Scholarly Articles

Law Commissions of India and Goa Law Commissions: Framing the Absences of Regional Difference with Special Reference to Goa

By ALBERTINA ALMEIDA

 

This article examines how law reform processes in India have been unsuccessful in taking into account intersectionality, particularly in the context of Goa. It analyses how the existence of a Uniform Civil Code, a relic of the era of Portuguese colonialism, has been utilized by law reform processes to absolve themselves of responsibility for modernizing civil laws, particularly for women. The article breaks down the idea of an “Indian” identity, highlighting its failure to account for diversity in gender, caste, wealth and the unique challenges faced by a community that is at once isolated from India but also subsumed by this identity. Accounting for the failings of even institutional mechanisms such as the Law Commission of India to take cognizance of the needs of Goa and the lack of incentive for politicians to do so suo motu, this article calls for a relook at the identity through which laws are reviewed, as well as a more participative and inclusive look at the legislative changes required in Goa.

 

Read the full essay, published in Journal of Indian Law and Society, vol. 6 (Monsoon), 2015 here.

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