The recent adoption of the Uniform Civil Code (UCC) in Uttarakhand has ushered in a transformative era in the legal landscape, aiming to establish a common legal framework for marriage, divorce, inheritance of property, and live-in relationships, excluding tribal communities. The UCC seeks to unify the varied personal laws followed by Hindus, Muslims, Christians, and other minority groups.
The UCC envisages a single law applicable to all religious communities, streamlining diverse laws related to marriage, divorce, adoption, inheritance, succession, and guardianship. Existing laws, including the Hindu Marriage Act (1955), Hindu Succession Act (1956), and Muslim Personal Law Application Act (1937), will undergo significant changes.
The implementation of the UCC introduces a range of reforms, including the prohibition of polygamy, the establishment of a minimum marriageable age, equal rights for men and women in divorce, shared ancestral property rights, and enhanced protection for adopted children, as well as those born out of wedlock or through surrogacy. The UCC also outlaws marriages between relatives such as cousins and uncles, ensuring equitable inheritance rights for sons and daughters.
Moreover, the UCC incorporates regulations for consensual sexual relationships outside marriage, obliging partners to notify the Registrar of entering or terminating a live-in relationship within a month, with non-compliance potentially leading to a six-month sentence. Legitimization of children from such relationships and entitlement of women to maintenance are integral components of the code.
Addressing practices under Muslim personal law, the UCC deems halala, iddat, and triple talaq as punishable offenses, with provisions for imprisonment or fines. In cases of divorce or domestic disputes, the UCC stipulates that the custody of a child up to 5 years old will remain with the mother.
The UCC, while aiming to unify personal laws, places significant emphasis on gender equality, safeguarding the rights of children, and regulating various aspects of personal relationships. This marks a notable stride towards a more standardized legal framework in India.
