नई दिल्ली: उत्तराखंड में समान नागरिक संहिता (यूसीसी) लागू हो गई है। यूसीसी ड्राफ्ट कमेटी के सदस्य मनु गौड़ ने IANS से खास बातचीत में सरकार की मंशा, जनता के सुझावों और इसके फायदों पर चर्चा की। उन्होंने बताया कि 2022 के चुनाव में सीएम पुष्कर सिंह धामी ने यूसीसी लागू करने का वादा किया था जिसे पूरा करने के लिए सुप्रीम कोर्ट की पूर्व न्यायाधीश रंजना पी. देसाई की अध्यक्षता में विशेषज्ञ समिति गठित की गई थी। उन्होंने स्पष्ट किया कि यूसीसी रीति-रिवाजों में बदलाव नहीं करेगा बल्कि विवाह पंजीकरण को अनिवार्य करेगा। बेटियों को संपत्ति में समान अधिकार देने को लेकर भी विचार किया गया है। लिव-इन रिलेशनशिप के मामलों पर समिति ने इसका पंजीकरण अनिवार्य करने की सिफारिश की जिससे धोखाधड़ी और उत्पीड़न रोका जा सके। जनसंख्या नियंत्रण को यूसीसी से अलग रखने पर उन्होंने बताया कि यह संविधान की समवर्ती सूची का विषय नहीं था लेकिन जनता की भावना सरकार को बताई गई। आदिवासियों को इससे अलग रखा गया क्योंकि उन्हें विशेष संवैधानिक अधिकार प्राप्त हैं।
#Uttarakhand #UCC #SamaanNagarikSanhita #EqualRights #LegalReforms
#Uttarakhand #UCC #SamaanNagarikSanhita #EqualRights #LegalReforms
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00:00Before the 2022 elections, the Chief Minister of Uttarakhand, Pushkar Singh Dhami, had
00:09put forward this idea to the people of Uttarakhand that if we come back to power, we will bring
00:20equal citizenship.
00:21And the people of Uttarakhand supported him, and the government was re-established.
00:27The Chief Minister of Uttarakhand, Pushkar Singh Dhami, formed a special committee in
00:34his first cabinet.
00:35Its chair was Justice Ranjana Prakash Desai of the Supreme Court, and Justice Pramod
00:41Kohli, who was the Chief Justice of the Sikkim High Court, was the Chief Secretary of Shatrughan
00:48Singh of Uttarakhand, and Vice-Chancellor Surekha Dangwal of Radoon University.
00:54When this committee was first convened, the first thing that was discussed was that these
01:02laws are to give equal rights to women.
01:06And as the Chief Minister said at the launch of the UCC yesterday, that this is the law
01:13of half-citizenship.
01:14So, from the time of freedom, half-citizenship of the country, women have been fighting for
01:20equal rights, for the rights of their rights, and they were not getting justice.
01:26So, this effort was made by the Chief Minister of Uttarakhand.
01:32So, the committee first thought that when this law is to be made, it has to be made for
01:40the people.
01:41And when it has to be made for the people, then the people's suggestions will be most
01:45useful in this.
01:46So, this was the first time that the UCC was convened.
01:50And this was the first time that the UCC was convened.
01:53And this was the first time that the UCC was convened.
01:56And this was the first time that the UCC was convened.
01:59And this was the first time that the UCC was convened.
02:02And this was the first time that the UCC was convened.
02:05And this was the first time that the UCC was convened.
02:08And this was the first time that the UCC was convened.
02:11So,
02:42So,
02:53Congress, CPI,
03:11marriage registration,
03:37online web portals,
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06:36that how many marriages can a single person have in a daughter-in-law marriage.
06:40So, no person in the civil society today will say this,
06:44whether it is of any religion or any community,
06:47that yes, two marriages, three marriages or more marriages should be allowed.
06:52So, this was a common thing.
06:54I don't think there was a need for any opposition in this,
06:57or there has been any opposition.
06:59There was no opposition in this.
07:01The opposition has only been created by politicians due to their vote bank politics.
07:06The suggestions that we have received from the general public,
07:10if everyone studies the report of the committee,
07:14and if they study the report of the public consultation of the sub-committee,
07:19then things become very clear as to what the public wants,
07:22and what the leaders of the various communities want.
