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UCC: Uniform Civil Code has been implemented in Uttarakhand. Uttarakhand is the first state in the country to do so. However, Jamiat Ulama-e-Hind has expressed displeasure over this and has talked about going to court. According to Jamiat Ulama-e-Hind, by implementing the Uniform Civil Code, not only has the religious freedom of citizens been attacked, but this law is completely based on discrimination and prejudice. Under the guidance of Jamiat Ulama-e-Hind President Maulana Arshad Madani, Jamiat Ulama-e-Hind will challenge this decision in both the Nainital High Court and the Supreme Court.
The lawyers of Jamiat Ulama-e-Hind have thoroughly examined the constitutional and legal aspects of this law. The organization believes that since this law is based on discrimination and prejudice, it cannot be called a Uniform Civil Code. Another important question that arises is whether a state government has the right to make such a law.
Maulana Madani’s sharp reaction
On the decision of the state government to implement Uniform Civil Code in Uttarakhand, President Jamiat Ulama-e-Hind Maulana Arshad Madani expressed his strong reaction and said that we do not accept any law which is against Shariat, because Muslims can compromise with everything, but cannot compromise with their Shariat. He said that in the Uniform Civil Code law implemented in Uttarakhand, Scheduled Tribes have been exempted under Article 366, Section 25 of the Indian Constitution and it has been argued that their rights have been protected under Article 21 of the Constitution.
Will challenge in Nainital High Court and Supreme Court
Maulana Madani raised the question that if Scheduled Tribes can be kept out of this law under one section of the Constitution, then why can’t we be given religious freedom under Section 25 and 26 of the Constitution, in which religious freedom has been guaranteed by recognizing the fundamental rights of citizens. If this is Uniform Civil Code, then why this discrimination among citizens? He also said that our team has reviewed the legal aspects and Jamiat Ulama-e-Hind is going to challenge this decision simultaneously in the Nainital High Court and the Supreme Court.
Section 44 is not a guideline but a suggestion
He said that Section 44 is presented as evidence to implement the Uniform Civil Code and it is propagated that the Uniform Civil Code is mentioned in the Constitution, whereas Section 44 is not a guideline but a suggestion, but there is no mention of Articles 25, 26 and 29 of the Constitution, in which religious freedom is guaranteed while accepting the fundamental rights of the citizens.
Different laws in many states
The sections of IPC and CrPC in our country are also not the same in the whole country, its shape changes in the states. The law of cow slaughter is also not the same in the country, the law that is there is not applicable in five states. Regarding reservation in the country, the Supreme Court has set its limit at 50 percent, but more than 50 percent reservation has been given in different states. He questioned that when the civil law is not the same in the whole country, then why is there a push to implement a family law across the country? Our country is a multi-cultural and multi-religious country, this is also its specialty, so one law cannot work here. Those who blindly support Section 44 forget that under this section, it has also been advised that alcohol should be banned in the whole country, the gap between the rich and the poor should be eliminated, why does the government not do this? Is it not necessary?
No differences in basic principles
Maulana Madani said that we want to make it clear that our family law is not a law made by humans, it has been made by the Quran and Hadith. There can be a jurisprudential debate on this, but we have no differences on the basic principles. He also said that communal forces want to keep the minorities of the country, especially Muslims, in constant fear and anarchy by raising new emotional and religious issues every day, but Muslims should not live in any kind of fear and anarchy.
Jamiat Ulama-e-Hind will continue the struggle
As long as there are justice-loving people left in the country, Jamiat Ulama-e-Hind will continue its struggle against those forces, which are not only a big threat to the unity and integrity of the country but are also dividing the society on the basis of discrimination. He said that love, not hatred, has been the yeast of this country for thousands of years. Hatred can certainly be called successful for some time, but we are sure that ultimately love will prevail.
