Chief Minister Pushkar Singh Dhami on Tuesday tabled the Uniform Civil Code (UCC) bill in the Uttarakhand Assembly after which the House was adjourned.
The Bill contains the laws relating to marriage, divorce, succession, live-in relationships, and related matters.
Among the many proposals, the Uniform Civil Code Bill makes it compulsory for live-in relationships to be registered under the law.
Once the proposed UCC Bill is in place, “live-in relationships” will have to get registered under the law within 1 month from the “date of entering into the relationship”. To live in a live-in relationship, adults will have to obtain consent from their parents.
The Bill also imposes a complete ban on child marriage and introduces a uniform process for divorce. The Code provides equal rights to women of all religions in their ancestral property.
As per the UCC Bill, the age for marriage will be 18 for women and 21 for men in all communities. Marriage registration is mandatory in all religions and marriages without registration will be invalid.
No divorce petition will be allowed to be filed for one year of marriage.
Highlighting the ceremonies for marriage, the proposed UCC Bill noted that marriage may be solemnized or contracted between a man and a woman in accordance with the religious beliefs, practices, customary rites and ceremonies including but not limited to “Saptapadt”, “Ashirvad”, “Nikah”, “Holy Union”, “Anand Karaj” under the Anand Marriage Act 1909 as well as under, but not limited to, The Special Marriage Act, 1954 and Arya Marriage Validation Act, 1937.
However, nothing contained in the proposed UCC Bill will be applied to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 342 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.
Meanwhile, CM Dhami said that after the UCC Bill is passed, Uttarakhand will become a strong pillar of Prime Minister Narendra Modi’s vision of “One India, Best India”.
“With full responsibility, our government, taking all sections of the society along, has presented the Uniform Civil Code Bill in the Assembly. That historic moment is near for Devbhoomi when Uttarakhand will become a strong pillar of PM Modi ji’s vision of One India, Best India,” Dhami posted on X.
The passage of the UCC Bill will mark the fulfilment of a major promise made by the BJP to the people of the state in the run-up to the 2022 Assembly polls.
In March 2022, the Dhami government decided to constitute a committee to prepare a draft for the UCC. (ANI)
On 9th December 2022, Kirodi Lal Meena, a Rajya Sabha M.P. of the ruling Bharatiya Janata Party (BJP) introduced a private member bill on India’s Uniform Civil Code (UCC) in the Rajya Sabha that fuelled a fresh debate on an issue, which saw no resolution even in pre-Independence India and continues to haunt the political climate of India even today.
The sensitive nature of the issue besides giving political mileage to the BJP, affects various political parties, with respect to their stand on the issue. Plus, it also puts various religious communities coming under the purview of the UCC to give up their respective Personal Laws, particularly the Muslims, which are the largest religious minority in the country.
Let’s dissect the political motives first and then the response of the affected communities.
First, the audacious move of tabling the Private Member Bill in the Rajya Sabha came just one day after the BJP secured victory in the Gujarat assembly polls in December last. It reinforced the BJP’s political manifesto of enforcing Hindutva, which may also serve as the lynchpin of its political strategy for the upcoming general elections in 2024, by polarising the public.
Further, the second move to seek public opinion on the proposed UCC, in absence of any Draft of the proposed Bill, was a very astute move by the BJP. As it came within a week of the opposition parties’ meeting in Patna in June to formulate a united front and strategy to counter the BJP in the upcoming 2024 elections. As expected the move sowed division within the opposition’s ranks. Further, it saw an immediate half-baked response from the so-called leaders of the religious minorities – particularly the Muslims.
Muslim religious and community leaders without batting an eyelid immediately started opposing the UCC, and didn’t stopped to dwell on what grounds they were protesting and we saw a plethora of sentimentally rich and logically poor responses coming forth from them. The only common stand they took was that they oppose any interference in the Muslim Personal Law.
But I’m sure, neither the leaders nor their supporters know which Muslim Personal Law they are talking about. The one codified by any Muslim rulers like the Mughals, the Khiljis or the Tughlaqs or the ones before them? The answer is NO. In fact, the British colonialists codified the prevailing Muslim Personal Law, without any consultations from any Islamic jurist or scholar.
