Asaduddin Owaisi Criticizes Exclusion of Hindus in Uttarakhand’s Uniform Civil Code Bill

The head of AIMIM, Asaduddin Owaisi, said that the Uniform Civil Code bill is basically a “Hindu Code” that is applicable to all communities in response to its introduction in Uttarakhand today. He said that Hindus and indigenous people are immune from the bill. Additionally, he asserted that the code violates the fundamental rights guaranteed by the Constitution by forcing Muslims to adopt a different faith and way of life.”All that the Uttarakhand UCC Bill is is a universal Hindu code. First of all, the Hindu monogamous family remains unaffected. Why? Why are Hindus excluded from a unified legislation governing inheritance and succession? He wrote on X, “Can a law be uniform if it doesn’t apply to the majority of your state?

He noted that while there has been discussion about the UCC’s laws regarding live-in partnerships, halala, and bigamy, nobody has brought up the fact that the Hindu Undivided Family has been left out. According to Owaisi, if the indigenous people are left out of the code, it cannot be considered uniform. “There are further legal and constitutional concerns. Why are Native Americans not included? If one group is exempt, how can it be uniform?” he said. According to the AIMIM head, the code compels Muslims to adopt the customs of other faiths. “The issue of fundamental rights comes next. I have the right to practice my culture and religion, but this bill compels me to adopt a new one. As inheritance and marriage are regarded as sacred practices in our religion, forcing us to adhere to a different system would be against Articles 25 and 29, the speaker declared.

According to Owaisi, the law may only be passed by Parliament because it is in violation of the ISA, SMA, Hindu Marriage Act, and Shariah Act. There is currently a voluntary UCC in the shape of SMA, ISA, JJA, DVA, and so forth. Since Ambedkar himself did not declare it to be mandatory, why is it now?” In addition, Owaisi attacked Chief Minister Pushkar Singh Dhami, claiming that the state’s finances are in dire straits, for bringing up the bill. “No one is questioning the necessity of this. The chief minister claimed that floods in his state caused damages of Rs. One thousand crore.Flooding over 17,000 hectares of agricultural land resulted in crop losses exceeding ₹2 crore. Dhami feels compelled to bring up Uttarakhand’s dire financial situation,” he concluded. The Bharatiya Janata Party would carry out its vow to establish the Uniform Civil Code made during the 2022 Uttarakhand elections. The goal of the proposed law is to supersede existing religion personal regulations pertaining to inheritance, marriage, and other partnerships.

New rules in Uniform Civil Code

The small tribal population in the hill state has been excluded from the legislation by the bill. The registration of cohabiting couples is now required. It discusses granting legal status to kids born out of cohabitation.The bill essentially outlaws polygamy and “halala,” which are practised by some Muslims, without naming them. Marriages, though, can be solemnised by unique ceremonies, such saptapadi, nikah and anand karaj, followed by different communities.

Muslim bodies oppose the code

All India Muslim Personal Law Board has opposed the Uniform Civil Code. “Basically, when you yourself state that specific areas would be exempt from the Act, there is no reason for such a Uniform Civil Code (UCC). So where’s the consistency? UCC implies that every state citizen should be subject to the same laws.” Member of the All India Muslim Personal Law Board’s executive committee is Khalid Rashid Farangi Mahali. As everyone is aware, Article 25 of the Constitution—which guarantees the freedom of conscience as well as the freedom to declare, practice, and spread religion—remains in effect, and every person is entitled to the fullest extent possible to follow their faith in day-to-day life. Why then do you meddle in matters of religion? Since personal laws are each community’s religious concerns,” he continued. Muslims won’t be able to compromise on Shariah, according to Jamiat Ulema-e-Hind. “We cannot accept any law that is against Shariah because a Muslim can compromise with everything, but he or she can never compromise on Shariah and religion,” the organization stated.

Final Thought

Significant discussion has been generated by the implementation of the Uniform Civil Code (UCC) in Uttarakhand, which reflects the profound differences and anxieties among different communities and political figures. The complaint from Asaduddin Owaisi highlights a wider concern that the new UCC might not be as “uniform” as its name implies. His criticism that it functions as a “universal Hindu code” in essence and the way some groups are exempted, such as indigenous Asaduddin Owaisipeople and Hindus in relation to the Hindu Undivided Family, cast doubt on the legislation’s inclusion and equity. Owaisi raises a serious concern that strikes at the core of India’s constitutional guarantees of freedom of religion and the right to practice one’s culture and religion: the code’s requirement that members of the Muslim community abandon their religious customs in favor of practices that are foreign to them violates fundamental rights.

The conflict between the UCC’s goal of establishing uniformity and the constitutional protection of religious and cultural practices is further highlighted by the complaints from Muslim organizations such as Jamiat Ulema-e-Hind and the All India Muslim Personal Law Board. Their position that the UCC meddles in matters of personal law, which are intimately linked to religious identity, highlights the difficulty in striking a balance between the need for uniform civil laws and the preservation of India’s rich diversity of religious and cultural traditions.

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Furthermore, Owaisi’s criticism of the UCC’s introduction in the context of Uttarakhand’s financial challenges adds another level of complexity to the discussion by implying that the bill’s timing and priority may not coincide with the needs and worries of the state’s citizens right now.The Uttarakhand UCC conflict is a microcosm of the larger and more nuanced national discussion that pits the preservation of religious and cultural diversity against the necessity of universal civil laws. It emphasizes how difficult it is to enact laws in a country with as many distinct groups as India, where the rich tapestry of religious and cultural customs that constitute the country’s identity must be taken into consideration in addition to uniformity and justice. It will be necessary to give significant thought to the various viewpoints and constitutional ideals involved in order to resolve this argument.