UNC objects against proposed Uniform Civil Code; Unacceptable in Naga Homeland, says Naga Women's Union
HY News
12 July, 2023 05:41 pm IST
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The United Naga Council (UNC) has come strongly against the proposed UCC in India, Bill No. II of 2020 and implementation thereof for the citizens throughout the territory of India.
In a letter addressed to the Chairperson, Law Commission of India through the Deputy Commissioner, Senapati, it stated that the common Civil Code or common law for every citizen residing in India irrespective of religion and caste is a constitutional hurdle as Article 25 of the Indian constitution that seeks to preserve the freedom to practice and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of the Indian Constitution.
Presently, personal laws governing various communities are based on their respective religious texts. Due to this, individuals belonging to different religions have different laws regulating their marriages, divorces, inheritance and other family related matters. For instance, in tribal areas of the North-East, customary practices including land holding system, law of inheritance of properties, marriages and cases of divorce, succession, adoptions are all governed under the respective tribal customary practices and therefore, the tribal population in the North East and other regions should be kept out of the ambit of the UCC, it said.
The letter signed by Ng. Lorho, President, UNC and Vareiyo Shatsang, General Secretary, UNC, it mentioned that the constitution of India does not have a specific provision mandating a Uniform Civil Code for Citizens. However, it does mention of a Uniform Civil Code in Article 44, which is one of the directive principles of state policy and unlike the fundamental rights, it cannot be enforce in the court of law. The proposed UCC directly negates the basic structure and principle of the Indian constitution such as secularism, pluralism etc. Historically, the so called UCC and its concept has no place in the sub-continent of India despite of much efforts employed by the government since colonial power in 1835.
The emerging India as one of the economic giants in this contemporary world under the regime of BJP, propelling for “One Nation One Law” is a matter of great concern for all the Non-Hindus minorities’ population in India especially for the Nagas as a whole having its own distinct identity, practices and system. Therefore, the United Naga Council a conglomeration 20 tribes presently living in the state of Manipur in no uncertain terms opposes the intent and objective of promulgating such law of totalitarianism in the guise of UCC and shall not accept the implementation of the same under any circumstances in the Naga homeland.
The Naga Women's Union (NWU) has strongly opposed to the proposed Uniform Civil Code by the Govt of India and its implementation and termed as "Unacceptable" in Naga homeland.
In a letter addressed to Justice Ritu Awasthi, Chairperson, Law Commission of India through the DC, Senapati district, Asha Wungnam, President, NWU and Changwiliu Newmai, General Secretary, NWU stated that the proposal, a common law for every citizen irrespective of religion and caste itself is against the nation’s constitution as Article 25 of the India constitution holds Secularism. Every citizen has the freedom to practice and propagate any religion and Article 14 credits equality in pluralism. Equality is to respect one's Culture and religion as others’ are. India is seen to have the highest courtesy towards its citizen. It clauses the right to conserve and preserve every distinct culture as given in Article 29 as well, it said.
India is a country known for its rich religious and cultural diversity. It is a home to multi-religion, each with its own set of customs, traditions and personal laws. Whereas, in the contrary, the proposed UCC is posing a serious threat to this diversity by replacing individual religious law with a Uniform Civil Code, the social fabric of the different community in the sub-continent would be undermined and religious freedom of a citizen will be infringed upon. It is high time for the people in the helm of affairs to realize that “One Size” does not fit for all in this pluralistic society, it said.
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