NEW DELHI: Pushkar Singh Dhami, who was sworn in as Uttarakhand chief minister for the second consecutive term on Wednesday, may have the backing of BJP leaders over his announcement to implement Uniform Civil Code (UCC) but opposition leaders have protested the move.
Soon after Dhami was unanimously elected as leader of BJP's Uttarakhand legislature party on March 21, he reiterated that his government would fulfil its commitment to implement UCC.
"We will fulfil all commitments that we made to people ahead of the polls. The Uniform Civil Code is an important one among them and we will fulfil it too," Dhami, who lost the assembly election from Khatima constituency, said.
The announcement was met with howls of protests from opposition leaders.
Talking to TOI, Congress leader Pritam Singh, who was leader of opposition in the previous Uttarakhand assembly, claimed that Dhami was trying to disturb peace and communal harmony in the state as he would fail to bring in development.
Pritam Singh, one of the 19 Congress candidates who won the recently-held assembly election, said, “The state government should have announced measures to check inflation and unemployment and should give corruption-free governance. It should announce more than three cylinders for free every year to poor households by taking advantage of double engine government.”
Singh further said, “Instead of paying attention to the development agenda, the BJP government is focusing on an issue which does not come under the purview of the state government. It is trying to polarise society and disturb communal harmony in Uttarakhand because BJP cannot win elections on core issues.”
Asked whether Congress would oppose the state government’s move to bring a law on UCC, Pritam Singh said, “We will see and accordingly take a stand in the assembly.”
All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader and one of the party's two Lok Sabha MPs Syed Imtiaz Jaleel told TOI that legislating on UCC could not be a state subject. “It has to come from the centre, not from the state,” he said.
Jaleel, Lok Sabha MP from Aurangabad and AIMIM state president of Maharashtra, further said, “It is not necessary that only people from Uttarakhand stay in the state. Dhami seems to be in too much of a hurry. He is saying things out of excitement. He needs to study law. Elections are over now. There is no need to make his people happy by making such controversial statements.”
AIMIM president and Hyderabad Lok Sabha MP Asaduddin Owaisi has already opposed Dhami’s announcement to legislate on UCC. He said the CM should understand that uniform did not mean dress.
In 2018, the 21st Law Commission had said in its report that a Uniform Civil Code was “neither necessary nor desirable at this stage”.
The commission had said the best way forward was to preserve the diversity of personal laws and at the same time ensure that they didn’t contradict the fundamental rights guaranteed under the Constitution. "Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” the report said.
While opposition leaders said the Dhami government did not have the power to bring a law on UCC, constitutional expert PDT Achary said a state could make a law on the subject.
Achary, a former secretary general of Lok Sabha, told TOI that a state could make a law on any subject which came under the state or concurrent lists. “Issues of succession, inheritance, marriage etc are covered under UCC. Law of contract applies to all. But succession, inheritance, marriage etc differ among different religions.” He said only the Hindu religion was covered under marriage and succession Acts.
UCC is covered under Article 44 of the Constitution and it comes under the Directive Principles of State Policy. It is not binding on states but is desirable to follow.
Dhami, while speaking on the last day of campaigning on February 12 in his constituency Khatima, had said, "Soon after its swearing in, the new BJP government will form a committee, including stakeholders, jurists, social workers and knowledgeable persons who will prepare a draft of Uniform Civil Code in the state."
Uttarakhand went to polls on February 14. BJP won 47 of the 70 assembly seats.
Dhami said UCC would ensure that people, irrespective of faith, would have the same set of laws regarding marriage, divorce, property and inheritance.
“UCC will be a step towards realising the dreams of those who had framed the Constitution as well as Article 44, which seeks to provide for UCC for all citizens,” he said and added that the Supreme Court, too, has underscored the need for UCC and has expressed concern that no steps have been taken in this regard.
