Why is MNF – A BJP Ally at the Centre – Opposing Uniform Civil Code in Mizoram?

Experts have dubbed the bid for a Uniform Civil Code impractical and unmindful of community-specific practices.

Why is MNF – A BJP Ally in the Centre – Opposing Uniform Civil Code in Mizoram?

(Illustration: The Quint)

The Uniform Civil Code (UCC), if enacted, "would disintegrate the country as it was an attempt to terminate the religious or social practices, customary laws, cultures and traditions of the religious minorities, including the Mizos.”

These were the words of Mizoram Home Minister Lalchamliana as he moved a resolution to unanimously oppose “any steps taken or proposed to be taken for enactment of UCC in India."

The resolution was passed by the Mizoram Assembly on Tuesday, 14 February.

The Uniform Civil Code has been part of the BJP’s manifesto since the party came to power. In December, the Rajya Sabha passed a private member’s bill, introduced by the Bharatiya Janata Party's Kirodi Lal Meena, on the implementation of Uniform Civil Code.

In this context the Mizoram Assembly’s resolution becomes interesting. While the Mizo National Front has alone formed the majority government in the state, the party is a part of the BJP-led National Democratic Alliance at the national level

So what does the UCC entail? And why is the Mizoram Assembly opposed to it? 

The Uniform Civil Code

A Uniform Civil Code, if enacted by the Union Parliament, would ensure that one “uniform” law will apply to the entire country on all marriage, divorce, adoption and succession related matters. This means, that it will replace personal laws that are tailored to the needs and customs of specific communities. 

However, experts have dubbed the bid for UCC impractical and unmindful of community-specific practices. 

They also point out that the Indian Constitution paves way for freedom of religion (Article 25:  Freedom of conscience and free profession, practice and propagation of religion). And a UCC can be violative of that right, by mandating everyone to neglect their own practices and toe the same line — which may be more comfortable for some than the others. 

Speaking to The Quint, Alok Prasanna, Senior Resident Fellow at the Vidhi Centre for Legal Policy said:

“A mandatory uniform civil code of the kind that the BJP keeps proposing is an extraordinarily senseless idea. This is something that despite being in power cumulatively for nearly 15 years they, themselves, do not have the slightest clue how to draft and enact. They just keep insisting that they will.”

“And to be fair, there’s already a non-mandatory uniform civil code. It is called the Special Marriage Act, the Indian Succession Act, the Guardians and Wards Act and all those other legislations relating to family law which are religion-neutral,” he added.

Read more about the Uniform Civil Code here.

But Why is MNF – a BJP Ally – Opposing UCC?

As per MNF politician, and Mizoram Home Minister Lalchamliana:

“The proposed law (introduced as a private member’s Bill by a BJP Rajya Sabha MP) is pending for enactment in parliament. The proposed law aims at imposing a uniform code in the country by marginalising or terminating the religious or social practices, customary laws, cultures and traditions of the minorities.”

Lalchamliana, according to The Wire also added that “although Mizoram has a special provision to protect its social or religious practices, customary laws and procedures under Article 371G, implementation of the UCC is not healthy for India as a whole.”

Thus, essentially, the reasons behind the resolution appear to be two-fold — but also deeply intertwined.

REASON 1: CUSTOMS AND SENTIMENTS OF THE LOCAL POPULATION IN MIZORAM

95% of Mizoram’s population hails from diverse tribal origins — as stated in the state government website. 

Thus naturally, their lives are governed by their own practices. And these practices, in turn are governed by personal laws such as the The Mizo Marriage, Divorce and Inheritance of Property Act. 

An attempt to draw these under the umbrella of a common law that will also be applicable in the rest of the country, can be perceived as a threat to their autonomous traditions and history.

One doesn’t have to look too far away to see what impact such a move can have.

In 2017, a decision by the state government in Nagaland (also a state with a large tribal population) to hold municipal elections with 33% reservation for women was met with widespread turmoil that had resulted in deaths and subsequently the resignation of then chief minister TR Zeliang. The turmoil reportedly emanated from the fact that the Naga groups had perceived the decision as an interference with their customary laws and the constitutional protections guaranteed to them.

In the aftermath of this, Shoaib Daniyal wrote in an article for The Scroll:

“While the uniform civil code debate in India is usually stereotyped as one that concerns Muslims alone, the events in Nagaland show just how widespread the resistance to a one-size-fits-all, top-down law really is.”

REASON 2: ARTICLE 371G OF THE CONSTITUTION OF INDIA

Article 371G of the Constitution guarantees special provision with respect to the State of Mizoram.

As per this, no Act of the Parliament pertaining to religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, and ownership and transfer of land, shall apply to the State of Mizoram, unless the State’s Legislative assembly decides to allow it.

But, Why the Resolution?

So, if a UCC, sans the legislative assembly’s nod, isn’t constitutionally permissible in the state of Mizoram, why the need for this resolution?

Noting that: “Very simply, the UCC passed by the Union Parliament will not be applicable in the state of Mizoram, unless a positive resolution is passed by the Mizoram assembly under Article 371-G to say this will apply to us…”

Prasanna told The Quint:

“They (people of Mizoram) haven’t asked for it, they worry that it will be forced down their throats and, they are also (through this resolution) pointing out that they are constitutionally protected from such a law applying to them without the consent of the legislative assembly.”

Prasanna clarified that: “This seems to be a preemptory move — them exercising the power granted to the assembly under the constitution.“

According to Prasanna, the members of Mizoram assembly also have indicated how disastrous an idea of the UCC will be.

“The UCC is seen only in context of Hindus and Muslims, but in Mizoram you have a lot of Christians, and you also have a lot of tribal customs (in terms of marriage, divorce, succession etc) that are followed. And the Mizo people are perfectly fine with it. They do not have any issue with it. So who is the central government to say this is one Uniform Law you have to follow?”

“Even under the Hindu law there are lots of exceptions for tribal communities,” he added.