Uttarakhand Implements UCC; Jamiat Ulema-e-Hind to Challenge in Court

GG News Bureau
Dehradun, 29th Jan. Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), standardizing personal laws on marriage, divorce, and property across all religions. Chief Minister Pushkar Singh Dhami made the announcement at his official residence, declaring that the move ensures equal constitutional and civil rights for all citizens.

The decision, however, has sparked strong opposition from prominent Muslim organization Jamiat Ulema-e-Hind, which has announced plans to challenge the UCC in both the Uttarakhand High Court and the Supreme Court. The organization, under the guidance of its president Maulana Arshad Madani, has argued that the law infringes on religious freedoms and is discriminatory.

Jamiat’s Legal Challenge

In a statement, Jamiat Ulema-e-Hind asserted that its legal team has thoroughly examined the constitutional and legal aspects of the UCC. The organization claims that the law is biased and discriminatory, contradicting the very idea of a uniform code.

“The organization believes that since this law is based on discrimination and bias, it cannot be called a uniform civil code. Another important question that arises is whether a state government has the authority to enact such a legislation,” the statement read.

Maulana Arshad Madani expressed his strong opposition, emphasizing that no law against Shariah would be acceptable to the Muslim community. He questioned the exemption of Scheduled Tribes under Article 366, Clause 25 of the Constitution, arguing that similar protections should be extended to Muslims under Articles 25 and 26, which guarantee religious freedom.

“If it is a ‘uniform’ civil code, why this distinction between citizens?” he asked. “Our legal team has reviewed the legal aspects of the law, and Jamiat Ulema-e-Hind is going to challenge this decision simultaneously in the high court and the Supreme Court.”

Allegations of Religious Targeting

Madani further alleged that the implementation of the UCC was a deliberate attempt to curtail religious freedoms, calling it a conspiracy to keep minorities, especially Muslims, in a state of fear and uncertainty.

Similarly, Maulana Mahmood Madani, who leads another faction of Jamiat, strongly criticized the UCC’s enforcement, calling it a violation of constitutional rights. He pointed out that during public consultations conducted by the Law Commission of India, a majority of respondents opposed the UCC.

“The Law Commission had advised that the UCC was neither desirable nor necessary. However, the government ignored public opinion and imposed the law in an autocratic manner, undermining democratic values,” Mahmood Madani stated.

He reiterated that the framers of the Constitution had assured religious protections, and if the government fails to uphold these assurances, Muslims will oppose the UCC through all possible democratic means.

Political and Legal Ramifications

The implementation of the UCC in Uttarakhand is expected to trigger further legal and political debates across the country. While the BJP government hails it as a step towards equality and uniformity in civil laws, opposition from various religious and minority groups suggests that the matter is far from settled.

As Jamiat Ulema-e-Hind prepares to challenge the decision in court, the legal battle over the UCC is poised to become a crucial test case for the balance between uniformity in civil laws and the constitutional right to religious freedom in India.