Why Some North-eastern States are Opposed to It

Protection of customary laws of tribal groups in the North-east is guaranteed by the Constitution

Nachiket Deuskar

Mizoram’s ruling Mizo National Front government is planning to pass a resolution in the state Assembly opposing the Uniform Civil Code – a proposed pan-India common personal law mainly advocated by the country’s ruling Bharatiya Janata Party.

While apprehensions about the proposed uniform personal law are usually seen as being expressed by Muslims and other religious minorities, the debate has been equally contentious in many parts of the North East. There are fears among the region’s sizeable tribal communities that a Uniform Civil Code (UCC), especially that of a majoritarian nature, would infringe upon their long-standing customs and practices that are protected by the Constitution.

BJP’s UCC advocacy

“Uniform Civil Code” refers to a proposed common personal law that will govern marriages, divorces, succession and adoption for all Indians. Currently, these practices are regulated by varying personal laws based on the religion practised by the individual or the community to which they belong. This has been a contentious issue.

While the BJP, holding the reins of power at the Centre, has been a long-time advocate of the idea, it has been opposed by the Opposition and civil society groups saying such a law will rupture the country’s social fabric and prevailing unity in diversity. Union Home Minister and BJP leader Amit Shah reiterated in November that the BJP was committed to enacting the UCC, which has been the party’s long-time manifesto promise.

“Not only the BJP, the Constituent Assembly had also advised Parliament and states that UCC should come in the country at an opportune time,” Shah had said, referring to Article 44 of the Constitution’s directive principles that says the country shall strive for such a code across its territory.

To this end, some BJP-ruled states such as Gujarat, Karnataka and Uttarakhand have, over the past year, expressed intent or taken initial steps such as constituting exploratory committees. Despite this thrust, the BJP has not moved on implementing the UCC.

On Thursday, Union Minister for Law Kiren Rijiju informed Parliament that the Centre has not taken any decision on implementing a UCC so far and the matter is being considered by the 22nd Law Commission. Therefore, the details of the proposed legislation remain unclear. This absence of a bill has been cited by the BJP to brush off concerns about the UCC in the North East. “There is nothing to be afraid of right now,” Vanlalhmuaka, BJP’s Mizoram unit president, told Scroll.

“Laws are for the society’s benefit and the Parliament decides what is good for the nation. If there is something wrong, we will say it if and when the time comes.”

Opposition in north-eastern states

But such assurances have failed to alleviate concerns about the Uniform Civil Code, especially in the North East.

While resistance to the UCC is usually seen as primarily concerning religious minorities, the idea also finds opposition in the North East. This was highlighted by All India Majlis-e-Ittehadul Muslimeen leader Asaduddin Owaisi in 2016. “Uniform Civil Code is not merely a Muslim issue,” Owaisi had said. “It’s an issue which will be opposed by the North East, especially Nagaland and Mizoram.”

Mizoram’s Assembly now seeking to pass a resolution against the UCC is not the first instance of public resistance against the proposal in the region. In 2017, the Nagaland government’s decision to hold municipal elections with 33% reservation for women in the state, following a court order, resulted in widespread disturbance, deaths and eventually the resignation of then chief minister T. R. Zeliang.

Naga groups saw the order as a challenge to their customary law. This had provided a reality check for those advocating a UCC. In January, Meghalaya Chief Minister Conrad Sangma expressed his apprehensions more clearly, saying that his National People’s Party – a BJP ally – cannot back any UCC it would affect the culture of the people of his state.

“The whole concept of UCC is something if it was going to be a uniform means it is going to be a strict uniform where they will change the cultural practices of the state of Meghalaya then obviously that’s something that we as a state, as a party cannot accept,” Sangma said.

Contravening constitutional principles This feeling is common among the Opposition in the North East. L. Thangmawia, a Mizo National Front MLA said, in his personal view, that the UCC among Mizos was impossible. “I