The Indian state of Uttarakhand, where the religiously conservative BJP is in power, has passed an anti-Muslim civil code that bans polygamy and other Muslim practices.
Lawmakers in Uttarakhand, a small state in northern India under the ruling BJP, passed the UCC on Wednesday, marking the first implementation of such a code in the country since gaining independence from Britain in 1947. The contentious legislation, a longstanding promise by the BJP, comes just months before national elections.
Presently, India operates with separate personal laws for Hindus, Muslims, Christians, and other minority groups, along with an optional secular code for matters like marriage, divorce, adoption, and inheritance.
The move by Uttarakhand to prohibit polygamy and certain Muslim practices is expected to set a precedent for other BJP-ruled states, despite facing opposition from some leaders within India’s 200-million-strong Muslim minority.
Pushkar Singh Dhami, the Chief Minister of Uttarakhand, emphasized the UCC’s commitment to equality without discrimination, stating, “The Uniform Civil Code will give the right to equality to everyone… We must make history by clearing it.”
Rooted in the Indian Constitution, the UCC puts an end to religious interpretations of laws related to marriage, divorce, maintenance, inheritance, adoption, and succession. The legislation aims to provide security to women and empower them, setting a minimum marriageable age for both genders.
However, critics argue that the UCC infringes on personal rights and religious practices. Asaduddin Owaisi, a regional Muslim politician, labeled the code as a “Hindu code of conduct,” expressing concern over the restriction of fundamental rights.
The UCC mandates the registration of marriages and requires couples in live-in relationships to submit notices to a government office. The termination of live-in relationships should also be reported to the police. Critics, including Subhashini Ali of the Communist Party of India (Marxist), argue that the UCC is patriarchal and denies women the right to choice.
While social media users, particularly young Indians, criticize the move as an invasion of privacy, the BJP defends it as a modern regulation. Rekha Arya, Uttarakhand’s Child and Women Welfare Minister, stated, “As society evolves, you need to regulate new practices. It’s a modern move and not an attempt to invade anyone’s privacy.”
Several other BJP-ruled states, including Gujarat, Uttar Pradesh, Assam, and Rajasthan, have expressed intentions to introduce the UCC, aligning with the BJP’s political manifesto that includes three core promises, including the removal of autonomy in Jammu and Kashmir in 2019 and the construction of a contested temple for Hindu deity Ram.
