Polity

UNIFORM CIVIL CODE (UCC): GOA VS UTTARAKHAND

by | Feb 8, 2025

SUMMARY

The Uniform Civil Code has been a longstanding debate in India because of diversity in Indian Society and Goa being the only state which follows UCC as Common Civil Law for decades. This year Uttarakhand implemented UCC and it became the 1st state in India to implement UCC across states.

KEY FACTS

  • Goa was under Portuguese rule, it was Annexed by India in 1961, so it follows the Common Civil Code enforced since 1867, making it the only Indian state with a UCC.
  • After independence no Indian State has UCC, but in 2024 Uttarakhand passed this UCC Bill and implemented UCC this year only and became the first state to implement UCC. 
  • The UCC in both states covers marriage, divorce, inheritance, and adoption but differs in execution.
  • To ensure uniformity in legal space and personal law, the Supreme Court in multiple scenarios has advised to implement UCC across Nation. 

INSIGHTS & ANALYSIS

Legal Foundations of UCC in Goa and Uttarakhand

Goa
  • The state follows the Portuguese Civil Code, which mandates equal inheritance rights for men and women, community property laws for married couples, and a uniform marriage and divorce procedure for all religions.
Uttarakhand
  • UK’s UCC covers- gender-neutral marriage, divorce, adoption, live-in relationships, and inheritance while ensuring gender neutrality and protection.

Marriage and Divorce Laws: A Comparison

Goa
  • Marriage is considered a contract.
  • Divorce is permitted, but mutual consent divorces take longer.
  • Property acquired post-marriage is jointly owned.
Uttarakhand
  • Special provisions for live-in relationships, preventing misuse.
  • Simplified divorce procedures with equitable rights.
  • Provisions for alimony and maintenance in all cases.

Inheritance and Property Rights

Goa
  • Equal inheritance rights irrespective of gender.
  • Property is jointly owned after marriage, preventing arbitrary dispossession.
Uttarakhand
  • Ensures equal property rights across all communities.
  • Eliminates gender and religious bias in inheritance laws.

Challenges and Public Reception

Goa
  • The Portuguese Civil Code has been largely accepted, but some sections need modernization.
  • Issues arise with non-Goans settling in the state and adapting to the law.
Uttarakhand
  • Faces opposition from religious groups fearing dilution of personal laws.
  • Implementation challenges remain, particularly in diverse cultural contexts.

IMPACT

The Uniform Civil Code has a widespread impact on our society as it is evolving with each passing year. Goa is the one State which follows UCC since ages and also it sets a precedent for the other states and gives a model for contemplating reform in other Indian States. While Uttarakhand has followed more of a modern indigenous approach in formulation of Uniform Civil Code. There will always be arguments around the legal uniformity and gender equality in formulation and implementing of UCC.

WHY IT MATTERS

Indian Society is diverse in every form of culture, religion and geography as well. Not only in ethnicity, religion and culture but in personal laws India is diverse which often lead to legal complexities and gender biases.

A nationwide UCC could streamline family laws, ensuring equality and simplifying judicial processes. Goa and Uttarakhand serve as test cases for larger implementation.

ENDNOTES 

Goa’s Common Civil Code became a guiding force in this direction but Uttarakhand’s Ucc gives us fresh perspective in this regard and also give guidance in framing a better code for the society. This mix of longstanding law and modern indigenous approach give us a comparative study in the domain and helps us understand the viability of a national UCC. If successfully implemented it could mark a significant step towards legal uniformity in the country.

Source- Uttarakhand UCC (Hindi) (English)

Also Read- PRESIDENT’S APPROVAL TO UTTARAKHAND’S UNIFORM CIVIL CODE.

 

 

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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