While the new BJP government is planning to bring in a Bill on implementing the Uniform Civil Code (UCC) in the state during the ongoing Assembly session, the party state president Samik Bhattacharya clarified that “nothing in the code will apply to the Scheduled Tribes”.
In a social media post on Saturday, Bhattacharya wrote, “BJP’s stand in regards to Uniform Civil Code is clear. It is part of the party’s election manifesto and political promise. There is no hide and seek, there is no mask in this.”
“We need Uniform Civil Code in West Bengal because rights and duties of all citizens will be the same in the eyes of law. Marriage, divorce, inheritance, adoption and other issues instead of religion-based personal laws should be under one uniform structure which will strengthen unity, constitutional duality and justice in the country,” Bhattacharya wrote.
“However, an important issue needs to be clarified. Nothing contained in this Code shall apply to the members of any Scheduled Tribes within the meaning of clause 25 of Article 366 read with Article 342 of the Constitution of India, “ Bhattacharya wrote.
“Their constitutionally guaranteed rights, practice, traditions and victims shall remain protected,” he added.
“Therefore creating confusion on UCC is unnecessary. On one hand it is aimed at dual law for all citizens, on the other hand, constitutional rights of scheduled tribes will be protected,” wrote Bhattacharya.
During the Assembly elections in the state, the BJP had promised to implement the Uniform Civil Code (UCC) within six months of being voted to power as part of its manifesto.
According to sources, a business advisory (BA) meeting was held late Thursday evening at the state Assembly, where tabling of the Bills, including UCC, was discussed.
The Uniform Civil Code is a proposed framework to replace religion-based personal laws with one common set of secular laws governing marriage, divorce, inheritance, and adoption for all citizens. Rooted in Article 44 of the Constitution, it seeks to promote gender justice and national integration.
The BJP has already implemented UCC in Uttarakhand and passed the law in Gujarat.
Assam became the third BJP state to implement UCC and passed a Bill last month after returning to power in the state
Uzma Alam, a member of the All India Muslim Personal Law Board, said that implementing UCC would infringe the rights of the minorities.
“We follow the Constitution of India. When you are saying that UCC is being brought for equality of all, why ST is being exempted. Is this a way to target only one community and its beliefs? India is a country known for its diversity. It is an attempt to undermine that. We will see what law they are bringing, what are the provisions in the law and likewise we will take legal steps.”
ISF MLA Naushad Siddiqui said, “They will bring the Bill in the Assembly on Monday. I will participate in the debate and oppose it. The newly elected government should think of giving food to those hungry, give jobs, fill vacancies in schools, colleges and police. Instead they are doing all this. This is to shift focus from real problems.”
Speaking on the issue, TMC MP Mahua Moitra said, “Our stand on UCC is very clear. Is it truly being introduced for the welfare of the people? We believe its only purpose is to strengthen religious polarisation. Whenever the UCC is discussed, people should remember that in criminal procedure, we already have a uniform legal framework. If someone commits a crime, it does not matter who they are. India is a country of unity in diversity, and it cannot be viewed through a single lens.”