In a controversial move that has ignited widespread debate and criticism, Uttarakhand Chief Minister Pushkar Singh Dhami successfully pushed through the Uniform Civil Code (UCC) Bill, which was swiftly passed by the state Assembly on Wednesday. This decision has positioned Uttarakhand as the first state in the country to implement a Uniform Civil Code, a move that has raised concerns about its potential impact on diverse personal laws related to marriage, divorce, inheritance of property, and more.
Critics argue that the UCC Bill, set to become law, is based on a draft submitted by a high-level committee under the chairmanship of retired Supreme Court judge Justice Ranjana P Desai, raising questions about the inclusivity and representation of various perspectives in the formulation of this legislation.
The timing of the implementation of the Uniform Civil Code, just months before the Lok Sabha elections in 2024, has fueled suspicions about political motivations. Reports suggest that the Union Government contemplates introducing a similar law at the national level, echoing concerns about a potential homogenization of personal laws.
States like Gujarat and Assam, both governed by the BJP, are reportedly following suit with their own UCC laws, prompting critics to raise alarms about the rapid and widespread adoption of a uniform legal framework.
The Uniform Civil Code, a contentious item on the BJP’s agenda, is seen by some as an infringement on the autonomy of personal laws and traditions. Critics argue that it stands alongside other controversial moves such as the abrogation of Article 370 in Jammu and Kashmir and the construction of the Ram Temple in Ayodhya, raising concerns about a larger ideological shift in the country.
Exclusion of Tribals Sparks Outrage
One of the most contentious aspects of the UCC in Uttarakhand is the exclusion of members of the Scheduled Tribes (ST) community. While the UCC claims to bring a common law for various aspects of personal life, it explicitly states that it will not apply to “members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 142 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.”
This exclusion has sparked outrage, with critics arguing that it raises questions about equal protection under the law and further marginalizes certain communities.
As Uttarakhand forges ahead with the enactment of the Uniform Civil Code, the controversy surrounding this move is likely to intensify, with citizens and activists closely scrutinizing its potential implications on India’s diverse cultural and religious landscape.
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