We are surprised that the Law Commission is seeking views on the UCC, despite the Law Commission’s own Consultation Paper dated 31st August 2018, finding “neither necessary nor desirable at this stage”. As such re-opening this issue without any justification creates serious apprehension in our minds about the purpose of this exercise.
While it is rightly being apprehended that the UCC is being used as a tool to undermine the status of religious minorities, it will also severely compromise the unique customs, usages and practices of Adivasis and is another effort to forcibly bring these communities into the Hindu fold. This will also dismantle the Constitutional privileges and protections given to Adivasis. Further there are constitutional limits (Articles 371A to 371I) on the Parliament to interfere with the customary laws and practices of Scheduled Tribes particularly in the North Eastern states.
It is for this reason that, Adivasis, across the country have expressed serious reservations over UCC and warned against any interference with their customs and traditions. Please note that the chairman of the Parliamentary Committee on Law and Justice, Mr. Sushil Kumar Modi has reportedly assured that the indigenous populations in the Northeast and other parts of the country ought to be kept out of the UCC.
(Excerpts from the letter dated 13 July 2023 by Adivasi Sangharsh Morcha to Law Commission of India)