uniform civil code in goa

8/17/2019 Uniform Civil Code in Goa

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Uniform civil code in goa

http://www.goaholidayhomes.com/information/uniform-civil-code-in-goa.html

Goa is the only state in India that regardless of religion has an active and enforced Uniform Civil Code

(UCC) for all citizens even though India has different civil laws for different religious communities. The

Portuguese Civil Code that remains in force even today was introduced in the 1th century in Goa and

wasn!t re"laced after li#eration.

The Uniform civil code in Goa is a "rogressive law that allows e$ual division of income and "ro"erty

regardless of gender #etween hus#and and wife and also #etween children. %very #irth& death and

marriage has to #e com"ulsorily registered.

'or divorce there are severe "rovisions. uslims that have their marriages registered in Goa cannot tae

more than one wife or divorce #y "ronouncing *tala* thrice. +uring the course of marriage all the

"ro"erty and wealth owned or ac$uired #y each s"ouse is commonly held #y the cou"le. %ach s"ouse in

case of divorce is entitled to a half share of the "ro"erty and if one dies& the ownershi" over half of the "ro"erty is retained #y the other.

,ccording to the Uniform Civil Code even if the children (#oth male and female) have got married and

left the house& the other half has to #e divided e$ually among them. Thus the "arents cannot disinherit the

children totally as they can dis"ose only half of the "ro"erty in a will and the rest has to #e com"ulsorily

and e$ually shared amongst the children.


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Goa civil code

From Wikipedia, the free encyclopedia

htt"-en.wii"edia.orgwiiGoa/civil/code

The Goa Civil Code& also called the Goa Family Law& is the set of civil laws that governs the

residents of the Indian state of Goa. In India& as a whole& there are religion0s"ecific civil codes

that se"arately govern adherents of different religions. Goa is an ece"tion to that rule& in that a

single code governs all Goans& irres"ective of religion& ethnicity or linguistic affiliation.213

History

The Goa civil code is largely #ased on the Portuguese Civil Code (Código Civil Português) of

1456& which was introduced in Goa in 1467. 8ater& the code saw some modifications& #ased on-293

• the Portuguese Gentile :indu Usages +ecrees of 1447 (Código de usos e costumes dos

hindus gentios de Goa)

• the Portuguese +ecrees on arriage and +ivorce of 117 ( Lei do Divórcio: Decreto de 3

de Novembro de 1910). ,fter the esta#lishment of the 'irst Portuguese ;e"u#lic& the civil

code was li#eralized to give women more freedom.2hariah ?rganization su""orted themove& #ut it was met with stiff resistance from the uslim @outh Aelfare ,ssociation and the

Goa uslim Aomen!s ,ssociations.2B3

ifferences with the !ndian law

>ome ways in which the Goa Civil Code is different from other Indian laws include-

293

• , married cou"le ointly holds ownershi" of all the assets owned (#efore the marriage) or

ac$uired (after the marriage) #y each s"ouse. In case of a divorce& each s"ouse is entitled

to a half share of the assets. :owever& the law also allows antenu"tial agreements& which

may state a different division of assets in case of a divorce. These agreements also allowthe s"ouses to hold the assets ac$uired #efore marriage se"arately. >uch agreements

