First bring in UCC for all castes under Hindu religion, says TN Dalit leader

With the BJP citing that UCC was part of the aims of the Directive Principles of State Policy in the Constitution, and arguing that B R Ambedkar was all for it, Thirumavalavan said the late leader’s prime goal was establishing equality in society. “If the government has any respect for the prime architect of our Constitution, Dr Ambedkar, then it should bring a UCC for all castes of Hinduism, not for all religions of the country,” Thirumavalavan said.

He brought attention to the systemic discrimination existing under personal laws, particularly within Hinduism, and suggested measures towards eliminating such practices. He lauded the Tamil Nadu government’s recent initiative to appoint trained people from all castes as archakas in Hindu temples, suggesting that this should be replicated nationwide.

A UCC would also violate the fundamental rights guaranteed by the Constitution, Thirumavalavan added. “These rights include the freedom to practise and propagate one’s religion, as well as the protection of cultural and educational rights.”

The VCK leader specifically talked of the impact on tribal culture. “A UCC’s uniformity could potentially erode the cultural fabric and autonomy of tribal communities, further marginalising them,” he wrote.

Thirumavalavan also made a strong case for a separate personal law for Buddhists, who are included under the larger Hindu umbrella. He mentioned that the VCK had previously submitted a memorandum to the Social Justice Ministry demanding the same.

Thirumavalavan asked why, even as it talked about bringing in a UCC for gender equality, had the BJP-led Central government failed to pass laws such as women’s reservation Bill for their benefit. He also accused the government of several actions contradicting the Directive Principles of State Policy that it quotes, such as “favouring corporations at the expense of common citizens”, “neglecting the prohibition of intoxicating substances”, and “stripping away of workers’ rights” through labour codes.

According to Thirumavalavan, in its opinion to the government, the Law Commission should call for preserving personal laws while promoting progressive reforms as the key to social harmony and upholding the principles of justice.

Earlier, in its submission to the Law Commission, the DMK had urged it to heed the views expressed by the 21st Law Commission in a consultation paper in August 2018, advising against the implementation of a UCC. It had cited the diversity of India, and argued that a one-size-fits-all approach to personal law would undermine religious freedom and could potentially threaten peace and communal harmony.