All India Muslim Personal Law Board, in its executive committee meeting on Tuesday to finalise its position on the Uniform Civil Code, passed the resolution that the universalisation of the personal laws is against the basic structure of the Constitution and is against the diversity of the country.
“The All India Muslim Personal Law Board Considers Uniform Civil Code as unnecessary, impractical and extremely harmful for our plural country and demands that the government must not waste the country's resources in this unnecessary work and cause chaos in the society,” the Board said in a statement.
The Board also said that as per Articles 371(A) and 371(G) of the Constitution, tribes from the Northeast states are guaranteed special provisions that restrict the parliament from enacting any law which supersedes their family laws.
Dr SQR Ilyas, spokesperson of the Board, said that the multi-religious, multi-cultural and multi-linguistic ethic of the country and its diversity is what India is known for. “The framers of the Constitution have envisaged protection of religious and cultural freedom as fundamental rights keeping in mind its uniqueness and delicate nature,” Ilyas said.
Muslim Personal Law is derived from Qur'an and Sunnah, the Board said, and so, even Muslims are not authorised to make any changes. “The government or any other external source trying to bring any change in these laws, will only lead to chaos and disorder in the society, which cannot be executed by any sensible government,” the Board said.
The Board also said that, in reply to the argument that UCC is a Constitutional requirement, it pointed out that Article 44 is mentioned in Chapter IV of the Constitution (Directive Principles) which is not mandatory.
“While there are many guidelines listed under this chapter, which are in the interest of the people, the government is not inclined to implement them. However religious and cultural freedom is a fundamental and mandatory right (Article 25 and 26),” the statement said.