The Uniform Civil Code Bill, recently passed in the Uttarakhand Assembly, has brought about significant changes in the legal landscape of the state. Uttarakhand became the first State in India to implement such legislation after Independence. While exempting the tribal community from its purview, this bill aims to establish a uniform set of laws that govern personal matters such as marriage, divorce, and inheritance for all citizens, irrespective of their religion or community. Let's delve into the key points of this UCC bill and understand the major takeaways.
REGISTRATION OF LIVE-IN RELATIONSHIPS: One of the most notable provisions of the bill is the mandatory registration of live-in relationships. Prospective live-in partners are now required to submit a joint statement to a Registrar, who will conduct an inquiry to ensure that the relationship is not prohibited. Upon verification, a registration certificate will be issued to the couple, allowing them to enter into a live-in relationship. This step ensures legal recognition and protection for individuals in live-in relationships. In case any one or both the partners are less than 21 years of age, a copy of the declaration will be sent to their parents. The bill says that anyone staying in a live-in relationship for more than a month without getting it registered will face imprisonment up to three months or a fine of up to Rs 10,000 or both.
TRIBAL COMMUNITIES EXEMPTED: The tribal communities which comprise around 2.9 per cent of Uttarakhand’s population have been exempted from the application of the Bill.
LEGAL RECOGNITION OF CHILDREN BORN OUT OF WEDLOCK: The bill addresses the legitimacy of children born out of live-in relationships. It states that children born to couples in live-in relationships will be considered legitimate under the Uniform Civil Code. This provision ensures that children have legal rights and protection, regardless of their parents' marital status. It is a significant step towards safeguarding the rights of children. But partners below 18 years of age are prohibited to be in live-in.
WOMEN DESERTED IN LIVE-IN ENTITLED TO MAINTENANCE: The bill mentions that a woman is also eligible to claim maintenance in case she is “deserted” by her live-in partner. On the other hand, there is no mention about the consequences of women deserting a man in a live-in relationship.
BAN ON BIGAMY/POLYGAMY: Another crucial aspect of the bill is the ban on bigamy or polygamy. This provision in Section 4 of the bill prohibits individuals from having multiple spouses simultaneously. By implementing this ban, the bill aims to promote gender equality and discourage practices that may lead to exploitation or discrimination. It ensures that individuals can only have one spouse at a time, thereby fostering a more equitable society.
CONDITIONS ON CONTRACT MARRIAGES: Additionally, the bill imposes certain conditions on contract marriages, which are marriages entered into for a specific period of time. These conditions aim to protect the rights and interests of individuals involved in such marriages. By setting guidelines and regulations for contract marriages, the bill ensures that the rights of individuals are safeguarded, and any potential exploitation is prevented.
REGISTRATION OF MARRIAGES: Marriages occurring after the enactment of the UCC Bill have to be compulsorily registered regardless of any other existing laws or customs. Registration will have to be done within 60 days from the date of the marriage. Non-registration may attract penalty of up to Rs 10,000. Moreover, a three-month jail term and fine of Rs 25,000 will be awarded for intentionally providing false information during marriage registration. Marriages dissolving without a court order may attract imprisonment up to 3 years.
CRIMINALISATION OF MUSLIM PERSONAL LAW PRACTICES: The bill criminalises the existing Muslim personal law practices governing marriage and divorce such as nikah halala, iddat, and triple talaq, but it has not named them explicitly.
INHERITANCE: The Bill extends equal property rights for sons and daughters across all classes. This includes illegitimate children, adopted children, and children born through surrogacy or through assisted reproductive technology.
QUEER RELATIONSHIPS NOT RECOGNISED: Members of the LGBTQIA+ community do not come under its ambit as the bill applies only to heterosexual relationships.
The bill's passage in the Uttarakhand Assembly marks a significant step towards a more inclusive and uniform legal framework for personal matters. It is a progressive move that aims to provide protection to all citizens, regardless of their religious or community affiliations.
Published: Devbrat Patnaik
Last updated: 09 February 2024, 06:57 PM IST
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