New Delhi: The Rights and Risks Analysis Group (RRAG) in its submission to the Law Commission of India today stated that nothing has changed since the Law Commission’s Consultation Paper of 2018 in which it held that “uniform civil code which is neither necessary nor desirable at this stage” and any other contrary findings shall raise questions about integrity, independence and impartiality of the Law Commission.
“The Uniform Civil Code shall require constitutional amendments, in particular, Article 13(3)(a) of the Constitution relating the status of “custom or usage having in the territory of India”, Article 371(a) of the Constitution of India providing guarantees for customary laws in Nagaland and Article 371(g) of the Constitution providing guarantees for customary laws in Mizoram.” – cautioned Mr Suhas Chakma, Director of the RAAG.
Article 44 of the Constitution of India relating to an Uniform Civil Code for citizens is a part of the Directive Principles of the State Policy and it cannot nullify or override the fundamental rights guaranteed under Article 13(3)(a) of the Constitution of India.
“If exemption is given to the North Eastern States, the question shall arise as to why the same exemptions must not be extended to the tribal areas under the Fifth Schedule to the Constitution of India and thereafter, to various other groups whose customs or usage are guaranteed under Article 13(3)(a) of the Constitution of India. Exemptions to various groups imply that it is no longer uniform that the government of India or the Law Commission seeks to achieve.” – stated Mr Suhas Chakma, Director of the RRAG.
“The world has moved away from assimilationist approaches to the celebration of diversities in the world. With respect to the tribals, the ILO Convention No.107 of 1957 advocated assimilationist approach and the same Convention was replaced with the ILO Convention No.169 in 1989 advocating preservation of diversities. India’s policies on the Particularly Vulnerable Tribal Groups and numerous Supreme Court judgments affirm the preservation of diversities in India and not McDonaldisation of India” – also stated Mr Chakma.
