The Uniform Civil Code (UCC) has been a topic of intense discussion in India, particularly concerning its potential impact on diverse communities and their customary laws. Union Minister Kiren Rijiju has recently addressed these concerns, assuring that tribal communities will be exempt from the UCC to protect their unique customs and traditions. This decision acknowledges the distinct social fabric of tribal societies and aims to uphold their rights to practice their নিজস্ব cultural norms.
The UCC aims to create a single set of laws applicable to all citizens, irrespective of their religion, in matters such as marriage, divorce, inheritance, and adoption. Article 44 of the Constitution directs the state to endeavor to secure a UCC for all citizens throughout India. Proponents argue that it will promote gender equality and streamline legal processes. However, concerns have been raised about its potential impact on religious and cultural freedom, especially for minority communities.
Rijiju's statement clarifies the government's stance on tribal communities, particularly those in the Northeast and other areas protected under Schedules 5 and 6 of the Constitution. These schedules recognize the unique administrative and legal structures in tribal areas, granting them a degree of autonomy in managing their affairs. The proposed exemption seeks to ensure that the UCC does not infringe upon these established rights and customs.
Speaking at an event organized by the RSS-affiliate Vanvasi Kalyan Ashram, Rijiju emphasized that the government is committed to both implementing the UCC and respecting the traditions of tribal communities. He criticized the spread of misinformation on social media and affirmed that the government's intention is to allow tribal communities to live freely according to their customs.
Several organizations and political figures have expressed varied opinions on the UCC. Some argue that it is essential for achieving true secularism and gender justice. Others fear that it could lead to the erasure of cultural identities and the imposition of a single cultural standard. The Law Commission is currently examining the issue, and some states have already begun the process of implementing the UCC. Uttarakhand has implemented UCC in the state.
The debate around the UCC also involves questions of gender equality within personal laws. The Karnataka High Court has emphasized that personal laws based on religion often result in unequal treatment, particularly for women. The court noted that despite the equal status guaranteed by the Constitution, religious personal laws can lead to disparities. This perspective highlights the complexities of balancing cultural preservation with the need for gender justice and equality.
The decision to exempt tribal communities from the UCC reflects an attempt to strike a balance between these competing concerns. By allowing tribal groups to maintain their customs, the government aims to respect their unique social structures and cultural heritage. However, the broader debate on the UCC is likely to continue as India seeks to reconcile its diverse traditions with the principles of equality and secularism.