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CJI Bobde Needs to Know That Goa Family Laws Are Not at All Uniform or Equal
Recently, CJI S.A. Bobde hailed the uniform civil code of Goa, pointing out that it is what constitutional makers had indeed envisaged, touching upon the contentious issue.
Chief Justice of India S.A. Bobde. Photo: PTI
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Goaâs Uniform Civil Code (UCC) is neither uniform nor exactly a shining example of a progressive law, given the fact that it discriminates on the basis of gender, even in allowing polygamy for Hindus, amongst other things. Thus, it was surprising to see the claim of uniformity in the spotlight again, after Chief Justice of India (CJI) S. A. Bobde alluded to it when inaugurating the new building of the high court of Bombay at Goa on March 27.
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Three of the PILs filed by Upadhyay deal with the issues of uniform adoption laws; uniform divorce, maintenance and alimony law; and succession and inheritance rights. The fourth one seeks transfer of petitions from various high courts to the SC on the issue of uniform minimum age for marriage for all religious communities.
In its famous Shah Bano judgment in 1985, the SC had said, “A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.” A decade later, in the Sarla Mudgal case, it had said, “Where more than 80% of citizens have already been brought under codified personal law, there is no justification whatsoever to keep in abeyance, any more, the introduction of uniform civil code for all citizens in India.” In its 2003 judgment in Vallamattom case, the SC had highlighted the desirability of achieving the goal set by Article 44 of the Constitution.
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