Major Legal Update: Uttarakhand UCC Amendment Introduces Strict Penalties
Dehradun is buzzing with the latest legal developments as the Uttarakhand Uniform Civil Code (Amendment) Ordinance has officially come into effect. Following its approval by Governor Lt Gen Gurmit Singh (retd), this significant amendment introduces rigorous new penal provisions, including substantial jail terms, for various offenses concerning marriage and live-in relationships within the state.
Key Penalties Under the Revised Uttarakhand UCC
The updated law aims to curb coercion and fraud in personal relationships by setting clear boundaries and severe consequences. Hereโs a breakdown of the major changes:
- Forced Relationships: Individuals found guilty of using force, undue influence, or deception to enter into a marriage or a live-in relationship now face a potential imprisonment of up to seven years.
- Unlawful Second Relationships: A married person who enters into another marriage or a live-in relationship without first obtaining a legal divorce could also be sentenced to a maximum of seven years in prison.
- Concurrent Live-Ins: Engaging in a live-in relationship while already in another existing live-in arrangement is now a punishable offense, carrying a jail term of up to seven years.
- Minors in Live-Ins: Any adult found cohabiting in a live-in relationship with a minor will face simple imprisonment for up to six months and/or a fine of up to Rs 50,000. Failure to pay the fine could result in an additional month of imprisonment.
- Misrepresentation: Providing false information or deliberately hiding facts during the process of marriage or entering a live-in relationship will now lead to punishment under the new Bharatiya Nyaya Sanhita (BNS).
- Prohibited Conditions for Remarriage: Those who compel, assist, or persuade someone to adhere to prohibited conditions before remarriage could face up to three years in jail along with a fine of up to Rs 1 lakh. Default on the fine payment could add another six months to the sentence.
- Illegal Divorce: Obtaining a divorce through unlawful methods is now a criminal act, punishable by up to three years in prison and a fine.
It is important to note that cases involving child marriage will continue to be handled under the existing Prohibition of Child Marriage Act, 2006, rather than the amended UCC.
Why the Stricter Enforcement?
Initially, the Uniform Civil Code, being a civil law, had limited punitive measures, as many related offenses fell under the purview of criminal law. However, with the recent introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing the Criminal Procedure Code), and the Bharatiya Nyaya Sanhita (replacing the IPC), the framework now allows for the integration of much stricter punishment clauses directly into the UCC amendment.
Administrative Enhancements and Citizen Protection
Beyond penal provisions, the amendment also brings several crucial administrative reforms designed to improve efficiency and safeguard citizen rights:
- The role of "additional secretary" has been officially designated as the competent authority under Section 12, taking over from the "secretary."
- A new system ensures that if a sub-registrar fails to act within a specified time, cases are automatically forwarded to the registrar and registrar general.
- Individuals now have the right to appeal against penalties imposed on sub-registrars, and these penalties can be recovered as land revenue.
- Misrepresenting oneโs identity during marriage is now a valid legal basis for annulling the union.
- Registrars are now empowered to issue a termination certificate when a live-in relationship concludes.
- The term "spouse" in Schedule-2 has been replaced with "widow," clarifying specific legal contexts.
- The registrar general has been granted the authority to cancel registrations related to marriage, divorce, live-in relationships, and succession.
Driving Objectives Behind the UCC Update
Official sources reveal that these significant amendments are the result of a comprehensive review of the UCC's performance over the past year. The primary goal is to make the code's provisions clearer, more practical, and highly effective. Officials emphasize that these changes aim to bolster administrative efficiency and ensure enhanced protection for the rights of citizens in Uttarakhand. The amendments directly address various issues identified during the initial implementation phase of the UCC.
