Kohima:

The Nagaland Assembly on Tuesday unanimously adopted a resolution strongly urging that the state be completely exempted from the purview of the proposed Uniform Civil Code (UCC).

The 14th house of Nagaland legislative Assembly unanimously resolves for exemption from the proposed enactment of UCC in its application to the State of Nagaland, Chief Minister Neiphiu Rio said moving the government resolution on the second day of the monsoon session of the House.

“The Nagaland government and Naga people are of the view that the UCC will pose a threat to customary laws, social practices and the religious practices of the Naga people, which will be in danger of encroachment in the event of imposition of UCC,” he said.

The apparent objective of the UCC is to have a single law on personal matters like marriage and divorce, custody and guardianship, adoption and maintenance, succession and inheritance, he said.

The Nagaland government through a cabinet decision submitted its views on the subject to the Commission on July 4 conveying its opposition on the grounds of the “unique history” of Nagaland since the pre-Independent British era, the assurance of non-interference policy starting since pre-Independence times and continued by the Centre in the social and religious practices and customary laws of the people of and the constitutional guarantees given under Article 371A, Rio said.

He also recalled that in the consultative meeting with various stakeholders on the subject of UCC organised by the state government on September 1, the representatives of the various Tribal Organizations and civil societies have expressed their strong resentment and objection to the idea of having UCC.

The Government of India (GoI) appointed the 22nd Law Commission of India on February 21, 2020 and extended its term up to August 31, 2024. It issued a public notice on June 14, 2023 inviting views and ideas from all stakeholders on the subject matter of having a UCC throughout India, he said.

Article 371A of the Constitution mainly states that no act of Parliament will apply to the state of Nagaland in a matter relating to religious or social practices of Nagas, Naga customary law and procedure administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources will apply to the state unless its Assembly decides so by a resolution, he said.

The legislators on Monday deliberated on the consequences of implementing UCC in the state and the Nagaland Speaker Sharingain Longkumer had granted leave to the government to bring a resolution on Tuesday.

Longkumer put the resolution to vote and it was adopted unanimously by voice vote without any amendment.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kohima:

The Nagaland assembly on Monday opposed the proposed Uniform Civil Code (UCC) and implementation of the Forest Conservation (Amendment) Act and sought protection under the 16-Point Agreement and Article 371A.

All parties including the Nationalist Democratic Progressive Party (NDPP), BJP, NCP, NPP, LJP (Ram Vilas), Naga People’s Front (NPF), RPI (Athawale), JD(U) and Independents discussed the issues on the first day of the monsoon session.

NPF MLA Kuzholuzo Nienu said Nagas have special protection under Article 371A and therefore there was a need to discuss the UCC and Forest Conservation Amendment Act.

“Article 371A clearly states that no act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary laws and procedure, administration of civil and criminal justice involving decisions according to Naga customary laws and ownership and transfer of land and its resources unless the state assembly so decides,” he said and proposed that the House pass a resolution rejecting the UCC and the forest Act.

Nagaland BJP president and cabinet minister Temjen Imna Along assured they would stand together with the resolution adopted by the assembly on both the issues.

Deputy leader of NCP legislature party P Longon and NPP legislature party leader Nuklutoshi Longkumer also said the two laws cannot be applicable in Nagaland.

Making the concluding remarks on both the discussions, Chief Minister Neiphiu Rio said Nagaland is the only state to have joined the Indian Union with the signing of a political agreement – 16 Point Agreement and also insertion of Article 371A in the Constitution of India.

He expressed optimism that the Centre will not dishonor its own agreement nor would it overlook the Constitutional provisions given to the Nagas.

Mr Rio informed the House the state cabinet has already submitted a representation to the 22nd Law Commission to exempt the state from UCC.

The CM said the cabinet held meetings with Union Home Minister Amit Shah and he assured to look into it.

Mr Rio, however, said with the state government being an ally of ruling NDA at the Centre, it cannot go against the policies and decisions implemented by the central government.

The CM suggested that the House can pass a resolution appealing to the Centre to ‘totally exempt’ Nagaland from the purview of UCC and Forest Conservation Amendment Act.

Subsequently, Speaker Sharingain Longkumer informed that separate resolutions on both the issues will be brought for consideration on Tuesday.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Minister of State for Finance Pankaj Choudhary. File

The number of Hindu Undivided Families (HUFs) availing tax benefits under the Income Tax Act stood at almost 8.76 lakh in 2022-23, the lowest in at least five years. The impact on their tax treatment under a Uniform Civil Code (UCC) has not yet been examined, the Finance Ministry informed Parliament on July 25.

Responding to a query on whether the Government has assessed the impact of Uniform Civil Code on tax benefits to HUFs in the country from Janata Dal MP Ram Nath Thakur, Minister of State for Finance Pankaj Choudhary said there has been no such assessment “as there is no such Code at present.”

Under the Income Tax Act, an HUF is treated as a ‘person’ and is assigned a separate entity for the purpose of assessment. Under Hindu Law, an HUF is a family which consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. Jain and Sikh families, even though they are not governed by the Hindu Law, are also treated as HUFs under the Act.

While there were more than 9.25 lakh HUFs who availed tax benefits in 2020-21, this number dropped to around 8.77 lakh in 2021-22 and further to a little under 8.76 lakh families last year.