the Code is not applicable on members of the Scheduled Tribes.
The salient features of the Code are:
Marriage
The Uniform Civil Code abolished the concept of Iddat (a waiting period observed by Muslim women after divorce or death of their husband before remarrying), bigamy (marrying someone when already legally married) and polygamy (having numerous spouses) and has created a uniform age of marriage for both men (21 years of age) and women (18 years of age). The Code has also highlighted a list of prohibited relationships for both marriage and live-in relationships given under Schedule 1 of the Code.
All marriages must be mandatorily registered within sixty days of commencement to the registering authority as given in the Code. Providing false information on the registration of marriage is a punishable offence with imprisonment up to three months or a fine not exceeding Rs. 25,000. Non-registration of marriage is also liable for a fine of up to Rs. 10,000.
According to the Code, a marriage cannot be dissolved without judicial intervention. If either party attempts to dissolve a marriage without a court order, he/she is liable to be punished with imprisonment up to three years. Furthermore, if a marriage is performed outside the conditions elucidated in the Code, the offender is liable to pay a fine of up to Rs. 50,000 or imprisonment up to six months.
The Code has also attempted to aid speedy judicial process by requiring that a decree be issued within sixty days of filing a divorce petition in court.
The Code also allows for maintenance to be paid to both men and women.
Live-In Relationship
The Uniform Civil Code has defined a live-in relationship as a relationship in the “nature of marriage” between a man and a woman. The Code requires for a mandatory registration of live-in relationships through a “statement of live-in relationship” within one month of entering into the relationship. Failing to register a live-in relationship within the time period can result in a criminal offence with imprisonment up to three months or a fine not exceeding Rs. 10,000.
According to the Code, a live-in relationship can be terminated by either party through submission of a “statement of termination”.
Children Born out of Wedlock
The Uniform Civil Code has also eliminated the concept of illegitimate child which is a reform brought about by the Code. Currently, a guardian-child relationship is regulated by both general and personal laws. Although the Indian judiciary has tried to improve the status of illegitimate children by providing them with certain rights such as inheritance and maintenance, children born out of wedlock are still discriminated against and are not granted equal rights with respect to legitimate children.
Under Uttarakhand’s Uniform Civil Code, children born out of wedlock as well as children born in live-in relationships are legitimate.
Property and Inheritance
Uttarakhand’s Uniform Civil Procedure Code has eliminated the concept of coparcenary property which has been referenced under Hindu personal laws.
As per the Hindu Succession Act of 1956, a property can be held as a coparcenary property or as a self-acquired property. A coparcenary or ancestral property can be held by four generations of Hindus who are known as coparceners. The property must be divided in order for a coparcener to get his share of the property. This concept has been removed as per the Uniform Civil Code which has created a uniform method of succession to all persons irrespective of religion.
Conclusion
Uttarakhand’s Uniform Civil Code is a step towards incorporation of Article 44 of the Constitution of India and creating a secular code for regulating all matters relating to marriage, divorce, succession, etc.
