INTRODUCTION
The idea of a uniform civil code made an impressionable image in the mind of drafters of the Indian constitution, which can be distinctly seen in the constitutional schemes. Envisioned under Article 44 as the Directive Principles of State Policy,[1] the UCC reflects a constitutional aspiration for a single set of legal statutes governing personal and family law in India. The Supreme Court has repeatedly emphasised that these aspirations must be pursued in harmony with fundamental rights, which protect citizens’ religious freedom and personal liberty. There has also been a lot of criticism linked to the idea of UCC, citing it as harming the religious and cultural diversity of the country.
The political debate around the issue got reignited again with the implementation of the uniform civil code in the state of Uttarakhand. While the UCC in force in Uttarakhand is a newer law with the latest cultural and social problems in mind, it is often compared to the century-old Goa Civil Code. While both frameworks aim to regulate and develop uniformity across religious communities in matters of marriage, divorce, inheritance, succession, etc.
This blog will compare and contrast the Goa Civil Code and the Uttarakhand Uniform Civil Code, examining their parallels, distinctions, and broader constitutional implications. The analysis focuses on how each framework approaches uniformity and what its coexistence reveals about the changing discourse on civil law reform in India, rather than evaluating which model is better.
UNIFORM CIVIL CODE
Uniform Civil Code for the citizens: The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
The uniform civil code refers to a common body of civil law applicable to all citizens in personal matters, replacing the current system of religion-based personal laws. The provisions mentioned under Article 44 of the Constitution, among the directive principles of state policy, are not justiciable in nature.[2] This provision reflects the features that the constitution makers wanted India to adopt, but were limited by the conditions at that time. These articles hold pervasive value and reflect a balance between secular governance and religious freedom.
There have been multiple judicial cases supporting the need for a Uniform code such as in the case of Shah Bano[3], where the court superseded the Muslim law by the criminal procedure code by the use of Section 125[4] to grant maintenance to the Muslim woman, and the case of Sarla Mudgal, where the Supreme Court of the country highlights that no religion permits deliberate distortions. But religious practices violative of human rights and dignity and sacerdotal suffocation of essentially civil and material freedoms, are not autonomy but oppression. Therefore, a unified code is imperative both for the protection of the oppressed and the promotion of national unity and solidarity[5] and many other judgments which uphold similar values.
THE UTTARAKHAND’S UNIFORM CIVIL CODE
The Uttarakhand Uniform Civil Code is the first formal legislative attempt towards the enactment of the UCC after independence. The code governs marriage, divorce, maintenance, inheritance, adoption, guardianship, and the legitimacy of the children born out of wedlock. One of the distinct and novel features is the mandatory registration of marriages and live-in relationships, irrespective of the religious customs. While the solemnisation of marriage is still conducted in accordance with religious rituals, state recognition is important.
The new code prohibits polygamy, reinforces the statutory ban on triple talaq, and abolishes practices like nikah-halala and iddat-based restrictions. The new code sets the minimum legal age of marriage at 18 for women and 21 for men. The act also ensures that women across all religions have equal property and inheritance rights.
The divorce proceeding can be initiated from both sides equally under the code, and the grounds for dissolution are cruelty, adultery, and mutual consent. The divorce provisions are gender-neutral and uniform; the law permits gender-neutral maintenance, allowing either partner to apply if they are unable to maintain themselves, with the court having the decision-making power regarding the justness and reasonableness of the request and the amount of maintenance.
But despite these revolutionary provisions that enhance gender equality and provide for equal representation by women, the law lacks manifold provisions and has faced criticism for this. The law has been criticised by the minority groups as not accommodating religious freedom under Article 25[6] and being heavily based on Hindu personal laws, intruding into the personal and religious autonomy of individuals. The non-inclusiveness of the scheduled tribes within its jurisdiction is also being criticised as it goes against the goal of UCC[7].
Additionally, there are also issues of administrative capacity about the implementation of the registration procedures, also focusing on applicability in rural areas. The bill doesn’t have any mention about guardianship, perpetuating gender biased practices under the current legislation, which is in contradiction to the suggestions of the Law Commission on parental rights. Adoption provisions are also not dealt with properly, resulting in inconsistencies between the Hindu Act and the juvenile justice laws.[8] The criminalisation approach of the Bill in enforcing laws, especially in live-in relationships, is a cause for alarm, of differential impact on interfaith and inter-caste couples. Forced registration of live-ins is extremely invasive, with declarations to registrars and local authorities, subjecting people to moral policing, intrusions into privacy, and possible harassment[9]. Provisions for maintenance are gendered, restricted to women.
GOA CIVIL CODE
Goa is the first state to have an enforceable uniform civil code in India, derived from the Portuguese civil code of 1867. The Goa, Daman, and Diu Administration Act 1962 kept the Code in effect even after Goa became free in 1961. This law kept all laws that were already in place until they were changed or repealed.
