India, a country known for its rich cultural diversity, finds itself at a crossroads when it comes to the issue of personal laws. Article 44 of the Indian Constitution advocates for a Uniform Civil Code (UCC) principle, aiming to establish a just and equal framework of rights applicable throughout the entire nation.
While this principle is not legally enforceable, it serves as a guiding directive for state policy. However, the implementation of a uniform code faces challenges due to the existence of various personal laws followed by different religious groups, creating a complex landscape of regulations and practices.
Meghalaya Opposes UCC
In a formal communication addressed to the Law Commission of India, Sanbor Shullai, the representative of the South Shillong seat, expressed his view that the implementation of the Uniform Civil Code (UCC) should be avoided in order to safeguard the distinct character of Meghalaya. It has been contended that enforcing the UCC could infringe upon the state’s customs, beliefs, values, and traditions.
“To retain the distinct character, tradition and rich culture, which have been protected by the Constitution of India, it is an earnest appeal that the implementation of UCC should be excluded from the scheduled areas of the state of Meghalaya”
Sanbor Shullai
Additionally, Shullai emphasized that the Khasis, Jaintias, and Garos, who reside in Meghalaya, possess a distinct system for overseeing and regulating their own customary and traditional laws. These laws are safeguarded by the sixth schedule of the Indian Constitution. The sixth schedule holds great importance as it upholds the principle of autonomous administrative divisions. It enables the creation of self-governing bodies within their respective states. While the majority of these autonomous district councils are situated in North East India, there are also two in Ladakh and one in West Bengal, thus extending the scope of autonomous governance beyond the North East region.
In addition to the potential erosion of Meghalaya’s unique identity, the enforcement of the Uniform Civil Code (UCC) would also be seen as an encroachment upon the matrilineal system practised by the tribal communities of the state.
The BJP legislator also highlighted the 2019 Bill in his letter when the Central Government had shown empathy during the implementation of the Citizenship Amendment Act (CAA) by exempting tribal areas of the Northeastern states. Accordingly, he advocated for the application of the same principle to protect and preserve the traditional matrilineal customary laws of the tribal communities in Meghalaya.
Conclusion
India’s personal laws present a unique challenge to the realisation of a Uniform Civil Code. While Article 44 of the Constitution sets the stage for a unified legal framework, the diversity of religious practices and beliefs has hindered its implementation. Striving for uniformity requires a delicate balance between upholding individual rights and preserving communal identities. As India moves forward, it is crucial to seek solutions that promote inclusivity, respect diversity, and establish a just legal system that addresses the evolving needs of its citizens while maintaining harmony and unity.
In conclusion, the opposition to the implementation of the Uniform Civil Code (UCC) in Meghalaya stems from various concerns raised by representatives and legislators. The unique character of Meghalaya, rooted in its customs, beliefs, values, and traditions, is seen as at risk of dilution if the UCC were to be enforced. Furthermore, the matrilineal system practised by tribal communities in the state is considered a vital aspect of their cultural heritage, which may be interfered with by the UCC. The presence of the sixth schedule in the Indian Constitution, providing for autonomous administrative divisions, has been underscored as a means to protect and preserve the distinct identity of Meghalaya. Additionally, references were made to previous exemptions granted to tribal areas during the implementation of the Citizenship Amendment Act (CAA), suggesting a similar approach should be taken in upholding the traditional matrilineal customary laws in Meghalaya. These arguments collectively reflect the concerns raised against the imposition of the UCC in Meghalaya.
