Chief Minister Pushkar Singh Dhami Announces Historic Day for Equality and Reform; Opposition from Muslim Scholars
Dehra Dun – In a significant move, Uttarakhand has officially implemented the Uniform Civil Code (UCC), making it the first state in India to do so. Chief Minister Pushkar Singh Dhami launched the UCC portal on Monday, marking a historic day for the state and the country.
Speaking at the launch, Dhami called it a “historic day” not only for Uttarakhand but for the entire nation. “The team has worked tirelessly in preparing this draft, and today, we are fulfilling our promise to the people of this state,” he said. He emphasized that the UCC would ensure equal rights for women across all religions in the state, empowering them and eliminating practices such as halala (conditional remarriage after divorce), child marriage, and polygamy.
“This law is not against any religion, but now it will provide equal rights to women of all religions,” Dhami said, adding that the UCC would bring about greater uniformity and equality in personal civil matters, which have previously been influenced by factors such as caste, religion, and gender.
Under the new law, Islamic Sharia practices, including halala and polygamy, will be abolished. Dhami referred to these as “defects” that needed to be corrected. “We have completed all the formalities, and the state is now ready to implement the Act,” he added.
The implementation of the UCC will also introduce a requirement for online registration of marriage, divorce, and inheritance cases. Couples in Uttarakhand will be required to register their marriages, while live-in couples must provide information about separation. Additionally, the law mandates court approval for divorce and the presence of a witness for inheritance matters.
Sub-registrars and registrars will be appointed at the Panchayat, Municipality, and Corporation levels to help facilitate the UCC, especially in areas with limited internet access.
The move is in line with the BJP’s electoral promise made during the 2022 assembly elections. When Dhami was sworn in as Chief Minister again in March 2022, the UCC proposal was approved in the first cabinet meeting, and an expert committee was set up to draft the law.
However, the decision has sparked strong opposition from Muslim groups, particularly the Jamiat Ulema-e-Hind. President Maulana Arshad Madani and Maulana Mahmood Asad Madani voiced their disapproval of the law, arguing that it violates the religious freedoms guaranteed by India’s Constitution.
“This law is not acceptable to Muslims because it goes against the religious freedom promised to us. The implementation of this law reflects hostility to justice,” Maulana Mahmood Madani said. He added that the law had been introduced without public consultations or recommendations from the Law Commission.
Maulana Arshad Madani echoed these concerns, stating that Jamiat Ulema-e-Hind would challenge the law in the Nainital High Court and the Supreme Court. He also criticized the exemption of Scheduled Tribes from the law, arguing that Muslims were being unfairly targeted. “This law is based on prejudice, and Muslims cannot be forced to compromise with their Sharia,” he said.
The UCC bill was drafted by an expert committee headed by retired Supreme Court judge Ranjana Prakash Desai. After extensive discussions with various sections of society over a year and a half, the report was submitted to the state government. The bill was then passed in a special session of the Uttarakhand Assembly on February 7, 2024, and was approved by the President on March 12, 2024.
As the UCC begins its implementation in Uttarakhand, the legal, social, and political repercussions of the move are expected to unfold in the coming months.