New Delhi: The Rights and Risks Analysis Group (RRAG) has submitted a statement to the Law Commission of India, expressing apprehensions about the implementation of a Uniform Civil Code (UCC) in the country.

The RRAG stated that there have been no significant changes since the Law Commission’s 2018 Consultation Paper, which concluded that a UCC was not necessary or desirable at the time.

The group cautioned that any contrary findings would raise concerns about the Law Commission’s integrity, independence, and impartiality.

According to Suhas Chakma, Director of RRAG, the implementation of a UCC would require constitutional amendments, potentially affecting the status of customs and usages in India’s territory, as well as the guarantees for customary laws in Nagaland and Mizoram.

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Chakma highlighted that Article 44 of the Indian Constitution, which addresses a Uniform Civil Code for citizens, falls under the Directive Principles of State Policy and cannot override the fundamental rights guaranteed under Article 13(3)(a) of the Constitution.

The RRAG’s submission added the need to consider the implications of granting exemptions to certain regions or communities.

Chakma questioned why the same exemptions should not be extended to tribal areas under the Fifth Schedule of the Constitution or other groups whose customs and usages are protected under Article 13(3)(a) of the Constitution.

Such exemptions, he argued, would suggest a departure from the government’s pursuit of uniformity.

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Furthermore, Chakma highlighted the evolving global perspective on diversity, pointing out the shift from an assimilationist approach to the celebration and preservation of diversities.

He referenced International Labour Organization (ILO) Convention No.169 of 1989, which replaced Convention No.107 of 1957, and India’s policies on Particularly Vulnerable Tribal Groups.

Numerous Supreme Court judgments were also cited, affirming the importance of respecting and preserving diversities within the country.