Rajasthan Set To Table Uniform Code Bill, Could Be Turning Point For Tribal Identity

Rajasthan is set to table the Uniform Civil Code (UCC) bill in the state assembly, becoming the latest BJP-ruled state to attempt to bring big-ticket changes to laws governing marriages, divorces, inheritance and other such civil matters.

The Bhajan Lal government's decision to keep tribal communities outside the ambit of the civil code law has triggered a new debate, especially in south Rajasthan.

Lok Sabha MP from Udaipur, Manna Lal Rawat, had written to the chief minister in July asking that tribals be exempted from the UCC in Rajasthan. However, the MP from Udaipur did not seek exemption for tribals who have converted to Christianity or any other religion.

But other tribal organisations led by the Bhartiya Adivasi Party (BAP) argue that tribal communities have their own traditional and community-based systems that cannot be pushed under the framework of a single uniform law.

Also read: Explained: The BJP's Push For Uniform Civil Code Over The Years

Amid this debate, the issue is now becoming a narrative not just about the UCC but also about tribal identity and the changing political landscape of southern Rajasthan.

"The reason for keeping tribal communities outside the UCC is that tribal people are an integral part of the larger Hindu society, and they also live largely in rural areas. But their customary practices are very important. Article 13 of the Constitution recognises customary practices, and this should be given due consideration in the UCC as well. There are three main issues: matters related to marriage, matters linked to divorce, matters related to inheritance, and the resolution of disputes among communities. Because of these customary practices, the issue of keeping tribal communities outside the law has arisen," Rawat said.

The tribal community argues that its customs and traditions are different, particularly when it comes to marriage and divorce. Therefore, they believe they should be kept outside the UCC ambit completely.

The Bhartiya Adivasi Party alleges that even while keeping tribal communities outside the UCC, the government is sowing divisions within the tribals.

Also read: "Where Is Uniformity?" Assam Islamic Body Opposes Uniform Civil Code Bill

The party claims that tribal people who identify themselves as Hindu in official records will be kept outside the UCC, while those who changed their religion or whose religious identity is recorded as nature worshipers, ancestor worshipers, or Aadi Dharma followers could come under its scope.

"The tribal community will be kept outside the UCC, but a controversy is being created in Rajasthan. Political polarisation is taking place. Tribal people who have identified themselves as Hindu in Rajasthan's official records will be kept outside the UCC, but those who follow nature worship, worship their ancestors, and have Aadi Dharma recorded as their religion could be brought under the UCC. The tribal community is simple and innocent. We want the community to preserve its ancestral system. They are trying to create a division within the tribal community. BJP leaders call themselves 'Vanvasi', but we want to preserve our ancestral system. Our Aadi Dharma should be recognised. This is a new trend with the UCC. The rights of the tribal community are being taken away. We say that tribal people do not have a religion in the conventional sense; they have their own system of worship," said Banswara MP Rajkumar Roat.

Why The Debate Matters Electorally

The electoral numbers underline why this debate matters politically. In the 2023 Rajasthan Assembly elections, the Bharat Adivasi Party won three seats. In the 2024 Lok Sabha elections, BAP's Rajkumar Roat defeated BJP's Mahendrajeet Singh Malviya in the Banswara constituency by a margin of around 247,000 votes.

Hence, for the BJP and Congress, the challenge is to bring this emerging tribal politics into their political calculations and the UCC Bill.

(With inputs from Vipin Solanki and Pravesh Jain)