n a temporary relief for individuals affecetd by the implementation of the UCC , the High Court bench asked those affected by the UCC, to approach the court if they face any action by the authorities under the Code even before next hearing scheduled for April 1.
Team Clarion
NEW DELHI –– Eminent lawyer Kapil Sibal, during the hearing of the petition filed against the implementation and Uniform Civil Code in the Uttarakhand High Court, argued that the state government has no authority to formulate and enforce the UCC.
In a petition moved before the Uttarakhand High Court by Jamiat Ulama-i-Hind, headed by Maulana Arshad Madani ,challenging the implementation of the Uniform Civil Code in Uttarakhand, Senior Advocate Kapil Sibal and Advocate-on-record Mr. Fuzail Ahmad Ayyubi appeared before the Division Bench of Chief Justice G. Narendra and Justice Alok Verma.
While arguing in the matter, Sibal placed two key constitutional arguments before the bench. Firstly, he submitted that under List III, Entry 5, the State government has no authority to formulate and enforce Uniform Civil Code as it is being done in Uttarakhand. Even Article 44 does not mandate any state government to the power to legislate on such matters. Secondly, Sibal noted that the proposed UC Code clearly violates the fundamental rights provided to the citizens in Part III particularly under Articles 14, 19, 21, and 25 of the Constitution.
Sibal consequently pleaded the High Court to grant a stay on the Uniform Civil Code while the lawyer for the government opposed the same and sought more time to file a response. The court, however, issued notice to the state government, directing it to submit its reply. The court scheduled the next hearing for 1st April 2025.
Sibal argued that since certain provisions of the Uniform Civil Code involve punishment and penalties, it is essential to impose a stay. In response, the Chief Justice remarked that if any issue arises during this period, they would be at liberty to approach the Court even before April 1.
It is noteworthy that nearly a year after the approval of the Uniform Civil Code in the Uttarakhand Assembly, it was officially implemented on 27th January 2025 in the presence of Prime Minister Narendra Modi. This made Uttarakhand the first state in the country to implement the Uniform Civil Code.
Jamiat Ulama-i-Hind challenged this law in the Uttarakhand High Court, where the initial hearing took place today.
Maulana Madani said that in a great democratic country like India, the way this law has been introduced, despite the existence of a secular Constitution, is not only a manifestation of bias, discrimination, and prejudice, but also a clear indication that the law was formulated with the intent to harm and eliminate the social and religious identity of Muslims.
He pointed out that by referring to certain provisions of the Constitution, the exclusion of tribes from this law further proves that the law was specifically designed to undermine the Muslim community.
He further stated that while the Constitution grants special rights to minorities, these were not taken into account while drafting UCC. Moreover, common citizens are also granted fundamental rights under the Constitution, and as such, this law contradicts and negates those basic rights.
Maulana Madani added that during initial hearing, this point was raised by their lawyer before the court. He expressed hope that some justice-loving members of other communities have also filed petitions against the law, raising issues of discrimination and violation of fundamental rights. He emphasised that such a law does not just undermine the supremacy of the Constitution but also severely impacts the fundamental rights granted to citizens by the Constitution.