http://en.wikipedia.org/wiki/Lawshttp://en.wikipedia.org/wiki/Lawshttp://en.wikipedia.org/wiki/Goahttp://en.wikipedia.org/wiki/Civil_codeshttp://en.wikipedia.org/wiki/Civil_codeshttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Ethnicityhttp://en.wikipedia.org/wiki/Ethnicityhttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-1http://en.wikipedia.org/wiki/Portuguese_Indiahttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Statesman2014-2http://en.wikipedia.org/wiki/First_Portuguese_Republichttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Fatima1996-3http://en.wikipedia.org/wiki/Goa_civil_code#cite_note-4http://en.wikipedia.org/wiki/1961_Indian_annexation_of_Goahttp://en.wikipedia.org/wiki/1961_Indian_annexation_of_Goahttp://en.wikipedia.org/wiki/1961_Indian_annexation_of_Goahttp://en.wikipedia.org/wiki/Portuguese_Civil_Codehttp://en.wikipedia.org/wiki/Shariahhttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Partha2012-5http://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Partha2012-5http://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Statesman2014-2http://en.wikipedia.org/wiki/Marriagehttp://en.wikipedia.org/wiki/Marriagehttp://en.wikipedia.org/wiki/Divorcehttp://en.wikipedia.org/wiki/Divorcehttp://en.wikipedia.org/wiki/Antenuptial_agreementhttp://en.wikipedia.org/wiki/Goahttp://en.wikipedia.org/wiki/Civil_codeshttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Ethnicityhttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-1http://en.wikipedia.org/wiki/Portuguese_Indiahttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Statesman2014-2http://en.wikipedia.org/wiki/First_Portuguese_Republichttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Fatima1996-3http://en.wikipedia.org/wiki/Goa_civil_code#cite_note-4http://en.wikipedia.org/wiki/1961_Indian_annexation_of_Goahttp://en.wikipedia.org/wiki/Portuguese_Civil_Codehttp://en.wikipedia.org/wiki/Shariahhttp://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Partha2012-5http://en.wikipedia.org/wiki/Goa_civil_code#cite_note-Statesman2014-2http://en.wikipedia.org/wiki/Marriagehttp://en.wikipedia.org/wiki/Divorcehttp://en.wikipedia.org/wiki/Antenuptial_agreementhttp://en.wikipedia.org/wiki/Laws


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The Portuguese ruled Goa for =77 years and have left #ehind a universal civil code a""lica#le to

all residents of Goa. Personal law of :indus and uslims is not recognized. ,fter 151 all

Portuguese era laws were re"ealed #y an ,ct of the Indian Parliament& ece"t the civil code of

1456. This is valid even today and is a #eacon to the rest of India

Goa was a colony of Portugal for =77 years till it was li#erated from Portuguese rule #y the

Indian army in 151. +uring these =77 years the Portuguese enforced their own laws. ,fter 151

all Portuguese era laws la"sed and the Indian Parliament etended all Indian laws to Goa.

:owever the Portuguese civil code of 1456& 8aw of marriage 117 and 8aws of +ivorce of 117

and the family laws were not re"ealed and continue to this day.

Ahen the Eritish ruled India they did away with the >haria in all matters ece"t "ersonal law.

Thus the inheritance of "ro"erty and the marriage laws remained as "er the >haria. The

Portuguese went one ste" #etter than the Eritish and enforced a uniform code in all as"ects

including "ersonal law for all citizens of Goa irres"ective of the fact that a "erson is a uslim&

:indu or Christian.

>ome of the #asic "rovisions of the Portuguese civil code which have survived Portuguese rule

are

a) The first is the conce"t of a#solute e$uality irres"ective of the fact that you are a :indu or

uslim.

#) ,ll marriages in Goa are not valid till they are registered. In Goa& marriage is a contract

and civil registration of marriage is mandatory. Thus a marriage solemnized under :indu custom

or uslim law will #e deemed valid only after the marriage is registered. , uslim whose

marriage is registered in Goa cannot tae another wife.

c) The Portuguese civil code recognize that every Goan marries under a system called

Communion of ,ssets& where#y from the time of the marriage the s"ouse ac$uires half

undivided rights in the assets of the other. The uslim law as "er the >haria is not valid in Goa.

d) The >haria law of divorce and = wives is not recognized in Goa. , Goan has "erforce to

have only one wife till he divorces as "er the civil code and marries again. ,ll contentious forms

of divorce lie tri"le Tala$ are not valid in Goa.

,nother as"ect of the civil code "ertains to "ro"erty. Under the Uniform Civil code "arents

cannot disinherit their children as at least half of the "ro"erty "erforce has to #e divided amongst

all children.


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:owever one as"ect of the Goa family laws is contentious. ,s "er the code of 1456 Canonical

marriages are not entitled to a divorce and the a""ro"riate authority is the Church. Eut this law is

declared ultra vires of the Indian constitution and the courts have not a""lied this "roviso of the

code. Inter"retation of Portuguese era laws is difficult as they are drafted in Portuguese language

and have not #een translated into %nglish.

