New Delhi: The All India Muslim Personal Law Board (AIMPLB) has filed a petition in Uttarakhand High Court against the Uniform Civil Code (UCC) that came into effect in the Himalayan state from January 27.
The matter will be heard on April 1, informed AIMPLB spokesperson SQR Ilyas.
According to the petition, the UCC violates various Articles of the Constitution and goes against Muslim personal law, which is protected under Shariat Application Act of 1937 and the Constitution.
Ilyas said the petition involved 10 Uttarakhand residents, who are all affected parties, including a few associated with the AIMPLB.
The petitioners on behalf of the Board are — Razia Baig, Abdul Basit (both state conveners of various committees), Khursheed Ahmed, Taufeeq Alam, Mohammad Tahir, Noor Karam Khan, Abdul Rauf, Yaqoob Siddiqui, Latafat Hussain and Akhtar Hussain.
“The petition challenges the entire Code on various grounds, including violation of Fundamental Rights and other rights of individuals and denominations in view of the fact that both the Constitution as well as the Shariat Application Act, 1937 protect personal law/Islamic Law to be followed by Muslims,” Ilyas elaborated.
The legal challenge, authored by Advocate Nabeela Jameel and senior Advocate MR Shamshad, disputes the UCC on grounds of violating fundamental rights.
Uttarakhand is the first state to enact the UCC, which aims for uniform personal laws across religious and social divides in India. It excludes Scheduled Tribes and certain protected communities.
Shamshad, who is also an executive member of the Board, appeared for the petitioners.
Counsels for the Centre and state government, who were present in court, were granted them liberty to file counter affidavits. The court said this petition will be heard along with others filed earlier on the same matter.
