| 06 June 2023
The All India Muslim Personal Law Board (AIMPLB), a prominent non-governmental organization representing the interests of Muslims in matters of personal law, has firmly expressed its opposition to the proposed Uniform Civil Code (UCC). In a letter addressed to the Law Commission of India, which is currently seeking public views on the UCC, AIMPLB emphasized that "majoritarian morality" should not infringe upon the rights of minority communities.
The letter from AIMPLB voiced concerns regarding the lack of clarity in the terms for soliciting suggestions on the UCC. It stated that such a significant issue had been presented to the public in vague terms, seemingly seeking a binary response of "yes" or "no" from the general public, akin to a referendum. AIMPLB cautioned that allowing majoritarian morality to supersede personal law, religious freedom, and minority rights in the name of a code that remains shrouded in ambiguity would be detrimental.
Maulana Fazl-ur-Rehman, the General Secretary of AIMPLB, authored the letter and suggested that an attempt was being made to create a favorable environment for the proposed legislation. Rehman asserted that the UCC would undermine religious and cultural freedom in the country. AIMPLB's letter further argued that since the Indian constitution itself is not uniform, it would not be logical to impose standardized laws on every community.
Quoting the Indian Constitution, the letter highlighted the non-uniform nature of the nation's most crucial document, which was intentionally designed to foster unity. It emphasized that different territories of the nation have been treated differently and various communities have been accorded distinct rights and accommodations.
Notably, the AIMPLB held an emergency meeting following Prime Minister Narendra Modi's strong endorsement of the UCC and his criticism of opposition parties for allegedly manipulating and misleading minority communities regarding the proposed code.
The UCC, as a concept, refers to a comprehensive set of common laws governing personal matters such as marriage, divorce, adoption, inheritance, custody, alimony, and others, applicable to all religions. Its aim is to ensure equality among all religions.
While the complete form of the UCC is still a subject of debate, its essence is mentioned in the Indian Constitution. Part IV of the Constitution addresses the Directive Principles of State Policy (DPSP), which although not enforceable by courts, play a fundamental role in governance. Article 44 specifically states that the "state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India."
The opposition to the UCC stems primarily from the argument that its implementation contradicts the constitutional freedom to practice one's chosen religion, which allows religious communities to follow their respective personal laws. Article 25 and Article 29 of the Constitution grant every religious group the right to manage its own affairs and conserve its distinct culture, respectively. Muslim organizations, including AIMPLB, fear that the UCC would strip Muslims of their common identity.
As the debate on the UCC continues, the viewpoints of various stakeholders, including AIMPLB, highlight the complexity of the issue and the need for careful consideration of the potential impact on personal freedoms, religious rights, and minority communities in India.
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