AMN / NEW DELHI
“Uniform Civil Code Bill introduced in the Uttarakhand Assembly is inappropriate, unnecessary and against the diversity, which has been rushed to gain political advantage. It is a mere eyewash and nothing more than a political propaganda” said the All India Muslim Personal Law Board in a statement.
All India Muslim Personal Law Board spokesperson Dr. S. Q. R. Ilyas in a press statement said that this legislation brought, in a hurried manner, deals only with three aspects – firstly, the sphere of marriage & divorce in a cursory manner, thereafter deals with succession albeit in-extenso and lastly as well as strangely conceives a new legal regime for live-in relationships which undoubtedly will impinge on moral values of all the religions,
While Scheduled Tribes are already excluded in this law, for all other communities provisions are included to provide for their customs and usages. For example, while the law provides degrees of prohibited relationships in which marriages cannot be solemnised, it also provides that such rule is not applicable if the customs and usages of the parties permit otherwise. The question that begs for an answer is then where is the uniformity then?
One contentious aspect highlighted by the spokesperson is the equalization of inheritance rights between genders, which conflicts with Islamic law principles clearly categorised by the holy Quran.
He emphasized that Islam mandates equitable distribution based on financial responsibilities within the family, with women having distinct shares in line with their roles and obligations.
Banning second marriage in the proposed law is also only for publicity purposes. Because the data provided by the government itself shows that its ratio is also falling rapidly. Second marriage is not done for fun but because of social necessity.
The Scheduled Tribes have already been excluded from the Act, all other caste communities have been exempted from their customs. For example, when this proposed law provides a list of prohibited relationships, in which marriages cannot be performed, it also provides the facility that if the customs of the parties allow otherwise, this rule will not apply. When a problem calls for an answer, then where is the uniformity?
It must also be remembered that issues such as marriage, divorce, succession etc. are included in the concurrent list of the Constitution. As per Article 245 of the constitution, it is the Parliament which has the law making power on these subjects. Only parliament has exclusive power to make such legislation. State’s power is subject to this exclusive power of the parliament.
As per Muslim Personal Laws (Shariat) Application Act, 1937, in any proceedings relating to marriage, divorce or succession, Muslims shall be governed by the same. Section 3 of the said Act provides a mechanism as well. Therefore, all that this law is doing is giving rise to multiple proceedings which will further choke the dockets of our overburdened courts. While the bill seeks to give itself an overriding effect by envisaging that the will be applicable across state dehors the pre existing legislations on the subject. Another question that emerges and begs for an answer is as to how a State legislation can override or repeal a Central legislation, without even naming it.
The legal issues with the Code will definitely be dealt by the courts in due time as some of the provisions appear to be excessive and unconstitutional, it is sad that a law and a legislative assembly is being used to fool electorate into thinking that some sort of Uniform Civil Code is enacted when in truth it is far from it. The law will lead to only multiplicity of proceedings and confusion.
According to the Muslim Personal Law (Sharia) Application Act 1937, matters relating to marriage, divorce and inheritance will be governed by the same law. Section 3 of the Act also provides for their procedure. But the said Uttarakhand law is giving rise to multiple proceedings simultaneously, which is feared to further burden our already overburdened courts. Here another question arises as to how a State law can supersede or abrogate a Central law, and that too without naming it. We are sure that some of the legal contradictions will be resolved by the courts in due course as some of the clauses are transgressive and unconstitutional. It is a sad fact that in the name of Uniform Civil Code, a legislative assembly is trying to deceive the voters of the country that it has really done a great job, although it has not. This proposed law will only lead to multiplicity of actions and mere confusion.
Dr. Ilyas further said that it is also important to clarify here that last July the country’s minorities, Dalits and Adivasis held a joint press conference and rejected the Uniform Civil Code by saying that it was given by the Constitution of India. It is against fundamental rights and against religious and cultural diversity. The Scheduled Tribes have been exempted from the proposed Tarakhand Act, then how can it be declared a Uniform Civil Code when the state has a significant population of tribals and many exemptions have been given to the majority section, which makes it a candidate. It happens that the real target of the law is only Muslims.
Uttarakhand Assembly passes Uniform Civil Code Bill
The Uttarakhand government today passed the Uniform Civil Code- UCC Bill in the State Assembly in Dehradun on Wednesday. With this, Uttarakhand has become the first state of independent India to enact the UCC Bill.
The bill was passed after a discussion that lasted for about ten hours in the Assembly.Around a ten-hour discussion was carried out in the Uttarakhand Assembly to pass the UCC Bill. While discussing in the House today, Chief Minister Pushkar Singh Dhami emphasized that the UCC is not merely a bill but the formula for the unity of the country. He expressed pride for the state in passing the bill in the House and stated that the Uniform Civil Code would grant equal rights to everyone without discrimination in areas such as marriage, maintenance, adoption, inheritance, divorce.
Throughout the discussion, the opposition repeatedly demanded that the UCC Bill should be handed over to the Select Committee. The opposition stated that they are not against the UCC but mentioned that some amendments are still necessary in the bill. During the discussion, BJP MLA Munna Singh Chauhan lamented the Congress government’s failure to introduce the UCC law for so many years. He said that the UCC is the need of the hour and Muslim daughters and women are welcoming it. Cabinet Minister Saurabh Bahuguna underscored the UCC as a law safeguarding the citizens’ interest and mentioned that amendments to the bill could be made later if required.