New Delhi, Feb 12 Jamiat Ulama-i-Hind has filed a petition at the High Court in Nainital challenging the implementation of the Uniform Civil Code (UCC) in Uttarakhand.
The UCC was implemented in Uttarakhand in January. In response, Jamiat Ulama-i-Hind, under the leadership of its president, Maulana Arshad Madani, submitted a petition and mentioned the matter before the Chief Justice of Uttarakhand. The case is expected to be heard later this week.
A senior Supreme Court advocate will represent Jamiat Ulama-i-Hind.
Maulana Madani stated that they approached the court with the hope of securing justice and upholding the Constitution, democracy, and the rule of law. He emphasised that courts remain their last resort.
"We will not accept any law that is against Sharia. Muslims can compromise on many things, but never on their Sharia and religion. This is not just about Muslim existence but also their Constitutional rights. The government is attempting to take away the rights granted to Muslims through the UCC," he asserted.
He argued that the implementation of UCC conflicts with fundamental rights enshrined in the Constitution. "The issue is not just about Muslim personal law, but about preserving the secular fabric of the country. India is a secular nation, meaning the government has no religion, and people are free to follow any faith," he said.
Madani also contended that the UCC is detrimental to the country's unity and integrity. He pointed out that while Article 44 is cited as the basis for UCC, it is only a directive principle and not a binding provision. Meanwhile, Articles 25, 26, and 29, which guarantee religious freedom, are being ignored. The Shariat Application Act of 1937 also protects Muslim personal law.
"The government insists that one country should have one law, yet we already have variations in IPC, CrPC, and even cow slaughter laws across states. The idea that there cannot be two laws under one system is flawed," he argued.
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