AIMPLB Denounces UCC in Uttarakhand and Gujarat as Unconstitutional
Synopsis
Key Takeaways
New Delhi, April 3 (NationPress) The All India Muslim Personal Law Board (AIMPLB) has vehemently criticized the initiatives surrounding the Uniform Civil Code (UCC) in Uttarakhand and Gujarat, labeling them as constitutionally unsound, legally indefensible, and a violation of religious freedoms and civil liberties.
During a press conference, senior members of the Board expressed grave concerns regarding the UCC Bill recently passed by the Gujarat Legislative Assembly, which is currently pending the Governor’s approval. They reiterated their disapproval of the UCC already in effect in Uttarakhand.
The Board contended that the legislation, although referred to as a “Uniform Civil Code”, contradicts the constitutional ethos and infringes on fundamental rights enshrined in Part III of the Constitution, such as the rights to equality, religious freedom, and personal liberty.
They pointed out that the UCC is referenced in Article 44 of Part IV of the Constitution as a Directive Principle of State Policy, which is not enforceable in the same way as fundamental rights. Any proposed code must have uniform applicability across the nation, yet the Gujarat law fails to ensure consistency within the state and exempts Scheduled Tribes and other protected groups.
“This cannot be legitimately referred to as a true Uniform Civil Code. The term itself is misleading,” stated the Board.
In referencing Constituent Assembly discussions, the AIMPLB recalled Dr. B.R. Ambedkar's assurance that such a law would not be imposed without public consensus. Furthermore, the 21st Law Commission had previously noted that a UCC was “neither necessary nor desirable” under current circumstances.
The Board also criticized the lack of transparency in the consultative process carried out by the Gujarat government, highlighting that the committee’s report—intended to gather public input—has not been disclosed despite significant opposition.
Additionally, the AIMPLB accused the law of trying to impose majoritarian social and cultural standards on minority communities, especially Muslims. They argued that issues like marriage, divorce, inheritance, and succession are deeply rooted in religious practices, and any governmental interference infringes on constitutionally protected rights.
The Board mentioned that numerous provisions based on Islamic personal law have either been criminalized or rendered null under the proposed code, while frameworks based on majority customs are being enforced.
The AIMPLB has already challenged the Uttarakhand UCC in the High Court along with other religious organizations, and the case is currently pending.
Questioning the timing of this initiative, the AIMPLB suggested that it appears to be politically motivated, particularly in light of upcoming elections and local polls in Gujarat.
The Board has called for an immediate cessation of the UCC implementation in both states and demanded a thorough constitutional review.
Notable figures present at the press conference included AIMPLB Vice President Md Ali Mohsin Taqi, Maulana Asghar Ali Imam Mehdi Salafi, Malik Moatasim Khan from Jamaat-e-Islami Hind, Advocate Tahir M. Hakim, and spokesperson Dr. S.Q.R. Ilyas.