The All India Muslim Personal Law Board (AIMPLB) launched a stinging critique against the implementation of the Uniform Civil Code (UCC) in Uttarakhand and its recent passage in the Gujarat Legislative Assembly. The board labelled the legislative moves as "constitutionally flawed," "legally untenable," and "politically motivated."
Legislative Context
The Board’s intervention comes as the Gujarat UCC Bill awaits the Governor’s assent, following in the footsteps of Uttarakhand, which became the first state in independent India to implement such a code earlier this year.
In a press conference held in New Delhi, the AIMPLB argued that these state-level codes directly infringe upon the fundamental rights concerning religious freedom, equality, and personal liberty.
A central pillar of the Board's argument rests on the distinction between fundamental rights and directive principles.
Paradox of 'Uniform' Label
The Board noted that while the UCC is mentioned under Article 44, it is a directive principle of state policy, which is not legally enforceable in the same manner as fundamental rights. It pointed out a paradox in the legislation’s 'uniform' label, highlighting that the law does not apply nationwide, nor is it uniform within the states themselves, citing exemptions granted to Scheduled Tribes and other protected communities.
"This legislation cannot be described as a genuine Uniform Civil Code. The nomenclature itself is misleading and deceptive," the Board stated.
Ambedkar's Legacy & Law Commission
The AIMPLB invoked the legacy of Dr. B.R. Ambedkar, stating that during the constituent assembly debates, Ambedkar assured that such laws would not be imposed without public consent. It also raised questions regarding the democratic process, referencing the 21st Law Commission’s observation that a UCC was "neither necessary nor desirable" at this stage. It criticised the Gujarat Government for a lack of transparency, alleging that while a committee was formed to gather feedback, its report remains shielded from public view despite significant opposition.
The Board expressed grave concern, alleging that the UCC is an attempt to impose "majoritarian social and cultural norms" on minorities. They argued that Islamic jurisprudence regarding marriage, divorce, and inheritance is central to the Muslim faith. It claimed that the new codes effectively criminalize traditional provisions of Islamic personal law, invalidate long-standing religious frameworks and substantiate majoritarian customs as the new legal standard.
The AIMPLB also questioned the timing of these legislative pushes, highlighting that municipal polls in Gujarat and several state elections are on the horizon. It suggested that "constitutional law-making is being subordinated to electoral considerations."
The Board's demanded an immediate halt to the implementation of the UCC in both states, a comprehensive constitutional review of the legislation and that any future family law reforms must involve broad-based consultation with all stakeholders to ensure they align with constitutional guarantees.
