Uttarakhand becomes the first state to implement Uniform Civil Code

Introduction

The term “Uniform Civil Code” as per Article 44 of the Constitution of India refers to a proposed set of rules governing personal laws of the citizens of the country irrespective of their caste, religion, scriptures, culture, customs or any other parameters.

On 27th January, 2025 the Government of Uttarakhand has published its Uniform Civil Code (UCC) Rules Uttarakhand 2025 in order to create a singular legal framework to govern the laws pertaining to marriage, divorce, inheritance, adoption and succession.

Application of Rules

The Government of Uttarakhand has notified that the rules pertaining to Uniform Civil Code shall apply to the entire state of Uttarakhand and individual residents of Uttarakhand residing outside its territory. In matters pertaining to marriage, divorce, matrimonial disputes and allied matters and live – in relationships, the code is also applicable to partners of the residents who are foreign nationals. However as an exception, the code is not applicable to the members of Scheduled Tribes.

The Registrar General has been provided with the duties of registration of Live – In relationships wherein a statement of Live – In relationships shall be automatically forwarded to him for conducting a summary enquiry within 15 days and in case a memorandum has been submitted under an accelerated service (tatkal), it would be complete within 15 days. Similarly, for various other registrations, the deadlines ranging from 15 days to 45 days have been setup.

Registration of Marriage

The State Government has mandated the registration of marriages under the rules framed by the UCC Committee in case the same has not been registered previously. For marriages that have already been registered, a process of duly verifying them shall be undertaken and a certificate of acknowledgment shall be issued. In case of Polygamous marriages, if the practice of polygamy was permitted and the marriage had been solemnised before the commencement of the Code and all the polygamous marriages were unregistered, the registrants would be bound to submit all the details pertaining to spouses and the marriages which shall include the details of the customary ceremonies performed along with evidence in support of them.

In event that one or more marriages were unregistered with one or more being registered, the details pertaining to the spouses and the marriage including the ceremonies performed for registration shall have to be submitted by the registrants.

Succession of Property

The Uniform Civil Code has also stated that the estate of an intestate shall be devolved in accordance with the provisions of UCC.

In order to create a declaration of a legal heir, any individual not being a minor and being of a sound mind is permitted to make a declaration pertaining to his/her legal heir. However there are numerous details that are needed to be declared such as details of the declarant, legal jurisdiction/sub – jurisdiction, types of witnesses involved, supporting documents including photographs and proofs of relationship.

A process of online registration has also been provided wherein a testator or any individual authorised to register a will or codicil can register them with the help of the online portal. Secondly, a statement of revocation of previously registered will/codicil or any statement for revival of a previously invoked Will/Codicil or any declaration of previously registered will/codicil will be registered only by the testator through the online process of registration.

Any individual who is entitled to register a testamentary statement or a document may also apply for registration in any one of the following manners like filling out the detailed form available on the Web Portal/Mobile Application of the code, or by uploading a signed copy of the handwritten or typed testamentary statement or document. Moreover, an option of videography has also been provided wherein the individuals have been permitted to record and upload a self – video not being more than three minutes in duration and stating the contents of the testamentary statement/document on the portal or application of the Code.

Live – In – Relationship

The Code has classified that individuals already in a live – in relationship at time of commencement of UCC or those who intend to enter into a live – in relationship on or after the date of commencement of UCC shall have to mandatorily register for their live – in relationships.

Registration of partners who already continue to have a live – in relationship and have a shared household shall get a certificate issued by the Registrar subject to the outcome of an enquiry conducted summarily. In order to terminate the live – in relationship, provisions have been provided both online and offline. The partners would also have to submit their statements of termination of a live – in relationship along with the prescribed fees and if at the time of submission of the above statement, the woman – live in partner is pregnant, it would be necessary to inform the registrar in this regard.

In cases wherein the child has been born after the termination of the live – in relationship, the information would be required to be updated within a period of 30 days from the date of issuance of a birth certificate to the offspring.

Conclusion

The Uttarakhand’s Civil Code is a significant step forward in the current discussion of a national Uniform Civil Code. Being the first Indian state to actually bring forward a model Uniform Civil Code and setting a precedent for the other states, the UCC aims to promote social reforms, gender equality and justice and bring parity in the society by setting a uniform standard for people from diverse backgrounds.

However, the practical implementation of various provisions of UCC would also depend upon its acceptance in the members of the society which may require further deliberation, discussions and reforms. The model UCC provisions by the Uttarakhand Government can be accessed https://ucc.uk.gov.in.

King Stubb & Kasiva,
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