The Uniform Civil Code, introduced in the Uttarakhand Assembly Today (06 Feb 2024) morning, includes a provision that grants legal recognition to children born from live-in relationships, and that a woman who has been abandoned by her live-in partner has the right to seek maintenance, among other provisions; Non-Compliance could lead to 6-month Jail term.
Dehradun: In Uttarakhand, when the Uniform Civil Code is enacted, individuals currently in or planning to enter live-in relationships will be required to register with district authorities. Those under the age of 21 seeking to live together will need parental consent for registration. This mandatory registration also applies to individuals who are residents of Uttarakhand but in a live-in relationship outside the state.
However, it’s important to note that live-in relationships will not be registered in certain circumstances, including situations that are deemed “contrary to public policy and morality,” when one partner is already married or in another relationship, when one partner is a minor, and when consent of one partner was obtained through “coercion, fraud, or misrepresentation (regarding identity).”
The dissolution of registered live-in relationships will require a written statement in a specific format. If the Registrar finds the reasons for ending the relationship to be “incorrect” or “suspicious,” it may lead to a police investigation. Additionally, parents or guardians of individuals under the age of 21 will be informed in such cases.
ALSO READ: Court Grants Custody Parole to Manish Sisodia for Visiting Ailing Wife
Failure to provide declarations for live-in relationships or providing false information may result in imprisonment for up to three months, a fine of ₹25,000, or both. Anyone who neglects to register a live-in relationship may face a maximum of six months in jail, a fine of ₹25,000, or both. Even a one-month delay in registration could lead to a jail term of up to three months, a fine of ₹10,000, or both.
Another significant aspect of the Uniform Civil Code presented in the Uttarakhand Assembly is that children born from live-in relationships will be legally recognized and considered “legitimate children of the couple.”
This, the UCC also includes- “rights of all children born out of wedlock, in live-in relationships, or via incubation, will be the same… no child can be defined as ‘illegitimate'”.
Also, “all children will have equal rights in inheritance (including parental property)”, the official said, drawing attention to the language of the UCC, which refers to “child” and not “son” or “daughter”.
And most important addition is- A woman “deserted by her live-in partner” can claim maintenance, the UCC draft also said, although it does not specify what constitutes “desertion”.
UNDERSTANDING Uniform Civil Code (UCC) and BACKGROUND of Uttarakhand Civil Code
Recently, the Uniform Civil Code (UCC) draft report was approved by the Uttarakhand Cabinet and is likely to be tabled in the state assembly on 6th February 2024, as a bill for enactment.
- The UCC drafting committee was led by retired Supreme Court judge Ranjana Prakash Desai.
- The UCC is a proposed set of common laws for all residents of Uttarakhand, regardless of their religion, caste, or gender.
In the Indian Constitution
- Article 162 of the Indian Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws. In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee to introduce and implement Uniform Civil Code (UCC) per se cannot be challenged as ultra vires.
- Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
- Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
- This implies that the state government of Uttarakhand can enact UCC within its territory.
What are the Key Highlights of Uttarakhand’s UCC Draft Report?
- The UCC aims to replace distinct personal laws of every religion, focusing on marriage, divorce, adoption, and inheritance, guided by Article 44 of the Constitution.
- Article 44 of the Indian Constitution is a Directive Principle of State Policy (DPSP). It states that the state should try to establish a uniform civil code for all citizens throughout India.
- This code would be a single set of personal laws that would apply to all citizens, regardless of religion.
- Article 44 of the Indian Constitution is a Directive Principle of State Policy (DPSP). It states that the state should try to establish a uniform civil code for all citizens throughout India.
- Some of the key proposals put forth by the committee include the prohibition of polygamy, halal, iddat (a mandatory period of waiting to be observed by women following the dissolution of a Muslim marriage), triple talaq, and child marriage, uniform age for girls’ marriage across all religions, and mandatory registration of live-in relationships.
- The draft UCC aims to focus on gender equality by treating men and women equally in matters such as inheritance and marriage.
- The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
- The minimum age for marriage for men and women is set to remain the same,18 years for women and 21 years for men.
- The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
- Scheduled tribes (STs) have been exempted from the purview of the bill. The tribal population in the state, which is around 3%, had been voicing its dissent against UCC in the wake of the special status accorded to them.
What are the Concerns Regarding the UCC Draft Report for Uttarakhand?
- The UCC draft report may infringe upon the fundamental rights of religious freedom and personal liberty guaranteed by the Constitution of India.
- Some critics argue that the UCC draft report does not respect the diversity and pluralism of India, and imposes a uniform code that may not suit the customs and practices of different communities.
- Some critics argue that the UCC draft report does not respect the diversity and pluralism of India, and imposes a uniform code that may not suit the customs and practices of different communities.
- The UCC draft report may affect the rights and interests of the STs of Uttarakhand.
- Some activists claim that the UCC draft report does not adequately address the issues and aspirations of the STs, and may erode their cultural identity and autonomy.
What is the Uniform Civil Code?
- About:
- The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
- However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
- However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
- Goa is the only state in India with a UCC, following the Portuguese Civil Code of 1867.
- The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
- Supreme Court of India Stance on UCC:
- Mohd. Ahmed Khan vs Shah Bano Begum Case,1985:
- The Court observed that “it is a matter of regret that Article 44 has remained a dead letter” and called for its implementation.
- Such a demand was reiterated in subsequent cases such as Sarla Mudgal v. Union of India, 1995, and John Vallamattom v. Union of India, 2003.
- Jose Paulo Coutinho v. Maria Luiza Valentina Pereira Case, 2019:
- The Court hailed Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and accordingly urged for its pan-India implementation.
- Mohd. Ahmed Khan vs Shah Bano Begum Case,1985:
- Law Commission’s Stance:
- In 2018, the 21st Law Commission headed by former Supreme Court judge Justice Balbir Singh Chauhan submitted a consultation paper on “Reforms of family law” wherein it observed that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
- It underscored that secularism should coexist with the prevailing plurality in the country. It however recommended that discriminatory practices and stereotypes within existing personal laws should be amended.
- It underscored that secularism should coexist with the prevailing plurality in the country. It however recommended that discriminatory practices and stereotypes within existing personal laws should be amended.
- Acknowledging the lapse of more than three years since the issuance of the initial consultation paper. In 2022, the 22nd Law Commission headed by Justice (Retd) Rituraj Awasthi, issued a notification seeking opinions from various stakeholders, including the public and religious organisations, on the UCC.
- In 2018, the 21st Law Commission headed by former Supreme Court judge Justice Balbir Singh Chauhan submitted a consultation paper on “Reforms of family law” wherein it observed that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
