Uttarakhand Uniform Civil Code Bill tabled; sets rules on marriage, inheritance, alimony, live-in relationships

New Delhi: The Uttarakhand Uniform Civil Code bill, the first legislation in the country since Independence that seeks to implement a common law for issues related to marriage, divorce, inheritance, and adoption was introduced in the state assembly on Tuesday.

Amid chants of ‘Vande-Mataram’ and ‘Jai Shri Ram’ by members of the treasury benches, Chief Minister Pushkar Singh Dhami stood up to table the bill that makes registration of live-in relationships mandatory and has a provision to provide maintenance for the partners of deserted live-in partners.

The children born out of such relationships would also be considered legitimate once the bill is passed.

As per the Bill, live-in relationships of partners who are less than 21 years of age shall be intimated to the parents by the registrars. Any violation of the law would invite jail of up to three months and a fine of ₹10,000 or both. The proposed UCC applies to all residents of the state, except the tribal population.

The legislation also mandates the registration of marriages within six months, and by definition, marriages are identified only between a man over the age of 21 years and a woman who is atleast 18 years, either of who do not have a spouse, thereby outlawing polygamy.

The bill also specifies norms for the grounds for divorce and nullification of marriage, specifying that any form of nullification which does not ascribe to this law and is in accordance to personal laws or customs like triple talaq, nikah halala, etc will now attract a fine of Rs 50,000 and a jail term of upto 3 years.

In the case of divorce, both men and women are entitled to alimony and maintenance. A woman can also seek divorce if the man already has a spouse, or if the woman is pregnant with another man’s child.

The introduction of the Bill is a first such move in any state that could be followed by similar legislation in other BJP-run states. The state’s tribal community is exempted from the purview of the proposed law, which also mandates registration of live-in relationships.

In inheritance laws, the Bill says that there is no difference in the rights of an unborn child and a child who is alive. The Bill also states that if a widow or widower remarries, then they lose the right of inheritance of the assets of their former spouse.

Coming just ahead of the Lok Sabha elections, the Uttarakhand bill ticks off an important item on the BJP agenda — a common law on marriage, divorce, land, property and inheritance for all citizens, irrespective of their religion. It is likely to be studied and implemented by BJP governments in states like Gujarat and Assam. Only Goa has a common civil law, in operation since the Portuguese rule.

Yashpal Arya, Leader of Opposition in the Uttarakhand Assembly, said that members should be given enough time to study the Bill and asked for it to be referred to a select committee of the House. “We are not against the Bill. The House is governed by the rules of conduct of business but BJP is continuously ignoring it and wants to suppress the voice of the MLAs based on the strength of numbers,” Arya said.