The Goa (Portuguese) 'amily laws are a ste" ahead of the rest of India. The law is a""lica#le to

all citizens of Goa who are su#ect to a uniform civil code unlie in India where se"arate

"ersonal law governs the uslims as "er the >haria.

htt"s-statutory0law.noi.comstatutory0lawthe0"ortuguese0civil0code0of014560is0valid0in0goa0and0the0

sharia0taes0a0#ac0seat

https://statutory-law.knoji.com/statutory-lawthe-portuguese-civil-code-of-1867-is-valid-in-goa-and-the-sharia-takes-a-back-seat/https://statutory-law.knoji.com/statutory-lawthe-portuguese-civil-code-of-1867-is-valid-in-goa-and-the-sharia-takes-a-back-seat/https://statutory-law.knoji.com/statutory-lawthe-portuguese-civil-code-of-1867-is-valid-in-goa-and-the-sharia-takes-a-back-seat/https://statutory-law.knoji.com/statutory-lawthe-portuguese-civil-code-of-1867-is-valid-in-goa-and-the-sharia-takes-a-back-seat/


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Goa's Civil Code

http://mmascgoa.tripod.com/id12.html

There is no question that over 400 years of Portuguese rule have left an indelible imprint on oa . !e

see the colonial period reflected in its "berian architectural style and in many of the customs and traditions

of its people. Part of this cultural heritage# for better or for $orse# depending on ones point of vie$# has

begun to fade over the past thirty%seven years. Today# in a great number of homes and in the academic

arena# as a direct result of the "ndian governments decision to dispense $ith the Portuguese system of

education follo$ing the conquest of 1&'1# the Portuguese language has increasingly been replaced by

(arathi# )on*ani and/or +nglish. ,nd# $hile this transformation has been $elcomed by many native

oans# it has also created an educational vacuum $hich is most noticeable in the realm of -a$.

Perhaps the most valuable living legacy left in oa by the Portuguese is a codified system of -a$: the Portuguese

ode of 1' and the ode of ivil Procedure of 1& $hich encompass the entire spectrum of ivil -a$. "t is a

divided into four sections. Part " contains ,rticles 1 through 1 delineating the basic provisions of the ode# the m

important of $hich is ,rticle # $hich establishes the principles of racial and gender equality. Part "" further develo

provisions. Part """ deals eclusively and comprehensively $ith property rights. Part "3 concerns itself $ith matter

responsibilitiesinfringement of rights and their restitution.


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"n 1&10# $ith the replacement of the monarchy by the epublic in Portugal# substantive changes $ere introduced

of 5amily -a$s. The performance of marriage before the 6ffice of ivil egistration $as made compulsory and on

registered in this $ay $ere considered valid under the -a$. 5or the first time# provisions $ere made permitting div

These la$s $ere applied uniformly to all sections of society and $ere in force in oa in 1&'1.

"n 1&'2# an enactment of the "ndian Parliament# the oa# 7aman and 7iu ,dministration ,ct# provisionally *ept P

civil la$s in force in oa until or unless repealed by the -egislature or another competent authority. Thereafter# $i

passing of a number of other Parliamentary ,cts pertaining to legislation in areas such as ontracts# Transfer of P

+asement ights # egistration and so forth# the corresponding provisions in the ivil ode of oa have been sup

6nly those provisions in the ivil ode pertaining to 5amily -a$s and 8sages have so far survived incursion. Th

the la$s appropriate to marriage/divorce# succession# guardianship# property# Torts# domicile# possession# access#

$ater$ays# among others. 9o$ever# these la$s have yet to be translated into +nglish# the language of the ne$

of la$yers in oa# and so# increasingly# the number la$yers and udges conversant $ith these la$s is on the decli

a significant impediment in the adequate dispensation of ustice.

There are a number of reasons $hy the Portuguese ivil ode is of paramount significance in the "ndian legal con

$ill be addressing only t$o of the most primary here.

