At a Dehradun event, Supreme Court advocate Ashwini Upadhyay assured that the Uniform Civil Code (UCC) will not violate religious rights under Article 25. The discussion emphasized the UCC’s role in national uniformity while respecting constitutional freedoms, with input from various legal experts.
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DEHRADUN: During a pivotal dialogue session on ‘One Nation-One Law’ held in Dehradun on Sunday(15th Sept) , senior Supreme Court advocate Ashwini Upadhyay made it clear that –
“implementation of the Uniform Civil Code (UCC) will not infringe upon the fundamental religious rights protected under Article 25.”
The discussion, focused on the intricacies of the UCC, highlighted how these religious rights, including freedom of worship, the ability to establish and manage religious institutions, promoting religious education, adopting different marriage methods, and choosing funeral rites, would remain unaffected.
In the presence of a distinguished audience, Upadhyay, the keynote speaker at the event, stressed the importance of the UCC in creating uniformity across the nation while respecting constitutional freedoms. The session saw participation from various legal luminaries, including Retired Uttarakhand High Court Justice Lokpal Singh, chief standing counsel of the state Chandrashekhar Singh Rawat, senior advocate TS Bindra, alongside other high court lawyers and social workers, making it a comprehensive discussion about the future of the nation’s legal system.
Supporting the vision of Shyama Prasad Mukherjee, founder of the Bharatiya Jana Sangh, Upadhyay explained how the UCC fits into the broader vision of a unified nation. Mukherjee’s ideology of ‘one country, one head of state, one constitution, and one flag’ found resonance with Upadhyay’s argument for the Uniform Civil Code.
He stated-
“The abrogation of Article 370 and the implementation of UCC are indispensable steps in this direction,”
emphasizing that the UCC, much like the removal of Article 370, is a necessary step to ensure national unity and equality under one law.
This argument points to how the UCC would act as a crucial pillar in the unification of personal laws across different religions in India, fostering a sense of oneness among all citizens, irrespective of religious affiliations.
Another pressing issue raised by Ashwini Upadhyay during the dialogue was the extensive powers enjoyed by the Waqf Board in managing properties across India. He expressed concerns over the disproportionate authority held by the Waqf Board in handling religious properties, particularly focusing on the absence of safeguards for non-Islamic communities.
He stated-
“There are no provisions to protect Hindu and non-Islamic communities’ private and religious properties from being included on the Waqf list issued by the government or Waqf board.”
Upadhyay elaborated that the Waqf Board has become the third-largest landowner in India after railways and defense, managing a staggering number of properties.
“The Waqf Board is the third-largest landowner in India, following the railways and defense, with around three lakh Waqf properties registered nationwide, spanning approximately four lakh acres of land.”
– he said.
Special Authority Under Waqf Act 1995
One of the key legal concerns highlighted during the discussion was the special authority given to the Waqf Board under Section 40 of the Waqf Act, 1995. Upadhyay pointed out that this section allows the board to investigate any property and declare it as Waqf property.
He explained the mechanism by stating-
“Section 40 of the Waqf Act 1995 grants the Waqf Board the authority to investigate whether a property is Waqf property. If the board determines that a property belonging to any trust or society is Waqf property, it can issue a show-cause notice. The board’s decision is final and can only be challenged in the Waqf tribunal.”
This unchecked authority granted to the Waqf Board has raised concerns about the lack of a fair appeal process for other religious and private entities. The ability of the board to make final decisions on property matters without adequate provisions for recourse outside of the Waqf tribunal is a contentious point that Upadhyay believes needs immediate attention.
Call for Reforms in the Waqf Act
To address these concerns, Upadhyay advocated for significant reforms in the Waqf Act. He called for more accountability within the Waqf Board and the proper utilization of the properties under its management.
“There is a need for reforms in the Waqf Act to ensure accountability of the board and proper use of properties listed under it,”
– he said.
This sentiment underscores the growing demand for transparency in how the Waqf Board manages the land and properties under its control and the necessity for safeguarding the interests of non-Islamic communities.
By advocating for reforms, Upadhyay is pushing for a more balanced approach where religious bodies from all communities can manage their properties with equal rights and protections.