SHILLONG:
The Hynniewtrep Youth Council (HYC) has written to the Law Commission of India opposing the Uniform Civil Code (UCC).
In the letter addressed to the Member-secretary of the Law Commission of India, the HYC stated that India is a nation with multi customs, multi religions, multi languages and it is a Union of States and even under the state there are several constitutional autonomous institutions like the District Councils.
“India is universally accepted as a nation of unity in diversity. The Indian Constitution promotes multi customs, multi religions and multi languages. Its is our view that policies like UCC will only create chaos and need to be rejected in toto,” the HYC stated.
Further, the pressure group also reminded that the 21st Law Commission of India after proper study and analyses on reforms of Family Law in India has submitted its Report on August, 2018 and it has recommended that Uniform Civil Code is neither necessary nor desirable.
The HYC has asked the Commission to recommend to the government of India not to implement the uniform civil code in Meghalaya as the same will dilute and replace the prevailing custom and usages.
“It will dilute the provisions under the Sixth Scheduled and the powers of the Autonomous District Councils, it will violate the Federal structures of India and also it will interfere into the religious affairs,” the group said.
Further, the HYC suggested the Commission should recommend that the government of India should help the Autonomous District Councils in Meghalaya by financially assisting them and other aid and guidance to codify and legislate the different personal laws.
According to the HYC, the framers of the Indian Constitution upto a certain extent has respected the provisions of Instrument of Accession & Annexed Agreement and the rights of the Khasi-Jaintia/Hynniewtrep people to protect their unique customs and traditions by incorporating within the Constitution the provisions to protect and preserve the unique customs and traditions of the indigenous people by incorporating several provisions within the Constitution of India like Article 29, Article 244 and the Sixth Scheduled to the Constitution of India.
The HYC said that the indigenous people of the state still have the confidence in these Autonomous District Councils and they still want to govern themselves by customs and traditions on various personal laws.
It stated that the indigenous people of Meghalaya strongly opposed any move by the concerned authority to dilute the customs and usage prevailing in these hills since time immemorial.
“Hence, we can safely say that the indigenous people of Meghalaya are vehemently opposed to any concept of bringing in a Uniform Civil Code as the same will not only dilute but replace the very prevailing customs in the state,” the HYC stated.
According to them the personal laws like marriage, divorce, inheritance, adoption, maintenance, guardianship, co-parenting, are also the powers of the state Government.
The pressure group said that the state of Meghalaya has already enacted various laws on marriage, inheritance and these have been implemented and accepted by the people of the state.
“If the Parliament of India brings the Uniform Civil Code, it will violate the federal structure as envisaged in the Constitution which is uncalled for,” it added.
The HYC stated that Meghalaya is a Christian majority state and there are also people who are practicing the traditional faiths along with other religions like Hindu, Muslims.
The group said that it is of opinion that UCC will dilute the religious norms on matters like marriage, divorce.