Pleas Challenging Uttarakhand's Uniform Civil Code: High Court Issues Notices To State Govt, UOI

High court's division bench comprising Chief Justice G. Narendar and Justice Ashish Naithani has sought responses from the respondents in 6 weeks.

The notices were issued in the PIL plea filed by Almasuddin Siddiqui and Ikram, challenging the Code. They claimed it violates the Fundamental Rights of the Muslim community and other citizens guaranteed under Articles 14, 19, 21, and 25 of the Constitution of India and the essential religious practices of the Muslim community.

The division bench has tagged two other petitions filed challenging the UCC on several different grounds with this petition and has posted the matter for a hearing after 6 weeks.

While Bhimtal resident and former student leader Suresh Singh Negi's PIL challenges several provisions of the Uniform Civil Code (UCC), particularly those related to live-in relationships, another PIL plea by Aarushi Gupta contests the provisions of the Code concerning marriage, divorce, and live-in relationships, arguing that they infringe upon citizens' fundamental rights.

More details of the PIL plea here : Lawyer Challenges Uttarakhand Civil Code In High Court; Says Provisions Are Discriminatory Towards Muslim, LGBTQ Communities

Notably, on January 27, the Uttarakhand Government rolled out the Uniform Civil Code, almost a year after the Uttarakhand Assembly passed the Uttarakhand Uniform Civil Code (UCC) Bill, 2024. It has become the first state in the country to implement UCC.

Appearing for the petitioners (Almasuddin Siddiqui and Ikram), Advocate Kartikey Hari Gupta pleaded before the HC that the Law prescribed in the Quran and its Verses is an essential religious practice for every Muslim to follow and the UCC 2024, which prescribes the procedure for above said religious matters, is contrary to the Verses of Quran.

The petitioners have also argued that the 2024 Code violates Article 245 of the Constitution of India because it is a State Law having extra-territorial jurisdiction.

Furthermore, they have also challenged the mandatory registration of Live-in relationships and the penal punishment provided in the absence of the same. This, they argue, is in violation of the Right to Privacy guaranteed under Article 21 of the Constitution of India.