Nagaland Assembly adopts resolution to exempt the state from UCC

The Nagaland Assembly today unanimously adopted a resolution urging that the state be completely exempted from the purview of the proposed Uniform Civil Code (UCC).

The decision came after the 59 legislators held a series of discussions on the second day of the monsoon session of the 14th Nagaland legislative Assembly. The resolution was moved by Chief Minister Neiphiu Rio.

When the matter was taken up for discussion, all the political parties and independent legislators participated and endorsed for passing a resolution to exempt Nagaland from the purview of UCC.

According to the resolution, the apparent objective of the UCC, which is to have a single law on personal matters like marriage and divorce, child custody and guardianship, adoption and maintenance, succession and inheritance, shall pose a threat to the Naga customary laws, social practices, and religious practices, which will be in danger of encroachment in the event of imposition of the UCC.

The resolution also stated that the State government, through a Cabinet decision, had earlier submitted its opinions to the 22nd Law Commission on 4 July 2023, conveying its opposition to UCC.

The government opposed UCC on the grounds of the unique history of Nagaland since the pre-independent British era, the assurance of non-interference policy starting from pre-independence times and continued by the Government of India in the Social & Religious Practices and Customary Laws of the people, and the constitutional guarantees given under Article 371 A, and strongly urging that Nagaland be completely exempted from purview of UCC.

“And whereas in the consultative meeting with various stakeholders on the subject of UCC etc organised by the state government on 1st of September, 2023, the representative of the various Tribal Hohos/Organisations have expressed their strong resentment and objection to the idea of having a Uniform Civil Code,” the resolution read.

Further, the resolution stated that Article 371 (A) of the Constitution of India states: “Notwithstanding anything in this Constitution, no Act of Parliament in respect of the religious or social practices of the Nagas, Naga customary law and procedures and administration of civil and criminal justice involving decisions according to Naga customary laws, and ownership and transfer of land and its resources shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides”.

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