Nagaland Assembly passes resolution for ‘exemption’ from Uniform Civil Code

KOHIMA — The Nagaland Legislative Assembly (NLA) on Tuesday unanimously adopted a resolution to completely exempt the state from the purview of the proposed Uniform Civil Code (UCC), a day after the legislators deliberated at length on the consequences of its implementation.

Chief Minister Neiphiu Rio moved the resolution on the second day of the ongoing monsoon session, following which the House unanimously resolved for exemption from the proposed enactment of UCC in its application to the State of Nagaland by voice vote.

“The apparent objective of the UCC is to have a single law on personal matters, such as marriage and divorce, custody and guardianship, adoption and maintenance, succession and inheritance, which, in our view, shall pose a threat to our customary laws, social practices and the religious practices, which will be in danger of encroachment in the event of imposition of Uniform Civil Code,” he said.

The chief minister added that Article 371(A) of the Indian Constitution stated: “Not withstanding 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.”

Earlier, representatives of the various tribal hohos and civil society organisations had expressed their strong resentment and objection to the idea of having a UCC during the consultative meeting organised by the state government on September 1, he said.

The state government had also submitted its views on the subject to the 22nd Law Commission on July 4, 2023, conveying its opposition to the 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 Government of India in the Social and Religious Practices and Customary Laws of the people, and the constitutional guarantees given under Article 371 A, he continued.

Also read: CM Rio treads carefully on UCC, seeks ‘exemption’ for Nagaland