Uniform Civil Code Comes Into Force In Uttarakhand: What You Need to Know

Pic: ANI

Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), fulfilling a major commitment made by the ruling BJP ahead of the 2022 Assembly polls. The UCC came into force on Monday as Chief Minister Pushkar Singh Dhami unveiled its notification, released the rules for its implementation, and launched a portal for the mandatory online registration of marriages, divorce, and live-in relationships. The UCC will apply not only throughout the state, but also to Uttarakhand residents who live outside it.

"The UCC, creating equal laws for every citizen across all religions, comes fully into effect at this moment. The credit for it goes entirely to the people of the state," Dhami said at the launch event, which took place at his official residence, "Mukhya Sevak Sadan," in the presence of his ministerial colleagues and senior officials.

The UCC aims to put an end to discriminatory practices against women, regardless of their religion. It marks a historic moment for Uttarakhand, which has become the first state in independent India to bring into effect a UCC, modeled on the vision of a single set of laws applying to all citizens, regardless of their religion, as enshrined in Article 44 of the Constitution.

The implementation of the UCC is also a fulfillment of a major pre-poll promise made by Dhami to the people of the state during the 2022 Assembly polls, which saw the BJP retaining power for a second consecutive term.

Key Provisions of the UCC

- Marriage and Divorce: Marriages must be registered, even if they are solemnised according to religious customs. To marry, men must be 21 years old and women 18 years old, and uniform grounds for divorce.

- Succession: Equal rights for sons and daughters, prohibition of polygamy, and monogamy as the legal norm.

- Live-in Relationships: The UCC requires registration of all live-in relationships.

- Property Rights: Equal rights for the spouse, children, and parents in property division after death.

- Polygamy and 'Halala': The UCC bans polygamy and 'halala'.

- Children's Rights: The law eliminates the distinction between legitimate and illegitimate children, ensuring equal rights for all children, including those who are adopted, born via surrogacy, or conceived using assisted reproductive technology.

- The UCC applies to all residents of Uttarakhand, except Scheduled Tribes and protected authority-empowered persons and communities.

The Shatrughan Singh Committee's recommendations served as the foundation for the UCC rules. Originally 400 pages long, the document was revised and condensed to focus on key reforms while avoiding contentious provisions concerning personal law disputes.

Dhami thanked Prime Minister Narendra Modi and Union Home Minister Amit Shah for their assistance in making the UCC implementation possible. Uttarakhand has established a precedent, sparking debates about the broader implications of UCC throughout India.

Implementation and Registration

The state government has created a portal and mobile app to facilitate online registration and appeals for the convenience of the public. Marriages solemnized before March 26, 2010, or outside the state of Uttarakhand, where both parties have been living together since then and fulfill all the legal eligibility criteria, can be registered within six months of the Act coming into force.