Uniform Civil Code 2024

On 6th January 2024, Chief Minister Pushkar Singh Dhami tabled the Uniform Civil Code Bill in the State Assembly in Dehradun. If the Bill is passed by the House, Uttarakhand will become the first in the country to adopt the Uniform Civil Code (UCC).

Some major highlights of the Uniform Civil Code 2024

• The Uniform Civil Code bill considers halal, iddat and triple talaq as criminal offences and are punishable.
• Uniform Civil Code bill fosters a ban on polygamy and polyandry. Second marriage while the first wife is alive will be a punishable offence and this will be applicable to all religions. There will be equal grounds for divorce for both men and women.
• Uniform Civil Code bill consists of rules regarding fixed age for marriage for both the gender. Marriage of a girl below 18 years will be considered a crime.
• Uniform Civil Code bill comprises of strict rules regarding population control and uniformity in the number of children could be expected in the Uniform Civil Code bill.
• Uniform Civil Code bill constitutes of legal framework for uniform marriage, live-in relationships, divorce and property. Son and daughter will have equal rights in property. Biological children will inherit property. Children through surrogacy or adopted children will have equal rights in property. After death, parents, wife and children will have equal rights in property. Tribal communities are out of the law of the Uniform Civil Code.

Legal framework for live-in relationships

Legal declaration of live-in relationships will be mandatory. "It shall be obligatory for partners to a live-in relationship within a State, whether they are resident of Uttarakhand or not, to submit a statement of live-in relationship under sub-section (1) of section 381 to the Registrar within whose jurisdiction they are so living.” Any citizen, failing to do so, shall be punished with imprisonment up to three months and/or fine up to Rs 10,000.

The tribes are not included under the Uniform Civil Code bill

"Nothing contained in this code shall apply to the 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."

On 2nd February, a government appointed panel submitted a template for Uniform Civil Code to Uttarakhand Chief Minister Pushkar Singh Dhami. CM Dhami posted on X, “With the aim of giving equal rights to the citizens of Devbhoomi Uttarakhand, a Uniform Civil Code bill will be introduced in the Assembly today. It is a moment of pride for all the people of the state that we will be known as the first state in the country to move towards implementing UCC”.

Advocate Ashwini Upadhyay, who had filed a Public Interest Litigation (PIL) on UCC in SC, said, "While a Hindu couple going for divorce gets a six-month cooling period, it is two years for Christians and there is no time limit for our Muslim sisters. Now, UCC will provide an equal cooling period for all religions."