The Goa civil code:

GS Paper 2:

Topics Covered : Uniform Civil Code

Context:

Goa chief minister Pramod Sawant recently said that the Goa civil code can be a model that other states can emulate. This statement comes amid the ongoing discussions for having a Uniform Civil Code for India.

What is Goa Civil Code?

In 1867, Portugal enacted a Portuguese civil code and in 1869 it was extended to Portugal’s overseas provinces (that included Goa). It is considered a Uniform Civil Code.

• While when it comes to marriage and adoption, there is not complete uniformity, generally the Goa Civil Code is far more gender-just than other laws in the country.
• The law also doesn’t recognise bigamy or polygamy, including for Muslims but grants an exception to a Hindu man to marry once again if his wife doesn’t conceive a child by the age of 21 or a male child by the age of 30.

The law provides for:

• Compulsory registration of marriages before a civil authority, ensuring that the wife is an equal inheritor and is entitled to half of the “common assets” including those inherited by her husband in the case of a divorce.
• The parents must compulsorily share at least half of the property with their children including daughters.

Why does a civil code enacted by the Portuguese continue to exist even today?

The Portuguese Civil Code in Goa continued in India by virtue of Section 5(1) of the Goa, Daman and Diu Administration Act, 1962, through which the Indian Government ruled that “all laws in force in Goa, Daman and Diu or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority.”

• Because of this, the Portuguese civil code continues to be in force in Goa.

What is UCC?

UCC essentially refers to a common set of laws governing personal matters such as marriage, divorce, inheritance and succession for all citizens of the country.

• Article 44 of the Constitution, which is one of the Directive Principles of State Policy, also advocates a uniform civil code.
• However, governments since Independence have allowed respective religion-based civil codes to respect the diversity of India.

What are the pros and cons of having a UCC now in India? What is the way out?

• Reference: read this.

Insta Curious:

Did you know that Indian laws do follow a uniform code in most civil matters such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 etc?

• States, however, have made hundreds of amendments and, therefore, in certain matters, there is diversity even under these secular civil laws.

InstaLinks:

Prelims Link:

1. About UCC.
2. What are DPSPs?
3. Enforcement of DPSPs.
4. Shah Bano case is related to?
5. Article 44.

Mains Link:

Discuss why is UCC not desirable for India at this point?

Q.1) Consider the following statements:

1. The Indian Constitution talks about the Uniform Civil Code.
2. Goa Civil Code doesn’t recognise bigamy or polygamy.

Which of the above statements is/are correct?

1. 1 only.
2. 2 only.
3. Both.
4. None of the above. 

Sources: Hindustan Times