Uniform Civil Code And Tribal Customary Laws-Uniformity In Diversity?

More than 200 indigenous tribes spread across the north eastern states of Arunachal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, Manipur, Tripura have varied forms of customary laws governing marriage,divorce, inheritance,adoption and maintenance.Major part of which is uncodified but recently Mizoram legislature passed the Mizo Hnam Dan, Mizo customary law.The ongoing intellectual narratives both in support and opposing the move to usher in UCC raises to me some very pertinent questions regarding UCC and its bearing on tribal customary laws and practices which are distinct from the major personal laws of the Hindus,Muslims,Christian or parsis. First of all, amongst the tribe inter se, there is no homogeneity in customary laws even amongst the sub-tribes and different clans.Despite the large percentage of population embracing christianity, Hinduism and Buddhism, native tribal religion and customary practices are still intact in many forms.In all personal customary laws, traditional dispute redressal mechanisms at the village or community level is still the core of tribal society even today.A system which is more efficacious, spontaneous, free of procedural hurdles aiming at mutually amicable solutions. Poligamy, a vice though has been an age old custom in this part of the tribal world but not so rampant against the newer generation.Both the other wife or wives are given social recognition as per customary norms.Her offspring enjoys equal property right from the father.Not to say that polygamy is welcomed by the woman folks but they are bound to accept after due customary norms required are fulfilled.There has been no historical revolt by the women against this practice. Divorce is an important aspect of marriage amongst the tribals although instance of divorce is rare amongst the tribes.Divorce is permitted but not common and the recognized grounds may be infidelity, barrenness, cruelty but not strictly defined, simply incompatibility, unsoundness of mind, on ground of polygamy is rare.Minor children are put under the custody of the mother and husband has to pay compensation as decided by the village councils of elders on a case to case basis and return all valuable property given to her by the family and more as decided.Children will continue to have the official surname of the father even in case she remarries.Compare to divorce granted by the courts which takes a minimum of two years, under the customary system it is much more quicker, it is granted in few sittings in an amicable way.These are just few notable points to highlight the customary diversities where customs, religion and cultures are closely intertwined.