Uttarakhand UCC: If tribals can be exempted why not Muslims, asks Jamiat

PTI, Feb 7, 2024, 7:59 AM IST

Jamiat chief Maulana Arshad Madani (Credit: PTI Photo)

New Delhi: With the Uttarakhand government tabling the Uniform Civil Code Bill in the assembly, Jamiat Ulema-e-Hind on Tuesday said Muslims cannot accept any law that is against the Shariah and asked if tribals can be exempted from it then why not the minority community under religious freedom provisions of the Constitution.

In a statement, Jamiat chief Maulana Arshad Madani said, “We cannot accept any law that is against Shariah because a Muslim can compromise on everything, but he or she can never compromise on Shariah and religion.”

He said that the Uniform Civil Code Bill has been tabled in Uttarakhand and the Scheduled Tribes have been exempted from the proposed law.

Madani questioned that if Scheduled Tribes can be kept outside the purview of this law under one section of the Constitution, then why religious freedom cannot be given to Muslims under sections 25 and 26 of the Constitution, recognising the fundamental rights of citizens.

“Religious freedom is guaranteed; thus, the Uniform Civil Code negates fundamental rights,” he claimed.

“If it is uniform civil code then why this distinction between citizens,” he asked.

Madani also said that our legal team will review the legal aspects of the Bill after which a decision will be taken on legal action going forward.

The Uttarakhand government on Tuesday tabled in the assembly the Uniform Civil Code Bill, the first such move in any state after Independence that could be followed by similar legislation in other BJP-run states.

The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships.

Children born of live-in relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.

Coming just ahead of the Lok Sabha elections, the 192-page Uniform Civil Code, Uttarakhand, 2024 bill ticks off an important item on the BJP’s ideological agenda a common law on marriage, divorce, land, property and inheritance for all citizens, irrespective of their religion.

“The question is not about the personal law of Muslims, but about keeping the country’s secular Constitution intact,” Madani said.

He questioned that when the civil law is not the same in the whole country, then why do they insist on applying a family law throughout the country.