Apex bodies– Ao Baptist Arogo Mungdang (ABAM), Central Nagaland Tribes Council, Sumi Kukami Hoho (SKH) and Western Sumi Kukami Hoho (WSKH) have in separate statement, expressed strong opposition against attempt by the Centre to legislate Uniform Civil Code (UCC) throughout the country.
ABAM: Apex body of Ao Baptist Churches, Ao Baptist Arogo Mungdang(ABAM), maintained that the proposed legislation of Uniform Civil Code (UCC) that emphasises on one law for the entire nation in matters of marriage, divorce , inheritance and adoption for all religious communities was a priority agenda in the 2019 Lok Sabha election manifesto of BJP within its Sangh Parivar for legislation in parliament.
In a joint statement, ABAM executive secretary Rev. Dr. Prof., Mar Pongener and president Rev. Temshi Longkümer pointed out that north east India is home to over 200 tribes who are generally known for their community-centred life in all spheres be it social or the democratic way of administration.
ABAM reminded that even though India has been existing as a nation-state for many years, it was struggling to find a “central integrative force’ to bind all people together as a ‘nation’. ABAM said the Hindutva Movement understood this as a continuation of the attempt to find a “religio-cultural basis’ by shifting allegiance from ‘secularism to religious nationalism of hindutva’.
ABAM pointed out that in a pluralistic Indian context, adherents of different religions have been accommodated for centuries as per the teachings of various religions. ABAM said the attempt to introduce UCC was not only surprising but that Article 44 of the constitution, was being utilised to uphold a ‘particular religious group on one hand, and on the other hand, misleading the rest in total chaos.’
ABAM said it held religious freedom as the spirit of the Indian constitution and Article 44, an optional matter under the Directive Principles of state policy. Therefore, persistent efforts to implement UCC “is just the tip of the iceberg, because the whole process of detribalisation and displacement will continue vigorously”. According to ABAM, UCC has the potential to undermine the cultural fabric of India besides impinging on religious freedom.
It maintained that cultural diversity cannot be compromised under the plea for uniformity as this poses a threat on the territorial integrity of the nation.
ABAM said UCC was an “ulterior motive to erode the cultural autonomy of the tribals by diluting the unique constitutional rights and protection enjoyed by the tribal Christians and other religious minorities in Nagaland.”
In the light of the above, ABAM reiterated its strong condemnation of such an initiative by the union government which threatened not only the unity and integrity of India but also infringe upon the freedom of the Christian community in particular.
UCC in present form against idea of India: CNTC
In a letter to member secretary of Law Commission of India, CNTC president Khondao Ngully and general secretary Capt GK Zhimomi cautioned that UCC in its present form was against the idea of India, as the Constitution of India recognised diversity.
Appealing for upholding the idea of India based on unity in diversity, they said the constitutional safeguards provided to Nagaland was the umbilical cord that connected the State with the Indian Union.
CNTC warned that any law overriding the constitutional safeguards would sever the connection that had been painstakingly developed over the past six decades on the blood, sweat, tears and sacrifices of the people to protect their identity and way of life.
They pointed out that Nagaland occupied a unique position among the States by virtue of being the only State created out of a political agreement – the 16-Point Agreement– signed between the Central government and the Naga People’s Convention (NPC) on July 26, 1960.
Based on this, they mentioned that special provisions in the form of Article 371 (A) was inserted in the constitution by the Constitution (Thirteenth Amendment) Act, 1962, which provided that no Act of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil justice and criminal justice involving decisions according to Naga customary law, and ownership of land and its resources would apply to the State unless the Legislative Assembly decided by a resolution.
They quoted the 21st Law Commission’s “Consultation Paper on Reform of Family Law” of August 31, 2018: “Article 371A contemplates a different treatment to the part of Nagaland in view of the difference between the needs of the social conditions in Nagaland and the various stages of development in different parts of the country.”
The CNTC claimed that the 21st Law Commission had received substantial response from stakeholders while examining matters pertaining to UCC and had finally summed up its report in 2018 by terming UCC as undesirable and unnecessary.
“It recommended that rather than enacting UCC, family laws of every religion must be reformed to make them gender-just based on uniformity of rights rather than laws. Unfortunately, the Union Govt is yet to take any action on recommendations made by 21st Law Commission for the past five years,” the letter lamented.
Despite the unresolved Indo-Naga political issue, the duo said Nagaland had so far managed to progress under the Indian Union owing to diverse and vibrant nature of the country. They pointed out that different tribes had their own customs, culture and traditions that had been practiced for centuries, bound by personal laws without any conflict with one another.
Hence, they cautioned that Imposing untested laws alien to the tribal communities would have severe repercussions. They alleged that the pitch for uniformity and conformity was creating deep insecurity, particularly among the ethnic, cultural, linguistic and religious minorities that inhabited different parts of the country.
Meanwhile, ABAM alleged that the demand for UCC was a deliberate attempt of the Central government to destroy the freedom of citizens, particularly the minorities, in India.
It will directly affect Naga customary law…: SKH
SKH declared its firm opposition to the implementation of the proposed UCC in Nagaland as it would go against the basic norms and presupposition in framing of the Indian constitution.
In a letter to the member secretary of Law Commission, hoho’s president H Kashito Yeptho and general secretary Hetoho S Zhimomi declared that they would stand tooth and nail against any attempt to impose it in Nagaland as it would directly affect the Naga customary law, traditions, culture and Religion.
They said that keeping all these factors in mind, the Naga people and Sumis in particular were firmly against the implementation of UCC.
They also reminded the Law Commission that Nagaland was the only State that was created through a political agreement, known as the 16-Point agreement, signed between the representative of the Centre and the NPC, which was given constitutional guarantee with the insertion of Article 371 (A) through the Constitution (Thirteenth Amendment) Act, 1962.
They asserted that no Act of Parliament in respect of religious or social practices of the Nagas would apply to Nagaland unless the State Legislative Assembly of Nagaland decided so by a resolution. They claimed that Naga territory was kept as an excluded area from the colonial rule till the Statehood.
They demanded that in the event of implementation of UCC, Nagaland should be kept outside its purview, as its application would create confrontation and undermine the Naga customary law and practices that had been recognised and protected under Article 371 (A) of the Constitution of India in view of the State’s unique history.
Will infringe upon Article 371 (A), says WSKH
Also strongly opposing the attempt by the Central government to implement UCC, the WSKH declared that it would not accept its imposition in Nagaland.
WSKH president Phushito Ayemi and general secretary Kughato Awomi in a press release stated that the Law Commission must understand that implementation of UCC would infringe upon Article 371 (A), a special provision granted to Nagaland and its people, and therefore Nagaland should be exempted from it.
They warned that the law if enacted would have a serious effect on the religion, customary practices and traditions of the Nagas.
They said India was a secular country where nobody could interfere in matters of religion and religious practices or customs and traditions of any person. They emphasised that Law Commission must carefully examine the feasibility of UCC throughout country. Otherwise, it could seriously threaten the unity and diversity of the country, he warned.