07:28But apart from this, if we look at it,
07:32there is one important topic in which there is controversy,
07:38and it has happened,
07:40and that topic is about the right to property.
07:43Why should we give equal rights to daughters in property?
07:47This is a big challenge.
07:49This is our male-dominated society.
07:52So, no one in the male-dominated society will want
07:55to give half the right to my father's property to my sister.
08:01So, the male-dominated society will oppose this.
08:03This is a natural thing.
08:05But the committee or the governments should look at
08:08how equal rights should be given to all types of people,
08:13whether they are male or female.
08:17So, the reason for the big controversy I see is only this.
08:23Now, if you see,
08:25like in Hinduism, there is marriage.
08:29So, marriage is a culture here,
08:31and in other religions, it is a contract.
08:34And when there is a culture, it is a relationship of many lifetimes,
08:37which is believed in our religion.
08:40So, if we look at our Hindu religion,
08:43there was no word called divorce in Hinduism.
08:46There was nothing of divorce.
08:48But when it was seen that two people in the family
08:51were not able to live a good life together,
08:54their union was not going well,
08:56then the Hindu Code was introduced.
08:59When the Hindu Code was introduced, divorce was added to it.
09:02Now, when divorce was added to the Hindu Marriage Act,
09:05the Hindu society accepted it.
09:10So, the same customary laws that are misused
09:15or any wife is left to wander around,
09:21she is not given maintenance,
09:24she is not able to take care of her children.
09:27So, the government needs to pay attention to this too.
09:31And the committee has studied this very deeply and made a law.
09:37And I think that in the future,
09:39every woman in the community will benefit from this.
09:45Look, 10 political parties who participated in the election of 2022,
09:51all of them were invited.
09:53There were national parties, there were trade parties.
09:57Among them, 7 parties, Sapa, Baspa,
10:01or we have a party here, UKD, BJP,
10:06all these parties came.
10:08But mainly Congress,
10:12Aam Aadmi Party and CPI.
10:15These three parties had rejected it.
10:19They did not come even after the committee was called.
10:22So, the committee did not get any of their suggestions
10:25regarding the IOCC.
10:34Look, when the committee debated,
10:38because this is a part of the concurrent list,
10:42of the constitution,
10:44in the 5th entry,
10:46all the personal laws.
10:48A culture in our country is developing very quickly,
10:52of live-in.
10:54And many people are presenting it in a wrong way
10:58that live-in has been given credibility.
11:01This is not the case at all.
11:03Live-in has already been given credibility
11:05by the Supreme Court.
11:07We have the Domestic Violence Act.
11:09If there is domestic violence in a live-in relationship,
11:14then there is also a provision for maintenance.
11:17So, all those arrangements are already there.
11:20All those things and the Law Commission,
11:22when the committee worked,
11:24the recommendations of the Law Commission
11:26and the Parliamentary Standing Committees
11:28have been studied very thoroughly.
11:31The decisions of various high courts
11:34have been studied very thoroughly.
11:36Based on that, this law was made.
11:40So, the biggest problem in live-in,
11:42two things used to come.
11:44If we read the report of the committee,
11:47which is Volume 3 of the Uniform Civil Court,
11:53then it is clearly mentioned that
11:55when we went to people,
11:57what were their suggestions,
11:59what did they have to say about live-in?
12:02Children go to study.
12:04At the age of 18, a child passes Bar B.
12:06After passing Bar B,
12:08he goes out of the city to study.
12:10There he starts living in live-in.
12:12If he lives in live-in,
12:14then two types of cases come in front of us.
12:16Either the exploitation of girls,
12:18or in many places,
12:20such cases also came in front
12:22that he was living very well in live-in.
12:24He lived for two years, he lived for three years.
12:26And after that,
12:28a rape case was filed against the man.
12:32And to prove to anyone that
12:34we used to live in live-in,
12:36he did not have any legal documents,
12:38nothing.
12:40So, in this,
12:42many judgments have been given
12:44by the Supreme Court.
12:46So, keeping this thing in mind,
12:48and especially when we talk about privacy,
12:50keeping privacy in mind,
12:52a new thing,
12:54this Supreme Court,
12:56keeping privacy in mind,
12:58a new thing has been started
13:00that if you want to live in live-in,
13:02then you can register your live-in.
