SHIMLA: The All India Tribes and Minorities Front (AITMF) have opposed the enforcement of the uniform civil code.
The uniform civil code has stirred a home’s nest and has kicked off a contentious issue of a very sensitive natures The directive of the apex court to enforce a uniform civil code is widely perceived by the tribal and minority people as tyranny by the majority community and an outright interference with their personal laws and established customs.
Furthermore, the verdict has opened a Pandora’s box because the enactment of the uniform civil code will necessitate amendments in the existing Hindu Marriage and Divorce Act, 1955, Hindu Succession Act, 1956, Hindu Adoption and Maintenance Act, 1956, and the Hindu Minority and Guardianship Act, 1956, since these acts cannot be construed as ‘uniform? In their applications to all other communities.
The Front said that the directive of the Supreme Court to the Union Government enjoining to enforce Article 44 of the Constitution has caused wide spread fear, a palpable sense of insecurity and sociopolitical ripples amongst the tribal and minority communities who have their age old systems of marriage, divorce and inheritance of property as enshrined in their personal laws,
Therefore to ensure national unity and sociopolitical order and harmonious functions in the society, Article 44 of the Constitution on uniform civil code, under Directive Principles of State Policy, be amended on the analogy of Article 30 of the Constitution be enforced through court, Now the apex court has directed the Government to enforce it and submit the affidavits with regard to its implementation by August. 1995.
Negi said that there are eight forms of marriage in the tribal societies besides many forms of divorce, while have social sanction in their society, He said that statutory provisions cannot be enforced on a marriage or divorce which has social sanction.
Article extracted from this publication >> June 23, 1995
