New Delhi:
Uttarakhand will implement a Uniform Civil Code from January 27, laying a framework for uniform marriage, divorce, property, inheritance and adoption laws for all citizens. It will become the second state after Goa to have a uniform legal framework for citizens.
Implementation of the Code comes almost a year after the Bill was passed in the state Assembly, one of the BJPs key electoral promises in the 2022 polls. Among the clauses is the mandatory registration of live-in relationships and parental consent for live-in relationships involving individuals under the age of 21 years. The rule will apply to “any resident of Uttarakhand… in a live-in relationship outside the State”.
Failure to submit live-in relationship declarations, or providing false information, could land a person in jail for three months, attract a fine of Rs 25,000, or both. Even a month’s delay in registration could trigger a jail term of up to three months, a fine of Rs 10,000, or both.
Further, marriages will need to be registered mandatorily and the age of marriage for both genders across religions will be 21 years. This aims to ensure that they can complete their education before they get married. Some other key elements are a complete ban on polygamy, child marriage and triple talaq and a uniform process for divorce. The Code will not apply to Scheduled Tribes.
The legislation also aims to ensure equality among communities in terms of inheritance rights. The UCC also recognises children born out of live-in relationships as a “legitimate child of the couple” and ensures that they get equal rights in inheritance. Both sons and daughters will be referred to as child, omitting any gender differences.
The Uniform Civil Code bans practices that some sections of Muslim society follow when a woman loses her husband or gets divorced, including nikah halala and iddat.
