New Delhi: The All India Muslim Personal Law Board (AIMPLB) on Friday, April 3, slammed as “unconstitutional” the passage of the Uniform Civil Code (UCC) Bill by the Gujarat Assembly and asserted that it would challenge it in the Gujarat High Court.
The Board said the Bill is an attempt to impose majoritarian social and cultural norms upon minority communities, particularly Muslims, and this is “unacceptable”.
After a marathon debate of more than seven hours, the Gujarat Assembly last week passed the UCC Bill that seeks to put in place a common legal framework to govern marriage, divorce, succession and live-in relationships irrespective of religion.
The Bill stipulates a seven-year jail term if marriages are conducted through force, coercion or fraud, and also prohibits bigamy and polygamy. It makes registration of marriages and live-in relationships mandatory.
The AIMPLB strongly opposed the Bill passed by the Gujarat Legislative Assembly and the earlier UCC law implemented in Uttarakhand, describing them as “constitutionally flawed, legally untenable and fundamentally violative of religious freedom and civil liberties”.
Addressing a press conference here, senior representatives of the Board said that the Gujarat UCC Bill, currently awaiting the governor’s assent, has raised grave constitutional, legal and democratic concerns among citizens across the country.
The Board said that the legislation, despite being labelled as a “Uniform Civil Code”, does not conform to the constitutional spirit and directly infringes upon the fundamental rights guaranteed under the Constitution, including the rights to religious freedom, equality and personal liberty.
The Board underlined that the UCC is mentioned under Article 44 in Part IV of the Constitution as a Directive Principle of State Policy, which is not directly enforceable like fundamental rights.
“This legislation cannot be described as a genuine Uniform Civil Code. The nomenclature itself is misleading and deceptive,” Board spokesperson S Q R Ilyas said, alleging that there is “opacity surrounding the consultative process undertaken by the Gujarat government”.
The AIMPLB noted that it and several religious organisations have already challenged the Uttarakhand UCC before the high court and the matter is currently sub judice.
Expressing concern over the timing of the legislation, the Board said the move appears to be politically motivated, particularly in view of upcoming elections in several states and municipal polls in Gujarat.
Ilyas said they would challenge the Bill in the Gujarat High Court.
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