Uttarakhand has now become the first State in independent India to have a Uniform Civil Code (UCC) Act after President Droupadi Murmu approved the State’s UCC Bill, 2024. The Bill, which has kept tribals out of its ambit, has a complete ban on practices like halala, iddat, and talaq (customs related to marriage and divorce in Muslim Personal Law).
The State Assembly, on February 07, 2024, has passed the Bill which ensures that women are given equal rights in matters related to property and inheritance rights.
“Under Article 201 of the ‘Constitution of India’, the President gave assent to the ‘Uniform Civil Code Uttarakhand 2024’ Bill passed by the Uttarakhand Legislative Assembly, on March 11 2024, and it is published as Act Number 3, the year 2024, of Uttarakhand for general information,” reads the gazette notification issued by the State on Wednesday.
Also read: Explained | The Uniform Civil Code
The Bill was one of the poll promises of the BJP during Assembly elections in Uttarakhand in 2022.
Hailing the President’s approval, Chief Minister Pushkar Singh Dhami said that with the implementation of the UCC law in the State, the government is committed to provide equal rights to all citizens.
“The oppression of women will be curbed. The UCC will play an important role in promoting harmony by proving the importance of social equality in the State,” Mr. Dhami wrote on X.
The State will now notify the Bill, which will then go for printing.
The Bill, which has 392 sections under seven schedules, is based on over 750 page draft, spread in four volumes, prepared by an expert committee formed by the government in June 2022, to examine the way UCC can be introduced in the State.
The five-member expert committee, headed by Retd. Justice Ranjana Prakash Desai, had submitted its draft to the State on February 2, which was subsequently passed by the State Cabinet on February 4. The Bill, after it was passed in the Assembly during a special session, was sent for Governor’s nod and was approved by the Lt. Gen Gurmit Singh (Retd) on February 28. The State then sent it for final approval as the UCC is a matter of Concurrent list and requires approval from the President.
The government has already formed a committee to make rules and implementation of UCC which is headed by retired IAS officer and UCC draft committee member Shatrughan Singh.
The Chief Minister, while speaking on the Bill in the Assembly last month, has said that the Bill has a complete ban on polygamy, polyandry, halala, iddat, and talaq as both men and women will have same rights in matters related to marriage and divorce.
If a person is found committing halala, there is a provision of three years’ imprisonment or a fine of ₹1 lakh or both under UCC. The Bill also allows marriages to be solemnised only between a man and a woman. The age of marriage has been set at 21 years for boys and 18 years for girls.
The UCC Bill also made it mandatory to register marriage and divorce, failing which the couple concerned will be deprived of the benefits of all government facilities. In case of divorce or domestic dispute between husband and wife, the custody of the child up to 5 years of age will remain with the mother.
Also read: The future of a Uniform Civil Code
The Bill also has stringent provisions for failure to register live-in relationships which calls for imprisonment up to three months and a fine not exceeding ₹25,000 or both. The children born out of a live-in relationship will be considered a legitimate child of the couple under UCC.
In the Code, equal rights in property have been given to sons and daughters for all classes. Also, no distinction has been made between legitimate and illegitimate children, adopted children, children born through surrogacy and children born through assisted reproductive technology.
After the death of a person, his wife and children are given equal rights in his property along with the deceased’s parents.
