Uttarakhand: Muslim Groups Plan to Challenge Legal Validity of UCC

Dehradun: Uttarakhand has become the first state in the country to implement the controversial Uniform Civil Code (UCC), with the launch of a portal for registration under the new law, which was on the agenda of the Sangh Parivar. The portal was launched on Monday by Chief Minister Pushkar Singh Dhami along with his ministerial and party colleagues. Dhami also became the first one to register himself on the new portal.

While, the state Bharatiya Janata Party (BJP) government implemented the UCC with much fanfare, minority Muslim group protested against the new law terming it as an infringement in their religious and personal laws and alleged that UCC was part of the long-term plan by Hindutva forces to target Muslims and other minority groups.

Muslim groups, including Jamaait Ulema-e-Hind, Muslim Sewa Sangathan and Muslim Personal Law Board plan to challenge the legal validity of the UCC. The main opposition Congress has also raised questions about the new legislation.

Speaking on the occasion, Dhami said it was a “historic” day as a law that would “treat all the citizens equally” has been implemented. Former Uttarakhand Chief Secretary Shatrughan Singh, who was a member of the rules and regulation drafting committee, highlighted the salient features of the Act. He said the UCC portal would allow citizens to register marriages, divorces, succession rights, live-in relationships, and their terminations. The process can be completed remotely, with applicants receiving updates via email or SMS. 

The UCC applies to all residents of Uttarakhand, including those living outside the state. However, Scheduled Tribes and individuals under the protection of specific authorities are exempt from its provisions.

The new Act provides legal marriage age at 21 for men and 18 years for women, polygamy, ‘halala’ and ‘Iddat’ stand prohibited across all religious communities. A marriage can be performed according to religious customs but registration within 60 days is mandatory, Live-in relations will require registration within one month, otherwise defaulters would face legal action.

The UCC aims to simplify the creation, cancellation and modification of wills and codicil for testamentary succession, and armed forces personnel and mariners can create a ‘privileged will’ under flexible rules. Both men and women have equal grounds for divorce, ensuring gender neutrality in the divorce process under the Act.     

On Monday, Muslim Sewa Sangathan, led by Dehradun ‘Shahar Qazi’ Maulana Ahmed Qasmi, held a demonstration at District Magistrate office and submitted a memorandum addressed to the Governor charging the BJP government of “direct interference” in the personal laws and religious beliefs of the Muslim community, which are guaranteed by the Constitution.

“This Act does not guarantee uniformity but is definitely against unity of the society,” said Maulana Ahmed Qasmi. The community pledged to fight the new legislation in a democratic manner.

Nayeem Quraishi, president of the sangathan, announced that his organisation would agitate and knock at the doors of the judiciary against this “unjust” Act that targets Muslims in particular and minorities in general.

Razia Baig, a former chairperson of the Uttarakhand Bar Council said she along with others would challenge the Act in the High Court on behalf of Jamaait Ulema-e-Hind, a body of clerics in the country.  All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has also criticised the UCC and called it a 'Hindu code' applicable to all communities. 

Meanwhile, there are reports that the Muslim Personal Law Board is planning to legally challenge the new code.

Suryakant Dhasmana, senior vice-president of Uttarakhand Congress also charged the BJP government of failing to inform the general public about the benefits of UCC, which is “being used to instigate, target and interfere in the affairs of a particular community with a sinister aim of pleasing the majority community for political gains.” He said, “This would not benefit anyone but infringe upon the personal lives of youngsters as well.”

The UCC which promises to provide uniformity in marriage, divorce, succession and live-in relationships and matters related thereto raises more questions and adds to the confusion than providing any kind of ‘promised uniformity’.

The uniformity in the UCC is missing in its preamble that states that it would not apply to members of the STs. The question arises that if UCC is beneficial for all the citizens of the state, then why are members belonging to STs been deprived of these benefits? Also, the argument that these communities need to be taken into confidence before any such move, has not been applied to the Muslim community and other minority groups.

“The talk by the Sangh Parivar and BJP about Article 44 regarding having a UCC is only part of the Directive Principles and is a suggestion like many other suggestions. Are they following the Constitution in letter and spirit?” said Dhasmana.  

Uttarakhand Chief minister Pushkar Singh Dhami with his ministerial colleagues during the launch of portal for UCC and its implementation in Dehradun on Monday.

But the ruling BJP does not want to annoy the STs.

Some other salient features of UCC also raise questions about its applicability and legitimacy before a court of law. Interestingly, this code “extends to whole state of Uttarakhand and also applies to the residents of Uttarakhand who reside outside the territories to which this code extends”. This could be problematic and would be in conflict with other applicable laws in other states and Union territories of the country.

For instance, UCC makes live-in relationships mandatory to be registered and the failure to do so would bring legal action. Generally, most people, particularly the youth, conceal their live-in relationships and would hesitate to come forward to get themselves registered on a portal open for public viewing. Doesn’t this infringe upon the privacy rights of the individuals? Also, what the Uttarakhand residents living outside in such relationships do?

Similarly, the UCC states that marriages and divorces should be registered. Already there is provision for marriages to be registered but by making registration of divorces, that too in public registers, would again infringe upon personal and privacy rights.

The UCC, as per the ‘Sangh Parivar’ agenda, is being seen as targeting the minorities, particularly Muslims, in the matters of marriage, divorce, re-marriage and succession. As per its provisions, more than one marriage is banned, which would affect Muslim Personal Law that allows up to four marriages for a Muslim man.  The practice of ‘Iddat’ followed by Muslim women after divorce or death of their husband and ‘Halala’ also stands repealed.

Also, the age of marriage for girls is proposed at 18 and that of man at 21 years, which are provisions already existing in Hindu laws, but among Muslims, puberty is the criterion for age of girls that is normally above 15 years.    

The UCC also ignores the fact that most of the issues related to marriage, divorce, re-marriage, adoption and succession are already covered by separate personal laws of Hindus, Muslims, Christians and Jews. It is an established norm that if the legislative space is already occupied by a Central law that would override any other law passed by any state legislature on similar issues. 

The Sangh Parivar has wisely chosen Uttarakhand and its’ recent ‘Hindutva’ heart throb, Chief Minister to float the balloon of UCC in the latest ‘Hindutva’ laboratory. A euphoria is being created in the name of UCC and attempts are being made to claim that a “long-standing” demand of the people of the country has been met by the ruling BJP.

The ruling ‘Sangh Parivar’ dispensation is also terming the opposition by Muslims as their ‘resistance’ for reforms, leading to further communal polarisation to their political benefit.

The coming court battles on UCC and the resultant publicity by a pliant media would also be to the advantage of the ruling dispensation, it is felt.

Although, the Constitution talks of having a UCC for the entire country, the attempt by the ‘Sangh Parivar’ to float its version of it, is a bid to further communally polarise the population of Uttarakhand and reap political benefits, as also test the waters for its nation-wide implementation at a later stage.     

The writer is a freelancer based in Dehradun, Uttarakhand. The views are personal.