Uttarakhand's UCC: Tribal population should have been included, says Constitutional Expert P.D.T. Achary

New Delhi: The expulsion of Tribal population from Uniform Civil Code (UCC) of Uttarakhand has received mixed reactions. During an interview with Lawstreet Journal, Constitutional Expert P.D.T. Achary said that the Tribal population should have been included in UCC.

Former Lok Sabha Secretary General PDT Achary said, Tribals are also part of the territory of India. They should have been included in UCC with some modifications or so after discussions with stakeholders. There is no logic for their expulsion.

In matters of laws, there should be uniformity as far as possible. Women should be given equal rights. I am in favour of UCC, Parliament should bring Uniform Civil Code but after proper discussion with stakeholders, PDT Achary added.

However, the tribal community of the State has welcomed the Pushkar Singh Dhami governments decision.

While speaking to media, a minority rights activist, Kamlesh Bhatt said, Tribal culture and traditions are incredibly diverse. It's imperative to preserve our heritage, and the govt's decision to exempt us from the UCC signifies respect for our way of life.

While some tribal community members may choose to integrate into the mainstream population, many of us still live in large family units, adhering to our cultural practice, he added.

Notably, Pushkar Singh Dhami government exempted the tribal communities from the purview of Uniform Civil Code. Tribals make up almost 2.9% of the state's population, and notable groups include the Jaunsari, Bhotiyas, Tharus, Rajis and Buksas.

Read more: https://lawstreet.co/legislative-corner/ucc-bill-tabled-in-uttarakhand-assembly-heres-all-you-need-to-know

What is the Uniform Civil Code?

This Uniform Civil Code (UCC) comes under Article 44 of the Indian constitution which refers to directive principles of state policy. The Directive Principles of State Policy (DPSP) states that the state shall undertake to offer a unified set of laws to its citizens within the Indian boundaries, regardless of their religion. It was seen as a desirable norm by Dr B.R. Ambedkar, the architect of the Constitution, though he felt the new republic was not ready for it at the time.
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Uttarakhand is now first state to get a common law on marriage, divorce, land, property and inheritance for all citizens, irrespective of their religion.

Although Goa is governed by a UCC (Portuguese Civil Code), the Assembly did not pass any law. The code was retained after its liberation in 1961.