 "Uttarakhand adopts UCC today: Impact on marriage age, divorce, succession")
Uttarakhand has become the first state in post-independence India to implement the Uniform Civil Code (UCC), effective from today. The UCC seeks to standardise personal laws across various religious communities, a move that has stirred both support and dissent.
The Uttarakhand UCC will address issues related to marriage, divorce, succession, and live-in relationships, establishing a uniform set of laws applicable to all citizens, regardless of their religion. Among the provisions, the UCC mandates equal marriageable ages for men and women, sets uniform divorce grounds, and prohibits practices like polygamy and ‘halala’.
Chief Minister Pushkar Singh Dhami called the implementation of the UCC a significant achievement, marking the Himalayan state as the first in the nation to adopt this progressive legislation.
What is the Uniform Civil Code?
The Uniform Civil Code aims to create uniformity in personal laws across all religions. While its proponents advocate for equality, critics fear it could lead to societal divisions. The UCC addresses critical aspects of personal law, including marriage, divorce, inheritance, and live-in relationships, and includes provisions for the registration of these relationships.
UCC in Uttarakhand
During the 2022 Uttarakhand Assembly elections, Chief Minister Dhami promised to introduce the UCC if re-elected. After his victory, he formed a five-member committee, headed by Justice Ranjana Prakash Desai, to draft the law, incorporating feedback from over 230,000 citizens. The 740-page draft was presented to Dhami on February 2, 2024, approved by the Cabinet on February 4, and passed in the state Assembly on February 7. It received approval from Governor Lt Gen Gurmit Singh (retd) on February 28, and President Droupadi Murmu signed the bill into law on March 11.
The UCC officially came into effect on January 27, coinciding with Prime Minister Narendra Modi's visit to Dehradun. The online portal for UCC registration will be launched at 12:30 pm from the state Secretariat.
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Dhami emphasised that the UCC represents the state's contribution to the nation’s collective efforts toward becoming a more developed, organised, harmonious, and self-reliant country.
Who will come under UCC?
The UCC applies to all residents of Uttarakhand, including those living outside the state. However, Scheduled Tribes and individuals under the protection of specific authorities are exempt from its provisions.
Using the online portal
The UCC online portal, launching today, will allow citizens to register marriages, divorces, succession rights, live-in relationships, and their terminations. The process can be completed remotely, with applicants receiving updates via email or SMS.
UCC: Impact on marriage
- The legal marriage age is set at 21 for men and 18 for women
- Polygamy and ‘halala’ are prohibited across all religious communities
- Marriages can be performed according to religious customs, but registration within 60 days is mandatory
- Live-in relationships will require registration
- Marriages solemnised before March 26, 2010, or outside Uttarakhand, can be registered within 180 days of the law’s implementation (this is optional)
- Armed forces personnel and mariners can create a ‘privileged will’ under flexible rules
- The UCC simplifies the creation, cancellation, and modification of wills and codicils for testamentary succession
UCC: Impact on divorce
Under the UCC, both men and women have equal grounds for divorce, ensuring gender neutrality in the divorce process. This means that both spouses can seek divorce on the same grounds.