Uttarakhand has become the first state in India to implement the Uniform Civil Code, aimed at ensuring legal equality for people of all castes and religions.
The Uniform Civil Code (UCC) in Uttarakhand applies to all residents of the state, except for Scheduled Tribes and individuals or communities protected under special authority-empowered provisions.
The UCC aims to streamline and standardize personal laws related to marriage, divorce, succession, and inheritance, promoting legal uniformity.
Under the UCC:
- Marriage can only occur between individuals who have no living spouse.
- Both parties must be mentally capable of giving legal consent.
- The minimum age for marriage is 21 for men and 18 for women.
- The couple must not fall within prohibited relationships.
Uttarakhand’s path to implementing the UCC began in March 2022, when the state cabinet approved the formation of an expert committee led by retired Supreme Court Judge Ranjana Prakash Desai. The committee conducted extensive consultations over 18 months, engaging with various sections of the population, and submitted the draft UCC in four detailed volumes.
The draft was presented to the state on February 2, 2024. Shortly after, the Uttarakhand assembly passed the UCC bill, and President Droupadi Murmu granted her assent in March 2024, completing nearly two years of the legislative process.
Key Features of Uttarakhand’s UCC
The Uniform Civil Code Act in Uttarakhand regulates the following areas:
- Marriage and Divorce: Establishes a uniform marriageable age for men and women, defines grounds for divorce, and standardizes procedures across all religions.
- Succession: Codifies inheritance and succession laws.
- Live-in Relationships: Mandates compulsory registration of live-in relationships.
- Polygamy and ‘Halala’: Prohibits polygamy and bans the practice of ‘halala,’ where a woman must marry and divorce another man before remarrying her previous husband.
