It is indeed interesting to learn that our legislators talk about the contentious Uniform Civil Code in the public sphere. Two senior legislators have within this week itself spoken out against it, one in Phek and the other in Mokokchung. While it remains to be seen if the state’s legislative assembly has the will to pass an assembly resolution against the UCC, the bill of which has been introduced in the parliament, it is observed that all members of the NLA in their heart of hearts are against the UCC. People generally remain unaware of legislation that will affect their lives, for better or for worse, until it is passed into law. Once a bill is passed and becomes law, the people will have to live with it. The UCC, if passed in the parliament, will become an Act of law and the people will have to live by it. Yet, for whatever reasons, a large majority of the people remain oblivious to important matters. Proponents of the UCC talk about the benefits of a uniform civil law for all citizens of the country. However, the fact that the minorities will be worst affected by the UCC is conveniently ignored. Those who voice out against it are also ignored. A Uniform Civil Code would mean a Naga Christian and a citizen from another part of India with a different faith will be treated “uniformly” which is just another way of saying that the Naga Christian will be treated as the other citizen of India with another faith. In other words, UCC is the tyranny of the majority.
A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. On the other hand, the main argument against a UCC is that it violates the constitutional freedom to practice the religion of choice which allows religious communities to follow their respective personal laws. Those who argue against the Uniform Civil Code are of the opinion that matters like marriage, divorce, maintenance, succession and so on are religious affairs and the Constitution guarantees freedom of such activities and therefore a Uniform Civil Code will be a violation of it.
Part IV, Article 44 of the Indian Constitution, which corresponds with Directive Principles of State Policy, states that “The State shall endeavour to secure the citizen a Uniform Civil Code throughout the territory of India”. However, Article 37 of the Constitution itself makes it clear the Directive Principles of State Policy “shall not be enforceable by any court”. This indicates that the matter is subject to debate, and the majority wins in the end and the minority toes the line. Will the UCC, if enacted into law, render Article 371(A) irrelevant?