INDIAN SUPREME COURT RULES ON BIGAMY BY HINDU AFTER REVERSION

CONTENTS

Muslim World News On-line

Date of Publication: May 2000
INDONESIAN MUSLIMS FOR GLOBAL PEACE AND JUSTICE

Bismillaahirrahmaanirrahiim.
Assalamu'alaikum Warahmatullahi Wabarokaatuh


INDIAN SUPREME COURT RULES ON BIGAMY BY HINDU AFTER REVERSION


INDIA (Islam Online)-In a landmark ruling, the Supreme Court of India has again ruled that a Hindu man*s second marriage after reverting to Islam, without first dissolving the first one will be invalid and hence illegal.

"The second marriage would be void in terms of the provisions of Section 494 of the Indian Penal Code and the apostate husband would be guilty of the offence of bigamy under Section 494 IPC," the court ruled.

Justices Saghir Ahmed and R.P.Sethi in separate but concurring judgments dismissed the petition filed by various persons and Jamiat-Ulema-e-Hind (an organization of Indian Ulema) seeking a review of an earlier judgment.

The Judges observed that even under Islamic law plurality of marriages is not unconditionally granted to the husband. Therefore they held that it will be doing injustice to Islamic law to urge that the revert is entitled to practice bigamy notwithstanding the continuance of his marriage under the law to which he belonged before his reversion.

"The progressive outlook and wider approach of Islamic law cannot be permitted to be squeezed and narrowed by unscrupulous litigants apparently indulging in lust sought to be quenched by illegal means and who apparently are found to be guilty of the offence under the law to which they belonged before their alleged conversion," the judges observed.

The court said Islam, which is a pious, progressive and respected religion with a rational outlook, "cannot be given a narrow concept as has been tried to be done by the alleged violators of the law."

------------------------------------------------------------


SECURITY CLAMPDOWN IN KASHMIR

SRINAGAR, India, May 8 (AFP) - The government in the troubled Indian state of Kashmir switched Monday from its winter to summer seat of power, amid tight security and concerns over possible suicide attacks by Muslim groups.

The government offices shift twice every year, with the six months of winter spent in Jammu and the summer months in Srinagar.

Security concerns appeared justified when police discovered and made safe a car laden with explosives about 500 meters (yards) from the government secretariat compound in Srinagar late Sunday night.

On Monday morning, access roads to the secretariat were closed to normal traffic as government employees were ferried to work. The same process will be followed every morning and afternoon for the next six months.

Heavily armed security personnel stopped and searched vehicles at random, while army patrols were out in force in residential areas around the government offices.

"I have never seen security like this," said local resident Murifat Qadri. "I had to walk to work this morning, as the security forces prevented me taking out my car." Schools in Srinagar have changed their class timetables in order to avoid the traffic restrictions.

The government employees were ferried to work in special buses from fortified residential hotels where they stay during the summer session. Chief Minister Farooq Abdullah and Chief Secretary Ashok Jaitley arrived at the secretariat in a bullet- and landmine-proof car, and undertook an inspection tour of security arrangements in individual government offices.

"All necessary security measures have been taken," said a police officer on duty at the secretariat. "All visitors and employees are being frisked, and we have sniffer dogs and bomb-detecting equipment in constant use."

Camouflaged security bunkers and reinforced painted barriers have been thrown up around the government offices in Srinagar, as well as military installations, amid concerns over possible suicide attacks.

Pan Islamic guerrilla organizations such as the Jash-e-Muhammed and Lashker-i-Toiba have threatened to carry out attacks similar to one last month on the army headquarters here, when a man drove a bomb-laden car at the compound, triggering the explosives before he could penetrate the perimeter.

It was the first such suicide bomb attack since the launch of the armed Islamic movement struggling for an independent Islamic state in Kashmir in 1989, and fuelled fears that Islamists were adopting the same devastating tactics used by Tamil Tiger opposition in neighboring Sri Lanka.

"Every entry point has more than two teams keeping vigil from different angles to foil any attempt by suicide squads or bombers, who may try to penetrate the area," a police officer said.

Armed troops with bulletproof jackets have also been stationed inside all main government offices. Intelligence sources say the security forces are taking the threat of more suicide bomb attacks very seriously this year, following an escalation of Islamist activity.

The civil secretariat has been a favorite target of the Islamists since the early 1990s. A spate of grenade attacks on the secretariat offices last year claimed the lives of two government employees. The struggle against Indian rule in the divided Himalayan territory of Kashmir has claimed more than 25,000 lives since 1989.


Wassalamu'alaikum Warahmatullahi Wabarokaatuh

(DI-10/05/00)


Source : Islam on-line & BBC