The Uttarakhand government will become the first state in India by implementing the Uniform Civil Code (UCC) on Monday (January 27). According to an official communication from Home Secretary Shailesh Bagauli, Chief Minister Pushkar Singh Dhami will launch the rules and portal for UCC implementation at the ‘Mukhyasevak Sadan’ at his residence.
The rules will be notified in the gazette on the same day. The implementation of UCC was among the key poll promises made by Dhami during the 2022 Assembly elections.
The implementation of the UCC in Uttarakhand is expected to bring sweeping changes to the legal workings of the state on the subject of marriages, live-in relationships and inheritance, among other things. Here’s what the UCC entails and its impact on the state:
What is Uniform Civil Code?
The Uniform Civil Code is a set of laws that applies uniformly to all citizens, irrespective of religion, caste or community, governing matters such as marriage, divorce, inheritance and adoption. Advocates of the UCC argue that it promotes equality and justice by providing a single legal framework for all, removing disparities arising from diverse personal laws.
What changes will come into effect in Uttarakhand?
One of the significant changes under the UCC is the mandatory registration of all marriages and live-in relationships. Couples will need to provide essential details such as names, proof of age, religion and Aadhaar information during registration. This measure is said to ensure legal recognition and accountability in personal relationships.
Authorities will also investigate any objections raised by third parties to such unions. Live-in partners are required to submit a formal statement of their relationship to the local registrar, who will conduct a summary inquiry to verify compliance with legal stipulations, such as both individuals being adults and unmarried.
Failure to register live-in relationships lasting over a month can result in penalties, including imprisonment of up to three months or a fine of up to Rs 10,000.
The UCC also introduces a digital portal to streamline the registration process for marriages and live-in relationships. The portal offers separate categories for partners residing in Uttarakhand and for natives living elsewhere in India.
Applicants must upload photographs and declarations and the births of children from these relationships must be registered within seven days of obtaining their birth certificates. In cases of termination of live-in relationships, partners are required to notify the registrar by submitting a statement of termination.
While unregistered marriages remain legally valid, failing to register a marriage after receiving notice from the sub-registrar can result in a fine of Rs 25,000.
UCC prohibits bigamy and polygamy
Additionally, the UCC prohibits bigamy and polygamy, with Section 4 stating that neither party to a marriage can have a living spouse at the time of solemnisation. This provision upholds the principle of monogamy and ensures legal clarity.
What changes in succession and inheritance laws?
The UCC also brings significant changes to succession and inheritance laws. Testamentary successions, the process of passing down a person’s property and belongings to others after they die, now require detailed documentation, including Aadhaar information of the declarant, heirs and witnesses.
Witnesses must upload video recordings of themselves reading the succession declaration aloud. Legal heirs must be explicitly identified to ensure transparency and reduce disputes. Any disagreements related to succession can be resolved through the designated portal, streamlining the resolution process and eliminating ambiguity.
As Uttarakhand becomes the first state to implement the UCC, its experience will likely influence the broader national discourse on personal law reforms. ADGP Law and Order V Murugeshan told the Indian Express that “smooth rollout is expected”.
“Two days ago, a seminar was conducted for the force, and awareness and training were given to officials. Currently, we do not foresee any challenges and in case of complaints, we will proceed according to the law,” Murugeshan told IE.
However, challenges in implementation and potential resistance from various quarters are expected. The Home Department is anticipating that the UCC’s provisions could face legal challenges, IE quoted a source as saying. “As the Act mandates registration for live-in couples, it is likely that individuals will file petitions citing a violation of Article 21, which guarantees the Right to Privacy,” said a senior official.