The Uniform Civil Code of Uttarakhand Act, 2024 has been at the centre of debate in the recent months due to political reasons apart from legal complications. Several discussions are being witnessed on political grounds, with much expected individual parties political branding strategies.
Through careful legal scrutiny, I identified numerous provisions within the Act that raise significant legal and constitutional concerns. The following provisions warrant particular attention.
Lack of Consultation with Affected Communities: There have been concerns about the lack of adequate consultation with various religious and social groups, various stakeholders expressing their concerns and opinions on its potential implications, before the law was enacted.
Minimum Age for Marriage: The law sets the minimum age for marriage at 21 for men and 20 for women, which could potentially impact interfaith marriages and those where the partners are of different ages.
Inheritance Rights: The law provides for equal inheritance rights for sons and daughters, which could impact traditional inheritance practices in some communities.
Mandatory Registration of Live-in Relationships: This provision requires couples in live-in relationships to register their relationship within three years, failing which it would be deemed illegal. This provision infringes on individual privacy and autonomy, and could lead to state surveillance and control over personal relationships.
Criminalization of Unregistered Live-in Relationships: The law criminalizes unregistered live-in relationships, raising concerns about the potential misuse of the law and the criminalization of consensual relationships.
Impact on Minority Communities: The law could disproportionately impact minority communities, particularly Muslims, who have distinct personal laws governing matters like marriage, divorce, and inheritance.
Potential Violation of Fundamental Rights: The law could infringe on fundamental rights like the right to privacy, freedom of religion, and cultural autonomy.
Divorce and Maintenance: The law introduces new provisions for divorce and maintenance, which could have implications for the rights of women and children. Here are some of the key concerns:
a) Divorce:
Irretrievable Breakdown of Marriage: The law does not recognize "irretrievable breakdown of marriage" as a ground for divorce. This could lead to prolonged and contentious divorce proceedings, as couples may be forced to prove specific grounds like cruelty, adultery, or desertion.
Limited Grounds for Divorce: The law provides a limited number of grounds for divorce, which may not adequately address the complexities of modern relationships and the diverse reasons for marital breakdown.
Potential for Abuse: The limited grounds for divorce and the lack of recognition of irretrievable breakdown could increase the potential for domestic abuse and coercion, as women may be hesitant to file for divorce due to the fear of social stigma and the difficulty of proving specific grounds.
b) Maintenance:
Adequacy of Maintenance: There are concerns that the maintenance provisions in the law may not be adequate to meet the needs of women and children, especially in cases where the husband has low income or is unemployed.
Enforcement Challenges: The enforcement of maintenance orders can be challenging, and the law may not provide sufficient mechanisms to ensure that husbands comply with their obligations.
Impact on Women's Economic Independence: The law may not adequately address the issue of women's economic independence after divorce, particularly in cases where women have been financially dependent on their husbands.
Even though the impact of these provisions on the rights of women and children is dependent on interpretation and implementation by the courts, there is still a need, in my opinion, for careful consideration of these issues to ensure that the UCC does not inadvertently harm the interests of women and children.
- Sanket Yenagi
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