UCC bill tabled in U’khand Assembly

It is likely to be studied and possibly implement by BJP govts in States like Gujarat and Assam

Dehradun: The Uttarakhand government on Tuesday tabled in the assembly the Uniform Civil Code bill, the first such move in any state after Independence that could be followed by similar legislation in other BJP-run states.

The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships. Children born of live-in relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.

Coming just ahead of the Lok Sabha elections, the Uniform Civil Code, Uttarakhand, 2024 bill ticks off an important item on the BJP’s ideological agenda — a common law on marriage, divorce, land, property and inheritance for all citizens, irrespective of their religion. It is likely to be studied and possibly implement by BJP governments in states like Gujarat and Assam.

Only Goa has a common civil law, in operation since the Portuguese rule. As it sets out common provisions, the bill effectively bans polygamy and halala – without naming them - practiced among a section of Muslims. Marriages can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities. On Tuesday, the second day of a special session of the assembly, Chief Minister Pushkar Singh Dhami entered the House with a copy of the original Constitution. Ruling party members thumped their desks and chanted “Bharat Mata ki Jai”, “Vande Mataram” and “Jai Shri Ram” as Dhami tabled the bill. The original list of business for the day said the bill will be tabled, debated and passed by the House. But Speaker Ritu Khanduri allowed more time after opposition members protested, raising slogans in the House. They wanted time to study the bill and then offer their views.

“It seems the government wants to pass the bill without a debate in violation of legislative traditions,” Leader of Opposition Yashpal Arya had said. The opposition also protested against the decision of the business advisory committee to suspend the Question Hour to table the UCC. The bill applies to the whole of Uttarakhand and to people from the state living outside. The state’s tribal population will not be affected.

“Nothing contained in this code shall apply to the members of any Scheduled Tribes... and the persons and group of persons whose customary rights are protected under the Part XXI of the Constitution of India,” the bill says.

Like marriages, live-in relationships must be registered. The bill says the live-in partners must not be under18. But if any one of them is under 21, the registrar is bound to inform their parents or guardians. The bill stipulates a penalty of up to a month in prison or a fine of Rs 10,000, or both, if the partners do not submit a statement on their relationship to the registrar within a month. They will face a higher penalty if they submit false information.

If a woman in a live-in relationship is deserted by her partner, she can approach the court for maintenance from him.