[Disclaimer: This is a press release from Nagaland Transparency, Public Rights Advocacy & Direct Action Organization (NTPRADAO). The opinions expressed in the statement are the author’s own and does not reflect the views of Nagaland Tribune]

The NTPRADAO considers Uniform Civil Code as unnecessary, impractical and extremely harmful for our pluralistic country as it will destroy the nation, which is based on unity in diversity, and we demand that the Central Government must not waste the country’s resources in this unnecessary venture and cause upheaval in the society. For instance, as per Article 371 (A) and 371 (G) of the Constitution, tribes from the northeast states are guaranteed special provisions that restrict the parliament from enacting any law which supersedes their family laws.

The NTPRADAO opines that multi-religious, multi-cultural and multi-linguistic ethics of the country and its diversity is what India is known for. “The framers of the Constitution have envisaged protection of religious and cultural freedom as fundamental rights keeping in mind its uniqueness and delicate nature”. The Central Government or any other external source trying to bring any change in these laws, will only lead to chaos and disorder in the society, which cannot be executed by any sensible government.

The NTPRADAO states that, in reply to the argument that UCC is a Constitutional requirement, it pointed out that Article 44 is mentioned in Chapter IV of the Constitution (Directive Principles) which is not mandatory. While there are many guidelines listed under this chapter, which are in the interest of the people, the government is not inclined to implement them. However religious and cultural freedom is a fundamental and mandatory right (under Article 25 and Article 26).

One good example why the UCC must be condemn by one and all and not implemented in India is that for instance the Catholic Church has a canon law, which is followed all over the world and regulates family issues like divorce, marriage and inheritance, implemented by the ecclesiastical courts, even as they present the Catholic view point to the believers on matters of abortion, contraception, euthanasia and gay marriage etc.

Such a move by the Central Government to implement UCC would be ultra vires of the Constitutional right to freedom of religion and gives the impression that the BJP Central Government would like to control especially the minorities and its property or institutions by weakening the authority of religious leadership.

The Catholic Canon Law is scriptural and based on the tradition of the Church for the last over 2000 years. For instance, the Bible quotes Jesus Christ as saying “what God has united, we must not divide’ speaking against divorce and similar other issues, One cannot expect the universally followed doctrine of the Catholic Church to be changed because a government with brute majority is in power in our country. Those who do not agree with the Church’s teaching are free to marry under civil law and get divorced under it too. Similarly, the Indian Succession Acts of 1865 or 1925 was not applied to Indian Christians, then why should we come under it now?

The NTPRADAO extents its logical reasoning that marriage is considered not an agreement, but a holy sacrament, where God is considered the third partner and hence, cannot be dissolved. The UCC proposed by the BJP is more to reap political dividends and aims more at majority appeasement and consolidating its Hindu vote bank. Minorities, lower castes and backward classes are treated as second-class citizens and henceforth, issues like social security, education, health or poverty needs to be more looked at, with no interference in personal laws of various religions.

Laws must arise out of necessity, social reforms and through progressive community leaders, not foisted upon believers by the governments. We are open to leave the choice to opt for the UCC to the individuals, as religion is a personal, sensitive and dividing issue. Conditions must be created to remove psychological barriers as the UCC has been portrayed as majority versus minorities. India is a vast and diverse country with not just multiple personal laws, but also a large spectrum of language, ethnic or tribal variety. Hence, Sanskrit and Brahmanical or any other culture cannot be foisted throughout the country.

The NTPRADAO organisation with its 3 (three) thousands plus members from all over 16 districts of Nagaland shall be compelled to storm and attack each of the 60 legislators official quarters and burnt it down to ashes, if the present 14th NLA succumbs to outside forces and passes a bill in support of UCC.

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