A Muslim man can register more than one marriage as their personal laws permit multiple marriages, the Bombay High Court held in a case of a man seeking to register his union with his third wife. A division bench of Justices B P Colabawalla and Somasekhar Sundaresan on October 15 directed the deputy marriage registration office of the Thane Municipal Corporation to decide the application filed by a Muslim man in February last year seeking to register his third marriage with a woman from Algeria. The couple, in their plea, sought direction to the authorities to issue them a marriage certificate, claiming that their application was rejected as this was the man's third marriage. The authorities refused to register the marriage on the ground that under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriage Act, the definition of marriage contemplates only a single marriage and not multiple unions. The bench, however, termed the authority's refusal as "wholly ...
Authorities should focus on preventing child marriages and protecting vulnerable minors, with penalising offenders being a last resort: Supreme Court
The government is all set to bring a Bill in Parliament to amend the 1995 law governing Waqf boards to ensure more accountability and transparency in their functioning and mandatory inclusion of women in these bodies, sources said. They claimed that the move comes in the backdrop of demands from within the Muslim community. The Bill to amend the Wakf Act, 1995, will make it mandatory for Waqf boards to register their properties with district collectors to ensure their actual valuation. There are 30 Waqf boards in the country. The sources on Sunday pointed out that the revenue generated by all Waqf properties is estimated at Rs 200 crore per annum. This is not in sync with the number of properties such bodies have, they said. Originally, Waqf boards had around 52,000 properties throughout India. By 2009, there were 3,00,000 registered Waqf properties covering four lakh acres of land, and as on date, there are 8,72,292 such properties in more than eight lakh acres of land. While ...
BJP MP Sushil Kumar Modi on Wednesday stressed that the time has come for reforms in Muslim personal laws to ensure gender neutrality. During a discussion on the topic of "Uniform Civil Code (UCC): Majoritarian Agenda or Much-needed Reform?" at the India Today Conclave here, he cited the practices of polygamy and "triple talaq" and said there is a need for gender neutrality in laws. "The time has now come for bringing in reforms in the existing Muslim personal laws," Modi, a former deputy chief minister of Bihar, said. Besides Modi, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi and women's right activist and lawyer Flavia Agnes participated in the discussion. "What kind of law requires a divorced woman, who intends to get married to her first husband again, to first marry and get 'triple talaq' from another man to fulfil her wish?" the BJP leader asked. Owaisi defended the personal laws and said, "The second wife of a Muslim man is entitled to maintenance a
The non-codified nature of Muslim personal law has led to misinterpretation and posed significant challenges for Muslim women, the National Commission for Women said during a deliberation on Saturday. The National Commission for Women (NCW) held the deliberation to discuss the rights of Muslim women, with a specific focus on reviewing Muslim Personal Law. The consultation took place in the backdrop of the Law Commission's recent call to seek responses from various organisations and the public regarding the implementation of a Uniform Civil Code. The NCW highlighted the negative impact of the non-codified nature of Muslim personal law, which has led to misinterpretation and posed significant challenges for Muslim women. The chairperson of the NCW, in a statement, underscored the urgency of codified laws. She questioned whether a law that fails to protect the rights of Hindu, Christian, Sikh, and Buddhist women can truly be considered only for Muslim women. The need for codified law
Be it Sikh, Christian, tribal or any other community, everyone has their separate culture and traditions, he added
UCC is not an issue of Muslims, it is of all people. We will unite all people against it and fight legally and politically,' said Indian Union Muslim League(IUML) state president
Rashtriya Lok Dal (RLD) president Jayant Chaudhary on Monday said any discussion on a Uniform Civil Code (UCC) now is "wrong" as its "structure" is not known yet, but said men and women should get equal rights. RLD's alliance partner Samajwadi Party has slammed the government over UCC. "As of now, I do not know its 'swaroop' (structure). Discussing it now is wrong. In modern India, everyone should be given equal rights. Men and women should get equal rights. How the government does this job, this has to be seen," the RLD chief told reporters here when asked to comment on UCC. Chaudhary has made his remarks on UCC for the first time, said RLD's UP unit chief Ramashis Rai. A fresh debate on UCC has been ignited after the Law Commission initiated a public consultation process on June 14 by inviting views from all stakeholders, including people and recognised religious organisations, on the politically sensitive issue. Implementation of a UCC has been part of BJP election manifestos a
A day after Prime Minister Narendra Modi made a strong pitch for a Uniform Civil Code (UCC), Congress leader P Chidambaram said it cannot be forced on people by an "agenda-driven majoritarian government" as it will "widen divisions" among people. The former Union minister claimed the prime minister was batting for UCC to divert people's attention from issues of unemployment, price rise and hate crimes. He also alleged the BJP was using UCC to polarise the society. "The Hon'ble PM is making it appear that UCC is a simple exercise. He should read the report of the last Law Commission that pointed out it was not feasible at this time "The nation is divided today owing to the words and deeds of the BJP. A UCC imposed on the people will only widen the divisions," Chidambaram said. Noting that a Uniform Civil Code is an aspiration, the senior Congress leader said, "It cannot be forced on the people by an agenda-driven majoritarian government." "The Hon'ble PM's strong pitch for UCC is .
