SHILLONG, June 29: The Centre has stirred a hornet’s nest with its move to implement the Uniform Civil Code (UCC).
Recently in Bhopal, Prime Minister Narendra Modi made a strong pitch for it, stating that the Constitution mentions “equal rights for all citizens”.
The UCC, a directive principle under the Constitution, is meant to be a single set of personal laws, which would apply to all citizens equally and govern personal matters such as marriage, divorce, adoption, inheritance and succession.
At present, the personal laws of various communities are largely governed by their religion.
In Meghalaya, there are rising concerns on whether the UCC would affect the Sixth Schedule of the Constitution and state laws like the Land Transfer Act or the jurisdiction of the District Council Courts.
The Khasi Hills Autonomous District Council had unanimously passed a resolution last week to oppose the UCC’s implementation in the Sixth Schedule areas falling under the Council’s jurisdiction. The Council will meet legal experts to prepare a petition which will be submitted to the Law Commission of India opposing the UCC.
The Shillong Times on Thursday spoke to people from varied backgrounds to seek their opinion.
Retired bureaucrat Toki Blah said there is a need for more transparency, clarity and understanding as to what the government means by the UCC.
“I don’t think that anyone will be against the UCC as long as the basics and fundamentals of the many religions are not tampered with. India has a uniform CrPC, so why not a UCC?” he argued.
He, however, added the biggest fear is that government might just use the UCC to introduce a uniform Hindu code applicable to all citizens of the country.
“One must not forget the temptation to polarise before 2024,” he added.
VPP chief Ardent Basaiawmoit said he had raised the issue in the last Budget session, expressing the party’s concern about impact of the UCC on people.
Former MLA and TMC vice-president George B Lyngdoh said the word uniformity in India cannot exist for religious, social and traditional purposes due to its religious and cultural diversity and therefore, the UCC was placed in the directive principles and not under any Article or Schedule of the Constitution.
“Any effort to bring uniformity in social and religious customs will not be accepted by the people if it goes against their faith, practices and social customs,” he added.
TMC youth leader, Richard Marak said the BJP is turning India into a totalitarian police state.
“The timing is also questionable. They are trying to divide and rule. Why rake up the UCC issue before 2024 elections?” Marak asked.
“They are using this to polarize votes. India must aspire for uniformity of rights and not a uniform law. Modi’s commitment to bring the UCC can be seen as a direct attack on the customary and religious rights of tribals and minorities of India,” he said.
“The UCC is unconstitutional and it contradicts the fundamental rights, customary rights and religious rights of the tribals and the minorities. Communal violence of recent years further divided communities and eroded the faith of minority groups in the present government. India needs unity and not uniformity,” he added.
Former MLA PT Sawkmie said the UCC, if implemented, will lead to the doing away of religious laws of Christians and Muslims and priests and Fathers who conduct different rituals like marriage will have no power.
Sawkmie alleged the BJP-led central government’s intention is to have “one nation one law” and if this is implemented, the protection that Meghalaya enjoys from the Sixth Schedule will be badly affected.
“What will happen to our District Courts and state laws like the Land Transfer Act?” Sawkmie asked.
He urged the MDA constituents, including BJP, to oppose the UCC. The BJP, however, allayed the fear stating that there is nothing to worry.
“Many fear because most of the leaders do not understand the very foundation and benefits of being part of the excluded areas of the country. The Opposition tries to instill fear but there is nothing to fear as there are special provisions which protect tribal areas,” BJP MDC from Tura, Bernard Marak said.
He also said that one should try to understand the “history of our origins and the rights protected by our forefathers through the Constitution”.
