Uttarakhand’s Uniform Civil Code: What it means for succession, marriage, divorce and live-in relationships | Simply Save

Here are a few points that Venkatesh highlighted:

-The UCC Bill (once it is enacted as law) applies to all the residents of Uttarakhand and transcends beyond one’s religion or communal background as is currently the case with personal laws. The UCC Bill provides for succession whereby simply by virtue of being a class I heir, irrespective of one’s gender and religious community, a person is entitled to a certain level of succession. This is currently not the case under the personal laws of different religious communities.

-The UCC Bill has done away with the concept of coparcenary property as under the Hindu Succession Act – the bill makes no demarcation between coparcenary property (property inherited jointly along with others, from your ancestors) and self-acquired property. Both types of properties will devolve in equal shares to your heirs if you die intestate or as per your will, if you have one. Similarly, as per Muslim personal law, daughters don’t have a right in devolution of property. If the UCC Bill takes shape as law, it will take precedence over these personal laws.

-The UCC Bill brings in a modern and more equitable distribution of assets. Disqualifications under personal laws (such as those based on gender etc.) have been done away. These have instead been standardized to bring them in line with modern times rather than being based on historical laws.

-Changes in laws relating to marriage and divorce – As per the UCC Bill, if you already have a surviving wife, you cannot get married again (ban on polygamy). Registration of marriage has been made mandatory and the process has been standardized. The Bill has also introduced a section on divorce by mutual consent. That is, a marriage can be dissolved if both husband and wife agree that after one year of marriage they don’t wish to live together. This is now getting statutorily recognised under the law.

-Possible legal challenge in sustaining the UCC Bill – The bill is envisioned under our Constitution under Article 44 which talks about every state endeavouring to have a uniform civil code. But Article 25 entitles every individual with the freedom / fundamental right to practice their religion.

-Both are part of the Indian Constitution. There are laws relating to succession, marriage, divorce etc. and then there is the UCC Bill but the two are at loggerheads in certain areas. So, the UCC (once a law), if challenged, will have to get tested in a court of law to see if it will sustain.