The first has to do $ith the concept of absolute equality. 5or the most part# the civil la$s currently in force in oa t

to marriage# divorce# protection of children and succession are non%discriminatory in terms of caste# ethnicity or ge

this is an advantage that does not eist in the rest of "ndia# $here the population is governed by ommon -a$# an

there eists a lacunae $here the protection of the rights of $omen and children are concerned. 8nder Portugues

marriage is a contract and the civil registration of marriage is mandatory. There are four different marital options u

la$community property# absolute separation of property# separation of assets eisting prior to marriage and comm


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property after marriage# and dotal regime. !henever no epress contract $as made# the -a$ of ommunity Prop

automatically applicable. Therefore# marriages that too* place under ommunity Property -a$ $ere considered le

the other three options $ere considered conventional. 9o$ever# since & percent of oan marriages ta*e place u

ommunity Property la$# this is the application most relevant to our discussion. 8nder ommunity Property -a$#

spouse automatically acquires oint o$nership of all assets already in their possession as $ell as those due to the

inheritance. "n other $ords# the total number of assets


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upon the munificence of her e%husbandunder ommunity Property -a$# she is automatically entitled to half of all

The egalitarian nature of the Portuguese ivil -a$s has been lauded by $omens groups throughout "ndia# and is s

starting point for legislative reforms regarding $omens@ rights in the rest of the country.

This brings us to a discussion on the potential of the ivil ode to serve as a basis for the codification of "ndian la

44 of the "ndian onstitution enoins the "ndian -egislature to create a uniform civil code for all "ndiaa constitutiona

$hich has yet to be implemented >0 years after "ndependence. "n light of this deficiency# and in an effort to initiate

and discussion# a conference $as held by the oa# 7aman and 7iu ;ar ,ssociation in 1&&. ,t the time# the then

Austice of "ndia# B.3 handrachud# made the follo$ing observations: "t is heartening to find that the dream of a un

code in the country finds its realiCation in the 8nion Territory of oa# 7aman and 7iu"n my vie$ it $ould be a retro

if oa too $ere to give up uniformity in its personal la$s $hich it no$ possesses. Thereafter# in spite of several sh

and politiciCed attempts made at a local level to repeal oas eisting family la$s in favour of the 9indu ?uccessio

the 9indu (arriage ,ct# the oa ?tate overnment to its credit has repeatedly reected such moves. ecently# in

1&&# another conference $as held in oa $hich brought together a number of legal luminaries from Portugal and

brainchild of ,dvocate (.?. 8sgaocar# currently oas ,dvocate eneral# the conference $as organiCed by the 3a

7empo entre of "ndo%Portuguese ?tudies in collaboration $ith the Ordem dos Advogados de Portugal and in ass

$ith the ;ar ouncil of (aharashtra and oa. "t $as dedicated to the memory of 7r. -uis da unha onsalves#

The Treatise of Civil Law, an ehaustive study of the Portuguese ivil ode of 1'# and today considered by sch

Portuguese -a$ as a magnum opus $ithout equal in urisprudence. 5or three days# some of the leading legal mi

and Portugal# $hich included the hief Austice of "ndia and the ,ttorney eneral of Portugal# came together # pres

papers to a pac*ed auditorium and entering into dynamic echange of information on topics ranging from (arital

Property under the ivil ode# to a comparative analysis of the Portuguese ivil odes of 1' and 1&''# to the !

Aurisdiction and ,dministrative -a$ as practiced in "ndia.

6ne of the most gratifying results of the conference $as the resolution to encourage the ?tate overnment of oa


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endorse the entire ivil ode of 1' and ivil Procedure of 1&& follo$ing its complete translation from Portugue

+nglish. Those "ndian la$yers hitherto unfamiliar $ith the ivil ode# proposed its use as a basis for the codificati

entire system of "ndian -a$. ,nd the Portuguese delegates $ere inspired by the discovery of !rit Aurisdiction and

potential for application in Portugal. ,ll the delegates epressed the desire for a follo$%up conference.

The enormous benefits of echanges of this nature cannot be denied. Dot only do they broaden the horiCons of th

participate# but frequently# they galvaniCe further activity. The upcoming Bouth ?tudy Tour organiCed by the "ndo%P

5riendship ?ociety # and those tours to follo$# $ill provide an ecellent opportunity for students of -a$ to eamine

depth the Portuguese ivil ode of 1' and the amendments that $ere ratified in 1&'' for the purposes of comp

study. "t is the hope of many that this salubrious climate of cultural and intellectual dialog $ill continue to flourish

"ndia and Portugal.

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uniform civil code in goa

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