On March 11, 2024, the Uniform Civil Code Uttarakhand, 2024 (UUCC), passed by the Uttarakhand Legislative Assembly, received the President’s assent. The Uniform Civil Code Rules Uttarakhand, 2025 (Rules), came into effect on January 27, 2025, making Uttarakhand the first state in India to implement a law governing a uniform civil code.
The UUCC aims to regulate laws related to marriage, divorce, succession, live-in relationships, and other related matters, applying to all residents of Uttarakhand irrespective of religion. However, it does not explicitly address issues such as adoption, maintenance, and guardianship.
Scope of Application
The UUCC has a broad scope, extending to the entire state of Uttarakhand and applying to residents of the state even if they reside outside its boundaries. As per Section 1(3), the term “resident” is defined under Section 3(1)(n) to include:
- Permanent residents (those who have been residents of Uttarakhand for the last 15 years);
- Individuals who have lived in the state for at least one year; and
- Beneficiaries of any state or central government schemes applicable in Uttarakhand.
Compulsory Registration
Marriage: The UUCC mandates compulsory registration of marriages solemnized within or outside the state, provided at least one party is a resident of Uttarakhand. While non-registration does not invalidate a marriage, penalties are introduced for failing to register. Marriages conducted in Uttarakhand on or after March 26, 2010, must also be registered, even if solemnized before the UUCC came into effect.
Divorce: Similarly, decrees of divorce or nullity passed by courts within or outside the state, where at least one party is a resident of Uttarakhand, must be registered. Failure to register within the stipulated timeframe attracts fines.
Live-in Relationships: Section 378 of the UUCC requires partners in live-in relationships within Uttarakhand to submit a statement of their relationship. Failure to do so can result in imprisonment, fines, or both. The UUCC also grants maintenance rights to women in live-in relationships and recognizes children born from such relationships as legitimate.
New Rules for Intestate Succession
The UUCC introduces a new framework for intestate succession, replacing the succession laws under the Hindu Succession Act, 1956 (HSA), Muslim personal laws, and the Indian Succession Act, 1925. For instance, under the UUCC, the father is elevated to a Class I heir for Hindus, and the concept of sharers and residuaries under Muslim law is abolished in favor of a class-based heir structure.
Section 390 of the UUCC states that any existing law, practice, custom, or usage inconsistent with its provisions will cease to apply in Uttarakhand.
Coparcenary Property
The UUCC eliminates the distinction between self-acquired and coparcenary property under Hindu law. Instead, it defines the “estate” of an individual to include all types of property—movable or immovable, self-acquired or ancestral, tangible or intangible. Section 49 mandates that the estate be transmitted to Class I or Class II heirs, with no differentiation based on Hindu law principles. Section 61 allows individuals to dispose of their estate by will.
Forced Heirship Rules
The UUCC overrides the Muslim personal law rule that limits testamentary bequests to one-third of the estate. Section 61 allows any person of sound mind and major age to dispose of their estate by will as they see fit. Additionally, the Rules require all wills to be registered under the Registration Act, 1908, a departure from the current legal framework where registration is optional.
Compulsory Letters of Administration/Probate
The UUCC mandates obtaining letters of administration (LOA) or probate for every instance of dealing with a deceased person’s estate. This contrasts with the Indian Succession Act, 1925, which currently requires probate or LOA only for wills made by Hindus, Buddhists, Sikhs, or Jains in specific regions or for immovable property within those regions.
Conclusion
The UUCC reflects the vision of Article 44 of the Indian Constitution, which advocates for a uniform civil code for all citizens, irrespective of religion. Other states, such as Gujarat, Maharashtra, and Assam, have also taken steps toward implementing similar laws. The UUCC could serve as a framework for nationwide legislation, though concerns remain about its overlap with existing union laws and potential encroachment on fundamental rights. The practical implementation and impact of the UUCC will be closely watched in the coming years.