UCC: Bill unfairly targets Muslims, minorities, says Uttarakhand women's group

Slamming the current draft of the Uniform Civil Code (UCC), Bill introduced in the Uttarakhand Assembly, women's groups and representatives in the state issued a statement on Wednesday (February 7), saying the bill is unacceptable because it "criminalizes constitutionally acceptable behaviours and introduces moral policing".

The bill, largely borrowed from Hindu family laws, fails to address inequalities across various religious and secular laws. Instead, it unfairly targets Muslim minority and regulates consensual behaviour among adults, the statement said. The women's groups wanted the bill to be sent to the Standing Committee for further deliberations.

"Upon reviewing the draft UCC Bill, it becomes evident that it undermines constitutionally protected rights, such as adult consenting cohabitation, also known as "live-in" relationships. It imposes moral policing measures and extends its jurisdiction even beyond the borders of Uttarakhand, affecting all residents, regardless of domicile. Also, the Bill overlooks the rights of queer and transgender individuals within families and their rights to marriage," the statement from Uttarakhand Mahila Manch said.

While attempting to rectify perceived flaws in Muslim law, such as unequal inheritance and polygamy, the bill neglects to incorporate progressive aspects of Muslim law that benefit women. It also fails to address the discrimination faced by Hindu women in family matters.

Furthermore, the statement said the bill ignores Christian and Parsi family laws and excludes tribal communities, preferring customary law instead. "This lack of consultation with affected communities renders the law legally questionable and unjust, " it said.

"The bill's provisions, including the criminalisation of live-in relationships and the retention of archaic laws like restitution of conjugal rights, ultimately violate fundamental rights and perpetuate gender-based discrimination. Critical issues like custody, guardianship, and adoption of children remain unaddressed, as do the rights of queer, transgender, and disabled individuals within families," the statement said. 

Given its significant implications, especially as a precedent for the rest of India, the bill should be referred to a Standing or Select Committee for broader discussions. It is essential to consider the diverse perspectives of women, queer, and transgender communities in Uttarakhand before finalising the legislation, according to the women’s group.