*Sujit Chakraborty

The Uniform Civil Code (UCC) is facing opposition in the northeastern states of India, with political parties and stakeholders raising concerns about its implications.

In Tripura, the Tipra Motha Party (TMP), a leading tribal-based party led by former royal scion Pradyot Bikram Manikya Deb Barman, stated that it would announce its stance on the UCC after reviewing the draft published by the government or the Law Commission. The party has consistently advocated for the preservation of indigenous people’s customary laws and traditions, along with women’s empowerment and communal harmony among different communities.

In Nagaland, the Nationalist Democratic Progressive Party (NDPP) and Naga People’s Front (NPF), both allies of the ruling National Democratic Alliance (NDA), have joined the chorus of voices opposing the UCC.

They argue that the region’s existing customary laws and constitutional protections adequately address the diverse needs and traditions prevalent in the area.

In the entire northeastern region, apart from the Bharatiya Janata Party (BJP), the majority of national parties, including the Congress, Communist Party of India (Marxist), and the National People’s Party (the first national party from the northeastern region), as well as various state parties, strongly oppose the implementation of the UCC.

Notably, the Indian Constitution already includes several special provisions under Articles 371(A), 371(B), 371(C), 371(G), 371(H), and 244, aimed at preserving the traditions, culture, and overall development of tribal communities in many northeastern states.

According to the 2011 census, tribals constitute 60 percent or more of the population in four out of the eight northeastern states: Mizoram (94.4 percent), Nagaland (86.5 percent), Meghalaya (86.1 percent), and Arunachal Pradesh (68.8 percent). Additionally, a significant tribal population exists in the remaining four states: Tripura (31.8 percent), Manipur (35.1 percent), Sikkim (33.8 percent), and Assam (12.4 percent).

The Rights and Risks Analysis Group (RRAG), a New Delhi-based rights group, submitted a statement to the Law Commission of India, highlighting that the Law Commission’s 2018 Consultation Paper had deemed a “uniform civil code which is neither necessary nor desirable at this stage.” Any contradictory findings could raise concerns about the integrity, independence, and impartiality of the Law Commission.

RRAG Director Suhas Chakma emphasized that implementing the Uniform Civil Code would require constitutional amendments, particularly in relation to Article 13(3)(a) of the Constitution regarding the status of “custom or usage” within Indian territory, Article 371(a) providing guarantees for customary laws in Nagaland, and Article 371(g) providing guarantees for customary laws in Mizoram.

Article 44 of the Constitution, which pertains to the UCC for citizens, falls under the Directive Principles of State Policy and cannot nullify or supersede the fundamental rights guaranteed under Article 13(3)(a) of the Constitution.

Chakma added, “If exemptions are given to the northeastern states, questions will arise as to why the same exemptions should not be extended to tribal areas under the Fifth Schedule of the Constitution of India and subsequently to other groups whose customs or usage are guaranteed under Article 13(3)(a) of the Constitution of India. Granting exemptions to various groups implies that the uniformity sought by the government of India or the Law Commission is no longer applicable.”

Opposition to the UCC is gaining momentum in the northeast, with the Church Leaders Committee in Mizoram urging the government to halt the UCC’s progress.

The Mizoram Church Leader’s Committee stated that, based on the Memorandum of Settlement (Peace Accord), Mizoram is placed in a special status that exempts it from certain acts of Parliament concerning religion, social practices, Mizo customary law, administration of civil and criminal justice involving decisions according to Mizo customary law, and ownership and transfer of land. These acts only apply if the Mizoram Legislative Assembly passes a resolution to that effect.

The Naga Hoho, the apex body of Naga tribes, has also strongly opposed the “imposition of UCC” and expressed concerns about its potential impact on the diverse communities of India, particularly the Nagas. They firmly believe that enforcing a one-size-fits-all approach would undermine constitutional provisions, the unique history, indigenous culture, and identity of the Nagas, as well as the principles of unity in diversity in the country. The Naga Hoho emphasized that Article 371(A) of the Constitution recognizes the special status and rights of the Nagas, protecting their social, cultural, and religious practices, customary laws, administration of justice, and land ownership. (Edited)

*Sujit Chakraborty can be contacted at sujit.c@ians.in