Uttarakhand HC seeks Centre, state's response to pleas against UCC
What's the story
The Uttarakhand High Court has issued notices to Central and State governments on petitions challenging the Uniform Civil Code (UCC) introduced in Uttarakhand.
The court has given six weeks to the respondents to file their replies.
The UCC, which was introduced on January 27, 2025, makes Uttarakhand the first Indian state to implement such a code.
Legal challenge
Petitioners argue UCC violates fundamental rights
The case is being heard by a division bench of Chief Justice G Narendar and Justice Ashish Naithani.
The petitions were filed by Dehradun's Almasuddin Siddiqui and Haridwar's Ikram. They contend that the UCC violates fundamental rights under Articles 14, 19, 21, and 25 of the Constitution.
The petitioners argue that the UCC contradicts essential religious practices of Muslims as prescribed in the Quran.
Religious conflict
UCC's procedures contradict Quranic teachings: Petitioners
Advocate Kartikey Hari Gupta, appearing for the petitioners, said that "following the verses of the Quran is a mandatory practice for a Muslim" and that the UCC's procedures for religious matters contradict these teachings.
He emphasized particular issues like the Iddat period for divorced Muslim women being ignored by the UCC.
The petitioners also contend that the UCC violates Article 245 of the Constitution due to its extra-territorial jurisdiction.
Privacy concerns
Mandatory registration of live-in relationships challenged
They have challenged provisions mandating registration of live-in relationships, arguing that these violate privacy rights under Article 21.
Another plea by Advocate Aarushi Gupta challenges multiple sections of the UCC related to marriage registration and live-in relationships.
The petitioners argue that these provisions lead to "arbitrary and artificial discrimination" among citizens by excluding Scheduled Tribes.
The court has listed further hearings after six weeks after receiving responses from both governments.