In a first, Uttarakhand implements UCC for married and live-in couples

A year after the Legislative Assembly approved the Uttarakhand Uniform Civil Code (UCC) Bill, 2024, the state implemented the law this week. With this, Uttarakhand became the first Indian state to implement such a law, intending to simplify and standardize personal rules on marriage, divorce, succession, and inheritance.

Pushkar Singh Dhami, the Chief Minister of Uttarakhand, launched the UCC portal, marking the formal adoption of UCC.

“UCC is a constitutional measure to end legal discrimination. Through this, an attempt has been made to provide equal rights to all citizens,” he added. Describing it as a historic moment for Uttarakhand and the nation, Dhami stated that Jan 27 will be observed annually as ‘UCC Diwas’, news agency ANI reported.

What is the UCC?

The Uniform Civil Code (UCC), which comes under Article 44 of the Constitution, proposes the formulation of one law for India that will apply to all religious communities on topics such as marriage, divorce, inheritance, and adoption. With the UCC in place, the Uttarakhand government aims to create a common set of laws and legal provisions for all, regardless of gender or religion.

“Through this, evils like Halala, polygamy, child marriage, triple talaq etc can be completely stopped,” CM Dhami said. He added that the code won't apply to Scheduled Tribes. “We have kept our scheduled tribes mentioned under Article 342 of the Constitution out of this code so that those tribes and their rights can be protected,” he said.

New laws for marriage

The UCC establishes the legal marriage age for males and women as 21 and 18 years, respectively. The code prohibits polygamy and 'halala' in all communities.

Marriages performed before March 26, 2010, or outside of Uttarakhand, can be registered within 180 days of the Act coming into effect. However, registration is not a mandatory requirement.

What it means for live-in couples

The law requires couples who are 21 years or older to register their live-in relationships. Couples who live together and are under the age of 21 will require parental authorization to register. The UCC for live-in couples applies to all "residents of Uttarakhand... (including those who are) in a live-in relationship outside the state". Those individuals who fail to register their live-in relationship or submit false information may face a three-month prison sentence or Rs 25,000 fine, or both.

In addition, even a one-month delay in the registration process may result in three months imprisonment, a fine of Rs 10,000 or both.

Divorce under UCC

In UCC, the causes and grounds for divorce for husband and wife are identical. With this, the husband can now divorce his wife, and the wife can likewise seek divorce on the same grounds.

Additionally, it also applies a uniform divorce law, which prohibits triple talaq, nikah halala and iddat.

UCC for defense personnel

The UCC includes a special provision for defense personnel known as a "privileged will," which can be expressed in writing or orally. Soldiers, air force personnel on expeditions or involved in active warfare and seafarers at sea can construct a "privileged will," with flexible rules to suit their needs.

If a soldier, Air Force personnel, or mariner has written instructions for preparing a will but dies before it is completed or executed, such instructions are regarded as his or her will. Those entitled to a privileged will can make it even by word of mouth, as long as they declare their intentions in front of two witnesses.

A will made by word of mouth must be null and void one month after the testator, if still living, ceases to be entitled to make a privileged will.