What Does Uttarakhand's UCC Entail?

What does Uttarakhand’s UCC entail?
How will the Uniform Civil Code Bill impact divorce,

inheritance of property, and live-in relationships?
What are the penalties if the new law is violated?
Has any community been left outside its purview?
Are other BJP-ruled States also considering
formulating a UCC?
Towards uniformity: BJP supporters celebrate after Uttarakhand CM tables
the UCC Bill in the State Assembly, in Dehradun, on February 7. - Photo: -
Photo: ANI
AARATRIKA BHAUMIK
BHAUMIK,,
‘The mandatory registration
of live-in relationships is in breach of the

fundamental right to privacy’
The story so far:
On February 7, the Uttarakhand Assembly passed the Uniform

Civil Code (UCC) Bill, becoming the first legislature in
independent India to pass a law that proposes common rules
on marriage, divorce, inheritance of property, and live-in
relationships for all citizens, irrespective of their religion. This
stems from Article 44 of the Constitution (Directive Principles of
State Policy) which although not enforceable, obligates the
State to strive to implement such a uniform law. The Bill will
now be sent to the President for her assent after which it will
become a law.
Who is the Bill applicable to?
It applies to all residents of Uttarakhand except the tribal

community which constitutes 2.9% of the State’s population.
The community has been averse to a UCC from the very
beginning. Accordingly, Section 2 stipulates — “Nothing
contained in this code shall apply to the members of any
Scheduled Tribes within the meaning of clause (25) of Article
366 read with Article 142 of the Constitution of India and the
persons and group of persons whose customary rights are
protected under Part XXI of the Constitution of India.”
How does it regulate live-in relationships?
The Bill imposes an obligation on all heterosexual couples

(irrespective of whether they are residents of Uttarakhand or
not) to register their live-in relationships by submitting a
“statement” to the concerned Registrar. Even if such a
relationship is terminated, the Registrar has to be kept
informed. In case either of the partners is less than 21 years
old, the declaration will also be sent to their parents or
guardians.
Subsequently, the Registrar will conduct a “summary inquiry” to
ensure that the relationship does not fall under any of the
prohibited categories mentioned under Section 380 — if a
partner is married or in another relationship, if he or she is a
minor, and if his or her consent was obtained by “coercion,
fraud or misrepresentation”. The Registrar will then have to
decide within 30 days. If the registration is refused, reasons
have to be conveyed in writing.
Notably, a woman is eligible to claim maintenance in case she

is “deserted” by her live-in partner.
In case a couple has spent a month without registering their

live-in relationship, they can face a jail term of up to three
months or a maximum fine of ₹10,000, or both. Any false
statement by them will also attract the same jail term, but a
higher fine amount of₹25,000, or both. Upon being issued a
notice, if they still do not register, they may face six months of
imprisonment or a fine of₹25,000 or both.
The Bill abolishes the concept of “illegitimate children” by

extending legal recognition to children born in void and
voidable marriages, as well as children born in live-in
relationships.
Is bigamy or polygamy permitted?
One of the conditions stipulated under Section 4 for a valid

marriage is that neither party should have “a spouse living at
the time of the marriage” thus prohibiting practices such as
bigamy or polygamy. The minimum age of marriage, however,
will remain the same.
Do marriages have to be registered?
Marriages that occur after the enactment of the law have to be

compulsorily registered within 60 days. This applies to
marriages solemnised within the State or outside its territory,
provided that at least one party to the marriage is a resident of
Uttarakhand. Although non-registration of marriage will not
invalidate it, parties can attract a penalty of up to₹10,000. A
three-month jail term and a fine of ₹25,000 will be also
three-month jail term and a fine of ₹25,000 will be also
awarded in case false information is intentionally rendered
during marriage registration.
Marriage ceremonies can be conducted in accordance with any

