Thus far, we have seen what the constitution and the courts say about a common civil code and also seen how it does not target any single community. One main sentiment that we have seen in our discussions that most of our friends expressed is the difficulty of coming up with a solution that is acceptable to all. Now, the main issue of practicality of coming up with such a solution was attributed to the cultural diversity of India and how in the world can a common civil code reflect the collective morality of the nation. Is a unified civil law possible only in countries with fairly uniform demographics or is it possible in a country like India?

Well, there is good news! We do not have to look far for that. Not many people are aware of the fact that the state of Goa has a unified civil code within the state called ‘Family Laws’ that is accepted by all communities – Hindus, Christians, Muslims and others. This Goan civil code is of absolute importance to the rest of India. The main feature of the Goan family laws is the concept of absolute equality. This set of laws is non-discriminatory to all regardless or gender, cast, ethnicity and religion.

In the rest of India, a divorced woman, be her a Hindu or Muslim, may not even be entitled for any support or maintenance and even if she gets some, she is allowed only a paltry sum of fifty rupees a month. However, by the Goan law, according to legal experts, men and women have equal rights in affairs of divorce, separation, share of couple’s property, succession, guardianship of children, gifts and adoption. This equality can be attributed to its roots of the original Portuguese family laws. that most notably, were carried over to their colonies very unlike how the British went about in their colonies.

Nonetheless, I should admit that there are some discrepancies in the Goan law like the one in which law sanctions a second marriage for the Hindu husband if the first wife has not delivered an issue till the age of 25 or (even worse) if she has not delivered a male issue till the age of 30. Nevertheless, once these ridiculous provisions are corrected, we can use the Goan Family law as a good reference or guidance while coming up with a unified civil code that is acceptable to all.

It is also to be noted that some Muslim fundamental clergies have tried to revoke this Goan Family law and demanded for the Muslim Personal law of the rest of India to be put in place. Yet, there was a counter movement against this and in the end the liberal Muslims were found to be in majority in Goa and the attempts by these mullahs to extend Sharia law to Goa were thwarted.

In conclusion, we should all work together to achieve the constitutional mandate of implementing a unified civil code in the country. We should all let go of the fears and be strong for this. It is not just about any one community. It is about enacting a legislation that is sixty years overdue. The leadership for this could well be taken by the Congress party who can take care of the concerns about minority rights, that they  themselves always come up with, as an excuse for not conforming this guidance of the Constitution. Remember, Goa is a diverse state, with bigger minority populations than national average and still such a law has proven its merits over many many decades.

If this worked in Goa, can we not get it done anywhere else? Give me one good reason why we cannot make it work?

Sources:

1. Goa’s Civil Code (The Family Laws)

2. Goa: A success story of a unified civil code.

3. Goa’s Civil Code

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