Asaduddin Owaisi, President of AIMIM enlightened the world about Goa's Civil Code during one of his rabble-rousing utterances last week. He mentioned that Goa's civil code allows bigamy for Hindu men in the state if the first wife fails to deliver a son by the age of 25-30. He was driving dynamic arguments against the Uniform Civil Code. I am a Hindu man from the state of Goa and my civil code has always been etched following three basic principles in my upbringing.
One - Universally applicable laws devoid of any sectarian considerations. Two - Governance in case of marriage, inheritance, succession, and personal matters. Three - The right of men and women to stand on the same footing.
The BJP, firmly rooting for the Uniform Civil Code, is keen on Goa's civil code simply because of one rudimentary reason - it is the only legal code in the country that perhaps comes closest to the idea of UCC in letter and spirit.
Goa inherited the code from the Portuguese. After liberation, all Indian laws were extended to the state except family laws that fall under the Portuguese Civil Code (PCC). Let us now understand how this code influences our routine lives.
One - As per the PCC, a daughter has an equal right to the property. There is absolutely no discrimination between a son and a daughter. Two- Under the concept of 'Communion of Assets', all assets of the husband and wife are regarded as one corpus. In short, if a husband purchases a property and even if the wife is not a signatory on the sale deed, she has equal right on that parcel of property by default. Three- The procedures for succession deed or inventory proceedings concerning inheritance are defined in such detail that there is very little scope for any confusion.
The most pertinent question is how the application of this civil code has shaped Goa's society and psyche. Goa has been viewed as the epitome of communal harmony and in most matters, we are a secular society. The concept of religion in matters of personal laws does not exist. We do have our own set of specific customs related to weddings or funerals. But they do not supersede our collaborative sense of harmony. This homogeneity in the set of laws has put all citizens on the same pedestal and precisely this, germinates probably an egalitarian sense since our childhood.
Like Owaisi, one can discover several faults with the code. The code has been amended from time to time and if needed, more lacunae, if any, shall be removed. But does the existence of a few lacunas make a case against the Uniform Civil Code in its true sense?
Goa's present civil code emphasises some basic yet elemental principles of an evolved society. Gender equality, religious neutrality, and communion of assets in a marriage. Do we want these doctrines ingrained in our society or not?
But a civil code merely isn't sufficient to create a cordial society. We do have our sets of troubles. Fundamentalist forces in every religion periodically engage in their pathetic superiority contest. They fail, every time. These forces, political or otherwise, have always remained on the fringe in Goa's society. Goans across all communities have collectively pushed these forces aside every time they have attempted to mount an assault on our inclusiveness.
A recent case in point is Goa's former RSS head Subhash Velingkar raking up a controversy by contesting the statue of St Francis Xavier as Goa's 'patron saint' locally known as 'Goencho Saib'. He released his version of 'Goa Files' depicting the atrocities carried out during the Portuguese era in the 16th and 17th centuries in the name of faith and inquisition. He valiantly declared that Lord Parashuram is the original 'Goencho Saib' as he created this mainland known as Konkan by shooting his arrow in the Arabian Sea and commanding the sea-deity to recede. He also stressed that Francis Xavier should not be revered as 'Goencho Saib' because he was responsible for setting up the Inquisition in Goa.
Let us keep the chronological inaccuracies of his arguments aside and ponder upon a simple question - Why is Mr. Velingkar after St Francis Xavier now?
The response to his presser invited some sharp reactions. The usual conundrum persisted for the next 48 hours. But what ensued makes us who we are. The cross-section of the Goan society began examining the motives behind these utterances.
Renowned doctor and activist Dr. Oscar Rebello wrote, "So pray to your God by all means. But woe betides if you mock another God only to demonstrate your God is superior. The state must crackdown on you with all its might. No arguments!! (this holds for Christian evangelists and Islamic preachers as well, who often tread this despicable path)." He further noted, "the point however that my good friend, Prof Velingkar has to realise and come to terms within the sunset of his life is this - You cannot relitigate history."
Doyen of Konkani language, lawyer, activist, author, and veteran journalist Uday Bhembre sounded the alarm appropriately. He said, "unnecessary controversies lead to bitterness in the society creating unwanted conflicts. We do not want such tendencies in Goa. Such attempts can do no good. And if anyone indulges in such attempts, the person is failing in his duty to become an ideal citizen."
I believe Goa's civil code has formed the basic foundation of this collective consciousness of its citizens. Is it enough? Certainly not. Do we need to improve it? Undoubtedly, yes. We have a long way to go. Certain ground realities regularly remind us that we fail miserably on the touchstones of gender equality and religious neutrality. But our failure to evolve adequately cannot be blamed on a law that espouses higher principles of living.
And rejecting a set of pristine principles enshrined in a law citing some archaic lacunas does not suit a member of the parliament. So, Mr. Owaisi, I can confidently state here, that I am a Hindu man from Goa and we neither believe in nor practise bigamy.
(Pramod Acharya is a senior journalist, columnist, and the Editor of Prudent Media, Goa. He tweets at @PramodGoa)
