No Attempts Made To Frame Uniform Civil Code In India: Supreme Court

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The Supreme Courtroom batted for framing of a Uniform Civil Code (UCC) for residents of the nation.

New Delhi: 

The Supreme Courtroom on Friday batted for framing of a Uniform Civil Code (UCC) for residents of the nation and rued that no makes an attempt have been made to realize this object regardless of “exhortations” by the highest court docket.

The highest court docket noticed that Goa is a “shining example” because it has a UCC relevant to all, no matter faith “except while protecting certain limited rights”.

A bench of justices Deepak Gupta and Aniruddha Bose noticed this in a verdict by which it held that the Portuguese Civil Code, 1867 shall govern rights of succession and inheritance in respect of properties of a Goan domicile located anyplace within the nation.

“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 stated.

“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 stated in its 31-page verdict.

The highest court docket handled the query as as to if the Portuguese Civil Code could be stated to be a overseas legislation and the ideas of personal worldwide legislation are relevant.

It stated that these legal guidelines wouldn’t have been relevant until recognised by the Indian authorities and the Portuguese Civil Code continued to use in Goa solely due to 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 stated.

It additionally handled one other query as as to if the property of a Goan domicile, located exterior the territory of the state, could be ruled by the Portuguese Civil Code or by the Indian Succession Act or by private legal guidelines, as relevant in the remainder of the nation.

“There are no Goan citizens; there can be domiciles of Goa but all are citizens of India. As Indian citizens, under Article 19 of the Constitution, they are free to move to any part of the country, reside there and buy property subject to the local laws and limitations,” the bench famous.

It stated that the Portuguese Civil Code, being a particular Act relevant solely to domiciles of Goa, could be relevant to Goan domiciles in respect to all of the properties inside and outdoors Goa.

The simmering debate over the UCC hit the headlines in 1985 after the Supreme Courtroom had awarded upkeep to 60-year-old divorcee Shah Bano.

This judgement was referred to within the current case together with one other judgement of 1995 in Sarla Mudgal case which offers with problem of bigamy, battle between the non-public legal guidelines present on issues of marriage.

The Sarla Mudgal case is taken into account as a landmark verdict which highlighted the necessity for a UCC.

On July 23, 2003, an prime court docket bench led by the then CJI V N Khare had stated that Article 44 was primarily based on the premise that there was no mandatory connection between non secular and private legislation in a civilised society.

On October 12, 2015, whereas coping with a divorce case beneath the Christian Divorce Act, a Supreme Courtroom bench headed by the then Justice Vikramajit Sen had requested the federal government to take a fast resolution on the UCC to finish the confusion over private neighborhood legal guidelines. 

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