‘This law is not against anyone. It is for women who have to face difficulty because of social norms,’ CM Dhami said.
Just before the parliamentary elections, the BJP government in Uttarakhand has seen through a landmark bill on Uniform Civil Code opening the door for the saffron party to claim success in fulfilling the long-standing promise, along with two other foundational issues like abrogation of Article 370 and Ram Mandir.
The Uniform Civil Code, which will be applicable within the state when it becomes a law, brings a common law for marriage, divorce, inheritance of property, etc., which were earlier governed by personal laws of every religion. Registration of marriages, including those by Muslims and Sikhs, will be a pre-condition for availing state government’s welfare schemes.
Prime Minister Narendra Modi has been a strong advocate of UCC, saying that it is envisioned in the Constitution and even the Supreme Court has asked for it to be implemented.
Over the years, the loudest opposition to the UCC has been from Muslims and the Sikhs whose marriage laws will be over-ridden with the implementation of the new legislation. However, the BJP has pursued the issue, calling it a matter aimed at the welfare of women who often suffer due to polygamy and desertion. Party sources said the passage of the UCC legislation in Uttarakhand may also be highlighted as a success story during the campaign for Lok Sabha elections.
BJP leaders admit that implementation of UCC in Uttarakhand may be a test case for examining the constitutionality of the provisions related to freedom to practice religious beliefs and right to privacy.
Following the passage of the Uniform Civil Code Bill during the special session of the Uttarakhand Assembly, Chief Minister Pushkar Singh Dhami said that the law will ensure uniformity and equality in the state. “This law is not against anyone. It is for women who have to face difficulty because of social norms. This will boost their self-confidence. This law is for the holistic development of women. We will implement it in the state as a law as soon as the President signs it,” Dhami told reporters.
However, the move also drew criticism from the Opposition Congress. Harish Rawat, former Uttarakhand Chief Minister, hit out at the introduction of UCC in the state as a sign of tokenism adopted by the BJP. “Why should our state be used for tokenism? If UCC had to be brought in, it should have been brought in by the Central government which would have become applicable to the entire country. By allowing such tokenism in Uttarakhand, the government has given ideas to other state governments to introduce UCC at their own level.”
AIMIM chief Asaduddin Owaisi reacted to the introduction of the UCC Bill in Uttarakhand Assembly by saying that it is nothing but a “Hindu code” applicable to all communities and forces Muslims to follow the culture of other religions.
He posted on X, “It can’t be called uniform if the tribals are excluded from the code. There are other constitutional and legal issues. Why have tribals been excluded? Can it be uniform if one community is exempt?”
BJP national spokesperson Shazia Ilmi dismissed the critics of the women-welfare oriented legislation and said it would yield long term benefits. “I congratulate the Uttarakhand government for the UCC legislation.
It will fulfill what is stated in Article 44 of the Constitution that says that the State shall endeavour to secure the citizens a Uniform Civil Code throughout the territory of India,” she said. “If criminal laws are the same for all citizens, regardless of religion, the same should be the case with laws which govern marriage and divorce and succession,” she said, adding that now Muslims will be able to adopt children which wasn’t the case earlier.
Earlier, Dhami recalled the journey that led to the fulfilment of his government’s commitment to the UCC. He said an expert committee was constituted to introduce a uniform civil code in his first cabinet meeting itself. On 27 May 2022, a five-member committee was constituted under the leadership of retired Supreme Court judge Ranjana Prakash Desai. “This Jan Samvad Yatra, which started in the border village of Mana, ended in New Delhi after about nine months by conducting 43 Jan Samvad programmes,” Dhami said.
“More than 2.32 lakh suggestions were received. About 10% of the families in the state gave their suggestions for the formulation of a law. It is a direct proof of the awareness of the people of our state,” he added.
The UCC panel looked into changes made by Turkiye, Indonesia, Saudi Arabia and Bangladesh and other Muslim-majority nations, many of which have moved beyond the Sharia on issues of marriageable age, polygamy and divorce.