Uttarakhand has made a historic decision, implementing the Uniform Civil Code (UCC) in the state.
Chief Minister Pushkar Singh Dhami launched the UCC portal and rules on Monday, 27th January, making a milestone decision for the state’s solidarity and equality.
Article 44 of the Indian constitution briefs about UCC, aiming to simplify and standardise personal laws related to marriage, divorce, succession, and inheritance. This was a long debate coming on the UCC, but on 27th January, the Uttarakhand government issued an official order with a statement: “In exercise of the powers conferred by sub-section (2) of section 1 of The Uniform Civil Code, Uttarakhand, 2024 (Act no. 3 of 2024), the Governor hereby appoints the date 27 January 2025 as the date on which the said Code shall come into force.”
The Uttarakhand Uniform Civil Code Act, 2024, is aimed at establishing a streamlined framework for the creation and cancellation of wills and supplementary documents, known as codicils, under testamentary succession.
The state government said this act will apply to the entire area of the state of Uttarakhand and is also effective on the residents of the state living outside, except for Scheduled Tribes and protected authority-empowered persons and communities.
Uttarakhand has become the first state in India to implement a Uniform Civil Code (UCC), aiming to standardise personal laws related to marriage, divorce, succession, and inheritance. According to this, marriage can be solemnised only by those parties who have no living spouse, both are mentally capable of giving legal permission, the man should have completed at least 21 years of age, and the woman should be 18 years of age. They should not be in the ambit of prohibited relationships.
India is known for its diverse surroundings, with different religions, languages, and customs. Marriage rituals can be performed in any form under religious customs or legal provisions, but it’s mandatory to register marriages taking place after the implementation of the act within 60 days. It is solemnised before March 26, 2010, or outside the state of Uttarakhand, where both parties have been living together since then and fulfil all the legal eligibility criteria, and can get registered within six months of the coming into force of the Act, said an official.
For this process, individuals would have to fill out an application. The sub-registrar will receive an application and has to make an appropriate decision within 15 days. If there is no decision made related to marriage registration within the prescribed period of 15 days, then that application is automatically forwarded to the registrar. In case of acknowledgement, the application will be considered automatically accepted after the same period. Along with this, a transparent appeal process is also available if the registration application is rejected. There is a provision of penalty for giving false information for registration under the Act, and it has also been clarified that the marriage will not be considered invalid merely due to non-registration. Registration can be done both online and offline.
After this historic decision, the government has been active and will appoint a registrar general to implement these provisions. The registrar will ensure the maintenance and monitoring of the relevant records. This act also lays down who can marry and how marriages are to be solemnised and also provides clear provisions on how both new and old marriages can be legally organised.
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