Uttarakhand Uniform Civil Code Bill

February 6, 2024

Uttarakhand government has introduced legislation to implement a Uniform Civil Code (UCC) in the state. If enacted, Uttarakhand would become the second Indian state to adopt a UCC after Goa, where it has been in effect since Portuguese rule.

The proposed bill aims to regulate and govern laws related to marriage, divorce, successions, and live-in relationships. The bill specifically prohibits bigamy and polygamy, practices that involve marrying multiple people simultaneously or while still legally married to another person. The UCC Bill also outlines five specific conditions for the solemnisation of marriages in the state.

Key Features

Bans on Polygamy and Child Marriage

The draft UCC includes a complete ban on practices like polygamy and child marriage across religions.

Standardized Marriage Age

The code sets 18 years as the uniform marriageable age for all girls, enabling them to pursue higher education before marriage. Couples who fail to register their marriages would be ineligible for government facilities to encourage legal documentation.

Uniform Divorce Laws

The UCC envisages standardized divorce laws such as halala and iddat. This eliminates differential treatments depending on religious affiliations.

Equal Adoption and Property Rights

The draft grants equal adoption rights to all citizens irrespective of gender or faith. It also confers equal property inheritance rights for both sons and daughters and adopted and biological children. In case of death, the spouse, children and parents will have equal rights over the property.

Mandatory Registration of Marriages and Live-In Relationships

Another significant proposal requires mandatory registration of all marriages to ensure legal accountability. Live-in relationships would also need to be registered under the new laws.

Conditions for Solemnisation of Marriages

Under section 4 of the UCC Bill, five conditions are laid out for the valid solemnisation of a marriage between a man and a woman. These conditions include:

Neither party should have a living spouse at the time of the marriage.
Neither party should be incapable of giving valid consent due to mental unsoundness, suffering from a mental disorder rendering them unfit for marriage, or subject to recurrent attacks of insanity.
The man should have completed 21 years of age and the woman 18 years of age.
The parties should not be within the degrees of prohibited relationship unless their custom or usage permits such a marriage. However, these customs and usages should not be against public policy and morality.
The marriage should not be prohibited under any existing law.

Religious Beliefs, Practices, and Ceremonies

The UCC Bill also allows for the solemnisation of marriages according to various religious beliefs, practices, customary rites, and ceremonies. These include but are not limited to “Saptapadi”, “Ashirvad”, “Nikah”, “Holy Union”, “Anand Kara” under The Anand Marriage Act 1909, The Special Marriage Act, 1954, and Arya Marriage Validation Act, 1937.

Exemptions in the UCC Bill

Despite its broad scope, the UCC Bill does not apply to certain groups. Members of any Scheduled Tribes as defined in clause (25) of Article 366 read with Article 142 of the Constitution of India are exempted. Additionally, persons and groups of persons whose customary rights are protected under Part XXI of the Constitution of India are also not subject to the provisions of the UCC Bill.

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