Uttrakhand's Civil Code Bill Explained: What It Means And What Lies Ahead?

Legislation on the Uniform Civil Code (UCC) will be introduced in the Uttarakhand Assembly today. This move is spearheaded by Chief Minister Pushkar Singh Dhami, who stated on Monday that the proposed UCC, aligning with Prime Minister Narendra Modi's vision of 'Sab ka Saath, Sab ka Vikas' and 'Ek Bharat, Sreshtha Bharat,' will not only be "for the good of all sections."

A four-volume, 749-page report containing several recommendations has been drafted by a government-appointed panel led by retired Supreme Court judge Ranjana Prakash Desai. The panel collected 2.33 lakh pieces of written feedback online and organized more than 70 public forums, engaging with roughly 60,000 people to help develop the draft.

What is the Uniform Civil Code?

The concept of a Uniform Civil Code entails a collection of laws designed to regulate personal affairs such as marriage, divorce, adoption, inheritance, and succession, applying uniformly to all citizens irrespective of their religious backgrounds. The objective of the UCC is to supplant the current array of diverse personal laws which are contingent upon religious associations.

What is the Uniform Civil Code Uttarakhand 2024 Bill?

In 2022, the Uttarakhand government established a panel, headed by retired Supreme Court judge Ranjana Prakash Desai, to formulate a draft for the UCC. Alongside Justice Pramod Kohli, social activist Manu Gaur, former Uttarakhand Chief Secretary Shatrughan Singh, and Doon University Vice Chancellor Surekha Dangwal comprised the panel, which produced a draft report spanning over 740 pages across four volumes.

For the preparation of the report, the panel gathered extensive feedback, both written and online, conducted numerous public forums and 43 outreach programs, and interacted with over 60,000 individuals. Chief Minister Dhami asserts that the UCC Bill is a product of extensive public dialogue, deliberation, and input.

Allegedly, the UCC Uttarakhand 2024 Bill proposes measures such as a comprehensive prohibition on polygamy and child marriage. According to India Today's report, some notable features of the Bill include equal property rights for sons and daughters, abolishment of the distinction between legitimate and illegitimate children, equal property rights post-mortem, and recognition of both adopted and biological children.

What to expect from the Uniform Civil Code Bill

Here's what the Bill says on 4 major areas related to personal laws:

1. Provisions of the UCC Bill do not apply to tribal communities

Currently, personal laws in India are characterized by complexity, with each religion adhering to its specific regulations. The concept of the UCC aims to establish a set of uniform laws applicable to all communities in India concerning personal matters such as marriage, inheritance, divorce, etc.

However, the provisions of this Bill will not be applicable to tribal communities. It is stated in the Bill, "Nothing contained in this code shall apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 142 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India." Given the unique customary practices of tribal communities, many have criticised the idea of the UCC over the years.

2. The Bill aims to regulate live-in relationships

The Bill mandates that partners in a live-in relationship within a State, regardless of whether they are residents of Uttarakhand or not, must submit a statement of live-in relationship under sub-section (1) of section 381 to the Registrar within whose jurisdiction they are residing.

The procedure for submission is also prescribed, wherein partners cohabitating must submit a "statement of live-in relationship to the Registrar concerned..."

A "summary inquiry" will then be conducted by the registrar to ensure that the relationship does not fall under any of the categories mentioned under Section 380. This includes scenarios where "at least one of the persons is a minor" and "at least one of the persons is married or is already in a live-in relationship".

For couples who have been in a live-in relationship for more than a month and have not submitted the statement, punishment has been prescribed - with imprisonment up to three months or a fine up to Rs 10,000 or both.

Additionally, the registrar must be informed in case of termination of the relationship through the submission of a "statement of termination of relationship".

3. The Bill prohibits bigamy or marriages with more than one person

Under Section 4, the Bill enumerates five conditions for marriage. It is stated that a marriage may be solemnised or contracted between a man or a woman if those conditions are satisfied. The first condition is: "neither party has a spouse living at the time of the marriage", thereby prohibiting bigamy or polygamy.

4. Marriage age of men and women

The third condition under Section 4 on marriage concerns the minimum age for marriage. The marriageable age for men and women remains 21 and 18, respectively.

5. Degrees for a prohibited relationship exception remain

Under the fourth condition, the exception from the Hindu Marriage Act for married parties within the "degrees of prohibited relationships" is retained by the Bill.

Two people are considered to be within the "degrees of prohibited relationship" if a common ancestry is shared or if they are the wife/husband of a common ancestor. This exception applies to those communities where an established custom allows marriage within the degrees of prohibited relationships.

6. Legal Equality for Children: UCC Draft in Uttarakhand Guarantees Legitimacy and Inheritance Rights

In the live-in relationships section of the Uniform Civil Code presented in the Uttarakhand Assembly on Tuesday morning, it was stipulated that children born from such relationships will be considered legal offspring of the couple.

This ensures that the legal status and entitlements of every child born outside of marriage, whether from live-in relationships or through surrogacy, will be identical, preventing any child from being stigmatized as 'illegitimate.'

Moreover, equal inheritance rights, including parental property, will be possessed by all children, as highlighted by the UCC's language, which utilizes the term 'child' rather than differentiating between 'son' and 'daughter.'

Additionally, it is stated in the UCC draft that a woman abandoned by her live-in partner has the right to seek maintenance, although the criteria for what constitutes 'abandonment' are not defined.