The ruling BJP government in Uttarakhand has tabled a bill that will bring in a Uniform Civil Code (UCC) in the state. However, ruckus in the assembly soon after meant that the bill could not be taken up for discussion and voting. The Uttarakhand assembly has been adjourned until 2 PM.
Many see the move by the BJP as a precursor to a pan-India rollout of a similar bill later.
The Uniform Civil Code aims to provide the same rights to individuals across communities in their personal matters, such as inheritance and marriage.
India currently has community-specific laws in these matters, under which the laws that apply to a person depend on the community into which that person is born into.
For example, while a woman born in one of the Hindu communities can demand an equal share of her parents' property, women born in Muslim communities cannot. This is because, under the personal law code applicable to Muslims in India, she is entitled to only half the share of her brothers.
Such differences also exist for men. A man born into, or converted to, Muslim faith can legally have up to four wives in India, but a Christian or a Hindu man cannot legally take another wife while he has another one alive.
The Uttarakhand UCC deals with many of these distinctions, and makes a single code available to persons of all communities.
As a result, a Muslim woman can—if she deems fit—approach the court seeking equal rights as her brothers in her ancestral property, and the state would be duty-bound to ensure her that right.
The minimum age for marriage has been kept at 18 years, and there is a provision for registering a live-in relationship, much like a marriage.
However, in what may come as a shock—it also promises jail for those who do not inform the authorities that they are living in. The task of "establishing the validity of the live-in relationship" has been placed on the District Registrar, who will issue the certificate after carrying out an official inquiry into the relationship.
Failure to submit live-in relationship declarations is punishable by jail. Even a delay in registration, by as little as a month, will trigger a jail term of up to three months, a fine of ₹ 10,000, or both.
The bill also bans polygamy. It is not clear how it deals with current families comprising one man married to multiple women.
At the same time, the bill does not apply to any individual who is born into a community identified under the Scheduled Tribes list.
The bill considers all types of offspring or children that a person may have equally, whether they are born out of wedlock, through artificial techniques, or adopted.
Shantanu Thakur, Union minister for ports, shipping, and waterways, applauded the move and said it is a prerequisite for making India a developed country.
Syed Tufail Hasan, Samajwadi Party leader and MP from Moradabad, said the bill has been pitched as 'not against any community'.
"If that is so, then I welcome it. If it contains anything that is contrary to the religious directives contained in the Quran, then we are not willing to accept that," he said.
When asked if he accepts one personal law framework for all, he said: "If it leaves space for all religions and communities to practice their belief, what objection can I have?"
At the same time, he said the move is motivated by electoral considerations.
The Indian National Congress, which is the main opposition in the state, opposed the new bill, claiming that it will impinge on people's freedom to lead alternative lifestyles in keeping with their beliefs, traditions, and preferences.
