The Uttarakhand High Court Today (Feb 12) sent notices to the Central and State governments regarding multiple petitions challenging the recently implemented Uniform Civil Code (UCC). Petitioners argue that the UCC violates fundamental rights under the Constitution, interferes with religious practices, and imposes unconstitutional restrictions on marriage and live-in relationships. The court has combined similar petitions and will hear the matter after six weeks.
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Nainital: The Uttarakhand High Court today sent a notice to the Central and State governments regarding petitions that challenge some parts of the Uniform Civil Code (UCC), which was recently introduced by the Uttarakhand government.
A bench including Chief Justice G Narendar and Justice Ashish Naithani has given six weeks to the concerned parties to submit their responses.
This notice was issued in a Public Interest Litigation (PIL) filed by Almasuddin Siddiqui and Ikram. They have argued that the UCC is against the fundamental rights of Muslims and other citizens as stated in Articles 14, 19, 21, and 25 of the Indian Constitution. They have also said that the Code affects the essential religious practices of the Muslim community.
The High Court has combined this petition with other similar petitions that challenge the UCC on different grounds.
The court will hear the matter after six weeks.
In another petition, Advocate Aarushi Gupta has requested the court to declare some major parts of the UCC unconstitutional. These include provisions related to how the UCC is applied, the requirement to register marriages, and the registration or termination of live-in relationships.
The petition specifically questions the validity of several sections of the Uttarakhand UCC 2025, including “Sections 3(c), 3(n)(iv), 4(iv), 8, 11, 13, 25(3), 29, 32(1) and (2), 378, 380(1), 384, 381, 385, 386, and 387,” along with related rules.
Advocate Kartikey Hari Gupta, who is representing the petitioners, has argued that the Quran and its verses provide religious laws that are essential for Muslims.
He claims that
“The UCC 2024 contradicts Quranic teachings”
because it interferes with these religious laws.
The petitioners have also said that-
“The 2024 Code violates Article 245 of the Constitution,”
as it acts like a state law but has effects beyond Uttarakhand’s borders.
Additionally, the petitioners have objected to
“The mandatory registration of live-in relationships and the penal provisions for non-compliance,”
arguing that such rules go against
“The Right to Privacy guaranteed under Article 21 of the Constitution.”
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