Aim for uniformity in rights and opportunities rather than laws, says MK Stalin while opposing UCC

This was why the DMK-led state government opposed the code a day after the DMK, as a party, registered its opposition to the UCC.

பொது சிவில் சட்டத்தைச் செயல்படுத்துவதற்கான எந்தவொரு முயற்சியும் பழங்குடியினர் மற்றும் சிறுபான்மையினரின் தனித்துவமான மத, பண்பாட்டு அடையாளத்தை அழித்து, செயற்கையாக ஒரே மாதிரியான பெரும்பான்மைச் சமூகத்தை அமைப்பதற்கான முயற்சியாகவே அமையும். இது இந்தியாவின் பன்முகத்தன்மைக்கும்,… pic.twitter.com/hqhOZVYJEE

— M.K.Stalin (@mkstalin) July 13, 2023

Also read: IUML eschews Left vanguard against Uniform Civil Code

Cultural and religious pluralism

In his letter, Stalin stated that any changes in such personal laws could not be done without the consent of religious communities and considering the fact that practices and beliefs vary from place to place and region to region even among the people professing the same religion.

Thus, such consent was impossible without reaching a consensus among them, he wrote.

“Any hasty introduction of the UCC will not only result in a Constitutional breakdown but would also lead to communal disharmony and chaos in the country,” said the Tamil Nadu chief minister in his letter.

“Personal laws provide certain protection and rights to minority communities, and we consider any attempt to implement UCC is an effort to obliterate the unique religious/cultural identity of minorities including the tribals and create an artificially homogenous majoritarian society,” he added.

The UCC, by seeking to impose a uniform set of laws, disregarded this diversity and undermines the essence of our nation’s pluralistic fabric, said Stalin, adding: “It is crucial to respect and preserve the distinct traditions, practices, and personal laws of different communities including tribal communities.”

“Further, the UCC violates the freedom granted by the Constitution under Article 25, which provides every religious group the right to manage its own affairs. Article 29 gives the various religious groups the right to conserve their own distinct culture.”

He noted: “Any attempt to impose a uniform code may be perceived as an overreach by the state into religious matters, setting a worrisome precedent for future encroachments on personal liberties.”

Also read: Owaisi slams Modi over comments on Uniform Civil Code

Blow to federalism

Underlining the importance of the federal structure of the country, Stalin said it granted autonomy to states and respected their unique socio-cultural identities.

He stated that the UCC would infringe upon this principle by centralising personal laws and eroding the rights of states to govern their own affairs.

“Any reform in personal laws without the active participation and consent of the states will weaken the federal structure of the country. It is pertinent to note that uniformity in personal laws will not create a unified nation,” he noted.

Stalin also said that the UCC failed to acknowledge the historical aspect, and would be seen as an attempt to impose a standardised set of laws that may not be in sync with the values and beliefs of diverse religious groups.

He added that the UCC had the potential to create deep divisions and social unrest among different religious communities.

Also read: Progressive Muslim women in Kerala decry UCC

Minority rights and socioeconomic problems

Pointing to Article 29 of the Constitution, which protects the rights of minorities, and the Sixth Schedule of the Constitution, which ensures that the tribal areas of states preserve their customs and practices through district and regional councils, Stalin said that the UCC, by its very nature, had the potential to disproportionately affect such tribal communities and undermine their right to practice and preserve their traditional practices, customs, and identities.

Implementing a uniform code without considering the socioeconomic disparities that exist in our society could also have adverse consequences, he said.

Different communities have varying levels of development, education, and awareness, and a one-size-fits-all approach may exacerbate existing inequalities.

“Above all, our primary goal should be to foster harmonious coexistence among the diverse communities that form the fabric of our great nation. Instead of imposing a uniform code, let us focus on strengthening interfaith dialogues, promoting tolerance, and nurturing the spirit of unity in diversity that defines India.” Stalin said.