From equal property rights to ban on polygamy: Key features of Uttarakhand's Uniform Civil Code bill
If passed, Uttarakhand will be the first state post-Independence to implement the UCC, with other BJP-ruled states expressing interest. The proposed bill includes provisions such as a ban on polygamy, equal inheritance rights, and adoption rights for all
FollowThe Uttarakhand Assembly is poised to deliberate upon the final version of the Uniform Civil Code (UCC) on Tuesday, following its recent endorsement by the state cabinet. The UCC, a legal framework applicable to all Indian citizens irrespective of religious affiliations, addresses various personal matters such as marriage, divorce, inheritance, and adoption. Should the bill receive legislative approval and subsequently be enacted, Uttarakhand will emerge as the first state post-independence to embrace the Uniform Civil Code.
Notably, other states governed by the Bharatiya Janata Party (BJP), including Assam and Madhya Pradesh, have shown interest in implementing similar legislation. It's worth mentioning that Goa has operated under a common civil code since its colonial-era under Portuguese rule. Sources indicate that the draft bill under consideration by the Uttarakhand Assembly includes provisions for a complete prohibition on polygamy and the registration of relationships for live-in couples. Additionally, it guarantees adoption rights for all individuals and proposes equal inheritance rights for sons and daughters.
Prime Minister Narendra Modi had underscored the necessity of a Uniform Civil Code last June, emphasizing the impracticality of maintaining disparate legal systems within the country. The current draft of the bill was formulated earlier this year by a committee appointed by Uttarakhand Chief Minister Pushkar Singh Dhami, which extensively engaged with over 200,000 citizens and stakeholders to gather insights.
The adoption of a Uniform Civil Code was a significant electoral promise made by Chief Minister Dhami during the 2022 assembly elections. Dhami expresses optimism that Uttarakhand's pioneering step will inspire other states to follow suit, utilizing the framework established by the state.
Key Provisions of Uttarakhand's UCC:
1) Equal Property Rights: The proposed UCC ensures equal property rights for both sons and daughters, irrespective of their lineage.
2) Elimination of Legitimacy Discrimination: Discrimination between legitimate and illegitimate children concerning property rights is eradicated under the bill, recognizing all offspring as equal.
3) Inclusivity in Parentage: Children adopted, born through surrogacy, or conceived via assisted reproductive technology are accorded the same legal status as biological children.
4) Equal Property Rights After Demise: In the event of a person's demise, equal property rights are granted to the spouse, children, and parents, diverging from previous laws that favoured the mother.
5) Standardization of Laws: The primary objective of the bill is to establish a standardized legal framework for marriage, divorce, land, property, and inheritance laws across religious lines.
6) Additional Recommendations: The committee's recommendations include a blanket ban on polygamy and child marriage, uniform marriageable ages for girls across faiths, and standardized grounds and procedures for divorce.
