Opposed to UCC as it's against religious freedom: Jamiat to Law Commission

Prominent Muslim body Jamiat Ulema-e-Hind has conveyed to the Law Commission that it is opposed to a uniform civil code as it is "against the religious freedom" guaranteed under the Constitution, and said the government should take leaders of all religions and tribal groups into confidence on the matter.

In a statement on Thursday, the Jamiat shared a summary of the objections that were sent by it to the 22nd Law Commission on Wednesday in which the Muslim organisation said that it considers starting of the debate on UCC a part of a "political conspiracy".

In a letter to the Law Commission, Jamiat president Maulana Arshad Madani said that this issue is not just related to Muslims but to all Indians.

 

"It has been our position since the beginning that we have been practising our religion freely in this country...we will not compromise on our religious affairs and method of worship in any way, and we will take all possible measures to protect our religious rights within the scope of the law," the Jamiat chief of the Arshad Madani faction said.

Madani said that the Jamiat only wants to say to the rulers that no decision should be imposed on citizens and before taking any decision, an effort should be made to create a consensus, so that it is acceptable to all.

"In the context of the uniform civil code, we also say that before taking any decision on it, the government should consult with the leaders of all religions and representatives of social and tribal groups in the country, and they should be taken into confidence. This is the demand of democracy," Madani said in his letter, according to the summary shared by the Jamiat.

UCC refers to a common set of laws that are applicable to all citizens of India that is not based on religion and dealing with marriage, divorce, inheritance and adoption among other matters.

The 22nd Law Commission had on June 14 initiated a fresh consultation process on UCC by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

Addressing a gathering of party workers in Bhopal last week, Prime Minister Narendra Modi had made a strong pitch for UCC, saying that the Constitution calls for equal rights for all citizens.

Modi had also said the opposition is using the issue of UCC to mislead and provoke the Muslim community.

In its letter to the Law Commission, the Jamiat claimed that insisting on a UCC is in conflict with the basic rights given in the Constitution and the question is not about the personal law of Muslims, but about keeping the country's secular Constitution intact.

"Our Personal Law is based on Quran and Sunnah which cannot be amended until the day of resurrection, by saying this we are not talking about anything unconstitutional, but Article 25 of the secular Constitution has given us this freedom. Uniform civil code is unacceptable to Muslims, and it is harmful for the unity and integrity of the country," the Jamiat said.

It contended that UCC has been a controversial issue since the beginning.

"Our country has been a manifestation of unity in diversity for centuries, in which people of different religious and social classes and tribes have been living in peace and unity by following the teachings of their respective religions," the Muslim body conveyed to the Law Commission.

"All of them have not only enjoyed religious freedom, but despite the non-uniformity in many things, no differences ever occurred between them, nor did any of them ever object to the religious beliefs and customs of others. This characteristic of Indian society makes it different from all the countries of the world," it said.

This non-uniformity did not arise a hundred or two hundred years ago or after independence, but it has existed in India for centuries, the Jamiat argued.

"In such a case, what is the justification for the implementation of a uniform civil code? When the civil law is not the same throughout the country, why insist on applying one family law throughout the country?" the Muslim body said.

The Jamiat asserted that it opposes UCC as it is "totally against the religious freedom and fundamental rights" given to the citizens in Articles 25 and 26 of the Constitution.

In a pluralistic society such as India, where followers of different religions have been living in peace following the teachings of their respective religions for centuries, the idea of imposing UCC is surprising, the Jamiat said.

It seems that Article 44 of the Constitution is used under the guise of keeping a particular sect in mind to mislead the majority, and it is being said that this is written in the Constitution, although the "second sarsanghchalak (chief) of the RSS Guru Golwalkar, himself said that a 'uniform civil code is unnatural to India and against its diversity'", the Jamiat claimed.

The Jamiat's statement comes a day after the All India Muslim Personal Law Board said it has sent its objections on UCC to the Law Commission and demanded that tribals and religious minorities be kept out of the purview of such a statute.