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Subject: NEWS-GOA: Goa: A success story in uniform civil
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http://www.outlookindia.com/pti_news.asp?id=107963

PTI

Goa: A success story in uniform civil code

DEVIDAS GUPTA NEW DELHI, DEC 29 (PTI)
Although Article 44 of the Directive Principles of State Policy enshrined in
the Indian Constitution lays down that the "State shall endeavour to secure for
citizens a Uniform Civil Code throughout the territory of India," government
after government at the Centre has shied away from passing a legislation to
this effect.

Not many people in India know, however, that a Uniform Civil Code exists in Goa
which is accepted by all communities-- Hindus, Christians, Muslims and others.

The Goa Civil Code, collectively called Family Laws, was framed and enforced by
the Portuguese colonial rulers through various legislations in the 19th and
20th centuries. After the liberation of Goa in 1961, the Indian State scrapped
all the colonial laws and extended the Central laws to the territory but made
the exception of retaining the Family Laws because all the Goan communities
wanted it.

Former Chief Justice of India Y V Chandrachud commented that "the dream of a
uniform civil code in the country finds its realisation" in Goa, expressing
hope that it would one day "awaken the rest of bigoted India and inspire it to
emulate Goa.

"Although a common civil code has functioned for more than four decades in Goa,
in the rest of the country every religious community is governed by its
specific civil code," observes Arun Sinha, in a recently published book : "Goa
India: A Critical Potrait of Post Colonial Goa". "But in Goa religion is
neutral to the common civil code." Goa's Civil Code is a guarantee against
ill-treatment of the wife by the husband, since she has an equal claim to all
the properties held by him and can make him suffer by forcing dissolution of
the marriage.

The philosophy behind the Portuguese Civil Code was to strengthen the family as
the backbone of society by inculcating a spirit of tolerance between husband
and wife and providing for inbuilt safeguards against injustice by one spouse
against the other, says Sinha.

The most woman-friendly attribute of the civil code is this: All the properties
brought by either of the spouses by gift, succession or a previous exclusive
right from before the marriage as well as all the properties acquired or earned
by either of them during the subsistence of the marriage were to be held as
common property by the two spouses till the dissolution of their marriage by
death, divorce or separation.

In the rest of the country, the personal laws of the communities give unequal
rights to women, making them vulnerable to the whims of the husbands and the
manipulation of loopholes in the legislations by them. The Muslim Personal Law
is loaded against wives, who are often reduced to beggary and destitution.

But the personal laws of other communities in the rest of the country too do
not favour women. A divorced Hindu woman, for instance, might not get any
mainteannce or be allowed by law just a ridiculous sum of twenty or fifty
rupees a month as alimony.

In contrast, the Goa code gives equal rights to men and women in affairs of
divorce, separation, share of couple's property, succession, guardianship of
children, gifts and adoption, say legal experts.

However, there are certain inequities embedded in the Goa's family laws, says
Sinha in his book.

For instance, he says one 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. "This is an absurd
and outdated provision, considering that neither the Constitution nor the
liberal society sanctions gender inequality," the book notes.

The orthodox Islamic clergy in India made several attempts in the past to get
Goa's Civil code scrapped and the Muslim Personal Law extended to the State. In
the early 1980s, they began an agitation in the state on the issue, taking
support from a Muslim Minister in the then Government.

However, a strong counter movement erupted, led by a young Muslim woman called
Rashida Muzawar, who was a first year student of law whose fiery speeches
against the obscurantist Mullahs began to draw huge crowds. For almost a year,
street demonstrations and mosque congregations for and against the extension of
the Shariat Law to Goa continued.

Ultimately, the liberal Muslims were found in an overwhelming majority in Goa
who insisted on the continuation of the common civil code.

Justice Chandrachud had remarked "... A uniform Civil code (in the country)
remains today a distant goal. In my view it would be retrogate step if Goa too
were to give up uniformity in its personal laws which it now possseses.



--
*****************************
Frederick Noronha Journalist
Ph 832.2409490 or 2409783
Saligao 403511 Goa India
*****************************
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Re: NEWS: Goa still groping to find out size and diaspora

---------------------------------------------------------- Archives: http://groups.yahoo.com/group/goa-net/ http://groups.yahoo.com/group/Goanet2003/ ---------------------------------------------------------- Rozario, you said: "I plan to end my side of the debate here."Good for you. Jesus said ". .  neither cast ye your pearls before swine, lest they trample them under their feet . ." It is time to heed the word of the wise. Tim de Mello timdemello-PkbjNfxxIARBDgjK7y7TUQ@xxxxxxxxxxxxxxxx Ontario, CANADA MSN 8: advanced junk mail protection and 3 months FREE*. WANT TO check out which mailing lists you could subscribe to? Send a blank email message to goanet-request-fkB0aodkGtPQT0dZR+AlfA@xxxxxxxxxxxxxxxx ========================================================================

