Context:
This article is based on the news “4 takeaways from Uttarakhand’s Uniform Civil Code Bill: on live-in relationships, bigamy and more” which was published in the All India Radio. Recently, the Uttarakhand government tabled the Uniform Civil Code (UCC) 2024 Bill in the Assembly which makes important changes in areas such as marriage, divorce, and succession.
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About Uttarakhand UCC Bill 2024
- Objective: Uttarakhand UCC Bill 2024 proposes a common law on marriage, divorce, inheritance of property and live-in relationships for all citizens, irrespective of their religion. Applicability: It covers matters related to marriage, divorce, inheritance and adoption.
- A Uniform Civil Code essentially means a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens of the country, irrespective of religion.
- Article 44 of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
- Currently, different laws regulate these aspects for adherents of different religions and a Uniform Civil Code is meant to do away with these inconsistent personal laws.
- Goa is the only state in the country that has a UCC. But the Goa Civil Code was given by the Portuguese in 1867.
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Provisions of Uttarakhand UCC Bill On Marriage
- Fixed Age: The age of marriage has been fixed at 21 years for boys and 18 years for girls.
- Prohibits Polygamy: By placing a condition for marriage under Section 4 of the Bill that neither party can have a living spouse at the time of their marriage.
- Compulsory Registration: Regardless of any other existing laws or customs, after the enactment of the Uttarakhand UCC bill, it would be mandatory to register marriages.
Provisions of Uttarakhand UCC Bill On Divorce
- Annul of Voidable Marriages: On grounds like non-consummation, contravention of marriage conditions, force or coercion in obtaining consent, or pregnancy by someone other than the spouse.
- Punishment: Penalties are prescribed for contravention of certain provisions, including imprisonment and fines.
- It makes halala, iddat and triple talaq (practices governing marriage and divorce under Muslim personal law) punishable offences.
- On breach of the provision, imprisonment of three years or a fine of Rs 1 lakh or both would be charged.
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- Other Significant Points: It regulates the time frame for filing divorce petitions, prohibits dissolution of marriage except as per the UCC, grants the right to remarry after divorce or nullity, and upholds the legitimacy of children from void and voidable marriages.
- In case of divorce or domestic dispute, the custody of a child up to 5 years of age will remain with the mother.Provisions of Bill on Inheritance:
- Biological Children: Illegitimate children, adopted children, children born through surrogacy and children born through assisted reproductive technology are considered to be biological children.
- Rights on Property: Equal property rights for sons and daughters across all classes. Disqualification from Inheritance: It includes murder or remarriage before the death of the person, while disease or deformity would not disqualify an heir unless specified otherwise.
- Article 366 (25): It prescribes that the Scheduled Tribes means such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes.
- Article 342(1): It mandates to specify the tribes or tribal communities or part of or groups within tribes or tribal communities as Scheduled Tribe in relation to that State or Union Territory as the case may be.
- Part XXI of the Indian Constitution: It deals with temporary, transitional and special provisions. It is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of.
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Provisions of Uttarakhand UCC Bill On Live-In Relationships
- Mandatory Registration: The registration of any live-in relationship within the state’s jurisdiction, regardless of whether the man and woman are residents of Uttarakhand or not. The registration is solely for record purposes.
- On Termination: Partners can terminate the relationship by submitting a statement.
- Rights Available: Women deserted by their live-in partners can claim maintenance through the competent court.
- Children born out of such relationships are considered legitimate.
Concerns With Uttarakhand UCC Bill
- Infringement of Right of Privacy: In the Indian Constitution, the right to live with dignity and the right to privacy are both recognised as dimensions of Article 21.
- In the 2017 landmark Puttaswamy ruling, the SC recognised privacy rights.
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Exception- Provisions of the UCC Bill do not apply to Tribal Communities:
- Unique Customary Practice: The provisions shall not apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.
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- It recognised the right to privacy is protected as a fundamental right under Articles 14, 19 and 21 of the Indian Constitution unless the authority is “satisfied that the larger public interest justifies its disclosure”.
- Exclusion of LGBT Community: The Code applies to residents of the state, but only to those who identify within the binary genders of male and female who are in heterosexual relationships, thus leaving most LGBT persons outside its ambit.
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2Ist Law Commission’s Stand on UCC
- Reform of Family Laws: It underlined that rather than enacting a UCC, family laws of every religion must be reformed to make them gender-just.
- It talked about the uniformity of rights, not laws.
- Upholding Diversity: The Commission’s consultation paper emphasised that celebration of diversity must not disadvantage specific groups and “women must be guaranteed their freedom of faith without any compromise on their right to equality”.
- The paper then proceeded to recommend a series of reforms in the personal laws of all religions as well as the secular laws that place women and children at a disadvantage.
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- Concerns around Criminalisation: Uttarakhand UCC Bill relies on criminalisation for enforcement, which is likely to disproportionately impact minority communities, as several religious and customary practices of religious minorities have been outlawed.
- Surveillance Regime: The surveillance regime enabled by the Bill can be misused to harass interfaith and inter-caste couples.
- Unnecessary Registration for Live-in Partners: The Domestic Violence Act already provides relief for live-in relationships, making registration unnecessary.
Conclusion
Uttarakhand’s initiative aligns with the words of K.M. Munshi, who contended that a Uttarakhand UCC bill would not defeat the freedom of religion since the state is empowered to make laws related to religious practices if intended for social reform.
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- The proposed UCC will not affect the reservation of any class, marital rights, customs, etc. It is set to focus on gender equality by introducing provisions that treat men and women equally, especially in matters of inheritance.
News Source: The Indian Express
To Read more on the Uniform Civil Code (UCC), click here
Also Read: Interim Budget 2024-2025
February 8, 2024
