ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Bigamy and Religion

The debate on preventing bigamy via conversion to Islam must focus on gender justice.

Suggestions of changes in personal laws usually result in “Preventing Bigamy via Conversion to Islam – A Proposal for the religious element getting undue publicity and attention Giving Statutory Effect to Supreme Court Rulings”, which was while the core issue of gender justice gets sidelined. The presented to the Ministry of Law and Justice this month, has been reaction to the 227th report of the Law Commission of India, no different.

Taking suo motu cognisance of the “unhealthy and immoral practice” by men whose “personal law does not allow bigamy of converting to Islam in order to contract a second marriage” and two recent, highly-publicised cases of bigamy, the commission suggested that the Supreme Court’s rulings in the Sarla Mudgal vs Union of India (1995) and the Lily Thomas vs Union of India (2000) cases be incorporated into the Hindu Marriage Act (HMA) of 1955.

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