THE INTERSECTION OF CUSTOMS AND LAW: EVALUATING THE EFFECTS OF THE UNIFORM CIVIL CODE IN NORTHEAST INDIA

This paper will examine the effects of the Uniform Civil Code (UCC) in Northeast India, a region where personal laws are regulated by different customary laws or tribal practices. The UCC aims to promote the proper standardization of laws in the country, but it may be questioned by the people of the tribal communities as their laws are used to preserve their unique culture in society. The paper will further focus on the customary laws of Nagaland, Meghalaya, and Mizoram (based on adoption, marriage, guardianship, inheritance, etc) to reflect the importance of the preservation of their cultural diversity. The detailed comparative analysis between the UCC and the personal laws in Northeast India will denote the potential merits of the application of UCC accompanied by its parallel challenges including resistance from indigenous communities and conflicts with constitutional provisions such as Articles 244 and 244-A, Constitution of India, 1950. Moreover, the function of our judiciary has also been showcased in determining the balance between uniformity and cultural diversity. The paper also examines the framework for certain legal reforms, emphasizing the UCC and its adoption to achieve a balance between personal rights and community identities. Specifically, it underscores the significance of taking into account the cultural diversity in Northeast India, where tribal customs are an integral part of the social fabric. The conclusion prescribes that although the uniform civil code will enhance equality and national unity it should be followed with the scope of some flexibility that will not ultimately hinder the customary laws, practices, or the traditions of the tribal communities residing in Northeast India.