Union Territory (UT) of. Puducherry Elections will be held in April. A former French colony, Puducherry – formerly known as Pondicherry – has maintained a strong cultural connection with France.Puducherry has a unique judicial system, as a large number of people living there are French citizens, including persons of Indian origin, who were born and raised in the union territory and, unlike the rest of the country, follow French laws rather than Indian law.Therefore, Puducherry’s French connection also extends to its legal system, where some French-era laws remain in force, while others have been repealed or replaced by Indian law.As elections are about to be held in Puducherry, here is a look at some French laws that are still in effect in the UT.
How did Pondicherry become a French colony?
Pondicherry’s association with France dates back to 1673, when the French East India Company laid the foundation of the settlement. The area was captured in 1693 by the Dutch, who held it for six years, and later by the British, who gained control in 1761 and ruled for two years.During the French Revolution, the British recaptured Pondicherry in 1793 and returned it to France in 1814. As the British consolidated their rule over India in the 1850s, they allowed the French to maintain control over the region.
History of Puducherry
Following India’s independence in 1947, momentum increased to merge France’s possessions in former British India with the newly independent nation.
modern puducherry
In October 1954, the governments of India and France reached an agreement under which France transferred its administrative authority over Pondicherry to India, with 1 November being fixed as the actual date of transfer.In 1962 the French handed over full control of Pondicherry to India, and in 1963 the territory became a Union Territory, placing it under the direct control of the central government. The centrally appointed Lieutenant Governor serves as the constitutional head, while the Chief Minister elected by the people, along with the Council of Ministers, manages the day-to-day administration.
modern puducherry
In 2006, the union territory was officially renamed Puducherry. Of its four districts, it is bounded by Puducherry – of which the capital is of the same name – and Karaikal. Tamil NaduWhile Mahe and Yanam are enclaves within Kerala and Andhra Pradesh respectively.
Treaty of Cession – and the ‘Renovators’
Apart from its colonial past, Puducherry also retains some French-era laws under the Treaty of Accession signed between India and France in 1956. These laws deal with personal matters such as marriage, divorce, adoption and succession, etc., and apply to “recalcitrant people”.Treaty of Convention: This agreement officially transferred the French territories of Pondicherry, Karaikal, Mahé and Yanam to India. Even though India had already taken control on a de facto basis, the treaty finalized the transfer legally. It clarified important matters such as the option of citizenship for residents, protection of property rights, continuity of French cultural and educational institutions and acceptance of French educational qualifications in India. The treaty has 31 articles and came into full effect after its ratification in 1962.Renouncer: After the treaty was ratified on 16 August 1962, the Citizenship (Pondicherry) Order, 1962 provided that French citizens resident in Pondicherry, including those born there, would become Indian citizens by default. However, from that date, they were given six months to choose whether they wanted to remain French citizens or become Indian citizens. In the case of minors, the choice was made by their parent or guardian, and the minor could confirm or change this choice within six months of turning 18.Those who chose French citizenship became known as “renoncants”, a term derived from the word “renounce”, meaning “to give up.” In 1975, Om Mehta, the then Minister of State for Home, defined redefinition as:
om mehta quotes
Because abdicates are French citizens, the French civil code applies to them, and regardless of their religion.
French law still in force in Puducherry
As of September 2010, the Government of Puducherry had enacted 443 acts. The UT maintains its relationship with France through the following laws:Official language: French is one of the five official languages of the union territory, along with Tamil, Telugu, Malayalam and English. However, Tamil is by far the most widely spoken language, used by 88% of the population, which stood at 12.44 lakh as of the 2011 census. Education: The Treaty of Cession required the Government of India to recognize certain French educational qualifications as equivalent to Indian degrees, allowing holders to pursue higher education and government or administrative jobs in India. Under Article 24 of the treaty, the Government of India must ensure that the French Institute of Pondicherry continues to function as a center of research and higher education.Citizenship: Although not generally permitted, one may be eligible for French citizenship through non-Rebel descent. This stemmed from the cession treaty, under which every person in Pondicherry who was a French citizen at the time of annexation was given six months to decide which country they would retain citizenship of, and many chose to remain French. As a result, many French citizens of Indian origin have been living in Puducherry over the years. Marriage: Under the Child Marriage Prohibition Act, a girl cannot marry before the age of 18 and a boy cannot marry before the age of 21. However, under French law, the minimum age for marriage is 18 for both sexes. This means that a male sorcerer can marry before the age of 21.Additionally, under the French Civil Code, the lack of free consent of even one of the two persons entering into a marriage renders the marriage void.Divorce: In 2021, the Karnataka High Court approved the divorce under French law, ruling that the spouses were descendants of residents of Pondicherry governed by the Civil Code. The court held that French law would continue to apply to the abbots and their descendants, and that other personal laws would not apply to the couple.Adoption and Succession: Adoption and succession laws for renouncers in Puducherry can be better understood through CS Nataraja Pillai Vs. CS Subbaraya Chettiar case. The dispute involved the validity of adoption by a widow under French law, which was recognized by the French courts, but was not valid under British Indian law at the time. The Madras High Court upheld the declaration of the French court and ruled that the adoption should be recognized because the parties in Pondicherry were governed by French personal law. The case highlights the lasting influence of French legal norms in Puducherry, particularly in matters of personal status and inheritance, and underlines why some French laws continue to apply to the rebels and their descendants.
Goa Similarities-and Differences
In many respects Puducherry can be compared to Goa, as both were earlier European colonies. Goa, a former Portuguese colony, follows the Goa Civil Code, derived from the Portuguese Civil Code, which applies equally to all Goans. Portuguese influence is still visible in Goan society. Goa Civil Code:
- Written by Portuguese judge Viscount Antonio Luís de Seabra
- Also known as “Seabra Code”
- has over 2,500 articles
- It has four parts: the ability to acquire and enjoy rights; Marriage and succession; Property; and enforcement and protection of rights
However, Goa also differs from Puducherry in several respects: it is a full-fledged state, unlike Puducherry, which is a union territory; Unlike the transfer of Puducherry under the Indo-French treaty, Goa was forcefully liberated from Portuguese rule in 1961 (and hence Goans born before December 19, 1961 – the date India ended Portuguese rule in Goa – are eligible to obtain Portuguese citizenship); And, unlike French in Puducherry, Portuguese is not an official language in Goa.
How is Puducherry keeping its French heritage alive?
Puducherry still vividly reflects its French colonial heritage. Its landmarks and monuments, such as the French Quarter (White Town), Our Lady of Angels Church (Église Notre-Dame des Anges), the French War Memorial, the I Mandapam, and the Promenade Beach (Plage de la Promenade), demonstrate its Indo-French heritage through well-preserved colonial architecture. French influence also extends to everyday life, with French cuisine, cafés and bakeries offering Tamil classics as well as croissants and baguettes. A large number of residents still speak French and celebrate national events such as Bastille Day (14 July) with enthusiasm. Together, these elements make Puducherry a living mosaic of French and Indian culture that continues to mesmerize visitors even today.
