Uttarakhand Chief Minister Pushkar Singh Dhami. (Photo: Pushkar Singh Dhami/ X)
Wedding ceremonies will continue to be conducted in the traditional manner under the Uttarakhand Uniform Civil Code Act, 2024, “to ensure that the cultural diversity and religious freedom of the state’s people are preserved while adhering to fundamental legal standards of marriage”, said the government in a press release Friday.
Uttarakhand’s Pushkar Dhami government is planning to roll out rules under the legislation, which the assembly passed last February, on January 26. The law lays down common provisions for marriage, divorce, and succession for all Uttarakhand residents, and also has clauses for live-in relationships, although it keeps tribals out of its ambit.
The Cabinet approved the rules for the law Monday. Once the rules are rolled out, Uttarakhand will become the first state in India to implement the UCC.
“Whether it is ‘Saptapadi,’ ‘Nikah,’ ‘Ashirwad,’ ‘Holy Union,’ or ‘Anand Karaj’ under the Anand Marriage Act, 1909, or a marriage conducted under the Special Marriage Act, 1954, or the Arya Marriage Validation Act, 1937—the Act respects all religious and customary practices,” the statement said.
It goes on to say: “However, it is mandatory that the basic conditions mentioned in the Act (such as age, mental capacity, and absence of a living spouse) are fulfilled for the marriage to be valid. This ensures that the cultural diversity and religious freedom of the state’s people are preserved while adhering to fundamental legal standards of marriage”.
According to the latest government statement, although the Act recognises traditional marriage ceremonies, it also incorporates legal provisions under which certain marriages can be declared void or voidable.
“If, after the implementation of the Act, any marriage is found to violate the basic conditions stipulated in the Act—such as one party having a living spouse at the time of marriage, inability to provide valid consent due to mental incapacity, or marriage within prohibited relationships—such a marriage will be considered void. In such cases, either party can file a petition in court to have the marriage declared null and void,” the statement said.
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However, children born from such a marriage will still be considered legitimate, the statement said, calling this a “significant and positive feature” of the law.
“This provision protects the legal rights of the children and reflects the Act’s sensitivity towards family welfare. By respecting diverse marriage ceremonies, establishing clear provisions for void and voidable marriages, and ensuring the legitimacy of children, the Uttarakhand Uniform Civil Code Act, 2024 ensures both the preservation of cultural values and legal clarity for all citizens of the state,” the statement said.
The statement comes just after the conclusion of local body elections in Uttarakhand Thursday. The approval of the UCC manual Monday came just ahead of the polls, when the Model Code of Conduct was still in place.
The move had drawn flak from the Congress, which wrote to the state election commission seeking action against the BJP for alleged violation of the MCC.
