Uttarakhand becomes first state to implement UCC amidst opposition, protest by Muslims

Uttarakhand becomes first state to implement UCC amidst opposition, protest by Muslims
S.M.A.KAZMI
Dehradun , Jan 27
Uttarakhand become the first state in the country to implement Uniform Civil Code (UCC), with the launch of the portal for registration under the new law, which was on the agenda of the ‘Sangh Parivar’, by Uttarakhand Chief Minister Pushkar Singh Dhami along with his ministerial and party colleagues, here today. Chief Minister Dhami also become the first one to register himself on the new portal.
While, the state BJP government implemented the UCC with much fanfare, minority Muslim group protested against the new law terming it as an infringement in their religious and personal laws and alleged that UCC was part of the long term plan to target Muslims and other minority groups.
The Muslim groups including Jamaait Ulema –e-Hind, Muslim Sewa Sangathan and Muslim Personal Law Board plan to challenge the legal validity of the UCC. The main opposition Congress has also raised question about the new legislation.
Speaking on the occasion, Chief Minister Pushkar Singh Dhamai said that it was a historic day as a law which would treat all the citizens equally has been implemented. Former Uttarakhand Chief Secretary Shatrughan Singh, who was a member of the rules and regulation drafting committee highlighted the salient features of the Act. He explained that the UCC online portal, will allow citizens to register marriages, divorces, succession rights, live-in relationships, and their terminations. The process can be completed remotely, with applicants receiving updates via email or SMS. The UCC applies to all residents of Uttarakhand, including those living outside the state. However, Scheduled Tribes and individuals under the protection of specific authorities are exempt from its provisions.
The new Act provides legal marriage age at 21 for men and 18 years for women, polygamy, ‘halala’ and ‘Iddat’ stand prohibited across all religious communities. Marriage could be performed according to religious customs but registration within 60 days is mandatory, Live-in relations will require registration within one month, otherwise defaulters would face legal action.
The UCC simplifies the creation, cancellation and modification of wills and codicil for testamentary succession and armed forces personal and mariners can create a ‘privileged will’ under flexible rules. Both Men and women have equal grounds for divorce, ensuring gender neutrality in the divorce process under the Act.
Muslim Sewa Sangathan, a Muslim organisation led by Dehradun ‘Shahar Qazi’ Maulana Ahmed Qasmi held a demonstration at District Magistrate office and submitted a memorandum addressed to the state Governor charging the state BJP government of direct interference in the personal laws and religious beliefs of the Muslim community which are guaranteed by the Indian Constitution. “This Act is does not guarantee uniformity but is definitely against unity of the society,” said Maulana Ahmed Qasmi. The community pledged to fight the new legislation in a democratic manner. Nayeem Quraishi,President of Sangathan announced that his organisation would agitate and knock at the door of judiciary against this unjust Act which targets Muslims particularly and minorities in general.
Razia Baig, a former chairperson of the Uttarakhand Bar Council said that she along with others would challenge the Act in the High Court on behalf of Jamaait Ulema e Hind, a body of clerics in the country. All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has also criticised the UCC and called it a ‘Hindu code’ applicable to all communities. There are reports that Muslim Personal Law Board is planning to legally challenge the new code.
Suryakant Dhasmana, Senior vice-president of Uttarakhand Congress also charged the BJP state government has failed to inform general public about the benefits of UCC which is being used to instigate, target and interfere in the affairs of a particular community with a sinister aim of pleasing the majority community for political gains. “ This would not benefit anyone but infringe upon the personal lives of youngsters as well,” he added.

The UCC which promises to provide uniformity in marriage, divorce, succession and live-in relationships and matter related thereto raises more questions and adds to the confusion than providing any kind of ‘promised uniformity’.
The uniformity in the Uniform Civil Code, Uttarakhand, 2024 Bill lay in tatters in its preambles which states that the bill would not apply to members of the scheduled tribes. The question arises that If the bill is beneficial for all the citizens of the state, then why members belonging to the Scheduled Tribes have been deprived of this piece of legislation. The answer that these communities needed to be taken into confidence before any such move has not been applied to the Muslim community and other minority groups.
“The talk by the ‘Sangh Parivar’ and BJP about Article 44 regarding having a Uniform Civil Code (UCC) is only part of Directive Principles and is a suggestion like many other suggestions. Are they following the Constitution in letter and spirit?,” asked Suryakant Dhasmana.
But the ruling ruling dispensation does not want to annoy the Scheduled Tribes.
Some of the other salient features of the UCC also raises questions about its applicability and legitimacy before the court of law. Interestingly, this code if passed and applied would “extend to whole state of Uttarakhand and also applies to the residents of Uttarakhand who resides outside the territories to which this code extends”. This could be problematic and would be in conflict with other applicable laws in other states and union territories of the country.
For instance, the bill proposes to make live-in relationships mandatory to be registered and failure to do so would bring legal action. Generally, most of the people particularly young conceal their live in relationships and would hesitate to come forward to get themselves registered in a register which would be open for public viewing. Would this fringe upon the privacy rights of the individuals? What the Uttarakhand residents living outside in such relationships do?
Similarly, the UCC states that marriages and divorces should be registered. Already there is provision for marriages to be registered but by making registration of divorces that too in public registers would again infringe upon personal and privacy rights.
The Bill as per ‘Sangh Parivar’ agenda targets minorities particularly the Muslims in the matters of marriage, divorce, re-marriage and succession. As per the provisions of UCC, more than one marriage is banned which would affect Muslim Personal Law which allows up to four marriages for a Muslim man. The practice of ‘Iddat’ followed by Muslim women after divorce or death of their husband and ‘Halala’ also stands repealed.
The age of marriage for girls is proposed at 18 and that of man at 21 years. These provisions are already there in the Hindu laws but in Muslims, puberty is the criterion for age of girls that is normally above 15 years.

The proposed UCC ignores the fact that most of the the issues related to marriage, divorce, re- marriage, adoption and succession are already covered by separate personal laws of Hindus, Muslims, Christians and Jews. It is an established norm that if the legislative space is already occupied by a central law that would override any other law passed by any state legislature on similar issues. All these issues are already covered under Hindu laws for Hindus and Muslim personal laws passed by the Parliament.
The Muslims would be affected in succession, marriage and remarriage as the UCC would infringe upon their personal laws. This clearly shows that it is only aimed targeting the minorities. The Muslim community are covered by Muslim Personal laws as per ‘Quran’ and ‘Shariat’ regarding marriage, divorce and inheritance.
The ‘Sangh Parivar’ has wisely chosen Uttarakhand and its’ recent ‘Hindutva’ heart throb Chief Minister Pushkar Singh Dhami to float the ballon of Uniform Civil Code(UCC) in the latest ‘Hindutva’ laboratory of Uttarakhand. Interestingly, the euphoria is being created in the name of UCC and attempts are being made to show that a long standing demand of the people of the country have been met by the ruling BJP.
The ruling ‘Sangh Parivar’ dispensation would also highlight the opposition by the Muslims against UCC as their ‘resistance’ for reforms and further lead to communal polarisation much to their political benefit in the long run. The coming court battles on UCC and resultant publicity by plaint media would also be to the advantage of the ruling dispensation.
Although, the Constitution of India talks of having a Uniform Civil Code (UCC) for the entire country, the attempt by ‘Sangh Parivar’ to float the ballon of UCC is an attempt to further polarise communally, reap political benefits and then test the waters for its’ nation wide implementation at a later stage.