Before 1937, Muslims of all denominations, all over India, followed the uncodified local Hindu customs, practices and usages in addition to their personal law as per the Sharia. So the British just concurred on codifying the prevalent practices relevant to the marriage, divorce etc., but changed the ones relating to succession and division of property, in the case of Muslims.
It would be interesting to know at whose behest the colonial rulers codified the Muslim Law of Succession and Inheritance. It was none other than MA Jinnah, the leader of the Muslim League.
The Shariat Act of 1937 was imposed on Indian Muslims as a win-win political deal between the British, keen to divide Hindus and Muslims, and the Muslim League, keen to lure the Muslims away the Congress. In a manner this also suited Jinnah’s political strategy on how to secure a separate country for the Muslims, but it had an added personal angle also to it.
MA Jinnah’s daughter Dina married Nevile Wadia – a Parsi, against his wishes, though he himself had married a Parsi lady, Rattanbai Petit. To disown Dina and leave no inheritance for her, Jinnah made use of the recently introduced Shariat Act 1937 and nominated his sister Fatima as his successor. The Act, a joint strategy of the British and the League, contained provisions to sabotage the Islamic Sharia, by secretly smuggling the Hindu customs and usages into the 1937 Act to save the property rights of the Muslim leaders, Jinnah and the zamindars from harm by the Islamic Sharia. Did the Shariat Act of 1937 — now acclaimed as the holy law of Islam — contain Hindu law provisions to secure the property rights of the League leaders? Yes, it does.
Historian, KK Abdul Rahiman in The History of the Evolution of Muslim Personal Law in (1986) says the British gave strength to customs and usage that had long been adhered to particularly in matters of succession by sections of Indian Muslims.
Further, we have to realise that the UCC would not only affect Muslims but also Hindus, Sikhs, Christians, Jains, Jews, Parsis and other minorities and scheduled tribes in the country. And at the moment it is just a political gimmick of the government to polarise the electorate and also sow seeds of discord amongst the unified opposition. Muslim leaders need to bring other communities leaders at the same platform and also inform their Hindu brethren that the UCC will abolish the HUF provisions for filing Income Tax, thus it would increase the tax liability of Hindus also.
The UCC Bill has been introduced as a political reform by the BJP, guided by principles of Hindutva, as a response to replace the existing complicated set of personal laws. These personal laws are so complicated that even the Britishers didn’t dare to interfere with them. Further, the Constituent Assembly, besieged by two schools of thought, one supporting the UCC argued that it provided for the emergence of a secular and progressive nation, while the opponents felt it to be conflicting with the ideas of inclusiveness and pluralism, deemed it fit to circumvent the issue and leave it at the moment and thus chose to include it under the Directive Principles of the constitution, under Article 44 of the Constitution, and leaving it for the future generations to sort it out.
A realistic and practical understanding of how personal laws operate will indicate that the state’s organs and the Indian society are yet not ready, even after 73 years for the substantial revamp that such legislation would bring. Instead of gunning for political gains we should try to reflect the rich Indian diversity of traditions and their importance in common Indians’ daily life.
Lastly, the manner in which the Muslim leadership responded to the government’s move, shows its complete immaturity and the set manner of its traditional, out of touch with reality reactive response, completely bereft of any political nuances and strategy, which was also evident during the Babri Masjid movement, Triple Talaq issue etc.
Though it is high time but still there is time for the Muslim leaders to formulate a Unified Strategy and response to the UCC, in consultation with leaders of other religious minorities and political parties, so that this time they don’t get defeated by the government in its anti-Muslim campaign, though the chances of any such endeavour seem very remote.
(Asad Mirza is a Delhi-based senior political and international affairs commentator)
Sheeba Aslam, a Delhi-based writer and research scholar, says creating a Uniform Code for a country as diverse as India is neither feasible nor desirable. Her views:
Hindutva votaries are gleefully sustaining on the vicarious pleasure of seeing the Indian Muslim population trapped eternally in government-inflicted hurt and humiliation. Team Modi, backed by the foot-soldiers of the RSS and a capitalist media, have created a populace that simply does not want anything for itself — they don’t want health, employment, education, career opportunities, jobs, food, and basic law and order. Rather, they seem to only take great pride in the absence of these conditions and point at the abrogation of Article 370 in Jammu and Kashmir, getting a Supreme Court verdict in favour of Ram Mandir in Ayodya, the Triple Talaq law, the CAA-NRC, and ‘Love Jihad’ laws.
