The proposed implementation of Uniform Civil Code (UCC) in Uttarakhand has sparked national debate and criticisms from different sections of society.
The primary concern is violation of religious freedom.Critics argue that the UCC could infringe upon the fundamental right to practise and profess religion, guaranteed by the Constitution. Muslims in particular and religious minorities in general fear that the UCC may impose practices that conflict with their personal beliefs, especially in matters of marriage, inheritance, divorce and other family laws.
Historically, India is a country with diverse cultures, customs and traditions. The UCC may be seen as an attempt to impose a common legal framework, disregarding regional and community-specific practices which are likely to erode age-old cultural identities.
The implementation of UCC could further widen up religious and political disputes and tensions. Many believe that it might be used by certain political parties to gain favouramong specific groups or to advance an ideological agenda, potentially alienating religious minorities and creating divisions in society.
There is also criticism regarding the lack of consensus on the issue. While some sections of society support UCC, there is no broad-based agreement among various communities, legal experts, and politicians and thinkers. The absence of dialogue with stakeholders could lead to resistance or even non-compliance.
Implementing the UCC in a diverse state like Uttarakhand could be logistically challenging. The state is home to various indigenous communities and a wide range of religious and cultural practices. A uniform set of laws may not be easily applicable to all sections of the population, and could lead to confusion or legal contradictions.
Some supporters of UCC advocate that it could help empower women by ensuring equal rights in matters of inheritance, marriage, and divorce. However, critics aver the imposition of a uniform code might not adequately address the specific needs of women in different communities.
According to Sanjay Hegde, a senior Supreme Court lawyer, “The Uttarakhand Uniform Civil Code is possibly a test balloon for a nationwide imposition of majoritarian personal law to such sections of the minority as are deemed politically insignificant. A significant vocal minority, the scheduled tribes have been totally excluded. There is also an attempt to have extraterritorial operation over Uttarakhand residents who live outside the state.”
Jamiat Ulama-i-Hind said it will challenge the legislation in both High Court and the Supreme Court. “The organisation believes that since this law is based on discrimination and bias, it cannot be called a uniform civil code. Another important question that arises is whether a state government has the authority to enact such a legislation,” JUH statement said.
“It has to be challenged legally and politically as it is undemocratic and a violation of fundamental rights guaranteed by Articles 25 & 29 of the Constitution. It’s a threat to the multicultural ethos of the nation and a move towards imposing a particular code which is unconstitutional and against the very social framework of the nation. The claim to protect and provide equal rights to women through UCC cannot be accepted. We already have secular laws like Section 125 of the CPC and the Domestic Violence Act to deal with cases of violence against women,” said Rahmathunnissa, Chief Editor of Aura E-Magazine and national secretary of Jamaat-e-Islami Hind.
“Moreover, what is being claimed as UCC cannot be uniform as it exempted certain communities? That also shows how impractical it is. And if it’s to protect Muslim women, the Sharia law is perfect in giving equal rights and opportunities for women if implemented properly. We oppose the move as it would bring more disparity than uniformity in society and instead of equal rights will end up creating more chances for oppression especially with regards to women,” she added.
All India Muslim Personal Law Board president Maulana Khalid Saifullah Rahmani, while opposing UCC, expressed concerns on the provision that a man and woman will get equal inheritance. The Islamic perspective on inheritance was based on responsibility and equity.
He also said that the inheritance share of the brother is higher than that of a sister. But, the issue is whether the sister gets her share in the first place. He stressed that denying sisters their fair share of property is a sin and impermissible in Islam.