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Enforce Uniform Civil Code among castes, not in the country: DMK to Law Commission

DMK general secretary Duraimurugan said the UCC was an "antithesis to the right of freedom of practising and propagating one's religion".

ByVinodh Arulappan

Published Jul 13, 2023 | 2:23 AM ⚊UpdatedJul 13, 2023 | 5:29 AM

Enforce Uniform Civil Code among castes, not in the country: DMK to Law Commission

Before the Uniform Civil Code for all religions, we need a uniform caste code to eliminate caste discrimination and atrocities, DMK said in its Letter to Law Commission (Creative Commons)

DMK general secretary Duraimurugan, on Wednesday, 12 July, wrote to the 22nd Law Commission chairperson and members on behalf of the party, objecting to the proposed enactment of the Uniform Civil Code (UCC) by the Union government.

He said the move was an “antithesis to the right of freedom of practising and propagating one’s religion under Article 25 and rights given to minorities under Article 29 of the Constitution of India”.

Duraimurugan, in the letter, also stated that the Uniform Civil Code would have widespread ramifications on the rights of citizens of all denominations.

He added that it could potentially have disastrous effects on the secular ethos, law and order, and peace and tranquillity in Tamil Nadu, besides intrusion into the legislative powers conferred by the Constitution to states.

Also read: KCR says BRS will oppose Uniform Civil Code in Parliament

‘Uniform Caste Code’

“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, which acts as parens patriae,” the DMK general secretary said.

He underlined the Hindu Succession Act of 1956, whose Section 2(2) states that the Act would not apply to Scheduled Tribes (ST).

Duraimurugan also pointed out that the UCC would harm Hindu culture and customs, and that Scheduled Tribes that professed to follow Hinduism had different customs and traditions that were not in keeping with other Hindus.

“In such a scenario, it begs the question that when UCC cannot be uniform even among practitioners of the Hindu religion, how can it be implemented across the board to all religions?” he asked.

“Before the Uniform Civil Code for all religions, we need a uniform caste code to eliminate caste discrimination and atrocities,” Duraimurugan said.

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

‘Will affect peace in Tamil Nadu’

He pointed out that the 2011 Census data showed that the 7.21 crore population of Tamil Nadu was 87 percent Hindu, 7 percent Christian, and 6 percent Muslim.

Duraimurgan then said: “The introduction of a divisive law like the UCC for political gains will disturb the peace, tranquillity, and harmony between the religious groups in Tamil Nadu and therefore is not desirable in the interest of the public”

Reiterating that the UCC was unconstitutional, Duraimurugan said that personal laws would be completely wiped out or eclipsed by the code, and it was an unjustifiable encroachment on Articles 25 and 29, and an intrusion into the citizens’ right to practise any religion.

The DMK also put forth that to prevent social evils such as polygamy, the states or the Union government can legislate necessary amendments within personal laws and need not do away with personal laws altogether.

Duraimurugan said the DMK would vehemently oppose the idea of a Uniform Civil Code.