Wednesday, March 27, 2013

SEC 494 IPC


CENTRAL GOVT ACT--SECTION 494 IN THE INDIAN PANEL CODE,1860

494. Marrying again during lifetime of husband or wife.-- Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.- This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

The above law—Section 494 in IPC-- is not applicable to Muslims. They are covered under Mohammedan Law, which is Personal Law of Muslims.

And now,Christians have raised their demand.Christians want The Canon law, not civil law should govern Christian divorce.The petition ( READ HERE ) also challenges the jurisdiction of criminal courts in India, to prosecute Roman Catholics under Section 494 of the Indian Penal Code for the alleged offence of bigamy without considering the Canon Law....................“If the criminal courts, while considering prosecution under Section 494 of the IPC, reject the application of the Canon Law as the Personal Law of Catholics, hundreds of spouses under the second marriage will have to face prosecution, jail and a fine.”When the courts recognised dissolution (by pronouncing the word talaq three times) under the Mohammedan Law, which is Personal Law of Muslims, they should also recognise the Canon Law as the Personal Law of Indian Catholics. Several representations were made by the Catholic community but there was no proper response from the government, he said..............

It may not be long before other communities too ask for similar demands.
The social fabric of India is being destroyed systematically.
We have been divided on basis of religion, Region, language, Caste, sub-caste.
It may have helped politicians to stick to power, but, in all this it is India which is the loser.


let us CHANGE INDIA FOR INDIA OF TOMORROW.




13 comments:

anilkurup said...

Strange, yet again the comment I posted in here from your link in the facebook seems to have disappeared!

The Indian definition of "secular democracy" is absurd. For us minority appeasement is secularism besides the muscle power often blatantly exercised by the fringe groups in the majority.
Secularism is a doctrine and philosophy that discounts or rejects religious considerations. And in that sense we are a nation of bigots and appeasers, Votes and brownie points are more important than the rule of a common law.
We have a common civil code and that must prevail over any form of personal laws , howsoever God given . Why do not these Muslim groups ask for the Sharaia law to prevail over the CrPC?

Nip the bud now. Remember the Sha Bano case when even a new generation prime minister - Rajiv Gandhi succumbed to minority appeasement.

It is better to escort any one who cannot respect the common law of this land , across the border and the Christian delinquents must be asked to shut up and respect our constitutional laws.

Sandhya said...

Who is there to take stern action? The coalition government is going to rule us permanently, whether it is Congress or BJP led govt., they have to succumb to the pressures of their supporting parties, who are after vote banks. So our contry is going to dogs, slowly...no, no, in a faster pace.

These laws help people like Dharmendra and Hema Malini to change their religions for a few hours and get married and then lead their normal life. A common code should be there for all Indian citizens. We can just sit and write it here, that is all.

Happy Kitten said...

Only a common law can bind this diverse nation. Any attempt to change it should be fought.

Harleena Singh said...

Hi BK,

If every religion, community, society, or caste starts demanding re-interpretation or change of laws as per their own philosophy, principles, and ways then the general laws would cease to exist. If you allow one, others follow the suit. But if you've already allowed the Muslims, you can't deny the others. Of course, the politicians benefit the most from this dilemma but a uniform code of law serves the best for all people.

However, one should understand that there will always be differences and divisions, and all is well if the underlying connection and unifying thread remains intact, which is the spirit of nationalism and respect for the country. Unity in diversity - the diversity will always remain, and you need to cater for that - else be like the French!

Thanks for sharing :)

Insignia said...

The problem is what Anil has quoted. Appease minorities to get votes. If its law, why bend it? Let there be a common law applicable to all religion, region, language and what else not entity. That can't happen now. Screwed up system

sm said...

another example showing we do not have equality.

BK Chowla, said...

Indian polity has been based on minority appesment even at cost o national interests.

BK Chowla, said...

I think,this bogey of coalition will not work for long.
If you recall,Narendra Modi,during India Today Conclave said that no coalition partner will ever go against decisions which will be in favour of the nation

BK Chowla, said...

The moment you mention a common law,the entire Hindu community will be branded as COMMUNAL

BK Chowla, said...

I agree.
But,appeasment at the cost of national intersts,for vote bank is not the answer

BK Chowla, said...

A common law will invite a famous label of COMMUNAL for Hindus

BK Chowla, said...

sm,thanks for visiting

Rachna said...

I agree with Anil's comment above. Our secularism is definitely skewed.