Implementation of the Uniform Civil Code has been a hotly debated topic in India during the last few decades.While the pros and cons of the Code are being weighed in the rest of the country, Goa remains the only state in India where Uniform Civil Code remains in force.
With the winter session of the Parliament approaching, it is estimated that the NDA government might introduce the Common Civil Code Bill in the Parliament. How has the law impacted Goa and what impact it might have on the whole of India if implemented, is a question that merits attention.
What is the debate about
The debate about implementing Uniform Civil Code in India has been going on since the days of the Constituent assembly. During the discussion to write the Indian Constitution, there were three viewpoints held by the Constituent Assembly members
-First, that the UCC could coexist alongside personal laws of other religions
-Second, that the UCC could replace personal laws
-Third, that the UC might end up denying the freedom of religion to Indian citizens.
Due to these differences, the chapter on Universal Civil Code was included in Directive Principles of State Policy rather than Fundamental Rights. While its opponents state that the Code hinders Freedom of Religion,
Supporters of the UCC hold that it ensures equality within all religions in India. Interestingly, in its 2018 report, the Law Commission of India held that the Uniform Civil Code is neither necessary, nor desirable. It further stated that the state should look at ensuring equality of men and women within religions rather than trying to ensure the equality of communities. The existence of differences does not mean discrimination. Instead, it denotes a robust democracy, the report stated.
UCC in Goa
During the Portuguese rule, the colonial rulers codified local customs separately for Goa, Daman and Diu. The Uniform Civil Code which was implemented in Portugal in 1867, was extended to Goa in 1869. THe law was not changed upon liberation in 1961. Later, the court also ruled that the same law applies to properties of Goan located elsewhere in India.
The experience of Uniform Civil Code in Goa has been extremely good, because it has existed here for a long time. At the national level too, it is required, but it may not be wise to introduce the law at this point of time. A law should we welcomed by all communities in the country, and not pushed down their throats. In the past few years, communities in India have been divided. In reality, the UCC is a good unifying tool but introducing it at this time could be seen as a polarizing move.
” Celofato Coutinho,
Advocate, Margao
I believe that UCC should be implemented across India. It will help ensure equality of women across all religious communities in India, especially when it comes to matters of property and divorce.
” Vijayalakshmi Naik,
advocate, Panaji
Complete implementation of Uniform Civil Code is not practically possible in a multi-religious country like India. In fact, UCC is already in force to some extent in the country. Criminal and civil laws are judged with UCC. Presently, only personal laws are exempted from UCC which is must as people have different beliefs and customs including their own identity and the Constitution of India grants freedom of this right to the people. The idea of bringing all laws
under UCC is threat to the democracy of the country. The government has also not come up with any framework for UCC to discuss with each community leader and take their opinion on the same. The UCC followed in Goa too is not completely uniform as specific provisions relating to the customs of Hindus, Buddhists, Jains and Sikhs, running counter to general statutory provisions, enjoy full legal protection under the provisions of the concerned Uniform Civil Code.
” Nazrana Darvesh, writer, Santa Cruz
A Uniform Civil Code which is based on justice for all and provides for egalitarian society, is the best option for any civilisation. However, in a multi-faith, multi-religious and multi-cultural society like ours, is that possible given that even the custodians and pillars of justice are highly prejudiced in favour of faith. Will our law makers who belong to and claim to be the torch bearers of a particular faith do justice in providing a Uniform Civil Code which will do justice to all? I’m skeptical.
” Shoaib Shaikh, Panaji
UCC should indeed be implemented in India as it will help bring fairness to resolving issues related not only to property, divorce, and succession, but also to many other areas. Such laws are the need for the modern world.
”Kisan Prabhu, advocate, Ponda
