Dehradun- The Uniform Civil Code (UCC) bill was presented in the Uttarakhand Legislative Assembly on Tuesday by Chief Minister Pushkar Singh Dhami. The special session of the assembly, convened to pass the UCC bill, addressed various aspects of personal laws, including marriage, divorce, inheritance, and property, applying a uniform law for all citizens irrespective of religion or community under the proposed ‘Uniform Civil Code, Uttarakhand-2024.’
Key Provisions of the UCC Bill:
1. Ban on Polygamy, ‘Halala’ Prohibited: The UCC bill includes a ban on polygamy, stating that a citizen, as long as their spouse is alive, cannot enter into another marriage. Furthermore, the practice of ‘halala,’ prevalent in the Muslim community, is prohibited, and provisions for legal action and penalties are outlined.
2. Restrictions on Divorce: The bill introduces specific provisions regarding divorce, requiring any petition for divorce to be presented in court only after the completion of one year of marriage, with certain exceptions.
3. Penalties for Non-Disclosure in ‘Live-In’ Relationships: Couples in ‘live-in’ relationships are mandated to officially disclose information about their arrangement. Failure to provide this information within one month may result in a three-month imprisonment or a fine of ten thousand rupees, or both.
4. Maintenance Allowance for Women in ‘Live-In’ Relationships: In case a woman in a ‘live-in’ relationship is abandoned by her male partner, she is entitled to claim maintenance allowance.
5. Exclusion of Scheduled Tribes from UCC: Notably, the UCC bill excludes members of Scheduled Tribes residing in the state from its purview.
6. Landmark Move for Uttarakhand: Once enacted, Uttarakhand will become the first state in the country to implement the UCC after gaining independence. The legislative process gained momentum during the BJP-led government’s tenure, with the proposal being a significant part of their electoral promises.
7. Historic Decision Post Uttarakhand Assembly Elections: The BJP, securing victory in the 2022 Uttarakhand Assembly elections, took charge in March 2022. During their first cabinet meeting, a special committee was formed to draft the UCC bill, fulfilling a major electoral commitment.
The passage of the UCC bill in Uttarakhand is poised to set a precedent, marking a significant step towards a more uniform legal framework for personal matters across diverse communities.
