Published: 9th Feb, 2024
Context
Uttarakhand become first state to clear Uniform Civil Code Bill.
What is the Uniform Civil Code?
- A Uniform Civil Code is conceptualised as a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of religion.
- The UCC aims to replace the existing diverse personal laws that vary based on religious affiliations.
Key-highlights of the Uniform Civil Code Uttarakhand 2024 Bill:
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Panel:
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- The UCC Uttarakhand 2024 Bill includes recommendations such as a complete ban on polygamyand child marriage.
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The age for marriage will be 18 for women and 21 for men across all communities. |
- It also includes equal property rights for sons and daughters, elimination of the distinction between legitimate and illegitimate children, equal property rights after death, and inclusion of adopted and biological children.
- Marriage: As it sets out common provisions, the Bill effectively bans polygamy and halala - without naming them -- practiced among a section of Muslims. Marriages can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities.
- Live-in Relationships: Live-in partners in Uttarakhand will have to register themselves with district officials or face imprisonment under the state's Uniform Civil Code bill, once it becomes a law.
- Children born of such relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.
- Like marriages, live-in relationships must be registered.
- Live-in partners must not be under 18. But if any one of them is under 21, the registrar is bound to inform their parents or guardians.
- Applicability: The Code applies to residents of the state, but only to those who identify within the binary genders of male and female who are in heterosexual relationships, thus leaving most LGBT persons outside its ambit.
- Exemption: The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships.
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Tribals in Uttarakhand Uttarakhand have 5 major tribes identified by the Government of India. These are Tharu, Jaunsari, Buksa, Bhotia, and Raji. As of 2011 India census, Uttarakhand has a tribal population of 2,91,903, with Tharu being the largest tribe, followed by Jaunsari and Buksa. |
Where does the Code fail?
- The Code fails to address the discrimination faced by mothers under guardianship laws that treat only fathers as legal guardians of the child, thus vesting in them the power to take decisions in relation to the child, and mothers as custodians of the child, thereby reducing them to caretakers.
- It leaves out most LGBT persons from its ambit. It is a missed opportunity to follow through on the Supreme Court’s decision in the marriage equality matter, wherein it had clarified that state legislatures are competent to ensure marriage equality for all.
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