Tamil Nadu Chief Minister M.K. Stalin on Thursday strongly opposed the proposal for a Uniform Civil Code (UCC) and said its hasty introduction would result not only in a constitutional breakdown but also in communal disharmony and chaos in the country.
In a letter to the Chairperson of the Law Commission of India, he urged that the proposal be dropped. He said the UCC posed a serious threat to the diverse social structure of the Indian society. Underlining the significance of the constitutional safeguards, he cited Article 25 of the Constitution and said, “Religious practices are the basis for most of the personal laws of the respective communities and hence, any changes in such personal laws cannot be done without the consent of the religious communities.”
Underlining India’s cultural and religious pluralism, Mr. Stalin argued that the UCC, by seeking to impose a uniform set of laws, “disregarded” this diversity and undermined the essence of the nation’s pluralistic fabric. “It is crucial to respect and preserve the distinct traditions, practices, and personal laws of different communities, including those of tribal communities,” he said in the letter, the text of which was released to the media.
The UCC violated the freedom granted by the Constitution under Article 25, which provides every religious group with the right to manage its own affairs, he said. As Article 29 provides various religious groups with the right to conserve their own distinct culture, any attempt to impose a uniform code might be perceived as an “overreach” by the State into religious matters, setting a “worrisome precedent” for future encroachments on personal liberties, the Chief Minister argued. While India’s federal structure grants autonomy to States and respects their unique socio-cultural identities, the UCC “infringes upon this principle by centralising personal laws and eroding the rights of States to govern their own affairs”.
Uniformity in personal laws would not create a unified nation, he said, contending that the UCC had the potential to create deep divisions and social unrest among different religious communities. “It is crucial to promote mutual understanding and respect rather than imposing a uniform code that can generate conflicts and breed animosity,” he added. The proposal for the UCC failed to acknowledge the historical context and attempted to impose a standardised set of laws that might not be in sync with the beliefs of diverse religious groups.
“The UCC, by its very nature, has the potential to disproportionately affect such tribal communities and undermine their right to preserve their traditional practices, customs and identities,” Mr. Stalin said. Implementing a uniform code without the socio-economic disparities in our society being considered could have adverse consequences, he added. Instead of imposing a uniform code, interfaith dialogues should be strengthened, tolerance should be promoted and the spirit of unity in diversity that defined India should be nurtured, he said. The UCC, as it stood, lacked wide consultations with the State governments, religious leaders and community representatives, a process that was crucial to arriving at a well-rounded and acceptable solution, he said, adding, “We should aim for uniformity in rights and opportunities for all people rather than uniformity on laws.”
Published - July 13, 2023 11:22 pm IST
