Uttarakhand has become the first Indian state to implement a Uniform Civil Code (UCC), standardizing personal laws related to marriage, divorce, property, inheritance, and adoption for all citizens, irrespective of religion.
Key Provisions of Uttarakhand’s Uniform Civil Code:
Marriage Registration:
All marriages must be registered within 60 days of solemnization. Marriages conducted between March 26, 2010, and the Act’s implementation date are required to be registered within six months. Non-registration does not invalidate the marriage, but failure to register may result in penalties.
Eligibility for Marriage:
The Act stipulates that both parties must be mentally capable of giving legal consent, with the male being at least 21 years old and the female at least 18 years old. Neither party should have a living spouse, and they must not fall within prohibited relationships.
Live-in Relationships:
Individuals under 21 years of age require parental consent to enter into a live-in relationship. Such relationships must be registered, and failure to do so, or providing false information, can lead to penalties, including imprisonment of up to three months or fines up to ₹25,000.
Prohibition of Certain Practices:
The UCC bans practices such as polygamy, child marriage, and triple talaq, ensuring a uniform process for divorce across all communities.
Inheritance and Adoption:
The Code establishes uniform rules for property inheritance and adoption, promoting equality and clarity in these matters.
Exemptions:
The Act does not apply to Scheduled Tribes as notified under Articles 342 and 366(25) of the Constitution, as well as protected authority-empowered persons and communities under Part XXI.
The implementation of the UCC in Uttarakhand aims to promote social harmony and protect individual rights by providing a consistent legal framework for all citizens.
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