UCC in Uttarakhand: The Uttarakhand government today (January 27) implemented the Uniform Civil Code (UCC), making it the first state in India to do so after independence. This historic move aims to establish a unified legal framework for all citizens, promoting equality and ensuring the same set of laws applies to all, regardless of caste, religion, or community. The UCC came into force as Chief Minister Pushkar Singh Dhami unveiled its notification, released the rules for its implementation and launched a portal created for the mandatory online registration of marriages, divorce and live-in relationships.
With the implementation of the UCC in Uttarakhand, several rules have been revised, and numerous practices like Halala and Iddat have been completely abolished. Let's understand what Halala and Iddat practices which have now been banned in Uttarakhand.
What is Halala?
Halala is a practice in Islam, where, if a woman is divorced (talaq) by her husband and wishes to remarry him, she must first marry another man, consummate the marriage, and then divorce him before being allowed to marry her former husband again. This practice has been widely criticised for its perceived exploitation of women and is not universally practiced or endorsed within the Muslim community.
What is Iddat practice?
The Iddat system in Islamic law refers to a waiting period that a woman must observe after the death of her husband or after a divorce before she can marry again. The duration of Iddat varies depending on the circumstances:
- Widowhood: If a woman becomes a widow, the Iddat period lasts for four months and ten days, unless she is pregnant, in which case the period extends until the birth of the child.
- Divorce: In the case of divorce, the Iddat period lasts for three menstrual cycles or three lunar months, depending on whether the woman is menstruating or not. If she is pregnant, the Iddat lasts until she gives birth.
During the Iddat period, women are expected to observe certain practices, which include refraining from remarrying and keeping a form of modesty, such as wearing a veil in the presence of men who are not close family.
What else changed with the implementation of UCC in Uttarakhand?
- It will now be mandatory for all marriages to be registered, ensuring legal recognition and protection for all couples.
- The law governing divorce will be uniform across all religions, castes, and sects, removing disparities that existed in the past.
- The minimum age for marriage will be standardised across all communities, with the legal age set at 18 years for girls.
- While all religions will have the right to adopt children, adoption across different religions will not be allowed, maintaining uniformity within religious communities.
- The practices of Halala and Iddat, which were previously observed in some communities, will no longer be permitted under the new law.
- It will be illegal for either spouse to marry again if both are alive, enforcing monogamy and promoting equality.
- Both boys and girls will have equal rights to inherit property, ensuring gender equality in inheritance matters.
- Live-in relationships will also be subject to registration, providing legal recognition and rights to those involved.
- If the individuals involved in a live-in relationship are below the legal age (18 for girls and 21 for boys), parental consent will be required.
- Children born from live-in relationships will have the same legal rights as those born to married couples, ensuring they are not discriminated against.
- Scheduled Tribes have been excluded from the UCC provisions, and specific laws governing them will remain intact.
UCC rules
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