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NEWS-AP: India-Christmas

---------------------------------------------------------- Archives: http://groups.yahoo.com/group/goa-net/ http://groups.yahoo.com/group/Goanet2003/ ---------------------------------------------------------- NEW DELHI, India (AP) -- Bittoo Kapoor, an accountant and devout Hindu, never starts her day without lighting an incense stick and offering prayers to her favorite Hindu deity. But come December, Kapoor begins planning for Christmas -- buying presents, baking cakes and planning parties. "It doesn't matter if I'm a Hindu. Christmas stands for love, affection, sharing, renewing family bonds. It's a festival for everyone," Kapoor said as she shopped for tree decorations at New Delhi's upscale Ansal Plaza mall. In predominantly Hindu India, a rise in militant Hindu nationalism has been matched by a growing enthusiasm for celebrating Christmas with all the trimmings. Equally surprising, perhaps, is that Hindu militants, who in recent years have taken to opposing Christian missionaries and the church, don't seem to bothered by the growing popularity of Christmas. Not surprisingly, however, are the many echoes of complaints heard in the West about Christmas becoming commercialized. "The world over, the profound message of social justice symbolized by the birth of Jesus Christ is being overtaken by consumerism. And that is what you're getting to see here as well," Swami Agnivesh, a Hindu theologian and social activist, said Friday. As satellite television and free markets have opened India to outside influences, the Christmas culture has rushed in. With the approach of Bada Din, or "big day" as Christmas is called in the Hindu language, shops fill with Christmas decorations, shiny silver bells, stars and twinkling lights. Shopworkers dress up in Santa costumes and beards, ringing bells to draw in shoppers. Flower shops do brisk business with Christmas trees, both real and fake, while perpetual Christmas favorites such as "Jingle Bells" ring out in elevators and telephones. "Every year the demand for trees goes up. Earlier, I'd get real pine trees from the Himalayan foothills. Now we get these real-looking trees from China," said Suresh Gupta, pointing to the neat row of collapsible plastic trees outside his shop. "Christmas, for me, is a festival like any Hindu festival. I do want my son to get to know other traditions," said Kitty Tawakley, a New Delhi resident, balancing armloads of Christmas gifts at the end of a daylong shopping spree. The popularity of Christmas does not extend to the religious themes associated with the festival. It's only Christians who attend midnight church services on Christmas Eve and nativity scenes can be seen only in Christian institutions and churches. Agnivesh, the theologian, doesn't think the rise of Christmas suggests greater openness or tolerance. He ascribes it to the rise of the Indian middle class. "These very people will be out on the street tomorrow, forcing the slogan of Hindutva (Hindu-ness) on us," he said. Christians account for only 2.4 percent of India's 1 billion population. Christians are the majority only in Nagaland and Mizoram, two small states in India's remote northeast. Christians are a third of the population in the southern states of Kerala and Goa. Most Hindus dismiss apprehensions about nationalism by pointing to India's centuries-old diversity of religions and sects, and the fact that India has been officially and constitutionally secular since gaining independence from Britain in 1947. "Celebrating Christmas doesn't reduce my faith in Hinduism. If anything, it makes us more generous, more loving to each other. That's what I want my children to learn," Kapoor said. -- ***************************** Frederick Noronha Journalist Ph 832.2409490 or 2409783 Saligao 403511 Goa India ***************************** -- WANT TO check out which mailing lists you could subscribe to? Send a blank email message to goanet-request-fkB0aodkGtPQT0dZR+AlfA@xxxxxxxxxxxxxxxx ========================================================================

Previous Message by Thread:

