The Goa Legislative Forum under the stewardship of its Secretary, Mr Herculano Dourado (Adv) ex MLA is organising on 28th March, 2009, at the National Institute of Oceanography Auditorium, Dona Paula North Goa a Seminar on –“The Portuguese Laws In Force In Goa”
According to Mr Dourado, this is an initiative of the Goa Legislators’ Forum in collaboration with the North & South Goa Advocates’ Bar Associations. The need for such a Seminar was felt as “The Goa Succession, Special Notaries & Inventory Proceedings Bill, 2008” found stiff opposition in several forums when first introduced in 2005. Indeed despite a voluminous effort by the members of the North and South Goa Advocates & Bar Associations some who faithfully burnt the midnight oil to whett the Bill ( which unfortunately is a poorly drafted one )all these recommendations were consigned to limbo as is the practice when a Government is booted out of office, according to several Government officials who spoke to this writer yesterday. The present Government instead of trying to get the Legal Department to examine some of the suggestions and draft a fresh Bill for passage in the House preferred to merely re-introduce the Bill of 2005 verbatim in the Assembly and eventually as is the trend in such matters referred it to the Select Committee. One of the main hindrances of Portuguese legislation and moreso the Portuguese Civil Code of 1867 is that there was no faithfull translation of the Code into English which is based on the continental system of jurisprudence and not the Anglo-Saxon law as is prevalent in the rest of the country. The Government of Goa since 1961 had only rendered lip sympathy to arrange for its faithfull translation into English despite a Commission set up for the purpose. Some senior lawyer did attempt a bilingual translation but that too lacked the enthusiasm it did deserve to pursue it to its logical conclusion and for obvious reasons. Or was this translation in piecemeal intended to safeguard the monopoly of the few that were conversant with the Portuguese /English language and did not prefer to lose privy to these laws if the liberal translation would be available to all and sundry on the Bench or the Bar. It must however be said to the credit of the Institute for Juridical Co-Operation of the Law School of the University of Lisbon who this year provided a bi-lingual version of the Civil Code of 1867 in Portuguese and English with a contemporary version – A 21st Century approach has been made available to the State of Goa. For the Government of Goa this bi-lingual translation is indeed a boon if not an answer to its long pending intention of having a faithful translation of the Portuguese Civil Code . Indeed this translation coming 48 years later and from our erstwhile rulers (albeit under a different form of Government post 1974 ) will also benefit the Govt of India to enact an Uniform Civil Code for the rest of the country in meeting the endeavour enshrined in the Directive Principles. A free kit containing a copy of the Civil Code as applicable to Goa, bilingual Portuguese/English ( recorded on C.D)., will be distributed to all the delegates at the seminar tommorrow, which is perhaps the biggest necessity of every Goan to know the law, according to the organisors. Thus according to Mr Dourado the intent of tomorrows day long seminar will be solely to better enlighten the concerned citizens and collectively make valuable suggestions and recommendations to the Select Committee and the Government. The keynote address will be by Justice Ferdinando Rebello the Chief Guest on the ocassion and Hon. Speaker,and ex CM Mr. Pratapsing Raoji Rane who will preside over the function. This will be followed by 3 dedicated sessions where papers will be presented on various issues and moderated by eminent and prominent lawyers . This Seminar will give the people of Goa an opportunity to lay persons NGO's bureaucracy etc to express as also to update ones views on various aspects of Portuguese laws and the present Bill introduced in the House. The Uniform Civil Code as applicable to Goa is the envy of the rest of our countrymen and time and again has been refered to as something to be emulated for the rest of the country in fulfillment of the Directive Principles under the Constitution of India says Mr Dourado. The present “The Goa Succession, Special Notaries & Inventory Proceeding Bill, 2008” Bill however proposes to SPLIT the existing Uniform Civil Code into separate Acts, apparently in tune with the Anglo Saxon jurisprudence in the rest of the country, hence there is a need for every Goan to attend the same to avert this eventuality. Fortunately the Bill now before the Select Committee has been granted further time until the Monsoon session for deliberations at the request of the legal fraternity and NGO's made in January, 2009 at a meet held in the Secretariat at Porvorim. Meanwhile this writer has volunteered to provide free of cost via email those interested in the bilingual version of the Portuguese Civil Code 1867 which indeed is also made available online too at http://www.fd.ul.pt/icj. In addition the Macau Civil Code of 1999 ( which indeed replicates the Portuguese Civil Code to a large extent with several modifications in tune with the local circumstances in Macau upon its joining the mainland China in December, 1999) is also available on request via email from this writer. from the Dona Paula end GODFREY J. I. GONSALVES, BORDA, MARGAO, 403 602, GOA. (INDIA) +91 98221 58584 (24 HRS) gonsalvesgodfre...@yahoo.co.in Add more friends to your messenger and enjoy! Go to http://messenger.yahoo.com/invite/
