CNTC Urges 22nd Law Commission To Uphold Idea Of India Based On Unity In Diversity

In a letter to the Law Commission of India in regards to Uniform Civil Code, the Central Nagaland Tribes Council (CNTC) president, Khondao Ngully and general secretary, Capt GK Zhimomi stated that the constitutional safeguards provided to Nagaland is the umbilical cord that connects Nagaland with the Indian Union and any law that can override these constitutional safeguards would sever the connection that has been painstakingly developed over the past six decades on the blood, sweat, tears and sacrifices of the people to protect their identity and way of life.

“The Constitution of India recognizes diversity and plurality among the people of India and therefore, Uniform Civil Code in its present form is against the idea of India”, the CNTC which comprises of Ao, Loth and Sumi tribes, stated.

Highlighting the provisions of Article 371 (A) of the Constitution of India, the CNTC stated Nagaland occupies a unique position among the States of the Indian Union by virtue of being the only State that was borne out of political agreement known as “16 Point Agreement” signed between the Government of India Representatives and the Naga People’s Convention (NPC) on July 26, 1960.

It further stated that when the 21st Law Commission was referred by Ministry of Law and Justice on June 17, 2016 to ‘examine matters in relation to Uniform Civil Code,’ it had brought out a ‘Consultation Paper on Reform of Family Law’ on August 31, 2018, wherein as per Para 1.26, it has stated that, “Article 371A contemplates a different treatment to the part of Nagaland in view of the difference between the needs of the social conditions in Nagaland and the various stages of development in different parts of the country.”

The CNTC mentioned that the 21st Law Commission while examining matters in relation to UCC received substantial response from stakeholders and had finally summed up its report in 2018 by terming Uniform Civil Code as undesirable and unnecessary.

It recommended that rather than enacting UCC, family laws of every religion must be reformed to make them gender-just based on uniformity of rights rather than laws. “Unfortunately, the Union Government is yet to take any action on recommendations made by 21st Law Commission for the past five years”, the CNTC said.

The Council further stated that Nagaland as a tribal State despite unresolved Indo-Naga political issue has so far managed to progress under the Indian Union owing to the diverse and vibrant nature of the country.

“Different tribes in Nagaland have their own customs, culture and traditions that have been practiced for centuries bounded by personal laws without any conflict with one another. Imposing untested laws alien to the tribal communities will have severe repercussions. Of late, the pitch for ‘uniformity and conformity’ is creating deep insecurity, particularly among the ethnic, cultural groups."

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