In our previous article we have seen what Uniform Civil Code (UCC) is and in this article we will try to focus on the key provisions of the draft bill proposed by the Uttarakhand Assembly for UCC.
1. Applicability: It applies to all residents of Uttarakhand except the tribal community of the State.
2. Inheritance: The Bill ensures equal property rights for sons and daughters, including illegitimate children, adopted children, and those born through surrogacy or assisted reproductive technology. It abolishes the coparcenary system governing ancestral property under the Hindu Succession Act of 1956. In cases of intestate succession, the Bill guarantees equal property rights for the spouse, children, and parents, departing from existing personal laws.
3. Marriage: The bill mandates the compulsory registration of marriages within 60 days of solemnization. This provision applies to all residents of Uttarakhand, whether marrying within or outside the state. No marriage can be dissolved without a court order otherwise it would attract imprisonment for up to 3 years.
4. Live-in Relationships: Any live-in relationship within the state's jurisdiction will have to be registered compulsorily, regardless of whether the concerned man and woman are residents of Uttarakhand or not. Women deserted by their live-in partners can claim maintenance through the competent court.
5. Legal Recognition of Children: This Bill has abolished the concept of "illegitimate children". The new law extends legal recognition to children born out of voidable marriages as well as live-in relationships.
6. Queer Relationship: The Bill leaves out the members of the LGBTQIA+ community from its ambit and applies only to heterosexual relationships.
7. Prohibition of bigamy or polygamy: Section 4 of the bill states that none of the parties to a new marriage should have another spouse alive at the time of the marriage.