GS SCORE- Uttarakhand Uniform Civil Code

GS SCORE- Uttarakhand Uniform Civil Code

·

2 min read

Uttarakhand state government tabled the Uniform Civil Code Uttarakhand 2024 Bill (UCC) in the state's legislative assembly.

What is the Uniform Civil Code?

  • A Uniform Civil Code is conceptualised as a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of religion.

  • The UCC aims to replace the existing diverse personal laws that vary based on religious affiliations.

Key-highlights of the Uniform Civil Code Uttarakhand 2024 Bill:

Panel:The Uttarakhand government had formed a panel - led by retired Supreme Court judge Ranjana Prakash Desai - to prepare a draft for the UCC in 2022.

  • The UCC Uttarakhand 2024 Bill includes recommendations such as a complete ban on polygamyand child marriage.

  • It also includes equal property rights for sons and daughters, elimination of the distinction between legitimate and illegitimate children, equal property rights after death, and inclusion of adopted and biological children.

  • Marriage: As it sets out common provisions, the Bill effectively bans polygamy and halala - without naming them -- practiced among a section of Muslims. Marriages can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities.

  • Live-in Relationships: Live-in partners in Uttarakhand will have to register themselves with district officials or face imprisonment under the state's Uniform Civil Code bill, once it becomes a law.

    • Children born of such relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.

    • Like marriages, live-in relationships must be registered.

    • Live-in partners must not be under 18. But if any one of them is under 21, the registrar is bound to inform their parents or guardians.

  • Exemption: The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships.

Tribals in UttarakhandUttarakhand have 5 major tribes identified by the Government of India. These are Tharu, Jaunsari, Buksa, Bhotia, and Raji. As of 2011 India census, Uttarakhand has a tribal population of 2,91,903, with Tharu being the largest tribe, followed by Jaunsari and Buksa.

Way Forward

If passed, Uttarakhand will be the first state after independence to have a Uniform Civil Code. Goa has a similar civil code that was implemented during the Portuguese colonial era.