Shillong, July 04: The Hynniewtrep Youth Council (HYC) an organisation from Meghalaya has sent memorandum to the member secretary to the 22nd Law Commission of India to oppose the concept of having a Uniform Civil Code in India.
The organisation has sent this memorandum in response to the Public Notice issued on 15th June, 2023, The Hynniewtrep Youths’ Council- Central Executive Council, one of the active Social Organisation in the State of Meghalaya, would like to give our views and suggestions as follows:
In the memorandum the organisation remind the Commission that Meghalaya comprises of Khasi Hills, Jaintia Hills and Garo Hills. When India got its independence, the Khasi States signed the Instrument of Accession and Annexed agreement (IOA & AA) to merge with the Indian Dominion and through these agreements, Khasi and Jaintia Hills became territories of India.
As per the IOA & AA, the Indian Government has guaranteed to protect and preserve the unique customs and traditions of the Khasi-Jaintia and Hynniewtrep people within the territory of India.
Hence, it is duty bound on the part of the Government of India, the Government of Meghalaya and the Autonomous District Councils to continue to protect and preserve the unique traditions and customs of the Khasi-Jaintia and Hynniewtrep people as guaranteed in the IOA & AA.
That, the framers of the Indian Constitution upto a certain extent has respected the provisions of IOA & AA and the rights of the Khasi-Jaintia and Hynniewtrep people to protect their unique customs and traditions by incorporating within the Constitution the provisions to protect and preserve the unique customs and traditions of the Khasi-Jaintia and Hynniewtrep people by incorporating several provisions within the Constitution of India like Article 29, Article 244 and the Sixth Scheduled to the Constitution of India.
The Autonomous District Councils in Meghalaya under the Sixth Scheduled to the Constitution of India are mandated to make laws on marriage, divorce, inheritance and succession of property, social customs which include lineage, adoption, unique clan administration and other personal laws.
For more than 72 years of the existence of these ADCs in Meghalaya, upto a certain extent have done their duties to protect and preserve the unique customs and traditions of the Khasi-Jaintia and Hynnewtrep People on matter relating to personal laws. The indigenous people of the State still have the confident on these ADCs and they still want to govern themselves by customs and traditions on various personal laws.
The indigenous people of Meghalaya strongly opposed any move by the concern authority to dilute the customs and usage prevailing in these Hills since time immemorial. Hence, we can safely say that the indigenous people of Meghalaya are vehemently opposed to any concept of bringing in a Uniform Civil Code as the same will not only dilute but replace the very prevailing customs in the State.
The personal laws like marriage, divorce, inheritance, adoption, maintenance, guardianship, co-parenting, etc are also the powers of the State Government. The State of Meghalaya has already enacted various laws on marriage, inheritance, etc and these has been implemented and accepted by the people of the State. If the Parliament of India bring the Uniform Civil Code, it will violate the federal structure as envisaged in the Constitution which is uncalled for.
The HYC remind that India is a Nation with multi religion; the Constitution of India has guaranteed the protection of each and every religion and its unique norms. Meghalaya is a State where majority are Christian and there are also people who are practicing the traditional faiths alongwith other religions like Hindu, Muslims, etc.
The HYC is of the opinion that UCC will dilute the religious norms on matters like marriage, divorce, etc and we feel that it is the Constitutional duty of any Government to respect each and every Religion by allowing these religions to follow their own unique norms and not by replacing these norms with a uniform Civil Code.
That, we would like to humbly remind that India is a nation with multi customs, multi religions, multi languages and it is a Union of States. Even under the State there are several constitutional autonomous institutions like the District Councils. India is universally accepted as a Nation of Unity in Diversity.
The Indian Constitution promotes multi customs, multi religions and multi languages. Its is our view that policies like UCC will only create chaos and need to be rejected in toto. Further, the 21st Law Commission of India after proper study and analyses on reforms of Family Law in India has submitted its Report on August, 2018 and it has recommended that Uniform Civil Code is neither necessary nor desirable.
In the light of the above mentioned facts and circumstances, we would like to suggest this esteemed Commission to recommend to the Government of India, not to implement the Uniform Civil Code in Meghalaya as the same will dilute and replace the prevailing custom and usages, it will dilute the provisions under the Sixth Scheduled and the powers of the Autonomous Distrcit Councils, it will violate the Federal structures of India and also it will interferes into the religious affairs.
Further, we suggest that this esteemed Commission should recommend that the Government of India should help the Autonomous District Councils in Meghalaya by financially assisting them and other aid and guidance to codify and legislate the different personal laws. The pettion was sign by Mr. Robertjune Kharjahrin President HYC and Mr. Roy Kupar General Secretary HYC central body.
