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Uttarakhand Uniform Civil Code: Jamiat To Challenge UCC Implementation In High Court, Supreme Court

On Monday, Uttarakhand CM Pushkar Singh Dham🅘i announced the implementation of UCC at a programme at his official resid൩ence, where he unveiled the notification for the Uniform Civil Code.

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 Jamiat president Maulana Arshad Madani
Jamiat president Maulana Arshad Madani Photo: PTI
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Strongly opposing the implementation of the Uniform Civil Code (UCC) in Uttarakhand on Monday, prominent Muslim outfit Jamiat Ulema-e-Hind asserted that it would approach the courts to challenge the deci💦sion.

"The organisation believes thatౠ since this law is based on discrimination and bias, it cannot be called a uniform civil code. Another important question that arises is whether a state government has the authority to enact such a lꦛegislation," Jamiat's official statement read.

Uttarakhand becomes the first state to implement UCC

൩The BJP-ruled north Indian state of Uttarakhand on Monday became the first-ever state in India to implement the debatable Uniform Civil Code (UCC) which aims to promote equal laws for every citizen across all religions and standardize personal laws on marriage, divorce, and property.

On Monday, Uttarakhand CM Puꦯshkar Singh Dhami announced the implementation of UCC at a programme at his official residence, where he unveiled the notificat✨ion for the UCC, outlined its rules and regulations, and launched an online portal for the mandatory registration of marriages, divorces, and live-in relationships.

CM Dhami also became the first to register his marriage on the newly launched UCC portal as the state became the first in independent India to implement the Uniform Civil Code (UCC) on Monday. Chief Secretary🧔 Radha Raturi presented him with the registration certificate.

What do we know about UCC in Uttarakhand?

The Uni✱form Civil Code for the state of Uttarakhand has a total of 392 sections. These sections are divided into four parts and seven chapters.

Across these 392 sections, the state government has covered a series of issues such as providing equal rights to women in matters of marriage, divorce, alim🍸ony, an🐲d inheritance of property.

The state uniform civil code also bans polygamy and sets the marriageable age for men and women at 21 years and 18 years, ꦐrespectively. The registration of a marriage woul♕d also be made mandatory under the law.

Under the sta🥂te UCC, failure to register a live-in relationship would result in affine of Rs 🍌10,000 or imprisonment of three months, or both. This law, when implemented, will be applicable to all citizens of the state, except the Schedule Tribe population.

'Why discrimination if uniform?': Jamiat opposes UCC implementation

Strongly opposing the implementation of UCC after a thorough examinatio🦩n of the constitutional and legal aspects of this law, Jamiat Ulema-e-Hind in a statement said that with its implementation, there has been an assault on citizens' religious freedom as the "law is also based entirely on discrimination and bias".

Furthermore, the statement also mentioned that on the guidance of Jamiat president Maulana Arshad Madani, the organisation will challenge the decision in both the Uttarakhand High Court and the Supreme Court, the statement said.

🔯"The organisation believes that since this law is based on discrimination and bias, it cannot be called a uniform civil code. Another important question that ari🅺ses is whether a state government has the authority to enact such a legislation," the statement said.

"We cannot accept any law that is against Shariah because a Muslim can compromise with ev♛erything, but he can never compromise▨ with his Shariah and religion," Arshad Madani said.

H♐ighlighting the alleged discrepancies in the law, he said the UCC implemented in Uttarakhand has exempted Scheduled Tribes under Article 366, Clause 25 of the Constitution, and it has been argued that their rights are protected under Article 21 of the Constitution.

Madan💛i also questioned that if Scheduled Tribes can be kept outside the purview of UCC under one section of the Constitution, why religious freedom cannot be given to Muslims under Sections 25 and 26 of the Constitution, recognising the religious freedom that꧋ is guaranteed.

"If it is a 'uniform' civil🌳 code, why this distinction between citizens," he asked.

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