Justice is crucial, not just uniformity, say women's groups in Goa

Women's groups meeting in Panaji on July 10, 2023, against the backdrop of a recent push towards a "Uniform Civil Code" in India, called for an emphasis on "justice for all stakeholders in the family, and for all communities, rather than uniformity".

The meet was held at the Institute Piedade Hall, and attended by the Bailancho Ekvott, Bailancho Saad, Muslim Women's Association, Presentation Society Goa, Saad Aangan, Why Exclude and other concerned citizens to discuss the response to the Law Commission of India's call for views on UCC, pursuant to discussions.

Following the meeting, a statement released by Advocate Albertina Almeida, a women's rights activist in Goa for the past three decades, announced that the resolution passed read: "The goalpost has to be justice for all stakeholders in the family and for all communities, rather than uniformity."

The meeting also sought more time over the issue, saying, "Sufficient time is required to deliberate, and give our views on a UCC (Uniform Civil Code)."

It added that a month's time "does not suffice to deliberate on complex matters covering a wide range of areas such as marriage, divorce, inheritance, succession, guardianship, adoption, marital property, inheritance, different forms of property, and other related matters such as gender-just tenancy rights, gender-just communidade (village community as in Goa) holdings, community holdings, positions on conflict of laws, that has repercussions for us in Goa, for the whole country and for its diverse populations."

The meeting noted that Goa has "near-uniform family laws".

But it pointed out that this is "not a code in the larger sense of the term because it includes only a portion of the Portuguese Civil Code that specifically deals with the special contract of marriage and rights of the components of the family inter-se, and a Code of Customs and Usages of Gentile Hindus, and the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012."

Besides, it was noted, the law in Goa, is not totally uniform.

The statement added: "It is not totally uniform, has its pros and cons.  There are also provisions in Goa's family laws that are uniform in discrimination, there are also provisions that are uniform across religions but not substantively equal, and there are also provisions that may be different but can enable empowerment, given our realities."

In such a context, those in the group argued that the "goalpost" has to be justice for all stakeholders in the family, and for all communities, rather than uniformity.

Asking for "just laws", the group said, for that, there had to be "adequate and informed consultative processes for an appraisal of the Goa laws too".  This, they said, had to be done "against the touchstone of the Constitution, from the point of view of especially the marginalised stakeholders in the family and from the point of view of marginalised families."

It was argued that what needed focus was the principles of substantive equality, access to justice and right to life and livelihood, apart from the right to freedom of religion.  This should be done both in appraising existing laws, and also deciding on "the way to go".

The Uniform Civil Code debate came on the agenda after the Modi Government in New Delhi raised the potentially contentious issue, in what some suggest as being a run-up to the 2024 general elections.

"We are concerned that in the rush for a Uniform Civil Code, we in Goa may lose the positive provisions we have, like equal rights to parental property, as also the possibility of working towards reforms in each specific family law, including the family laws of Goa," the statement said.

It argued that an "atmosphere has to be created for people to articulate" the challenges they face in accessing the law or because of the law, "which cannot easily happen within a rhetoric where laws of a section of society are cherry-picked for critique." It went on to say that such an attitude could only drive women, and marginal stakeholders in the family, to silence.

The meeting of the women's group went on to urge the Law Commission of India to "consider our above concerns about substantive inequalities in the Goa family laws, and grant time to all concerned to deliberate on and share our detailed documented views."

Moderating the meeting, Adv.  Albertina Almeida mentioned the context of the meeting, stating that there is a need to let various Goa's voices be heard by the Law Commission of India.

She also said there was a "need to puncture the narrative" that Goa's laws are totally uniform and that uniformity automatically translates into equality.

She and other speakers highlighted the various complexities involved and stated that there needs to be more time and a conducive atmosphere to deliberate on the issues in an informed way.

Vizilia de Sa of the Moira Civic and Consumer Forum affirmed that if women and concerned stakeholders do not have knowledge of the law and the laws do not provide for effective mechanisms, there is no justice for women.  She, therefore, argued for the need to seriously introduce within existing laws provisions mandating awareness of the law and the need to think through the mechanisms for justice.

Sa expressed concern about the "hype" being created around the Uniform Civil Code, and the need for making specific provisions factoring the needs of disadvantaged stakeholders in the family such as widows, persons with special needs, and LGBTQI-plus persons.

Adv.  Caroline Collaco highlighted the fact that Goa's law was not totally uniform, and even where the law is uniform, some provisions were uniform in discrimination, such as the provision giving the male spouse the prerogative to manage the marital property.  This, she said, meant there was a need for appraisal of the Goa Family Laws as well, from the perspective of effectuating justice.

Collaco also drew attention to discriminatory provisions in the Code of Customs and Usages of Gentile Hindus of Goa, where, for instance, a male child was permitted to be adopted.

Dr  Sabina Martins of Bailancho Saad traced the history of women's struggles related to family laws in Goa and brought out concerns such as manoeuvring the positions regarding conflict of laws, by convenience, the lack of synchronisation of the laws with laws related to tenancy, mundkarship, communidades (village communities).

Dr  Martins also stressed the importance of context in taking positions and having opportunities to give feedback.

Rashida Muzawar of the Muslim Women's Association traced the history of her engagement with the issue of family laws, where there was resistance to the extension of personal laws from the rest of the country into Goa, up until now.

She felt the need for changes in the Goa laws and also expressed the fear prevailing in the Muslim community, including its women, in the current times where, she said, the community is being targetted.