Kolkata: Scheduled Tribes (STs) will be kept out of the proposed Bengal Uniform Civil Code (UCC), state BJP president and MP Samik Bhattacharya said on Saturday, asserting that their constitutionally protected customs, traditions and special rights would remain untouched.Quoting a provision from the draft UCC on X, Bhattacharya said: “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.”He said the exemption was in line with the BJP’s commitment to protect the constitutional safeguards available to STs while introducing a common civil code for the rest of the population.Outlining the party’s position, Bhattacharya said the UCC would replace religion-based personal laws governing matters such as marriage, divorce, inheritance and adoption with a common legal framework to ensure equal rights and equal responsibilities for all citizens.He added that the proposed law could also help end disparities arising from personal laws that permit polygamy, but clarified that it had nothing to do with limiting the number of children.Bhattacharya said there was “no hidden agenda” behind the proposal and urged people not to be misled by what he described as attempts to create confusion over the UCC.Under Article 342 of the Constitution, Bengal has 40 notified ST communities, which accounted for about 5.8% of the state’s population in the 2011 Census.The santhal community is the largest ST group in the state. Of the 40 communities, the Toto, Birhor and Lodha are classified as Particularly Vulnerable Tribal Groups (PVTGs).The exemption for Scheduled Tribes is similar to the provisions in the UCCs enacted in Uttarakhand, Gujarat and Assam.CM Suvendu Adhikari is expected to make a statement on the proposed UCC in the Bengal assembly on Monday. He has indicated that the state would constitute a committee headed by a retired judge, on the lines of Uttarakhand, Gujarat and Assam, to prepare a draft.In Uttarakhand and Gujarat, the committees were headed by Justice (Retd) Ranjana Prakash Desai. The retired Supreme Court judge has also been appointed to head similar committees in Madhya Pradesh, Rajasthan and Chhattisgarh. In Assam, the committee was headed by Justice (Retd) Rumi Phookan, while Maharashtra has constituted a committee but is yet to announce its chairperson.Despite Article 44 of the Constitution, which states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”, and repeated observations by the Supreme Court—from the Shah Bano case to the Sarla Mudgal and John Vallamattom judgments—on the need for a UCC, the issue remains politically contentious in Bengal.The proposal continued to draw sharp political reactions. Trinamool MP Saugata Roy described the UCC as a “communal agenda”, while Bengal Congress president Subhankar Sarkar said Bengal’s strength lay in its diversity.CPM’s Brinda Karat questioned how a “Uniform” Civil Code could exempt STs, arguing that India’s diversity made such legislation neither necessary nor feasible. ISF MLA Nawsad Siddique said the proposal violated constitutional protections for religious and cultural rights. AJUP MLA Humayun Kabir said he would comment only after examining the Bill when it is introduced.
