|
|
| (One intermediate revision by one other user not shown) |
| Line 1: |
Line 1: |
| 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]].<ref>{{Cite web|title=SC's example of Goa as a state with a Uniform Civil Code is inconsistent with Article 44|url=https://indianexpress.com/article/opinion/columns/uniform-civil-code-supreme-court-article-44-6004340/|access-date=2021-12-05|website=The Indian Express|language=en}}</ref><ref>{{Cite web|title=Goan Civil Code a shining example of Indian democracy|url=https://www.outlookindia.com/newsscroll/goan-civil-code-a-shining-example-of-indian-democracy/1619379|url-status=live|access-date=2021-12-05|website=[[Outlook India]]}}</ref> The Goan civil code was introduced after [[Portuguese Goa and Damaon]] were elevated from being mere [[Portuguese colonies]] to the status of a ''[[Província Ultramarina]]'' ([[Overseas possession]]) in 1869 AD.<ref name="thehinducentre.com">{{Cite web|last=Mathew|first=C. K.|title=Uniform Civil Code: The Importance of an Inclusive and Voluntary Approach|url=https://www.thehinducentre.com/publications/issue-brief/article29796731.ece|access-date=2021-12-05|website=The Hindu Center|language=en}}</ref> The Goan civil code is a Indianised variant of [[Portuguese Civil Code|Portuguese legal system]] that draws largely from [[Code Napoleon]], a common legal system in a number of [[Continental Europe]]an nations,<ref name="thehinducentre.com"/> [[Indian law]] mostly derives from [[English common law]] that was formulated and applied in [[British India]], and remains pegged to developments in the "Charter of the [[British Commonwealth]]". With a number of amendments, post the [[Partition of India]], Indian laws as a whole, have religion-specific [[civil codes]] that separately govern adherents of different religions; (like the [[Muslim personal law|Muslim]] and [[Hindu personal law|Hindu personal laws]],) and also has [[caste reservation]]s. Goa and Damaon are an exception to that rule, in that a single code governs all the native [[Goans]] and the native Damanese of [[Damaon, Diu& Silvassa]], irrespective of affiliation to [[religion]], [[ethnicity]]& [[social strata]].<ref>{{cite book|author1=Nandini Chavan|author2=Qutub Jehan Kidwai|title=Personal Law Reforms and Gender Empowerment: A Debate on Uniform Civil Code|url=https://books.google.com/books?id=QIMp5ctu_ngC&pg=PA245|access-date=17 January 2014|year=2006|publisher=Hope India Publications|isbn=978-81-7871-079-2|page=245}}</ref> [http://goaprintingpress.gov.in/downloads/1819/1819-29-SI-OG-0.pdf The English translation of the civil code]| is available on the Government of Goa's [http://goaprintingpress.gov.in/ e-Gazette]| dated 19/10/2018.<ref>{{Citation|work=[[The Navhind Times]]|title=Translated Portuguese Civil Code published in official gazette|url=http://www.navhindtimes.in/translated-portuguese-civil-code-published-in-official-gazette/|access-date=2018-10-24}}</ref>
| | #REDIRECT [[Goa Civil Code]] |
|
| |
|
| == History ==
| | {{Redirect category shell| |
| | | {{R from move}} |
| The Goa civil code is largely based on the [[Portuguese India|Portuguese]] Civil Code (''Código Civil Português'') of 1867, which was introduced in Goa in 1870 (by a Decree of 18 November 1869, the Civil Code of 1867 was extended to the Overseas Provinces of Portugal <ref>See: [https://www.fd.ulisboa.pt/wp-content/uploads/2014/12/Vicente-Dario-Moura-The-Civil-Code-in-Portugal-and-Goa-Common-Heritage-and-Future-Prospects.pdf Vicente, Dario Moura. The Civil Code in Portugal and Goa: Common Heritage and Future Prospects. — P. 5.]</ref>). Later, the code saw some modifications, based on:<ref name="Statesman2014"/>
| | }} |
| | |
| * the Portuguese Gentile Hindu Usages Decrees of 1880 (''Código de usos e costumes dos hindus gentios de Goa'')
| |
