New Delhi, Feb 7 (Reporter) The All India Muslim Personal Law Board (AIMPLB) on Wednesday said the Uniform Civil Code (UCC) Bill passed in the Uttarakhand Assembly is "inappropriate", "unnecessary" and against the "spirit of unity in diversity". In a statement issued here, the AIMPLB alleged that the legislation has been "rushed to gain political advantage'. AIMPLB spokesperson Dr SQR IIyas said, "It is a mere eyewash and nothing more than a political propaganda." He said the legislation deals only with three aspects, firstly, the sphere of marriage and divorce in a "cursory manner", thereafter deals with succession albeit in-extenso and lastly as well as strangely conceives a new legal regime for live-in relationships which undoubtedly will "impinge on moral values" of all the religions, IIlyas said while Scheduled Tribes are already excluded from this law, for all other communities provisions are included to provide for their customs and usages. "For example, while the law provides degrees of prohibited relationships in which marriages cannot be solemnised, it also provides that such rule is not applicable if the customs and usages of the parties permit otherwise. The question that begs for an answer is then where is the uniformity then?." He emphasised that Islam mandates equitable distribution based on financial responsibilities within the family, with women having distinct shares in line with their roles and obligations. "Banning second marriage in the proposed law is also only for publicity purposes. Because the data provided by the government itself shows that its ratio is also falling rapidly. Second marriage is not done for fun but because of social necessity," he said. The spokesperson said while the ST have already been excluded from the Act, all other castes, communities have been exempted, based on their customs. "For example, when this proposed law provides a list of prohibited relationships, in which marriages cannot be performed, it also provides the facility that if the customs of the parties allow otherwise, this rule will not apply. When a problem calls for an answer, then where is the uniformity?," he said. He said that it must also be remembered that issues such as marriage, divorce and succession are included in the concurrent list of the Constitution. "As per Article 245 of the constitution, it is the Parliament which has the law making power on these subjects. Only parliament has exclusive power to make such legislation. State’s power is subject to this exclusive power of the parliament," he said. IIlyas said as per the Muslim Personal Laws (Shariat) Application Act, 1937, in any proceedings relating to marriage, divorce or succession, Muslims shall be governed by the same. "Section 3 of the said Act provides a mechanism as well. Therefore, all that this law is doing is giving rise to multiple proceedings which will further choke the dockets of our overburdened courts," he said. He said, "The bill seeks to give itself an overriding effect by envisaging that it will be applicable across states overriding the pre existing legislations on the subject. Another question that emerges and begs for an answer is as to how a State legislation can override or repeal a Central legislation, without even naming it." The spokesperson said the legal issues with the code will definitely be dealt with by the courts in due time as some of the provisions appear to be excessive and unconstitutional, it is sad that a law and a legislative assembly is being used to fool electorate into thinking that some sort of Uniform Civil Code is enacted when in truth it is far from it. "The law will lead to only multiplicity of proceedings and confusion," he said. Ilyas said it is also important to clarify here that last July the country's minorities, Dalits and Adivasis held a joint press conference and rejected the UCC by stating saying that it was given by the Constitution of India. He said it is against fundamental rights and against religious and cultural diversity. "The ST have been exempted from the Uttarakhand Act, then how can it be declared a UC when the state has a significant population of tribals and many exemptions have been given to the majority section, which makes it a candidate. It happens that the real target of the law is only Muslims," he said...////...