In many states including Uttarakhand and Uttar Pradesh, discussions are being held to implement Uniform Civil Code. At the same time, in March, the Supreme Court also talked about the need to implement Uniform Civil Code in the country. The court had also sought a response from the central government regarding this. In fact, BJP leader Ashwini Upadhyay had applied in the Supreme Court demanding the implementation of Uniform Civil Code in the country.
In fact, Uniform Civil Code means that there should be common law for all citizens in matters like divorce, marriage, child adoption and division of property. Article 44 of the Constitution also expressed hope that a uniform civil code would be needed in the future.
In February, Uttarakhand Chief Minister Pushkar Singh Dhami had announced that a Uniform Civil Code would be implemented if the party wins elections in the state. After winning the election, it has also been announced to form a committee to prepare the Uniform Civil Code in Uttarakhand.
Several BJP-ruled states advocated for a Uniform Civil Code after the Supreme Court sought the Centre’s reply. Assam Chief Minister Himanta Biswasarma on Saturday said that the Uniform Civil Code will give women their rights. No woman wants her husband to have two marriages. Whenever states are asked about their own Uniform Civil Code, they give the example of Goa. The Uniform Civil Code has been in force in Goa since 1869 and it is Portuguese law.
What is the law in Goa?
In 1867, the Portuguese created the Uniform Civil Code and later implemented it in their colonies as well. In Goa also this law was implemented in 1869. Under this law, it is necessary to get the marriage registered with the civil authority. Under this, if there is a divorce, then the woman is also entitled to half of the husband’s property. Apart from this, parents will have to make the owner of at least half of their property to their children, which will also include daughters.
According to advocate Cleofato Almeida, former member of the Goa Law Commission, there is no complete uniformity in adoption and marriage. The Portuguese Civil Code is in force in Goa and Daman Diu. According to the agreement, at the time of Goa’s independence, it was said that until this law is replaced by a competing authority, it will remain in force. Now the situation is that this law has been removed in Portugal but is applicable in Goa. A new civil code was implemented in Portugal only in the year 1966.