Tribal communities in Chhattisgarh, including Christians who continue to follow indigenous traditions, are asking the state government to exclude them from a proposed Uniform Civil Code (UCC).
Representatives of several tribal communities raised the issue during a consultation in Raipur, the state capital, held from 1 to 2 September. They said their communities have long relied on customary laws and traditions to regulate matters including marriage, inheritance, property and family life.
The Chhattisgarh cabinet agreed in April to move towards a common civil code and appointed a committee headed by retired judge Ranjana Prakash Desai to prepare a draft.
The proposed code is intended to create a more uniform legal system. At present, different laws apply to matters such as marriage, divorce, inheritance and family affairs among different religious and caste communities in the state.
Chief Minister Vishnu Deo Sai has said the aim is to simplify the legal system and bring greater uniformity. He has also said the draft UCC Bill is expected to be presented to the state Legislative Assembly during its winter session later this year.
The committee is currently consulting communities across Chhattisgarh and conducting field studies as it prepares the draft. It is also inviting suggestions from individuals and organisations through an online platform.
During the Raipur consultation, concerns were raised by representatives of several tribal communities, including the Chhattisgarh Sarva Adivasi Samaj, an umbrella organisation representing tribal communities in the state. Members of the Gond, Kanwar, Baiga and Oraon communities also took part.
Kundan Singh Thakur, president of the Samaj's youth wing, said applying the same legal framework to every community could create difficulties for tribal societies, which have maintained their own customs and traditional systems for generations.
Tribal Christians are also part of the discussion because many continue to observe indigenous customs alongside their Christian faith.
Sunil Minj, a member of the Bharat Mukti Morcha, or India Liberation Front, said tribal Christians should also be excluded from the proposed common code. He said their social life remains closely connected to indigenous customs and institutions that existed before modern religious and legal classifications.
Sociologist Virginius Xaxa, a former teacher at the University of Delhi, warned that a generalised approach to law-making could weaken established tribal practices and potentially affect the ability of tribal communities to manage their resources.
Xaxa also questioned whether treating everyone under exactly the same rules would necessarily produce equality. He said constitutional protections for historically disadvantaged communities are intended in part to recognise their particular circumstances and help achieve substantive equality.
He said this distinction is especially relevant to tribal Christians because their Christian faith and indigenous identity can exist alongside each other.
Based on reporting by UCA News.
