Colonial Legacy And The Uniform Civil Code Of Goa
- IJLLR Journal
- Sep 2
- 1 min read
S.Nivetha, B.B.A. LL.B. (Hons.), LLM, University of Madras
ABSTRACT
The Uniform Civil Code (UCC) in Goa represents a singular and progressive legal framework in India, offering a uniform set of civil laws applicable to all citizens irrespective of religion. Unlike the rest of the country, where personal laws are religion-specific—such as the Hindu Marriage Act (1955), Hindu Succession Act (1956), Muslim personal law, Indian Christian Marriage Act (1872), and Parsi Marriage and Divorce Act (1936)—Goa’s UCC ensures legal uniformity, equality, and clarity in matters of marriage, inheritance, property rights, divorce, and adoption. The origins of this system lie in the Portuguese Civil Code of 1867, introduced during colonial rule, which continued after Goa’s liberation and was incorporated under the Goa, Daman, and Diu Administration Act, 1962. Key features of the Goan UCC include compulsory marriage registration, monogamy, joint ownership of property, equal inheritance rights, recognition of interfaith marriages, and legally enforceable prenuptial agreements (ante-nuptial contracts). These provisions have strengthened gender equality, ensured protection of women’s rights, and simplified legal processes across communities. However, the system is not without limitations, including some outdated provisions and minor religious exceptions, reflecting its historical origins. This article critically examines the historical context, implementation, and legal impact of Goa’s UCC, evaluates its merits and demerits, and explores its potential as a model for the nationwide implementation of a Uniform Civil Code in India. The study also emphasizes the need to modernize the code to address contemporary social realities while respecting religious diversity and constitutional principles.
Keywords: Goa Family law, personal laws, inheritance rights, Gender equality and article 44 of the Indian Constitution.
