Uttarakhand
Key Features of Uttarakhand’s Uniform Civil Code Bill
- 10 Feb 2024
- 3 min read
Why in News?
Recently, the Uttarakhand state legislature passed the Uniform Civil Code (UCC) Bill after a state-appointed panel submitted its final report.
- Uttarakhand is the first State in India to implement such a legislation after Independence.
Note
Following Uttarakhand’s footsteps Madhya Pradesh and Gujarat have appointed committees to initiate the formulation of a UCC.
Key Points
- The Bill proposes a uniform law on marriage, divorce, inheritance of property, and cohabitation for all citizens, regardless of their religious affiliation, while excluding the tribal community from its scope.
- This stems from Article 44 of the Constitution, which mandates that the state “shall endeavor to secure for the citizens a UCC throughout the territory of India.
- The provision is a part of the Directive Principles of State Policy (Part IV of the Constitution), which although not enforceable but play a pivotal role in the country’s governance.
- The Bill aims to regulate live-in relationships by imposing an obligation to register them.
- In case, couples in a live-in relationship do not submit their statement, they will be served a notice following which criminal prosecution can be initiated against them.
- Section 4 says that “neither party has a spouse living at the time of the marriage”, thus prohibiting bigamy or polygamy.
- Men and women have been accorded similar rights with respect to divorce.
- Section 28 prohibits the initiation of divorce proceedings unless one year has elapsed since the date of marriage.
- However, an exception can be made if the petitioner has suffered “exceptional hardship” or if the respondent has exhibited “exceptional depravity”.
- Existing Muslim personal law practices governing marriage and divorce such as nikah halala, iddat, and triple talaq have been criminalized under the Bill without explicitly naming them.
- The Bill extends equal property rights for sons and daughters across all classes.
- The Bill leaves out members of the LGBTQIA+ community from its ambit and applies only to heterosexual relationships.
