On March 11, 2024, the Uniform Civil Code Uttarakhand, 2024 (UUCC), as passed by the Uttarakhand Legislative Assembly, was assented to by the President. The Uniform Civil Code Rules Uttarakhand, 2025 (Rules) have also come into effect as of January 27, 2025. With the enactment of the UUCC and passing of the Rules, Uttarakhand has become the first state to have passed a law in relation to the uniform civil code.
The preamble of the UUCC specifies that its objective is to regulate laws concerning marriage, divorce, succession, live-in relationships, and other related matters and shall apply to all persons irrespective of religion. However, the UUCC does not explicitly address issues of adoption, maintenance, and guardianship.
The UUCC has a broad scope of application. As per Section 1(3), the UUCC extends to the entire State of Uttarakhand and applies to residents of Uttarakhand even if they reside outside the State.
The term “resident” is defined under Section 3(1)(n) and is inclusive of: (i) permanent residents (individuals who have been permanent residents of Uttarakhand for the last 15 years); (ii) those who have lived in the State for at least 1 year, and (iii) even beneficiaries of any State or Central government schemes applicable in Uttarakhand.
Marriage: The UUCC provides that a marriage solemnized in the State or outside the State, wherein at least 1 party to the marriage is a resident of the State (Residency Qualification), has to be compulsorily registered. While non-registration of a marriage does not affect the validity of said marriage, the UUCC introduces penalties for failing to register a marriage. Furthermore, couples participating in marriages which meet the Residency Qualification, and which have been conducted in Uttarakhand on or after March 26, 2010, must register their marriages, even if solemnized before UUCC came into effect.
Divorce: Similarly, the UUCC also provides that a decree of divorce or nullity passed by any court in the State, or passed by any court outside the State, wherein at least 1 party to the decree is a resident of the State, must also be compulsorily registered. The UUCC even prescribes a fine for failing to register a divorce or a marriage within a stipulated timeframe.
Additionally, the UUCC under Section 15 provides that the registers of marriage and divorce shall at all reasonable times be open for inspection by any person.
Live-in relationships: Section 378 of the UUCC requires for partners who are in a live-in relationship within the jurisdiction of the State of Uttarakhand to submit a statement of live-in relationship. A failure to submit a statement of live-in relationship can lead to a punishment – leading to imprisonment or fines or both. UUCC and the Rules also provide for maintenance rights to women in live-in relationships and even recognise children born out of such live-in relationships as legitimate.
The UUCC sets out a new manner of succession for any person dying intestate as against the successors set out in Hindu law (codified under Hindu Succession Act, 1956 (HSA)), Muslim personal laws and laws applicable to Christians (codified under the Indian Succession Act, 1925). Such a change will have multiple ramifications. For example, for Hindus, this change involves the father also being elevated to a Class – I heir from a Class – II heir (under the HSA) and for Muslims, who typically utilise the concept sharers and residuaries – such concept has been abolished and a concept wherein heirs are structured into classes is being utilised (which is the same for other religions).
In furtherance to the above, Section 390 of the UUCC provides that any law, practice, custom or usage being in force shall cease to have effect in Uttarakhand – which is inconsistent with any of the provisions contained in the UUCC.
Hindu law and the HSA (in furtherance to principles of Hindu law) create a differentiation between self-acquired property and coparcenary property. Coparcenary property is such property on which the coparceners acquire a right, during birth.
However, this differentiation has not been provided in the UUCC. Instead, UUCC defines the ‘estate’ of the individual to include property of any kind, whether movable or immovable, self-acquired or ancestral / coparcenary / joint, tangible or intangible, which would include a share, right or interest in such property. In this regard, Section 49 of the UUCC provides that the estate (including self-acquired and coparcenary property) be transmitted upon the Class 1 heirs or Class 2 heirs (in the absence of Class 1 heirs) and thereby signifies that there is no differentiation being drawn herein in accordance with principles of Hindu law. Similarly, Section 61 of the UUCC allows the person to dispose-off their estate by way of a will.
Testamentary succession succession by way of will) as per Muslim personal laws prescribes that a Muslim person can only bequeath one-third of their property by way of a will. Muslim person laws further prescribe that the balance property forming part of the estate (two-third share) would then have to be succeeded to, by the heirs of the testator / testatrix in accordance with the rules set out therein. The rule has been developed over time to ensure that heirs (especially those vulnerable) are not merely dispossessed of their interest in their ancestor’s estate.
However, Section 61 of the UUCC clearly specifies that every person of sound mind, being major in age, is capable of disposing his / her estate by way of a will as per own discretion.
Incidentally, the Rules also state that all wills are required to be registered in accordance with the provisions of the Registration Act 1908, a significant departure from the legal framework under the Registration Act 1908 wherein such registration is not mandatory.
The UUCC adds another administrative action in relation to dealing with the estate of the deceased – making it mandatory to seek letters of administration (LOA) / probate from the courts, for each and every instance.
On the other hand, the Indian Succession Act, 1925 currently specifies that only wills and codicils made by any Hindu, Buddhist, Sikh or Jain, within the territories which were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay and all such wills and codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits, would require the executor or legatee to obtain probate / LOA from the court of competent jurisdiction.
The legislators’ move to bring in UUCC reflects the vision of Article 44 of the Constitution of India to have common personal laws for all citizens, regardless of religion. In line with the vision of the State of Uttarakhand, other States have also taken steps toward implementing a uniform civil code. For example, Gujarat has set-up a five member committee headed by former Supreme Court Justice Ranjana Desai to consider whether a uniform civil code is required and to prepare the draft law. In Maharashtra, the Deputy Chief Minister has expressed an intent to implement a uniform civil code and even in Assam, the Chief Minister has stated that a bill shall be introduced to implement the uniform civil code.
With growing interest across States, the approach taken with the UUCC could serve as a framework for similar legislations nationwide. However, there are multiple concerns about the UUCC, particularly with respect to provisions overlapping with existing union laws and possible encroachment of fundamental rights, which have been strongly upheld in recent times. How the UUCC will be implemented, and its practical impact remains to be seen, making it a development worth keeping an eye on.
About the authors: Sachin Bhandawat is Partner and Vatsal Singh is Senior Associate at Khaitan & Co.
The views expressed are personal.
Disclaimer: The opinions expressed in this article are those of the authors. The opinions presented do not necessarily reflect the views of Bar & Bench.
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