Uttarakhand implements uniform Civil Code: Key changes in marriage, divorce, and live-in relationships

Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), effective from January 27, 2025. This landmark legislation standardizes personal civil laws across all communities, irrespective of caste, religion, or gender, bringing significant changes to marriage, divorce, adoption, and live-in relationships.

What is the UCC?

The UCC introduces a unified legal framework for personal civil matters such as marriage, divorce, inheritance, and adoption, ensuring equal rights and responsibilities for all citizens. While India already has a uniform criminal code, civil laws have traditionally varied across religious communities.

In Uttarakhand, the UCC bans practices like polygamy, halala, talaq, and iddat, aiming to eliminate discrimination and foster equality. However, Scheduled Tribes and certain protected communities are excluded from its purview.

The Act comprises 392 sections and is based on a comprehensive 750-page draft prepared by a five-member expert committee led by Retired Justice Ranjana Prakash Desai. The draft was submitted in February 2024 and passed by the state assembly shortly after.

Impact on Personal Laws

Marriage and Divorce

The legal marriageable age is now 21 for men and 18 for women.

Mandatory registration of marriages within 60 days.

Uniform divorce laws will apply across communities, ensuring fairness for all.

Adoption

Communities previously restricted from adopting children will now have the option.

Muslim Personal Law

Practices such as mutah (temporary marriage) and misyar will no longer be valid.

The minimum marriage age under Shariat law will align with the UCC requirements.

Christian and Sikh Laws

Christian marriages, traditionally seen as indissoluble, will now follow uniform divorce laws.

Sikh marriages under the Anand Marriage Act (1909) will also be subject to UCC divorce provisions.

Live-In Relationships

The UCC introduces strict regulations for live-in couples:

Couples must register their relationship with the concerned registrar, whether living in or outside Uttarakhand.

Failure to register or providing false information can lead to penalties, including six months of imprisonment and a fine of ₹25,000.

Children born out of live-in relationships will be considered legitimate and have equal rights.

Maintenance provisions will protect women in case of desertion by their partners.

Ending a live-in relationship will require both parties to notify each other and the registrar to formalize the termination.

A Step Towards Equality

The implementation of the UCC is a significant step toward creating a cohesive legal framework that promotes equality and fairness. Chief Minister Pushkar Singh Dhami hailed the move as part of Prime Minister Narendra Modi’s vision for a harmonious and self-reliant India.

Historical Context

The push for a Uniform Civil Code has been a long-standing discussion in India. The Supreme Court, in cases like the Shah Bano Case and Sarla Mudgal vs. Union of India, emphasized the need for a UCC to eliminate disparities in personal laws.

Uttarakhand’s move to adopt the UCC marks a historic moment, setting a precedent for other states to follow in achieving legal uniformity across diverse communities.