Uttarakhand Chief Minister Pushkar Singh Dhami with others holds a copy of the Constitution of India, at Vidhan Sabha Bhawan, in Dehradun, Tuesday, Feb. 6, 2024. The Uniform Civil Code bill, which proposes uniform marriage, divorce, land, property and inheritance laws for all citizens irrespective of their religion in Uttarakhand, was tabled in the state assembly on Tuesday.
Credit: PTI Photo
The UCC will be tabled in the Uttarakhand state Assembly on today for discussion.
After it is passed in the state cabinet meeting today, it will be placed before the Assembly -- specifically called for this purpose from February 5-8.
UCC aims to create a set of laws that is uniform, so as to replace the distinct personal laws of religion
It stems from Article 44 of the Constitution, where it is mandated that the state "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
Chief Minister Pushkar Singh Dhami says the Uniform Civil Code will be "for the good of all sections" and there is no need to worry
"Not only Uttarakhand but the entire country was waiting for the UCC. The wait is coming to an end on Tuesday when it will be tabled in the state assembly. The whole country will be watching how the bill is brought in the House here and passed,"
All members (of the Assembly) should've been given at least one day to read about the Bill: Congress leader Bhuwan Kapri
Uttarakhand CM Pushkar Dhami leaves from his residence in Dehradun with a copy of the Constitution
The Central Government is using a sensitive state like Uttarakhand for tokenism, if they want to bring UCC, it should have been brought by the central government: Harish Rawat
On UCC Bill to be introduced in the State Assembly today, former Uttarakhand CM and Congress leader Harish Rawat says, "The state government and the Chief Minister are very eager to get it passed and the rules are not being followed... No one has the draft copy and they want an immediate discussion on it... The Central Government is using a sensitive state like Uttarakhand for tokenism, if they want to bring UCC, it should have been brought by the central government..."
The BJP is constantly neglecting Constitutional procedure: LoP
Uttarakhand CM Pushkar Dhami arrives at Vidhan Sabha with a copy of the Constitution
We won't abide by it (UCC Bill) if it is against the 'hidayat' (instructions) given to Muslims in Quran: Samajwadi Party MP ST Hasan
"We don't have any issue if it is as per 'hidayat'," says Samajwadi Party MP ST Hasan. The Uniform Civil Code Bill will be introduced in the Uttarakhand Assembly in later today.
UCC Bill tabled by CM Pushkar Dhami
Proceedings of the House have been adjourned till 2 pm today
What can be a greater happiness than UCC, says BJP MLA Shiv Arora
Once it becomes an act, Uttarakhand will become the first state in the country after Independence to adopt the UCC. It has been operational in Goa since the days of Portuguese rule.
They bring up UCC to polarise: Assam Congress MP Abdul Khaleque
Why the Uttarakhand govt exempted the Adivasis, Dalits from this Act: AIUDF MLA Aminul Islam
On the UCC bill tabled in Uttarakhand Assembly, AIUDF MLA Aminul Islam says "I can't understand what is their purpose because if they are going to implement UCC then why the Uttarakhand govt exempted the Adivasis, Dalits from this Act? If Adivasis and Dalits are not included under this law then how is it going to be universalised?... By implementing UCC, they want to deprive them of their rights social rights, legal rights and other religious rights...We oppose the UCC bill..."
BJP will still lose in Uttarakhand in Lok Sabha elections, says Congress MP as discussion on UCC under way
TMC MP Saugata Roy says, "We are not in favour of implementation of UCC. They can implement it in BJP-ruled states, we will not implement it in West Bengal."
UCC Bill proposes registration of live-in relationships
“It shall be obligatory for partners to a live-in relationship within the State, whether they are residents 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," Section 378 of the UCC bill said.
UCC Bill Uttarakhand: Registration of live-in relationships mandatory for couples within 1 month
The bill stipulates registration of live-in relationships in the state and imprisonment of three months for failure to do so within a month. Any child born out of such a relationship will be considered legitimate.
“It shall be obligatory for partners to a live-in relationship within the State, whether they are residents 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," Section 378 of the UCC bill said.
The UCC Bill proposes that in case the couple fails to register their live-in relationship within the stipulated time period, which is one month from the date of entering into such relationship, they shall be liable to be punished on conviction by a Judicial Magistrate with imprisonment ranging from 3 to 6 months or fine up ₹25,000. (PTI)
The Uttarakhand Uniform Civil Code (UCC) bill proposes that in case any of the partners is under 21 years of age, the Registrar must inform his parents/guardian about the registration or termination of the live-in relationship.
“If a woman gets deserted by her live-in partner, she shall be entitled to claim maintenance from her live-in partner for which she may approach the competent Court having jurisdiction over the place where they last cohabited, and in such a case the provisions contained in Chapter - 5, Part - 1 of this Code shall mutatis-mutandis apply," the Section 388 of the Bill said.
Partners may terminate their live-in relationship by submitting statements to the Registrar.
If partners in a live-in relationship fail to submit their declaration, a notice will be sent by the Registrar to submit their statement within 30 days. If live-in partners don't submit a statement after getting a notice, they may face jail term up to six months or be fined Rs 25,000 or both.
Divorce laws under Uttarakhand Uniform Civil Code (UCC) Bill
A couple cannot approach the court for divorce in less than one year of their marriage, except in exceptional cases.
Women have special rights to seek divorce if the husband has been found guilty of rape or any other offence related to unnatural sex and if the husband has more than one wife.
Both men and women can approach a court to file for divorce on grounds of adultery, mental or physical cruelty by spouse, desertion without any reasonable cause, religious conversion by the spouse, unsoundness of mind, venereal diseases etc.
Marriage laws under Uttarakhand Uniform Civil Code (UCC) Bill
The Uttarakhand Uniform Civil Code (UCC) Bill explicitly bans bigamy and polygamy in the state. Under section 4 of the Uttarakhand Uniform Civil Code (UCC) Bill, the government has listed conditions for the solemnisation of marriage:
Marriages may be solemnised in accordance with the religious beliefs, practices, customary rites and ceremonies, including, but not limited to Saptapadi, Ashirvad Nikah, Holy Union, Anand Karaj under The Anand Marriage Act 1909 as well as under, but not limited to, The Special Marriage Act 1954 and Arya Marriage Validation Act, 1937.
The man must have completed the age of 21 years and the woman 18 years.
A marriage can be solemnised between a couple if neither the man nor the woman have a spouse living at the time of the marriage.
At the time of the marriage, neither party:
(a) is incapable of giving valid consent in consequence of unsoundness of mind; or
(b) though capable of giving valid consent, has been suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage; or
(c) has been subject to recurrent attacks of insanity.
The parties are not within the degrees of prohibited relationship unless the custom or usage governing one of them permits marriage between the two. Provided that such customs and usage are not against public policy and morality.
Registration for marriage has been made compulsory. The registration will have to be done in 60 days after the marriage.
Non-registration of marriage will entail a maximum fine of Rs 20,000. However, not registering a marriage will not make it invalid.
All marriages after March 26, 2010, will have to be registered within six months.