Uniform Civil Code Act Uttarakhand: President Gives Approval - What Does It Mean?

The Uniform Civil Code Uttarakhand Bill, 2024, has been approved by President Droupadi Murmu, marking a significant development. Following this approval, a notification will be issued by the Uttarakhand government, turning the bill into law in the Himalayan state.

Uttarakhand is poised to become the first state in the country where the UCC Act will be implemented. Shailesh Bagauli, the secretary to CM Pushkar Singh Dhami, confirmed the development, stating, "The approval has been given by the President to the bill, and it will now be brought back to Uttarakhand. After that, it will be enacted as law once the state government notifies it. The bill will soon be sent for printing."

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The 740-page draft was presented to the CM by a five-member draft panel on February 2 and subsequently approved by the cabinet on Feb 4. The bill was tabled in the Uttarakhand assembly on Feb 6 and approved on Feb 7. The bill was approved by Uttarakhand Governor Lt Gen Gurmit Singh (Retd) on February 28, this year, and it was reserved for the President's consent, as the UCC falls under the Concurrent list and requires approval from the President.

Chief Minister Dhami emphasized the bill's potential to eradicate "harmful practices, especially those targeting girls and women," stressing "The transformative impact the UCC will have on society by promoting equality and self-reliance among women." In the lead-up to the state polls in 2020, Dhami had pledged to implement the UCC in Uttarakhand if re-elected, and the state government took concrete steps to fulfil this promise.

A panel, led by Justice Ranjana Prakash Desai, was formed to draft the UCC, engaging in extensive consultations with the public. The panel received input from over 2.3 lakh people, representing 10% of the state's families, and held 72 meetings to finalize the draft.

The UCC Bill comprises seven schedules and 392 sections, addressing crucial areas such as marriage, divorce, inheritance, and live-in relationships. It aims to put an end to practices like polygamy, polyandry, halala, iddat, and talaq, while also ensuring property rights for girl and boy children and protecting the rights of unborn children. Among the highlights of the UCC are stringent provisions for failure to register live-in relationships.

Couples who fail to register their live-in status within one month will attract a jail term of up to 3 months or a fine of up to Rs 10,000. Failure to register live-in status beyond one month can invite a maximum term of six months in jail, or a fine of Rs 25,000, or both. The live-in status registration will be required if such couples want to rent or buy property in the hill state.

Notably, the child born out of a live-in relationship will be considered a legitimate child of the couple and will have all legal rights applicable to children born out of a marriage. The bill stipulates that termination of the relationship also needs to be intimated in a format prescribed by the government.

If a woman gets deserted by her live-in partner, she shall be entitled to claim maintenance, the bill states. The UCC will not apply to Scheduled Tribes in the state whose traditional rights have been protected under Section 21 of the Constitution. Among other provisions are equal marriageable age for girls (18 years) across all faiths, compulsory registration of marriage and divorce within 60 days, and sons and daughters having equal inheritance rights.

The Bill lays down the points related to the maintenance to be provided to women and alimony. Provisions and stringent punishments have been made for "ignoring or not following" the guidelines for the registration of marriages and divorce. If a person fails to follow the procedure of non-registration of marriage or divorce, a fine of up to Rs 10,000 can be slapped by the sub-registrar.

No marriage shall be deemed to be invalid solely because it was not registered or details mentioned in the memorandum were defective, irregular, or incorrect. A provision of penalty has also been kept for neglecting or submitting false statements in the registration process for marriage and divorce.

A person who willfully neglects or omits to deliver the memorandum would be liable to a penalty of up to Rs 10,000. Giving a false statement could invite a jail term of up to 3 months or a Rs 25,000 penalty or both. All marriages after March 26, 2010, would have to be registered in the state within six months.

The Uttarakhand Compulsory Marriage Registration Act, 2010 came into effect on March 26, 2010. Marriages solemnised before March 26, 2010 - where at least one party is a resident of Uttarakhand - have been given the option of getting registered in the state.

Questions Related to UCC

What is the Uniform Civil Code (UCC)?

The Uniform Civil Code (UCC) advocates for the creation of a single law for India that would apply to all religious communities regarding aspects such as marriage, divorce, inheritance, and adoption. This concept is outlined in Article 44 of the Indian Constitution, which stipulates that the state should strive to establish a Uniform Civil Code throughout the nation, as reported by Business Standard.

Why is Article 44 significant?

Article 44 of the Directive Principles in the Indian Constitution aims to address discrimination against vulnerable groups and foster harmony among diverse cultural communities across the country. Dr. B. R. Ambedkar, during the formulation of the Constitution, advocated for a UCC, which was included in the Directive Principles of State Policy as Article 44. It was intended to be implemented gradually, based on societal readiness and acceptance.

When did the uniform civil code start?

The concept of the UCC traces back to colonial India when the British government emphasized the need for uniformity in Indian law, particularly in areas such as crimes, evidence, and contracts. The B. N. Rau Committee was established in 1941 to codify Hindu law, leading to recommendations for a unified Hindu law providing equal rights to women.

What is the significance of the Hindu Code Bill?

The Hindu Code Bill, drafted based on the recommendations of the B. N. Rau Committee, aimed to reform and codify Hindu personal law, granting women enhanced property rights. Eventually adopted in 1956 as the Hindu Succession Act, it brought significant changes to succession laws, ensuring equal rights for women in matters of inheritance.

How do civil laws differ from criminal laws?

While criminal laws in India are uniform and apply equally to all citizens, irrespective of their religious beliefs, civil laws are influenced by faith and vary based on religious texts and customs. Personal laws, which govern civil cases, are tailored to specific religious communities.

What are personal laws?

Personal laws pertain to legal matters such as inheritance, marriage, divorce, and guardianship and are based on religious scriptures and traditions. In Hinduism and Islam, personal laws are derived from ancient texts and regulate various aspects of individual and family life.

What is the objective of the Uniform Civil Code?

The UCC aims to protect vulnerable sections of society, including women and religious minorities while fostering national unity. By unifying laws related to marriage, inheritance, and adoption, the UCC seeks to simplify legal complexities and ensure equal treatment for all citizens, regardless of their religious affiliations.