Uniform Civil Code ‘against the idea of India’: CNTC

July 3, 2023 42 Views No Comment

Cautions against ‘severing’ umbilical cord connecting Nagaland with Indian Union

Dimapur, July 3 (MExN): The Central Nagaland Tribes Council (CNTC) has urged 22nd Law Commission of India (LCI) that Uniform Civil Code (UCC) in its ‘present form is against the idea of India’ and cautioned against ‘severing’ umbilical cord in the forms of constitutional safeguards connecting Nagaland with Indian Union.

In a representation to the LCI Member Secretary, the CNTC the apex body of three major tribes in Nagaland-Ao, Lotha and Sumi tribes, accordingly urged the 22nd LCI to uphold the idea of India based on Unity in Diversity.

“The constitutional safeguards provided to Nagaland is the umbilical cord that connects Nagaland with the Indian Union and any law that can override these constitutional safeguards will sever the connection that has been painstakingly developed over the past six decades on the blood, sweat, tears and sacrifices of the people to protect our identity and way of life,” it asserted.

The Constitution of India recognises diversity and plurality among the people of India and therefore, UCC in its present form is against the idea of India, added the representation appended by the CNTC Predient Khondao Ngully and General Secretary Capt GK Zhimomi.

Contextualising its stance, the CNTC pointed out that for diverse country like India, Nagaland occupies a unique position among the States by virtue of being the only State that was borne out of political agreement.

The “16 Point Agreement” signed between the Government of India’s Representatives and the Naga People’s Convention (NPC) on July 26, 1960, among others, resulted in the insertion of special provisions in the form of Article 371A in the Indian Constitution by Constitution (13th Amendment) Act, 1962, it said.

Article 371A has special provisions for safeguarding Nagas’ religious or social practices, customary law and procedure, administration of civil justice and criminal justice involving decisions according to Naga customary law, and ownership of land and its resources.

According to the CNTC, when the 21st LCI was referred by the Union Ministry of Law and Justice on June 17, 2016 to examine matters in relation to the UCC, it then brought out a ‘Consultation Paper on Reform of Family Law’ on August 31, 2018.

In the Consultation Paper, the 21st LCI had reportedly stated: “Article 371A contemplates a different treatment to the part of Nagaland in view of the difference between the needs of the social conditions in Nagaland and the various stages of development in different parts of the country.”

Meanwhile, the CNTC further pointed out that ‘Nagaland as a tribal state’ and so far managed to progress under the Indian Union owing to the diverse and vibrant nature of the country despite protracted Indo-Naga political issue.

Different tribes in Nagaland have their own customs, culture and traditions that have been practiced for centuries bounded by personal laws without any conflict with one another, it highlighted.

Accordingly, the CNTC asserted that imposition of an ‘untested laws alien to the tribal communities will have severe repercussions.’

Of late, the pitch for ‘uniformity and conformity’ is creating deep insecurity particularly among the ethnic, cultural, linguistic and religious minorities that inhabit different parts of the country, it added.

The Council further reminded that during the 21st LCI examination of UCC, substantial responses were received from stakeholders and the Commission finally summed up its report in 2018 by terming the UCC as “undesirable and unnecessary.”

Instead, it recommended that rather than enacting UCC, family laws of every religion must be reformed to make them gender-just based on uniformity of rights rather than laws but unfortunately, the Union Govt is yet to take any action for the past five years, it added.

Accordingly, the CNTC urged the 22nd LCI to uphold the idea of India based on Unity in Diversity and to refrain from severing the umbilical cord that connects Nagaland with the Indian Union.