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Vibes Of India
Vibes Of India

Now, “Model State” Moves to Implement UCC

| Updated: February 4, 2025 12:04

Gujarat is preparing to implement a Uniform Civil Code (UCC) in the state, with an official announcement on the formation of a drafting committee expected on Tuesday. Sources indicate that a three-to-five-member committee is likely to be named.

Chief Minister Bhupendra Patel and Minister of State for Home Harsh Sanghavi are set to make the announcement at a press conference scheduled for 12:15 pm today. 

The UCC, a longstanding commitment of the Bharatiya Janata Party (BJP), aims to establish a uniform set of laws governing marriage, divorce, inheritance, and adoption for all religious communities.

The state government has been considering the UCC for some time. In 2022, a committee was formed to assess the feasibility and necessity of such a code. However, its role was limited to evaluating the need rather than drafting legislation.

Last month, Uttarakhand became the first state in independent India to implement a UCC, which came into effect on January 27. 

The Uttarakhand UCC mandates the registration of all marriages and live-in relationships. Key provisions include equal property rights for sons and daughters, uniform grounds for divorce, and recognition of children born from live-in relationships.

The Pushkar Singh Dhami-led BJP government in Uttarakhand introduced an online portal to facilitate the registration of marriage, divorce, and inheritance. The UCC’s core objectives include simplifying legal procedures related to marriage and ensuring transparency.

The UCC defines eligibility criteria for marriage, stating that neither party should have a living spouse at the time of marriage. Both individuals must be mentally sound and capable of giving consent. The legal marriage age is set at 21 years for men and 18 years for women, with prohibitions on unions within certain degrees of relation.

Marriage registration is compulsory within 60 days. However, failure to register does not invalidate a marriage. Marriages conducted between March 26, 2010, and the UCC’s implementation must be registered within six months. Those solemnised before this date may also be registered, though it is not mandatory. Previously registered marriages do not require re-registration but must be acknowledged by the registrar.

The registration process can be completed both online and offline. Sub-registrars are required to process applications within 15 days, after which pending applications are automatically forwarded to the registrar. A transparent appeal process is in place for rejected applications, and penalties exist for providing false information.

The state government will appoint officials, including a registrar general, registrars, and sub-registrars, to oversee the registration process. 

Additionally, the UCC provides a structured framework for the creation and cancellation of wills and codicils, addressing testamentary succession in detail. Given Uttarakhand’s strong tradition of military service, the Act places particular emphasis on “Privileged Wills” for soldiers, Air Force personnel, and marines on active duty.

Under this provision, service members can create a will through handwritten notes, verbal declarations before witnesses, or dictated instructions. Such wills remain valid for one month after active service ends unless revoked or replaced by a new will. If a soldier dies before finalising a written will, documented instructions may still be recognised as a valid will if proven to reflect their intent.

A privileged will can be modified or revoked at any time by drafting a new will. This provision ensures that service members can record their property decisions even in challenging circumstances. 

The UCC also aims to make legal processes more citizen-friendly, with services expected to be available through an online portal soon.

Making a will is not mandatory, but the Act provides a secure and straightforward system for those who wish to formalise their property decisions. 

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