Questions Why Hindu Undivided Family And Tribals Are Exempted From UCC
Reacting to the Uniform Civil Code bill in Uttarakhand, AIMIM chief Asaduddin Owaisi today said the proposed law is nothing but a “Hindu Code” that is being applicable to all communities. He pointed out to exemptions being made for Hindus and tribals in the bill. He also claimed that the code forces the Muslims to follow a different religion and culture, which is a violation of the fundamental rights in a secular India as enshrined in the Constitution.
“The UCC Bill being imposed in Uttrarkhand is nothing but a Hindu Code applicable for all. Firstly, Hindu undivided family has not been touched. Why? If you want a uniform law for succession and inheritance, why are Hindus kept out of it? Can a law be uniform if it doesn’t apply to the majority of your state?” he wrote on his social media handle of X.
He said there has been much discussion about bigamy, halala, live-in relationships rules in the UCC but no one is talking about the fact that the Hindu Undivided Family has been excluded.
He also added that it can’t be called uniform if the tribals are excluded from the code.
“There are constitutional and legal issues. Why have tribals been excluded? Can it be uniform if one community is exempt?” he questioned.
The AIMIM leader has remarked that the code forces the Muslims to follow the culture of other religions. “There is the question of fundamental rights. 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 & 29 to force us to follow a different system,” he stated.
Owaisi stated the bill can only be enacted by the Parliament as it contradicts the Shariah Act, Hindu Marriage Act, SMA, ISA. ” A voluntary UCC already exists in the form of SMA, ISA, JJA, DVA, etc. Why make it mandatory when Ambedkar himself didn’t call it mandatory?”, he further asked.
Muslim Bodies Oppose UCC
All India Muslim Personal Law Board has opposed the Uniform Civil Code. “Basically, there is no use of such a kind of Uniform Civil Code (UCC) when you are yourself saying that certain communities will be exempted from the Act. Then, where is the uniformity? When you have Uniform Civil Code, it means the same laws should be implemented uniformly on every citizen of the state,” remarked Khalid Rashid Farangi Mahali, executive committee member of All India Muslim Personal Law Board.
Bengali