Today, On 27th February, A PIL has been filed in the Nainital High Court questioning the constitutional validity of the UCC Act and its rules. The petition argues that the Act may violate fundamental rights and constitutional principles. The court is expected to examine whether the legislation aligns with legal and democratic frameworks. This challenge could have important legal and societal implications.
Dehradun: A Public Interest Litigation (PIL) lodged in the Nainital High Court challenging the constitutional validity of the Uniform Civil Code (UCC) Act in Uttarakhand and its associated rules.
This marks a continued opposition to the UCC since its implementation in the state. The PIL filed by Dr. Uma Bhatt, Kamala Pant of Uttarakhand Mahila Manch, and Munish Kumar of Samajwadi Lok Manch, with Supreme Court lawyer Vrinda Grover representing the case.
The petitioners argue that the UCC is “completely anti-people, unconstitutional, and a violation of privacy,” claiming it promotes discrimination against women and societal inequality.
They assert that it violates Articles 14, 15, 19, and 21 of the Constitution, particularly infringing on young people’s right to choose their life partners.
In response to rumors regarding the UCC, the Uttarakhand government’s Home Department has dismissed claims that it allows outsiders to obtain domicile certificates through marriage registration under the UCC.
The department stated,
“It has come to notice that some people are spreading misleading and wrong information… This is a wrong and misleading fact.”
They clarified that there is no connection between marriage registration and domicile certificates within the UCC, and warned of legal action against those disseminating false information.
The Home Department encouraged the public to consult official sources for accurate information and to reach out for clarification if needed.
The constitutional validity of the Uniform Civil Code (UCC) Act is a subject of legal debate, primarily concerning its alignment with fundamental rights and constitutional principles. Key issues in this debate include:
- Article 44 – Directive Principle: The Constitution of India under Article 44 directs the State to implement a Uniform Civil Code to ensure uniform personal laws across religions. However, since DPSPs are not enforceable, the legal mandate for the UCC is debated.
- Fundamental Rights (Articles 14, 25-28):
- Equality vs. Religious Freedom: While UCC promotes equality (Article 14), critics argue that it may infringe upon religious freedom (Article 25-28).
- Right to Practice Religion: Any provision overriding religious customs could be challenged as violating the right to religious practice.
- Judicial Precedents: The Supreme Court has often emphasized the need for a UCC for gender justice (e.g., Shah Bano case), but has also upheld religious freedoms. Courts will assess whether the Act strikes a constitutional balance.
- Legislative Competence: Since personal laws are in the Concurrent List, questions arise over whether the central or state government has the authority to legislate a uniform law overriding existing personal laws.
The Nainital High Court PIL challenging the UCC Act’s constitutional validity is likely to examine these aspects, determining whether the Act respects fundamental rights while fulfilling the directive principles. The final verdict could have far-reaching legal and social implications.
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