CJI draws attention to Uniform Civil Code, urges intellectuals to observe law in Goa

Drawing attention to the debate over the implication and application of the Uniform Civil Code, Chief Justice of India (CJI) SA Bobde on Saturday, urged intellectuals to observe and take note of the state of Goa, where the law is in force. Highlighting his tenure as the Bombay High Court judge in Goa, CJI Bobde pointed out that he had the 'privilege' of administering justice under the Goa Civil Code. The Uniform Civil Code in India directs the government to formulate and implement personal laws which equally apply to every citizen of the country irrespective of their religion. 

Addressing an inaugural function of the new building of the Bombay High Court at Goa, CJI Bobde said, "Goa has what the Constitutional framers envisaged for India, a Uniform Civil Code. It applies in marriage and succession governing all Goans irrespective of religious affiliation. I have heard a lot of academic talk about the Uniform Civil Code. I would request all those intellectuals to simply come here and watch the administration of justice to know what it turns out to be." 

Notably, Goa is the only state in India where the Uniform Civil Code has been implemented. Although the Constitution mandates that the government shall endeavour a Uniform Civil Code through Article 44, it is not enforceable since it is only a Directive Principle of State Policy. The Goa Uniform Civil Code enforces an equal law related to marriage, divorce, and succession upon all citizens of the state, irrespective of their religion. 

Apart from expressing his views on the Uniform Civil Code, the CJI also spoke about the 'rich legacy' of the administration of justice in Goa. The Chief Justice added that even though the Goa Bench of the Bombay High Court was only thirty years old, the court not only maintained the highest traditions of judicial propriety but also made a significant contribution to the development of law. 

"There are many fascinating arguments which are advanced and when the administrative court of Goa gives rise to a question of law, I found it very important to remember that the administrative court has its foundation in the civil law system and not in the adversarial system, which is vastly different in perspective," CJI Bobde added. 

Uniform Civil Code in Supreme Court 

The debate around the implementation of the Uniform Civil Code has come up in the apex court on several occasions. It began with the top court's judgment in the high-profile Shah Bano Case back in 1985. In its judgment, the top court had noted that it is 'matter of regret' that Article 44, which directs the implementation of the UCC, remained a 'dead letter'. Following the Shah Bano Case, in 1995, the Supreme Court while pronouncing the judgment in the Sarla Mudgal case had again expressed the need for a Uniform Law. The top court had observed that until a uniform law was enacted there will always be a loophole because of the different beliefs of different faiths. Moreover, the Supreme Court also urged the then PM to have a fresh look at Article 44. 

In 2015, the top court touched upon the controversial subject yet again, asking the Central Government whether it was willing to bring the Uniform Civil Code. Recently in 2019, the top court yet again expressed an urge to bring the UCC. In December last year, the Supreme Court admitted petitions seeking uniform grounds of divorce and uniformity in providing maintenance and alimony. On January 29, the top court also issued notice to the Central government seeking uniform grounds of adoption and guardianship. The last petition to be entertained by the Supreme Court was on March 10 which sought uniform laws in succession and inheritance, adding that they are necessary to secure justice, equality, and dignity of women. 

Image Credits: PTI