The DMK has strongly opposed the proposal to enact the Uniform Civil Code (UCC) by the Union government, contending that such a code was an antithesis to the right to freedom of practising and propagating one’s religion, under Article 25 of the Constitution and the rights given to minorities under Article 29.
In a letter to the Chairperson and members of the 22nd Law Commission of India, DMK general secretary Duraimurugan said the UCC would wipe away the personal laws of each religion in personal matters like religion, adoption and succession. He contended that the UCC had widespread ramifications on the rights of citizens of all denominations and would have a “potentially disastrous effect” on the secular ethos, law and order, peace and tranquility in the State and would intrude into the legislative powers conferred to States under the Constitution.
The DMK leader further requested the 22nd Law Commission to accept the views expressed by the 21st Law Commission in the consultation paper dated August 31, 2018 and to recommend to the Union government not to implement the UCC.
“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,” the DMK said.
Underlining the unconstitutionality of the UCC, Mr. Duraimurugan argued that personal laws would be completely wiped out or eclipsed by the UCC, and this was an unjustifiable encroachment into Articles 25 & 29 and an intrusion into the citizens’ right to practice religion.
Pointing out that Tamil Nadu has a population of over 7.21 crore, as per 2011 Census data, which included 87% Hindus, 7% Christians and 6% Muslims, Mr. Duraimurugan said: “The introduction of a divisive law like the UCC for political gains will disturb the peace, tranquility, and harmony between the religious groups in Tamil Nadu and therefore is not desirable in the interest of the public.”
Non-religious personal laws
The DMK also suggested that non-religious personal laws could be made available for atheists/inter-faith couples, who wished to be bound by such laws and went on to point out that such an option was available in the form of the Special Marriages Act, 1954. “In order to prevent social evils like polygamy, the State or Union can legislate necessary amendments within personal laws and need not do away with personal laws altogether,” he said.
Contending that the UCC would harm Hindu cultures, customs and Hindu Scheduled Tribes, the DMK pointed out that members of tribal communities, who professed to follow Hinduism had different customs and traditions that were not in keeping with other Hindus. “The Hindu Succession Act, 1956, in Section 2(2) provides that the Hindu Succession Act will not apply to Schedule Tribes who profess Hinduism,” he said.
The concept of a Hindu Undivided Family exists only in Hinduism and HUFs provided several benefits in the administration of properties and are even recognised by taxation laws, he pointed out and further contended: “A UCC will wipe out the concept of HUFs.”
“Before the Uniform Civil Code for all religions, we need a uniform caste code to eliminate caste discrimination and atrocities,” Mr. Duraimurugan said.
