India state passes uniform civil code amid criticism from Muslim neighborhood – JURIST

The Indian State of Uttarakhand passed the first-of-its-kind Uniform Civil Code Wednesday, which imposes frequent guidelines for all communities on marriage, divorce, inheritances, land, property and live-in relationships.

The Bhartiya Janta Get together (BJP)-led state authorities of Uttarakhand handed the Uniform Civil Code of Uttarakhand, 2024 which outlaws bigamy and polygamy, regulates live-in relationships, together with guidelines for his or her necessary registration and sanctions for noncompliance and standardizes the divorce course of for each women and men. The code borrows most of its provisions from already-existing secular legal guidelines such because the Special Marriage Act, 1954, and The Indian Succession Act, 1925 however repeals any household legal guidelines which might be inconsistent with the brand new code. The code excludes the non-heterosexual residents of the state from its utility.

Dwell-in companions within the state must register themselves with district officers or face imprisonment beneath the brand new Uniform Civil Code. The live-in relationship provision offers that even these residents of Uttarakhand who’re in a live-in relationship outdoors the state should submit a press release to the registrar of the state. The Uniform Civil Code additionally successfully outlaws bigamy and polygamy by limiting marriage to conditions through which “neither occasion has a partner residing on the time.”

Muslim our bodies throughout the nation, together with the All India Muslim Private Regulation Board (AIMPLB) have voiced their concerns concerning the Uniform Civil Code because it doesn’t align with the Quran on problems with polygamy and inheritance. The Quran permits polygamous marriage beneath sure circumstances, if males are in a position to present for his or her wives absolutely and deal with all wives equally. The Quran additionally specifically regulates how a lot and to whom an property is to be divided amongst for inheritance functions.

Chief Minister Pushkar Singh Dhami referred to it as a “historic second,” stating that the Meeting had change into the primary legislature in impartial India to enact a invoice imposing uniform laws on all communities. He said that the legal guidelines would put an finish to the centuries-old injustice that ladies have endured. Dhami claimed that this might not be the case in Uttarakhand because the UCC has granted equal rights to all people.

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