Why Tribals Should Be Kept Out Of Purview Of Uniform Civil Code (UCC)

The Union Government, which is pushing for adoption of a Uniform Civil Code (UCC), would do well to keep all tribals out of its purview. 

Prime Minister Narendra Modi and Union Home Minister Amit Shah have spoken out in favour of the UCC over the past one week. 

The issue of the UCC was re-ignited after 22nd Law Commission of India invited individuals, public and religious organisations to submit their views on the UCC in the middle of last month. 

Since then, apart from various Muslim bodies, tribals groups and the governments of some northeastern states have objected to the adoption of the UCC. 

BJP Rajya Sabha MP Sushil Modi, who heads the parliamentary panel on personnel, public grievances, law and justice said at a meeting of the panel Monday (3 July) that “tribals belonging to indigenous communities of India” should be kept out of the ambit of the UCC. 

The state governments of Sikkim, Meghalaya, Mizoram and Nagaland have also opposed the UCC, as have many tribal bodies of these states that have even threatened agitation. 

The Union Government would do well to heed the opinion of Sushil Modi and reassure the tribals of the country in the Northeast, Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra, Bihar and other states that they would be kept out of the purview of the UCC. 

Failure to do so at an early stage will lead to trouble, especially in the Northeast where the situation has turned volatile after violence broke out in Manipur on 3 May. 

A number of tribal bodies in the Northeast have warned that if the Union Government goes ahead with the UCC, they will launch an agitation similar to the one against the Citizenship Amendment Act (CAA) that singed the region in December 2019. 

The tribals fear that the UCC will violate their customary laws that have been guaranteed to them by the Constitution. 

“The UCC will encroach on our customary laws and practices,” said Meghalaya Chief Minister Conrad Sangma. 

Sangma said that tribals of Meghalaya follow a matrilineal system. “We are a matrilineal society and that is our culture. That cannot be changed by any code imposed on us,” he told Swarajya. 

The youngest daughter of Khasi, Jaintia and Garo families are the custodians of all properties and males are not entitled to inherit any immovable assets like land and properties.  

Also, menfolk of these tribes go to their in-laws' place to stay after marriage. 

The powerful Khasi Students’ Union (KSU) has opposed the UCC. KSU general secretary Donald Thabah said: “The tribals in Meghalaya have their own customary practices on inheritance, maintenance, divorce, social norms, and marriage. The majority of the tribal population in the state follows the Christian faith and the Christian Marriage Act. It will definitely affect our customary practices which are very unique”. 

The Khasi Hills Autonomous District Council (a semi-autonomous body of tribals under the sixth Schedule of the Constitution) has passed resolutions against the UCC. 

Council chief P N Syiem said: “We are unique as we have a rich cultural tradition and practices in terms of land ownership. We follow a matrilineal system and also need to protect our language”. 

The Mizoram Assembly adopted a resolution unanimously on 23 February this year against implementing the UCC in the state. 

Thangmawai, a legislator belonging to the ruling Mizo National Front (MNF), said: “In Mizoram, implementing a uniform civil code will be difficult and could potentially lead to instability”.

Even different sub-tribes are governed by their unique customary laws. For instance, the elder son inherits his parents’ property in the Paitei sub-tribe while it is the youngest son who does so amongst the Lushai sub-tribe. 

“No tribe or subtribe would like to abandon its customary laws and practices and adopt the UCC. And anyway, Mizoram is protected under Article 371G of the Constitution which says that no act of Parliament that affects the social or religious practices, Mizo customs and procedures, and ownership and transfer of land of the Mizo ethnic groups, may be applicable to Mizoram unless approved by the state Assembly".

Similarly, Nagaland also enjoys such a Constitutional protection. Special provisions of the Constitution accord protection to social and religious practices, customary laws and ownership of land and resources to Nagas. 

“The rights and interests of the Naga people regarding their land, resources, social customs, religious practices, and customary laws are protected by the special provisions of the Constitution. No parliamentary legislation concerning these matters can be applied to Nagaland without the approval of the Legislative Assembly through a resolution,” said Nagaland Chief Minister Neiphiu Rio.

Naga groups have threatened to launch an agitation if UCC is enforced in the state.

An influential Naga organisation — Nagaland Transparency, Public Rights Advocacy & Direct-Action Organisation (NTPRADAO) — has warned that its members will storm the residences of all 60 MLAs of the state and set them (the houses) on fire if they (the legislators) “succumb to external pressure” and agree to adopt the UCC. 

In Sikkim, an influential civil society organisation called the Joint Action Council (JAC) has said that implementation of the UCC in Sikkim is “not necessary, nor desirable”. 

Article 371F of the Constitution safeguards all laws that were in existence in Sikkim before its merger with India in 1975. These include civil, criminal and customary laws that governed the people of the state till 1975. 

The tribals of Assam — Bodos, Rabhas, Misings, Karbis, Dimasas, Sonowals, Deoris and others — have also opposed the UCC and said that their customary practices and traditions cannot be abandoned. 

Tribal bodies in the rest of the country have also spoken out against the UCC and said that any move to interfere with their customary practices relating to marriage, inheritance, properties, ownership of land etc will be resisted.

Given the Constitutional safeguards as well as the sentiments of the tribals of the Northeast and the rest of the county, the Union Government would be well-advised to tread with caution and take immediate steps to allay apprehensions amongst tribals over the UCC.

A blanket assurance by the Union Government that indigenous tribals of the country and tribal areas would be kept out of the ambit of the UCC would be in order right away.

The tribals need to be told that the Constitutional safeguards to their customary laws and practices are sacrosanct and will not be disturbed.