13:04Your information will not be given
13:06to anyone.
13:08Your information,
13:10only and only,
13:12if you are between
13:1418 and 21 years old,
13:16then it will be given
13:18to your parents.
13:20That is a very important reason.
13:22The reason is that
13:24the age of 21 is important
13:26for marriage.
13:28Okay?
13:30So, if two people
13:32are living together,
13:34and they are in the nature of marriage,
13:36which is defined as live-in,
13:38living in a shared household
13:40in the nature of marriage,
13:42then on one hand,
13:44we are prohibiting marriage,
13:46but we are allowing
13:48all other things for that.
13:50So, keeping this thing in mind,
13:52if someone is between
13:5418 and 21 years old,
13:56then their live-in partner's
13:58parents will be informed,
14:00so that there is no incident
14:02or exploitation of the child.
14:04And the most important thing
14:06in this is that when you
14:08do not want to live,
14:10you can say on the same day
14:12that our live-in relationship
14:14is terminated from today,
14:16you are separated from there.
14:18So, the responsibilities
14:20of the child
14:22will be the responsibility
14:24of the parent.
14:26If there is a child,
14:28who will take care of that child?
14:30So, those children
14:32go to orphanages
14:34or suffer for their rights.
14:36So, the government had to
14:38take care of those children,
14:40take care of those women,
14:42where men and women
14:44today live with one woman,
14:46tomorrow with another,
14:48and so on.
14:50Apart from this,
14:52another interesting thing
14:54was that there was
14:56an ITBP officer,
14:58I remember we were doing
15:00a press conference in Joshimath.
15:02A woman comes in front of the committee
15:04and she says that
15:06my child and I got nothing,
15:08neither a government job,
15:10nor his pension,
15:12nothing. Why?
15:14Because he was already married
15:16and that woman didn't even know.
15:18So,
15:20that woman didn't even know
15:22that she was married
15:24or made a relationship.
15:26Now, what is the fault of that woman?
15:28What is the fault of that child?
15:30There is no fault of that.
15:32So, how did we
15:34do the registration
15:36of Nivaar-e-Panjikaran or Live-in?
15:38We did all this because
15:40in the future,
15:42if we are going to marry someone
15:44or if we are going to live-in,
15:46then it has been arranged
15:48that with whom we are going to marry
15:50or live-in,
15:52what are his old relationships?
15:54When did he live-in?
15:56Is he divorced or not?
15:58Or is he married or not?
16:00Or did he change his name?
16:02Or did he hide his identity
16:04and not marry?
16:06So, all these things will be found out.
16:08So, all such cases
16:10will be stopped
16:12and women will be safe.
16:14The children
16:16who will be born in such relationships
16:18will be safe.
16:20See, there is one thing.
16:22Marriage is also
16:24in our right to privacy.
16:26So, when marriage
16:28is in our right to privacy
16:30and according to the Supreme Court,
16:32all states have to do compulsory registration
16:34of marriages.
16:36This is the judgment of the Supreme Court.
16:38So, when they have compulsory registration,
16:40then why should
16:42the registration of such relationships
16:44not be compulsory?
16:46We are not saying this.
16:48We are not disclosing this
16:50so that the public will come to know
16:52that these people are living-in.
16:54If that thing is not wrong
16:56and all those things are right,
16:58then if any incident
17:00happens to you, to the government
17:02tomorrow,
17:04a woman is born,
17:06a police officer is born,
17:08the government is blamed.
17:10There are protests.
17:12What is the government doing?
17:14What did the government do?
17:16So, if the government is proactive today
17:18and is taking a step
17:20to solve all those problems,
17:22then I feel
17:24that the youth should
17:26encourage this in the future
17:28and this is for their benefit.
17:30Tomorrow is for the benefit of men too.
17:32No one can blackmail them in the future.
17:34They will have a certificate
17:36of compulsory registration.
17:38If there is a court case,
17:40they will go and show it.
17:42Similarly, if a man cannot
17:44give birth to a woman,
17:46if he stays with her
17:48and leaves her,
17:50then he will have to give maintenance
17:52and the rights of that child.
17:54So, it is good for people
17:56who are genuine
17:58and want to live-in.
18:06That is the whole mechanism.
