{"id":199848,"date":"2022-08-12T18:50:13","date_gmt":"2022-08-12T13:20:13","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=199848"},"modified":"2022-08-12T18:50:13","modified_gmt":"2022-08-12T13:20:13","slug":"the-portuguese-civil-code-of-1867-is-a-colonial-burden-on-goa","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-portuguese-civil-code-of-1867-is-a-colonial-burden-on-goa\/","title":{"rendered":"The Portuguese Civil Code of 1867 is a colonial burden on Goa"},"content":{"rendered":"\n

Source:<\/strong> The post is based on an article \u201cThe Portuguese Civil Code of 1867 is a colonial burden on Goa\u201d<\/strong> published in the Indian Express<\/strong> on 12th<\/sup> August 2022<\/strong>.<\/p>\n

Syllabus: <\/strong>GS 2 Important Provisions of the Constitution of India<\/p>\n

Relevance: <\/strong>Uniform Civil Code<\/p>\n

News: <\/strong>Recently, a 28-member parliamentary standing committee<\/strong> 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<\/strong> of Goa, requires review it must be looked into.<\/p>\n

Case of Uniform Civil Code in Goa, Daman, and Diu<\/strong><\/h5>\n

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

One of them was the Portuguese Civil Code of 1867<\/strong> which was extended to Goa<\/strong>, Daman,<\/strong> and Diu<\/strong> for the native subject.<\/p>\n

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<\/strong> was enacted by the government which declared that all laws in force in the Goa, Daman, and Diu before their<\/strong> liberation<\/strong> would continue to be in force<\/strong> until amended or repealed.<\/p>\n

Since then, the government has not made any significant amendments or repealed the pre-liberation family laws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

The Government\u2019s Stand<\/strong><\/h5>\n

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

Constitutional Mandate of Civil Codes in India<\/strong><\/h5>\n

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.<\/p>\n

What should be done?<\/strong><\/h5>\n

The 21st Law Commission<\/strong> had given its opinion against the feasibility and need of such a code at this juncture.<\/p>\n

The Law Ministry has told the parliamentary committee<\/strong> that enacting a uniform civil code would be possible only when a \u201csizeable majority\u201d of<\/strong> the people seeks such a change in their personal laws.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on an article \u201cThe Portuguese Civil Code of 1867 is a colonial burden on Goa\u201d published in the Indian Express on 12th 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… Continue reading The Portuguese Civil Code of 1867 is a colonial burden on Goa<\/span><\/a><\/p>\n","protected":false},"author":10343,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-199848","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":2,"cached_at":"","cached_date":1700584909},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/199848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10343"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=199848"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/199848\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=199848"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=199848"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=199848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}