September 4,2018:
Law Commission has suggested “swift legislative action” against bigamous arrangements among Hindus and said historical data was indicative of the fact that many Hindus converted to Islam in order to practise bigamy.
Quoting from various reports and Supreme Court orders, Commission stated that such arrangements among the Hindus continued to exist and had local recognition despite there being a law against it.
Bigamy Law, Section 494 of Indian Penal Code, provides that a person shall be punished with imprisonment, which may extend to seven years, if he/she marries during the lifetime of their spouse.
Law Commission stated that,“Anthropological Evidence has shown that bigamous arrangements among Hindus continue to exist. In fact, data suggests that many Hindus convert to Islam in order to practise bigamy as highlighted by the Sarla Mudgal v. Union of India case in 1994”.
It added that such conversion took place despite unambiguous position in law that conversion would not be considered valid if previous partner continued to remain of religion under which Marriage was solemnised.
Previous Law Commissions which examined the issue and discussed the rights of spouses in cases of conversion also took the view that conversion from a monogamous religion to a polygamous one did not by itself dissolve the marriage.
Latest Report has stated that,“This, however, needs to be clarified by statute rather than on a case to case basis”.
Section 495 of IPC provides that if offence of bigamy is committed by not disclosing the fact of the former marriage to Person with whom subsequent marriage is contracted, it shall be punished with imprisonment which may extend to 10 years and fine.
Source TOI
Picture Source :