A proposed legal code in India called the Uniform Civil Code (UCC) would replace individual rules based on religious texts and practices with a single set of laws that apply to all individuals, regardless of gender, caste, or religion. In India, the concept of a UCC has been the subject of intense discussion for many years. Although a UCC should be used as part of the Directive Principles of State Policy, according to Article 44 of the Indian Constitution, its actual use is still controversial.
First Uniform Civil Code Implementation
One may argue that Goa was the first Indian state to successfully implement the UCC. Following Goa’s 1961 annexation by India, the 1867 Portuguese Civil Code was implemented, and its provisions are still in effect today as the Goa Civil Code. This code sets a precedent for future UCC implementation across India since it applies consistently to all Goans, regardless of their religion.
The Civil Code of Goa: A Template for the UCC?
Marriage, divorce, succession, and inheritance are all governed by the Goa Civil Code, also known as the Portuguese Civil Code of 1867. Among its other noteworthy characteristics are:
• Marriage Laws Are the Same: The marriage rules in Goa are the same for everyone, regardless of faith, in contrast to other regions of India. For instance, not all religions, including Islam and Hinduism, allow polygamy.
• Equal Property Rights: Every son and daughter is granted equal rights to their parents’ property under the code.
• Common Divorce Laws: Common Christian divorce laws are prevalent in Goa, in contrast to other regions of India where divorce laws differ depending on the religion.
• Inheritance Rights: In order to prevent arbitrary wills that could deny children or the spouse their fair part, the law stipulates that at least half of a family’s fortune must be inherited by legal heirs.
Since the Goa model unites various groups under a single legal framework to guarantee justice and equity in gender-related concerns, it is frequently used as a model for adopting a UCC on a national scale.
The UCC’s Constitutional and Legal Aspects
Article 44 of the Indian Constitution:
Article 44, contained in the Directive Principles of State Policy, provides: “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
However, they have avoided the matter out of fear of religious and political ire and the potential consequences of extreme political gravity; previous administrations have opposed the implementation of this article because it is not enforceable by the courts.
Crucial Supreme Court rulings and judicial interpretations
The Supreme Court of India has ruled in the following judgments, highlighting the need for a consistent civil code over time:
• In the 1995 Sarla Mudgal Case, the Supreme Court decided that Hindu men who convert to Islam only to practice polygamy would be accepted by the law. The decision represented the strongest argument in favor of a uniform civil code.
• In the Jose Paulo Coutinho Case (2019), the Supreme Court asked why other states could not adopt a system similar to Goa’s, pointing out that Goa already has a Uniform Civil Code.
Current Events and the UCC’s Prospects
UCC and the Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita does not specifically address the UCC, although being intended to replace the Indian Penal Code. It demonstrates the government’s intention to update India’s entire legal system. It is anticipated that the drive for a UCC will come after more extensive legislative reforms.
Current Government Programs
• Law Commission’s Report: According to the Law Commission’s status reports, UCC is not now required or in the public interest to do so. However, in 2023, the government expressed a renewed interest in the topic by asking for new suggestions.
• Initiatives at the State Level: As the first Indian state to formally reject a UCC bill in 2023, Uttarakhand may have set the stage for other governments to follow suit.
Only Goa, where a unified civil code has existed since colonial control, has implemented the UCC thus far. Goa serves as a model, but establishing a UCC over all of India is still a very difficult undertaking that calls for striking a balance between issues of female equality, national unity, and religion and its alleged right to exist.
Given the escalating discussion of legal reforms, the UCC issue is probably going to get more heated. Political will, court rulings, and the ability to garner broad public support will all play a significant role in whether or not India moves forward with a UCC.
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