SC’s example of Goa as a state with a Uniform Civil Code is inconsistent with Article 44 | The Indian Express

SC’s example of Goa as a state with a Uniform Civil Code is inconsistent with Article 44 | The Indian Express

Written by Tahir Mahmood |Updated: September 18, 2019 10:12:49 am

The writer is distinguished jurist chair and professor of eminence, Institute of Advanced Legal Studies, Amity University.

SC’s example of Goa as a state with a Uniform Civil Code is inconsistent with Article 44

What is the sense in retaining an archaic law of foreign origin in certain national territories, 58 years after their assimilation into the nation?

Article 44 demands uniformity of family laws at an all-India level — a local law even if applicable to all cannot be seen as a Uniform Civil Code.  (C R Sasikumar)

The founding fathers of the Constitution had “hoped and expected” that the state will act on Article 44 that pertains to Uniform Civil Code but “till date no action has been taken in this regard,” an apex court bench has observed. Though Hindu laws were codified, “there has been no attempt to frame a Uniform Civil Code applicable to all” the bench has said, adding rather curiously: “However, Goa is a shining example of an Indian state which has a Uniform Civil Code applicable to all regardless of religion” (Jose Paulo, September 13). With due deference, I find both the obiter dicta and the ruling of the bench inconsistent with the letter and spirit of Article 44.