New Delhi: The Supreme Court Friday batted for framing of a Uniform Civil Code (UCC) for citizens of the country and rued that no attempts have been made to achieve this object despite “exhortations” by the apex court.
The top court observed that Goa is a “shining example” as it has a UCC applicable to all, regardless of religion “except while protecting certain limited rights”.
A bench of justices Deepak Gupta and Aniruddha Bose observed this in a verdict in which it held that the Portuguese Civil Code, 1867 shall govern rights of succession and inheritance in respect of properties of a Goan domicile situated anywhere in the country.
“It is interesting to note that whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard,” the bench said.
“Though Hindu laws were codified in the year 1956, there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations of this court…,” the bench said in its 31-page verdict.
The top court dealt with the question as to whether the Portuguese Civil Code can be said to be a foreign law and the principles of private international law are applicable.
It said that these laws would not have been applicable unless recognised by the Indian government and the Portuguese Civil Code continued to apply in Goa only because of an Act of the Parliament of India.
“Therefore, the Portuguese law which may have had foreign origin became a part of the Indian laws, and, in sum and substance, is an Indian law. It is no longer a foreign law. Goa is a territory of India; all domiciles of Goa are citizens of India; the Portuguese Civil Code is applicable only on account of the Ordinance and the Act referred to above,” the bench said.
It also dealt with another question as to whether the property of a Goan domicile, situated outside the territory of the state, would be governed by the Portuguese Civil Code or by the Indian Succession Act or by personal laws, as applicable in the rest of the country.
