Kamal Ghorui
DEHRADUN: The Uttarakhand Uniform Civil Code (Amendment) Ordinance, after receiving the assent of governor Lt Gen Gurmit Singh (retd), has introduced a raft of stringent penal provisions, including imprisonment of up to seven years, for offences related to marriage and live-in relationships.Under the amended law, any person found guilty of using force, coercion or fraud to enter into a marriage or live-in relationship can now be punished with imprisonment of up to seven years. The ordinance also makes it a criminal offence for a married person to enter into a second marriage or live-in relationship without obtaining a legal divorce, prescribing a similar maximum punishment.
The amendment further states that living in a live-in relationship with another person while already being in a live-in relationship will also attract a jail term of up to seven years. Any major found living in a live-in relationship with a minor will be punishable with simple imprisonment of up to six months and a fine of up to Rs 50,000, or both. In case of default in payment of fine, further imprisonment of up to one month has been provided.Submitting false information or concealing facts for the purpose of marriage or a live-in relationship will now invite punishment under the Bharatiya Nyaya Sanhita (BNS). 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, and in default, further imprisonment of up to six months.The ordinance also stipulates that divorce obtained through illegal means will be punishable with imprisonment of up to three years and a fine. Cases of child marriage, however, will continue to be governed by the Prohibition of Child Marriage Act, 2006.Being a civil law, the original UCC had limited penal provisions as several offences earlier fell under criminal law. However, following the implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of the Criminal Procedure Code and the Bharatiya Nyaya Sanhita replacing the IPC, stricter punishment clauses have now been incorporated.Among key administrative changes, the post of “additional secretary” has been designated as the competent authority under Section 12 in place of “secretary”. The amendment also provides for automatic forwarding of cases to the registrar and registrar general if a sub-registrar fails to act within the prescribed timeframe. A right to appeal has been introduced against penalties imposed on sub-registrars, along with a provision for recovery of penalties as land revenue.Misrepresentation of identity at the time of marriage has now been made a valid ground for annulment of the union. The registrar has also been empowered to issue a termination certificate upon the end of a live-in relationship. Additionally, the word “spouse” has been substituted with “widow” in Schedule-2, and the registrar general has been vested with the power to cancel registrations related to marriage, divorce, live-in relationships and succession.Official sources said the amendments were introduced after reviewing the functioning of the UCC over the past year. “The main objective is to make the provisions clearer, more effective and practical, strengthen administrative efficiency and ensure better protection of citizens’ rights,” an official said, adding that “several issues were observed during implementation and changes were made accordingly.”
