UCC and Tribal Concerns UPSC NOTE

UCC and Tribal Concerns

Tribal villages fear that significant parts of their way of life would be undone if a UCC is put in place.
Special legislation such as the PESA Act, 1996; the Chota Nagpur Tenancy Act, 1908; and the Santhal Parganas Tenancy Act, 1876, recognise customary practices in Jharkhand, which are protected under the Fifth Schedule of the Constitution.
There also judicial precedents which recognise customary practices and authorise lower courts to make decisions on their basis.

There are liberal provisions of land transfer in legislation such as the Chhota Nagpur Tenancy Act and Santhal Parganas Act, which are based on customary practices.

Land can be transferred to any Scheduled Tribe person, regardless of gender, clan or tribe.

That is why it is important to ask what the specifics and scope of a UCC would be.

Many tribal bodies in Nagaland, Meghalaya, and Mizoram have raised what they claim is the unconstitutionality of a UCC in the presence of protections enshrined in Articles 371A (special provision with respect to Nagaland) and 371G (special provision with respect to Mizoram) of the Constitution of India.
A UCC could also come in conflict with the Sixth Schedule of the Constitution (which facilitates the establishment of autonomous district councils in Assam, Meghalaya, Mizoram, and Tripura).

Carnelian

Carnelian is a type of gemstone or semi-precious stone.
It is a variety of chalcedony, which is a form of quartz mineral.
Carnelian is known for its vibrant reddish-brown to orange color, often with translucent or opaque qualities.
The stone has been highly valued and used in jewelry and decorative arts for centuries.
It has been historically used in various cultures for its believed metaphysical properties, including enhancing vitality, courage, and creativity.

Carnelian beads were commonly used in ancient civilizations for making jewelry and adornments.
Gujarat, a state in western India, is known for being a significant source of carnelian stones.

Archaeological findings:

A gold stud with a floral design and six petals, weighing 0.26 grams, found at a depth of 133 cm.
A bone point with pointed ends and carvings, possibly used for weaving, found at a depth of 140-160 cm.
A broken piece of carnelian bead, indicating domestic trade, found at a depth of 140-160 cm.

Over 150 other artifacts found, including potsherds, hopscotches, spouts, pieces of glass bangles and beads, a terracotta lamp, a coin, a spindle whorl, rubbing stone, and a couple of graffiti.

Significance of discoveries:

The gold stud is believed to have been used as a nose stud and reflects the culture of the Sangam Age.
The bone point suggests its use in weaving.
The carnelian bead indicates domestic trade, possibly sourced from Gujarat.

Previous findings and studies:

Carnelian beads have been found at Kodumanal and other places in Tamil Nadu, typically sourced from Gujarat.
Studies conducted using Light Detection and Ranging (LIDAR) indicate the presence of a fort at Porpanaikottai.
Light Detection and Ranging (LIDAR) is a remote sensing technology that uses laser light to measure distances and create precise three-dimensional representations of objects or environments