Uttarakhand UCC Amendment Ordinance Enforces Stringent Penalties for Marriage and Live-In Offences
In a significant legal development, the Uttarakhand Uniform Civil Code (Amendment) Ordinance has received the formal assent of Governor Lt Gen Gurmit Singh (retd), ushering in a comprehensive set of stringent penal provisions. The amended legislation, which originated from Dehradun, now prescribes imprisonment of up to seven years for various offences related to marriage and live-in relationships, marking a substantial shift in the state's civil law framework.
Enhanced Penalties for Coercion, Fraud, and Bigamy
Under the revised law, any individual found guilty of employing force, coercion, or fraudulent means to enter into either a marriage or a live-in relationship now faces the possibility of imprisonment extending to seven years. This provision aims to deter manipulative practices that undermine the voluntary nature of such unions. Furthermore, the ordinance criminalizes bigamy by stipulating that a married person who enters into a second marriage or live-in relationship without obtaining a legal divorce will be subject to similar maximum punishment, thereby reinforcing the sanctity of monogamous relationships.
Specific Provisions for Live-In Relationships and Minors
The amendment introduces clear penalties for misconduct within live-in arrangements. It explicitly states that living in a live-in relationship with another person while already engaged in one will attract a jail term of up to seven years, addressing concerns about deception and multiple concurrent relationships. In cases involving minors, the law imposes stricter measures: any major found in a live-in relationship with a minor can be punished with simple imprisonment of up to six months and a fine of up to Rs 50,000, or both. Failure to pay the fine may result in additional imprisonment of up to one month, ensuring accountability.
Broader Offences Under Bharatiya Nyaya Sanhita
The ordinance expands the scope of punishable actions by incorporating provisions from the Bharatiya Nyaya Sanhita (BNS). Submitting false information or concealing facts for the purpose of marriage or a live-in relationship will now invite legal consequences under the BNS. Additionally, those found guilty of compelling, abetting, or inducing a person to observe prohibited conditions before remarriage will face imprisonment of up to three years along with a fine of up to Rs 1 lakh, with default leading to further imprisonment of up to six months. The law also specifies that divorce obtained through illegal means is punishable with imprisonment of up to three years and a fine, though cases of child marriage remain governed by the Prohibition of Child Marriage Act, 2006.
Administrative Reforms and Procedural Enhancements
Beyond penal clauses, the amendment introduces key administrative changes to improve efficiency and transparency. The post of "additional secretary" has been designated as the competent authority under Section 12, replacing "secretary," to streamline decision-making processes. To prevent delays, the ordinance provides for the automatic forwarding of cases to the registrar and registrar general if a sub-registrar fails to act within the prescribed timeframe. A new right to appeal has been established against penalties imposed on sub-registrars, accompanied by a provision for recovering penalties as land revenue, enhancing enforcement mechanisms.
Legal Grounds for Annulment and Registration Powers
The amended UCC clarifies legal grounds for relationship dissolution by making misrepresentation of identity at the time of marriage a valid basis for annulment. It also empowers the registrar to issue a termination certificate upon the conclusion of a live-in relationship, formalizing the process. In a terminological update, the word "spouse" has been substituted with "widow" in Schedule-2, and the registrar general now holds the authority to cancel registrations related to marriage, divorce, live-in relationships, and succession, centralizing oversight.
Rationale Behind the Amendments
Official sources indicate that these amendments were introduced following a thorough review of the UCC's functioning over the past year. An official explained, "The main objective is to make the provisions clearer, more effective and practical, strengthen administrative efficiency and ensure better protection of citizens' rights." This statement underscores the government's intent to address observed implementation issues and enhance the law's applicability in real-world scenarios, reflecting a proactive approach to legal refinement.
Overall, the Uttarakhand UCC Amendment Ordinance represents a comprehensive overhaul aimed at deterring marital and live-in relationship offences through stricter penalties while bolstering administrative frameworks for better governance and citizen protection.
