UCC in Uttarakhand Explained

With the Uniform Civil Code (UCC) coming into effect in Uttarakhand on January 27, the hill state has become the first in independent India to implement such a law. The law aims to ensure equal rights for all citizens, regardless of religion, gender, or birth order. The code particularly addresses matters such as marriage, divorce, and inheritance.

The new law, comprising seven schedules and 392 sections, addresses critical issues including marriage, divorce, inheritance, and live-in relationships. It bans Muslim personal law practices such as polygamy, halala (short-term marriage), iddat, and talaaq. Additionally, the code grants equal property rights to all children, including those born from live-in relationships.

According to the new rules, marriages and divorces conducted since 2010 must be registered within six months of the law’s notification. New marriages must be recorded within two months to avoid penalties. Live-in relationships and separations must be registered within 30 days, and any false entries will be dealt with sternly.

Failure to declare live-in relationships can result in three months of imprisonment, a fine of ₹25,000, or both, as stipulated by the law. Furthermore, while marriages must be registered, no marriage—either for males or females—can be solemnised before the age of 21. However, the new code does not apply to Scheduled Tribes. A government order has been issued to this effect, along with the launch of a dedicated UCC portal.

The state has authorised a Common Service Centre (CSC) for citizens’ convenience to facilitate the registration of marriages and other details.

Goa is the first Indian state to have a UCC, based on the Portuguese Civil Code of 1867, and its application extends to all Goan citizens regardless of religion, sex, or birth order.

The implementation of the UCC in Uttarakhand comes a day ahead of Prime Minister Narendra Modi’s visit to the state. For his part, Uttarakhand Chief Minister Pushkar Singh Dhami has emphasised that the policy will be strictly enforced. Under the new code, both husbands and wives will have equal grounds for divorce. Additionally, girl children will receive an equal share of inheritance as boys, replacing earlier norms that favoured sons.

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