Guwahati, May 27 (PTI) Claiming that the Congress was the first to advocate a Uniform Civil Code (UCC) way back in 1925, Assam Chief Minister Himanta Biswa Sarma on Wednesday alleged that the opposition party is no longer secular and has become a representative of one particular community.
Replying to a discussion on ‘The Uniform Civil Code, Assam, 2026 Bill’, he said the proposed legislation is based on the foundation of the Constitution’s Article 44, not on any BJP or RSS ideology as alleged by the opposition bench.
The Bill was later passed by a voice vote amidst uproar by opposition Congress and Raijor Dal MLAs, demanding that it be sent to Select Committee for further discussion.
“The UCC has a long history. It was first demanded by the Congress in 1925. It was also suggested in 1937 by Jawaharlal Nehru. That same Congress is opposing it from the angle of the Quran and Shariat angle, not from the Hindu or Christian or tribal angle,” Sarma said.
“The Congress is opposing the UCC. Their assembly composition proves that they are not representing all castes, creeds, and religions, but they represent only one specific community. The Congress doesn’t represent Assam’s geography,” he further said.
The Congress has 19 MLAs in the 126-member Assam Assembly, of which 18 are from the Muslim community, and one is Hindu.
“It’s very sad and painful to see the Congress now. Our statements should represent all religions and all people. I feel that the Congress, instead of transforming into a communal party, should follow India’s secular tradition,” the CM said.
He maintained that he had studied Islam deeply and it is a good religion, warning the Congress against turning it into a “fundamentalist religion”.
Pointing towards Goa, he said, when the coastal state joined India in 1961, the then Congress government continued the Portuguese common civil code, and it became the first in the country to have such a law.
The western state retained its existing family law – the Portuguese Civil Code of 1867 – when it merged with the Indian Union in 1961, and renamed it as the Goa Civil Code.
Sarma said, “Assam will be the third state in India to have UCC after Uttarakhand and Gujarat. It will be a great step towards gender justice. Article 44 of the Indian Constitution is the foundation of this bill.” He justified the exclusion of tribals from the ambit of the proposed legislation, claiming that they already have many customary laws for ages on such personal matters.
“Tribals don’t support polygamy, give equal rights to girls and don’t recognise live-in relationships. They, in a way, have been implementing the UCC for ages. Self-regulation is the best regulation. So, we don’t want to impose it on the tribals,” Sarma said.
Elaborating on the provisions of the Bill, the CM said it deals with inheritance of property with a humane approach, making provisions for not just the spouse but also surviving parents and children of all genders.
Asserting that no religion allows multiple marriages per se, he said the Bill further tightens the law against polygamy and also deals with ‘love jihad’ in a way.
If any woman is married by making false statements about one’s identity, religion, economic condition or any other such facts, it would stand nullified under the UCC, Sarma said.
“It will save our girls from falling victim to frauds and betrayals, and ensure that they marry of their free will,” he claimed.
On live-in relations brought under the Bill, Sarma said such relationships are a fact of the changing times, and hence, there is a need to regulate it.
“We are not condemning live-in relationships, but legal coverage is needed for the woman if she is abandoned. Registration of live-in relationships is just one part of it, the more important aspect ensures that children born out of such relationships get both parents’ identity and the woman gets maintenance, inheritance rights,” he affirmed.
Sarma asserted that the UCC is about giving respect, equality and justice to women, and the BJP is fulfilling its election manifesto bringing the Bill.
Aiming for a common set of laws on a range of personal matters like marriage, divorce, succession and live-in relationships irrespective of religion, the Assam government on Monday tabled the UCC Bill, seeking to ban polygamy and make registration of live-in relationships compulsory.
The Bill, however, said that it will not be applicable to any of the Scheduled Tribes residing in Assam. It proposed several punitive measures, including seven years imprisonment for bigamy or polygamy, and three months in jail for not registering a live-in relationship.
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