New Delhi, April 3 (IANS) The All India Muslim Personal Law Board (AIMPLB) on Friday strongly opposed the Uniform Civil Code (UCC) initiatives in Uttarakhand and Gujarat, terming them constitutionally flawed, legally untenable, and violative of religious freedom and civil liberties.
Addressing a press conference here, senior Board members said the UCC Bill passed by the Gujarat Legislative Assembly -- currently awaiting the Governor’s assent -- has raised serious constitutional, legal, and democratic concerns. They also reiterated their opposition to the UCC already implemented in Uttarakhand.
The Board argued that the legislation, despite being described as a “Uniform Civil Code”, runs contrary to the constitutional spirit and infringes upon fundamental rights guaranteed under Part III of the Constitution, including the rights to equality, religious freedom, and personal liberty.
It noted that the UCC is mentioned under Article 44 in Part IV of the Constitution as a Directive Principle of State Policy, which is not enforceable like fundamental rights. Any such code, the Board said, must be uniformly applicable across the country. However, it pointed out that the Gujarat law neither has nationwide applicability nor ensures uniformity within the state, as Scheduled Tribes and other protected groups have been exempted.
“This cannot be termed a genuine Uniform Civil Code. The very nomenclature is misleading,” the Board said.
Referring to Constituent Assembly debates, the AIMPLB said Dr B.R. Ambedkar had assured that such a law would not be imposed without public consent. It added that the 21st Law Commission had earlier observed that a UCC was “neither necessary nor desirable” in the prevailing circumstances.
The Board also raised concerns over the lack of transparency in the consultative process undertaken by the Gujarat government, stating that the report of the committee formed to gather public feedback has not been made public despite widespread opposition.
The AIMPLB further alleged that the law seeks to impose majoritarian social and cultural norms on minority communities, particularly Muslims. It argued that matters such as marriage, divorce, inheritance, and succession are integral to religious practices, and any state interference violates constitutionally guaranteed rights.
According to the Board, several provisions rooted in Islamic personal law have either been criminalised or rendered invalid under the proposed code, while alternative frameworks based on majority customs are being imposed.
The Board informed that the Uttarakhand UCC has already been challenged before the High Court by AIMPLB and other religious organisations, and the matter is currently sub judice.
Questioning the timing of the move, the AIMPLB suggested it appears politically motivated, especially in view of upcoming elections and civic polls in Gujarat.
The Board has demanded an immediate halt to the implementation of the UCC in both states and called for a comprehensive constitutional review.
Those present at the press conference included AIMPLB Vice President Md Ali Mohsin Taqi, Maulana Asghar Ali Imam Mehdi Salafi, Malik Moatasim Khan of Jamaat-e-Islami Hind, Advocate Tahir M. Hakim, and spokesperson Dr S.Q.R. Ilyas.
--IANS
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