from Daijiworld special correspondent in Panaji
Panaji, Mar 12: Family laws in Goa may have earned laurels for this erstwhile Portuguese colony due to common civil code applications but the practicing lawyers and law students feel utter need to modify the existing family laws in Goa which are based entirely on the Portuguese code.
"It lacks clarity… it is based on Portuguese code, the translation of the law is not understandable.. posing problems. Despite several plus points associated with these laws, it needs to be modified," commented senior advocate Oswald de Ataide.
Though the erstwhile Portuguese colony was liberated way back in 1961, the family laws are still governed by Portuguese code. "Even Portugal has changed the law and why are we following the same old laws," questioned Pritesh Kubal, a law student from Salgaoncar College of Law, Miramar.
"It's high time that we need amendments in the law," he added. Salgaoncar Law College's Calangute legal aid cell had organized a day long seminar on family laws in Goa on Saturday.
"We are going to submit representation listing various modifications suggested during seminar to the state government which would be taken up during the assembly session," stated Sadanand Desai, another law student.
This is not for the first time that the modification of family laws in Goa are being stressed for. But for the first time, the law students have taken up the initiatives.
"Central act governing marriage covers Hindu marriage act, Special Marriage Act and Indian Christian Marriage Act which is not extended to Goa," explains advocate Ataide. But on a positive side Goa is the only state with uniform civic code.
In case of marriage act, Portuguese acts are stringent and makes registration of marriage mandatory, he said.
Lawyers point out that major handicap of this act is the lack of proper translations.
"Laws in Portuguese are not translated properly. Translations can be undertaken by academicians and even educational institutes can take up the task. The law should be read with commentary and final translation should be sent to Lisbon for correction," Ataide suggested.
Though few legal luminaries like advocate M S Usgaoncar have taken up initiatives to translate the laws, the legal professionals also insist that the state government should take up the active role in translations. ``Laws are translated but they are not understandable," they contend.