Digital Desk, Kolkata. The process of preparing a Uniform Civil Code (UCC) for West Bengal has moved forward, with the first meeting of the committee responsible for drafting the proposed law scheduled to be held in Delhi today, Thursday. The meeting is expected to discuss the framework of the proposed code and prepare a broader roadmap for bringing uniform rules into matters related to marriage and family law.
Under the proposed framework, around 13 existing marriage and personal laws may be replaced or consolidated into a single law. The proposed legislation is expected to focus primarily on gender equality and, subsequently, religious neutrality. Matters such as marriage, divorce, maintenance, alimony, child custody and inheritance could be governed by common rules applicable across communities.
The proposed legal structure aims to bring different personal-law provisions relating to family matters under a common framework. While religious and cultural practices may continue, the legal rights and obligations arising from marriage and family relationships could be made uniform.
13 Existing Laws May Be Brought Under One Framework
The proposed UCC may bring changes to several existing laws governing marriage and family-related matters. These include provisions connected with the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Foreign Marriage Act, 1969, the Muslim Women (Protection of Rights on Divorce) Act, 1986, and the Muslim Women (Protection of Rights on Marriage) Act, 2019.
At present, different laws can apply depending on factors such as religion, inter-faith marriage and certain circumstances involving residence abroad. The proposed UCC seeks to create a common legal framework covering these areas.
The exact list of laws that may be repealed, amended or incorporated into the proposed code will become clear only after the drafting and legal review process progresses.
Mandatory Marriage Registration May Be Introduced
One of the key provisions under consideration is mandatory registration of marriages. Under the proposed framework, all marriages taking place in West Bengal may have to be registered within a prescribed period with officials notified by the state government.
Mandatory registration could create an official record of a marriage and provide greater clarity in matters involving divorce, maintenance, inheritance, child custody and property rights. It could also help establish the legal status of a marriage in cases involving disputes between spouses.
The proposed system is expected to apply uniformly rather than making marriage registration dependent on the religious community of the couple.
Divorce Outside Court May Not Receive Legal Recognition
The proposed UCC may also introduce common rules for divorce. According to the proposals under discussion, divorce outside the legally prescribed process may not receive legal recognition.
The grounds for divorce are expected to be made uniform for both spouses. The proposed framework may also provide equal rights to husbands and wives in matters relating to maintenance and alimony after divorce.
The objective would be to ensure that both parties have equal legal rights and that financial support following the breakdown of a marriage is determined through a common legal framework.
Traditional Practices May Also Come Under Review
Certain traditional practices associated with marriage and separation may also be addressed under the proposed code. Sources indicate that practices such as nikah halala could be considered for removal from the legal framework.
However, the final provisions will depend on the recommendations of the drafting committee, legal examination and the subsequent legislative process. The current proposals should therefore be viewed as part of the ongoing drafting exercise rather than as final provisions.
Rules for Live-In Relationships
The proposed UCC may extend beyond formal marriages and introduce rules governing live-in relationships as well.
Under the proposal being discussed, live-in partners may be required to register their relationship with the designated authority. Failure to comply with the prescribed registration requirements could attract action under the proposed framework.
Such provisions could be aimed at establishing legal clarity regarding the rights and responsibilities of partners in live-in relationships, including matters involving separation and the interests of children.
No Provision for Multiple Marriages
The proposed code is also expected to establish a common legal position on multiple marriages. According to the information currently available, the proposed UCC will not provide for more than one marriage at the same time.
The move would seek to establish a uniform legal standard for marriage across communities. The precise wording and enforcement mechanism, however, will only be known once the official draft is prepared and made available.
Cultural and Religious Practices May Remain Protected
The proposed UCC is expected to focus primarily on legal rights and obligations rather than interfering with cultural traditions. Traditional wedding ceremonies, religious customs, clothing and other cultural practices may not be affected by the proposed framework.
In other words, communities may continue to follow their traditional customs for conducting marriage ceremonies, while matters such as legal registration, divorce, maintenance, custody and inheritance could be governed by common rules.
Scheduled Tribes May Remain Outside the Code
Scheduled Tribes are proposed to remain outside the scope of the UCC, according to the framework currently under consideration. The exemption is linked to the need to protect traditional social and cultural practices followed by tribal communities.
The drafting process is currently at an early stage. The first meeting in Delhi is expected to lay the groundwork for further discussions and the preparation of a detailed roadmap. The final structure of the proposed UCC, including the laws to be repealed or amended and the exact rights and obligations of citizens, will become clearer as the drafting and legislative process moves ahead.
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