DEHRADUN: A significant legal battle is unfolding in Uttarakhand as five petitions have been filed against the Uniform Civil Code (UCC), which came into effect on January 27.
Various Muslim organisations and concerned groups are contesting the law's legality, claiming it undermines their community's established personal laws.
The Nainital High Court has set a hearing for all related petitions on April 1, allowing six weeks for the parties to prepare their arguments.
The petitions assert that the UCC conflicts with the prevailing practices of the Muslim community, raising concerns about its implications on personal rights.
In a significant pronouncement, Chief Justice G Narendar, presiding over the division bench of the High Court, urged individuals adversely affected by the Uniform Civil Code (UCC) to seek judicial recourse.
"Individuals who believe they have been impacted by actions taken under the UCC are hereby encouraged to bring their grievances before the court," he said.
Among those challenging the UCC is Mohd. Mukim, the Nainital District President of the Jamiat Ulema-e-Hind (JUH), who, along with Tajim Ali from Haridwar, Shoaib Ahmed from Mallital Nainital, Mohammad Shah Nazar, Abdul Sattar, and Mustaqeem Hasan from Dehradun, voiced their concerns during a recent hearing.
Additionally, Naeem Ahmed Qureshi, President of the Muslim Sewa Sangthan, has also filed a writ petition against the UCC.
The legal fray intensified with advocate Arushi Gupta filing public interest litigation against specific provisions of the UCC.
Just days earlier, Suresh Singh Negi from Bhimtal contested the UCC's regulations regarding live-in relationships, reflecting widespread discontent among various groups.
Senior advocate Kapil Sibal presented compelling arguments before the bench, asserting that no provincial government possesses the authority to implement a UCC under the third entry of the legislative list.
"Even Article 44 does not permit any provincial government to enact such a law," Sibal contended.
He further emphasised that the UCC violates fundamental rights enshrined in Articles 14, 19, 21, and 25 of the Constitution, urging the court to impose a stay on its implementation.
In response, the advocate representing the Uttarakhand government opposed Sibal's request and sought additional time to file a reply. The court directed the state government to respond accordingly.
The next hearing is scheduled for April 1, 2025, where Sibal intends to focus on securing a stay.
Highlighting potential penalties and fines associated with the UCC, Sibal underscored the urgency for judicial intervention.
The Chief Justice assured that if any case arises during this interim period, petitioners could bring it to the court's attention immediately, reiterating that anyone personally affected by the law may seek redress from the bench.
