GOA'S UNIFORM CIVIL CODE NOT A PERFECT MODEL

Notwithstanding the rights to women enshrined in the common civil code, Goa is a patriarchal society. The code may be egalitarian but the society remains inegalitarian

- ARUN SINHA

In conversations over the idea of a Uniform Civil Code, Goa's name often comes up. They say if Goa can have a Uniform Civil Code, why can't the rest of the country? BJP leaders, the most zealous champions of it, do not lose an opportunity in recommending the Goa model. A parliamentary panel headed by BJP leader Sushil Modi visited Goa in June to study the model.

A few questions become interesting here: What is Goa's Uniform Civil Code? How has it worked for the people of different communities over the years? Can it be a model for the rest of India?

First of all, no single law exists in Goa by the name of Uniform Civil Code. There are 'family laws'-separately governing marriage, divorce, succession, inheritance, guardianship of children, adoption, gifts and so on that have been grouped as Uniform Civil Code for nomenclatural convenience. The first set of family laws were introduced by the king of Portugal in his country and colonial provinces like Goa in 1870. They were amended, and more laws were added to the group over the years.

Although Goa's Uniform Civil Code applied equally to all communities Hindus, Christians and Muslims-it was not totally uniform. Certain communities enjoyed privileges.

For instance, though civil marriagemarriage recorded with the registraralone was held maintainable under law for Hindus and Muslims, in the case of Christians, even a church marriage was valid. Religious marriages of Hindus and Muslims were not valid.