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The DMK has registered strong opposition against any proposal to implement the Uniform Civil Code (UCC), expressing concerns about constitutional validity and potential disruption to religious harmony.
In a detailed report to India’s 22nd Law Commission, the DMK argued that implementing the Uniform Documentation Act would amount to an “undue violation” of Sections 25 and 29 of the Constitution, which guarantee every citizen the right to freedom of religion and protection of minority interests, respectively. .
The Secretary General of the DMK, Duraimurugan, who sent the request, urged the Law Commission to respond to the views expressed by the 21st Legal Commission in an advisory paper in August 2018, advising against the implementation of the UCC. He also reminded the existing legal committee of the diversity in religious practices across India, arguing that a one-size-fits-all approach to personal law would not only undermine religious freedom but could also threaten societal peace and harmony.
Each religion has developed its own unique and distinct customs and traditions over centuries of practice, in keeping with its beliefs and religious texts. Disturbing them with brute force is nothing short of tyranny and oppression, and it must not be perpetrated by the state, which acts as the father of the nation,” the DMK statement read.
The party also warned of the possible undermining of multiculturalism and the federal structure in India, arguing that the WCC could encroach on the legislative jurisdiction of the states, thus violating the principles of cooperative federalism. In addition to these broader constitutional and social and political concerns, the party has raised several specific objections against the WCC.
He noted the diversity within Hinduism itself, stating that the scheduled tribes professing Hinduism have distinct customs, and are excluded from the scope of the Hindu Succession Act 1956. Religions. The party also warned against eradicating the concept of the Hindu Undivided Family (HUF), which is unique to Hinduism and provides certain benefits. The party asked whether the union government would wipe out all HUFs, which contributed significantly to tax revenues.
Duraimurugan has argued that states are in a better position to evaluate and legislate personal laws to suit the needs of their people, given their proximity to popular realities. He asserted that undermining this power of the states was unconstitutional and against cooperative federalism.
The letter also refers to the special protection afforded to the tribal areas of Assam, Meghalaya, Tripura and Mizoram, regarding marriage, divorce and social customs, which cannot be revoked by the GCC. Highlighting the harmonious coexistence of all religions in Tamil Nadu, the KDC leader warned that the WUC could disrupt peace and harmony among religious groups, causing conflicts that could lead to terrible violence.
The submission urged the Law Commission and the Union Government to refrain from implementing the Union Carbide Act, and instead called for possible amendments to personal laws to address social evils such as polygamy, or to explore non-religious personal laws for atheists or interfaith couples.
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