Relationships have been defined as half-blood (when concerned parties are descended from a common ancestor but by different wives), uterine blood (when they are descended from a common ancestress but by different husbands), full blood (when they are descended from a common ancestor by the same wife), adoption, surrogacy or assisted reproductive technology and illegitimate child.

The proposed code will not apply to Scheduled Tribes, defined within the meaning of clause (25) of Article 366 read with Article 342 of the Constitution of India, and persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.

“Custom and usage” have been defined as any rule which has been continuously and uniformly observed for a long time and has obtained the force of law among persons in any local area, tribe or community. But these should not be unreasonable or against public policy and morality. Of Uttarakhand’s five notified tribal communities, the Jaunsari community, who claim to be descendants of the Pandavas of the Mahabharata, claim that polyandry has helped them retain their ancestral lands and properties, given limited landholdings in the state for farming.

Any marriage solemnised in Uttarakhand between March 26, 2010, and the date of the code is implemented, where at least one party to the marriage was or is a resident of the state at the time of the marriage, will have to be registered in accordance with the new law, the only exception being if the marriage is already registered the Uttarakhand Compulsory Registration of Marriage Act, 2010.

The law will be applicable to all residents of Uttarakhand. A resident has been defined as one staying in the state for one year or more and availing benefits of a central or state government schemes.

At the time of marriage, men should not have a living wife and women a living husband. Both should be of sound mind, the code has suggested. It allows for marriages under nikah (Muslim marriage), saptpadi (Hindi marriage), anand karaj (Sikh marriage) or any other religious form not otherwise prohibited under the proposed code.

All marriages have to be registered within 60 days. The draft code provides for a three-month jail term and a fine of ₹25,000 for wrong information during the registration and a ₹10,000 fine for not registering the marriage.

No marriage can be dissolved without a court order and under a penalty of up to 3 years in prison. Marriage in violation of the condition specified for the same will result in a jail term of six months and a penalty of up to ₹50,000.

Divorce pleas will have to be filed in a specified court and the decree will have to be issued within 60 days, the proposed code suggested. Both men and women will be entitled to alimony and maintenance. An appeal will be allowed in the high court in case of non-consent orders of the family court.

The provision of prohibited relationships in marriages will impact the Muslim community, which constitute 13% of the state’s population, said political analyst SMA Kazmi.

“The UCC ignores the fact that most of the issues related to marriage, divorce, remarriage, adoption and succession are already covered by separate personal laws of Hindus, Muslims, Christians and Jews. So the change has been made mainly for Muslims, where marriages also happen among relations,” he said.

“Muslims would also be affected in succession, marriage and remarriage as the UCC infringes upon their personal laws. This clearly shows that it is only aimed at targeting minorities,” he added.

“The logic of uniformity stands defeated in the very second sentence of the bill which keeps the scheduled tribes out of the purview of the Bill,” Kazmi said. “If the provisions of the bill are good for all, then why STs have been kept out? It was only because the BJP (Bharatiya Janata Party) doesn’t want to antagonise the vast ST population in the country on the eve of the general elections.”

Chief minister Pushkar Singh Dhami said, “With the guidance and inspiration of PM Narendra Modi, today we are going to fulfil the ‘Sankalp’ (resolution) that we had made to the people of the state in the 2022 assembly elections to bring a Uniform Civil Code law in the state. Our government, taking all sections of the society along with full responsibility, has presented the UCC Bill in the Assembly. That historic moment is near for Devbhoomi when Uttarakhand will become a strong pillar of PM Modi’s vision of Ek Bharat, Shreshta Bharat (One India, Best India)”.

The state government in a statement also said, “If there is a constitutional requirement, this law will be sent to the President for approval before being implemented. It is expected that UCC will prove to be a progressive, popular and acceptable- to- all code in Uttarakhand. This code will prove to be a milestone in the development of the state”.