They also seem to rejoice at the Bilkis Bano case and several other cases of rape, murder and mass murder as in the Gujarat genocide, 2002. They seem to celebrate the convicts being set free, and position it as a Hindu triumph over Indian Muslims, who, according to them, should have left India for good during the Partition in 1947!
The raking up of the Uniform Civil Code (UCC) by the PM, soon after coming back from America, is definitely meant to-kick start the BJP election campaign for 2024, and the crucial assembly polls in the Hindi heartland before that, where it finds itself on a sticky wicket. It is, in fact, another attempt to placate his voters with another hurt and humiliation phenomena — directed towards Indian Muslims — who are, certainly, India’s most wretched in terms of socio-economic parameters, and the human development index, along with Dalits, the most backward castes and adivasis.
Since there is an obvious, hollowed emptiness that Modi and his team are facing in terms of actual performance on the ground, while facing people for votes for the third time, hence, in order to kick- start an aggressive electoral campaign, he is yet again using the trump-card of communal polarization in terms of UCC. Surely, he has no achievements to show; therefore, his attempt is to snatch away the socio-religious identity of the Indian minorities, and particularly that of Muslims, as the next item to please his fanatic supporters.
Sheeba Aslam has been organising events to promote Urdu literary culture in the Old City of Shahjahanabad in Delhi.
I don’t see much of a USA-angle to it, but this angle is in his vacuous call about the Pasmanda Muslims, where he tries to tell the world that the caste gentry of Indian Muslims have kept the OBC Muslims down-trodden, and that he is going to pursue their cause. However, he is not telling as to how is he going to pursue the Pasmandas’ welfare, when, apparently, 90 per cent victims of mob-lynchings, bulldozer justice, fake encounters, assaults on women, arson and love-jihad are largely Pasmanda Muslims only?
So far, he has not announced any policy or scheme to uplift them, neither has he assured an equal compensation amount to the victims of Hindutva hate crimes; nor has he assured the country-at-large of equality before law. Hence, in the stark absence of these basics, what is his offer to them?
As long as Modi and his cohorts, including compromised institutions like a big section of the mainline media, the Election Commission of India, and Enforcement Directorate, etc, are there, he just might continue to win. With no accountability of his government and party whatsoever, the issues of electoral Bonds, the PM Care Fund, with multiple conflicts of interest, will definitely be buried under the carpet.
The mammoth exercise of creating a UCC for such a diverse and large nation as India is not only impossible, but, also takes away the enforceable, constitutional guaranties that form the basis of any emancipatory document. Indeed, the Constitution of India upholds the accepted customs, traditions and cultural practices, the essential unity in diversity, across the multiple regions, identities and geographies of this pluralist and secular nation, as worthy of preservation.
The laws against domestic violence, Triple Talaq, Halala, polygamy, child-marriage, and the right to- education, employment, a life-partner and ancestral property, if enforced in their letter and spirit, are not going to take care of the deeper and inherited concerns of the weaker and oppressed communities. There can be more specific laws to weed out unjust and obscurantist practices, just like the law against the instant Triple Talaq, practiced among a section of the Sunni Muslims.
However, the truth is, in an atmosphere of fascist leanings when even the criminal penal code seems to be applied selectively by the Indian courts, envisaging a fair UCC is being much too optimistic. Undoubtedly, it cannot really discover any practical realism on the ground.
(The narrator is an Old Delhi-based writer, Islamic feminist, research scholar, gender-trainer, and literature enthusiast. She has extensively written on identity formations through cultural markers such as language, culture and cuisine in the modern, democratic Nation-State. She has been organising Adabi nashists, mushairas, kitabi tabsira, Dastangoi and musical events to promote Urdu literary culture in the Old City of Shahjahanabad in Delhi. The penetration of high culture of Turkiye, Iran, Uzbekistan and the rest of Central Asia is in focus in her academic research. She is currently pursuing her doctoral research on ‘Social Movements of Muslim Women in India’ in JNU, Delhi)
The Centre has not taken any decision as of now on the implementation of a Uniform Civil Code in the country, Union Law Minister Kiren Rijiju informed Rajya Sabha on Thursday.
