BHOPAL — The Madhya Pradesh Cabinet on Sunday approved the draft Uniform Civil Code (UCC) Bill, paving the way for a common civil law in the state that bans triple talaq, polygamy and nikah halala, while making registration of live-in relationships mandatory.
The Bill will be introduced during the Monsoon Session of the Madhya Pradesh Assembly that began on Monday.
The Cabinet meeting was held at the historic Jagdishpur Fort, previously known as Islam Nagar.
Chief Minister Dr Mohan Yadav has said that as far as the UCC Bill was concerned, only one marriage would be recognised in the state. He said divorce would not be granted by merely uttering ‘Talaq’ thrice and would only be possible through a proper legal process. The UCC Bill respects all religions and no effort has been made to demean any religion. Everyone is free to practice their own religion, he added.
“Through this bill, we believe Madhya Pradesh is moving towards establishing a major law that will provide equal rights and opportunities to everyone, whether Ram or Rahim. Before implementing this Act, although a bill is passed in the Legislative Assembly, we wanted to connect directly with the common people and communicate the details…,” the chief minister said.
The UCC Bill mandates registration of live-in relationships within one month.
The marriage age has been fixed and registration of marriages has been made mandatory. Equal rights in property have been ensured for men and women.
More than 80% of women backed the UCC Bill, he said. Yadav said the government had formed a committee to seek public suggestions on the UCC. Suggestions were also taken from political parties. However, the Congress distanced itself from the hearing held on the UCC. He appealed to all political parties to rise above party lines and support the implementation of the UCC.
UCC Makes Monogamy Mandatory
The draft UCC prohibits polygamy and makes monogamy mandatory across all communities. It also provides for imprisonment and fines for violations of provisions related to live-in relationships.
If a child is born to live-in partners, the child will be considered legitimate. In case of desertion by a man, a woman in a live-in relationship can seek maintenance. The Bill proposes three months’ imprisonment or a fine of Rs 10,000 if a couple lives together without registration.
For furnishing incorrect information, it proposes three months’ imprisonment or a fine of Rs 25,000. Similarly, six months’ imprisonment and a fine of Rs 25,000 may be imposed on anyone failing to appear before the registrar despite receiving a notice.
The UCC claims to aim at protecting women and empowering them by ending discrimination under separate personal laws related to marriage, divorce and succession.
It seeks to establish a uniform civil law governing private matters such as marriage, divorce, maintenance arising out of marital disputes, succession and live-in relationships.
The draft states that a woman can seek annulment of her marriage if her husband has impregnated another woman during the subsistence of the marriage. It also states that ‘Nikah Halala’ will be treated as a criminal offence.
Term ‘Illegitimate’ Removed
Under provisions relating to children’s rights and custody, the term “illegitimate” has been removed. All children will have equal rights, whether they are biological, adopted or born through surrogacy. Parents will also have equal rights in the property of their deceased son, at par with the deceased’s wife and children.
Moreover, a person accused of killing, or assisting in the murder of, a property owner will become ineligible to inherit that property. If a person has no legal heir, the property will be transferred to the state government.
Freedom of Will
Under this, any mentally sound person can give self-earned property and ancestral property to anyone through the medium of a will.
The property of a person who dies without leaving a will would be divided into three categories – class 1, class 2 and other relatives. The unit system and survivorship rights have been implemented for previous generations.
