DIMAPUR, JULY 5 (MExN): The Naga Students’ Federation (NSF), Lotha Hoho and Nagaland Law Students' Federation (NLSF) today joined others in declaring their opposition to any proposal to implement a Uniform Civil Code (UCC) in India.
No place in Naga homeland: NSF
The NSF is of the univocal view that the UCC that is being proposed to be implemented by the Government of India (GoI) has no place in our Naga homeland whatsoever, a statement issued by its President, Kegwayhun Tep and General Secretary, Siipuni Ng Philo said.
The implementation will infringe upon our constitutional freedom to practice our Christian faith which is the dominant religion of the Nagas, the Federation stated while adding that the practice of indigenous religion by a small section of the Naga society is also at threat by the proposed imposition.
Moreover, the NSF stated that the UCC is violative of Article 25 of the Constitution of India providing for every religious group the right to manage its own affairs and Article 29 guaranteeing every group the right to conserve their distinct culture.
In Naga areas, it further pointed out that the existing customary laws have primacy over federal laws with respect to personal issues like marriage, divorce, adoption, land ownership, etc.
There is absolutely no space for the operation of UCC here and the constitutional safeguards of our customs and religious practices cannot be usurped under the pretext of implementing a uniform law, the NSF asserted. It expressed apprehension that the imposition of UCC will only annihilate the rich traditions, customs and practices of the Naga people.
The NSF further reminded at this crucial juncture of the Naga political journey with ongoing negotiations being held at the ‘Prime Ministers’ level to usher in a solution that is inclusive, honourable and acceptable, the imposition of UCC upon the Naga people will only undo everything so far achieved at the negotiating table.
To this end, the Federation appealed all concerned not to tinker with the universally applauded India’s image of being ‘unified amidst diversities’.
Code for India’s disintegration: Lotha Hoho
The Lotha Hoho (LH) termed the proposed UCC as the “code for the disintegration and subsequent downfall of India, the largest democracy of the world.”
In a representation to the 22nd LCI, it noted that India is one of the most diversified conglomerates, having no uniformity in any aspect such as race, language, social, religious, tradition, attire, food habits, geography, climate etc.
Hence, any attempt to introduce uniformity in any aspect is a blunder and can be the cause of India’s disintegration, stated the representation by LH Chairman, Er Mhondamo Ovung and General Secretary, S Abenthung Ngullie.
To buttress its argument, it pointed out that there are around 200 million Muslim population of India, more than that of Bangladesh and many other countries while the Christian population of 33 million is like that of Malaysia. Sikh population of 24 million is equal to that of Australia and then there are non Hindu populations of Buddhist, Jain etc.
Therefore, even to think of a UCC in India is “inhumane and a serious violation of Human Rights,” the LH stated.
Accordingly, the choice to either disintegrate or save India’s diversity is up to the LCI and policy makers, it maintained. However, if India’s policy makers choose to enact UCC, the LH urged for keeping Nagaland outside its purview.
Incongruous attempt on very fabric uniting India: NLSF
In its representation, the NLSF stated that India is a ‘nation of unity in diversity’ and said that the UCC “appears to be an incongruous attempt on the very fabric that unites us as a nation.”
“Framing any common law will naturally override the customs and traditional practices of the minority community which is the very essence of harmonious existence of any society,” a representation signed by the NLSF President T Tohuka Achumi and General Secretary N Lemchimong Thongleh to the 22nd LCI contended.
The Federation finds it unable to comprehend the rationality of the view that UCC will unite the country when leaving aside the vast majority of mainland Indian, the Nagas and North-East State have quite different customary and religious practices, it said.
The NLSF further noted that implementation of the UCC would be “direct attack on the Preamble of the Indian Constitution” as it cannot accommodate all the different religious and customary practices of diverse Indian Nation.
Even Article 1 of the Constitution of India clearly mentions that India is a “Union of States” and since time immemorial has been thriving on the spirit of unity in diversity, it said.
The NLSF also noted that UCC will be a direct attack on the fundamental rights guaranteed to the citizen of India via the wisdom of the founding members under the leadership of Dr BR Ambedkar.
The UCC will also create social unrest in India as it would be impossible to have a personal law and laws related to inheritance, adoption and succession in uniformity for a billion plus Indian with varied customs and traditions even within the same race, it added.
Hence, it will also be a direct threat to Article 38 under Directive Principle of State Policy where envisaging to ‘secure a social order for the promotion of the welfare of the people,’ the NLSF further maintained.
In the context of Nagaland, it highlighted how the State was formed out of political necessity.
“The non-obstante clause provision provided under Article 371 A proves it rightly that Nagas are a race of people (with) quite different... religious or social practices, customary law and procedures with many civil and criminal justice involving decision according to customary law, it stated.
“Therefore, we are apprehensive that UCC is a direct threat to Article 371 A, the special provision granted through the Constitutional Amendment,” it added.
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