Uniform Civil Code – An Analysis


What is a Uniform Civil Code?
A uniform civil code is the one that provide one law for the entire country.
Citizens of India are governed by different personal laws based on their religion and community. A Uniform Civil Code would ensure that all citizens of India are governed by the same set of secular civil laws in matter in matters of marriage, divorce , maintenance, adoption, inheritance, succession etc. Under the present set of laws Hindus are bound by law to practice monogamy as bigamy having more than one wife is an offence whereas Muslims are allowed by their personal law to have four wife’s at the time.

Similarly Hindus have comprehensive enactment an adoption this concept is not recognized by the personal loss of Christians and parses even Uniform Civil Code is enacted all citizens of India would be governed by the same law in all such matters.


Uniform Civil Code in Goa
Goa has a common family law. Thus Goa is the only Indian state that has a uniform civil code. In Goa Hindu, Muslim, Christians all the religions are bound with the same law related to marriage, divorce, succession, inheritance etc. When Goa became the part of union territory in 1961 by the virtue of the Goa Daman and Diu Administration Act, 1962 the parliament authorized the Portuguese civil code of 1867 to Goa and shall be amended and repealed by the competent legislature.

In Goa marriages is a contract between two people of different sex with the purpose of living together and constitute the legitimate family which is register before the office of civil registrar. And the particular rules and regulations has to be followed by the parties after that they can live together happily and start their life but there are certain restrictions according to which these categories of person are prohibited to perform marriage for example: any spouse convicted of committing or abetting the murder of other spouse shall not marry.

Criticisms:
In the spin of controversy we live in a secular state and according to preamble of the Indian Constitution states that the India is a Secular Democratic Republic this means that there is no state religion a secular state should not intervene with the customs of others religion and make discrimination against other community people on the grounds of their religion, community which means that there should not be any intervention with other community people rights.
In the case of S.R.Bommai v. Union of India as per justice Jeevan Reddy it was held that the religion is the matter of individual communities people faith and to follow their own customs a law cannot mixed it with a uniform law and the secular activities can be regulated by them with their own personal law .In India the concept of “positive secularism “. The concept is basically deals with the separation of positive individual spiritualism with individual faith. Article 25 of Indian constitution guarantee right to freedom of religion and also that every person can follow their own religion and practice their own religion.

Conclusion:
The section of the nation against the implementation of UCC contends that in ideal times, in an ideal State, a Uniform Civil Code would be an ideal safeguard of the citizens’ rights. But India has moved much further from ideal than when the Constitution was written 50 years ago.

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