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It will challenge the implementation of UCC in Uttarakhand in the Superior Court, SC: Jamiat

It will challenge the implementation of UCC in Uttarakhand in the Superior Court, SC: Jamiat

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With Uttarakhand becoming the first state to implement the uniform Civil Code, the outstanding Muslim organization Jamiat Ulema-E-Hind on Monday (January 27, 2025) said that he will challenge the decision in the courts, stating that his lawyers have thoroughly examined its constitutional and legal aspects aspects.

Uttarakhand governed by BJP became the first state in India on Monday to implement the uniform Civil Code (UCC), which promotes equal laws for each citizen in all religions and standardizes personal laws on marriage, divorce and property.

Prime Minister Pushkar Singh Dhami announced the implementation of UCC in a program in his official residence in Dehradun, saying that with this the constitutional and civil rights of people in all religions have become uniforms.

In a statement, Jamiat Ulema-E-Hind said that with its implementation, there has been an assault on the religious freedom of citizens, since the “law is also completely based on discrimination and bias.”

Regarding the guide of the president of Jamiat, Maulana Arshad Madani, the organization will challenge the decision both in the Superior Court of Uttarakhand and in the Supreme Court, according to the statement.

Jamiat’s lawyers have thoroughly examined the constitutional and legal aspects of this law, he said.

Also read | Uttarakhand UCC nothing more than starting a pilot project without an adequate consensus: Congress

“The organization believes that, since this law is based on discrimination and bias, you cannot call a uniform civil code. Another important question that arises is whether a state government has the authority to promulgate such legislation,” said the statement .

Arshad Madani, who directs a faction of Jamiat, expressed his strong objection to the decision of the government of Uttarakhand.

“We cannot accept any law that is against Shariah because a Muslim can commit to everything, but he can never commit to his Shariah and his religion,” said Arshad Madani.

He said that the UCC implemented in Uttarakhand has exempted the tribes scheduled under article 366, clause 25 of the Constitution, and it has been argued that their rights are protected under article 21 of the Constitution.

Arshad Madani questioned that if the scheduled tribes can be kept out of the reach of UCC under a section of the Constitution, why religious freedom cannot be given to Muslims under sections 25 and 26 of the Constitution, recognizing the guaranteed religious freedom .

“If it is a ‘uniform’ civil code, why this distinction among citizens,” he asked.

“Our legal team has reviewed the legal aspects of the Law and Jamiat Ulama-I-Hind will challenge this decision simultaneously in the Superior Court and in the Supreme Court,” he said.

Arshad Madani also described the implementation of UCC a deliberate conspiracy to restrict the religious freedom of citizens.

He claimed that sectarian forces want to keep minorities in the country, especially Muslims, constantly fear and chaos through the creation of new, emotional and religious problems.

Maulana Mahmood Madani, who directs the other faction of Jamiat, also firmly criticized the implementation of UCC in Uttarakhand, describing it as a violation of constitutional right to religious freedom.

He affirmed that the act is completely unacceptable for Muslims.

The application of this law, ignoring the perspectives of the relevant stakeholders, particularly the Muslim minority, reflects a shameless contempt for justice, said Mahmood Madani.

During the public consultations requested by the Law Commission of India, it became evident that the majority of the country in the country do not support said code, he said.

Consequently, the Law Commission informed the Government that the UCC was neither desirable nor necessary, said Mahmood Madani.

However, without taking into account the public opinion and recommendations of the Law Commission, the Government has imposed this law autocratically, undermining democratic values, he claimed.

He stressed that Jamiat Ulema-E-Hind has repeatedly presented to the Government the truth that the constitution’s editors had ensured the protection of religious rights.

“If the government renews in this commitment, Muslims will oppose in all possible democratic measures,” he said.

He also reaffirmed that the “resolution” of the Muslim community firmly adhered to Islamic Shariah and remains unchanged by any law that tries to obstruct its religious practices.

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