Union Minority Affairs Minister Kiren Rijiju has announced that tribals in the northeast and other regions of India will be exempt from the proposed Uniform Civil Code (UCC). This decision aims to safeguard the traditional lifestyles and customs of tribal communities. Rijiju made this announcement at an event organized by the RSS-affiliated Vanvasi Kalyan Ashram, clarifying the government's position amidst growing discussions and "bizarre atmosphere" on social media. He emphasized that the government intends to create a UCC while respecting the unique traditions of tribal groups.
The UCC aims to replace personal laws based on religious and cultural practices with a single set of uniform laws applicable to all citizens, regardless of their religion or community. It seeks to establish uniformity in civil laws related to marriage, divorce, inheritance, adoption, and other personal matters. While proponents believe it will ensure gender equality, rights, and social justice, opponents fear it could undermine India's cultural diversity.
Rijiju reiterated that tribal areas, particularly those under Schedules 5 and 6 of the Constitution, will remain outside the UCC's purview. He stated that the government wants "adivasis" to have the freedom to live in their own way. He also noted that some states have already started working towards implementing the UCC. Uttarakhand has already implemented the code.
The Law Commission is currently examining the UCC issue. The decision to exempt tribals reflects concerns about the potential impact of a uniform code on their customary laws and socio-cultural practices. Tribal communities fear that the UCC could infringe on their constitutionally protected rights and lead to social upheaval. Customary laws are deeply ingrained in their way of life, and an abrupt transition to a uniform code might create resistance and unrest.
Specifically, tribal communities worry about the loss of their religious ethos and the potential for the UCC to impose patriarchal norms on matrilineal systems. Concerns also include changes to marriage and divorce procedures, the minimum age of marriage, and customary dispute resolution practices. Some fear that village bodies empowered by the Panchayats (Extension to Scheduled Areas) Act 1996 (PESA) for resolving disputes related to land, family, and marriage could be threatened. Furthermore, tribes in certain states adhere to ancient customary laws of succession, and there are concerns that the UCC would conflict with constitutional safeguards regarding inheritance.
The exemption of tribals from the UCC aims to address these concerns and ensure the preservation of their unique cultural identities and traditional practices. It also aligns with constitutional provisions that protect the rights and interests of tribal communities. Rijiju criticized the spread of misleading narratives on social media and emphasized the government's commitment to protecting tribal rights. He also highlighted the Modi administration's initiatives for tribal community welfare and the significant representation of tribal leaders in the current council of ministers. Additionally, he stressed the need for safeguards against illegal conversions and extremism targeting tribal youth, as well as proper rehabilitation in cases of displacement due to development projects.