...Uniform Civil Code for India: Prospects and Constraint The need for a Uniform Civil code in India has been discussed and argued several times and it still remains one of the most controversial issues remarked in our Constitution. The uniform civil code would mean the codification of laws pertaining to all citizens, be they Hindus, Muslims or Christians. But now in India personal laws are the main cause of communal conflict among people. It is also intimately connected to the issue of gender justice. The present paper describes personal laws in India, the issues of uniform civil code and gender justice from a human rights point of view. KEYWORDS: India, Personal Laws, Uniform Civil Code, Gender Justice Introduction India is a secular state, world’s largest democracy and second most populous country (1,205,073,612 in 2012) emerged as a major power in the 1990s'. It is militarily strong, has major cultural influence and a fast-growing and powerful economy. With its many languages, cultures and religions, India is highly diverse. This is also reflected in its federal political system, whereby power is shared between the central government and 28 states. Religions not only have been serving as the foundation of the culture of India, but have had enormous effect on Indian politics and society. In India, religion is a way of life. It is an integral part of the entire Indian tradition. A vast majority of Indians, (over 93%) associate themselves with a religion. According to the...
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...The homosexual community wants society to look at them and accept them as regular people with regular sexual patterns just as society looks at heterosexual relationships. They are working overtime to change political, moral, and social opinions to be in tune with their beliefs. They are not satisfied with being by themselves. They want the world to look at their beliefs being philosophically and morally valid. They want all opinions to be changed to theirs. In other words, they want society to change as a whole. There was once a time this country stood unmovable against biblical offences such as this. What society used to call an abomination and see as evil is now tolerated and recognized as a “norm.” When professing Christians, due to biblical ignorance, accept a homosexual lifestyle as OK, consequently, as biblically permissible, that is a tragedy. God is love, yes, but “God is angry with the wicked everyday” (Ps. 7:11). God is perfect and righteous and takes a dim view at those who say, “Jesus is Lord,” then dishonor him by their practices and/or toleration towards these sins—Scripture is clear on the subject....
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...treads and human behaviors. Pornography can be visualized as a form of epidemic that is damaging and discrediting lives of so many young people. It’s also affects the spiritual aspect of many individuals within the society. More specifically, this is influenced by pornography through technology. There are serious Ethical Dilemmas in the philosophy of sexual cognition that places the moral contexts of humanity, and their spiritual relations with God, at great risks. In this light this paper seek to discourse the element of ethical thinking and use values-based decision making to address a case study involving an ethical Dilemma within the subject of Pornography. The paper will attempt to argue and compare the perspective of the Christian worldview with assumptions of the secular worldview. Ethical Dilemma The ethical dilemma involves an addict of pornography called Joe. Joe likes watching porn for the purpose of sexual stimulation. He enjoys masturbating behind closed door. This act never fees wrong to Joe. He justifies innocence though believing that no one gets harm. However, this changes when he reads reports regarding the injustice done through forced commercial sexual exploitation of victims of human trafficking, most of who are young girls and women. He discovers that through visiting these porn sites, he is promoting the very unjust businesses and people behind. Owing to the addiction, his ethical dilemma in this context is whether to harm himself through...
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...Finally, as Christians, the compatibility of social justice and Christianity must be discussed. It doesn’t take a Bible scholar to see that many of the main issues of social justice are overwhelmingly unbiblical. First and foremost is what is commonly referred to as a women’s reproductive rights, which is essential to say abortion in a nicer way. “Now the word of the LORD came to me, saying, ‘Before I formed you in the womb I knew you, and before you were born I consecrated you; I appointed you a prophet to the nations.’” Jeremiah 1:4-5 these verses clearly state that the humanity of an individual is established long before birth even before Proverbs 6:16-17 states “These six things the Lord hates… Hands that shed innocent blood.” This is...
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...Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code Introduction: In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy , triple...
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...Mere Christianity Mere Christianity is a novel that explains the meaning of life through a religion view. The book is broken into 4 separate parts or books: Right and Wrong as a clue to the Meaning of the Universe, What Christians Believe, Christian Behavior, and Beyond Personality: or First steps in the Doctrine of Trinity. The book was originally a radio talk that was converted into a novel. The overall tone of the book is very serious and majority of the book has emphasis by Lewis on the roles of Christianity and what their view would be on a particular subject. Subjects in the book ranged from the law of human nature to Christian beliefs to Christian behavior and to the new men. Lewis uses many forms of exaggeration to represent his wanting or desire for the reader to clearly understand. Lewis made strong points on particular things like charity, the great sin and faith. Lewis’ first book is prominently about the “Law of Human Nature.” The law of human nature is the sense/value of right and wrong that we all seem to share. It is basically some universal standard of behavior that we all appeal to. A sense of the law of human nature is when people dispute or argue over what seems to be “fair” or “unfair.” C.S Lewis emphasizes multiple times throughout the chapter how when people quarrel or argue they demonstrate this law or theory. Lewis also brings up the point that people defend their own wrong actions with excuses, but denying that some rules exist, while in reality this...
