Assam assembly passes UCC bill amid Oppn stir
Guwahati, May 28 -- The Assam assembly on Wednesday passed the Uniform Civil Code (UCC) Bill after a heated debate between the ruling Bharatiya Janata Party (BJP)-led alliance and opposition parties, with the government describing the legislation as a step towards gender justice and the opposition calling it divisive, selective and unconstitutional.
The bill, the third such legislation after Uttarakhand and Gujarat, seeks to regulate marriage, divorce, succession and live-in relationships through a common legal framework. Scheduled tribes (STs), who account for 12.45% of Assam's population according to the 2011 Census, have been excluded from its ambit.
The legislation was passed by voice vote after more than five hours of discussion amid sloganeering by both ruling and opposition parties.
Taking part in the debate, chief minister Himanta Biswa Sarma said the BJP had clearly promised implementation of UCC in its election manifesto. "We had mentioned clearly in our manifesto ahead of polls that if we win, we will bring UCC," Sarma said.
Targeting the Congress, he alleged the opposition had raised concerns only about the impact of the law on practices followed under the Quran and Shariat. "Congress has concerns about how the bill will affect practices followed under Quran and Shariat, but they haven't mentioned once about Bhagawad Gita or Ramayan, which shows that the party represents just one community."
He said the Congress itself had historically supported the idea of a UCC and referred to discussions on the issue before Independence. He also cited Goa, which follows a common civil code inherited from Portuguese rule. Calling the legislation a "big step towards gender justice", Sarma said the law would mandate registration of marriages, divorces and live-in relationships, ban polygamy and ensure equal succession rights for sons, daughters and elderly parents.
"It also acts against so-called 'love jihad', by ensuring that marriages and live-in relationships don't happen through coercion or deception," he added.
Explaining why ST communities had been exempted, the CM said tribal groups already follow customary laws that provide rights to women and discourage practices such as polygamy. "They have been kept outside as a mark of respect and because they already have their rules and regulations similar to UCC from long back," he said.
Ruling Bodoland People's Front (BPF) MLA Rabiram Narzary welcomed the legislation and thanked the government for excluding STs.
However, he sought clarity on protection of rights of tribal women married to non-tribals in case of divorce.
Asom Gana Parishad (AGP) MLA Prakash Chandra Das accused the Congress of opposing women's rights. "Congress has been against women and their rights for long. By not supporting this legislation, they have again lost an opportunity to redeem themselves," he said.
Opposition parties strongly opposed the Bill, alleging that it was introduced without adequate consultation and violated personal and religious freedoms.
Congress legislature party leader Wazed Ali Choudhury said forcible implementation of UCC in a diverse country like India could create "social and religious tensions". He argued that existing laws dealing with child marriage, polygamy and women's rights were already sufficient.
Congress MLA Jakir Hussain Sikdar questioned the "uniform" nature of the law when STs had been kept outside its ambit.
"This legislation was tabled in the House without wide consultations with political parties, social groups, religious bodies, organisations and the public. How can it be uniform if some are kept outside it and how will it empower ST women if they are not included? We already have laws in Assam banning polygamy, child marriages and mandatory registration of marriages and divorces. Why do we need UCC after all that? I would request the Speaker to allow wide consultation on the Bill and not allow the ruling parties to pass it based on their majority. Since this Bill is not uniform and doesn't cover all, I suggest that its name should be changed," he added.
All India United Democratic Front MLA Mazibur Rahman said implementation of UCC based on Article 44 of the Constitution's directive principles would violate protections available under personal laws, especially for Muslims.
TMC MLA Sherman Ali Ahmed said, "I support few provisions of the new law like ban on triple talaq, child marriages, but there's clear violation of the Quran's guidelines."...
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