Introduction
The Uniform Civil Code (UCC) aims to establish a single set of personal laws governing marriage, divorce, inheritance, and adoption for all citizens, irrespective of religion. Article 44 of the Indian Constitution, part of the Directive Principles of State Policy, states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” While Goa has long been recognized for its implementation of a uniform civil code, Uttarakhand has recently taken significant steps in this direction. This paper examines the constitutional and legal challenges associated with the UCC in both states.
Goa’s Uniform Civil Code
Goa is unique in India for its long-standing uniform civil code, known as the Goa Civil Code or Goa Family Law. This code, largely based on the Portuguese Civil Code of 1867, was retained after Goa’s integration into India in 1961. It governs all Goan residents, irrespective of religion, in matters of marriage, divorce, and inheritance. Key features include:
• Joint Ownership: A married couple jointly holds ownership of all assets owned or acquired before and during the marriage.
• Equal Inheritance: Children, regardless of gender, have equal rights to inheritance.
• Monogamy: Polygamy is prohibited, and divorce laws are uniform across religions.
While Goa’s code is often cited as a model for the UCC, it has specific provisions for certain communities. For instance, Hindu men have the right to bigamy under specific circumstances, and Catholics can solemnize their marriages in church after obtaining a No Objection Certificate from the Civil Registrar. These exceptions highlight the complexities involved in implementing a truly uniform code.
Uttarakhand’s Implementation of the Uniform Civil Code
In January 2025, Uttarakhand became the first Indian state to implement a Uniform Civil Code. Chief Minister Pushkar Singh Dhami announced its full adoption, emphasizing its alignment with the vision of the constitutional framers. The UCC in Uttarakhand addresses uniformity in personal laws, enhancing equality in matters like marriage and inheritance, while excluding Scheduled Tribes and protected persons.
Constitutional and Legal Challenges
1. Fundamental Rights vs. Directive Principles: The UCC is part of the Directive Principles, which are non-justiciable, meaning they are not enforceable by any court. In contrast, the right to religious freedom is a fundamental right under Article 25, which is justiciable. Implementing the UCC may lead to conflicts between these constitutional provisions.
2. Cultural and Religious Diversity: Both Goa and Uttarakhand are home to diverse populations with various religious communities, each following their own personal laws. A uniform code may be perceived as an infringement on religious practices and could face resistance from communities that view it as a threat to their cultural identity.
3. Legal Precedents: The Supreme Court of India has, in various judgments, Like Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556:
The Supreme Court emphasized the importance of implementing a Uniform Civil Code to promote gender justice, national integration, and equality.
Sarala Mudgal v. Union of India (1995) 3 SCC 635:
The Court reiterated the need for a UCC, highlighting that personal laws must not violate the constitutional mandate of equality
Highlighted the need for a UCC to promote national unity and gender justice. However, it has also acknowledged the complexities involved, given India’s pluralistic society. Any move towards implementing the UCC would need to navigate these legal precedents carefully.
Conclusion
The implementation of a Uniform Civil Code in Goa and Uttarakhand presents significant constitutional and legal challenges. Balancing the principles of national integration and gender equality with the rights to religious freedom and cultural diversity requires careful consideration. Any move towards a UCC must involve extensive consultations with all stakeholders to ensure that it reflects the pluralistic ethos of Indian society.
Reference
Indian constitution by M.P Jain
