AIMPLB Challenges Uttarakhand's Uniform Civil Code in High Court

New Delhi: 21 February 2025 (Press Release) Dr. SQR Ilyas, Spokesperson of AIMPLB, stated that the Board has filed a petition arguing that the UCC law violates various articles of the Constitution and goes against Muslim personal law, which is protected under the Shariat Application Act of 1937 and the Indian Constitution. The High Court of Uttarakhand accepted the petition, and the next hearing is scheduled for April 1, 2025.

Following the notification of the Uniform Civil Code, Uttarakhand (hereinafter referred to as "the Code") on January 27, 2025, the All India Muslim Personal Law Board, through ten different individuals, filed a petition in the High Court of Uttarakhand challenging the Code. These individuals are affected parties, and some are also associated with the Muslim Personal Law Board.

The petitioners are Ms. Razia Baig, Mr. Abdul Basit (both state conveners of various committees), Mr. Khursheed Ahmed, Mr. Taufeeq Alam, Mr. Mohammad Tahir, Mr. Noor Karam Khan, Mr. Abdul Rauf, Mr. Yaqoob Siddiqui, Mr. Latafat Hussain, and Mr. Akhtar Hussain, all of whom are residents of Uttarakhand.

The petition was drafted by Ms. Nabeela Jameel, Advocate, and settled by Mr. M.R. Shamshad, Senior Advocate. It challenges the entire Code on various grounds, including the violation of fundamental rights and other individual and denominational rights, given that the Constitution of India, as well as the Shariat Application Act of 1937, protects personal law/Islamic law for Muslims.

Mr. M.R. Shamshad, Senior Advocate and Executive Member of the Board, appeared for the petitioners, duly assisted by Mr. Imran Ali and Mr. Mohammad Yusuf, Advocates. The Learned Solicitor General appeared for the State and the Central Government. After the Court issued notice on the petition, liberty was granted to the State to file a counter affidavit. The case is now scheduled to be listed on April 1, 2025, and will be heard along with other petitions that were filed earlier, challenging different provisions of the Code.