Owaisi Questions Exclusion of Hindus in Uttarakhand’s Uniform Civil Code Bill

Asaduddin Owaisi said it can’t be called uniform if the tribals are excluded from the code.

New Delhi: Reacting to the tabling of the Uniform Civil Code bill in Uttarakhand, AIMIM chief Asaduddin Owaisi today said the proposed law is nothing but a “Hindu Code’ applicable to all the communities. He claimed exemptions are being given to the Hindus and tribals in the bill. He also claimed that the code forces the Muslims to follow a different religion and culture, which is a violation of the fundamental rights enshrined in the Constitution.

“The Uttarakhand UCC Bill is nothing but a Hindu Code applicable for all. Firstly, Hindu undivided family has not been touched. Why? If you want a uniform law for succession and inheritance, why are Hindus kept out of it? Can a law be uniform if it doesn’t apply to the majority of your state?” he wrote on X.

He said there has been chatter about bigamy, halala, live-in relationships rules in the UCC but no one is talking about the fact that the Hindu Undivided Family has been excluded.

Owaisi said 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,” he said.

The AIMIM leader said the code forces the Muslims to follow the culture of other religions. “Next, there is the question of fundamental rights. I have a right to practice my religion and culture, this Bill forces me to follow a different religion and culture. In our religion, inheritance and marriage are part of religious practice, it is a violation of Articles 25 & 29 to force us to follow a different system,” he said.

Owaisi said the bill can only be enacted by the Parliament as it contradicts the Shariah Act, Hindu Marriage Act, SMA, ISA. ” A voluntary UCC already exists in the form of SMA, ISA, JJA, DVA, etc. Why make it mandatory when Ambedkar himself didn’t call it mandatory?”

Owaisi also slammed chief minister Pushkar Singh Dhami for tabling the bill, saying the state’s finances are in doldrums. “No one is asking why this was needed. According to the CM, his state faced losses of 1000 crore due to floods. 17000 hectares of agricultural land was submerged and crop losses were estimated to be over ₹2 crore. Uttarakhand’s finances are in doldrums, so Dhami feels the need to table this,” he added.

In its 2022 manifesto for Uttarakhand polls, the Bharatiya Janata Party had promised the implementation of the Uniform Civil Code.

The proposed law seeks to replace the religious personal laws that govern marriages, relationships, inheritance etc.

New rules in Uniform Civil Code
The bill has kept the hill state’s small tribal community out of the legislation. It has mandated the registration of live-in relationships. It talks about giving legitimacy to children born of live-in relationships.

Without naming them, the bill effectively bans polygamy and ‘halala’ practised among a section of Muslims. Marriages, though, can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities.

Muslim bodies oppose the code
All India Muslim Personal Law Board has opposed the Uniform Civil Code. “Basically, there is no use of such a kind of Uniform Civil Code (UCC) when you are yourself saying that certain communities will be exempted from the Act. Then where is the uniformity? UCC means that the same laws should be implemented on each and every citizen of the state,” Khalid Rashid Farangi Mahali, executive committee member of All India Muslim Personal Law Board told PTI.

“Since we all know that we still have Article 25 of the Constitution (the freedom of conscience and the freedom to profess, practice and propagate religion), each and every citizen has full constitutional right to follow his/her religion in day-to-day life. So, why are you interfering in religious matters? Because personal laws are the religious matters of each and every community,” he added.

Jamiat Ulema-e-Hind said Muslims won’t be able to compromise on Shariah. “We cannot accept any law that is against Shariah because a Muslim can compromise with everything, but he or she can never compromise on Shariah and religion,” said the body. Source