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7th February 2024 (12 Topics)

Uttarakhand's Uniform Civil Code Bill

Context

Uttarakhand state government tabled the Uniform Civil Code Uttarakhand 2024 Bill (UCC) in the state's legislative assembly.

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:

Panel:
  • The Uttarakhand government had formed a panel - led by retired Supreme Court judge Ranjana Prakash Desai - to prepare a draft for the UCC in 2022.
  • The UCC Uttarakhand 2024 Bill includes recommendations such as a complete ban on polygamyand child marriage.
  • 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.
  • Exemption: The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships.
Tribals in UttarakhandUttarakhand 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.

 Way Forward

If passed, Uttarakhand will be the first state after independence to have a Uniform Civil Code. Goa has a similar civil code that was implemented during the Portuguese colonial era.

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