Uttarakhand UCC Bill bans bigamy, polygamy; lists 5 conditions for solemnisation of marriages

The Uttarakhand Uniform Civil Code (UCC) Bill explicitly bans bigamy and polygamy in the state and lists five conditions for the solemnisation of marriages. The UCC Bill, which was tabled by Chief Minister Pushkar Singh Dhami in the special session of the Uttarakhand Assembly on Tuesday seeks to “govern and regulate the laws related to marriage and divorce, successions, live-in relationships, and matters related thereto.”

Uttarakhand UCC Bill LIVE

Bigamy is the act of marrying one person while still legally married to another while polygamy is the practice of having multiple spouses simultaneously.

Uttarakhand UCC Bill bans bigamy and polygamy

Under section 4 of the Uniform Civil Code Bill, the government listed five conditions for the solemnisation of marriage between a man and a woman. The marriage will be only considered valid if:

1. Neither party has a spouse living at the time of the marriage.

2. At the time of the marriage, neither party-

(a) is incapable of giving valid consent in consequence of unsoundness of mind; or

(b) though capable of giving valid consent, has been suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage; or

(c) has been subject to recurrent attacks of insanity.

3. The man has completed the age of twenty-one years and the woman the age of eighteen years.

4. The parties are not within the degrees of prohibited relationship unless the custom or usage governing one of them permits marriage between the two.

Provided that such customs and usage are not against public policy and morality.

5. The marriage is not prohibited under any law in force.

Moreover, the Bill adds that the "marriage may be solemnised /contracted between a man and a woman in accordance with the religious beliefs, practices, customary rites and ceremonies including but not limited to "Saptapadi", "Ashirvad", "Nikah", "Holy Union", "Anand Kara" under The Anand Marriage Act 1909 as well as under, but not limited to, The Special Marriage Act, 1954 and Arya Marriage Validation Act, 1937,"

However, the government has cleared that the provisions of the UCC Bill will not apply to "members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 142 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.”