SHILLONG, July 4: In response to a public notice issued by the Law Commission of India on the proposed implementation of the Uniform Civil Code (UCC), the Hynniewtrep Youth Council (HYC) has asked the panel to recommend to the Centre not to implement it in Meghalaya.
In a petition to the Law Commission, the HYC said the code will dilute and replace the prevailing custom and usages, the provisions under the Sixth Schedule, and the powers of the autonomous district councils (ADCs).
“It will violate the federal structure of India and interfere with the religious affairs,” the youth body said while suggesting the panel recommend financial aid to the ADCs and provide guidance for codifying and legislating the different personal laws.
Reminding the commission that the Khasi and Jaintia Hills became territories of India through the Instrument and Annexed Agreement (IOA&AA), the HYC said according to the merger agreement, the Indian government guaranteed to protect and preserve the unique customs and traditions of the Hynniewtrep people within the country.
The youth body said under the Sixth Schedule to the Constitution of India, the ADCs in Meghalaya are mandated to make laws on marriage, divorce, inheritance and succession of property, social customs which include lineage, adoption, unique clan administration, and other personal laws.
It added that the ADCs, through their 72 years of existence, have to a certain extent done their duties to protect and preserve the unique customs and traditions of the Khasi-Jaintia people on matters relating to personal laws.
“The indigenous people of the state still have confidence in the ADCs and they still want to govern themselves with customs and traditions on various personal laws. The indigenous people of Meghalaya have strongly opposed any move by the authorities concerned to dilute the customs prevailing in these hills since time immemorial,” the HYC said.
“Hence, we can safely say that the indigenous people of Meghalaya are vehemently opposed to any concept of bringing in a Uniform Civil Code as it will not only dilute but replace the very prevailing customs in the state,” it said.
The pressure group also maintained that Meghalaya has already enacted various laws on marriage, inheritance, etc., and these have been implemented and accepted by the people of the state. If the Parliament of India implements the UCC, it would violate the federal structure as envisaged in the Constitution, which is uncalled for, it said.
“We feel that it is the constitutional duty of any government to respect each and every religion by allowing them to follow their own unique norms and not by replacing these norms with the UCC,” the HYC said.
The group added that the Constitution promotes diverse customs, religions, and languages. “It is our view that policies like the UCC will only create chaos and need to be rejected in toto,” it asserted.
“Further, the 21st Law Commission of India after proper study and analyses on reforms of Family Law in India submitted its report in August 2018 and recommended that the UCC is neither necessary nor desirable,” the HYC said.