Prominent Muslim organisation Jamiat Ulema-e-Hind on Monday claimed that the Uniform Civil Code is against the religious freedom guaranteed under the the Constitution but said it will not take to the streets to protest against it and instead would oppose it by taking all possible steps within the ambit of law. The statement by the Muslim organisation comes days after the Law Commission initiated a fresh consultation process on the Uniform Civil Code (UCC) by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue. In a statement, the Jamiat Ulema-e-Hind said it opposes the UCC as it is "totally against the religious freedom and fundamental rights guaranteed to the citizens in Articles 25 and 26 of the Constitution." "Our Constitution is a secular Constitution, in which every citizen has been given full religious freedom, and every person has been also given the right to choose the religion of his choice, because ..
The new effort by the 22nd Law Commission will look at personal laws relating to marriage, divorce, maintenance, custody and guardianship of children, inheritance and succession, and adoption
The Law Commission is considering to work on the issue of Uniform Civil Code (UCC), Justice (retired) Ranjana Prakash Desai said after a meeting with its chairperson and members here on Friday. Desai heads a committee preparing a draft of the code for Uttarakhand. Desai and members of the Uttarakhand panel met the Law Commission chairman, Justice (retired) Ritu Raj Awasthi, and members K T Sankaran, Anand Paliwal and D P Verma. "It was a courtesy call. Because we are working on it (UCC) and they are also perhaps considering it, she told reporters after the meeting at Uttarakhand Sadan. "They were asking what work we have done. So we also gave them some ideas. That's all, she added. When asked if the work done by the Uttarakhand UCC committee can be replicated at the national level, she said, "It is our wish that it will be good if other states also follow.
Uttarakhand Chief Minister Pushkar Singh Dhami on Monday said a committee formed by his government to prepare the draft of a Uniform Civil Code (UCC) for the state has completed 90 per cent work and will submit its proposals by June 30. Implementation of a Uniform Civil Code was one of the major poll promises made by the BJP in run-up to the state assembly elections in 2022 which it won. Dhami formed the five-member committee days after taking oath in May last year. Talking to reporters at Kashipur in Udham Singh Nagar district, Dhami said on Monday the panel headed by former Supreme Court judge justice Ranjana Prakash Desai has completed 90 per cent of work related to drafting of the code. "The committee assigned the task of drafting the UCC has said it will be submitted by June 30 after which we will take steps to implement it," Dhami said. "We also expect other states to follow our example and introduce a Uniform Civil Code." Dhami was here to inaugurate and lay the foundation
The ruling BJP promised to implement the Uniform Civil Code (UCC) and the National Register of Citizens (NRC) in Karnataka, in its election manifesto for the May 10 Assembly polls, released on Monday. "We will implement the UCC in Karnataka based on the recommendations given by a high-level committee which is to be constituted for the purpose," according to the manifesto. We will introduce the National Register of Citizens in Karnataka and ensure speedy deportation of all illegal immigrants in the state". "The Constitution (of India) allows us to move in the direction of Uniform Civil Code. 'Justice to all; appeasement to none' is our policy", BJP National Present J P Nadda, who was among those present at the release programme, said. The party also promised to create a special wing in the state called Karnataka State Wing against Religious Fundamentalism and Terror (K-SWIFT). The BJP said it would provide three free cooking gas cylinders to all BPL families -- one each during the
How is Talaq-e-Hasan different from Triple Talaq, Khula, Mubaraat and Talaq-e-Ahsan? Why Supreme Court of India state the practice of Talaq-e-Hasan different from Triple Talaq? Read it now
A bench of Justices S K Kaul and M M Sundresh said if husband and wife cannot live together, it can also grant divorce on the ground of irretrievable breakdown under Article 142 of the Constitution
The government added that the issue is important and involved sensitivity which required an in-depth study of various personal laws governing different communities of the country
Campaign by Muslim women has afforded us a chance to reform not just this practice but many more related to personal laws of other religions too