The infinite variety of custom – on UCC and Tribals debate

Source– The post is based on the article “The infinite variety of custom” published in “The Hindu” on 8th July 2023.

Syllabus: GS2- Polity

Relevance– UCC

News- The Prime Minister’s push for a uniform civil code has led to alarm among tribal communities in different regions of the country.

What are the concerns of tribals regarding UCC?

Tribal fear that significant parts of their way of life would be undone if a UCC is implemented. Tribal feel that “one code for one country” undermines the Constitution.

Most tribes have a patrilineal line of succession. They fear that non-tribal people and people of other religions can trap their women to grab land if daughters are allowed to claim father property.

Tribal fears that UCC will impact their customary practices. They also believe that civil courts are too cumbersome and inaccessible.

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.

There are also judicial precedents which recognise customary practices and authorise lower courts to make decisions on their basis.

The sharpest protests against a UCC in the north-east emerged from Nagaland, Meghalaya, and Mizoram.

Many tribal bodies have said that UCC is unconstitutional because of protections provided in Articles 371A and 371G of the Constitution of India.

A UCC could also come in conflict with the Sixth Schedule of the Constitution.

Social practices in the north-east vary from community to community. They fears that their traditional system will be affected by a common code

PESA Act, 1996 empowers the tribal villages to use their “customary mode of dispute resolution” for disputes related to land, family, and marriage, among others. The community-based systems of settling disputes in Arunachal Pradesh are “more democratic” than those of modern-day courts. The tribal communities fear that the UCC could undermine this Act.

Adi community in Arunachal Pradesh have Kebang system for settling disputes. Unlike the formal judicial system, everyone’s a winner in the Kebang system.

In Meghalaya, daughters inherit ancestral property from their parents. The Khasi customary law vests the right of inheritance on the youngest daughter.

The best practices and aspects of customary laws can be accommodated when a common code is prepared without affecting traditional systems.

Change cannot be imposed on communities. They will change when they feel the need to.