Explained: How Uniform Civil Code will impact marriage, adoption, inheritance

 Uttarakhand adopted the  Uniform Civil Code (UCC) 2024 Bill on Wednesday, which proposes a common law on marriage, divorce, inheritance of property and live-in relationships for all citizens, irrespective of their religion. It has, however, exempted tribal communities from its purview.

The landmark legislation will unify personal laws across religions. Currently, Hindus, Muslims, Christians and other minority groups follow their own personal laws and customs, or an optional secular code for marriage, divorce, adoption and inheritance. 

“The Uniform Civil Code (UCC) is the proposal to have one law for the entire country, which will apply to all religious communities in matters such as marriage, divorce, inheritance, succession, custody and adoption. Currently, in India, each religion has varied stipulations - Hindus have their own laws on marriage, inheritance, etc, which differ from Muslims, Christians, and Parsis. However, the UCC aims to change that. The Bill once implemented, would streamline laws related to marriage, divorce, adoption, inheritance, succession, and guardianship. Existing laws like the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Muslim Personal Law Application Act (1937), will technically be dissolved," said Monika Taparia, Legal Head, AasaanWill. 

The move by Uttarakhand will ban polygamy, set a minimum marriageable age for both genders, guarantee equal rights to men and women on issues pertaining to divorce, share in ancestral property and offer rights to adopted children, those born out of wedlock or conceived through surrogate births.

The law also prohibits a person from marrying relatives including cousins, uncles, aunts, which is allowed in many communities. 

It grants equal inheritance rights to sons and daughters.

The bill also bill sets new rules for consensual sexual relationships outside marriage. Partners have to notify the “Registrar” within a month of entering into a live-in relationship—and when terminating. Terminations of live-in relationships should also be reported to the police.

The bill prescribes a six-month sentence for failing to do so. Moreover, any child of such a relationship will be recognised as a legitimate child of the couple. And the woman will be entitled to maintenance. 

The bill also makes halala, iddat and triple talaq – practices governing marriage and divorce under Muslim personal law – punishable offences. If a case like halala comes to light, there is a provision of three years imprisonment or a fine of Rs 1 lakh or both.

In case of divorce or domestic dispute, the custody of a child up to 5 years of age will remain with the mother.

"The UCC bill brings in a lot of changes to laws of marriage and succession for the residents of Uttarakhand. As Hindus and other religious groups would not be governed by their codified laws or personal law but rather by UCC Bill. The Hindu Succession Act did not have provisions for wills etc. But now the same have been brought in by way of UCC Bill. There was no provisions relating to giving recognition to live-in relationships earlier in any of the laws. However, as per the bill, child born out of a live in relationship would be considered a legitimate child and as such will have equal claim over his/her parents' property. Further provision for maintenance to a woman deserted by her live in partners has also been provided," said  Parul Khurana, Associate, ASL Partners.

For Example: If A and B are in a live in relationship wherein out of their relationship a child is born, then she will have rights in the property of his or her parents. Further lets assume because of some reason A and B part their ways. Later on, if either of A or B gets married and a child is born out of his or her marriage, then both the children will have claim over the property of their parents, explained Khurana.

"The UCC has provisions to protect the rights of women in matters of marriage and divorce, empowering them to assert their legal rights more effectively. Additionally, the reforms have brought about greater clarity and transparency in areas such as child custody, alimony, and property division in cases of separation or divorce. The UCC has also addressed long-standing disparities in inheritance laws, ensuring an equal distribution of property among heirs. This progressive step not only rights historical wrongs but also provides women with greater financial autonomy. By favoring gender equality in inheritance, the civil code promotes a balance of power, enabling women's economic empowerment," said Rohit Arora, Advocate, Uttarakhand High Court.

The implementation of UCC will change the structure of inheritance 

When it comes to inheritance, for example, as per the Hindu Succession Act 1956, if a Hindu man dies, his class-1 heirs include his child/children, wife and surviving mother. However, the UCC in Uttarakhand proposes the term ‘parents’ meaning that it introduces the father of a deceased man as a class-1 heir. Moreover, if the UCC Bill is implemented, adoption, guardianship and custody laws will be common for all religions. For example, currently Parsis do not recognise the rights of adoptive daughters. Only an adopted son can perform the last rites of the father. Adoptive daughters do not have the right of inheritance. The Bill will change this. 

“Another important point to be noted is the inheritance of ancestral properties. The laws vary with religion. The Hindu Succession Act 1956 defines how such properties of a Hindu are to be distributed to heirs in the absence of a Will. However, such a concept finds no mention in the UCC. Since it is a uniform code, all properties are expected to be distributed in the same manner for all religions.” said Taparia. 

Hindu community: Existing laws like the Hindu Marriage Act (1955) and the Hindu Succession Act (1956) would be dissolved and incorporated into the UCC. This would lead to standardization and uniformity in marriage, divorce, inheritance, and succession laws for all communities.

Succession law: "Under the Hindu Succession Act (1956), the husband’s family is considered the rightful heirs of the dead wife, and her parents and siblings are considered secondary. The Act also makes a distinction between ancestral and acquired property. The UCC will change these.

Inheritance law: Full-blood relations are preferred over half-blood ties under Section 18 of the Hindu Succession Act 1956. It also enlists people who cannot inherit the property on different grounds. This will change with the implementation of UCC. 

Succession: The Succession Act (1925) gives Christian mothers no right to inherit property of their dead children. This will change under UCC.” Taparia added.