The Article 44 of Indian Constitution states that “the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. There have been several repeated demands for a Uniform Civil Code over the years, from various political parties inside and outside Parliament. The Supreme Court of India had also reminded the Central Government on the need of this Act. Article 13 of Indian Constitution recognises Customary laws and usage in the territory along with various other Civil Laws.
After 72 years, finally the Modi government is taking the initiative to bring a Uniform Civil Code, but naturally, not without creating qualms and perplexity among various communities. With the enactment of UCC all the personal laws will be repealed and made null and void. It assures one single law to all the citizens of India, irrespective of their religion. It abolishes various succession and property related laws, marriage and divorce laws governed by various personal laws such as Hindu Succession Act, Hindu Marriage Act, Muslim Personal Laws, etc. Presently, succession deals with multiple laws such as Indian Succession Act 1925 which is applicable to all Indians other than Muslims. However, certain provisions of the act are not applicable to Hindus and are only applicable to Christians, Parsis and Jews residing in India. Muslims are governed by Muslim law. According to Central government, there are over a thousand personal laws prevailing in India.
It is to be noted that marriage rituals and traditional practices are not the part of the UCC. But registration, succession and divorce come under one law throughout the territory of India until and unless any exceptions are provided in the code.
The main indictment about the UCC is that apparently, it is against the diversity of India. But being a secular state, India could not treat its citizens differently according to their religion. However, this indictment can be addressed in the case of the cultural diversity and customary practices of ethnic tribes in India. Tribal communities are mostly using their own customs, traditions and rituals. The customary laws of tribes are general to a community but they are also localised to specific tribes. Tribe rights are treated as community rights.
The 11-crore tribal population in the country is also concerned that protection of their traditional customs may be at stake on implementation of UCC. Article 29 of the Constitution states “protection of interests of minorities – any section of the citizens residing in the territory of India or any part thereof having a district language, script or culture of its own shall have the right to conserve the same”. Tribes are maintaining their own unique rich cultures and practices by following their traditions. These indigenous cultural minorities follow their own customary laws and protecting the interests of those minorities is the obligation of the Constitution. Article 371A provides constitutional protection for the customary laws of Naga Tribes of Nagaland. UCC for tribal communities, especially for those in the North-East, is a complex matter. The socio-cultural contexts of tribes in the northeast are very unique and peculiar to each tribe. As part of accepting the diversity there should be a provision to protect their ethnicity in the code.
Apart from succession and property rights it also refers to the existing polygamous and polyandrous practices prevalent among several tribal communities. But most of the tribal community’s decision making, dispute resolution is done with their own customary laws at a more efficient and economical way than the legal machinery and system of the country.
No doubt that India needs a Uniform Civil Code for ensuring equality among its citizens. It is necessary to stop the gender discrimination in various laws prevailing in India. In certain subjects, sensible personal laws can be left as it is. Moreover, the reasonable traditions and customs of Indigenous tribal groups should be protected.
For this purpose, it is the high time to define “tribes” in the Constitution of India before going for the implementation of the UCC.
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