The draft legislation is set to be introduced during the monsoon session of the Madhya Pradesh Assembly, which commences on Monday (July 20).
If passed, the proposed law will be applicable to all communities in the state, excluding Scheduled Tribes that are protected under constitutional provisions, as stated by the state government.
Equal rights for children, mandatory marriage registration proposed
The draft bill aims to provide equal legal rights for children born from marriage, adoption, surrogacy, assisted reproductive technology (ART), and live-in relationships.
It ensures equal inheritance rights for sons and daughters, regardless of whether they were born within or outside of marriage. These provisions will not extend to Scheduled Tribes protected under Articles 342 and 366(25) of the Constitution.
The bill also mandates the registration of marriages and divorces for all communities, with the exception of tribal groups.
According to the draft law, children born from live-in relationships will receive legal recognition. It also allows women in such relationships to seek maintenance through a competent court if their partner leaves, similar to the rights of a legally married wife.
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The proposed provisions stipulate that both partners must be adults, not in a prohibited relationship, not already married, and must enter the relationship willingly.
Failure to register the relationship within the designated timeframe may result in a penalty of up to three months’ imprisonment or a fine of ₹10,000, as per the draft bill.
Additionally, the proposed law outlines penalties for providing false information or failing to disclose details after receiving a notice from the Registrar.
Draft proposes ban on triple talaq, nikah halala and polygamy
The proposed legislation mandates monogamy across communities and prohibits practices such as triple talaq and nikah halala.
It also sets conditions for valid marriages, including restrictions on relationships that are prohibited or entered into without valid consent, except where recognized customs permit.
The draft specifies that marriage and divorce registrations will be processed through the MP e-Nagarpalika Portal in urban areas, while rural registrations will be managed by authorities like the SDM, municipality, or panchayat.
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After the cabinet meeting, Chief Minister Mohan Yadav remarked that the proposed UCC would establish a cohesive legal framework for citizens, while still preserving constitutional protections for Scheduled Tribes.
Yadav indicated that the draft was created after analyzing UCC frameworks adopted in states such as Uttarakhand, Gujarat, and Assam.
He noted that the proposed code would permit religious customs and traditional practices as long as they align with public morality and policy.
The chief minister assured that consultations were carried out by the committee responsible for drafting the bill, claiming that a majority of respondents from various communities expressed support for the proposal.
Draft prepared by Justice Ranjana Desai committee
The draft UCC was developed by a committee led by former Supreme Court judge Justice Ranjana Desai (Retd.), which submitted its report to the Madhya Pradesh government last week.
The state government stated that the proposed legislation aims to establish common guidelines concerning marriage, divorce, maintenance, inheritance, and live-in relationships, while addressing issues of equality and legal rights.
The bill will now be presented to the state legislature for consideration. Any further modifications may be made during the legislative process before it becomes law.
Also Read: Assam UCC Bill Explained: Key changes on marriage, live-in relationships and child custody(inputs from agencies)
