On February 6, 2024, a significant event unfolded in the state assembly of Dehradun, Uttarakhand.
The state government, under the leadership of Chief Minister Pushkar Singh Dhami, introduced the Uniform Civil Code (UCC) bill. This move is historic as it could mark the first implementation of such a law in any Indian state since the country gained independence.
UCC Bill’s Propositions
The UCC bill proposes a common legal framework for marriage, divorce, land, property, and inheritance for all citizens, irrespective of their religious affiliations. However, it’s noteworthy that the Scheduled Tribes are exempt from this bill, preserving their unique cultural and social practices.
Bigamy: A Matter of Concern
The bill addresses the issue of bigamy by proposing a common law on marriage for all citizens, aiming to curb the practice of having more than one spouse simultaneously. This step is seen as a move towards promoting equality and justice in marital relationships.
The bill brings live-in relationships into focus, requiring such relationships to be registered within a month. Failure to comply could result in a three-month imprisonment. The bill also recognizes any child born from a registered live-in relationship as legitimate.
Penalties and Protections
The bill outlines penalties for those who live in a live-in relationship for more than a month without registering it, which could include up to three months imprisonment or a fine of up to Rs 10,000, or both under section 380. Providing false information in the registration statement could result in a higher fine and up to three months imprisonment. Additionally, the bill provides a safeguard for women in live-in relationships, allowing them to claim maintenance from their partner if abandoned, by approaching a competent court.
Assembly Session: A Special Occasion
The current session of the state assembly was specially convened for the passage of the UCC bill. The introduction of the bill was met with applause and patriotic chants from the treasury benches. However, the Speaker, Ritu Khanduri, amended the day’s agenda to allow the opposition more time to study the bill and articulate their views.
Political Implications
The introduction of the UCC legislation fulfills a major promise made by the BJP to the people of Uttarakhand in the run-up to the 2022 Assembly elections, which saw the party return to power with a landslide victory for the second consecutive term. The move has sparked interest in several BJP-ruled states, including Gujarat and Assam, which are considering adopting the Uttarakhand UCC as a model.
In a diverse country like India, where personal laws vary based on religion and community, the concept of a Uniform Civil Code has long been debated. The idea behind the UCC is to ensure equality and justice for all citizens, irrespective of their religious beliefs. By implementing a UCC, Uttarakhand aims to promote gender equality, protect individual rights, and streamline legal processes related to marriage, divorce, inheritance, and other personal matters.
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