Jamiat Ulema-e-Hind has challenged the law in the high court, calling several provisions unconstitutional and discriminatory.
DEHRADUN — One of the premier Muslim organisations in the country, the Jamiat Ulema-e-Hind, has moved the Uttarakhand High Court against the controversial Uniform Civil Code (UCC) enacted in the state last year, arguing that it infringes upon Muslim personal law and the Shariah (Islamic rules). The court has fixed 15 October for the next hearing, after the Central government sought additional time to respond.
During proceedings on 23 September, Solicitor General Tushar Mehta appeared on behalf of the Centre but requested more time to file its reply. The bench, comprising Chief Justice G Narendra and Justice Alok Mehra, accepted the request and adjourned the matter.
Earlier, on 18 August, the court had noted that while the Uttarakhand government had submitted its response, the Centre had not. Senior advocate Raju Ramachandran, appearing for the petitioners, pointed this out, leading to the adjournment.
Representing the Jamiat, senior advocate Kapil Sibal raised constitutional objections to the state’s move. He argued that Entry 5 of List III of the Constitution bars state governments from enacting a uniform civil code, and that Article 44—which mentions the directive principle of a UCC—does not empower states to legislate on the matter.
Sibal further contended that the UCC violates fundamental rights under Articles 14, 19, 21, and 25, affecting the religious freedom and personal laws of Muslims. The Jamiat claims the law directly interferes with Shariah, citing examples such as the abolition of the Islamic injunction of iddat (mandatory period a Muslim woman must observe after her husband’s death or a divorce) and restrictions in family and personal matters.
The Pushkar Singh Dhami government passed the UCC in the Uttarakhand Assembly in early 2024, and it was formally implemented on 27 January 2025 in the presence of Prime Minister Narendra Modi. This made Uttarakhand the first state in India to operationalise a uniform civil code.
The legislation has since drawn widespread criticism and protests, particularly from Muslim groups. On the instructions of Maulana Arshad Madani, President of the Jamiat Ulema-e-Hind, the organisation has challenged the law in the high court, calling several provisions unconstitutional and discriminatory.
