Kohima, July 9 : After Mizoram and Meghalaya, political parties including NDA allies -- Nationalist Democratic Progressive Party (NDPP) and Naga People’s Front (NPF) -- in Nagaland are opposing the Uniform Civil Code (UCC) as the customary laws and other constitutional protections exist in the region.

There are many special provisions in the Indian Constitution under Articles 371 (A), 371 (B), 371 (C), 371 (G), 371 (H) and 244 to preserve the traditions, culture and the overall development of the tribals in many of the northeastern states. 

Tribals according to the 2011 census constitute 60 per cent and above of the state’s population in four of the eight northeastern states -- Mizoram (94.4 per cent), Nagaland (86.5 per cent), Meghalaya (86.1 per cent) and Arunachal Pradesh (68.8 per cent) -- while a reasonable number of tribal population exists in the remaining four states , Tripura (31.8 per cent), Manipur (35.1 per cent), Sikkim (33.8 Per cent) and Assam (12.4 per cent). 

The Rights and Risks Analysis Group (RRAG), a New Delhi based rights group, in its submission to the Law Commission of India stated that nothing has changed since the Law Commission’s Consultation Paper of 2018 in which it held that a “uniform civil code which is neither necessary nor desirable at this stage” and any other contrary findings shall raise questions about integrity, independence and impartiality of the Law Commission. 

RRAG Director Suhas Chakma said “The Uniform Civil Code shall require constitutional amendments, in particular, Article 13(3)(a) of the Constitution relating the status of “custom or usage having in the territory of India”, Article 371(a) of the Constitution of India providing guarantees for customary laws in Nagaland and Article 371(g) of the Constitution providing guarantees for customary laws in Mizoram.” 

Article 44 of the Constitution relating to a UCC for citizens is a part of the Directive Principles of the State Policy and it cannot nullify or override the fundamental rights guaranteed under Article 13 (3) (a) of the Constitution. 

“If exemption is given to the North Eastern States, the question shall arise as to why the same exemptions must not be extended to the tribal areas under the Fifth Schedule to the Constitution of India and thereafter, to various other groups whose customs or usage are guaranteed under Article 13(3) (a) of the Constitution of India. Exemptions to various groups imply that it is no longer uniform that the government of India or the Law Commission seeks to achieve,” Chakma said.