Guwahati: Even as Manipur remains embroiled in the worst ethnic violence in recent times, it seems another potential storm is brewing, which, albeit in a nascent stage and originating in India’s capital, can push all of Northeast India into turmoil.
The power corridors of Delhi are abuzz with the implementation of the Uniform Civil Code (UCC), a constitutional mandate that aims to replace laws of different religious communities with a common set of laws governing marriage, divorce, inheritance and other matters. At the outset, it may seem like a good thing; one nation, one law. However, it is also becoming increasingly clear that such a Code is unlikely to find any takers in areas where indigenous customs and traditions reign supreme.
Take the states of Nagaland, Meghalaya, and Mizoram for example. Collectively, they represent a little more than 10 million people or just one-third the population of Assam, but some of the strongest opposition to UCC has come from these states. And, as expected, several communities from Assam have also lent their voice in disagreement with the proposed Uniform Civil Code.
This, despite Union Minister SP Singh Baghel saying on July 5 that the tribal rights and customs in the Northeast and other parts of the country will not be impacted by the proposed UCC. Baghel, who is the minister of state for health, is the first from the government’s side to provide assurances amid growing chorus against the move from the Opposition.
“The customs of the Northeast are respected by the party, and we will not hurt any religious or social customs, but appeasement politics is not right either,” he reportedly said.
Perhaps it is the part where “appeasement politics is not right either” that has time and again troubled the leaders of Northeast India, one of the most culturally diverse regions of the world. The eight states are home to more than 228 tribes, each with their own customs and traditions.
As of now, only Uttarakhand is ready with a draft of the law and there are speculations that it will serve as a template for the central government as and when they prepare the UCC.
However, such is the nature of UCC that even a mention of it by Prime Minister Narendra Modi has set the cat among the pigeons. Such was the reaction in the Northeast that the chief ministers of Nagaland, Meghalaya and Mizoram wasted no time in making their views clear. Needless to say, almost every civil society organisation from these states have also made it clear that they, in no way, support a UCC that usurps their customary traditions and practices.
Opposing the Centre’s move on the implementation of the Uniform Civil Code (UCC), Meghalaya Chief Minister and NPP president Conrad K Sangma on Friday had said that it goes against the spirit of India. Similarly, Nagaland CM Neiphiu Rio’s party, the NDPP, said implementing the UCC will have a negative impact on the freedom and rights of the minority communities and the tribal people of India. Mizoram CM Zoramthanga concurred with his Meghalaya and Nagaland counterparts, saying that UCC is in conflict with the state’s customary laws. The Mizoram Assembly had, as early as February 2023, passed a resolution to oppose any bid to implement the UCC.
Some of the strongest words of protest have come from Christian organisations. Rev Dr N Paphino, vice president of the Nagaland Joint Christian Forum, comprising of all the Christian denominations in Nagaland, said: “The resurfacing of UCC at this time is seen as another ploy of the BJP at the centre. It must be pointed out here that it goes contrary to the ideals of the country’s fabric of secularism. India has always presented herself as an embracive country respecting the religion, culture and social practices of the individuals and the minorities to the outside world.”
Similarly, the Mizoram Church Leaders Committee (MKHC) issued a notice appealing for the suspension of efforts to impose the Uniform Civil Code (UCC) and urged the Centre to repeal the proposal altogether.
Assam-based intellectuals and civil society leaders also believe that implementing the UCC throughout the country would hurt tribal communities in the region.
Noted litterateur, retired IPS officer and former DGP of Assam Hare Krishna Deka believes the proposed UCC will impact the customary laws of various ethnic groups related to inheritance, marriage, and religious freedom.
“I understand that tribal systems have their customary laws regarding inheritance, property ownership, marriage, family customs etc. Those which are inherent in tribal customs can’t be jettisoned altogether by way of Uniform Civil Code and hence exceptions have to be accommodated in the Uniform Civil Code so that Hindu Civil System does not overrule the better practices of the tribal societies,” Deka said.
Another retired IAS officer, critic and litterateur Laxmi Nath Tamuly said: “It will be another step forward of Modi, if not of the BJP, to the destination of the establishment of a totalitarian rule in India with the cherished desire of the Hindutva or Hindu Raj.”
“But none of the innumerable living ethnic communities of India with their distinct, if not separated, religious, cultural, linguistic and traditional identities. None will feel comfortable giving up all their own and embracing a foreign one. Unified existing diversifications that stand hither to seems to be the only alternative if we want to survive with independence and sovereignty,” Tamuly opined.
“Which of the existing models of Indian states shall be selected for the Uniform Civil Code because no one would agree to accept that the selected model alone is civil and others are uncivil or barbaric,” Tamuly added.
Former BJP MP (now a Congress leader) and a lawyer of Gauhati High Court, RP Sharma said, “Although the UCC as proposed is designed to target the minorities, particularly the Muslims, it will have serious ramifications amongst the hundreds of tribal groups in the country, in as much as, every tribal community has its own preferred system of traditional laws of marriage, divorce, inheritance, adoption, etc.”
“Then how can the tribals be asked to follow the Brahmanic system of life? It will divide the country into many social groups and the process of cohesion and friendship will be torn apart,” Sharma said.
“I don’t know what the BJP leadership is after. Garo, Khasi, Naga, Jaintia, Arunachali, Boro, Mising all have their own system of traditional laws,” Sharma added.
The UCC, many believe, will mostly impact the customs and traditions of the tribal people of three hill districts within Assam: Karbi Anglong, West Karbi Anglong and Dima Hasao.
Former Assam minister and president of Tribal People’s Confederation, Assam (TPCA), Holiram Terang said: “It would be a death knell for peoples of Northeast India whose ethnicity, race, culture and tradition are considerably different from the Hindi speaking Hindus. For example, marriage between maternal cousins is allowed; rather it is favoured amongst the Karbi people which is a taboo for the Hindi-speaking Hindus. On the other hand marriage amongst the same clan is a taboo for the Karbis. Interestingly, there are many Hindu communities in South India whose social and marital practices differ a lot from those of North India. They too are not in favour of a UCC.”
“Moreover, there is no draft law or concrete proposal yet on the Uniform Civil Code. It seems this issue of UCC is brought again by the BJP to divert the people’s attention from the serious economic crisis that the country is facing today. This is also another step towards establishing authoritarian rule in the country,” Terang, who from Karbi Anglong, said.
“As the 21st Law Commission had suggested, the louder voice of the majority should not be allowed to subsume any form of difference- be it social or religious or cultural,” Terang clarified.
“The 22nd Law Commission of India issued a public notice on June 14 that those who are interested and willing may present their views on Uniform Civil Code within 30 days. Then after a week Prime Minister Narendra Modi openly pushed for a UCC by ‘highlighting the discriminatory practices against women in the personal laws of certain religious communities,” Terang further said.
Terang argued that Article 44 of the Constitution of India provides: “The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” He said the framers of the Constitution left it to the discretion of the government to implement a UCC, recognising the issue’s sensitivity and complexity.
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But it is not as if everyone believes the UCC would be detrimental to the region.
Noted litterateur and retired IAS officer, also the president of Arunachal Pradesh Literary Society (APLS), Yeshe Dorjee Thongshi said, “As a whole, the Uniform Civil Code will certainly benefit the tribal people of Arunachal Pradesh in ushering a new era of social order as it will do away with many evil social norms of various tribes which have become outdated but many people in showing their social status are practising like marrying many wives by paying excessive bride price etc.”
Also Read | Nagaland: Now, Naga Hoho opposes imposition of Uniform Civil Code