Opposing the proposed Uniform Civil Code, Tamil Nadu’s ruling DMK has said implementation of such a code will not just have “widespread ramifications” on the rights of citizens and disastrous effect on secular ethos of the country, but will also intrude into legislative powers that the Constitution has conferred to states.
In an 11-page representation to the Law Commission, General Secretary Durai Murugan also sought to know when a common set of laws cannot be applicable or acceptable to all sects and sub-sects of Hinduism, how can an uniform code be implemented across the board to other religions.
The DMK leader, who is also the Water Resources Minister, also asked whether the Union Government is going to wipe out the concept of Hindu Undivided Family, which is “unique” to the religion, in one stroke by pointing to data that a total of 11.30 lakh HUFs filed returns and paid a sum of Rs 50,893 crores as taxes.
Durai Murugan also said the BJP's obsession with one nation, one language, one culture is now spilling over into one civil code, which he termed as an “anti-thesis to the right of freedom of practising and propagating one's religion under Article 25 of the Constitution of India and the rights given to minorities under Article 29.”
Another concern that the DMK flagged is that both the Union and States have concurrent powers over marriage and divorce and that a UCC once legislated by the Union cannot be varied by the states even after obtaining the assent of the President under Article 254(2) of the Constitution.
It is needless to mention that the States are closer to the people and know the grassroot realities better than the Union, Durai Murugan said, adding that the States are in a better position to assess the needs of the people with respect to administration of personal laws.
“In such circumstances, taking away the power of the States to enact laws tailor made to the needs of their people is unconstitutional and against the principles of cooperative federalism,” the DMK contended. Taking the case of Tamil Nadu whose population is 7.21 crore, Durai Murugan said 87 per cent of them are Hindus, Christians (7 per cent), and Muslims (6 per cent).
“The state is a paradise for peaceful coexistence of all religions. Communal violence is near non-existent in our State. The introduction of a divisive law like the Uniform Civil Code for political gains will disturb the peace, tranquillity, and harmony between the religious groups in Tamil Nadu and therefore is not desirable in the interest of the public,” he added.
Taking the case of Manipur, Durai Murugan said conflicts between ethnic or religious groups can lead to terrible violence like in the north-eastern state, which the Union and state governments have been “unable to control till date.”
“Ultimately, one law for the lion and ox is oppression. Each religion has evolved its unique, distinct custom and tradition over centuries of practice, in keeping with their beliefs and religious texts. To upset them with brute force is nothing short of tyranny and oppression and must not be committed by the state, which acts as parens patriae,” he added.
In the letter, the DMK also spoke about the initiatives it took to ensure social justice in the state like self-respect marriages, Samathuvapuram villages (equality villages), and equal rights for women in properties.
Recalling the speech by B Pocker Bahadur, a member of the Constituent Assembly from the undivided Presidency of Madras, Durai Murugan said it is the duty of the majority to secure the sacred rights of every minority.
“The same objections hold true even today. There is no distinct, clear or apparent purpose to imposing a UCC in personal laws, other than to eliminate the uniqueness of the minorities - not only the minority religions but also the minority sub-sects within the majority religions,” the DMK said, adding that tribes cannot suddenly be mandated by law to forego centuries of tradition and custom to abide by a UCC, which would be alien to them.
To say that the personal laws will be completely wiped out or eclipsed by a Uniform Civil Code is in our view an unjustifiable encroachment into Articles 25 and 29 and an intrusion into the citizens right to practice religion which includes being married etc. under the norms of that religion.
“That apart, the tribal areas in the States ofAssam, Meghalaya, Tripura and Mizoram have special protection with regard to aspects of marriage, divorce and social customs under Schedule - VI and Art 371(A) to (J) of the Constitution of India, which cannot be obliterated by way of a Uniform Civil Code,” Durai Murugan said.