UCC Implementation in Uttarakhand will be Challenged in High Court, Supreme Court: Jamiat Vows Legal Battle

Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC), ensuring equal laws for all citizens. However, the move has drawn sharp criticism from Jamiat Ulema-e-Hind, which plans to challenge the decision in court, citing it as discriminatory and an attack on religious freedom. The organization argues that the law violates constitutional guarantees of religious rights and vows to oppose it through all democratic means.

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UCC Implementation in Uttarakhand will be Challenged in High Court, Supreme Court: Jamiat Vows Legal Battle

Dehradun: Uttarakhand has become the first Indian state to implement the Uniform Civil Code (UCC), which establishes equal laws for all citizens regardless of religion, standardizing personal matters such as marriage, divorce, and property.

This historic decision, announced on January 27, 2025, by Chief Minister Pushkar Singh Dhami at an event in Dehradun, has sparked widespread reactions, particularly from Jamiat Ulema-e-Hind, a prominent Muslim organization.

The organization, led by Maulana Arshad Madani, announced plans to challenge the decision in the courts, stating that its legal team has thoroughly examined the constitutional and legal implications of the UCC.

They argue that the new law undermines religious freedoms and is inherently discriminatory.

“The law is also based entirely on discrimination and bias,”

-Jamiat Ulema-e-Hind said in a statement.

Guided by its president, Arshad Madani, the group plans to approach both the Uttarakhand High Court and the Supreme Court to oppose the UCC.

“The organisation believes that since this law is based on discrimination and bias, it cannot be called a uniform civil code. Another important question that arises is whether a state government has the authority to enact such a legislation,”

-the statement added.

Arshad Madani expressed strong opposition to the UCC, asserting that it conflicts with Islamic principles.

“We cannot accept any law that is against Shariah because a Muslim can compromise with everything, but he can never compromise with his Shariah and religion,”

-he stated.

UCC Implementation in Uttarakhand will be Challenged in High Court, Supreme Court: Jamiat Vows Legal Battle

He also pointed out that while Scheduled Tribes have been excluded from the UCC under Article 366, Clause 25, their rights are protected under Article 21 of the Constitution. He questioned why similar protections cannot be extended to Muslims under Sections 25 and 26, which guarantee religious freedom.

“If it is ‘uniform’ civil code, why this distinction between citizens?”

-he asked.

Jamiat’s legal team is determined to challenge the UCC on these grounds.

“Our legal team has reviewed the legal aspects of the law, and Jamiat Ulama-i-Hind is going to challenge this decision simultaneously in the high court and the Supreme Court,”

-said Madani.

He also criticized the move as a deliberate attempt to curtail the religious freedoms of citizens, alleging that it is part of a larger conspiracy.

“Sectarian forces want to keep the country’s minorities, especially Muslims, in constant fear and chaos by creating new, emotive, and religious issues,”

-he claimed.

UCC Implementation in Uttarakhand will be Challenged in High Court, Supreme Court: Jamiat Vows Legal Battle

Maulana Mahmood Madani, leader of another faction of the Jamiat, also condemned the UCC, calling it a violation of constitutional rights. He argued that the law disregards the views of stakeholders, especially the Muslim minority, and reflects a lack of justice.

“The enforcement of such a law, ignoring the perspectives of the relevant stakeholders, particularly the Muslim minority, reflects a blatant disregard for justice,”

-he said.

Mahmood Madani highlighted that during public consultations conducted by the Law Commission of India, the majority of citizens did not support a Uniform Civil Code.

“The Law Commission advised the government that the UCC was neither desirable nor necessary,”

-he said.

Despite this, the government has gone ahead with implementing the UCC, which he described as autocratic and a violation of democratic values.

“Disregarding public opinion and the Law Commission’s recommendations, the government has imposed this law in an autocratic manner, undermining democratic values,”

-he alleged.

Both factions of Jamiat have reaffirmed their commitment to upholding Islamic Shariah and resisting any law that interferes with religious practices.

“If the government reneges on this commitment, Muslims will oppose it within all possible democratic measures,”

-said Mahmood Madani.

He also reiterated the Muslim community’s steadfast resolve.

“We remain undeterred by any law that attempts to obstruct our religious practices,”

-he concluded.

Click Here to Read Previous Reports on UCC

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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