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Home INDIA

Key Provisions of Uttarakhand’s Uniform Civil Code Bill

by Ayushi
February 6, 2024
in INDIA
Terming Uttarakhand's Uniform Civil Code bill to be a violation of the fundamental rights enshrined in the Indian Constitution, All India Majlis-e-Ittehadul Muslimeen AIMIM chief Asaduddin Owaisi says the code forces Muslims to follow a different religion and culture.
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The introduction of a Uniform Civil Code (UCC) bill by the Uttarakhand government has stirred significant debate and controversy, particularly within opposition circles. Presented in the state assembly, the bill aims to establish uniform laws governing various aspects of civil life, including marriage, divorce, land, property, and inheritance, applicable to all citizens irrespective of their religious affiliations. This move reflects a broader push towards standardization and modernization of legal frameworks, aligning with the principles of equality and justice enshrined in the Constitution of India. However, the bill has faced criticism and scrutiny from certain quarters, highlighting the complexities and sensitivities surrounding issues of personal law and cultural diversity in the country.

 

One of the notable features of the UCC bill is its exemption for members of Scheduled Tribes and individuals whose customary rights are protected under the Constitution. This exemption recognizes the distinct legal and cultural practices of tribal communities, acknowledging the need for tailored approaches to governance and law enforcement in such contexts. Additionally, the bill addresses the regulation of live-in relationships, requiring partners to register their relationship with district officials to ensure legal recognition and protection. Failure to comply with these regulations may result in penalties, underscoring the government’s emphasis on accountability and adherence to established norms.

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Moreover, the UCC bill explicitly prohibits practices such as bigamy and polygamy, mandating that marriages can only occur if neither party has a living spouse. By imposing such restrictions, the bill seeks to uphold the principles of monogamy and fidelity while safeguarding the rights and dignity of individuals within marital relationships. Furthermore, the bill imposes age restrictions on both marriage and live-in relationships, setting the minimum age for men and women at 21 and 18, respectively. This provision aims to prevent instances of underage marriage and ensure that individuals enter into relationships willingly and with full legal capacity.

 

In terms of inheritance rights, the UCC bill advocates for gender equality by granting both men and women equal rights to inheritance. This provision represents a significant step towards addressing historical disparities and discrimination in inheritance laws, promoting gender equity and social justice. Additionally, the bill underscores the importance of transparency and accountability in governance, with provisions for penalties for providing false information related to live-in relationships and other civil matters.

 

The passage of the UCC bill in Uttarakhand would mark a significant milestone in the state’s legal landscape, signaling a departure from fragmented and disparate legal frameworks towards a more cohesive and standardized approach to civil law. However, the bill’s implementation may face challenges and resistance from various stakeholders, particularly those with vested interests in maintaining existing legal paradigms. As debates surrounding the UCC bill continue to unfold, it remains essential to balance the imperatives of uniformity and diversity, ensuring that legal reforms are inclusive, equitable, and responsive to the needs of all citizens.

Tags: Divorce LawsInheritance RightsMarriage LawsUCC BillUniform Civil CodeUttarakhand
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Terming Uttarakhand's Uniform Civil Code bill to be a violation of the fundamental rights enshrined in the Indian Constitution, All India Majlis-e-Ittehadul Muslimeen AIMIM chief Asaduddin Owaisi says the code forces Muslims to follow a different religion and culture.

Controversy Surrounding Uttarakhand's UCC Bill

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