![\"\"](\"https:\/\/thenortherngazette.com\/wp-content\/uploads\/2025\/01\/UCC1.jpg\")
<\/p>\n
The UCC \u00a0which 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 \u2018promised uniformity\u2019.<\/p>\n
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.<\/p>\n
\u201cThe talk by the \u2018Sangh Parivar\u2019 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?,\u201d asked Suryakant Dhasmana.<\/p>\n
But the ruling ruling dispensation does not want to annoy the Scheduled Tribes.<\/p>\n
Some of the other salient features of the UCC \u00a0also raises questions about its applicability and legitimacy before the court of law. Interestingly, this code if passed and applied would \u201cextend to whole state of Uttarakhand and also applies to the residents of Uttarakhand who resides outside the territories to which this code extends\u201d. This could be problematic and would be in conflict with other applicable laws in other states and union territories of the country.<\/p>\n
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?<\/p>\n
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.<\/p>\n
The Bill as per \u2018Sangh Parivar\u2019 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. \u00a0The practice of \u2018Iddat\u2019 followed by Muslim women after divorce or death of their husband \u00a0and \u2018Halala\u2019 also stands repealed.<\/p>\n
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.<\/p>\n 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.\u00a0 All these issues are already covered under Hindu laws for Hindus and Muslim personal laws passed by the Parliament.<\/p>\n 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 \u2018Quran\u2019 and \u2018Shariat\u2019 regarding marriage, divorce and inheritance.<\/p>\n The \u2018Sangh Parivar\u2019 has wisely chosen Uttarakhand and its\u2019 recent \u2018Hindutva\u2019 heart throb Chief Minister Pushkar Singh Dhami to float the ballon of Uniform Civil Code(UCC) in the latest \u2018Hindutva\u2019 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.<\/p>\n The ruling \u2018Sangh Parivar\u2019 dispensation would also highlight the opposition by the Muslims against UCC as their \u2018resistance\u2019 for reforms and further lead to communal polarisation much to their political benefit in the long run. The coming court battles on UCC \u00a0and resultant publicity by plaint media would also be to the advantage of the ruling dispensation.<\/p>\n Although, the Constitution of India talks of having a Uniform Civil Code (UCC) for the entire country, the attempt by \u2018Sangh Parivar\u2019 to float the ballon of UCC is an attempt to further polarise communally, reap political benefits and then test the waters for its\u2019 nation wide implementation at a later stage.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" 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 \u2018Sangh Parivar\u2019, by Uttarakhand Chief …<\/p>\n","protected":false},"author":4,"featured_media":6343,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[92,33,1284,91,56,59],"tags":[2957,3065,3066,1826,3064,2540,458,102,165],"class_list":["post-6342","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-international","category-international-political-national","category-national","category-politics","category-uttarakhand","tag-islamophobiainuttarakhand","tag-jamaait-ulema-e-hind","tag-muslim-personal-law-board","tag-muslim-personal-laws","tag-nayeemquraishipresident-muslimsewasangathandehradun","tag-suryakantdhasmanaseniorvice-presidentuttarakhandcongress","tag-uniform-civil-codeucc","tag-uttarakhand","tag-uttarakhand-congress"],"yoast_head":"\n![\"\"](\"https:\/\/thenortherngazette.com\/wp-content\/uploads\/2025\/01\/UCC3.jpg\")