From: Frederick Noronha <[EMAIL PROTECTED]> Date: Sat Jul 13, 2002 1:36 pm Subject: [Goanet] Portuguese laws, polygamy... and what the law actually states
[My point is that the law allows for it under certain conditions; I didn't say I know or knew of anyone who took or plans to take advantage of the law (as far as I know, it is still not revoked). The law *did* permit "simultaneous polygamy" under the quaintly-named 'Usages and Customs of Gentile Hindus of Goa' -- see page 156 of 'Family Laws of Goa, Daman and Diu - Volume I'. Contrary to the widespread belief, the "uniform" family laws of Goa contain provisions which are surprisingly un-uniform. They not only have differing provisions (in some aspects) based on people's religion, but even based on their caste! It is another matter that these laws today have a strong lobby to support them on ideological grounds ('If Muslims can do without polygamy being allowed in Goa, why can't we enforce a similar law on them across India') or very strong economic grounds (some can pay lower taxes on the claim that the husband and wife have supposedly, or at least in theory, equal shares to the income and wealth). Check what Article 3 approved by Vsicount of S. Januario, Secretary of the State for Naval and Overseas Affairs assented on December 16, 1880: However, the marriage contracted by a male Gentile Hindu by simultaneous polygamy shall not produce civil effects, *except* in the following cases only: (i) Absolute absence of issue by the wife of the previous marriage until she attains the age of 25 years. (ii) Absolute absence of male issue, the previous wife having completed 30 years of age, and being of lower age, ten years having elapsed from the last pregnancy....] ======================= Dear Fred, May I suggest that the Cordigo Civil Portugues of the Portuguese Civil Code (PCC) was introduced in Goa in 1870 as a tacit acceptance to the prevailing situation of Polygamy which existed among the Muslims and Hindus in Old Goa & the Novas Conquistas WAY BEFORE the Portuguese Colonialists arrived in Goa? AND THAT your sentence [PANJIM, July 12: Decades back, it was grounds for legally permitting polygamy in colonial Goa].... is actually misleading. Why...only....'colonial' Goa? IF ....it was there BEFORE the Portuguese colonialists and continues (on the books) AFTER the Portuguese colonialists? Do read what YOU wrote in the following article [PORTUGAL HELPED PUSH GOA DOWN REFORM PATH, SAYS SCHOLAR By Frederick Noronha PANJIM: Portugal, inspite of getting a bad image as the colonial ruler, also undertook some welfare authorities in parts of the Konkan occupied by that country in past centuries. Historian Dr Fatima da Silva Gracias, in a research paper presented recently, says that these welfare activities were promoted through the State, the Church and social organisations too. ......Reforms were also implemented to DO AWAY WITH PRACTICES LIKE sati, child marriages, tonsuring of widows and POLYGAMY. Albuquerque is credited with ending sati -- buring in the pyre of the dead husband -- soon after his conquest of Goa. (CAPS are JC's)] == I submit further that IN an environment which paints everything Catholic and Portuguese as depraved and decadent, you could have worded your sentence differently. you further write: [On a related issue, in response to JC's criticism of the Manusmriti, it is perhaps rather easy to criticise someone else's religion... The fact is that almost all (all?) forms of religion tend to be, to some degree or the other, rather anti-woman, and even antiquated by today's standards.] I beg to seriously disagree with your above assertion. While I will normally criticise ANYBODY who discriminates on the basis of Caste, Religion or Ethnicity, my response to Subhash was MERELY to point out the contradictions in Manusmriti as far as the role of the woman was concerned. Nothing More......Nothing less! [Religion at various points of time has been manipulated to support not just the caste system, but also racism, slavery and colonialism.] NO question about that! [Maybe the biggest challenge before all of us is to begin by criticising the wrongs in the religion we ourselves belong to (a more diffficult task!), so that we overall work to a more humane face for the potent force called religion. FN] please visit the following URL (Incomplete as the site is....it attempts to do exactly as you suggest) http://www.colaco.net/3/VFTB-welcome.htm good wishes jc ===== Recommended Goan Sites in Cyberspace Goa-World at http://www.goa-world.net The Goan Forum is at http://www.colaco.net __________________________________________________ Do You Yahoo!? Yahoo! Autos - Get free new car price quotes http://autos.yahoo.com =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-W-E-B---S-I-T-E-=-=-= To Subscribe/Unsubscribe from GoaNet | http://www.goacom.com/goanet =================================================================== For (un)subscribing or for help, Contact: [EMAIL PROTECTED] Dont want so many e=mails? 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