Uttarakhand became the first state in independent India to pass the Uniform Civil Code (“Code” or “UCC”) through its state assembly. It aims to govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and matters incidental thereto. The Code aids from its clear and neat drafting of the aforestated issues to offer a better understanding of the law. As indicated by the Chairperson of the Expert Committee on UCC, it would help fight inequality and strengthen the social fabric of the society.
The author will analyse the changes brought in by the Code at an overview level and their implications on society. Moving further, the specific issues that have arisen after the introduction of the Code will be outlined with relevant suggestions.
Significant Changes brought in by the UCC
The consolidating and standardising of the civil laws, relating to marriage, succession and divorce or implementation of a Uniform Civil Code was an election promise of the present ruling party in Uttarakhand. The newly-introduced UCC, Uttarakhand 2024, through its Section 2, ousts the applicability of the Code for the members of any Scheduled Tribe of the state. This non-applicability means that the proposed UCC would not impact the long-standing culture and tradition of the tribal communities. It will not only allay the concerns of the tribal community regarding the erosion culture but will also infuse confidence in the tribal population of other hilly states with regard to the ambit and scope of UCC.
On Marriage & Divorce
Taking a step closer towards rationalising of laws, the Code is divided into four parts, dealing with marriage and divorce, succession, live-in relationship, and miscellaneous. Here, it is important to note that the use of the word ‘live-in relationship’ by the legislature would help in removing the societal taboo attached to such relationships. Starting with Part I, that deals with the rules regarding marriage and divorce between the individuals of Uttarakhand. The Code provides for standard rules of solemnization of marriage for all the communities of the state.
Section 4 of the Code lays down the conditions of marriage and it prescribes a uniform age of 21 years for the groom and 18 years for the bride, irrespective of their religious backdrop. It also prohibits polygamy for all individuals of the state. The Code also validates any ceremony within the religious beliefs of the spouses for solemnization of marriage.
Chapter 2 of Part I of the Code provides for compulsory registration of marriage and divorce. It mandates the registration of every marriage solemnized after March 26, 2010. Extrajudicial forms of divorce with any discriminatory undertones have been made illegal by virtue of Section 25 read with Section 29 of the Code.
Another important takeaway of the newly proposed Code is the abolition of the principle of illegitimacy of a child. Section 31 provides an all-encompassing legitimacy for children, irrespective of the validity of the wedlock. This would help them in claiming successor rights with less legal and practical obstacles. This would have a huge impact on society and in coming years, as couples will be more committed and serious to relationships and an “illegitimate” child wouldn’t hopefully suffer legal implications for no fault of theirs.
On Succession & Inheritance
Part II of the Code is the longest in terms of the total sections, and provides for uniform rules, inter alia, regarding intestate and testamentary succession. The extant provisions regarding succession differ from one religion to another and the rules prescribed therein. The newly introduced Code abolishes the concept of ‘coparcenary’, as existing in the Hindu Succession Act, 1956. Furthermore, there is no distinction between the share of a daughter and a son. Both of them would get an equal share of the devolved property. Also, there is no prohibition on the portion of the property that can be devolved.
These newly introduced changes would be beneficial for women child, who were rejected their rightful share in the properties of their heirs. As understood, it prescribes a common scheme of succession for every ‘person’ and shuns off the gender-specific rules for succession. This would simplify the process and amplify the equality amongst the heirs.
Live-in Relationship
Part III of the Code formalises a live-in relationship between consenting couples. The Code defines live-in relationships and mandates the registration of every live-in relationship in the state. It accords the status of legitimate child to children born in a live-in relationship. Section 388 empowers the woman in a live-in relationship to claim maintenance from her live-in partner in case of desertion. Thus, the state has recognised the legal status of live-in relationships and is ready to extend protection to consenting couples. The impact of this will however be discussed later in this article.
Assessing the Uttarakhand UCC
The introduction of UCC in Uttarakhand is not a single-day activity or an impromptu action. It is rather a mix of public consultation and expert-led process by the Committee, formed under Retired Hon’ble Justice Ranjana Prakash Desai, to examine ways for implementation of UCC. The Committee held more than 40 discussions with the general populace of the state to effectively understand the needs of the stakeholders and suggest reforms accordingly.
However, there are a few concerns raised that require clarification from the state government, especially on the newly introduced subject of “live-in” relationships. Firstly, the mandatory registration while entering into a live-in relationship and the submission of statement while terminating the live-in relationship seems antithetical to the very nature of a live-in relationship, which involves individual choice and autonomy. Secondly, the introduction of penal consequences for non-compliance with the registration requirements hints at a ‘big brother’ behaviour of governance.
While we certainly have a huge cultural and civilisation renaissance happening at this point in Bharat, it’s equally important to ensure that the youngsters of the nation do not see such legal provisions interfering with their personal freedom and with the voice of social media; they can always raise a debate which catches national attention sooner than earlier. Hence, it has to be seen as to how this and untested provisions of the UCC are tested legally by the courts.
Conclusion
It can be understood that the overall scheme of the UCC, in its present form, seems to reflect the aspirations of the society with a caveat of debates and discussion on a few aspects of it. The focus of the Code is on promoting gender equality and rationalising the differing laws existing for similar issues. Presently, Uttarakhand will be the first state to introduce and implement a UCC for the people. The Code has incorporated the suggestions solicited by the UCC Committee, which through a consultative process with the general public, understood the need for UCC.
As time progresses, suitable amendments or judicial intervention-based clarity may be required to address some of the issues raised herein. Till then, it would be interesting to take note of the effect of the Code on not only the population of Uttarakhand but also on other state governments with similar intentions.
Anant Merathia is a corporate litigator and author of “Defaulter’s Paradise Lost”. He can be found on ‘X’ @anant_merathia. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect News18’s views.
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