Plea Filed Against State's UCC in HC

Our main argument against the UCC is that it encroaches on our personal laws NAEEM QURESHI, President of Muslim outfit Muslim Sewa Sangathan

- Amit Bathla [e-mail]

DEHRADUN: A lawyer on Tuesday challenged before the Uttarakhand high court the validity of certain provisions of the Uniform Civil Code (UCC) recently implemented by the BJP-led government in the Himalayan state. The public interest litigation (PIL) is yet to be listed by the high court.

On January 27, Uttarakhand became the first state in independent India to implement the UCC law that gives priority to protection of personal rights and regulates the laws on marriage, divorce, inheritance, and live-in relationships, among others in the state. The UCC Act, 2024, which also bans polygamy and child marriage, applies to all residents of Uttarakhand irrespective of their religion, but keeps the tribal communities out of its ambit.

In her petition, Aarushi Gupta, a practising lawyer of the Supreme Court, has called into question the validity of different sections provided under Part-1 of the UCC law pertaining to marriage and divorce and Part-3 of the Code about live-in relationships, along with corresponding rules, urging the high court to declare them "unconstitutional".

The petition, filed through advocate Ayush Negi, said that certain provisions of the UCC encroach upon the fundamental rights of the residents of the state, violating their right to privacy and right to life.