UCC comes into force in Uttarakhand: Making legal processes related to marriage simple

Dehradun: The Uniform Civil Code (UCC), which came into force in Uttarakhand on Monday, gives priority to protection of personal rights and regulates the laws on marriage, divorce, inheritance, and live-in relationships, among others.

The Uniform Civil Code Act, 2024, which applies to all residents of the state irrespective of their religion, also bans polygamy and child marriage.

The Act does not apply to the Scheduled Tribes notified under Articles 342 and 366 (25) of the Constitution and persons and communities protected under Part XXI. UCC's main provisions and objectives include making the legal processes related to marriage simple, streamlined and transparent. The law promotes social harmony while ensuring the protection of personal rights. It defines the eligibility criteria for marriages saying neither of the parties should have a living spouse.

Chapter one of the UCC dealing with marriage and divorce clearly states that a marriage may be solemnised/contracted between a man and woman if they have attained the eligible age for marriage and neither party has a spouse living at the time of the marriage. Both should be mentally healthy and capable of giving consent to marriage, it says. According to the UCC, the legal marriage age of the man should be 21 years and that of the woman 18 years, and both the parties should not be within the ambit of prohibited relationships. The UCC also makes marriage registration compulsory within 60 days. However, a marriage will not be considered invalid merely due to non-registration, says the UCC.

Marriages that took place from March 26, 2010 to the implementation of the Act will have to be registered within six months, it says. Marriages that that took place before March 26, 2010 can also register (not mandatory) if they fulfil all the legal eligibility. Persons who have already registered their marriage as per the rules do not need to register again, but they will have to give acknowledgement.

Marriage registration can be done both online and offline. It is mandatory for the sub-registrar to take a decision within 15 days of receiving the application for registration. If there is no decision within 15 days, the application will automatically be forwarded to the registrar, according to the Act. A transparent appeal process is available if the application is rejected. Also, there is a provision for penalty for giving false information. The state government will appoint registrar general, registrar and sub-registrars to monitor and implement the process of marriage registrations. The UCC not only simplifies the marriage process but also makes it more transparent and public-friendly.

It provides a well-organized framework for creation and cancellation of Will and Codicil (Testamentary Succession). Various aspects related to the will have been discussed in detail in this Act. Given the tradition of outstanding contribution of the state to the armed forces, the Act gives special importance to the “Privileged Will”.

According to this, soldiers, air force personnel or marines on active service or deployment can prepare a will under simple and flexible rules — whether it is handwritten, verbally dictated, or presented verbatim before witnesses. The basic purpose of this streamlined process is to ensure that even those deployed in difficult and high-risk situations can effectively register their property wishes, as per the Act.

For example, if a soldier writes a will in his own hand, the formalities of signature or attestation are not required, provided it is clear that the document was prepared in his own words. Similarly, if a soldier or air force man verbally declares a will in front of two witnesses, it can also be considered a privileged will, although it will automatically become invalid after one month if the person is still alive and his special service conditions (active service, etc.) have ended.

In addition, it is also possible that someone else drafts a will as directed by the soldier, and the soldier accepts it verbally or in action; in such a situation too it will be considered a valid privileged will. If the soldier had given written instructions to write a will but died before it could be finalised, those instructions would still be treated as a will, provided it is proven that they were his wishes. Importantly, a privileged will can also be revoked or amended in the future by the soldier by making a new privileged will (or ordinary will in some circumstances) that reflects the soldier's latest wishes.

This entire arrangement protects the interests of soldiers who want to clearly record their property decisions even in difficult circumstances, the UCC says. As part of the state government's commitment to provide convenient and citizen-friendly legal processes to the general public, these services will also soon be offered through an online portal. Making a will is not mandatory for anyone. However, for those who wish to set clear guidelines for their property, the Act provides a secure and simple system.