Uniform Civil Code will not encroach upon the Rights of Tribals

Why in News?

The Union Home Minister of India has stated at a tribal conclave in Delhi that the proposed Uniform Civil Code (UCC) would not affect tribal communities, their customs, traditions, or cultural practices. 

Addressing the “Janjati Sanskritik Samagam” organised during the 150th birth anniversary year celebrations of Birsa Munda, he clarified that tribal communities would be outside the ambit of UCC. 

The Uniform Civil Code: Constitutional Basis

• Article 44 of the Indian Constitution, placed under Part IV (Directive Principles of State Policy), directs that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” 
• As a Directive Principle, it is non-justiciable but is described as “fundamental in the governance of the country.”
• The UCC envisions replacing religion-specific personal laws (governing marriage, divorce, inheritance, adoption, and succession) with a single, uniform set of civil laws applicable to all citizens irrespective of religion, caste, or gender.
• Key facts: 
  • Goa is the only state that has maintained a uniform civil code since Portuguese colonial rule through the Portuguese Civil Code of 1867, making it the single pre-existing example in India.
  • In 2024, the Uttarakhand Legislative Assembly passed the Uniform Civil Code of Uttarakhand, 2024, making it the first state of independent India to enact a UCC (Goa’s code predates independence). The Act came into force in 2025.

The Uttarakhand UCC explicitly excludes Scheduled Tribes from its ambit, a recognition of the constitutional protections for tribal communities under the Fifth and Sixth Schedules. This tribal exemption has become the template that the ruling government has committed to replicating in any future state or in national UCC legislation.

Why are Tribal Communities concerned about the Uniform Civil Code (UCC)?

Several tribal communities across India have expressed concerns that a nationwide Uniform Civil Code (UCC) could weaken their distinct cultural identity, customary laws, and traditional governance systems. 

• Threat to Customary Laws: Tribal customary laws govern marriage, divorce, inheritance (particularly ancestral land), adoption, and forest and land use rights. E.g., the Khuntkatti system (communal land tenure of the Munda tribe) and the Chotanagpur Tenancy Act, 1908 (which prohibits transfer of tribal land to non-tribals). These customs are deeply linked to tribal identity and social organisation. A uniform legal framework may override such traditional practices.
• Impact on Traditional Governance Systems: Several tribal communities continue to rely on Village councils, Tribal elders, and community assemblies for dispute resolution and social regulation. E.g., Khasi, Garo, and Naga tribal institutions play an important role in local governance. Customary courts often resolve disputes through consensus. Tribal groups fear that a centrally framed civil code may reduce the authority of these institutions.
• Concerns over Inheritance and Family Systems: Many tribal societies follow unique inheritance patterns that differ from mainstream personal laws. E.g., Matrilineal Systems among tribes such as Khasi, Garo, and Jaintia. Property and lineage pass through the female line, often to the youngest daughter. A uniform inheritance law could potentially disturb these traditional family structures.
• Clan-Based Marriage Practices: Numerous tribal communities follow clan exogamy rules, kinship-based marriage restrictions, and community-approved marital customs. These practices are closely tied to tribal social cohesion and identity. There is apprehension that a standardised civil code may not adequately accommodate such diversity. 
• Protection of Community Land Ownership: In several tribal regions, especially in the Northeast and Scheduled Areas, Land is owned collectively by communities or clans. Customary laws regulate land transfer and usage. Tribal communities fear that uniform legal standards may indirectly weaken traditional land rights and community control over resources.

Constitutional Safeguards Available to Tribes:

The exemption of tribal communities from the UCC is not merely a political accommodation, but it rests on a firm constitutional architecture protecting tribal customary law.

• Fifth Schedule (Article 244(1)): Applies to 10 states, Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. It provides for:
  • Special administrative arrangements for Scheduled Areas; governed by a Tribes Advisory Council.
  • The Governor’s power to direct that an Act of Parliament or state legislature shall not apply to a Scheduled Area, or shall apply with modifications.
  • Protection against alienation of tribal land to non-tribals.
• Sixth Schedule (Article 244(2)): Applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram. It provides for Autonomous District Councils (ADCs) and Regional Councils with legislative, executive, judicial, and financial powers, including the authority to make laws on land, forests, agriculture, village administration, and customary law. The Sixth Schedule areas have far greater autonomy than Fifth Schedule areas.
• Special Articles: Articles 371A (Nagaland) and 371G (Mizoram) provide that no Act of Parliament shall apply to Nagaland or Mizoram in respect of religious or social practices, customary law and procedure, administration of civil and criminal justice involving decisions according to Naga/Mizo customary law, and ownership and transfer of land, unless the state legislature so decides.
• PESA Act, 1996: The Panchayats (Extension to Scheduled Areas) Act, 1996, enacted under the Fifth Schedule framework, recognises the authority of Gram Sabhas in Scheduled Areas to protect customary traditions, manage community resources, and administer customary law. Nearly 30 years after enactment, PESA remains unevenly implemented across the ten Fifth Schedule states.

Tribal exemption from the UCC is not a concession; it is a constitutional necessity, embedded in the Fifth and Sixth Schedules, PESA. However, the debate over the Uniform Civil Code reflects the broader constitutional tension between equality and diversity in India.