SHILLONG, July 12 (NNN): Advocate Erwin K Syiem Sutnga has urged the Law Commission to recommend an exemption for Meghalaya from the application of the proposed Uniform Civil Code (UCC).
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In a letter to the chairman and members of the 22nd Law Commission of India on Tuesday, Sutnga said, “Under the premises stated above I request that any proposal to the government of India for enactment of a Uniform Civil Code should also recommend an exception to the state of Meghalaya to exempt the application of the proposed Uniform Civil Code to the tribal areas of the state in the body of the draft bill itself.”
He also referred to two judgments of the Supreme Court in Regional Provident Fund Commissioner v. Shillong City Bus Syndicate, (1996) 8 SCC 741 (748): AIR 1996 SCC SC 1546:1996 AIR SCW 1641 and in J. Thansiama v. State of Mizoram, (2015 ) 9 Sc ALE 618, Parliament cannot make laws on the subjects enumerated in Para 3 of the Sixth Schedule to the Constitution of India.
These include: the appointment or succession of chiefs (known in Meghalaya as Syiems , Lyngdoh and Sirdar) or Headmen (known in Meghalaya as Rangbah Shnong, Sordar or Waheh Chnong), the inheritance of property; mission, marriage and divorce and social customs.
“This implies that no law made by Parliament relating to the tribal areas of the State of Meghalaya can infringe on the law making powers of the Autonomous District Councils in Para 3 of the Sixth Schedule to the Constitution of India. For all practical purposes the proposed Uniform Civil Code is already ipso facto ousted from Meghalaya by virtue of these constitutional provisions and the interpretation of the Supreme Court of India,” Sutnga stated.
