With Uttarakhand becoming the first State to implement the Uniform Civil Codeprominent Muslim organisation Jamiat Ulema-e-Hind on Monday (January 27, 2025) said it will challenge the decision in courts, asserting that its lawyers have thoroughly examined its constitutional and legal aspects.
BJP-ruled Uttarakhand on Monday became the first State in India to implement the Uniform Civil Code (UCC), which promotes equal laws for every citizen across all religions and standardises personal laws on marriage, divorce and property.
Chief Minister Pushkar Singh Dhami announced the implementation of UCC at a programme at his official residence in Dehradun, saying with this the constitutional and civil rights of people across all religions have become uniform.
In a statement, Jamiat Ulema-e-Hind said that with its implementation, there has been an assault on citizens’ religious freedom as the “law is also based entirely on discrimination and bias”.
On the guidance of Jamiat president Maulana Arshad Madani, the organisation will challenge the decision in both the Uttarakhand High Court and the Supreme Court, the statement said.
Jamiat’s lawyers have thoroughly examined the constitutional and legal aspects of this law, it said.
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“The organisation 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 said.
Arshad Madani, who heads one faction of the Jamiat, expressed his strong objection to the decision of the Uttarakhand government.
“We cannot accept any law that is against Shariah because a Muslim can compromise with everything, but he can never compromise with his Shariah and religion,” Arshad Madani said.
He said the UCC implemented in Uttarakhand has exempted Scheduled Tribes under Article 366, Clause 25 of the Constitution, and it has been argued that their rights are protected under Article 21 of the Constitution.
Arshad Madani questioned that if Scheduled Tribes can be kept outside the purview of UCC under one section of the Constitution, why religious freedom cannot be given to Muslims under Sections 25 and 26 of the Constitution, recognising the religious freedom that is guaranteed.
“If it is ‘uniform’ civil code, why this distinction between citizens,” he asked.
“Our legal team has reviewed the legal aspects of the law and Jamiat Ulama-i-Hind is going to challenge this decision simultaneously in the high court and the Supreme Court,” he said.
Arshad Madani also called the implementation of UCC a deliberate conspiracy to restrict religious freedom of the citizens.
He alleged that the sectarian forces want to keep the country’s minorities, especially Muslims, in constant fear and chaos by creating new, emotive and religious issues.
Maulana Mahmood Madani, who heads the other faction of the Jamiat, also strongly criticised the implementation of UCC in Uttarakhand, describing it as a violation of the constitutional right to religious freedom.
He asserted that the act is entirely unacceptable to Muslims.
The enforcement of such a law, ignoring the perspectives of the relevant stakeholders, particularly the Muslim minority, reflects a blatant disregard for justice, Mahmood Madani said.
During the public consultations sought by the Law Commission of India, it became evident that the majority of the people of the country do not support such a code, he said.
Consequently, the Law Commission advised the government that the UCC was neither desirable, nor necessary, Mahmood Madani noted.
However, disregarding public opinion and the Law Commission’s recommendations, the government has imposed this law in an autocratic manner, undermining democratic values, he alleged.
He emphasised that Jamiat Ulema-e-Hind has repeatedly presented to the government the truth that the framers of the Constitution had assured the protection of religious rights.
“If the government reneges on this commitment, Muslims will oppose it within all possible democratic measures,” he said.
He also reaffirmed the “resolve” of the Muslim community to steadfastly adhere to Islamic Shariah and remain undeterred by any law that attempts to obstruct their religious practices.
Published – January 28, 2025 06:32 am is
