The Uttarakhand Uniform Civil Code Bill (UCC) continues to come under fire. The All India Muslim Personal Law Board (AIMPLB) has dismissed the Bill as “mere eyewash and nothing more than political propaganda”.
“The Bill is inappropriate, unnecessary, and against diversity. Its real target is only Muslims as even the Scheduled Tribes have been exempted. It has been rushed to gain political advantage. This legislation, rushed through in a hurried manner, deals only with three aspects — the sphere of marriage and divorce in a cursory manner; and thereafter deals with succession laws; and finally live-in relationships, which undoubtedly will impinge on moral values of all the religions,” S.Q.R. Ilyas, the spokesperson of the Board.
According to Mr. Ilyas, while Scheduled Tribes are already excluded in this law, provisions for all other communities are included to provide for their customs and usages. For example, while the law provides degrees of prohibited relationships in which marriages cannot be solemnised, it also provides that such a rule is not applicable if the customs and usages of the parties permit otherwise. “The question that begs for an answer is then. Where is the uniformity then,” Mr Ilyas said.
One contentious aspect highlighted by the spokesperson was the equalisation of inheritance rights between genders, which conflicts with the principles of Islamic law, clearly categorised by the Quran.
Mr. Ilyas also spoke on the subject of polygamy. “Banning second marriage in the proposed law is also only for publicity purposes. The data provided by the government itself shows that its ratio is falling rapidly,” he said.
The Board recalled that issues such as marriage, divorce and succession, etc., were included in the Concurrent List of the Constitution. According to Article 245 of the Constitution, it is the Parliament that has the power to make laws on these subjects. “Only Parliament has exclusive power to make such legislation. The State’s power is subject to this exclusive power of the Parliament,” Mr. Ilyas said.
The Board also highlighted the alleged discriminatory treatment meted out in the proposed UCC. “As per Muslim Personal Laws (Shariat) Application Act, 1937, in any proceedings relating to marriage, divorce or succession, Muslims shall be governed by the same. Section 3 of the said Act provides a mechanism as well. Therefore, all that this law is doing is giving rise to multiple proceedings which will further choke the dockets of our overburdened courts,” Mr. Ilyas said.
The Board also wondered how a State legislation could override a Central legislation.
“The legal issues with the Code will definitely be dealt by the courts in due time as some of the provisions appear to be excessive and unconstitutional. It is sad that a law and a Legislative Assembly are being used to fool the electorate into thinking that some sort of Uniform Civil Code is enacted when, in truth, it is far from it. The law will lead to only a multiplicity of proceedings and confusion,” Mr. Ilyas said.
He also reminded the media that last year, in July, the country’s minorities, Dalits and Adivasis had held a joint press conference and rejected the UCC.
