The DMK said the UCC has widespread ramifications on the rights of citizens of all denominations. (File)
The DMK today said it has submitted its representation against the Uniform Civil Code (UCC) to the Law Commission, urging it to recommend to the Centre to not implement the proposed code.
The UCC is divisive and would disturb peace and harmony, the party, which is led by Tamil Nadu Chief Minister MK Stalin, said in its submission to the law panel.
In its strong argument against the UCC, the DMK relied on Dr B R Ambedkar's assurance, Constitutional provisions, the Constituent Assembly debates, the State's rights to legislate on the subject, minority rights, distinctive customs of Scheduled Tribes, the concept of Hindu Undivided Family, and the 'need' for a uniform caste code to eliminate caste discrimination.
While India's beauty has always been in its diversity, the introduction of a 'divisive' law like the UCC for 'political gains' would disturb peace, tranquility, and harmony between the religious groups in Tamil Nadu and therefore is not desirable in the interest of the public, the DMK told the law panel.
Conflicts between ethnic or religious groups can lead to terrible violence like in Manipur, which the union and state governments have been 'unable to control', the party said in its submission.
The party said one law for the lion and ox is oppression. 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, it said.
The UCC has widespread ramifications on the rights of citizens of all denominations and has a potentially 'disastrous' effect on the secular ethos, law and order, peace and tranquility in the State and intrusion into the legislative powers of States, the party's submission said.
On marriage and divorce, both the Union and the States have concurrent power and taking away the power of States to enact laws was unconstitutional and against the principles of cooperative federalism, the party said.
Strongly opposing the UCC based on its possible impact on personal laws in matters like religion, adoption and succession, the party said, "Such a Uniform Civil Code is an anti-thesis to the right of freedom of practising and propagating one's religion under Article 25 of the Constitution of India and the rights given to minorities under Article 29."
Extensively quoting from Constituent Assembly (CA) debates on UCC and the Constitution's Article 44 on the subject, the DMK said on marriage and succession, which are 'part' of religious tenets, even the members of the CA had voiced concerns.
Based on Dr B R Ambedkar's assurance, the draft Article 35 (present Article 44) was passed by the CA. Ambedkar had urged caution while dealing with the UCC and wanted the Parliament to first apply it to those who voluntarily seek to be bound by the UCC.
Contrary to the assurance, the Union government was attempting to force the UCC on unwilling minorities, to 'whitewash' their special identities, the party said, adding it is a well settled law that provisions in the directive principles of state policy cannot override or nullify fundamental rights.
The DMK pointed to Constitutional protection to the culture of minorities under (Article 29(1), fundamental rights) and said if the intention of the Centre is to grant equal rights to disadvantaged groups such as women and children, there can always be amendment to respective personal laws.
"There is no distinct, clear or apparent purpose to imposing a UCC in personal laws, other than to eliminate the uniqueness of the minorities - not only the minority religions but also the minority sub-sects within the majority religions. For example, the members of the Scheduled Tribes who profess Hinduism have distinct traditions and customs pertaining to marriage, divorce and succession. These tribes cannot suddenly be mandated by law to forego centuries of tradition and custom to abide by a UCC, which would be alien to them," the party said.
The Hindu Succession Act (HSA), 1956, in Section 2(2) provides that the Act is not applicable to Schedule Tribes who profess Hinduism. Despite an order by the Supreme Court and Madras High Court, the HSA has not been extended to Scheduled Tribes by the Union government, it said.
The submission stated, "In such a scenario, it begs the question when UCC cannot be uniform even amongst practitioners of Hindu religion, how can it be implemented across the board to other religions? The concept of a Hindu Undivided Family exists only in Hinduism, which provide several benefits in administration of properties and is recognised by taxation laws. No other religion has the benefit of organising an entire joint family as one assessee."
"A UCC will wipe out the concept of HUFs. As per data made available by the Income Tax Department, for AY 2018-19, a total of 11,30,554 HUFs filed returns and paid a sum of Rs. 50,893 Crores as taxes. Is the Union government going to wipe out these HUFs in one stroke? Will that be prudent or reasonable," the party asked.
For atheists or inter-faith couples or those who want to get married under non-religious personal laws, the option is available in the form of Special Marriages Act, 1954. For adoption and succession matters, the DMK cited the Juvenile Justice (Care And Protection of Child) Act, 2015 and the Indian Succession Act, 1925.
Underlining the DMK government's model of securing rights without 'wiping out' customary practice altogether, the party, among other aspects, referred to the appointment of priests in temples from all castes.
"In fact one of the most celebrated policy of any State to promote social justice is the recent decision of the Tamil Nadu government under our President M K Stalin, Chief Minister, to induct trained priests from all castes as "Archakars" or temple priests to shatter the caste hegemony and inhuman doctrine that only those born in a certain caste are worthy of serving God. These kind of social reforms are required in cases where there is oppression. But not in cases where the custom is not harming anybody," the submission stated.
The DMK suggested that the Union government should follow the Dravidian model of self-respect marriages and appointing priests from all castes in temples. "Before uniform civil code for all religions, we need a uniform caste code, to eliminate caste discrimination and atrocities," the party said.
The BJP's 'obsession' with one nation, one language and one culture,' is now spilling over into one civil code, the DMK said.
The 21st Law Commission had said the UCC is 'neither necessary nor desirable,' the party underscored and urged the 22nd Law Commission to recommend to the Union government to not implement the UCC.
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