With a scheduled date of 27 January, 2025, Uttarakhand is set to be India’s first state to enforce a Uniform Civil Code. According to the news, Shailesh Bagoli secretary of Chief Minister Pushkar Singh Dhami has informed that on this day, the portal to implement UCC will also be launched in the state to make it all inclusive and technological. The launch will happen just a day before Prime Minister Narendra Modi is scheduled to visit Dehradun, adding substantial national attention to the event.
Uttarakhand Uniform Civil Code Act, 2024
The Uttarakhand government has formally notified the Uttarakhand Uniform Civil Code Act, 2024. This bill seeks to make personal laws about marriage, divorce, succession, and inheritance in the state easier and uniform. The act would also regulate the making and revocation of wills and codicils, which are ancillary documents regarding testamentary succession.
All state residents, dwelling outside the State, except those belonging to the Scheduled Tribes and certain authority-empowered persons and groups, will fall under the jurisdiction of the UCC.
Salient Features of the UCC:
The very purpose of this UCC is to safeguard human rights and the social fabric is to be governed by clear statutory provisions regarding matrimonial conditions. The salient features are:
Eligibility for Marriage:
Marriage can be only between two spouses without another alive.
Both parties must be mentally capable of giving legal consent.
The man must be at least 21 years old, and the woman must be at least 18 years old.
The couple should not be related within the prohibited degrees of relationship.
Marriage Registration:
Marriages under the UCC must be registered within 60 days of their solemnization.
Marriages solemnized between March 26, 2010, and the implementation of the Act must be registered within 6 months.
Marriages before March 26, 2010, or outside Uttarakhand can be registered within six months of the UCC coming into effect, though it is not mandatory.
Marriage registration can be done both online and offline.
Marriage Acknowledgement:
The sub-registrar will decide on marriage registration within 15 days. If there is no decision, the application will be automatically forwarded to the registrar.
There is an appeal process for rejected applications, and penalties are imposed for providing false information during registration.
Exemptions and Exclusions:
The UCC does not apply to Scheduled Tribes or certain protected communities under specific constitutional provisions. This exclusion ensures that communities with distinct customs and practices are not subject to the provisions of the Act.
Before its actual launch, Uttarakhand Information Technology Development Agency (ITDA) carried out a mock drill to check the readiness of the UCC portal in terms of operational functionality. The system is going to be functional when the system is released and the people would be able to access easy registration and related services.
Implementation and Monitoring:
To ensure effective implementation of the UCC, the state government shall appoint a Registrar General, along with Registration and Sub-Registrar officers, who shall monitor and maintain records. The move is also aimed at providing an efficient legal framework for matters related to marriage and succession.
The UCC in Uttarakhand will mark a historical step toward uniformity and clarity in personal laws. Provisions to simplify marital registration, protect individual rights, and promote social harmony are going to make the UCC a precursor for other states in India. The UCC portal launch will further streamline the process, making it easier for residents to engage with the legal system and access necessary services.
