Highlights of UCC in Uttarakhand

What Is Uniform Civil Code? The concept of Uniform Civil Code (UCC) is a legal and social idea aimed at unifying personal laws for all citizens in a country, regardless of their religious affiliations. Implementing a UCC would involve enacting a single set of laws that would be applicable to everyone uniformly, covering various aspects of personal matters such as marriage, divorce, maintenance, inheritance, adoption and succession of property. It is important to note that the implementation of Uniform Civil Code often involves a comprehensive legal process and requires careful consideration of the diverse cultural and religious practices within a society. Legal changes of the magnitude usually require legislative amendments and may involve consultations with various stakeholders to ensure fairness and equality. What Is Ucc Bill UCC Bill is a Bill which was introduced by Sh. Pushkar Singh Dhami, Chief Minister of Uttarakhand. UCC is implemented mainly for the people who lives in Uttarakhand. The Uttarakhand Government becomes the India’s second state to implement UCC after Goa.  By implementing UCC in Uttarakhand, their government is trying to fill loopholes in the system. As the UCC Bill promotes equality irrespective of the religion or cultural background. Key Features The UCC Bill has seven schedules and 392 sections, focusing on four major areas:

1. Marriages
2. Divorces
3. Inheritance
4. Live-in relationships

Registration Mandatory

• The UCC says that if any person in a married couple changes his/her religion without the consent of the other person, then that other person has right to file for a divorce/ maintenance allowance. The Bill also prohibits second marriage if one of the spouse is alive.
• The UCC Bill makes it mandatory to register marriages and divorce, otherwise the couple will not be able to enjoy the benefits of government facilities.
• Under the Bill, in case of divorce or domestic violence dispute between couple, the custody of any child irrespective of its sex upto five years of age shall remain with the mother.
• Section 378 of the Bill also says that if couple is living in relationship, they need to register the same within a month with the district administration, otherwise, they can face a maximum punishment of up to three months imprisonment. Further, if live-in partners shared false information during the registration they will face imprisonment for up to three months or fine not exceeding Rs.25,000/- or both.
• Section 379 of the Bill says that children born out of live-in relationship will be considered legitimate children of the couple and Bill also proposes to give equal rights in property inheritance to sons and daughters.
• Under the Bill, after the death of a person, his wife and the children will be given equal rights in property along with deceased’s parents, however in previous laws only mother had rights in the property of the deceased.

  Ucc Not Applicable To Scheduled Tribes  The UCC Bill says that the Scheduled Tribes (ST) community will remain out of the purview of the Bill, which means that The UCC will not apply to any members of any Scheduled Tribe within the meaning of clause(25) of Article 366 read with Article 142 of the Constitution  

You may contact me for consultation or advice by visiting Contact Us and Call us