India's tribes make up a quantitatively small proportion of the country's population—just 9%. However, both their size and the diversity of their traditions are enormous.
New Delhi : The diversity among the ST groups, particularly in terms of customs and traditions relating to marriage, age of marriage, registration, dissolution, and inheritance, may present the biggest challenge to the BJP-led center when it comes to deciding on the Uniform Civil Code. There are over 11 crore people and approximately 700 different tribes in India.The UCC was supported by Prime Minister Narendra Modi last week, which sparked debate in political and legal circles. The Law Commission reported that in the previous two weeks, it had already received about 19 lakh recommendations. The procedure of gathering feedback will continue through July 13. Although it is acknowledged that the opposition is attempting to demonstrate a powerful, united opposition and rejection of the proposition , It will be difficult for the BJP as well to create a UCC that appeals to all national communities' sensibilities.
Challenges before the BJP
When it comes to establishing the Common Civil Code, a standard set of laws for marriage, adoption, inheritance, and divorce, tribal people and the northeast region present the biggest obstacle for the BJP.
India's tribes make up a quantitatively small proportion of the country's population—just 9%. However, both their size and the diversity of their traditions are enormous.
The National People's Party (NPP) and Nationalist Democratic Progressive Party (NDPP), the BJP's two main supporters in Nagaland and Meghalaya, respectively, have criticized the idea of UCC, claiming it is contrary to the idea of India. In a similar vein, the Mizo National Front, a BJP partner from Mizoram, claimed that the UCC was an effort to end the Mizos' customary laws, cultural norms, and customs, whether they be religious or social.
Conrad K. Sangma, the chief minister of Meghalaya and national president of the NPP, has expressed concern over the potential effects of the UCC on the state's three matrilineal major communities, the Garo, Khasi, and Jaintia.
The matrilineal Khasil group in Meghalaya is represented by the Hynniewtrep Youth Council, which has stated it will write to the Law Commission of India to express opposition to the plan to enforce the UCC. According to the Sixth Schedule of the Constitution, the Khasi Hills Autonomous District Council, an autonomous body, passed a resolution last week urging the center to refrain from adopting the UCC, citing the need to safeguard traditional land ownership practices, the matrilineal system in Khasi society, and the culture of traditional heads.
The NDPP has argued that Article 371(A) of the Constitution guarantees Nagas protection for their traditional ways of life and has encouraged the government to take another look at the situation. The party has made it clear that a law like UCC would be "unwise" to enact since it will have "significant consequences on the talks" at this "crucial juncture" in the Indo-Naga political dialogue.
The main Assam-based ally of the BJP, the Assam Gana Parishad, or AGF, has not yet made clear how it feels about the UCC. Many people worry that the UCC will have an impact on their customary laws, which are protected by the Constitution and are practiced by more than 220 ethnic communities in the northeast, one of the most culturally varied regions in the world.
The BJP is also aware of the issues, which is why BJP MP Sushil Kumar Modi is reported to have questioned the UCC's applicability in tribal regions, including those in the northeast, given that their customs, traditions, and rituals differ from those of other communities and the Constitution provides them with special protection on Monday in the parliament's panel on law. Vivek Tankha, a Congressman, has brought up this issue, claiming that uniformity would violate with various Constitutional clauses that provide unique protections for 11 states, including northeastern ones.
The BJP is also conscious of the potential effects that UCC may have on its support among indigenous groups in such regions. The BJP suffered its greatest electoral losses in 2018 in tribal-dominated areas, at least in Madhya Pradesh and Chhattisgarh. As a result, the party will exercise caution and pursue extensive engagement, as the RSS has recommended, at least with regard to ST populations.
Shiromani Akali Dal (SAD), a former ally of the BJP, has also expressed its concern over the negative effects of the UCC on tribal and minority populations in Punjab. A number of Sikh activists have stated that they will meet with a Sikh personal law to discuss their concerns with relation to their customs.
Uttarakhand to implement UCC
Pushkar Dhami, the chief minister of Uttarakhand, was in Delhi to meet with PM Modi. On Monday, he had a lengthy discussion over the UCC draft with home minister Amit Shah under the chairmanship of retired judge Ranjana Desai.
It is known that the committee, which was established a year ago, has met with residents from border communities and places with a Muslim majority during its about 63 meetings over the past eleven months. NDTV has learned that the committee has also looked at the inconsistencies between numerous laws on the same topics, which is more significant. For instance, religious regulations may differ from the Juvenile Justice Act when it comes to adoption of children. Similar to this, Muslim personal law has conflicted with the prevention of child marriage act when it comes to marriage. NDTV has learned that these discrepancies will be eliminated. Justice Ranjana Desai has stated, emphasizing in particular that the statute is being designed with the secular community in mind the State's structure in mind. According to Chief Minister Dhami, the UCC would soon be put into effect in the state.
Challenges before the Opposition
Additionally, the opposition hasn't really expressed a strong, cohesive collective rejection to the UCC notion. Additionally, certain parties at least don't want to be associated with supporting laws that are regressive and are a component of some personal laws.
For example, the BSP agrees with the concept of the UCC but believes that the government should only move forward after consulting all communities, including Muslims and tribals. According to the party, although Dr. B. R. Ambedkar endorsed the notion of UCC, it should not be implemented quickly. There have also been a variety of voices in the Congress.
The UCC has received strong backing from the Shiv Sena. Now, the group led by Uddhav Thackeray has been arguing that the government shouldn't implement the UCC with an eye toward the next elections and that it will also have an impact on many Hindus.
The AAP, which just withdrew support for the united opposition, had previously backed the UCC concept. Numbers will be important for the BJP when it introduces the measure because the UCC has been challenged by parties that have previously supported its efforts, like the YSRCP. It has 10 MPs in the Rajya Sabha. This demonstrates that there are differences among the opposition as well. On July 17 and 18, there will be a conference of 15 opposition parties in Bengaluru, which may provide some clarification on this issue.
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