Chennai, July 15, 2023 (PPI-OT):M.H. Jawahirullah, the president of Tamilnadu Muslim Munnetra Kazhagam, a mass-based advocacy organization in the Indian state of Tamil Nadu, has expressed his concerns over Uniform Civil Code (UCC). M.H. Jawahirullah, who is also a member of the Legislative Assembly of Tamil Nadu has also emphasized on the importance of preserving cultural diversity, religious freedom, and the unique customs of different communities in India.
In a statement, M.H. Jawahirullah raised several key points on behalf of Tamil Nadu Muslim Munnetra Kazhagam. Jawahirullah points out that the 21st Law Commission of India spent two years hearing stakeholders and conducting consultations before publishing a Consultation Paper on the Uniform Civil Code on August 31, 2018. Therefore, the need to reopen public consultation by the 22nd Law Commission in 2023, just five years later, seems unnecessary.
He said, the Consultation Paper of the 21st Law Commission, published in 2018, expressed the view that the Uniform Civil Code is not preferable. It recognized the importance of preserving cultural diversity and avoiding the discouragement of individuals from utilizing the law by implementing a uniform code. Jawahirullah highlighted that the UCC, if enforced uniformly, would infringe upon the freedom of religion guaranteed by Article 25 of the Indian Constitution, not only for minorities but also for the majority religion. He stresses that India’s secularism is at risk, as the UCC may wipe away the unique traditions and cultures of minorities, which goes against the basic structure of the Constitution.
The statement drew attention to the fact that marriage holds religious significance for various communities. For example, in Christianity, marriage is considered a sacrament and must be consecrated by an ordained priest according to specific practices. The UCC’s provision for marriages to be registered before a civil authority is seen as denigrating and desecrating this holy sacrament.
Jawahirullah highlighted the diversity within Hinduism itself and the lack of uniformity among Hindu laws and concessions given to Hindus under personal laws. He mentions tribal groups, such as the Rashtriya Adivasi Ekta Parishad, which sought protection for their traditions and practices through the Supreme Court. Customary practices of various communities, including tribal groups, may face challenges under a Uniform Civil Code. He said, the imposition of a Uniform Civil Code throughout the country raises concerns about the federal structure of the Constitution. Matters such as marriage, divorce, inheritance, and property rights fall under the Concurrent List, allowing both the central and state governments to legislate on these subjects. The central imposition of the UCC may infringe upon the legislative powers of the states and go against the spirit of federalism.
Jawahirullah said, the Tamil Nadu Muslim Munnetra Kazhagam firmly opposes the implementation of a Uniform Civil Code, emphasizing the need to protect cultural diversity, religious freedom, and the rights of various communities. The organization urges policymakers to consider the negative impact a uniform code could have on a diverse society and to preserve the unique traditions and practices that define India’s multicultural fabric, he added.
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