Amit Shah says UCC will not affect tribals, urges community not to fall for ‘conspiracies’

At a tribal cultural conclave held at Red Fort grounds on May 24, 2026 — organised to mark the 150th birth anniversary year of Birsa Munda — the Union Govern...

What Happened

At a tribal cultural conclave held at Red Fort grounds on May 24, 2026 — organised to mark the 150th birth anniversary year of Birsa Munda — the Union Government reiterated that the proposed Uniform Civil Code (UCC) will not be imposed on tribal communities.
The government stated that in states where the UCC has been implemented, special provisions ensure tribal communities remain outside its scope.
The conclave, called "Janjati Sanskritik Samagam," was attended by tribal representatives from across the country and organised by RSS-affiliated groups.
The government referenced constitutional safeguards — including the right to live with dignity according to one's original faith and traditions — as the basis for tribal exclusion from the UCC.

Static Topic Bridges

Article 44 — Uniform Civil Code (Directive Principle)

Article 44 of the Constitution is a Directive Principle of State Policy (Part IV) that directs the State to "endeavour to secure for the citizens a uniform civil code throughout the territory of India." It is non-justiciable — the state is directed to work toward UCC but citizens cannot sue for its enforcement.

Article 44 was included in the Constitution as a long-term aspiration, reflecting the framers' view that personal law unification should follow social consensus, not precede it.
Personal laws (governing marriage, divorce, inheritance, adoption) currently differ by religion: Hindu, Muslim, Christian, and Parsi communities each have distinct statutory or customary frameworks.
The Supreme Court has repeatedly (in Shah Bano, 1985; Sarla Mudgal, 1995; John Vallamattom, 2003) urged Parliament to enact a UCC, but Parliament has not done so at the national level.
Uttarakhand enacted India's first state-level UCC in 2024; Himachal Pradesh followed. Both state laws explicitly excluded tribal communities from their provisions.
The UCC applies to civil personal law; it does not govern criminal law, which is already uniform.

Connection to this news: The government's assurance that the national UCC will exclude tribal communities is grounded in both constitutional protections (see below) and the precedent already set by state-level UCC legislations.

Fifth Schedule — Protection of Tribal Areas (Non-NE States)

The Fifth Schedule of the Constitution (under Article 244(1)) provides for special governance arrangements in "Scheduled Areas" — areas with predominantly tribal populations in states other than Assam, Meghalaya, Tripura, and Mizoram. Ten states have Fifth Schedule areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.

A Tribes Advisory Council (TAC) must be constituted in each Fifth Schedule state, consisting of not more than 20 members — three-fourths of whom must be representatives of STs in the state legislature.
The Governor has special powers under the Fifth Schedule: the Governor can direct that any Central or State law shall not apply to a Scheduled Area, or shall apply with specified modifications.
The Governor can make regulations for the peace and good government of Scheduled Areas, including prohibiting or restricting the transfer of land from tribals to non-tribals.
The President determines which areas are "Scheduled Areas" under the Fifth Schedule by public notification.

Connection to this news: The Fifth Schedule's governor-level power to exempt Scheduled Areas from laws — including potentially from a future UCC — is a key constitutional mechanism that underpins the assurance that tribal customary law will remain protected.

Sixth Schedule — Autonomous District Councils (NE States)

The Sixth Schedule (under Articles 244(2) and 275(1)) applies to tribal areas in Assam, Meghalaya, Mizoram, and Tripura. It provides for Autonomous District Councils (ADCs) and Regional Councils with legislative, executive, and judicial powers over tribal affairs.

ADCs can make laws on land management, forestry (other than reserved forests), use of waterways, shifting cultivation, and social customs of the tribe — subject to assent by the Governor.
ADC laws on customary personal law (marriage, divorce, inheritance among tribal communities) have legal primacy within the district over general laws, unless disallowed.
The Sixth Schedule explicitly recognises tribal customary law as a source of legal authority — an acknowledgement that uniform personal law would conflict with this framework.

Connection to this news: The UCC's potential conflict with Sixth Schedule ADC laws — which already govern personal matters through customary law — is the central constitutional tension; any national UCC would need to expressly exempt Sixth Schedule areas.

PESA Act, 1996 — Self-Governance in Scheduled Areas

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extends Part IX of the Constitution (Panchayats) to Fifth Schedule areas, while mandating that Gram Sabhas retain control over customary practices, community resources, and local disputes.

PESA applies to ten states with Fifth Schedule areas.
The Gram Sabha (village assembly of adult voters) is the primary unit of self-governance — with powers over land acquisition, minor forest produce, village markets, and social justice.
PESA recognises the "customary law, social and religious practices" of tribal communities as a basis for governance, explicitly directing that panchayat laws must be consistent with tribal customs.
PESA requires mandatory consultation with the Gram Sabha before any land acquisition or displacement in Scheduled Areas.

Connection to this news: PESA's explicit recognition of customary law as a legitimate governance framework reinforces why tribal leaders and scholars argue that imposing a UCC in scheduled areas would undermine PESA's self-governance mandate.

Birsa Munda — Historical and Symbolic Context

Birsa Munda (1875–1900) was a tribal leader from the Munda community of present-day Jharkhand who led the Ulgulan (Great Tumult) rebellion against British colonial rule and the displacement of tribal land rights.

Born November 15, 1875; the 150th birth anniversary year runs from November 2025 to November 2026.
November 15 is observed as Janjatiya Gaurav Divas (Tribal Pride Day) in his honour.
His rebellion catalysed the Chotanagpur Tenancy Act, 1908 — which prohibited the transfer of tribal land to non-tribals and remains in force in Jharkhand.
Birsa Munda is classified as a freedom fighter under the Constitution's list of "dhartis ke amar sput" (immortal sons of the soil) and is revered as "Bhagwan" (god) by the Munda community.

Connection to this news: The conclave framed the UCC debate within the legacy of Birsa Munda's struggle for tribal autonomy and cultural identity, lending the event historical and cultural significance beyond its political dimensions.

Key Facts & Data

Article 44: Directive Principle directing the State to endeavour to secure a Uniform Civil Code.
Fifth Schedule (Article 244(1)): Applies to 10 states; Governor can exempt Scheduled Areas from any law.
Sixth Schedule (Articles 244(2) and 275(1)): Applies to tribal areas in Assam, Meghalaya, Mizoram, Tripura; ADCs have legislative power over customary law.
PESA Act enacted: December 24, 1996.
Uttarakhand UCC: enacted 2024 — India's first state UCC; explicitly excludes Scheduled Tribes.
Birsa Munda: born November 15, 1875; died June 9, 1900; 150th birth anniversary year: 2025–2026.
Janjatiya Gaurav Divas: November 15 (designated in 2021).
Tribal welfare budget increase cited: from Rs 28,000 crore to Rs 1.54 lakh crore (period not specified in source).