While debate over Muslim Personal Law is still raging in the country, the Law Commission has now decided to bring tribals under the ambit of the proposed Uniform Civil Code (UCC). Tribals in India have so far governed themselves and decided their own customs through special constitutional rights.
Top sources in the commission and law ministry told dna that the commission is soon likely to come up with its second questionnaire seeking public opinion on whether tribals should be brought under UCC.
The questionnaire is also likely to have questions pertaining to certain practices that are part of some tribal cultures. Some controversial practices in tribals include wife-swapping and mating of minors.
In October, the law panel came out with its first questionnaire, asking citizens to give their views on ending several religious practices and customs that had been branded anti-women in major religions—Hinduism, Islam and Christianity. It sought public views on controversial practices such as triple talaq, polygamy, polyandry, Maitri-Karar and a long waiting period for divorce in Christianity. Maitri-Karar, even though banned by law, is still practised sporadically in Gujarat.
Through this, a married Hindu man signs a friendship pact on stamp paper with another woman and brings her home to live together.
That questionnaire did not have any specific questions related to tribals but a certain section of the community has already moved the Supreme Court against the UCC. In their petition, they contended that government was making an attempt to impose UCC which will be against their ethos, customs and religious practices. To this, the commission had said they were open to suggestions and objections from tribals.
Sources in the commission and law ministry confirmed the development and said that the decision to include tribals in UCC was taken in a high level meeting on December 7. The officials also discussed the desirability and feasibility of a supplementary questionnaire for the purpose of engaging tribals in the debate and the law commission chairman Justice BS Chauhan gave a go-ahead to the idea of second questionnaire, sources said.
"Certain constitutional and legal safeguards available to various communities and groups such as Article 371 A, 371 B, article 244 read with fifth and sixth schedule of the Constitution of India, Section 1 of CrPC and section 1 of IPC also needs to be taken into consideration while working on a Uniform Civil Code," Sources quoted Justice Chauhan from December 7 meeting.
Article 371 A gives special status to Nagaland, which houses a significant tribal population while article 371 B grants special status to Assam which again houses many tribes. Nagaland in fact has cultural autonomy in following their traditional practices as Article 371 A bars legislation by Parliament on "Naga Customary law and procedure".
Similarly, the thrust of Article 244, the fifth and sixth schedule is the protection of cultural distinctiveness of tribals across the country.
There are total 645 district tribes in the country and the states which have maximum tribal population are North Eastern states, Chhatisgarh, Odisha, Jharkhand, Andhra Pradesh, Madhya Pradesh etc.
According to sources, the panel decided to include tribals in the proposed UCC after analyzing responses to the first questionnaire.
Sources said responses to the Commission from Asaduddin Owaisi's All India Majlis-e-Ittehadul Muslimeen (AIMIM) and West Bangal Chief Ministers Trinamool Congress formed the basis of the idea.
The two political parties questioned the fallout of the Uniform Civil Code on the constitutional provisions which provide special status to tribals.
Quoting AIMIM's response to the commission, a source said, "Will a Uniform Civil Code not violate certain provisions of the Constitution. If exceptions may be created for certain groups-then what shall be the basis of such exceptions?"
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