Under this legislation, all residents, irrespective of their religion, are governed under the code in matters of inheritance, marriage, divorce, and succession. This system mandates compulsory registration of marriages, recognises pre-nuptial agreements, and ensures joint ownership of property by both spouses. Divorce provisions are secular and gender neutral, permitting dissolution on uniform, equal grounds.[10]
However, certain clauses are in favour of the Catholics, such as requiring Church sanction for divorce, indicating that even a uniform code requires contextual flexibility[11]. The code also allows for a Hindu man to remarry under limited circumstances, relating to the absence of children, a provision introduced during the Portuguese time. Although the state government maintains the provision as long redundant and unused.
Legal scholars and women’s rights activists have stated that uniformity does not automatically translate into equality, especially when such laws are unevenly enforced and do not reflect the social realities of the people.
COMPARISON BETWEEN GOA AND UTTARAKHAND
The most significant difference between the two models lies in their mode of evolution, where the Goa civil code has developed organically through gradual changes in social practice and judicial interpretation.[12] In contrast to the revolutionary Uttarakhand’s Uniform Civil Code, which reflects legislative immediacy and relies completely on statutory mandates and criminal sanctions to enforce implementation. While Goa’s model demonstrates how a common civil framework can coexist with limited contextual flexibility, Uttarakhand’s approach raises questions about whether uniformity imposed without sufficient social consensus can achieve its intended goals.
CONCLUSION
The comparison between the Goa Civil Code and the Uttarakhand Uniform Civil Code reveals that the debate on the UCC is not merely about the uniformity of the law or its implementation. The Goa model is continuity-driven, shaped by history and social adaptation, whereas the Uttarakhand model represents a sudden, contemporary attempt to establish uniformity in legislation. As India continues to develop, the aspiration under Article 44 will only be successful if the civil framework is able to adapt itself and allows limited flexibility. However, the effectiveness of the UCC cannot be measured by the intent of its makers. Its success is still largely dependent on issues of individual liberty, administrative capacity, social acceptance, and constitutional validity. The very ideals of equality and justice that uniformity aims to advance run the risk of being undermined if they are enforced without sufficient protections.
Author(s) Name: Anshika Singh (Symbiosis Law School, Pune)
References:
[1] Constitution of India 1950, art 44
[2] Kirti Pallavi and Bba Llb, ‘Indian Journal of Law and Legal Research EVOLUTION of UCC in INDIA: HISTORICAL BACKGROUND, CURRENT SCENARIO and ANTICIPATED RECOMMENDATIONS Nirlipta Mohanty, BBA LLB, KIIT School of Law’ (2026) <https://3fdef50c-add3-4615-a675-a91741bcb5c0.usrfiles.com/ugd/3fdef5_fc475d3fb5c54448b939e9311eecfb52.pdf> accessed 27 January 2026.
[3] ‘Mohd. Ahmed Khan v. Shah Bano Begum’ (LII / Legal Information Institute2025) <https://www.law.cornell.edu/gender-justice/resource/mohd_ahmed_khan_v_shah_bano_begum> accessed 28 January 2026.
[4] Code of Criminal Procedure 1973, s 125
[5] Sarla Mudgal v. Union of India, (1995) 3 SCC 635
[6] Constitution of India 1950, art 25
[7] Manupatra, ‘Articles – Manupatra’ (Manupatra.com2024) <https://articles.manupatra.com/article-details/Decoding-the-Uniform-Civil-Code-A-Critical-Analysis-of-Uttarakhand-s-Landmark-Legislation> accessed 28 January 2026.
[8] zahid maniyar, ‘The Uniform Civil Code (UCC) of Uttarakhand: Advancement in Gender Justice or Violating Individual Liberties?’ (CJP31 January 2025) <https://cjp.org.in/the-uniform-civil-code-ucc-of-uttarakhand-advancement-in-gender-justice-or-violating-individual-liberties/> accessed 28 January 2026.
[9] Falguni Goswami, Uniform Civil Code (UCC): History & Evolution. All You Need to Know, JAGRAN JOSH (Oct. 10, 2023), available at https://www.jagranjosh.com/articles/uniform-civil-code-ucc-history-and-evolution-all-you-need-to-know-1689335957-1 (accessed 27 January 2026)
[10] Elgar Noronha, ‘Portuguese Civil Code: The Silent Law That Unites Goa, Daman and Diu’ (Frontline27 July 2023) <https://frontline.thehindu.com/the-nation/portuguese-civil-code-the-silent-law-that-unites-goa-daman-and-diu/article67093492.ece> accessed 27 January 2026.
[11] ‘PORTUGUESE CIVIL CODE, 1867 Official Translation with Notes’ (2026) <https://www.indiacode.nic.in/bitstream/123456789/8312/1/ocrportuguesecivilcode.pdf>.Accessed 27 january 2026
[12] ‘Explained: The Goa Civil Code, the New Model for a Uniform Civil Code’ (Hindustan Times12 May 2022) <https://www.hindustantimes.com/india-news/explained-the-goa-civil-code-the-new-model-for-a-uniform-civil-code-101652304333768.html> accessed 27 January 2026.
