Indian State Approves Uniform Civil Code for Marriage and Divorce, Faces Opposition from Religious Communities
In a groundbreaking move, the northern Indian state of Uttarakhand has approved a uniform civil code that will apply to Hindus, Muslims, and other religious communities. The legislation covers various aspects such as marriage, divorce, adoption, and inheritance. However, this move has faced opposition from religious communities who argue that it interferes with their own laws and customs.
The legislation was passed by lawmakers in Uttarakhand on Wednesday and is expected to be approved by the state governor and the Indian president before becoming law. The Uniform Civil Code, initiated by Prime Minister Narendra Modi’s Hindu Nationalist party, has been met with resistance from Muslim leaders and others who claim that it discriminates against them and infringes upon their religious practices.
Critics argue that this move is a political strategy aimed at dividing society along religious lines. Yashpal Arya, an opposition Congress party lawmaker, stated, “This is a nefarious political design to drive a wedge in the society on religious lines.” However, Pushkar Singh Dhami, the top elected official in Uttarakhand state, defended the legislation by stating that it aims to bring uniformity to society without targeting any specific religion or community.
It is expected that other states ruled by Modi’s Bharatiya Janata Party will introduce similar legislation. If the BJP wins the upcoming national elections in April or May, there is a possibility that such legislation will be implemented at the federal level. The new law prohibits polygamy and establishes a uniform age for marriage for both men and women across all religions. It also includes a standardized process for divorce.
Currently, Hindus, Muslims, Christians, and other minority groups in India follow their own laws and customs regarding marriage, divorce, adoption, and inheritance. However, this new legislation seeks to establish a uniform code that applies to all citizens. Asaduddin Owaisi, president of the All India Majlis-e-Ittehad-ul-Muslimeen, argues that this legislation imposes a different religion and culture upon him and his community. He states, “I have a right to practice my religion and culture. This bill forces me to follow a different religion and culture.”
The bill also introduces stringent measures that require the registration of live-in relationships. Couples who fail to register their live-in status with district officials may face up to six months in prison, a fine of 25,000 rupees ($305), or both. The bill explicitly states that children born out of such relationships will be considered legitimate offspring, inheriting all legal rights available to those born within a traditional marriage.
This new legislation has raised concerns among individuals who are in live-in relationships but do not wish to formalize their relationship through marriage. Sanjay Agnihotri, a consultant with a non-government organization, shares his experience, stating, “However, the new legislation mandates us to register our relationship, which could potentially subject us to unwarranted police scrutiny.”
Uttarakhand has become the first Indian state to adopt legislation on marriage, divorce, land, property, and inheritance for all citizens, regardless of their religion. This move aligns with the Bharatiya Janata Party’s long-standing agenda. The approval of this uniform civil code marks a significant step towards achieving societal uniformity in India. However, it remains to be seen how this legislation will be received by religious communities and whether it will face further opposition in the future.
In conclusion, the approval of the uniform civil code in Uttarakhand has sparked both support and opposition. While proponents argue that it will bring uniformity and equality to society, opponents claim that it infringes upon their religious practices. The implementation of this legislation sets a precedent for other states and potentially for the entire nation if the BJP wins the upcoming national elections. As India moves towards a more uniform legal framework, it is crucial to strike a balance between societal unity and respecting the diverse religious and cultural practices of its citizens.
