Chhattisgarh tribal leaders warn against rushing into UCC, say hold talks first

A UCC is also set to face opposition in Chhattisgarh from the Janta Congress Chhattisgarh-Jogi (JCC-J), which draws its support from tribals.

Addressing a press conference in Raipur Tuesday, Netam said: “All communities will be affected by a UCC. India is known for its diversity. The government of India should not rush into a UCC in tribal areas.”

Netam said the Chhattisgarh Sarva Adivasi Samaj would send a memorandum on the issue to President Droupadi Murmu, who is the first head of state of the country belonging to the tribal community.

“Tribals do not have a codified law. We have customary laws which are well-accepted within our community. It’s not that we do not want change… with time, customary laws change too. But we first want the Indian government to understand the tribal system and build confidence among them. Without consultation and dialogue, a UCC is impractical,” Netam, who was a minister at the Centre under Prime Minister Indira Gandhi, said.

The customary laws of tribal communities are accepted under Article 13(3)(a) of the Constitution. The tribals also enjoy special rights to land and property under the Fifth and Sixth Schedule of the Constitution and the Panchayat (Extension to Scheduled Areas) Act, Netam said.

“For example, marriage, divorce, land rights, religious customs and several other community rules followed by the tribals will be unlawful if a UCC is implemented… I would say us tribals have the most advanced law when it comes to marriage. A tribal woman has a lot of liberty… She can walk out the day after getting married, she can get a divorce and marry multiple times,” Netam said.

On the argument of a UCC ensuring gender equality, Netam accepted that tribal women do not have a share in ancestral property but claimed that this meant conversely that the community does not see issues such as dowry. “We have heard of cases where tribals who have converted to Hinduism face the problem of dowry… But among tribals, the woman has no property to offer, so the question of dowry does not arise.”

Amit Jogi, who heads the JCC-J since the death of his father Ajit Jogi, the first Chief Minister of Chhattisgarh, said he was in agreement with Netam on the matter. “Babasaheb (Ambedkar) could have put UCC in fundamental rights (of the Constitution), but he decided consciously to put it in the Directive Principles of State Policy because he believed that unless and until there is unanimity among all people, there cannot be a UCC. In Chhattisgarh, what is required are dialogue and discussion with the tribals,” Amit Jogi said.

He added that the Narendra Modi government should not misuse its numbers. “Just because Mr Modi has a majority in the Lok Sabha, it does not mean they can push through anything, like they did with the farm laws.”

The talk that a UCC, which is a core ideological issue for the BJP, would be brought in has gained momentum after the Law Commission last month invited opinion on the matter. Soon after, Modi pushed for a UCC as needed for the country.

Congress leader Sushil Shukla said UCC was nothing but “a propoganda of the BJP”. “They do this around elections. Modiji has no achievements to talk about in his nine-year rule. The Constitution has given special provisions to tribals, the Central government must first clarify on that. How will they safeguard their special rights?” Shukla said.

Vinod Nagvanshi, the state general secretary of the Chhattisgarh Sarva Adivasi Samaj, said: “Today, the tribals are known for their poverty. Why not bring equality first in income and education? Our children go to schools where teachers are not there and other children from good families go abroad to study. First bring some equality on these issues.”