Opposition to the Uniform Civil Code (UCC) in Gujarat is gaining momentum. Mujahid Nafis, Convenor of the Minority Coordination Committee (MCC), has described the UCC as unconstitutional and announced that the organisation will challenge it “from the streets to the courts.” Nafis stated that, as an Indian citizen, he believes in the fundamental rights guaranteed by the Constitution. According to him, the Constitution provides people belonging to different religions the freedom to practice their respective faiths and also protects rights relating to personal and family laws.
Nafis referred to Articles 25, 26, 28 and 29 of the Constitution and said that, in view of the religious and cultural freedoms guaranteed under these provisions, the implementation of the UCC raises constitutional questions. He alleged that the UCC could potentially affect these constitutional rights. Referring to Article 44 of the Constitution, Nafis also questioned how a law can be described as a “Uniform Civil Code” if different states adopt different forms of civil codes. He asked whether separate state-level civil codes are consistent with the concept of a common civil code for the entire country.
The Uttarakhand UCC model was also criticised. Nafis alleged that the law implemented in Uttarakhand contains several shortcomings and expressed the view that it places one religious legal framework above other family-law systems. These statements are presented as the allegations and views of the MCC and Mujahid Nafis.
On property rights, Nafis stated that women have historically been granted rights in property under Islamic law and argued that there are comparatively fewer disputes on this issue. He also referred to the development of women’s property rights under Hindu law and expressed concern that the UCC could lead to new legal disputes in this area. he press note further claims that “the UCC will not reduce legal disputes, but may make legal procedures longer and more complicated.”
Nafis said that the Minority Coordination Committee, Gujarat, would reach people across the state, including those in remote areas, to create awareness about what it describes as the potential adverse consequences of the UCC. He reiterated that the organisation would challenge the law “from the streets to the courts.”
It is noteworthy that the Gujarat UCC Bill has received the assent of President Droupadi Murmu, making Gujarat the second state after Uttarakhand to give the UCC a statutory framework. The date from which the law will come into force will depend on the implementation process and notification by the state government. Article 44 of the Constitution of India provides that the State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.
