Morung Express News
Kohima | September 12
Putting rest to the trepidation surrounding the Uniform Civil Code (UCC), the 14th House of the Nagaland Legislative Assembly has unanimously resolved for exemption from the proposed enactment of the UCC in its application to the State of Nagaland.
The consideration and adoption of the resolutions on UCC moved by Chief Minister, Neiphiu Rio was accepted with a chorus of 'ayes' from the members. The resolution, to this effect was adopted on the second day of the second session of the 14th NLA on September 12.
The adopted resolutions read out by Rio, stated that the apparent objective of the UCC is to have a single law on personal matters, such as marriage and divorce, custody and guardianship, adoption and maintenance, succession and inheritance, which, “in our view, shall pose a threat to our customary laws, social practices and the religious practices, which will be in danger of encroachment in the event of imposition of the Uniform Civil Code.”
It also stated that in the consultative meeting with various stakeholders on the subject of UCC etc organised by the state government on September 1, the representatives of the various Tribal Hohos/Organizations expressed strong resentment and objection to the idea of having a Uniform Civil Code.
The adopted resolution cited Article 371(A) of the Constitution of India which states: "Notwithstanding anything in this Constitution, no Act of Parliament in respect of the religious or social practices of the Nagas, Naga customary law and procedures and administration of civil and criminal justice involving decisions according to Naga customary laws, and ownership and transfer of land and its resources shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution decides".
Subsequently, it stated that the Government of Nagaland, through a Cabinet decision, had earlier submitted its views on this subject to the 22nd Law Commission on July 4 conveying its opposition to UCC on the grounds of the unique history of Nagaland.
It pointed out that since pre-independent British era, the assurance of non-interference/policy starting from pre-independence times and continued by the Government of India/in the social and religious practices and customary Laws of the people, and the constitutional guarantees given under Article 371 A. It also strongly urged that Nagaland be completely exempted from the purview of UCC.
It also informed of the appointment of the 22nd Law Commission of India on February 21, 2020 whose terms extended till August 31, 2024, and the issuance of a public notice on June 14 inviting views and ideas from all stakeholders on the subject matter of having a Uniform Civil Code (UCC) throughout India.
