Dehradun: There is a provision in the Uniform Civil Code Act of Uttarakhand, which is said to be related to marriage and divorce, in which marriage related to relatives has also been mentioned. This provision will come in the way of the tradition and practice of relative marriage in the Muslim community, when the related custom and practice is considered against public policy and morality. The Uniform Civil Code bill is still being discussed in the assembly of Uttarakhand, which has become the first state to implement UCC.
Supreme Court lawyer Gyanant Singh has said that in the Muslim community, marriages take place between close relatives and it is also clear in the draft of the bill that if there is approval in customs and traditions then marriages can be done, but in the next line It has been said that such customs or traditions and practices should not be against public policy and morality.
UCC will come in the way of marriage in close relationships: Singh has said in this regard that if a particular community rises against such a custom then UCC can come in the way of it. There is no direct implication from the fourth point given in Chapter-1 that marriage cannot take place if there is close kinship in a community. It is also a matter of how long the community can accept this custom.
Jurist Abhishek Rai has said that it would not be wrong to assume that UCC may come in the way of marriage in close relatives. For those religions in which marriage within close relatives is already prohibited, there is a clear provision of law for them, but where it is not so and questions are being raised or there is opposition regarding it, then it can be banned through UCC. .
Provision to bring all religions in the proper process: Continuing his point, Rai has said that UCC is not for any one religion, but there is also a provision to bring all the religions in the proper process. In such a situation, it will be seen what is the proper procedure, tradition, custom, ritual or practice, because it has been clearly said that no custom or practice can be against public policy or morality.
According to Supreme Court lawyer Ashwini Upadhyay, implementation of an Indian Civil Code for all citizens of the country on the lines of the Indian Penal Code can also provide freedom from hundreds of complex, useless and old customs. In such a situation, only after the implementation of UCC will it become clear what is going to be the concept of ban on marriage within close relatives? But it would not be wrong to say that the law has taken notice of this hidden question.
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