religious and customary rites detailed under legislations such
as The Anand Marriage Act, 1909, Arya Marriage Validation Act,
1937, and The Special Marriage Act, 1954, among others.
What about divorce proceedings?
No marriage can be dissolved without a court order or else it

can attract imprisonment up to 3 years. Grounds for divorce
also include religious conversion but not “irretrievable
breakdown of marriage” despite the latter being recognised in
several Supreme Court judgments.
Importantly, Section 28 prohibits the initiation of divorce

proceedings unless one year has elapsed since the date of
marriage. However, an exception can be made if the petitioner
has su!ered “exceptional hardship” or if the respondent has
exhibited “exceptional depravity”. Women can specifically seek
a divorce in case the husband has been found guilty of rape or
any kind of unnatural sexual o!ence or if he has more than
one wife. Following a divorce, the custody of a child up to 5
years remains with the mother.
How are inheritance rights a!ected?
A distinct feature of the Bill is that it abolishes the coparcenary

system governing ancestral property under the Hindu
Succession Act, 1956. Thus, the same scheme of succession will
now apply to both ancestral and self-acquired property for
Hindus.
In the event of intestate succession, the Bill guarantees equal

property rights for the spouse, children, and parents — a
departure from existing personal laws that limit such rights. If
there is no immediate family, the property will be equally
divided among second-line relatives — first cousins from the
paternal side. Others can also stake a claim if no eligible
claimants are found.
Does the Bill criminalise Muslim personal law practices?

Does the Bill criminalise Muslim personal law practices?
Existing Muslim personal law practices governing marriage and

divorce such as nikah halala, iddat, and triple talaq have been
criminalised without explicitly naming them. For instance,
Section 30(1) stipulates that the right of a person to remarry
the divorced spouse can only be exercised without any
condition, such as marrying a third person before such a
marriage. This therefore prohibits the practice ofnikah halala.
Section 32 further provides that anyone who “compels, abets

or induces” to observe any such condition before remarriage
will be punished with imprisonment up to three years and also
be liable to pay a fine of₹1 lakh.
What do experts have to say?
“The mandatory registration of live-in relationships is intrusive

and definitely in breach of the fundamental right to privacy as
it forces you to submit yourself to the state on something as
intimate as a personal relationship,” says Alok Prasanna Kumar,
Co-Founder and Lead at the Vidhi Centre for Legal Policy in
Bengaluru.
Madhya Pradesh and Gujarat have also appointed committees

to initiate the formulation of a UCC. This, Mr. Kumar says,
e!ectively defeats the purpose of Article 44 since the
Constitution framers did not intend for every State to have its
own di!erent version of a UCC.

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What does Uttarakhand’s UCC entail?

How will the Uniform Civil Code Bill impact divorce,

of live-in relationships is in breach of the

The story so far:

On February 7, the Uttarakhand Assembly passed the Uniform

Who is the Bill applicable to?

It applies to all residents of Uttarakhand except the tribal

How does it regulate live-in relationships?

The Bill imposes an obligation on all heterosexual couples

Notably, a woman is eligible to claim maintenance in case she

In case a couple has spent a month without registering their

The Bill abolishes the concept of “illegitimate children” by

Is bigamy or polygamy permitted?

One of the conditions stipulated under Section 4 for a valid

Do marriages have to be registered?

Marriages that occur after the enactment of the law have to be

Marriage ceremonies can be conducted in accordance with any

What about divorce proceedings?

No marriage can be dissolved without a court order or else it

Importantly, Section 28 prohibits the initiation of divorce

How are inheritance rights a!ected?

A distinct feature of the Bill is that it abolishes the coparcenary

In the event of intestate succession, the Bill guarantees equal

Does the Bill criminalise Muslim personal law practices?

Existing Muslim personal law practices governing marriage and

Section 32 further provides that anyone who “compels, abets

What do experts have to say?

“The mandatory registration of live-in relationships is intrusive

Madhya Pradesh and Gujarat have also appointed committees

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