No threat to tribal rights under UCC: Amit Shah

The Union Home Minister, speaking at an event in Delhi, assured tribal communities that the Uniform Civil Code (UCC) will not threaten their culture, traditi...

What Happened

The Union Home Minister, speaking at an event in Delhi, assured tribal communities that the Uniform Civil Code (UCC) will not threaten their culture, traditions, or customary practices.
He stated that every individual has the right to practice their original faith and that forced religious conversion is unacceptable.
The assurances come amid active UCC legislative momentum at the state level: Uttarakhand implemented UCC in 2024, and Assam's cabinet approved a UCC draft in May 2026 — both bills explicitly including tribal exemptions.

Static Topic Bridges

Article 44 of the Constitution: The UCC as a Directive Principle

Article 44 of the Constitution of India, under Part IV (Directive Principles of State Policy), directs the State to endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. It provides a single set of personal laws — covering marriage, divorce, inheritance, adoption, and maintenance — applicable to all citizens regardless of religion, in place of the current system of religion-specific personal laws (Hindu, Muslim, Christian, Parsi, etc.). Directive Principles under Article 37 are non-justiciable — courts cannot compel their enforcement — but they are constitutionally authoritative in guiding legislation. The Supreme Court has in multiple cases (most notably Shah Bano, 1985) called upon Parliament to enact a UCC.

Article 44: Part IV DPSP — "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India"
Directive Principles: non-justiciable (Article 37) but fundamental to governance
Current system: religion-specific personal laws — Hindu Marriage Act 1955, Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872, etc.
Shah Bano case (1985): Supreme Court called for UCC; triggered political controversy and legislative override
Goa: the only state in India with a pre-existing uniform civil code (Portuguese Civil Code, 1867; retained after Goa's annexation in 1961)

Connection to this news: The Home Minister's assurances directly engage with Article 44 implementation — the question of how to achieve the Directive Principle while honouring the constitutional protections for tribal communities.

Fifth and Sixth Schedules: Constitutional Protection for Tribal Customary Law

The Constitution provides two distinct tracks of protection for tribal communities that create principled grounds for UCC exemptions. The Fifth Schedule (Article 244(1)) applies to "Scheduled Areas" (tribal-majority areas in non-northeastern states) and empowers the Governor to direct that any Parliamentary or state law shall not apply to Scheduled Areas, or shall apply only with specified modifications. The Sixth Schedule (Article 244(2) and Article 275(1)) applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram, creating Autonomous District Councils (ADCs) with legislative powers over customary laws, land management, and social practices. Both schedules create a constitutional architecture under which tribal communities' customary laws — including on marriage and inheritance — are legally recognised and protected.

Fifth Schedule: Article 244(1); Scheduled Areas in non-northeastern states; Governor can exclude or modify central/state laws
Sixth Schedule: Article 244(2); four northeastern states (Assam, Meghalaya, Tripura, Mizoram); Autonomous District Councils with legislative powers
Tribal exemption basis: customary laws on marriage, inheritance, and land protected under both schedules
Assam UCC Bill (2026): explicitly exempts tribal population, including both hill (Sixth Schedule) and plain tribes
Uttarakhand UCC (2024): first state UCC — also includes tribal exemptions
Goa model: UCC has applied since 1867 (Portuguese Civil Code); tribals in Goa's scheduled areas retain certain customary rights

Connection to this news: The Home Minister's assurance that tribal rights will not be threatened under UCC has a direct constitutional basis — the Fifth and Sixth Schedules already provide a framework for exempting or modifying the application of central and state laws in tribal areas, which UCC legislation has been incorporating as explicit carve-outs.

State-Level UCC Implementation: Uttarakhand and Assam

Goa has historically been the only state with a uniform civil code, having retained the Portuguese Civil Code of 1867 since its annexation in 1961, which applies uniformly to all residents. Uttarakhand became the first Indian state to legislatively enact a UCC in 2024, when it passed the Uttarakhand Uniform Civil Code Act — becoming the first new-territory state to implement UCC. Assam's cabinet, in May 2026, approved a UCC draft bill for tabling in the state assembly, making Assam positioned to become the third state with UCC legislation. Both the Uttarakhand and Assam bills include explicit tribal exemptions consistent with Fifth and Sixth Schedule protections.

Goa: UCC in place since 1867 (Portuguese Civil Code); retained post-annexation 1961
Uttarakhand UCC Act: enacted 2024 — first legislatively enacted state UCC
Assam UCC Bill: cabinet approved May 2026; tabling in assembly planned
Tribal exemption: present in both Uttarakhand and Assam bills; covers communities under Fifth/Sixth Schedule protections
Coverage of UCC (general): marriage, divorce, inheritance, adoption, maintenance, succession

Connection to this news: The Home Minister's statement contextualises the Centre's position on the tribal exemption debate — endorsing the inclusion of such exemptions in UCC frameworks and positioning it as protecting, rather than threatening, tribal identity and practices.

Key Facts & Data

Article 44 (Constitution): DPSP directing the State to endeavour to secure a UCC
Fifth Schedule: tribal area protections in non-northeastern states (Article 244(1))
Sixth Schedule: Autonomous District Councils in Assam, Meghalaya, Tripura, Mizoram (Article 244(2))
Goa: only state with UCC before 2024 — Portuguese Civil Code of 1867, retained since annexation in 1961
Uttarakhand UCC Act: enacted 2024 — first new-enactment state UCC
Assam UCC Bill: cabinet approved May 2026, includes explicit tribal exemptions
Shah Bano case (1985): landmark Supreme Court judgment calling for UCC