Uniform Civil Code ? What worries the Tribal group in India?

Uniform Civil Code – What worries the Tribal group in India? 

News: Tribal groups in Chhattisgarh hinted at plans to protest against the proposed Uniform Civil Code (UCC), with CM Bhupesh Baghel asking what would happen to the culture and traditions of tribal communities if UCC was implemented.

Why are the Tribal groups worried?
• Tribals in India are worried regarding the implementation of Uniform Civil Code (UCC) because they fear that it will erode their cultural identity and autonomy. UCC is a proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of laws governing every citizen.
• Tribals in India have so far governed themselves and decided their own customs through special constitutional rights. They have their own customary laws that regulate their marriages, inheritance, property rights, etc. These laws vary from tribe to tribe and region to region, and reflect their diverse traditions and beliefs.

What are the significant concerns?
• UCC will violate their fundamental rights to freedom of religion, culture and expression, which are guaranteed by the Constitution of India.
•  Social practices among North-Eastern tribal groups differ from community to community. They fear UCC will impact their traditional system, their way of life and customs.
• UCC will undermine their self-governance and local democracy, which are essential for their empowerment and development
• Most tribes in India have a patrilineal line of succession. They worry that non-tribal people and people of other religions may trap their women to grab land if daughters are allowed to claim father property.
• Many tribal bodies have said that UCC is unconstitutional because of protections provided in Articles 371A and 371G of the Constitution of India.
• Special legislation such as the PESA Act, 1996; the Chota Nagpur Tenancy Act, 1908; and the Santhal Parganas Tenancy Act, 1876, recognise customary practices in Jharkhand. These are protected under the Fifth Schedule of the Constitution.
• In Arunachal Pradesh, the community based systems of settling disputes is considered more democratic than those perhaps a modern day court would do. Adi community in Arunachal Pradesh have Kebang system for settling disputes. Unlike the formal judicial system, everyone’s a winner in the Kebang system.

Way Forward
• The Tribals believe their customary laws must be respected and protected and a meaningful consultation with tribal representatives is the need of the hour before implementing UCC.
• Also, at the same time some customary practices ought to be studied and if feasible lessons can be learnt from Tribal community and be implemented as a part of UCC.