Draft:Uniform Civil Code (Uttarakhand)
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The Uniform Civil Code -Uttarakhand is a proposed law in Uttarakhand to formulate and implement a state level civil code governing personal matters such as marriage, divorce, inheritance, adoption, and maintenance that are currently governed by various personal laws based on different religions and communities.[1][2]
Background
The Implementation of Uniform Civil Code in Uttarakhand was one of the key promises of the Bharatiya Janata Party in 2022 Uttarakhand Legislative Assembly Elections.[3]
In 2022, the Government of Uttarakhand constituted a five-member expert committee, headed by former Supreme Court judge Ranjana Prakash Desai, to study and draft a UCC law for the state.[4]
The Committee therefore asked for Public suggestion in which it received 60,810 suggesstions regarding the drafting and implementation. [citation needed]
On 02 February,2024 the committee submitted its report to the Chief Minister Pushkar Singh Dhami.[5][6][7][8]
On 04 February,2024 the Council of Ministers headed by the Chief Minister approved the Committee's Report.[9][10][11][12]
Provisions
Gender Equality
- Elimination of discriminatory practices in inheritance laws, ensuring equal rights for daughters and sons.
- Provisions for equal property rights for women in marriage and divorce settlements.
- Abolition of polygamy which is currently allowed under Muslim personal law.[13]
Marriage and Divorce
- Standardization of the minimum age of marriage for both men and women, potentially raising it to 21 years to address child marriage concerns.[14]
- Streamlining divorce procedures and ensuring equal rights for both spouses during dissolution of marriage.
- Possible introduction of a uniform waiting period for remarriage after divorce.
- Declaration of Live-in Relationship.[15]
Adoption and Maintenance
- Establishing a uniform framework for adoption procedures, regardless of religion.[16]
- Ensuring equal rights and responsibilities for both parents concerning child maintenance.[17]
Other Potential Provisions
- Regulation of religious customs and practices that might violate individual rights or public order.
- Streamlining procedures for interfaith marriages and inheritance in such cases.
- Inclusion of safeguards to protect the cultural and religious identities of minority communities.
References
- ^ Biswas, Shuvrajit. "Uniform Civil Code (UCC) in Uttarakhand: All you need to know". Deccan Herald.
- ^ Mishra, Ishita (February 2, 2024). "Final Uniform Civil Code draft for Uttarakhand recommends ban on triple talaq and halala; suggests tribals be kept out of ambit". The Hindu – via www.thehindu.com.
- ^ ≥https://www.news18.com/news/politics/uttarakhand-cm-dhami-promises-uniform-civil-code-if-re-elected-4764638.html
- ^ "Committee set up on UCC implementation in Uttarakhand". Hindustan Times. May 28, 2022.
- ^ "Uniform Civil Code committee submits draft report to Uttarakhand government". India Today. 2 February 2024.
- ^ "Uniform civil code (UCC) in Uttarakhand: Panel hands over final report to CM Pushkar Singh Dhami". The Times of India. February 2, 2024.
- ^ "EXCLUSIVE | Ban polygamy, exempt tribals, fix marriage age: Uttarakhand UCC draft". February 2, 2024.
- ^ "Uttarakhand Civil Code Panel To Submit Its Report On Feb 2: Pushkar Dhami". NDTV.com.
- ^ "Uttarakhand cabinet approves UCC draft report". Hindustan Times. February 4, 2024.
- ^ "Uttarakhand cabinet approves UCC report, bill likely to be tabled in Assembly on February 6". The Times of India. February 4, 2024.
- ^ "Uttarakhand cabinet approves tabling of Uniform Civil Code Bill in Assembly". Hindustan Times. February 4, 2024.
- ^ "Uttarakhand Cabinet clears Uniform Civil Code bill, to be tabled in Assembly on Tuesday". India Today. 4 February 2024.
- ^ "Polygamy ban, live-in relationship declaration in draft Uttarakhand UCC: Sources". India Today. 2 February 2024.
- ^ "Uniform Civil Code: Declaration For Live-In Relationships, No Iddat, Halala, Ban On Polygamy; What Uttarakhand UCC Proposes". English Jagran. February 4, 2024.
- ^ "Ban on polygamy, child marriage among recommendations of Uttarakhand UCC draft". Deccan Herald.
- ^ "Ban on halal, fixed marriage age? Uttarakhand UCC draft in 10 point". mint. February 3, 2024.
- ^ "Final draft of Uttarakhand UCC calls for polygamy ban, exempts STs". The Times of India. February 3, 2024.