SEEK IMPROVED MARRIAGE BILL, CHRISTIAN LAW CAMPAIGNERS TELL GOA

By Frederick Noronha

PANJIM, July 7: Christian groups campaigning on the proposed
marriage bill for their community nationwide have asked Goa to
ensure that the law passed is shorn of its existing "lacunae".

Former All India Catholic Union national president Chhotebhai
has written to Goa chief minister Francisco Sardinha, suggesting
that Goa was perhaps better off with its existing laws. But in
any case, the national draft Christian Marriage Bill 2000 needed
to be improved upon, he said.

Chhotebhai, who is also the Christian Personal Laws national
convenor, said India's Christians has been "striving for over 40
years" for the enactment of fresh personal laws on marriage,
divorce, succession and adoption for their community.

"A consensus was arrived at among all Christian churches and
organisations in 1994, and the draft legislation was then
submitted to the government for action. Nothing concrete emerged
till this year," he added.

But when the Christian Marriage Bill 2000 was drafted under union
law minister, it covered marriage, divorce and "other matrimonial
causes" but did not improve the situation on issues like
succession and adoption.

In Goa, there has been another controversy. Christian groups
here, their counterparts nationwide and the government headed by
chief minister Francisco Sardinha are all agreeing that this
state has fairly progressive laws, which don't need to be dropped
or brought under the proposed national laws.

Because of its Portuguese colonial heritage, Goa has a few laws
which are different from those in the rest of the country.
Marriage and family laws, seen here as being fairly enlightened
and not so discriminatory against women, were retained
specifically.

Christians nationwide have other questions about the law too.

Jammu and Kashmir is excluded Jammu and Kashmir, perhaps for
constitutional reasons. But under what laws will Christians in
the state be covered, ask campaigners working on the new law.

State governments can also adopt "different dates to adopt
different provisions" of the Act. This, Christian campaigners
fear, will result in this being made applicable piece-meal,
rather than becoming the law of the land for the entire community.

Most controversially, the Act will only cover a "marriage between
persons both of whom are Christians".

Currently, Christian churches including the more conservative
Catholic Church, does not insist that people of other faith
convert if they wish to marry a Christian in a church. This
provision however could be counterproductive by giving a
sectarian approach to the proposed law.

"What happens when only one party is Christian? Which law will
apply? It must be borne in mind that 'mixed marriages' or 'inter-
religious' marriages are becoming more and more common. We need
to provide for such eventualities and realities," asked
Chhotebhai.

There are also misgivings on whether the law should be subject to
"customs" which are observed "in any local area, tribe,
community, group or family". This, it is suggested, could lend
itself to various interpretations, with lobbies claiming anything
they say is "legitimate custom".