TAG: GS 2: POLITY
THE CONTEXT: Uttarakhand Chief Minister accompanied by Finance Minister tabled the Uniform Civil Code (UCC) Bill in the state Assembly, proclaiming it as a “historic moment.”
EXPLANATION:
- However, the Opposition criticized the move, labeling it a “poll gimmick” and questioning the urgency of its presentation.
Landmark Legislation with Exclusions
- If passed, Uttarakhand will be the first state in independent India to implement a uniform law covering marriage, divorce, succession, and live-in relationships.
- Notably, the Scheduled Tribes, constituting 2.9% of the state’s population, have been excluded from the ambit of the UCC Bill.
Key Provisions of the UCC Bill
- Marriage Restrictions:
- The UCC prohibits multiple spouses and mandates that marriages occur only between one man and one woman.
- The age of marriage is set at 21 years for boys and 18 years for girls.
- Equal Rights in Divorce:
- Men and women will have the same rights in matters related to divorce, aimed at ending practices like ‘Halala’ and ‘Iddat.’
- The Bill proposes a three-year imprisonment or a fine of ₹1 lakh, or both, for those found committing ‘Halala.’
- Registrations Mandatory:
- The UCC makes it mandatory to register marriages and divorces. Failure to comply will result in the couple being deprived of government facilities.
- Changes in Religion and Divorce:
- If one spouse changes their religion without the other’s consent, the affected party has the right to file for divorce and maintenance allowance.
- Live-in Relationships:
- The UCC Bill introduces stringent provisions for the registration of live-in relationships.
- Failure to register within a month may lead to imprisonment of up to three months.
- Providing false information during registration may result in imprisonment or a fine not exceeding ₹25,000, or both.
- Children’s Rights:
- Children born out of live-in relationships will be considered legitimate, and the Bill proposes equal property inheritance rights for sons and daughters, eliminating distinctions between legitimate or illegitimate children, biological or adopted children, and those born through surrogacy or assisted reproductive technologies.
- Post-Death Property Rights:
- After a person’s death, the UCC ensures equal property rights for the wife, children, and parents, a departure from previous laws where only the mother had rights in the deceased’s property.
Opposition’s Critique and Government’s Response
- Leader of Opposition questioned the urgency of passing the UCC Bill, suggesting that the government may be attempting to conceal certain aspects.
- Despite having a majority, the government is urged to allow the Opposition time for preparation and a thorough debate.
Conclusion
- Uttarakhand’s move towards a Uniform Civil Code, if successfully enacted, could set a precedent for other states in India.
- The Bill aims to bring uniformity while addressing contemporary issues related to marriage, divorce, and inheritance, but its exclusion of Scheduled Tribes and the Opposition’s skepticism raise questions about the broader consensus and effectiveness of the proposed legislation.
