MP UCC Draft Bans Polygamy, Mandates Live-In Registration, Grants Equal Rights To All Children
· Free Press Journal
Bhopal (Madhya Pradesh): The draft Uniform Civil Code (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.
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If a child is born out of a live-in relationship, 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 a person who fails to appear before the registrar despite receiving a notice.
The UCC aims to provide protection to women and empower 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.
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 both to anyone through the medium of will.
The property of person who dies without leaving a will be divided into three categories – class 1, class 2 and other relatives. The unit system and survivorship right has been implemented for previous generations
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