On February 6, the Uttarakhand Legislative Assembly witnessed the introduction of a Uniform Civil Code (UCC) bill, marking a significant legislative development aimed at establishing common civil laws applicable to all residents, irrespective of religion, caste, race, or gender. However, the proposal has ignited controversy, particularly with the All India Muslim Personal Law Board (AIMPLB) vocally opposing the bill’s implementation.
Maulana Khalid Rashid Farangi Mahli, an executive member of AIMPLB, denounced the UCC bill, labelling it unjustifiable. He highlighted the existing legal framework, where Muslims are governed by the 1937 Sharia Act, while Hindus operate under distinct laws such as the Hindu Marriage Act, Hindu Succession Act, and Hindu Adoption and Maintenance Act. Farangi Mahli emphasised the importance of religious autonomy, arguing that UCC could undermine individual rights enshrined in religious laws.
He said, “We believe equality cannot be achieved in all laws. If you exclude any society from the law, how is this a Uniform Civil Code? One of the fundamental rights of the Constitution is religious freedom. We believe there is no need for such a UCC. A draft has been presented in the Assembly, and our legal team will study it. After that, we will decide our course of action.”
Farangi Mahli articulated, “We believe equality cannot be achieved in all laws… If you exclude any society from the law, how is this a Uniform Civil Code?” He emphasised the constitutional right to religious freedom and announced AIMPLB’s intent to legally challenge the UCC bill’s validity.
Beyond Uttarakhand, the proposition of Common Civil Code has also surfaced in Assam, with Chief Minister Himanta Biswa Sarma expressing interest in exploring its feasibility. However, the stance of the Congress party remains staunchly opposed to the Common Civil Code, as highlighted by Congress leader Imran Pratapgarhi. Pratapgarhi condemned BJP-led state governments for propagating UCC, accusing them of attempting to impose uniformity in a diverse nation like India.
Meanwhile, Syed Tufail Hasan, a leader from the Samajwadi Party, echoed AIMPLB’s resistance to UCC, asserting Muslims’ commitment to adhering to Sharia law. Hasan declared that even if UCC were enacted nationally, Muslims would prioritise the Quran and Hadith over conflicting legal provisions. He affirmed, “If UCC has different laws from the Quran and Hadith, we will not accept it. We are followers of the Quran and Hadith. We will go to any extent if our religion is attacked.”
The discourse surrounding UCC underscores deep-seated tensions between uniformity in civil laws and the preservation of religious autonomy, reflecting broader societal debates on secularism and individual rights in India.
