Naik laid emphasis on the successful working of the Portuguese Civil Code, 1867 in Goa while stating that Goa could serve as a model
BJP spokesperson Adv Yatish Naik has written to the Law Commission of India stating that the success of the Common Civil Code in Goa must pave the way for its nationwide acceptance and the coastal State could be looked upon as a model case with regards to the common regime of laws, irrespective of religion, caste, and creed.
In his letter, Naik laid emphasis on the successful working of the Portuguese Civil Code, 1867 in Goa while stating that Goa could serve as a model case as regards the common regime of law as in force pertaining to uniform applicability of family laws and personal laws to all Goans irrespective of religion, caste, and creed.
“While the Uniform Civil Code remains a dream in the rest of India, in Goa, the Portuguese Civil Code, 1867 has been in force since pre-Liberation times, and thus we in Goa have inherited a Common Civil Code, thereby making it the only State in India which largely satisfies the legal expectation envisaged in Article 44 of the Constitution through substantial compliance,” he said.
Naik has highlighted the various judgments of the Supreme Court that have appreciated the Portuguese Civil Code as applicable in Goa. He informed that post Goa’s liberation, the Goa, Daman and Diu Administration Act, 1962, was enacted, which provided in its scheme that all laws that were in force at the time of Liberation would remain in force until repealed.
“Thus Goa continues with the prevailing Portuguese Civil Code 1867, inter alia, which applies to all Goans irrespective of religion, caste, or creed in all matters pertaining to personal laws and family laws, including marriage, dotal regimes, divorce, succession, inheritance, registration of birth, death, rights of women, children, etc and thus embodies the ideals contained in Article 44 of the Constitution,” he said.
