Explained | Why tribal groups are concerned about the UCC

The debate over the Uniform Civil Code (UCC) has reignited with the 22nd Law Commission seeking the views of public and religious organisations on a new draft proposal. Minority groups, including the All India Muslim Personal Law Board, the Jamiat Ulema-e-Hind, the Shiromani Gurdwara Parbandhak Committee (SGPC), Kerala's Samastha Kerala Jem-iyyathul Ulama, Nagaland's Baptist Church Council (NBCC), and Jharkhand's Adivasi Samanwai Samiti (ASS) have opposed the UCC, citing concerns over what they allege to be the BJP's majoritarian homogenizing agenda.

In this article, DH explores why tribal groups are particularly concerned about the UCC.

The UCC envisages a common law for all citizens of the country, regardless of religion. Personal laws and laws related to marriage, inheritance, adoption, child custody, alimony, polygamy and succession are likely to be covered by a common code. Many tribal groups fear that the implementation of such a code will violate their fundamental rights by impinging on their customs and traditions, many of which are protected by existing laws.

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For instance, Adivasi communities from Jharkhand are concerned about the UCC replacing the Chota Nagpur Tenancy Act as well as the Santhal Parganas Tenancy Act, which explicitly protect their land rights by prohibiting the transfer of tribal land to non-tribals.

Dev Kumar Dhan, convener of the Jharkhand Adivasi Mahasabha, echoed these fears in alleging, "It appears that there is a conspiracy to abolish tribal customary laws, the Chotanagpur Tenancy (CNT) and the Santhal Pargana Tenancy (SPT) Acts, the Wilkinson Rule, PESA law, rules for Fifth Schedule Area, and the existing marriage and divorce laws of tribals on the pretext of implementing the UCC." Adivasi Jan Parishad (AJP) president Prem Sahi Munda added, "As per our customary laws, women are not given ancestral land rights after marriage. If the UCC is implemented, we fear these customary laws may get diluted."

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Similarly, the Nagaland Tribal Council (NTC) asserted that the UCC would dilute the provisions of Article 371A of the Constitution, which guarantees that no act of Parliament will apply to the state in matters relating to the religious or social practices of the Nagas or interfere in Naga customary laws.

Echoing the same concern, the Nagaland Baptist Church Council (NBCC) issued a statement that read, “Codifying the social-cultural and the religious practices by way of negating the deep-rooted values and norms of the people, especially that of the tribals and the religious minority, will amount to violation of the fundamental rights of marginalised minorities in the country.”

These concerns have been echoed by several politicians as well.

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In response to PM Modi's UCC push in Madhya Pradesh last month, Chhattisgarh Chief Minister Bhupesh Baghel asked, “Why do you (BJP) always think from Hindu-Muslim point of view? In Chhattisgarh, we have tribal people. What will happen to their beliefs and the customary laws through which they govern their society? If the UCC is implemented, what will happen to their tradition?," adding almost poetically, “Our nation is like a beautiful bouquet with people believing in different religions, speaking different languages, following different cultures. We have to take care of them as well."

Shiromani Akali Dal leader Daljit Singh Cheema made the same argument in stating, "Changing the status quo is not desirable as it will cause friction in society. Besides minority communities, tribal societies who have their own personal laws will be most affected."

Even the BJP's own Rajya Sabha MP, Sushil Kumar Modi, who serves as the Chairman of the Parliamentary Standing Committee on Law has reportedly advocated for keeping tribals, including those in the North Eastern states, out of the purview of any likely Uniform Civil Code.

(With inputs from PTI)