Nainital: Today, the Uttarakhand High Court issued notices to the State Government and the Union of India in response to a plea challenging the recently implemented ‘Uniform Civil Code Uttarakhand 2024’. The court has given six weeks for the respondents to provide their responses.
The division bench of the High Court, comprising Chief Justice G. Narendar and Justice Ashish Naithani, issued the notices after a Public Interest Litigation (PIL) was filed by Almasuddin Siddiqui and Ikram. The petitioners claim that the new code violates the Fundamental Rights of the Muslim community and other citizens guaranteed under Articles 14, 19, 21, and 25 of the Constitution of India, as well as the essential religious practices of the Muslim community.
HC has tagged two other petitions challenging the Uniform Civil Code (UCC) on various grounds
In addition to Siddiqui and Ikram’s plea, the court has tagged two other petitions challenging the Uniform Civil Code (UCC) on various grounds. One of these petitions was filed by Bhimtal resident and former student leader Suresh Singh Negi, who challenged several provisions of the UCC, particularly those related to live-in relationships. The other petition, filed by Aarushi Gupta, contests the provisions of the Code concerning marriage, divorce, and live-in relationships, arguing that they infringe upon citizens’ fundamental rights.
The High Court has scheduled the next hearing for this matter after six weeks
Advocate Kartikey Hari Gupta, appearing for the petitioners Almasuddin Siddiqui and Ikram, argued before the High Court that the Law prescribed in the Quran and its Verses is an essential religious practice for every Muslim to follow. He contended that the UCC 2024, which prescribes procedures for religious matters, contradicts the Verses of the Quran.
The petitioners also argued that the 2024 Code violates Article 245 of the Constitution of India because it is a State Law with extra-territorial jurisdiction. Additionally, they have challenged the mandatory registration of live-in relationships and the penal punishment provided for non-registration, arguing that this violates the Right to Privacy guaranteed under Article 21 of the Constitution of India.
The court will now await responses from the respondents
As the legal battle over the Uniform Civil Code continues, the Uttarakhand High Court’s decision to issue notices to the State Government and the Union of India signifies a crucial step in addressing the concerns raised by the petitioners and other affected parties. The court will now await responses from the respondents before proceeding further with the case.
The Uttarakhand Government rolled out the Uniform Civil Code on January 27, almost a year after the Uttarakhand Assembly passed the Uttarakhand Uniform Civil Code (UCC) Bill, 2024. This makes Uttarakhand the first state in the country to implement UCC.
