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Where is uniformity, AIMPLB asks as Uttarakhand UCC passes House

The Uttarakhand Assembly Wednesday February 07, 2024 passed the Uniform Civil Code Bill 2024 even as the All India Muslim Personal Law Board (AIMLB) said it lacks uniformity. Read More

Thursday February 8, 2024 10:10 PM , ummid.com News Network

Where is uniformity, AIMPLB asks as Uttarakhand UCC passes House

Dehradun/New Delhi: The Uttarakhand Assembly Wednesday February 07, 2024 passed the Uniform Civil Code Bill 2024 even as the All India Muslim Personal Law Board (AIMLB) said it lacks uniformity.

“The Uttarakhand Uniform Civil Code (UCC) is unnecessary, inappropriate and against the diversity of the country”, All India Muslim Personal Law Board said.

Asserting that the UCC has been rushed to gain political advantage, the Muslim Panel called it an “eyewash” and a “political propaganda”.

The Muslim Personal Law Board also said that the Uttarakhand UCC lacks “uniformity” and deals only with three aspects including marriage and divorce, succession and live-in- relationship.

“While STs are already excluded in this law, for all other communities provisions are included to accommodate their customs and usages. The question that begs for an answer is then where is the uniformity?” the Muslim Panel asked.

The Muslim Law Board said that banning second marriage has been done only for publicity as the cases of second marriages are declining that even the government admits.

“Hindu Code”

Uttarakhand Assembly passed the UCC despite protests and a strong demand by the opposition to refer it to Select Committee.

Slamming the Uttarakhand UCC, AIMIM Chief and Hyderabad MP Asaduddin Owaisi termed it a “Hindu Code” imposed on all.

"The Uttarakhand UCC Bill is nothing but a Hindu Code applicable for all. Firstly, Hindu undivided family has not been touched. Why? If you want a uniform law for succession and inheritance, why are Hindus kept out of it? Can a law be uniform if it doesn’t apply to the majority of your state?" Owaisi wrote on social media platform X, formerly Twitter.

Owaisi also said that the Uttarakhand UCC can't be called uniform if the Tribals are excluded from the code.

"There are other constitutional and legal issues. Why have Tribals been excluded? Can it be uniform if one community is exempt," he said.

Questioning in the claim of uniformity by the BJP, activist and former MP Subhashini Ali, said excluding Tribals and Hindu Undivided Families (HUF) from the UCC is the biggest loopholes in this.

“If they think the UCC is good for women then why shouldn’t Tribal women enjoy its benefits?” she asked.

The UCC that we see in Uttarakhand has been cleverly drafted by the Manuvadi mindset, she said.

BJP manifesto

The implementation of the Uniform Civil Code (UCC) was part of the BJP manifesto and the Bill was introduced in the Assembly by Chief Minister.

The BJP government in Uttarakhand convened a Special Session of the State Assembly from February 05 to 08, 2024 to discuss a draft of what it calls a ‘Uniform Civil Code (UCC)’.

A five-member committee, headed by retired Supreme Court Judge Ranjana Prakash Desai, submitted the draft of the Uniform Civil Code (UCC) to Pushkar Singh Dhami on February 02, 2024. The committee formed in May 2022 was given four extensions to submit its report.

The 300-page draft of the proposed UCC is titled ‘Fostering Equality Through Uniformity’ and at a first glance appeared to be focusing mostly around the “Muslim centric” issues like Halala, Iddat, Polygamy, Triple Talaq etc.

The Bill proposes to make Halala, Iddat and Triple Talaq punishable acts but it does not directly mentioned polygamy. It however says marriage will be only accepted legal if neither husband nor wife has a living partnter.

On the other hand, the draft UCC which Uttarakhand intends to implement allows ‘live in relationship’ subject to mandatory registration in the state.

Interestingly, the draft though dubbed uniform law for every citizen has exempted the tribals from the purviews of the proposed law.

The Uniform Civil Code is a contentious issue in India for decades. Though the BJP and RSS have intention to implement it in the whole country, critics say it is a difficult task considering the diverse nature of India.

 

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