DEHRADUN: Four writ petitions have been filed in the Nainital High Court by various organizations and individuals opposing the controversial Uniform Civil Code, which came into effect in Uttarakhand two weeks ago.
The High Court has directed the state government to file a response within six weeks regarding a public interest petition challenging the implementation of the UCC.
A division bench comprising Chief Justice G. Narender and Justice Ashish Naithani heard a petition challenging specific provisions of the Uttarakhand Uniform Civil Code Act, 2024, particularly those related to live-in relationships.
In a significant legal move, petitioners from the Muslim community have challenged provisions of the UCC, specifically concerning marriage, divorce, Iddat, and inheritance. Dr. Kartikey Hari Gupta, counsel for petitioner Almasudin Siddiqui and others, has filed a public interest petition, citing "invasion of privacy" as a key issue.
Speaking to TNIE, he said, "We have pleaded before the Hon’ble Court that the laws prescribed in the Quran are essential religious practices that every Muslim must follow." He emphasised that the regulations of the UCC 2024 regarding these matters fundamentally conflict with the teachings of the Quran.
"We have argued that to remain a Muslim, one must adhere to the Quran and its verses," Dr. Gupta stated. He further asserted that UCC 2024 violates Article 25 of the Constitution of India, which guarantees the freedom to practice and profess religion.
"Following the Quran is a mandatory practice for Muslims. The state cannot impose civil law that contradicts these sacred texts. For instance, the Iddat period for divorced women is compulsory for Muslim women. By abolishing it, UCC 2024 infringes upon our religious practices," he highlighted before the court.
Additionally, Dr. Gupta contended that UCC 2024 violates Article 245 of the Constitution due to its extraterritorial jurisdiction.
The petitioners have also raised concerns about the mandatory registration of live-in relationships and the penalties associated with non-compliance, arguing that these provisions breach the Right to Privacy guaranteed under Article 21.
Dr. Gupta added, "We have also pleaded that UCC 2024 violates the Preamble of the Constitution, which guarantees liberty of faith, expression, belief, and worship." The court has issued notices regarding the challenge and granted six weeks for a response.
Solicitor General Tushar Mehta, representing the Uttarakhand and central governments, requested six weeks to respond to the petition after the Chief Justice sought clarification on Section 387(1) of the law.
This section criminalizes the non-registration of live-in relationships, imposing a penalty of up to three months' imprisonment, a fine of ₹10,000, or both.
In a separate petition, Suresh Singh Negi, a resident of Bhimtal, expressed concerns about several provisions of the UCC. His petition primarily contests the regulations related to 'live-in relationships,' highlighting the potential implications and challenges these provisions may pose.
Naeem Qureshi, president of the Uttarakhand Muslim Sewa Sangthan, has also filed a writ petition challenging the legal validity of the Uniform Civil Code (UCC). Counsel Aqib Qureshi, Hizab Khan, and Javed Akhtar represented the Sangathan in the proceedings.
Speaking to TNIE, Qureshi said, "The Uttarakhand Uniform Civil Code does not address equality in any sense. It infringes upon Muslim customs and the rights granted by the Constitution of India."
The Jamiat-Ulema-e-Hind organization from Haldwani has also filed a similar public interest petition in the High Court, challenging the implementation of the UCC in the state.
