Uttarakhand UCC bill opens a pandora’s box

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The Bill contains the laws relating to marriage, divorce, succession, live-in relationships, and related matters….reports Asian Lite News

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.

AIMPLB objects to UCC

All India Muslim Personal Law Board (AIMPB) disapproved of the Uniform Civil Code after the UCC Bill was tabled in the Uttarakhand State Assembly during its ongoing four-day session.

Maulana Khalid Rasheed Farangi Mahali, Executive Member of AIMPLB voiced his concern questioning the nature of the ‘uniform code’ if any community is exempted.

“As far as UCC is concerned, we are of the opinion that uniformity cannot be brought in every law and if you exempt any community from this UCC, how can it be called a uniform code?,” the AIMPLB member said.

“There was no need for any such uniform civil code,” he added.

He further stated that once the draft is presented before the Assembly, the legal team of AIMPLB will thoroughly examine it, following which they will decide on the course of action.

“After the draft is presented before the Assembly, our legal team study this and then the further course of action will be decided,” he said.

Uttarakhand Chief Minister Pushkar Singh Dhami earlier today tabled the 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.

Congress MP Abdul Khaleque alleged the move to implement UCC is an attempt to polarise.

“They bring up UCC to polarise, but it is not possible (to implement it),” said Assam Congress MP Abdul Khaleque.

Meanwhile, the Assam government is preparing to introduce a bill to end polygamy in the state during the upcoming budget session of the assembly.

An announcement in this regard was made by Assam Chief Minister Himanta Biswa Sarma earlier on February 2 following the approval of the Uniform Civil Code (UCC) draft report by the Uttarakhand cabinet.

CM Sarma announced that the state government is actively assessing the Uttarakhand UCC report and a decision on the prohibition of polygamy is expected during the upcoming budget session. (ANI)

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