DMK writes to Law Commission; strongly objects UCC
The DMK also quoted the debates of the Constituent Assembly extensively, mainly the statements of Dr B R Ambedkar to convince the Union on shelving the idea of enforcing the UCC.
CHENNAI: The ruling DMK on Wednesday registered its strong objection with the Law Commission of India to the proposed enactment of the Uniform Civil Code (UCC) by the union government on the premise that it 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.
In his letter addressed to the chairman and members of the 22nd Law Commission of India, DMK general secretary cum Tamil Nadu irrigation minister Duraimurugan said, "The UCC has widespread ramifications on the rights of citizens of all denominations and has potentially disastrous effect on the secular ethos, law and order, peace and tranquillity in the state and intrusion into the legislative powers conferred under the Constitution to states"
Implement 21St Commission recommendation on amending personal laws:
"The DMK party strongly opposes the imposition of any UCC by the union government that wipes away the personal laws of each religion in personal matters like religion, adoption and succession, " Duraimurugan informed the Law Commission, adding that such a UCC was an antithesis to the 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.
Recalling the proposals in the August 31, 2018 dated consultation paper of the 21st Law Commission of India that the UCC was "neither necessary nor desirable", Duraimurugan said that if the intention of the union government was to grant equal rights to disadvantaged groups such as women and children, there could always be amendment to respective personal laws to grant equal rights and achieve equality enshrined under Article 14 of the Constitution. He requested the 22nd Law Commission to accept the views of the 21st commission on UCC.
Need Uniform Caste Code before UCC:
Suggesting that the Union should follow the Dravidian model of self-respect marriages introduced by Arignar Anna and temple priests of all castes introduced by Chief Minister M K Stalin, the DMK general secretary pointed to the demographic composition of the state, mainly Hindus accounting for 87% and Muslims and Christians accounting for 6% and 7% of the state population respectively, and said, "Before UCC for all religions, we need a uniform caste code to eliminate caste discrimination and atrocities. Introduction of a divisive law like the UCC for political gains will disturb the peace, tranquillity and harmony between religious groups in TN and therefore is not desirable in public interest."
UCC will harm Hindu cultures, customs, STs
Arguing that the UCC harms Hindu cultures, custom and Hindu scheduled tribes, Duraimurugan said, "Even within Hindus, it is impossible to have one common set of laws applicable to all sects, sub-sects of Hinduism. The Hindu Succession Act, 1956, in Section 2 (2) provides that the Hindu Succession Act will not apply to Schedule Tribes who profess Hinduism. In such a scenario, it begs the question that when UCC cannot be uniform even among practitioners of Hindu religion, how can it be implemented across the board to all religions." The DMK also quoted the debates of the Constituent Assembly extensively, mainly the statements of Dr B R Ambedkar to convince the Union on shelving the idea of enforcing the UCC.