18:08The first thing is
18:10that the registration
18:12of live-in relationships
18:14has been kept away
18:16from the police.
18:18Live-in relationships
18:20because people are afraid
18:22that the police will find out
18:24how they will behave
18:26and what they will do.
18:28The minimum SDM level officer
18:30is a registrar.
18:32The registration of live-in
18:34relationships will be kept away
18:36from him.
18:38A magistrate level officer
18:40has been made a custodian.
18:42All the compilation data
18:44will be kept away
18:46from the registrar general
18:48who will be a
18:50high-ranking official.
18:52Keeping all these things
18:54in mind,
18:56if no one has
18:58done the registration,
19:00then any complaint,
19:02a lot of people
19:04complain only for harassment.
19:06They do it to harass people
19:08and hide their identity.
19:10No one in UCC
19:12will entertain such complaints.
19:14If you want to file a complaint
19:16and you can see
19:18that this is happening,
19:20then you will have to file
19:22a correct complaint
19:24and verify your Aadhaar number
19:26and file an online complaint.
19:28If your complaint is found wrong,
19:30then you will be punished.
19:32If you file another complaint
19:34and it is also found wrong,
19:36then you will be punished.
19:38The amount of punishment
19:40will increase.
19:42The recommendation of the committee
19:44was 5000 and 10,000 rupees.
19:46I have not read the rules.
19:48But,
19:50if he comes to file a complaint
19:52for the third time,
19:54then he will be barred
19:56and no one can file a complaint
19:58For those who harass people,
20:00the people who come
20:02for moral policing,
20:04the people who come
20:06for moral policing,
20:08they have also been barred.
20:10So,
20:12I feel that
20:14the kind of
20:16delusion
20:18that is being spread,
20:20especially about living,
20:22in the future,
20:24for the protection
20:26of their rights,
20:28and
20:30it has also been taken care of
20:32that no one harasses them.
20:40See, only the tribals
20:42have been kept out of the UCC.
20:44Whereas,
20:46the most important thing is
20:48that our Indian Constitution
20:50in Article 342,
20:52tribals have been given
20:54special privileges.
20:56So, they have been exempted
20:58to protect their cultural heritage.
21:00So,
21:04keeping this in mind,
21:06here we have five
21:08tribals,
21:10and they are very
21:12small in number.
21:14If we see,
21:16those five tribals,
21:18because they have been given
21:20separate protection in the Constitution,
21:22because that is outside
21:24the jurisdiction of the state government.
21:26So, that is why
21:28tribals have been kept
21:30separate from this.
21:36Article 44
21:38says in the
21:40Directive Principles that
21:42all states
21:44should make
21:46personal laws
21:48uniform for all.
21:50So,
21:52the same Constitution
21:54allows this state government
21:56that is why this committee was formed
21:58and that is why the state
22:00made this law on its own.
22:02And I remember very well
22:04that when the committee was formed,
22:06some people,
22:08according to the Supreme Court,
22:10even filed a PIL.
22:12And they even challenged
22:14the formation of this committee
22:16and said that the state
22:18cannot make a law on the UCC.
22:20And the Supreme Court
22:22struck down
22:24that.
22:26See,
22:28it is not like that.
22:30No doubt,
22:32on the one hand,
22:34if it applies to the whole of India,
22:36as I said earlier,
22:38the Gangotri that has come out of Uttarakhand
22:40will terrorize the whole country.
22:42So, we have such hopes.
22:44It would be better
22:46if it applies to all the citizens
22:48of the country soon.
22:50But at least the topic
22:52that has been going on for so long
22:54after independence,
22:56at least some state government
22:58took up this challenge
23:00and moved forward.
23:02So, this is also a commendable step.
23:04And here,
23:06the people living in the state,
23:08the residents of the state,
23:10on whom the law will apply,
23:12that has also been well defined.
23:14So, those who are living in the state
23:16for more than a year,
23:18or are employees in the state government,
23:20or are employees in the central government
23:22and are stationed here,
23:24or are the residents of this state
23:26and are residing in a foreign state,
23:28or are taking advantage
23:30of any government facilities here
23:32as a resident of Uttarakhand.
23:34So,
23:36keeping a lot of parameters in mind,
23:38so that at least
23:40any resident of Uttarakhand
23:42is not excluded
23:44from this law.