'Those Affected May Approach Us In Case Of Any Action By Authorities': Uttarakhand HC On Pleas Against UCC

In a temporary relief for individuals affecetd by the implementation of the Uniform Civil Code in the state of Uttarakhand, the Uttarakhand High Court bench, led by Chief Justice G. Narendar, today asked those affected by the UCC, to approach the court if they face any action by the authorities under the Code.

"If any individual is affected, they may approach this bench...If any action, please come (to us)..." remarked the High Court Division bench, also comprising Justice Alok Mahra, while hearing three other petitions challenging the Uttarakhand Uniform Civil Code.

Appearing for one of the petitioners (Muammed Muqeem), Senior Advocate Kapil Sibal urged the HC to give him a date to argue for a stay on the law. He argued that the law infringes upon the fundamental rights guaranteed under Articles 21 and 25 of the Constitution of India.

Additionally, Sibal questioned the competence of the State Government to enact the UCC as he referred to Entry 5 of the Concurrent List of the Constitution of India [Marriage and divorce...].

"The Live-In relationship is being enacted in the UCC by the state government without power. They have no competence because Entry 5 only allows them to pass legislation in respect of marriage and divorce. A Live-In relationship doesn't come within the ambit...This is exclusively in the domain of the Parliament under Entry 97 (of the List 1)...The state government lacks complete competence to enact that (UCC) law," Senior Advocate Sibal argued.

Informing Senior Advocate Sibal that the Court has already issued notices to the State Government on two other pleas filed challenging the UCC, the bench subsequently scheduled the matter for April 1 to hear arguments on the stay of the law.

Senior Advocate Sibal then expressed concern that, in the meantime, the affected individuals, including the petitioner, might face penal consequences. In response, the bench, led by Chief Justice Narendar, said that any individuals affected by the law could approach the court, and they would be given a hearing.

Senior Advocate Sanjay R. Hegde also appeared before the High Court for one of the petitioners (Naeem Ahmed Qureshi)challenging various sections of the Code as being ultra vires the fundamental rights guaranteed under Articles 14, 19, 21, 25, 26, and 29 of the Constitution of India and being repugnant to special enactment of Muslim Personal Law (Shariat) Application Act, 1937.

Two other petitions are pending before the Uttarakhand HC, challenging the UCC. 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.

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.

Some key aspects of the UCC are mandatory registration of live-in relations, conditions for a contract marriage, a ban on halal, iddat and polygamy, and similar inheritance rights for men and women.