Shillong, Feb 8: Uttarakhand has become the first State in India by passing the Uniform Civil Code (UCC). The UCC, which will now became an Act presents common law for marriage, divorce, inheritance of property, etc. It also has a special mention that the UCC will not be applicable to the Schedule Tribes (STs).
In Meghalaya, there are hue and cry over the proposed implementation of the Uniform Civil Code, going by the precedent set by Uttarakhand, it looks like that the STs in any part of the country will be kept away from the purview of the UCC.
However, it will be premature to predict anything.
Meghalaya is predominantly a tribal State and the concerns for the implementation of the UCC has been raised by different stakeholders. Chief Minister Conrad K. Sangma has refrained from making any statement as the content of the UCC was not available. However, as the UCC Uttarakhand Bill, 2024 is now in public domain, views may come out from different quarters.
The society at large had apprehension on the implementation of UCC across the country. However, if we have to consider that UCC Uttarakhand Bill as a precedent, there seems to be a good news for all ST majority State including Meghalaya.
Meghalaya has three major tribe, Khasi, Garo and Jaintia and several other minority tribes like Bodo-Kachari, Hajong, Koch, Mann and Rabha. The customs and practices of all the major and minority tribes differ from each other.
The three major tribe Khasi, Garo and Jaintia follow matrilineal system, however there practices and traditions are completely different from each other.
Now, what UCC Uttarakhand 2024 Bill states, that the STs like the Jaunsaris, Bhotiyas, Tharus, Buksas, Rajis, Jads and Banrawats which constitute 2.89 percent of the population in the State of Uttarakhand will be excluded.
Applicability of the Code to Scheduled Tribes – Nothing contained in this Code shall apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 342 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India.
For general usage, the UCC Bill refers to a common set of laws that are applicable to all Indian citizens, and is not based on religion in dealing with marriage, divorce, inheritance, and adoption, among other personal matters.
After getting a nod from the State Assembly, once the bill gets the Governor’s consent, Uttarakhand will become the first state after Independence to get a common law on marriage, divorce, land, property, and inheritance for all citizens, irrespective of their religion.
