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Strategies & Market Trends : India Coffee House -- Ignore unavailable to you. Want to Upgrade?

To: Mohan Marette who wrote (2222)	8/6/1998 8:47:00 PM
From: JPR	Read Replies (1) \| Respond to of 12475

Mohan: Here is something educational: Hindu becomes Muslim to have a second wife hindunet.org Hihlights: Muslim Personal Law: the freedom Muslims are given to have more than one wife. This has evidently inspired Hindu husbands to covert to Islam for the purpose of facilitating a second marriage. Muslims will be governed by personal law in cases of marriage, divorce, inharitance, succession and related matters. The earlier occasion was the controversial 1985 Shah Bano case which involved the question whether a Muslim husband was exempt from paying his divorced and indigent wife the monthly compensation stipulated by the CPC. Under Section 125 of the CrPC, any man who deserts or divorces a wife who cannot support herself, must pay a stipulated compensation. While upholding the Muslim wife's right to the protection of the general law, justice YV Chandrachud stated in passing that it was high time that the govt implemented the UCC. But Muslims, by and large, resisted being brought under the purview of the beneral law, arguing that the only compensation to be paid was during the iddat (a brief period following the separation). Under Rajiv Gandhi, their demand was enshrined in a statute - the controversial Muslim Women's Bill. This affects not only Muslims but also Christians who, if they marry under the Christian Marriage Act, cannot get divorce except on grounds of adultery, as well as Hindus' entitlement to tax breaks under the classification of Hindu undivided family. For example, under ucc, either all religions would be able to avail of these tax advantages, or none. to enact a law for checking misuse of the right to convert one's religion. It suggested that the law may provide that every citizen who changes his religion cannot marry another woman unless he divorces his first wife. As for the problems involved in enacting the code are concerned, the court pointed out that, unlike India, many Islamic countries have codified and reformed the Muslim Personal Law to check its misuse. Polygamy has been banned in Syria, Tunisia, Morocco, Iran and even Pakistan. One ivory-tower observation made by Justice Kuldip Singh is "no community can oppose the introduction of a ucc". To that, Justice RM Sahai added some armchair advice: "The sentiments and emotions have to be cooled and tempered by sincere efforts." The need is to draw a balance: to safe guard the civil rights and the identity of minorities while refusing to pander to religious fundamentalism of any colour. Respectfully submitted, JPR