AIMPLB moves HC against Uniform Civil Code plea

New Delhi : The All India Muslim Personal Law Board (AIMPLB) has moved the Delhi High Court opposing a Public interest litigation (PIL) seeking framing of a Uniform Civil Code (UCC) to promote unity, fraternity and national integration.

Seeking to be impleaded in the matter, the board has contended in its application that the PIL was not maintainable in law and ought not to be entertained. It has claimed that the petitioner, Bharatiya Janata Party leader and lawyer Ashwini Kumar Upadhyay, was in the habit of filing frivolous pleas.

"It is submitted that the present petition is frivolous in nature and concerns an issue that is no longer res integra (untouched legal issue). The present issue was dealt with by the Supreme Court of India as far back as in the year 2003," the AIMPLB's application said. It has also sought imposing exemplary costs on Upadhyay.

The application further states that the board was concerned with the impact that a UCC may have on the practical aspects of the personal laws of Indian Muslims. "As such, the applicant is apprehensive that the present status quo (wherein Islamic Religious Law governs the personal matters of the Indian Muslim) is sought to be attacked under the garb of the present mischievous petition," it said.

In his plea, Upadhyay has contended that the Centre has "failed" to put in place a UCC as provided under Article 44 of the Constitution. A UCC would replace the personal laws, based on the scriptures and customs of various religious communities, with a common set of rules governing every citizen of the country. The high court had on May 31 issued notice to the Centre seeking its response to the PIL before the next date of hearing on August 27.