Jamiat to Challenge in Courts Uttarakhand’s Uniform civil Code Move

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The law is based on discrimination and bias and it cannot be called a uniform civil code, says Maulana Arshad Madani

Team Clarion

NEW DELHI — The implementation of the Uniform Civil Code (UCC) in Uttarakhand is an assault on citizens’ religious freedom as the “law is based entirely on discrimination and bias,” Jamiat Ulema-e-Hind, a prominent Muslim organisation has said.

A statement issued here on Monday said the Jamiat would challenge the Uttarakhand move in courts asserting that its lawyers have thoroughly examined its constitutional and legal aspects.

Uttarakhand Chief Minister Pushkar Singh Dhami announced the implementation of the UCC at a programme at his official residence in Dehradun. He said that the constitutional and civil rights of people of all religions have now become uniform.

The statement said that, under 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 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.

Maulana Arshad Madani 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,” Maulana Madani said.

Jamiat chief 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.

The Jamiat chief also called the implementation of UCC a deliberate conspiracy to restrict religious freedom of the citizens.

He alleged that sectarian forces want to keep the country’s minorities, especially Muslims, in constant fear and chaos by creating new, emotive and religious issues.

UCC unacceptable to Muslims

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 Uniform Civil Code 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, Maulana Mehmood 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 said.

Mehmood Madani also stated that India is a remarkable example of “unity in diversity,” and any law that disregards this principle will directly impact the nation’s unity and integrity. This, he stressed, is one of the strongest reasons for opposing the Uniform Civil Code.

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