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It's mandatory to register Live-in-Relationship : Uttrakhand creates history became 1st state to pass Uniform Civil Code.

Uniform Civil Code

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02 May '24
5 min read


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Uttrakhand became first state in the country after independence to adopt Uniform Civil Code in the state.

After it's liberation in 1961, Goa retained the Portuguese Civil Code, making it only state to have a UCC for all religions.

What is Uniform Civil Code?

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code which shall be applicable to all uniformly.

ARTICLE --- 44 - This article comes under Directive Principles of State Policy Which says that state shall endeavour to secure for citizens a uniform civil code throughout the territory of India.

This article comes under part IV of the constitution and it is non- justsiable in nature.

The areas which are covered under Uniform Civil Code

1.Marriage

2.Divorce

3.Succession of Property

4.Adoption

5.Inheritance

6.Maintenance

Positive Effect of UCC

  1. It will help in bringing every India under One national civil code of conduct irrespective of caste, religion or creed.
  2. . It will help the society to move forward and take India towards its goal of becoming a developed national.
  3. It will also help in improving the condition of women in India.
  4. It will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.

Negative Effect of UCC

• Interference in religious dogma

• Resistance by religious minorities

Judgement

• Shah Bano Case, 1985

• Sarla Mudgal Vs Union of India, 1995

• Kerala Priests Challenged Constitutional validity of S.118 of Indian Succession Act.

The Fundamental Rights violation due to implementation of UCC

• The implementation of the UCC violates the Fundamental Rights guaranteed by the constitution under Article 25 and Article 29.

Article 25 - It talks about ' Freedom to profess and practice one's religion '.

Article 29 - It talks about ' Right to have a distinct culture '.

 

Advantage of UCC

 1.It helps in maintaining gender equality in the nation and abolish gender discrimination. Example:- There are various laws related inheritance, marriage and adoption which are male-dominant.

2.It will help to integrate the nation because India has diverse cultural values, customs and practices.

3.UCC implemented in other countries is a clear sign that it could be of good help in the development of the country.

Challenges in Adoption of UCC

1.Plurality and diversity:-

Huge diversified customary practices make it difficult to evolve consensus on UCC. In 2018 , Law Commission of India opined that UCC is " neither necessary nor desirable at this stage " in the country.

2.Concerns of Minorities:- 

Fear of loss of identity and marginalisation.

3.Existence of legal pluralism in civil laws.

4.Indian Secularism:-

 It is based on diversity of religion and people.

About Uttrakhand 's UCC

Uttarakhand Assembly passes Uniform Civil Code based on the draft submitted by a committee of a 5-members formed by the Uttrakhand government on 28 May 2022 under the chairmanship of retired Supreme court judge Justice Ranjana P Desai, who currently heads the Delimitation Commission of India. Other members of the Committee of include retired Delhi High Court judge Pramod Kohli, Social activist Manu Gaur, ex-chief Secretary and IAS officer Shatrughan Singh, and Doon University Vice- Chancellor Surekha Dangwal.

With the passing of Uniform Civil Code in the state, Uttrakhand became the first state in the country to enforce Uniform Civil Code after independence.

Key Features of Uttarakhand 's UCC Bill

• Tribal Communities Exempted

• No Bigamy or Polygamy

• Live -in- relationships

• Prohibition in marriage

• About Succession

1.Tribals Communities are kept out of purview of UCC

Uttrakhand 's scheduled tribes which constitutes nearly 3% of the state's total population are outside the purview of the UCC. The UCC will not apply to " members of any scheduled tribes within the meaning of clause (25) of Article 366 read with Article 142 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

2. Live-in-Relationships

It is mandatory to register 'live-in relationship ' within a month of moving in together, or or three months jail.

3. No Bigamy or Polygamy

The Uniform Civil Code restricts bigamy and polygamy. It also mentions the conditions under which a marriage can be considered null and void. It makes halala,iddat and triple talaq- practices under Muslim personal law, a punishable offences. If any such case of halala is seen, there is a provision of Rs.1 lakh fine and/ or three years imprisonment

4. Prohibition in marriage

The age of marriage has been fixed at 21 years for boys and 18 years for girls. The marriage will be valid only if neither party has a ' living spouse at the time of the marriage'. Child marriage is strictly prohibited.

Marriage Ceremonies can be conducted as per religious beliefs, customary rites and ceremonies.

5.Inheritance and Succession

There is an equal inheritance rights for men and women across all classes. Illegitimate children, adopted children or children born through surrogacy,have equal right of inheritance.

• If a person dies without leaving a will - his wife, his children and parents if alive, would have equal rights to his property.

 

Category : Education


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Written by Anamika Aditi