DMK opposes UCC, says one-size-fits-all personal law undermines religious freedom, federalism
In submission to Law Commission, the party advocates amendments within personal laws to address social evils like polygamy, or exploration of non-religious personal laws.
The party also cautioned against the potential undermining of India's cultural plurality and federal structure, arguing that a UCC could encroach upon states' legislative competence. (Photo/Twitter/@CMOTamilnadu) The DMK has registered strong opposition against any proposal to implement a Uniform Civil Code (UCC), voicing concerns over constitutional validity and potential disruption of religious harmony.
In a detailed submission to the 22nd Law Commission of India, the DMK argued that the implementation of a UCC would amount to an “unjustifiable encroachment” into Articles 25 and 29 of the Constitution, which guarantee every citizen the right to freedom of religion and the protection of interests of minorities, respectively.
DMK general secretary Duraimurugan, who sent the submission, urged the Law Commission to heed the views expressed by the 21st Law Commission in a consultation paper in August 2018, advising against the implementation of a UCC. He also reminded the current Law Commission of the diversity in religious practices across India, arguing that not only would a one-size-fits-all approach to personal law undermine religious freedom, but also potentially threaten peace and communal harmony.
“Each religion has evolved its unique, distinct custom and tradition over centuries of practice, in keeping with their beliefs and religious texts. To upset them with brute force is nothing short of tyranny and oppression, and must not be committed by the State, which acts as parens patriae (parent to the nation),” the DMK statement reads.
The party also cautioned against the potential undermining of India’s cultural plurality and federal structure, arguing that a UCC could encroach upon states’ legislative competence, thereby infringing on principles of cooperative federalism. In addition to these broader constitutional and socio-political concerns, the party raised several specific objections against a UCC.
It pointed out the diversity within Hinduism itself, noting that Scheduled Tribes professing Hinduism have distinct customs, and are excluded from the ambit of the Hindu Succession Act, 1956. Given this diversity within Hinduism, the DMK questioned the possibility of enforcing a UCC across all religions. The party also warned about the eradication of the concept of the Hindu Undivided Family (HUF), which is unique to Hinduism and provides certain benefits. The party asked whether the Union government will obliterate all HUFs, which have contributed significantly to the tax revenue.
Duraimurugan argued that states are in a better position to assess and legislate personal laws to suit their people’s needs, given their proximity to grassroots realities. He asserted that undermining this power of the states is unconstitutional and against cooperative federalism.
The letter also points to the special protections accorded to tribal areas in Assam, Meghalaya, Tripura and Mizoram, regarding marriage, divorce and social customs, which cannot be invalidated by a UCC. Highlighting the harmonious coexistence of all religions in Tamil Nadu, the DMK leader cautioned that a UCC could disrupt peace and harmony among religious groups, causing conflicts that can lead to terrible violence.
The submission urged the Law Commission and the Union government to refrain from implementing a UCC, instead advocating for potential amendments within personal laws to address social evils like polygamy, or the exploration of non-religious personal laws for atheists or interfaith couples.
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