In the backdrop of the Law Commission initiating a fresh consultation process on uniform civil code (UCC) by seeking views from stakeholders, Nagaland MLA and Naga Peoples Front (NPF) Legislature Party leader Kuzholuzo Nienu on Thursday stated that UCC betrays the hope and trust of the minorities, especially the tribal communities.
In a statement, he said that UCC is a direct threat to the fabric of communitarian tribal ethos and values and imposing it would “dismiss our culture as primitive, uncivilized and inhuman and question our ability to find a solution from within to address human problems including rights and equality and to contribute to nation building at large.”
A uniform civil code means having a common law for all citizens of the country that is not based on religion. Personal laws and laws related to inheritance, adoption and succession are likely to be covered by a common code. Implementation of a uniform civil code has been part of the BJP’s election manifestos.
The Nagaland legislator added that UCC is against the basic norms and presuppositions that have gone into the making of the Indian constitution itself – diversity, unity, federalism, secularism, etc. “It is betraying the hope and trust of the minorities, especially the tribal communities, for whom constitutional provisions, like article 371(A) or Sixth Schedule, have been provided to protect and promote our customs, values and practices, things which have given us a sense of identity, worth, belongingness and purpose,” he added.
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He expressed that instead of trying to override matters that come under personal law, lawmakers must promote “genuine interaction and cross-cultural learning” for diverse communities to forge greater understanding and inculcate a sense of respect, peace and unity which are fundamental for building a strong Indian state.
“It must be noted and put on record that the idea of LADF (MLAs) and LADS (MPs) of the country has its origin in the tribal wisdom of the Nagas. Even the concept of communitization of basic institutions like health and education that has merited national and international recognitions comes from the communitarian ethos of the tribal Nagas – the care of one and all and not to leave anyone out in the pursuit of the good,” Nienu stated.
The MLA maintained that he supported the wisdom and suggestion of the 21st Law Commission who observed that “the best way forward may be to preserve the diversity of personal laws but at the same time ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India. In order to achieve this, it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible, and the inequalities that have crept into codified law should be remedied by amendment.”
While stressing the need to do away with elements of hegemony and imperialism, he stated that the nation must “trust the diverse communities to find wisdom to address issues of human rights from within instead of coercing them from above.”
“As a legislator and representative of a tribal community from Nagaland, I stand to vehemently oppose any threat, be it modern western individualistic or Indian majoritarian values and ethos, which are not only incompatible but also pose a threat to our tribal communitarian ethos and values,” Kuzholuzo Nienu asserted.