Re: NEWS: Goa still groping to find out size and diaspora

---------------------------------------------------------- Archives: http://groups.yahoo.com/group/goa-net/ http://groups.yahoo.com/group/Goanet2003/ ---------------------------------------------------------- Ivor, Fortunately two years after I was born Goa became a part of India, and I am glad about it. Before that Goa was part of Protugal and before that part of Adil Shah's empire, Maratha empire and before that part of some other empires. Why go that far behind, recently Goa has also been ruled by our very own "NON- paan spitting Indian", so why blame only the paan-spitting Indian ? Isn't that a fact ? Also, in the Indian Central govt. many "NON-paan spitting Indian" have been cabinet ministers, speakers, as also army chiefs and navy, air-force chiefs. One also almost got nominated to be the president of the country. Or is it that intead of the horses blinds, we need to talk about getting off the high horses ? Why the hell are we against paan-spitting ? Is it any worse then the rambling drunks ? Come to think of it, all our forefathers and ancestors were paan- spitting goans and drinking goans. Much closer facts --- my great-grandparents were paan-chewing Goans. So I wish we could cut-off the name calling and keep it to clean "ideas", because most Goans are more than paan-chewing and drinking people. There are smart and well-mannered people out there. Again, to live with the current times ----- the new generation are not paan- spitting, they are gum chewing and bubble bursting dudes and gals :) Paan- chewing is passe ! So, Ivor I am not brain washed. Where I am going is ---- I am pretty much sure about my facts from history and with current events on the streets ----- both documented and un-documented. Finally, there seems to be no end with this debate and my personal time does not permit me to carry on a long debate. I am strong with my views, and if you are with yours, I plan to end my side of the debate here. Fred, sorry about digressing from the main point which was your excellent article. Keep it coming, please. Have a Happy New Year, Ivor Rozario Ivor said: "......Pls take off your horses blinds and you will realize you are living in a world blinded by facts. Sorry to see how the paan spitting Indians have brain washed you over all these years." WANT TO check out which mailing lists you could subscribe to? Send a blank email message to goanet-request-fkB0aodkGtPQT0dZR+AlfA@xxxxxxxxxxxxxxxx ========================================================================

Next Message by Thread:

NEWS-AP: India-Christmas

---------------------------------------------------------- Archives: http://groups.yahoo.com/group/goa-net/ http://groups.yahoo.com/group/Goanet2003/ ---------------------------------------------------------- NEW DELHI, India (AP) -- Bittoo Kapoor, an accountant and devout Hindu, never starts her day without lighting an incense stick and offering prayers to her favorite Hindu deity. But come December, Kapoor begins planning for Christmas -- buying presents, baking cakes and planning parties. "It doesn't matter if I'm a Hindu. Christmas stands for love, affection, sharing, renewing family bonds. It's a festival for everyone," Kapoor said as she shopped for tree decorations at New Delhi's upscale Ansal Plaza mall. In predominantly Hindu India, a rise in militant Hindu nationalism has been matched by a growing enthusiasm for celebrating Christmas with all the trimmings. Equally surprising, perhaps, is that Hindu militants, who in recent years have taken to opposing Christian missionaries and the church, don't seem to bothered by the growing popularity of Christmas. Not surprisingly, however, are the many echoes of complaints heard in the West about Christmas becoming commercialized. "The world over, the profound message of social justice symbolized by the birth of Jesus Christ is being overtaken by consumerism. And that is what you're getting to see here as well," Swami Agnivesh, a Hindu theologian and social activist, said Friday. As satellite television and free markets have opened India to outside influences, the Christmas culture has rushed in. With the approach of Bada Din, or "big day" as Christmas is called in the Hindu language, shops fill with Christmas decorations, shiny silver bells, stars and twinkling lights. Shopworkers dress up in Santa costumes and beards, ringing bells to draw in shoppers. Flower shops do brisk business with Christmas trees, both real and fake, while perpetual Christmas favorites such as "Jingle Bells" ring out in elevators and telephones. "Every year the demand for trees goes up. Earlier, I'd get real pine trees from the Himalayan foothills. Now we get these real-looking trees from China," said Suresh Gupta, pointing to the neat row of collapsible plastic trees outside his shop. "Christmas, for me, is a festival like any Hindu festival. I do want my son to get to know other traditions," said Kitty Tawakley, a New Delhi resident, balancing armloads of Christmas gifts at the end of a daylong shopping spree. The popularity of Christmas does not extend to the religious themes associated with the festival. It's only Christians who attend midnight church services on Christmas Eve and nativity scenes can be seen only in Christian institutions and churches. Agnivesh, the theologian, doesn't think the rise of Christmas suggests greater openness or tolerance. He ascribes it to the rise of the Indian middle class. "These very people will be out on the street tomorrow, forcing the slogan of Hindutva (Hindu-ness) on us," he said. Christians account for only 2.4 percent of India's 1 billion population. Christians are the majority only in Nagaland and Mizoram, two small states in India's remote northeast. Christians are a third of the population in the southern states of Kerala and Goa. Most Hindus dismiss apprehensions about nationalism by pointing to India's centuries-old diversity of religions and sects, and the fact that India has been officially and constitutionally secular since gaining independence from Britain in 1947. "Celebrating Christmas doesn't reduce my faith in Hinduism. If anything, it makes us more generous, more loving to each other. That's what I want my children to learn," Kapoor said. -- ***************************** Frederick Noronha Journalist Ph 832.2409490 or 2409783 Saligao 403511 Goa India ***************************** -- WANT TO check out which mailing lists you could subscribe to? Send a blank email message to goanet-request-fkB0aodkGtPQT0dZR+AlfA@xxxxxxxxxxxxxxxx ========================================================================
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