Four people dead, 60 injured after demolition drive sparks tension in Haldwani
Chief Minister Pushkar Singh Dhami called a high-level meeting in the wake of the tension and issued orders to shoot rioters on sight.
BJP-ruled Chhattisgarh wants to implement Uniform Civil Code .... but finds the going tough and somewhat complicated !!
Tribal Angle and hurdles in implementing UCC
In Uttarakhand, for the state government and the BJP as a party enacting such a law appeared much easier as the state has near negligible 3 to 3.5 percent tribal population. As a matter of political and political decisions, the BJP had decided last year to keep Tribals out of the the ambit of UCC law.
Now, the BJP government in Chhattisgarh is also keen to workout an action plan on the UCC. But the newly installed Vishnu Sai government in Chhattisgarh has to make a tightrope walk as the state has as high as 31 per cent tribal population.
According to Uttarakhand Minister for Tourism, Culture and Panchayat, Satpal Maharaj, the provisions of the Uttarakhand UCC "do take care of every section of society without interfering with their personal laws".
"Our Uttarakhand law will prove an ideal law for all the states in the country. They have to fall in line with our UCC cutting across ideological barriers. You must have seen in the assembly the opposition MLAs had nothing substantial to put forth to oppose the UCC".
The Uttarakhand officials also deny there was any kind of "hurry displayed" while enacting the law. The argument being India became independent 76 yeas ago and the founding fathers including Dr B R Ambedkar favoured a UCC in the country. So that way, credit goes to the nascent state for taking such a giant and historical stand.
The UCC of Uttarakhand also enforces -- Uniform age for marriage for both genders (21 for men and 18 for women) across religions. Muslim leaders are not taking some of these aspects easily.
"Basically, there is no use of such a kind of Uniform Civil Code (UCC) when you are yourself saying that certain communities, that is tribals, will be exempted from the Act. Then where is the uniformity? UCC means that the same laws," says Khalid Rashid Farangi Mahali, a leader with the All India Muslim Personal Law Board.
AIMIM leader and lawmaker from Hyderabad, Asaduddin Owaisi, goes a step further and says - "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 and 29 to force us to follow a different system".
Those trying to oppose the UCC also say Article 44 of the Constitution, asking for a Uniform Civil Code, clashes with Article 25 that assures the freedom to propagate religion.
"It's true the Article 44 of the Constitution lays down that the State/governments shall endeavour to implement a Uniform Civil Code throughout India. But Article 44 is a Directive Principle and thus need not be implemented or enforced by force as imposition," says analyst Ramakanto Sanyal in West Bengal.
Eminent Congress leader and a former Chief Minister Harish Rawat tried to put forward his argument. "If different states start interfering in the personal laws then there is a possibility of the law being misused in various states. It can be used to indulge in vote bank politics by trying to secure the votes of one community against the other resulting in polarisation".
At the national level, the big picture scene is.
The world’s most populous nation India, with more than 1.4 billion people, is comprised of around 80% Hindus and about 14% Muslims. Muslims accuse the Modi government and BJP of pursuing a 'Hindutva agenda' that only discriminates against them and directly imposes laws interfering with their faith.
Even from Uttarakhand, the Muslims are raising a question. If tribals were exempted; why impose the UCC on us ?
Pushkar Singh Dhami, the state Chef Minister says, “The new UCC legislation is not against any religion or community, but will bring uniformity in the society.”
Well, we know, a uniform civil code that guarantees the same rights in marriage, divorce, inheritance and adoption to people, especially Indian women, of ALL religions is vital to Indian society and its progress.
It will definitely be controversial mainly because of the Muslim opposition to anything that tries to bring Muslim women's personal laws onto a secular footing will be resolutely opposed by the All India Islamic Personal Law Board. The contribution of Sickular parties is no less.
The attempt to modernize Hindu laws was made by Nehru 65 years ago and he succeeded after 10 long years in passing the laws.
No doubt the fight for a Uniform Indian Civil Code will be long, hard and controversial but it needs to be done for the betterment of Indian women. I only wish a less communal party could take charge of it.
A cabbage farmer in Meghalaya |
Box 1:
A significant feature of the UCC bill of Uttarakhand is the introduction of stringent measures that require the registration of live-in relationships. Couples failing to register their live-in status with district officials could face up to six months in prison or a fine of 25,000 rupees or both.
Box 2:
One company executive Sanjay or Vijay, for instance has a girlfriend and Live in partner belonging to different caste than his and their families oppose the idea of them marrying.
They could have relocated to a new town/hamlet etc and started living as 'partners' without formalizing their relationship through marriage. These may become one of the many complicated cases.
Sound Bytes:
Uttarakhand Minister for Tourism, Culture, Panchayat and Rural Development Satpal Maharaj says:
“l am told that the demand for our UCC has suddenly gone up. Assam, Rajasthan and Madhya Pradesh governments have asked the state to provide them copies of draft UCC while other states have expressed their willingness to make similar demand in coming days.”
“This is a nefarious political design to drive a wedge in the society on religious lines,” - Yashpal Arya, a Congress leader.
ends
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