Uttarakhand UCC Bill a welcome step towards gender justice

KP Singh

Former DGP, Haryana

UTTARAKHAND has become the first state to pass the Uniform Civil Code (UCC) Bill. Article 44 of the Constitution mandates that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. The Directive Principle remained in limbo for decades due to various socio-political reasons, even though the Supreme Court reminded the government on several occasions to give effect to the constitutional provision.

The Uttarakhand UCC aims to regulate the laws relating to marriage and divorce, succession, live-in relationships and related matters. It is a comprehensive legislation consisting of 392 clauses in four parts and seven Schedules. Clause 390 provides that all laws, practices, customs or usages in force in Uttarakhand, relating to matters covered under the code, shall cease to have effect within the state in so far as they are inconsistent with any of the provisions contained therein.

It remains to be seen how Clause 390 would be implemented as subject matters of marriage and divorce, infants and minors, wills, intestacy and succession are listed in ‘List III — Concurrent List’ in the Seventh Schedule of the Constitution, on which both the Centre and states can make law. The Central Government has already legislated on these subjects. In such a situation, the Uttarakhand UCC would require presidential assent as the state law on a Concurrent List matter cannot override the provisions of a Central legislation.

The code applies to all residents of Uttarakhand who reside in or outside the state boundaries; it shall also apply to all citizens of India who have been residing in Uttarakhand for not less than one year or are beneficiaries of any scheme of the state or Central government applicable in the state.

It is clarified in Clause 2 that the code shall not apply to members of the Scheduled Tribes, as defined in Articles 366(25) and 342 of the Constitution, and persons or group of persons whose customary rights are protected under Part XXI of the Constitution, although it is specifically provided that customs and usages which are unreasonable and against public policy and morality are not to be protected.

Accordingly, practices that discriminate against women, such as triple talaq, nikah halala, child marriage, polygamy, polyandry, desertion of wife and non-maintenance of live-in partner, and discriminatory inheritance-related provisions that are against universal civil rights and constitutional values, irrespective of religion, have been done away with by the Uttarakhand UCC. But there is a provision that the ceremonies of marriage may be performed in accordance with religious beliefs, customary rights and practices of the respective communities. The code has been given overriding effect over all religious practices, customs and personal laws.

After the enactment of the UCC, registration of all marriages where one party is a resident of Uttarakhand shall be mandatory and its violation shall attract penal consequences with a fine up to Rs 25,000. Even in case of marriages already registered under the marriage registration law of 2010, a declaration to that effect is to be given to the registrar. Similarly, a decree of divorce or nullity passed after the code comes into force is to be registered. It is, however, clarified that non-registration would not invalidate a marriage.

The code contains provisions and procedures relating to the restoration of conjugal rights, judicial separation, void and voidable marriages, divorce and divorce by mutual consent. Nikah halala is prohibited and made punishable with imprisonment up to three years and a fine of Rs 1 lakh. However, the penal consequences have been diluted by making it a compoundable offence.

Muslim divorcee women would now be entitled to maintenance in addition to mahr. A time-bound procedure to dispose of cases of child custody in matrimonial disputes has been laid down. There is also a detailed procedure about succession to protect and accord coparcenary property rights to women on a par with men.

Part 3 of the code contains provisions relating to live-in relationships. Registration of such relations is mandatory and providing false information is punishable with up to six months’ imprisonment or a fine up to Rs 25,000 or both; in case couples fail to get themselves registered within a month, they face up to three months’ imprisonment or a fine up to Rs 10,000 or both. Similarly, termination of a live-in relationship is to be registered; the maintenance rights of women deserted by a live-in partner are protected.

The eligibility criterion for entering into a live-in relationship is almost the same as that for solemnising/contracting a valid marriage, except the age — men and women aged below 21 can live together as live-in partners, provided the registrar informs their parents. A live-in partner may opt out by submitting a statement of termination of relationship to the registrar. The registrar is duty-bound to inform the police about the registration and termination of all live-in relationships and a register is to be maintained for this purpose. Registration of live-in relationships is aimed at safeguarding the interests of the female in case of excesses committed by her male partner, but what is missing is the provision for establishing an arbitral authority to redress relationship-related disputes.

The Uttarakhand UCC is a welcome step towards women’s empowerment and gender justice. It is a declaration that Indian polity has matured to shun discriminatory social and religious practices and to guarantee gender parity in all matters. It is intriguing, though, that the code is silent on adoption and protecting the rights of the LGBTQ community.

The code is also a reminder that any religious or social practice which comes in conflict with universal human values and a just social order cannot be sustained in the name of freedom of religion.

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