President of India, Droupadi Murmu, granted assent to Uttarakhand’s UCC Bill in March last year.
Uttarakhand: The Uttarakhand High Court sought a response from the state government within six weeks regarding multiple petitions challenging the recently implemented Uniform Civil Code (UCC). Chief Justice G Narender, while hearing one such petition on Friday, observed that anyone facing action under the UCC in the meantime could approach the court for relief.
The petition under consideration was filed by Jamiat Ulema-i-Hind, represented by Senior Advocate Kapil Sibal. The petition was specifically filed by Jamiat’s Uttarakhand state president, Mohammad Muqeem.
During the hearing, Sibal urged the court to put a stay on the UCC. However, the court did not grant the stay.
Instead, the Bench stated:
“If any individual is affected, they may approach this Bench… If action is taken, please come.”
The court clubbed this petition with other similar petitions challenging the UCC and has directed the government to submit its response within six weeks. The next hearing on the matter has been scheduled for April 1.
The Jamiat Ulema-i-Hind’s petition argues that the provisions related to marriage, divorce, succession, and live-in relationships under the UCC violate fundamental rights. The petition states that the UCC provisions are “repugnant” to the Muslim Personal Law (Shariat) Application Act, 1937 and seeks a declaration that these provisions should not apply.
The petition also refers to the Supreme Court’s ruling in Shayara Bano vs Union of India and argues that this decision should remain valid despite the introduction of the UCC.
The petition further states that the UCC’s regulations regarding marriage and live-in relationships violate fundamental rights, particularly Article 14 (Right to Equality), Article 19 (Freedom of Expression), and the Right to Privacy.
The petition argues that these new regulations put restrictions on an individual’s “freedom of choice for a spouse in marriage when different religions and denominations permit such relationships.”
Another major concern raised in the petition is regarding intestate and testamentary succession under the UCC. The petition highlights that, under Muslim personal law, a Muslim individual cannot make a will beyond one-third of their total property.
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The petition states:
“It is submitted that the religious tenets applicable to Muslims under the Muslim personal law or Shariat prohibit making any will beyond 1/3rd of the property of a Muslim. Any will which exceeds the 1/3rd rule becomes, therefore, void.”
The petition further argues that the Muslim Personal Law (Shariat) Application Act, 1937 is a special law designed to protect a Muslim’s right to practice their religion. It claims that this Act has been upheld in the Shayara Bano vs Union of India (2017) judgment by a five-judge Supreme Court Bench, which recognized it as a law providing an “option to be governed by the Muslim Personal Law (Shariat) in all questions (save questions relating to agricultural land).”
The petition also references the Law Commission of India’s Consultation Paper on Reform of Family Laws in India, which noted that there is no national consensus on implementing a Uniform Civil Code. The petition argues that the best approach would be to preserve the diversity of personal laws while ensuring they do not violate fundamental rights.
With the High Court setting a six-week deadline for the state government’s response, the case is now awaited for its next hearing on April 1. Meanwhile, individuals facing action under the UCC can seek relief by directly approaching the High Court.
