Dehradun: The implementation of the Uniform Civil Code (UCC) in Uttarakhand has sparked significant protests from the Muslim community and political opposition.
The UCC, which came into effect yesterday, aims to standardize personal laws related to marriage, divorce, inheritance, and adoption, regardless of religion, caste, or community. However, the move has been met with strong resistance from various quarters.
Muslim organization have sent a memorandum to the Governor through the DM
Muslim Seva Sangathan, a prominent Muslim organization, has labeled the UCC as an “attack on the soul of constitution” and vowed to fight the battle from the streets to the courts. Leaders associated with the organization have sent a memorandum to the Governor through the District Magistrate, expressing their opposition to the new law.
We will adopt all constitutional means to oppose the UCC
Naeem Qureshi, the organization’s president, stated that the UCC would disrupt religious beliefs and practices. He criticized the state government for not including any religious leaders in the committee that drafted the law, despite receiving over one lakh suggestions from the public, which were allegedly ignored. He also emphasized that the Muslim Seva Sangathan would adopt all constitutional means to oppose the UCC, including legal battles and public protests.
Political maneuver than a social necessity, says Congress
The Uttarakhand Congress has also voiced its concerns regarding the UCC. Garima Mehra Dasauni, the party’s main spokesperson, criticized the enthusiasm of the government and ruling party for the UCC, stating that it was not a public demand in Uttarakhand and appeared more as a political maneuver than a social necessity. Dasauni highlighted that the provisions of the Hindu Marriage Act 1955, Hindu Succession Act 1956, and Indian Succession Act 1925 were included in the UCC, but it seemed designed to abolish the civil codes of minority communities like Christians, Muslims, Parsis, and Sikhs.
UCC committee adopted a selective approach while drafting the bill, Congress alleges
Dasauni pointed out that the committee adopted a selective approach while drafting the bill, and even the Hindu majority raised objections to some provisions. One controversial provision stipulates that persons living in Uttarakhand for just one year will be considered residents of the state, contradicting the demands of the original residents who have long sought recognition of a cut-off year to define residency. This provision, according to Dasauni, opens the door for outsiders to exploit the state’s resources, weakening the rights and identity of the original population.
UCC fails to fulfill its declared objective
Dasauni argued that the UCC neither serves any section of society nor aligns with constitutional principles, directly hurting fundamental rights. She also criticized the exclusion of tribal communities from the UCC, which undermines its claim of uniformity. Dasauni emphasized that Article 44 of the Constitution envisions a UCC applicable throughout the country, not limited to individual states. She asserted that the UCC, in its current form, fails to fulfill its declared objective and instead deepens social divisions and erodes individual liberty.
UCC rules effectively punish consensual live-in relationships
The UCC’s provisions for live-in relationships have also come under fire. Dasauni stated that the rules effectively punish consensual live-in relationships, violating personal rights and privacy. The criminal provisions introduced in Part 3 of the UCC for live-in relationships contradict the Protection of Women from Domestic Violence Act of 2005. The UCC thus violates fundamental rights guaranteed under Article 21 of the Constitution, including the right to privacy and personal liberty, as well as constitutional protections like the right to equality under Article 14 and freedom of religion under Articles 25 and 26.
