Uttarakhand rolls out Uniform Civil Code: What it means for marriage, divorce and succession?

CM Dhami described the UCC as Uttarakhand’s contribution to Prime Minister Narendra Modi’s vision of a developed, organised, harmonious, and self-reliant India.

The BJP-ruled Uttarakhand on January 27 became the first state in India to implement the Uniform Civil Code (UCC), which came hours ahead of Prime Minister Narendra Modi's visit to the hill state.

Chief Minister Pushkar Singh Dhami described the implementation as a historic moment not just for Uttarakhand but for the entire country. He said the officials worked hard to have the code in place, which was done with the support of all sides.

Shailesh Bagoli, secretary to the chief minister, earlier said the UCC would be implemented across Uttarakhand and its reach also extend to its residents living outside the state.

Despite opposition from various political parties and religious groups, the state government completed all necessary preparations for the rollout, including rule approvals and official training.

Dhami has said UCC fulfils a significant commitment made by the Bharatiya Janata Party (BJP) during the 2022 assembly elections in Uttarakhand. He described the UCC as Uttarakhand’s contribution to Modi’s vision of a developed, organised, harmonious, and self-reliant India.

The UCC is a step towards a unified set of personal laws governing marriage, divorce, inheritance, and succession.

The UCC will apply to the entire Uttarakhand, with exemptions for Scheduled Tribes and certain protected communities, a Times of India report.

One of the key features of the UCC is that it mandates the registration of all marriages within 60 days of the law coming into effect. Marriages that took place on or after March 26, 2010, must also be registered within six months.

Following are the key provisions of the UCC:

Marriage and divorce

The UCC standardises the legal marriage age for men and women at 21 and 18 years, respectively, and establishes uniform grounds and procedures for divorce across all religions.

Ban on polygamy and ‘Halala’

The UCC prohibits polygamy and the practice of 'halala' across all communities.

Marriage registration

Marriages conducted after the Act’s implementation must be registered within 60 days. Online facilities will be provided to streamline the process.

Live-in relationships

Registration of live-in relationships will be mandatory for legal recognition and protection.

Succession laws

The UCC Act establishes uniform regulations for testamentary succession, including simplified processes for creating and revoking wills and codicils.

Privileged will provision

Soldiers, Air Force personnel, and mariners engaged in expeditions or warfare can create flexible, privileged wills under special provisions.

The debate surrounding the UCC is not just limited to Uttarakhand; rather, it's a subject of national discourse, especially in light of Article 44 of the Indian Constitution, which advocates for a Uniform Civil Code across the country.

In his Independence Day speech, PM Narendra Modi referred to the Supreme Court’s direction on the need for a common code, stressing that fulfilling the vision of the Constitution framers remains a national goal.

Several BJP-ruled states, including Assam, have expressed interest in adopting Uttarakhand’s UCC as a model for their legal systems.

Reacting to the move of UCC implementation by Uttarakhand, Congress spokesperson Abhishek Singhvi criticised the implementation as a “pilot project” initiated without national consensus.

Singhvi suggested that the BJP is using Uttarakhand as a testing ground before pushing for broader implementation across the country.