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Supreme Court Asks GOI to Introduce Common Civil Code
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To: alt-hindu@uunet.uu.net
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Subject: Supreme Court Asks GOI to Introduce Common Civil Code
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From: abdutta@icaen.uiowa.edu (jit)
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Date: 11 May 1995 02:18:28 GMT
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From news@icaen.uiowa.edu Wed May 10 22: 07:25 1995
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Newsgroups: alt.hindu
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Organization: Iowa Computer Aided Engineering Network, University of Iowa
It seems finally the Supreme Court asked the GOI to introduce
a common civil code! Parts is this news item deleted for
copyrights reason.
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Indian Supreme Court puts bigamous Hindus on mat
NEW DELHI, May 10 (Reuter) - India's Supreme Court, crackingdown on
Hindus turning Moslem to marry more than one wife, asked the government on
Wednesday to end separate marriage laws for the two religions and introduce
a common civil code.
The court said that a second marriage of a Hindu man after conversion
to Islam was not valid unless the first one was legally dissolved. A
husband could be punished if he converted to Islam to marry a second time,
the court ruled.
The personal law applicable to Moslems, based on Islamic tradition,
allows them to marry up to four wives without obtaining a divorce.
The court asked Prime Minister P.V. Narasimha Rao to take a fresh look
at the Indian Constitution that allows followers of different religions to
practise separate laws on marriage, divorce and property.
Instead, a uniform civil code applicable to all citizens was
imperative, the judges said, and asked the government to file an affidavit
by August outlining the steps it was taking to enforce a uniform civil
code....
(*part deleted for copyright reason*)
...The judges quoted the constitution: "The State shall endeavour to
secure for the citizens a uniform civil code throughout the territory of
India."
A major Hindu-Moslem rift erupted in 1986 when a Supreme Court
judgement called for a common civil law while ordering payment of
maintenance to a divorced Moslem woman, Shah Bano.
Moslem groups rose in anger against the judgement, saying the court
had no right to interpret a Moslem personal law, which only Islamic
scholars could do.
Led by then prime minister, the late Rajiv Gandhi, the Indian
parliament passed a law to help reverse the judgement, but triggered a
major controversy that provided ammunition to the BJP, then a fringe party.
REUTER
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