Socio-religious organization Jamiat Ulama-i-Hind has voiced its concerns over the ongoing discussions on the Uniform Civil Code (UCC) in response to a notice from the 22nd Law Commission. The Law Commission had invited public and religious organizations to share their views and suggestions on the UCC within a 30-day period.
Jamiat Ulama-i-Hind, in its representation, expressed objection to the manner in which the exercise is being conducted, highlighting the lack of clear terms of reference, a blueprint, and a rushed approach. They emphasized the need for consensus and urged the Commission to refrain from proceeding with the promulgation of the UCC without obtaining agreement from the respective communities, religious groups, and organizations involved.
The organization's strong stance underscores the importance of inclusive decision-making and addressing the concerns of all stakeholders. They raised doubts about the rushed implementation of the UCC and its potential repercussions on individual and religious rights, the country's social fabric, and the legislative powers of different governing bodies.
Jamiat Ulama-i-Hind also argued that a mandatory uniform code on family-matrimonial laws would contradict the principles of secularism enshrined in the Indian Constitution. They expressed concerns about potential infringements on cultural rights and the diverse nature of India's legal system, which already accounts for inclusivity and secular principles.
Jamiat Ulama-i-Hind raises concerns on Uniform Civil Code: 10 points:
Socio-religious organization Jamiat Ulama-i-Hind has expressed its concerns regarding the ongoing discussion on the Uniform Civil Code (UCC) in India.
The 22nd Law Commission had invited public and religious organizations, including Jamiat Ulama-i-Hind, to share their views and ideas on the UCC within a 30-day period.
In their response, Jamiat Ulama-i-Hind criticized the lack of clear terms of reference, a blueprint, and a rushed approach in conducting the exercise.
The organization urged the Commission to seek consensus from respective communities, religious groups, and organizations before proceeding with the promulgation of the UCC.
They highlighted potential repercussions if the UCC is implemented without obtaining consensus:
The rights of individuals and religious denominations under Articles 25 and 26 of the Indian Constitution would be affected.
The diversity of the country, a fundamental aspect of its social structure, would be undermined, posing a threat to national integrity.
The federal structure and legislative powers of different legislatures in India would be significantly impacted.
Jamiat Ulama-i-Hind argued that a mandatory uniform code on family-matrimonial laws would contradict the principles of secularism enshrined in the Indian Constitution.
They emphasized that India's existing criminal and civil laws are not uniform and are designed to accommodate the diverse and inclusive principles of the nation.
The organization stated that implementing a uniform code would impose a single identity on a country with a rich tapestry of diverse identities.
They contended that a uniform code on family laws would infringe upon cultural rights protected under fundamental rights.
Jamiat Ulama-i-Hind raised specific concerns related to the Muslim Personal Law (Shariat), highlighting potential implications on issues such as maintenance, property ownership, inheritance, and dower.
In summary, Jamiat Ulama-i-Hind has expressed reservations regarding the implementation of a Uniform Civil Code in India, citing concerns related to religious rights, diversity, federalism, cultural rights, and specific provisions within the Muslim Personal Law.
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