| * the Portuguese Decrees on Marriage and Divorce of 1910 (''Lei do Divórcio: Decreto de 3 de Novembro de 1910''). After the establishment of the [[First Portuguese Republic]], the civil code was liberalized to give women more freedom.<ref name="Fatima1996">{{cite book |author=Fatima da Silva Gracias |title=Kaleidoscope of Women in Goa, 1510-1961 |url=https://archive.org/details/kaleidoscopeofwo0000silv |url-access=registration |publisher=Concept Publishing Company |isbn=978-81-7022-591-1 |pages=[https://archive.org/details/kaleidoscopeofwo0000silv/page/90 90]–}}</ref>
| |
| * the Portuguese Decrees on Canonical Marriages of 1946 (''Decreto 35.461: regula o casamento nas colónias portuguesas'')<ref>{{cite web|title=Decreto 35.461: regula o casamento nas colónias portuguesas|url=http://www.dre.pt/pdf1s/1946/01/01500/00430048.pdf |access-date=2014-09-05}}</ref>
| |
| | |
| The civil code was retained in Goa after its [[1961 Indian annexation of Goa|merger]] with the Indian Union in 1961, although in Portugal, the original Code was replaced by the new [[Portuguese Civil Code]] of 1966. In 1981, the Government of India appointed a Personal Law Committee to determine if the non-uniform laws of the Union could be extended to Goa. The Goa Muslim [[Shariah]] Organization supported the move, but it was met with stiff resistance from the Muslim Youth Welfare Association and the Goa Muslim Women's Associations.<ref name="Partha2012">{{cite book |author=Partha S. Ghosh |title=The Politics of Personal Law in South Asia: Identity, Nationalism and the Uniform Civil Code |url=https://books.google.com/books?id=YwvaaHI8sjEC&pg=PA19 |publisher=Routledge |isbn=978-1-136-70511-3 |pages=19–22}}</ref>
| |
| | |
| == Differences with the Indian law ==
| |
| | |
| Some ways in which the Goa Civil Code is different from other Indian laws include:<ref name="Statesman2014"/>
| |
| | |
| * A married couple jointly holds ownership of all the assets owned (before the [[marriage]]) or acquired (after the marriage) by each spouse. In case of a [[divorce]], each spouse is entitled to a half share of the assets. However, the law also allows [[antenuptial agreement]]s, which may state a different division of assets in case of a divorce. These agreements also allow the spouses to hold the assets acquired before marriage separately. Such agreements cannot be changed or revoked. A married person cannot sell the property without the consent of his/her spouse.
| |
| * The parents cannot [[disinherit]] their children entirely. At least half of their property has to be passed on to the children compulsorily. This inherited property must be shared equally among the children.
| |
| * [[Muslim]] men, who have their marriages registered in Goa, cannot practice [[polygyny in Islam|polygamy]]. Also, there is no provision for a [[triple talaq in India|verbal divorce]].
| |
| | |
| == Uniformity ==
| |
| | |
| The Goa Civil Code is not strictly a [[uniform civil code]], as it has specific provisions for certain communities. For example:<ref name="Statesman2014">{{cite news |url=http://www.thestatesman.net/news/54625-uniform-and-civil.html |title=Uniform and civil |newspaper=The Statesman |author=Vivek Jain and Shraddha Gupta }}</ref><ref name="Partha2012"/>
| |
| | |
| * The [[Hinduism|Hindu]] men have the right to [[bigamy]] under specific circumstances mentioned in ''Codes of Usages and Customs of Gentile Hindus of Goa'' (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits bigamy.
| |
| * The [[Roman Catholic]]s can solemnize their marriages in church after obtaining a No Objection Certificate from the Civil Registrar. For others, only a civil registration of the marriage is accepted as a proof of marriage. The Catholics marrying in the church are excluded from divorce provisions under the civil law.
| |
| * For Hindus, divorce is permitted only on the grounds of [[adultery]] by the wife.
| |
| * The law has inequalities in case of [[adoption|adopted]] and [[Legitimacy (family law)|illegitimate]] children.
| |
| | |
| == References ==
| |
| {{reflist}}
| |
| | |
| {{Goa topics}}
| |
| | |
| [[Category:Government of Goa]]
| |
| [[Category:Indian family law]]
| |
| [[Category:Social history of Goa]]
| |
| [[Category:Civil codes]]
| |
This page is a redirect. The following categories are used to track and monitor this redirect: