Owaisi declared Gujarat’s UCC bill unconstitutional, said – it is violating Article 25 of Muslims

Ahmedabad, 4 April. All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi has termed Gujarat’s Uniform Civil Code (UCC) Bill as unconstitutional, saying it is violating Article 25 (freedom of religion) of Muslims.

UCC is a guiding principle, not a fundamental right

It is noteworthy that Gujarat Assembly has recently passed the UCC bill. Owaisi claimed that the UCC is a directive principle, not a fundamental right. This has been mentioned in Article 44 of the Constitution. During the debate in the Constituent Assembly, Babasaheb Ambedkar did not say that after the code was made, the state would implement it on all citizens. This Code will apply only to those who declare and voluntarily agree to be bound by it.

This is a cut-paste copy of the bill passed in Uttarakhand.

While talking to journalists, Owaisi said that this bill is a cut-paste copy of the bill passed in Uttarakhand. In this, Hindu Marriage and Divorce Act and Hindu Succession Act have been applied to all communities except Scheduled Tribes. Therefore this is not a uniform bill.

‘All this is part of Hindu religion, Why are you applying this to Muslims??’

Owaisi said that this is violating Article 25 (freedom of religion) of Muslims. They are the affected parties. This is unconstitutional. Now if someone wants to get a divorce, they will have to prove adultery and will have to remain in judicial custody. All this is part of Hindu religion. Why are you imposing this on us (Muslims)?

Hyderabad MP Owaisi also strongly criticized the provisions related to live-in relationships and asked questions to RSS and BJP on this matter. He argued that it violates the sanctity of marriage and is against Islam.

BJP made taking commission legal

He said that ‘the bill to amend the Gujarat Disturbed Areas Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises Act, 1991, covers not only buyers and sellers but also any resident living in that area. Now any third person can also register his objection against any property deal in the specified area. BJP has made it legal for any person to take commission. Looking at the previous decisions of the High Court, all this is unconstitutional.

So there is no need for such amendment

Owaisi said that this amendment has also increased the power of the state government to notify areas. It can declare areas prone to unrest and forced displacement due to communal tension. He stressed that BJP claims that Gujarat is a peaceful state. If it was truly peaceful then there would be no need for such amendments.

The AIMIM chief also said his party will contest local body elections in six municipal corporations, 29 taluka panchayats and 28 district panchayats in Gujarat. In this it will field 539 candidates.

Gujarat Assembly passed the bill last week

It is noteworthy that last week, after a long debate of more than seven hours, the Gujarat Assembly passed the UCC bill. The bill aims to implement a uniform legal framework to govern marriage, divorce, succession and live-in relationships, regardless of religion.

Registration of marriage and live-in relationships mandatory

There is a provision in this that if the marriage is done by force, pressure or fraud, then there will be a jail sentence of seven years. It also prohibits bigamy and polygamy. Under this, registration of marriages and live-in relationships has been made mandatory.

In this sequence, the Assembly also passed a bill to amend the ‘Gujarat Disturbed Areas Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises Act, 1991’.