When You Exempt A Community, How Is It Uniform Code?: Muslim Law Body Member On UCC
In a landmark development, Uttarakhand Chief Minister Pushkar Singh Dhami has introduced the Uniform Civil Code (UCC) bill in the state assembly today. The bill, drafted by a government-appointed panel led by retired Supreme Court judge Ranjana Prakash Desai, encompasses a wide array of recommendations aimed at fostering gender equality and standardizing civil laws, according the Uttarakhand government.
The exhaustive four-volume, 749-page report, crafted after meticulous engagement with stakeholders, including the collection of 2.33 lakh pieces of written feedback online and over 70 public forums, forms the foundation of the proposed UCC. Among its provisions are the complete prohibition of polygamy and child marriage, establishment of a standardized marriageable age for girls across all faiths, and the implementation of a uniform process for divorce.
Furthermore, the UCC in Uttarakhand grants adoption rights to all, including Muslim women, and seeks to abolish practices such as halala and iddat. It also advocates for the recognition of live-in relationships and streamlining adoption procedures.
However, reports have emerged suggesting that the Uttarakhand government has exempted Adivasis and Dalits from the purview of the UCC bill, raising questions about the uniformity of the proposed code.
In response to these developments, Maulana Khalid Rasheed Farangi Mahali, Executive Member of the All India Muslim Personal Law Board (AIMPLB), expressed skepticism regarding the efficacy of a UCC that exempts certain communities. He questioned the very notion of uniformity if exemptions are granted, emphasizing the need for a comprehensive approach towards legal reform.
“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?… There was no need for any such uniform civil code,” Maulana Khalid Rasheed Farangi Mahali remarked.
