The AIMPLB argues that the UCC infringes upon fundamental rights guaranteed under the Constitution, including religious freedom, equality, and personal liberty
NEW DELHI – Upping the ante against the proposed Uniform Civil Code (UCC) in Gujarat and its implementation in Uttarakhand, the All India Muslim Personal Law Board (AIMPLB) described them as constitutionally “flawed and “politically-motivated”.
Addressing a press conference here on Friday, senior AIMPLB officials said the Gujarat UCC Bill, which is awaiting the governor’s assent, raises “serious constitutional and legal concerns.”
Several senior members of the board, including Maulana Asghar Ali Imam Mehdi Salafi, Malik Moatasim Khan, Advocate Tahir M Hakim, and spokesperson Dr Syed Qasim Rasool Ilyas, were present during the press briefing.
“This legislation cannot be described as a genuine Uniform Civil Code. The nomenclature itself is misleading and deceptive,” the officials said.
The AIMPLB argued that the UCC infringes upon fundamental rights guaranteed under the Constitution, including religious freedom, equality, and personal liberty.
It pointed out that the concept of a UCC is mentioned under Article 44 as a Directive Principle of State Policy, which is not enforceable like fundamental rights.
“Any such code must be uniformly applicable to all citizens across the country. However, the Gujarat law neither applies nationwide nor uniformly within the state,” the board said, noting exemptions granted to Scheduled Tribes and other protected communities.
Concerns Over Lack of Transparency
The Muslim board also raised questions over the process followed by the Gujarat government, alleging a lack of transparency.
It said that although a committee was formed to gather public opinion, its report has not been made public.
“This raises serious questions about transparency and suggests that the consultative exercise was merely a procedural formality,” an AIMPLB statement said.
It recalled that both the 21st and 22nd Law Commissions had sought public feedback on the issue, and that the earlier commission had concluded that a UCC was “neither necessary nor desirable” under current conditions.
‘Attempt to Impose Majoritarian Norms’
The board alleged that the law seeks to impose majority community practices on minorities, especially Muslims.
“Issues such as marriage, divorce, inheritance, and family law are integral to Islamic jurisprudence and religious practice. Any interference violates constitutionally guaranteed rights,” it said.
The AIMPLB claimed that several provisions rooted in Islamic personal law have either been criminalised or made legally invalid under the new framework.
The board said that the UCC implemented in Uttarakhand has already been challenged in court by it and other organisations, and the matter is currently under judicial consideration.
Expressing concern over the timing, the board alleged that the move appears politically driven.
“The timing of this legislation gives rise to a reasonable apprehension that constitutional law-making is being subordinated to electoral considerations,” the statement said.
The AIMPLB has demanded an immediate halt to the implementation of the UCC in both states and called for a broader constitutional review.
It also urged that any reforms in personal laws should only be undertaken after extensive consultations with all stakeholders, within the framework of constitutional guarantees and due legal process.
