West Bengal has started the process to introduce the Uniform Civil Code (UCC). The drafting committee will hold its first meeting in Delhi. The proposed framework may replace 13 marriage-related laws with one single law. Moreover, the new system aims to create similar rules for marriage, divorce, maintenance, custody and inheritance across communities. However, Scheduled Tribes will remain outside this code. The government will not interfere with traditional cultural practices and customs.
13 marriage laws may merge into one Act
According to a Times of India report, 13 existing marriage laws may be removed after UCC implementation. Furthermore, one common Act may replace these separate laws. The proposed law will focus on gender equality and religious neutrality. Additionally, it will avoid interference in cultural traditions, clothing and rituals.
The 13 laws include the Indian Divorce Act, 1869, Indian Christian Marriage Act, 1872, Bengal Muslim Marriage and Divorce Registration Act, 1876, Anand Marriage Act, 1909, Parsi Marriage and Divorce Act, 1936, Arya Marriage Validation Act, 1937, Muslim Personal Law (Shariat) Application Act, 1937, Dissolution of Muslim Marriages Act, 1939, Special Marriage Act, 1954, Hindu Marriage Act, 1955, Foreign Marriage Act, 1969, Muslim Women (Protection of Rights on Divorce) Act, 1986 and Muslim Women (Protection of Rights on Marriage) Act, 2019.
Marriage registration and divorce rules may change
Under the proposed UCC, couples will need to register marriages within a fixed period. State-appointed officials will handle the registration process. These rules currently apply based on faith, interfaith marriages and overseas residence conditions.
Furthermore, the new framework will not allow divorce outside courts. Both partners will follow similar divorce grounds. Husband and wife will receive equal rights regarding alimony.
Live-in relationships may require registration
The proposed UCC may also bring registration rules for live-in relationships. Partners will need to register their relationship under the new system. Failure to complete registration may lead to punishment.
Additionally, the move aims to prevent fraud related to live-in relationships. It will also provide legal protection to children born from such relationships.