The Minister was responding to a query regarding “whether Government has any plan to pass the Uniform Civil Code (UCC) Bill”. “As per the information received from the Law Commission, the matter related to the Uniform Civil Code (UCC) may be taken up by the 22nd Law Commission for its consideration. Therefore, no decision on the implementation of a uniform civil code has been taken as of now,” said Rijiju.
He further responded that the government had requested the 21st Law Commission of India to undertake an examination of various issues relating to UCC and to make recommendations thereon.
However, the term of the 21st Law Commission ended on August 31, 2018, informed the Law Minister.
On the queries regarding “whether the government is heading towards appointing its representative in the process of appointment of judges” and “whether the Government is considering to set up an independent regulator like Union Public Service Commission (UPSC) for appointment of judges?”, the Law Minister informed the Parliament that in its recent communication dated January 6, 2023, to Supreme Court of India, the Government has emphasized the need to finalize the MoP in view of various judicial pronouncements and inter-alia suggested that the Search-cum-Evaluation Committee in respect of appointment of Judges in the Supreme Court and Chief Justices of High Courts should consist of a representative nominated by Government of India.
For the appointment of Judges in the High Courts, the Committee should consist of a representative nominated by the Government of India and a representative of State Government(s) under the jurisdiction of the High Court as nominated by the Chief Minister(s).
It has been proposed that for appointment and transfer of Chief Justices and Judges of High Courts, the names recommended by the Chief Minister can be received by the Search-cum-Evaluation Committee along with the names taken from senior Judges outside the Collegium and eligible candidates taken from the database (Judicial Officers and Advocates) as maintained by the proposed Secretariat.
The High Court Collegium may deliberate upon panel of names drawn up by the Search-cum-Evaluation Committee and recommend the names of most suitable candidates for appointment of Judges in the Supreme Court, Chief Justices and Judges High Courts.
The Collegium at the appropriate level may address the above requirements of drawing up a panel of eligible candidates from the aforementioned sources and draw up their proceedings by rendering requisite reasons and thereafter send the proposal to the Government with relevant documents.
Law and Justice Minister while responding to queries in parliament stated that the appointment of judges of the Supreme Court and High Court is made under Articles 124, 217 and 224 of the Constitution of India which do not provide for reservation for any caste or class of persons.
“The Government has, however, been requesting the Chief Justices of High Courts that while sending proposals for the appointment of judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of judges in the High Courts,” said Rijiju.
Enabling representation of women judges in the High Courts against the sanctioned strength of 1108 Judges 775 Judges are working as on January 31, 2023, out of which 106 are women Judges which makes 9.5 per cent women Judges of the working strength in the High Courts, says Law and Justice Minister.
While responding to the queries in Parliament Kiren Rijiju also said the appointment of Judges and Judicial Officers in the District and Subordinate Courts falls within the domain of the High Courts and State Governments concerned.
The Supreme Court of India, through a judicial order in January 2007 in the Malik Mazhar Sultan case, stipulated that the process for recruitment of judges in subordinate courts would commence on 31st March of a calendar year and end by October 31 of the same year.
In the said case, the Supreme Court, taking suo-motu cognisance of a large number of judicial vacancies in lower courts, directed State Governments/UTs and Registrars General of jurisdictional High Courts to inform the position regarding filling up of judicial vacancies. The Supreme Court is monitoring the filling up of vacancies under the said judicial order.
Rijiju while replying to the queries also informed the Parliament that 768 Fast Track Special Courts were established under the Scheme of FTSCs, including 418 POCSO courts to deal with Rape and POCSO cases. Providing quicker justice to survivors.
It was also told in the Parliament that, based on the evaluation of the Gram Nyayalayas scheme undertaken by DMEO, NITI Aayog through M/s KPMG Advisory Services Pvt. Ltd. in 2019, the Scheme of Gram Nyayalayas has been extended from 2021-22 to 2025-26 along with the extension of Centrally Sponsored Scheme for the development of infrastructure facilities for judiciary with a financial outlay of Rs 50 crore for Gram Nyayalaya out of Rs 5357 crores allocated (Central Scheme) for Centrally-Sponsored Scheme, subject to the condition that review be undertaken after one year to assess whether Gram Nyayalaya Scheme has successfully achieved its objectives. (ANI)
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