Assam assembly passes UCC law by voice vote; opposition says not needed

THe Assam assemblage on wed passed the disputative unvarying civic Code (UCC) legislation amid support from the ruling Bharatiya Janata Party and its allies, and opposition from Congress and others not part of the government.The Bill, the third such legislation after similar laws were passed in Uttarakhand and Gujarat, aims to govern and regulate laws relating to marriage and divorce, succession, and live-in relationships. The Assam legislation excludes scheduled tribes (STs), who comprise 12.45% of the population (2011 census).Legislators from the ruling parties stressed that the law will empower and honour women, but opposition parties stated that it was unnecessary, introduced without wide consultations, and not uniform as it excludes STs. They termed it a political stunt and suggested amendments. Following discussions that lasted over five hours, the Bill was passed by voice vote amid sloganeering by both ruling and opposition parties voicing support for and opposition to it."We had mentioned clearly in our manifesto ahead of the polls that if we win, we will bring UCC... Congress has concerns about how the Bill will affect practices followed under the Quran and Shariat, but they haven't mentioned even once the Bhagavad Gita or Ramayana, which shows that the party represents just one community," chief minister Himanta Biswa Sarma said while defending the legislation and targeting the Congress earlier.He stated that while the present Congress is opposing the Bill, the party had supported the legislation since before Independence and for close to 100 years now — first in 1925 and again in 1937 through a committee headed by former Prime Minister Jawaharlal Nehru. Sarma also cited how Goa has had a UCC since 1961, as it was already being implemented during Portuguese rule."Passing of this law in Assam will be a big step towards gender justice. Many have questioned why STs have been kept out of the UCC. We are aware that tribals have been residing in India for long and they have their own customary laws regulating their lives, which provide rights to women and discourage polygamy. They have been kept outside as a mark of respect and because they already have rules and regulations similar to the UCC from long ago," Sarma said."Will we treat someone who is not ill? UCC will try to give radiotherapy and chemotherapy where the cancer exists, not elsewhere... The new law provides mandatory registration of all marriages, divorces and live-in relationships, bans polygamy, ensures equal succession rights for sons and daughters as well as elderly parents. It also acts against so-called 'love jihad' by ensuring that marriages and live-in relationships do not happen through coercion or deception," he added.UCC is a contentious and polarising issue referring to a common set of laws for personal matters such as marriage, divorce, inheritance and succession for all citizens. Article 44 of the Constitution, one of the Directive Principles of State Policy, advocates for a UCC. However, religion-based civil codes have governed personal matters since Independence.Ruling Bodoland Peoples Front (BPF) MLA Rabiram Narzary welcomed the legislation and thanked the government for keeping STs outside its purview. He suggested a clear indication of how the new law will ensure the rights of ST women married to non-STs if they get divorced."Congress has been against women and their rights for long. By not supporting this legislation, they have again lost an opportunity to redeem themselves," ruling Asom Gana Parishad (AGP) MLA Prakash Chandra Das said.Opposing the legislation, Congress Legislature Party leader Wazed Ali Choudhury stated that the forcible implementation of the UCC will infringe on personal liberties and create social and religious tensions in a diverse country like India. He maintained that existing laws related to polygamy, child marriage and other issues are enough to address matters related to women's empowerment."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?" Congress MLA Jakir Hussain Sikdar said."We already have laws in Assam banning polygamy, child marriage, and mandating registration of marriages and divorces. Why do we need the 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 (AIUDF) MLA Mazibur Rahman stated that implementation of the UCC based on Article 44 of the Constitution's Directive Principles of State Policy would violate the fundamental rights and existing legal provisions guaranteed to all, including Muslims, who comprise 34.22% of Assam's population (2011 census)."I support a few provisions of the new law like the ban on triple talaq, child marriage and registration of live-in relationships. But there's a clear violation of the Quran's guidelines related to certain marriage practices as it tries to control whom one should marry, and it violates fundamental rights. I believe that the UCC was brought in with malafide intention," Sherman Ali Ahmed of the Trinamool Congress said."The Bill aims to put private relationships under bureaucratic control by mandating registration of live-in relationships and related issues through the appointment of a sub-registrar, who in turn will inform the local police station about such relationships. There is scope for harassment by these authorities and the new law infringes on personal liberties," Akhil Gogoi of Raijor Dal said.