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UTTARAKHAND'S PIONEERING UCC VISION

January 28, 2025

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The Daily Guardian

The Uniform Civil Code UCC) in India has been a topic of debate for decades. As enshrined in Article 44 of the Constitution, the Directive Principles of State Policy aspire to replace personal laws based on scriptures and customs with acommon set governing all citizens. With Uttarakhand becoming a pioneer in drafting and implementing UCC Rules in 2025, this landmark legislation is anticipated to set a precedent for other states in the Indian federal structure.

UTTARAKHAND'S PIONEERING UCC VISION

T he UCC Rules of Uttarakhand aim to unify regulations related to marriage, divorce, inheritance, succession, and live-in relationships, creating a cohesive framework applicable to all residents.

irrespective of religion or community. This document evaluates its provisions, implications, and the challenges it presents by placing it in comparative contexts.

KEY PROVISIONS All marriages must be registered within six months of solemnization. Failure to do so may result in legal penalties. The UCC establishes consistent grounds for divorce applicable to all citizens, irrespective of religious affiliation.

1. MARRIAGE AND DIVORCE

• Key regulations: The UCC introduces standardized procedures for solemnizing marriages across communities. Provisions are also included for divorce, nullity of marriage, and related matters. Terms like "Mangal Pheras," "Nikah," and "Anand Karaj" are recognized to account for diverse matrimonial customs, ensuring inclusivity while requiring compulsory registration.

Implications: By mandating marriage registration, the rules aim to curb fraudulent practices and empower women in matrimonial disputes. Registration grants legal sanctity and is pivotal in enforcing rights related to spousal maintenance and inheritance.

• Examples: In India, the Supreme Court's directive in the "Seema v. Ashwani Kumar" case (2006) emphasized mandatory marriage registration, laying the groundwork for such provisions. Similar frameworks exist in European countries like France, where civil marriage registration is compulsory before any religious ceremony.

2. INHERITANCE AND SUCCESSION

The code ensures equal inheritance rights for all individuals, eliminating gender and religious biases prevalent in previous personal laws. Clear guidelines are provided for the creation and cancellation of wills and codicils, promoting legal clarity.

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