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Uttarakhand will enforce a Uniform Civil Code today, laying a framework for uniform marriage, divorce, property, inheritance and adoption laws for all citizens. It will become the second state after Goa to have a uniform legal framework for citizens.
The Code comes into effect almost a year after the Bill was passed in the Uttarakhand assembly, which was among the BJP's key election promises in the 2022 state polls. Among the clauses is the mandatory registration of live-in relationships and parental consent for live-in relationships involving individuals under the age of 21 years. The rule will apply to "any resident of Uttarakhand... in a live-in relationship outside the state".
Failure to declare live-in relationships, or providing false information, could land a person in jail for three months or attract a fine of Rs 25,000, or both. Even a month's delay in registration could trigger a jail term of up to three months, a fine of Rs 10,000, or both.
Marriages will need to be registered and the minimum age of marriage across religions will be 21 years for men and 18 years for women. This aims to ensure that they can complete their education before they get married. Some other key elements are a ban on polygamy, child marriage, triple talaq and a uniform process for divorce. The Code will not apply to Scheduled Tribes.
The new law aims to ensure equality among communities in terms of inheritance rights. The UCC also recognises children born out of live-in relationships as a "legitimate child of the couple" and ensures that they get equal rights in inheritance. Both sons and daughters will be referred to as "child", omitting any gender differences.
The Uniform Civil Code bans practices that some sections of Muslims follow when a woman loses her husband or gets divorced, including nikah halala and iddat.
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