The Portuguese Civil Code of 1867 is a colonial burden on Goa

Source: The post is based on an article “The Portuguese Civil Code of 1867 is a colonial burden on Goa” published in the Indian Express on 12^th August 2022.

Syllabus: GS 2 Important Provisions of the Constitution of India

Relevance: Uniform Civil Code

News: Recently, a 28-member parliamentary standing committee visited Goa to study it in the context of the demand for a uniform civil code. The ministry of law has told the standing committee, that if the Portuguese Civil Code of 1867 of Goa, requires review it must be looked into.

Case of Uniform Civil Code in Goa, Daman, and Diu

The Portuguese had occupied and established the Portuguese State of India in Goa, Daman, and Diu. They did not interfere with the local customs relating to family relations. Therefore, framed three separate codes of religion-based customary laws prevalent in Goa, Daman, and Diu.

One of them was the Portuguese Civil Code of 1867 which was extended to Goa, Daman, and Diu for the native subject.

Fourteen years after the advent of Independence, Goa and its affiliated territories were liberated and turned into a Union Territory (UT). Thereafter, the Goa, Daman, and Diu Administration Act of 1962 was enacted by the government which declared that all laws in force in the Goa, Daman, and Diu before their liberation would continue to be in force until amended or repealed.

Since then, the government has not made any significant amendments or repealed the pre-liberation family laws. Further, the Central governments have also not extended any central law on family rights, including the four Hindu law Acts of 1955-56, to any of the three territories.

The Government’s Stand

The Union Law Ministry has told the concerned standing committee of Parliament that the Portuguese civil code and its later amendments as in force in Goa may be reviewed if required.

Constitutional Mandate of Civil Codes in India

Article 44 of the Constitution of India requires the Central or State governments to endeavor toward enacting a uniform civil code (UCC) for the citizens throughout the territory of India.

What should be done?

The 21st Law Commission had given its opinion against the feasibility and need of such a code at this juncture.

The Law Ministry has told the parliamentary committee that enacting a uniform civil code would be possible only when a “sizeable majority” of the people seeks such a change in their personal laws.