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Uttarakhand become the first state to Enforce Uniform Civil Code
In a historic move, Uttarakhand has become the first state in India to implement a Uniform Civil Code (UCC). This landmark decision lays down a comprehensive legal framework, bringing uniformity to marriage, divorce, property, inheritance, and adoption laws for all citizens within the state. The Code comes into effect nearly a year after the Bill was passed in the Uttarakhand Assembly, fulfilling one of the Bharatiya Janata Party’s (BJP) key election promises during the 2022 state elections.
Key Provisions of the Uniform Civil Code
One of the primary goals of the new law is to establish a cohesive legal system that applies to all residents of Uttarakhand, irrespective of their religion or personal beliefs. The Uniform Civil Code aims to address various social issues, ensuring equality and protection of rights for all citizens.
- Marriage and Divorce Laws
Under the new Code, marriages will need to be registered, providing a streamlined and transparent process for couples across different communities. The law sets a uniform minimum marriage age for both men and women—21 years for men and 18 years for women. This provision is designed to encourage individuals to complete their education before entering into marriage.
The Code also bans harmful practices such as child marriage, polygamy, and triple talaq, which has long been a contentious issue within certain religious communities. It also establishes a uniform process for divorce, ensuring a fair and transparent legal procedure for all.
2. Live-in Relationships
Perhaps one of the most striking features of the new law is the regulation of live-in relationships. The Uttarakhand Uniform Civil Code mandates the registration of live-in relationships, with a special focus on ensuring legal protections for individuals involved in such arrangements. If individuals in live-in relationships fail to register within the stipulated time, they could face a jail term of up to three months or a fine of Rs 25,000. Even a delay in registration could result in a fine of Rs 10,000 or imprisonment for up to three months. Additionally, the Code mandates parental consent for individuals under the age of 21 years entering into live-in relationships.
The law also covers live-in relationships that extend beyond Uttarakhand, applying to “any resident of Uttarakhand” engaged in such a relationship outside the state. This will bring a level of uniformity and legal accountability to live-in arrangements, which previously existed in a legal grey area.
3. Property, Inheritance, and Adoption
The new legal framework also addresses issues related to property rights, inheritance, and adoption, ensuring that the rules are applicable to all citizens regardless of their personal background. The uniformity in these areas is expected to simplify legal processes and reduce confusion arising from different laws that exist under various religious customs.
4 .Exemptions for Scheduled Tribes
One of the important nuances in the Code is the exemption for Scheduled Tribes (STs). The law will not apply to this group, recognizing the unique cultural and legal practices within tribal communities. This exception acknowledges the importance of preserving the rights and customs of indigenous populations in the state while maintaining the overall uniformity for the majority of citizens.
Implications of the Uniform Civil Code
The implementation of the Uniform Civil Code in Uttarakhand marks a significant shift towards legal equality, particularly for women and marginalized groups. By ensuring that marriage and divorce laws, as well as property and inheritance rules, are applicable to all citizens, the Code aims to reduce discrimination and protect individuals’ rights, irrespective of their religious or social background.
Furthermore, the regulation of live-in relationships could set a precedent for other states to follow, bringing much-needed clarity and protection for individuals involved in non-traditional partnerships. However, the mandatory registration of such relationships and the penalties for non-compliance have also sparked debates about individual freedoms and privacy.