#223: Uttarakhand UCC | Details
Notes for #UPSC
Uttarakhand Uniform Civil Code is 192 page doc
I read this draft so that you don't have to!
What are key changes for Hindus & Muslims?🧵
What changes for Muslims?
1. Marriage
a) Age
• 18 for women, 21 for men
• SC case pending w/ CJI on minor marriage in Islam
• In line with Hindu Marriage Act 1955 & Special Marriage Act 1954
b) Other norms
• Bigamy/Polygamy outlawed
• Iddat & Nikah Halala criminalized w/o explicit mention
2. Succession
Both with & without will norms to change drastically
a) Current norm
• With will:
up to 1/3 of property can be given to anyone of choice
• Without will
Decided as per Quran & Hadith
b) After UCC
• No restriction on how much property a person can will to give to whosoever
• Drawn from Indian Succession Act 1925
What changes for the Hindus?
1. Succession laws
a) Ancestral & Self-acquired property
• Distinction of the two is done away with!
• Presently, as per Mitakshara school, 4 generations are deemed to be joint owners of property by virtue of birth (aka coparcener)
father, children, grandchildren, great-grandchildren,
This implies, father can't sell/will ancestral property on his own accord if descendants are alive
If property is self-acquired, father is free to dispose it!
• Effectively, with no distinction yet, it is unclear if it favors the father or the 3 generation of children
(will update as we've more clarity)
b) Change of CLASS-I heirs
Till now, Class I heirs:
Mother, Widow, Children, & lineal descendants of deceased man
Class II considered ONLY in absence of Class I heirs
After UCC, Class I will include FATHER too
Interestingly, this concept is taken from Shariat
With this, siblings can now acquire property in case of one's death through father (as father is Class-I now!)
More details (first edit)
1. Bill does not apply to Tribal population of UK (2.9% of state population)
2. Live-in relationships
• 'Statement' in written to concerned Registrar
• If live-in is terminated, statement again in writing to registrar
• If either of partner <21 age, declaration to be sent by Registrar to the parent(s) or local guardian
• 'Summary Inquiry' by registrar to ascertain if either of partners is married to someone else, minor, consented to the live-in
• Registrar to decide 'permit' in 30 days; if no permit given, reason to be given in writing
• If man deserts his live-in partner, she can claim maintenance
• 'illegitimate children' concept eradicated with legal recognition to children born in void marriages & live-ins
• Desired punishments in case one does not abide by the law
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