Prohibited Relationships Under Uttarakhand's Uniform Civil Code

Understanding Prohibited Relationships in Uttarakhand's UCC

Uttarakhand's proposed Uniform Civil Code (UCC) significantly addresses the concept of "degrees of prohibited relationships" concerning marriage eligibility. This term originates from Schedule 1 of the Hindu Marriage Act of 1955 and pertains to specific familial relationships where marriage is not permissible to prevent consanguinity.

The prohibited relationships include:

• Lineal ascendants or descendants (e.g., parent-child and grandparent-grandchild).
• Siblings, which encompass full siblings, half-siblings, and step-siblings.
• Collateral relatives through a common ancestor up to a designated degree (e.g., uncle-niece and aunt-nephew).

Exceptions Through Customs

While marriages within these prohibited relationships are generally disallowed by law, the UCC introduces an exception for communities where local customs or traditions permit such unions. In these scenarios:

• The couple is required to secure approval from a recognized religious or community leader.
• This leader must validate their eligibility to marry based on the pertinent custom.

Objective of This Provision

This provision aims to harmonize the uniformity of personal laws with respect for cultural and traditional practices. It ensures ethical safeguards against consanguineous marriages while accommodating the diverse customs of various communities, thus fostering an inclusive legal framework.

Frequently Asked Questions (FAQs)

Q1. What is the significance of prohibited relationships under UCC?
Answer: Prohibited relationships under the UCC define the familial connections that restrict marriage to prevent consanguinity, ensuring ethical standards in marriage eligibility.

Q2. How does the UCC accommodate cultural customs?
Answer: The UCC allows exceptions for communities with specific customs permitting marriages within prohibited relationships, given that they secure approval from recognized leaders.

Q3. What are examples of prohibited relationships?
Answer: Examples include marriages between siblings, ascendants and descendants, and collateral relatives like uncle-niece or aunt-nephew, as defined by the UCC.

Q4. What is the purpose of the UCC in Uttarakhand?
Answer: The purpose of the UCC is to create uniform personal laws while respecting cultural diversity and preventing unethical consanguineous marriages.

Q5. How does the UCC ensure ethical safeguards?
Answer: The UCC ensures ethical safeguards by prohibiting consanguineous marriages and allowing community-specific exceptions under regulated conditions.

UPSC Practice MCQs

Question 1: What does the term "degrees of prohibited relationships" refer to in the UCC?
A) Types of marriages allowed
B) Familial connections restricting marriage
C) Customs of various communities
D) Legal definitions of marriage
Correct Answer: B

Question 2: Under the UCC, who must approve marriages within prohibited relationships?
A) Family members
B) Government officials
C) Religious or community leaders
D) Local authorities
Correct Answer: C

Question 3: What is the primary objective of the UCC regarding marriage?
A) To promote consanguineous marriages
B) To standardize personal laws while respecting customs
C) To eliminate all forms of marriage
D) To restrict marriage to certain communities
Correct Answer: B

Question 4: Which Act does the UCC reference for prohibited relationships?
A) Muslim Personal Law
B) Hindu Marriage Act, 1955
C) Special Marriage Act
D) Christian Marriage Act
Correct Answer: B

Question 5: What is an example of a collateral relative in prohibited relationships?
A) Parent
B) Half-sibling
C) Uncle
D) Grandchild
Correct Answer: C

Question 6: What must a couple do to marry within prohibited relationships under customs?
A) Inform the police
B) Obtain family approval
C) Secure community leader certification
D) Follow traditional norms
Correct Answer: C

Question 7: How does the UCC protect against unethical marriages?
A) By promoting all marriages
B) By defining prohibited relationships
C) By eliminating community customs
D) By allowing free marriages
Correct Answer: B