Author: Riddhaa Bhattacharyya, KIIT School of f Law
TO THE POINT
The idea of a Uniform Civil Code (UCC) in India has been a long debated topic. One state that is often referred to in this context is Goa, which has a common civil code for all its residents, regardless of religion. This makes Goa an interesting case for studying what a UCC might look like in practice. While Goa’s civil code is seen as more uniform than personal laws followed in the rest of the country, it still contains certain religious exceptions. This article examines whether Goa’s model can truly be seen as a prototype for the UCC and discusses its practical and legal implications.
ABSTRACT
Goa is the only Indian state that follows a single set of civil laws for all communities. Because of this, its legal system is often brought up as an example of how a Uniform Civil Code might work for the rest of India. A closer look reveals that Goa’s civil code, while progressive in some ways, is not completely free of religious considerations. This article studies the structure, scope, and gaps in the Goa Civil Code, and evaluates whether it can reasonably serve as a model for a national UCC. It also helps us explores how courts and legal scholars have responded to this debate.
USE OF LEGAL JARGON
The Uniform Civil Code (UCC) is mentioned under Article 44 of the Directive Principles of State Policy in the Constitution of India. It targets replacing personal laws based on religious scriptures and customs with a common set of civil laws governing marriage, divorce, adoption, and inheritance. The goal is to ensure that all citizens are treated equally before the law, regardless of religion.
The Goa Civil Code, which dates back to the Portuguese Civil Code of 1867, is often cited as a working model of the UCC because it applies to all Goans equally in civil matters. However, the code also allows for certain religious exceptions, such as permitting Hindu men to take a second wife in specific cases, or recognizing Catholic Church marriage ceremonies under special procedures. While Goa’s system brings more uniformity than other Indian states, these exceptions raise questions about whether it is truly secular or fully uniform in the legal sense.
THE PROOF
The Goa Civil Code is often praised for being progressive and gender-equal in areas such as inheritance, marriage registration, and divorce procedures. For example, the law ensures equal property rights for sons and daughters and makes registration of all marriages compulsory, regardless of the religion of the couple. This reduces the chances of fraud and helps maintain legal clarity in civil relationships.
However, when examined closely, Goa’s civil law is not fully uniform. Some parts of the code retain religious elements. For instance, Hindu men are allowed to remarry if their first wife does not bear children by the age of 25 or a male child by the age of 30, which clearly reflects a religious bias embedded in the law. Catholics have certain exemptions under Canon Law for marriage, and other communities often continue their personal practices alongside the civil code.
Also, Goa is a small, socially cohesive state, which makes the implementation of a common code more manageable. In contrast, India as a whole is deeply diverse with multiple communities having their own well-established religious customs. Imposing a single code without meaningful dialogue and legal safeguards could lead to resentment or non-compliance, especially among minorities. Therefore, while Goa’s model offers valuable insights, it cannot be applied nationwide without careful adaptation and public involvement.
CASE LAWS AND LEGAL DEBATES
In Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019), the Supreme Court of India appreciated the existence of the Goa Civil Code and praised it for ensuring equal treatment of all citizens in matters of personal law. The Court observed that despite 70 years of independence, no other state had adopted a similar code and that Goa’s model could be looked at as a reference point for implementing the UCC. This case brought significant national attention to Goa’s unique legal framework.
However, the same judgment also sparked debates among legal scholars. Critics argued that while the Court’s observation was positive, it overlooked the religion-based exceptions still present in the Goa Civil Code. Legal experts such as Flavia Agnes have pointed out that true uniformity cannot exist as long as religious practices influence certain provisions of the law. They argue that calling Goa’s law a UCC is misleading, as it hides the layered and nuanced legal realities on the ground.
In addition to judicial commentary, reports by the Law Commission of India have also discussed the idea of UCC. In its 2018 Consultation Paper, the Law Commission stated that rather than a strict uniform code, the focus should be on reforming existing personal laws to ensure gender justice and equality. It stressed that in a diverse society like India, the goal should not be to impose sameness, but to harmonize personal laws with constitutional principles.
These cases and reports show that while Goa’s Civil Code offers useful examples—like compulsory marriage registration and equal property rights—it cannot simply be copied and pasted into the national legal system. The social and religious context of each region needs to be respected.
CONCLUSION
The Goa Civil Code stands out in the Indian legal system for offering a more uniform civil law across religious communities. It has shown that certain reforms—like equal inheritance laws and marriage registration—can be successfully implemented. However, the presence of religion-specific exceptions and the small, relatively homogeneous nature of Goa mean that it cannot serve as a perfect model for a national Uniform Civil Code.
If India is to move toward a truly uniform civil law, the process must be democratic and inclusive. Legal reforms should aim to protect both individual rights and cultural diversity. Goa’s experience can inform this process, but it should not be the final blueprint. A balanced approach is needed—one that promotes equality and secularism while respecting the realities of Indian society.
FAQS
1. What is the Goa Civil Code?
It is a set of civil laws applied to all communities in Goa in areas like marriage, divorce, and inheritance. It originates from the Portuguese Civil Code and is unique in India for its uniform application.
2. Is the Goa Civil Code completely uniform?
Not fully. While it is more uniform than personal laws in other states, it still contains religious exceptions, such as special provisions for Hindus and Catholics.
3. Why is the Goa Civil Code considered a model for UCC?
Because it shows how civil laws can apply across religious communities. It is often used as a reference in discussions about implementing a Uniform Civil Code nationwide.
4. What are the legal criticisms of using Goa’s code as a model?
Critics say it is not entirely secular or uniform and that its small, specific context cannot be generalized for all of India.
5. What would a better approach to UCC look like?
A better approach would involve reforming personal laws to ensure equality, rather than replacing them entirely. Public consultation and respect for diversity should be key parts of the process.
