How Uniform Civil Code will work in Uttarakhand

Dehradun: The Uttarakhand government, which issued notification for implementation of the Uniform Civic Code (UCC) Act in the state on Monday, has rolled out an online UCC portal, where people can apply under nine categories for services such as registration of marriage, divorce, termination of live-in relationships and filing appeals and complaints regarding grievances and issues related to the processing of documents or disputes.

According to UCC Rules, in case of marriages that have taken place between March 26, 2010 and the date of implementation of the Code (January 27, 2025) , people will have to register within the next six months, while in case of marriages that have taken place after the implementation of UCC, people will have to register within 60 days from the date of marriage.

While applying for divorce or annulment of marriage, details of marriage registration, decree of divorce or annulment, court case number, date of final order, details of children, copy of final court order will be required.

In the case of live-in relationships before the implementation of UCC, couples will have to register within one month from the date of implementation of the code. While the registration of live-in relationships after the implementation of UCC will have to be done within one month from the date of entry into the live-in relationships.

For termination of live-in relationships, one or both partners can end the live-in online or offline. If only one partner applies, the registrar will accept it only on the basis of confirmation from the other live-in partner. If the woman becomes pregnant from the live-in relationship, then it is mandatory to inform the registrar about the same within 30 days of the birth of the child.

The will can be made in three ways — by filling out the form on the portal, by uploading handwritten or typed will or by uploading the will by speaking it in a three-minute video.

In the case of Intestate Succession-Declaration of Legal Heirs, the applicants will have to submit documents that include a photo of the declarant and photo of legal heir(s). The applicants will have to pay a ₹250 registration fee with 15 days service timeline.

UCC will be applicable to the entire state of Uttarakhand, except for Scheduled Tribes, in the case of all residents of Uttarakhand living within or outside the state.

Registration process under UCC

To make the registration process easy and simple, the Common Service Centres (CSC) have been authorised by the state government to carry out the registration through the online platform. In hilly remote areas where internet facilities are not available, Common Service Centre (CSC) agents will go door-to-door to provide the above facilities to citizens. In rural areas, the Gram Panchayat Development Officer has been appointed as Sub-Registrar for the works related to the registration, so that the facility of registration can be made available to the rural citizens at the local level itself.

The applicants can apply for various services and registration through Aadhaar and they can track their applications related to registration through e-mail and SMS also. Under the rules, provision has also been made for registration of complaints by citizens through online portal.

The online portal has a facility of Aadhaar based verification, and data coordination from more than 13 departments/ services.

How UCC is being implemented

To implement UCC, sub-divisional magistrate (SDM) will be the registrar and gram panchayat development officer will be the sub-registrar in rural areas. Whereas in Nagar Panchayat, municipalities, the SDM concerned will be the registrar and the executive officer of the civic body concerned will be the sub-registrar.

Similarly, in the Municipal Corporation areas, the Municipal Commissioner will be the registrar and the tax inspector will be the sub registrar. In the Cantonment area, the CEO concerned will be the registrar and resident medical officer or the officer authorised by the CEO will be the sub registrar. Above all these, will be the registrar general, who will be a secretary level officer and inspector general of registrations.

How appeals will be dealt under UCC

According to UCC Rules, if the registrar is unable to take action on applications within the stipulated time, then the matter will be auto forwarded to the registrar general. Similarly, an appeal can be made to the registrar general against the order of the registrar or sub registrar, who will dispose of the appeal within 60 days and issue an order.

The registrar will have to decide on the appeal against the order of the sub registrar within 60 days. Those violating the live-in rules or marriage laws will be reported to the police.

According to UCC Rules, sub registrar will examine all the documents and information in 15 days in general and within three days in case of emergency, to take a decision after seeking clarification from the applicant. The sub registrar will also impose a penalty for not submitting the application on time or violating the rules, as well as to inform the police, and if the marriage information is not verified, to inform the parents or guardians.

If the sub registrar or registrar does not take action on time in case of applications filed by people, then a complaint can be lodged online. An appeal can be made to the registrar within 30 days against the rejection order by the sub registrar. An appeal can be made to the registrar general within 30 days against the rejection order of the registrar.

Nine categories under which people can apply on UCC portal

1-Registration of Marriage/Acknowledgement of Registered Marriage,

2-Registration of Divorce/Nullity of Marriage,

3-Registration of Live-in Relationship,

4-Termination of Live-in Relationship,

5-Intestate Succession-Declaration of Legal Heirs (Intestate succession determines legal heirs and asset distribution when someone dies without a will),

6-Testamentary Succession-Registration of Wills (securely creating and registering a will),

7-Appeal (appeals against decisions related to various applications) and

8-Access to Data/Information (getting access to different data and information related to applications),

9-Register a complaint (for submitting and tracking grievances transparently and efficiently).

Action plan for implementation of UCC

- Portal (ucc.uk.gov.in) developed for online application

- Common Service Centres (CSC) designated as training partners

- Nodal officer designated in districts for implementation and training

- Helpdesk (1800-180-2525) established for assistance and technical consultation

- For citizen awareness and convenience of officers, short videos and booklets to be made available

Journey of UCC so far

Feb 12, 2022: Chief minister Pushkar Singh Dhami announced that Uttarakhand will bring UCC law

May 27, 2022 – Expert Committee on UCC constituted

February 2, 2024 – Detailed report on UCC presented to the state government

February 8, 2024 – UCC Act approved by State Assembly

March 8, 2024 – UCC Act approved by President of India

March 12, 2024 – UCC Uttarakhand Act 2024 notification issued

October 18, 2024 – UCC Rules submitted to state government

January 20, 2025: State cabinet approves UCC manual (rules)

January 27, 2025 – UCC Act implemented in Uttarakhand