Much has been said and written about the Uniform Civil Code. However, as responsible citizens, we need to be aware of policies that the government is planning to legislate into law, particularly those that impact our personal lives such as the proposed Uniform Civil Code (UCC). For the uninitiated, the UCC is a proposal to formulate and implement personal laws of citizens which apply to all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. The concept of a UCC in India has been a subject of intense debate and discussion for several decades. The idea behind a UCC is to have a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of their religious affiliations. Moreover, for tribal communities like the Nagas, apart from the religious practices, there are customary laws and practices that govern personal matters. All of these laws are feared to be sidelined if or when the UCC is legislated into law.
The Constitution of India, under Article 44, one of the Directive Principles of State Policy states that the state shall endeavor to secure a Uniform Civil Code for its citizens. However, the framers of the Constitution left it to the discretion of the government to implement a UCC, recognizing the sensitivity and complexity of the issue. Over the years, various governments have discussed and debated the implementation of a UCC, but it has remained a contentious and politically sensitive topic. Today, implementation of a uniform civil code across the nation is one of the contentious promises pursued by the ruling BJP.
Some people believe that it is necessary to have a uniform set of laws governing marriage, divorce, inheritance, and other personal matters. Others believe that the UCC would be a violation of religious freedom and cultural diversity. It is unclear whether the UCC will be implemented in India. The government has not yet made a decision, and there is strong opposition from some states. If the UCC is implemented, it is likely to be a complex and controversial process. States like Meghalaya, Mizoram, Kerala, Karnataka, Andhra Pradesh, Telangana and West Bengal are opposed to the idea of implementing a UCC. These states have raised concerns that the UCC would violate their religious freedom and cultural traditions. They have also argued that the UCC is not necessary, as India already has a number of personal laws that govern different religious communities.
It is interesting to note here that the UCC has often become a subject of political maneuvering and posturing. Political parties and leaders have used the issue to consolidate their vote banks or appeal to their respective constituencies. The sensitive nature of religious identity and the potential impact on minority communities have made it a polarizing topic, with political calculations often taking precedence over a genuine discussion on the merits and drawbacks of a UCC.
In Nagaland too, political parties like the NPF, Congress, NPP and, most recently, the ruling NDPP have expressed opposition to the UCC. Several tribal organizations like the Ao Senden and the Angami Public Organization are also opposed to it. With parliamentary elections happening next year, the issue is likely to gain even more traction. The NDPP’s opposition to the UCC reflects the ongoing debate surrounding the code’s potential impact on minority rights and the delicate balance between uniformity and diversity in a nation as diverse as India.