The much-talked about Uniform Civil Code(UCC) being implemented in Uttarakhand will declare any marriage void if solemnised with either of the spouses alive. However the UCC will not infringe upon the ways marriages are solemnised.

Sharing the information, senior officials informed that the UCC regime won’t infringe or stop the traditional modes of the marriages be it “Saptapadi”, “Nikah”, “Ashirwad”, “Holy Union”, or “Anand Karaj” under the Anand Marriage Act, 1909 or Special Marriage Act 1954, and Arya Samaj Marriage Validation Act 1937.

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The officials stated that the UCC 2024 Act would respect all religious and customary practices for solemnising marriages but for the violation of its basic conditions mentioned in the law like age, mental capacity and if the spouse is alive. According to the officials this will protect the cultural diversity and religious freedom of the people of Uttarakhand and ensure adherence to the basic legal standards of the marriagees. Officials claimed it will also homogenise the personal laws of all communities to an extent.

The Uttarakhand UCC has certain legal provisions under which illegal marriage practices will be declared void. As per the act a marriage will be termed void if it will violate conditions specified in the Act like any one of the marrying couples have spouse alive, their inability to give valid psycho-legal consent for the marriage or if the marriage taking place comes in the purview of prohibited relationships as per the UCC 2024. In such cases either of the married partners can approach the courts to declare the marriage void.

However, a child born out of void marriages under the UCC will be considered legitimate. This protects the legal and constitutional rights of children.
UCC implementation officials have emphasised that the state government’s move to homogenise personal laws for all the citizens will allow only monogamy. Any report or more than one marriage in the state will be prohibited and dealt with heavy hands. The UCC 2024 will in all likelihood be implemented on this Republic day two days ahead of prime minister Narendra Modi’s coming to the state for the inauguration of national games.