If you thought only All India Muslim Personal Law Board (AIMPLB) is wary of the 22nd Law Commission seeking public opinion on the contentious issue of the Uniform Civil Code (UCC), a couple of weeks ago; think again. An affiliate of the Rashtriya Swayamsevak Sangh (RSS), the ideological mentor of the ruling BJP, is equally concerned about the UCC becoming a reality.
Vanvasi Kalyan Ashram — an RSS affiliate that focuses on the welfare of members of the Scheduled Tribes in remote areas of India — is even preparing to write to the Law Commission.
UCC has been one of the core electoral promises of the BJP. So, when an offshoot of BJP’s ideological mentor becomes apprehensive about the prospect of the same UCC, it makes people surprised. But those who have been associated with VKA say they have enough reason to be concerned as many tribes across India have their own personal code that often is in contradiction with Hindu personal codes.
“We are experiencing ethnic tensions in Manipur right now. Next door in Meghalaya, among the Garos, there is a long-standing custom of the youngest daughter becoming the family heir. Suppose UCC comes in tomorrow and it asks each son and daughter to equally share the family fortunes, the Garos won’t be happy, take it from me. Even their men abide by this rule. How will you reason with them that the nation needs one single personal code that is uniform in nature?” as a senior functionary of the body puts it.
He also cited Santhals and Kols where the picture is completely different and women have no rights to property.
When asked to comment, Atul Jog, who is the Organisation Secretary of the Vanvasi Kalyan Ashram tried to play it down. However, talking to News18, he did concede, “We will definitely write to the commission. However, we are waiting for the draft to see first.” But sources within VKA tell News18, the body will write to the commission even before that.
Another contentious issue remains the age of marriage. Right now, a Hindu man can marry at the age of 21 while a woman can marry at the age of 18. But in many tribes that age limit is much lower. Another key Vanvasi Kalyan Ashram functionary told News18, “For instance, Odisha has 62 tribal groups out of which 13 are recognised as particularly vulnerable tribal groups or PVTGs. They are Bonda, Dongaria Kondh, Didayi, and Lanjia Soura among others who are vulnerable due to child marriage and early pregnancies. The state government so far has been dealing it by enticing them with late marriage incentives which have seen good responses. But the moment you bring in a law, these tribes won’t be very cooperating.”
Estimates suggest that each year, at least 1.5 million girls under 18 get married in India. Nearly 16% of adolescent girls aged 15-19 are currently married.
VKA suspects, if UCC becomes a law, vast sections of the tribal community will be behind bars under various sections of the POCSO Act, which was brought in to safeguard the rights of children. The act of engaging in sexual activities with children is considered a serious offense under the Protection of Children from Sexual Offences (POCSO) Act, 2012. But early marriage and procreation being a custom in many tribes, VKA is wary of barrages of criminal cases against tribals, should UCC kicks in.
While AIMPLB has already launched an online campaign against UCC and sought more time from the Law Commission to respond, the RSS body is treading cautiously. They are mindful of the fact that they are caught in a very tricky situation where they can’t go to court against a reform seen to be on Sangh’s agenda but also cannot dismiss the concerns of the very people they work with.
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