Uttarakhand’s UCC Bill

Uttarakhand’s UCC Bill

News: Recently, Uttarakhand Chief Minister tabled the state’s proposed Uniform Civil Code Bill in the Legislative Assembly.

What is Uniform Civil Code?
• The UCC calls for formulation of one law to be made applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption.
• The code comes under Article 44 of the Constitution, which lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
• It is a divisive issue in India, with proponents arguing that it would promote equality and secularism, and opponents arguing that it would interfere with religious freedoms and cultural practices.

Key provisions of Uttarakhand’s UCC Bill:

Equal Property Rights
• The bill ensures equal rights in property for both sons and daughters, regardless of their category

Elimination of Distinction
• The bill aims to abolish the distinction between legitimate and illegitimate children concerning property rights.

Inclusivity of Children
• The bill treats children adopted, born through surrogacy, or born through assisted reproductive technology on an equal footing with other biological children.

Equal Property Rights After Death
• The draft bill grants equal property rights to the spouse and children after a person’s demise. Equal rights extend to the deceased person’s parents

Marriageable age and Customary exemption
• Minimum Marriage Age: The Bill maintains the minimum marriageable age at 21 for men and 18 for women, as per the third condition under Section 4.
• Customary Exception: Under the fourth condition, the Bill retains the provision allowing marriage within \'degrees of prohibited relationships\' based on established customs, primarily in Hindu communities.

Prohibits Bigamy
• Marriage Conditions: Section 4 of the Bill outlines five conditions for marriage, prohibiting bigamy by stipulating that neither party should have a living spouse at the time of marriage.

Exemption for Tribal Communities
• The UCC Bill exempts tribal communities from its provisions. As per the Bill, Scheduled Tribes and individuals with protected customary rights under Part XXI of the Constitution are excluded.
• This exemption acknowledges the unique customs of tribal communities, addressing concerns raised regarding the imposition of uniform laws on culturally diverse groups.

What are the regulations pertaining to Live-in relationship in the Bill?
• The UCC Bill mandates partners in live-in relationships within Uttarakhand to submit a statement to the Registrar, irrespective of their residency status.
• Partners cohabitating must submit a \'statement of live-in relationship\' to the Registrar, who then conducts a summary inquiry to ascertain the relationship\'s legality.
• Couples failing to submit the statement within a month face penalties, including imprisonment for up to three months or a fine of Rs 10,000, or both.
• Furthermore, termination of the relationship requires informing the registrar by submitting a \'statement of termination of relationship\'.