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UCC bill tabled in Uttarakhand sparks fresh debate: 'Why exempted tribals?'

The BJP-led Uttarakhand government on Tuesday introduced contentious Uniform Civil Code (UCC) that will apply across religions.

Published on: Feb 6, 2024, 15:00:07 IST
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The introduction of the Uniform Civil Code (UCC) bill in the Uttarakhand Assembly has sparked a fervent debate, with All India United Democratic Front (AIUDF) legislator Aminul Islam from Assam raising concerns regarding the bill's purported universality. Referring to the exemption given to Scheduled Tribes in the bill, Islam questioned the essence of a uniform code if certain communities were excluded.

Dehradun: Members of Uttarakhand Numainda Group protest against the Uniform Civil Code (UCC) bill during a special session of Uttarakhand Legislative Assembly, in Dehradun, Monday, Feb. 5, 2024. (PTI)
Dehradun: Members of Uttarakhand Numainda Group protest against the Uniform Civil Code (UCC) bill during a special session of Uttarakhand Legislative Assembly, in Dehradun, Monday, Feb. 5, 2024. (PTI)

“I can't understand what is their purpose because if they are going to implement UCC then why the Uttarakhand government exempted the Adivasis, Dalits from this Act? If Adivasis and Dalits are not included under this law then how is it going to be universalised?”

He asserted that the bill could potentially infringe upon the social, legal, and religious rights of marginalised groups, vehemently opposing its implementation.

UCC refers to a common set of laws for personal matters such as marriage, divorce, inheritance, and succession for all citizens.

Read: Uttarakhand Uniform Civil Code bill: Jail term provision for live-in couples

Uttarakhand chief minister Pushkar Singh Dhami on Tuesday presented the bill in the House as treasury benches welcomed its tabling with thumping of desks and chants of "Jai Sri Ram" and "Vande Mataram". Once it becomes an act, Uttarakhand will become the first state in the country after Independence to adopt the UCC.

Maulana Khalid Rasheed Farangi Mahali of the All India Muslim Personal Law Board (AIMPLB) cautioned against the imposition of uniformity in personal laws.

“As far as UCC is concerned, we are of the opinion that uniformity cannot be brought in each and every law and if you exempt any community from this UCC, how can it be called a uniform code?” Mahali asked rhetorically.

“There was no need for any such uniform civil code. After the draft is presented before the Assembly, our legal team study this and then the further course of action will be decided,” he added.

Before the bill was tabled in Uttarakhand Assembly, there were protests inside the House by opposition members who said they were not given time to study its provisions.

"It seems the government wants to pass the bill without a debate in violation of the legislative traditions," Leader of Opposition Yashpal Arya said.

BJP leaders, however, were jubilant over the tabling of the controversial bill, with former Uttarakhand CM Tirath Singh Rawat accusing detractors of misleading the public and obstructing progress.

"This was necessary in the interest of the country. But some people who do not speak in the favour of the country are misleading the public," Rawat said.

Echoing support for the bill, BJP MP Dr Sukanta Majumdar advocated for its implementation, affirming that it was the state government's prerogative to make such decisions.

Personal laws can be legislated by both federal and state governments, and other BJP-ruled states have said they could use the Uttarakhand UCC draft as a template.

Trinamool Congress (TMC) MP Saugata Roy said that the Bharatiya Janata Party can do so in states ruled by their party but it will not be possible in West Bengal.

"They can implement UCC in BJP-ruled states but it will not happen in West Bengal," Roy said speaking to reporters at the Parliament premises on Tuesday.

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