India: 'It will hurt...' Muslim law board writes to Law Commission opposing Uniform Civil Code

The All India Muslim Personal Law Board (AIMPLB), a non-governmental organisation that represents the interests of Muslims in matters of personal law, remains steadfast in its opposition to the proposed Uniform Civil Code (UCC).

Writing to the Law Commission of India, which is currently seeking views from the public on UCC, AIMPLB said “majoritarian morality” must not infringe upon the rights of minority communities.

"The terms for the suggestions to be invited are missing. It appears that such a large issue has been floated in the public domain to seek a referendum as to whether the reaction of the general public also reaches the Commission in either equally vague terms or in a 'yes' or 'no'," read the letter.

“Majoritarian morality must not supersede personal law, religious freedom and minority rights in the name of a code which remains an enigma."

AIMPLB General Secretary Maulana Fazl-ur-Rehman wrote the letter and said an attempt was being made to create a favourable environment for the proposed legislation.

''UCC will hurt religious and cultural freedom in the country,'' said Rehman.

WATCH |Uniform Civil Code: Indian PM pitches for UCC, slams opposition’s vote-bank politics

The letter also argued that since the Indian constitution itself was not uniform, it did not make sense to have standardised laws for every community.

“The most crucial document of our nation, the Constitution of India, is itself not uniform in nature, prudently and with the intention to keep the country united. Different treatment, accommodation, adjustment is the nature of our Constitution," it said.

"Different territories of the nation have been given different treatments. Different communities have been made entitled to different rights. Different religions have been given different accommodations."

Notably, the AIMPLB held an emergency meeting on the issue immediately after Prime Minister Narendra Modi, in one of his most vocal pitches, batted for UCC and called out opposition parties for manipulating and misleading the minority communities against it.

What is the UCC?

UCC is a comprehensive set of common laws for all religions governing personal matters like marriage, divorce, adoption, inheritance, custody, alimony and others. It aims at ensuring equality among all religions.

Although the complete form of UCC is under debate, a fair idea finds a mention in the Indian Constitution. Part IV of the Constitution deals with the Directive Principles of State Policy (DPSP) which is not justiciablebefore the courts of the country but plays a 'fundamental' role in the governance. Article 44 mentions the "state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India".

Why the opposition?

One of the main arguments that makes the implementation of UCC contentious is that it contradicts the constitutional freedom to practice the religion of choice which allows religious communities to follow their respective personal laws.

Article 25 and Article 29 of the Constitution allow every religious group the right to manage its own affairs and the right to conserve its distinct culture, respectively. Muslim organisations, including AIMPLB, fear that once UCC is implemented, the common identity of Muslims will be snatched away.

(With inputs from agencies)

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