Uttarakhand UCC regulating live-in relationships has a positive side too

With regard to divorce, the UCC brings in provisions that penalise extrajudicial divorce modes—including talaq-us-sunnat, talaq-i-biddat, khula, maba’arat, and zihar.

Before going into the preamble and the 392 sections of Uttarakhand’s Uniform Civil Code law, it is important to note that the pronouncement  of the  Supreme Court and the Law Commission of India have been at variance on this subject.

While the SC took a positive stance on the UCC in cases like Shah Bano (1985), Sarla Mudgal (1995), John Vallamattom (2003), and Jose Paulo Coutinho (2019), the 21st Law Commission, led by Justice Balbir Singh Chauhan, stated in 2018 that a uniform civil code wasn’t necessary or desirable at this stage, emphasising the coexistence of secularism with the country’s plurality. 

It instead recommended amending the discriminatory practices within existing personal laws.

The next Law Commission, under Justice Rituraj Awasthi, sought suggestions from various stakeholders, including the public and religious organisations, on the matter of the UCC. Over one crore representations were received, but the final recommendation is still awaited. It shows that this is indeed an issue where individuals, institutions, and organisations have very clear and pronounced views, which are, more often than not, at complete variance from each other. 

Marriage and divorce

Let us now examine the Uttarakhand Uniform Civil Code Act which has four parts, each dealing with laws relating to marriage and divorce (Part 1), succession (Part 2), live-in relationships (Part 3), and miscellaneous (Part 4). Some of the salient features include prohibition of practices like polygamy, Halala, Iddat, Triple Talaq, and child marriage across all religious communities. There is a uniform age of marriage for both men and women at 21 and 18 years, respectively. The solemnisation of marriages can be done as per the ceremonies or rituals applicable to the parties involved, thereby ensuring that individuals can uphold their traditions while adhering to the principles of the UCC. Marriages can be conducted between a man and a woman according to their religious customs, rites, and ceremonies, such as ‘saptapadi’, ‘ashirvad’, ‘nikah’, ‘holy union’ and ‘anand karaj’, as specified in laws like The Anand Marriage Act of 1909, Special Marriage Act of 1954, and the Arya Marriage Validation Act of 1937, among others.

With regard to divorce, the UCC brings in provisions that penalise extrajudicial divorce modes—including talaq-us-sunnat, talaq-i-biddat, khula, maba’arat, and zihar. Practices that are not prescribed under the UCC, including customary divorce deeds or panchayat divorces, are penalised and punishable with imprisonment. Also, any custom imposing conditions on remarriage between divorced spouses stands criminalised. As a concession to the Muslim cultural practices, mehr and dower are acknowledged as payable in addition to any maintenance under the UCC.