The government of Uttarakhand, with Chief Minister Pushkar Singh Dhami at the helm, has presented the Uniform Civil Code Uttarakhand 2024 Bill (UCC) during the ongoing special assembly session.
This bill, scheduled for introduction on Tuesday, is aimed at establishing uniform civil laws that apply to all communities across the state.
Its development comes after the final draft received approval from the Uttarakhand Cabinet, marking a significant step towards fulfilling a major pledge outlined in the BJP’s 2022 assembly election manifesto.
The Uniform Civil Code essentially seeks to create a comprehensive framework governing personal matters such as marriage, divorce, adoption, inheritance, and succession for all citizens, irrespective of their religious affiliations.
The idea is to replace the existing set of personal laws that currently vary based on religious backgrounds.
Back in 2022, the Uttarakhand government formed a panel chaired by retired Supreme Court judge Ranjana Prakash Desai to draft the UCC.
This panel, comprising retired justice Pramod Kohli, social activist Manu Gaur, former Uttarakhand Chief Secretary Shatrughan Singh, and Doon University Vice Chancellor Surekha Dangwal, worked extensively to compile a detailed report spanning over 740 pages across four volumes.
The process involved extensive public engagement, with the panel collecting feedback through various means, including written submissions, online platforms, public forums, and outreach programs.
More than 60,000 individuals actively participated in this process, contributing to the formulation of the UCC Bill. Chief Minister Dhami has stressed that the bill reflects the outcomes of inclusive dialogue, careful deliberation, and public input.
Reports suggest that the UCC Uttarakhand 2024 Bill incorporates several recommendations, such as the prohibition of polygamy and child marriage.
It also includes provisions for equal property rights for sons and daughters, elimination of distinctions between legitimate and illegitimate children, equitable property distribution post-death, and recognition of both adopted and biological children.
Union Minister for Law and Justice Arjun Ram Meghwal has highlighted the broader significance of the UCC, noting its historical roots dating back to the drafting of the Constitution.
He mentioned ongoing discussions at the Law Commission of India and commended states like Goa for their proactive efforts in addressing this matter.
Muslim concerns
The debate surrounding the Uniform Civil Code (UCC) has gained renewed attention since June 27, when Indian Prime Minister Narendra Modi advocated for it during a public meeting of BJP members in Bhopal. He emphasized the need for a unified legal framework, arguing that having different laws for different segments of society would hinder the country’s smooth functioning, likening it to a family with conflicting rules for its members.
This stance has ignited intense discussions. Supporters of the UCC argue that it would foster equality, social justice, and national integration, presenting a significant opportunity for the country. However, opponents, particularly among religious communities, express concerns that a uniform set of laws would encroach upon their rights and undermine cultural autonomy and religious freedom.
While Muslims have often been at the forefront of opposing the UCC, it’s important to recognize that this issue transcends religious boundaries. It impacts various social groups, including hundreds of tribal communities, each with its unique socio-cultural identity. The All India Muslim Personal Law Board has explicitly stated that India’s multi-faith nature guarantees every citizen the right to practice and profess their religion, cautioning against imposing a uniform code that could impede such freedoms.
Major Muslim organizations have jointly voiced their opposition to the UCC, calling on the government to respect religious freedom as enshrined in the constitution. They argue that the imposition of a uniform code would infringe upon these rights. The signatories to this statement include prominent figures from different denominations, underscoring the widespread concern within the Muslim community.
One key point of contention is the perceived conflict between the UCC and fundamental rights guaranteed by the Indian Constitution. Articles 25 to 28 affirm the right to freedom of religion, ensuring individuals and religious denominations the freedom to practice and propagate their faith without interference. Critics argue that imposing a uniform code could undermine these constitutional protections, creating a paradox between equality and religious freedom.
Additionally, the issue of compatibility with Sharīʿa Law, which governs the lives of Muslims based on Islamic principles, further fuels opposition among Muslims. Sharīʿa Law, derived from the Quran and Sunnah, holds sacred significance for Muslims, who are deeply resistant to any compromise on its practice or sanctity. The concept of a uniform civil code, which may conflict with Sharīʿa Law, is viewed as a direct challenge to Muslim identity and religious practices.
In summary, Muslims’ opposition to the Uniform Civil Code stems from concerns about its potential infringement on religious freedom, its perceived conflict with constitutional rights, and its disregard for Sharīʿa Law, which holds deep religious significance for the Muslim community.