Uniform Civil Code implemented in Uttarakhand

Uttarakhand Chief Minister Pushkar Singh Dhami

Dehradun (Uttarakhand) – The Uniform Civil Code (UCC) has been implemented in Uttarakhand from 27thJanuary. The Chief Minister Pushkar Singh Dhami made this announcement and also inaugurated the official website related to the law: ucc.uk.gov.in. Uttarakhand has become the first State in independent India to implement this law. Previously, only Goa had such a law, which was introduced during Portuguese rule.

Chief Minister Dhami stated that this is a highly emotional moment, fulfilling a promise made to the people of the State 30 years ago. He emphasised that his team worked diligently to achieve this. The implementation of the UCC will bring uniformity to society, ensuring equal rights and responsibilities for all citizens of the State.

Key provisions of the Uniform Civil Code:

1. Sons and daughters will have equal rights to inherited property.

2. In the event of an individual’s death, the UCC ensures equal distribution of property among the spouse and children, and parents will also have equal rights to inheritance. Previously, only the deceased’s mother had this right.

3. Divorce will only be granted if both parties have mutual reasons. A divorce will not be granted based on unilateral reasons. Practices such as ‘Halala’ (where a Muslim woman must marry another man and consummate the marriage before remarrying her former husband after divorce) will be abolished. Women will not face any conditions for remarriage.

4. Couples living in a live-in relationship in Uttarakhand will be required to register their relationship. Although it will be a self-declaration process, Scheduled Tribes will be exempted from this rule.

5. If a child is born out of a live-in relationship, both partners will be responsible for the child and must provide a name for the child. This ensures that every child in the State has a recognised identity. Additionally, couples must present their registration certificate to rent a house or hostel or stay as paying guests.

6. Couples in live-in relationships must register their separation. Failure to do so will result in imprisonment of up to six months or a fine of Rs 25,000, or both.

7. Marriage, divorce, alimony, and inheritance laws will be the same for all religious communities.

8. All couples must register their marriage and divorce. Non-compliance will attract a fine of up to Rs 25,000 and disqualification from availing Government benefits.

9. The minimum age for marriage will be 21 years for men and 18 years for women.

10. If an individual converts his religion without his spouse’s consent, the spouse will have the right to seek divorce and claim alimony.

11. No person will be allowed to remarry while their spouse is alive unless they obtain a divorce. In cases of divorce or domestic disputes, custody of children up to the age of five will remain with the mother.

12. There will be no distinction between legitimate and illegitimate children. Illegitimate children will also be considered biological children of the couple. Surrogate mothers (women who carry a child for another individual or couple through assisted reproductive technology) and adopted children born through such technology will be considered biological children.

Editorial Perspective

Hindus are now expecting the Union Government to implement UCC nationwide, rather than having each BJP-ruled State enact their own version.