UCC against religious freedom, will oppose legally: Jamiat Ulema-e-Hind

New Delhi: Prominent Muslim organisation Jamiat Ulema-e-Hind on Monday claimed that the Uniform Civil Code is against the religious freedom guaranteed under the Constitution but said it will not take to the streets to protest against it and instead would oppose it by taking all possible steps within the ambit of law.

The statement by the Muslim organisation comes days after the Law Commission initiated a fresh consultation process on the Uniform Civil Code (UCC) by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

In a statement, the Jamiat Ulema-e-Hind said it opposes the UCC as it is “totally against the religious freedom and fundamental rights guaranteed to the citizens in Articles 25 and 26 of the Constitution.”

“Our Constitution is a secular Constitution, in which every citizen has been given full religious freedom, and every person has been also given the right to choose the religion of his choice, because there is no official religion for the Indian state, and it gives complete freedom to all its citizens,” the Jamiat said.

A resolution opposing the UCC was also passed by the executive committee of the Jamiat (Arshad Madani faction) at its executive meeting Sunday.

The demand for a UCC is nothing but a deliberate attempt to curtail the religious freedom of citizens, the Jamiat alleged.

Hence, Jamiat has been opposing this effort from day one as it feels that the demand for a UCC is part of an attempt to destroy the religious freedom of the citizens and the original spirit of the Constitution, the statement said.

The UCC is against the fundamental rights given in the Constitution, it is unacceptable to Muslims, and detrimental to the unity and integrity of the country.

While expressing his views on the resolution passed, Jamiat president Maulana Arshad Madani said this matter pertains not only to Muslims but to all Indians.

Jamiat Ulema-e-Hind cannot compromise on religious affairs and worship in any way, he said.

“We will not protest on the streets but will take all possible steps within the ambit of law (to oppose the UCC),” he said.

In a pluralistic society like India, where followers of different religions have been living in peace and unity following the teachings of their respective religions for centuries, the idea of imposing a UCC is not only surprising but it also seems that Article 44 of the Constitution is being used keeping a particular sect in mind to mislead the majority, the Jamiat said.

“It is being said that this is written in the Constitution, although the second sarsanghchalak (chief) of the RSS Guru Golwalkar, himself said that ‘Uniform Civil Code is unnatural to India and against its diversity’. Moreover, while the UCC has been mentioned in the directive principles, the fundamental rights of citizens have been guaranteed in the Constitution,” it said.

The Jamiat alleged that the basic rights of the citizens are often being violated and there is no protest about it.

History says that for centuries, people in this country have been following their own religious principles. The religious beliefs and customs of the people have been different, but there has never been any conflict or tension between them, it said.

Jamiat considers religious freedom as being the spirit of the Constitution, whereas Article 44 is an optional matter under Directive Principles of State Policy, the statement said.

Liquor ban in the country also comes under the Directive Principles, it said citing an example

Neither Parliament nor the Supreme Court has the authority to change the basic provisions listed under Chapter 3 of the Constitution, the Jamiat argued.

In fact, people of a certain mindset are trying to mislead the majority by saying that UCC is part of the Constitution, the Jamiat said.

The minorities, tribes and some other communities of the country have been given freedom under the religious and social law because the identity of different religious communities and groups are associated with their religious and social rituals and customs, and this is also the basis of unity, integrity and unity of the country, the Muslim body asserted.

For centuries, people of different religious groups and communities have been living according to their own personal laws, and in view of this, the Constitution has given citizens religious freedom, it said.