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...family the child of another and give him or her, the rights, duties, and privileges of a child and heir. Adoption is the institutionalized practice through which an individual belonging by birth to one kinship group acquires new kinship ties that are socially and legally defined as equivalent to congenital ties. These new ties supersede the old ones either wholly or in part. Adoption: Religious legal opinions Personal laws of Muslims, Christians, Parsis and Jews do not recognise complete adoption. Hindu law is the only law which recognizes adoption in the true sense of taking of a son as a substitute for a natural born one. The reason for this is partly due to the belief that a son is indispensable for spiritual as well as material welfare of the family, particularly that of a father. The only personal law which permits adoption under statute is the Hindu Adoptions and Maintenance Act, 1956. There are no other laws governing people belonging to other religions or communities. The Parsis, who are governed in their personal law by the Parsi Marriage and Divorce Act 1936 and the Indian Succession Act 1925 (pt. III), have no provision for adoption. There is however, a customary form of adoption among them known as Palak, which allows a childless Parsi widow to adopt a son on the...
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...EQUAL RIGHTS IN LAWS RELATING TO DIVORCE: A COMPARATIVE STUDY OF DIFFERENT PERSONAL LAWS IN BANGLADESH A Research Monograph Submitted as Partial Fulfillment of Master of Laws (LLM) Degree Submitted By: Examination Roll No. 08239085 Registration NO.3347 Examination: 2012 Session: 2007-2008 DEPATMENT OF LAW UNIVERSITY OF RAJSHAHI BANGLADESH DECEMBER 2012 DECLARATION The researcher, as a candidate for the degree of Master of Laws (LLM), is fully aware of the rules and regulations of the University of Rajshahi relating to the preparation, submission, retention and use of a research monograph. She acknowledges that the University requires the research monograph to be retained in the library for record purposes and that within Copyright privileges of the author it should be accessible for consultation and copying at the discretion of the library authority and in accordance with the Copyright Act 2000. I authorise the University of Rajshahi to publish an abstract of this research. The researcher also declares that this research monograph entitled ‘Equal Rights in Laws relating to Divorce: A Comparative Study of Different Personal Laws of Bangladesh’ is solely the outcome of her own efforts and research for the partial fulfillment of the degree of LLM. No part of this research monograph in any form has been submitted to any other department or institution for the award of any degree or diploma or to any journal for the purposes of publication. Researcher ...
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...CHAPTER IV RELEVANCE OF HOSEA’S MESSAGE IN THE CONTEXT OF MARRIAGE TODAY 1. Introduction In this chapter, we shall see how the oracle of prophet Hosea is relevant in the context of marriage today. The story of Hosea’s marital and family experiences is remarkable for the insights it offers concerning the biblical message as a whole. It demonstrates the supremacy of love over law. In this chapter therefore, we shall see how law and love overlap in marriage; this will then be followed by an analysis of eros and agape in the light of Pope Benedict XVI’s encyclical, Deus Caritas Est. The basis of the legal maxim “neccesitas non habetlegem” will then be established by looking at the centrality of love in marriage; modelled in the life of the Trinity....
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...Gay Wedded Bliss Erica Pickering SOC 120 David Strand June 24, 2013 I chose the topic Gay Marriage, and I chose this one, because I have such a strong view and opinion on this topic. I wish that one day we could all live in a world where everyone is accepted, no matter who that love, that is my idea of a perfect world, that and no violence. Gay Marriage I know though will never be 100% accepted everywhere, and it does not have to be, everyone has the right to their own opinion and freedom of speech. I am completely for Gay Marriage, I do not see an issue at all, but I know others feel differently. I feel that the gay community should get the same treatment and same benefits we do with marriage. My opinion on this issue has always been the same as long as I can remember. I have never had a problem with gays, nor will I ever; I just view them as people. I wish everyone could have the same views, I think this world would be a better and more comfortable place. I know gays are viewed as different, and outcasts but I know I would not want to feel that way. I follow the golden rule, treat others as you would want to be treated and do unto others and you would wish them to do to you. I have never had anyone close in my family that was gay, but I have had friends that I knew were gay, and they were honestly no different than my straight friends. They treated me the same, treated their families and other friends the same, nothing different. I had this girl, who used to be...
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...Christian Community “But you will receive power when the Holy Spirit comes on you; and you will be my witnesses in Jerusalem, and in all Samaria, and to the ends of the earth.” (Acts 1:8, NIV). Through Christ, the first community of Christians - the Apostles - was created to serve as an example of the need to love Christ not just as an individual, but also to share with other believers and grow spiritually as a collective body of Christ. The Bible provides Christians with an assurance that Christ’s love is to be experienced and shared by all who believe in Him. In Acts 2:42-47, Paul describes one of the early Christian communities learning the “apostles’ teachings and fellowship”. He states, “All the believers were together and had everything in common.” “Every day they continued to meet together in the temple courts. They broke bread in their homes and ate together with glad and sincere hearts, praising God and enjoying the favor of all the people.” The apostles fostered the Christian’s need to learn about Christ and praise Him together in their own daily life as well as the manner in which they shared the life and word of Jesus with the new Christians. In addition to a Christian community providing mutual learning and worship, the Bible also describes Christians as encouraging one another and inciting one another in the love of Christ. In Hebrews 10:24-25 it is said, “And let us consider how we may spur one another on love and good deeds. Let us not give...
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...What does Ambrose say about Agnes, virginity and marriage? In essence, Ambrose is speaking about praise for Agnes. He encourages both married, unmarried, and children to both admire as well as take courage from the example set by Agnes. He goes on to talk about even at her young age of 12 there was strong faith in this girl who has suffered martyrdom. He praised virginity as a whole as it was thought to be brought down by the word of heaven. Virgins were strong as they were able to overcome powers which were not visible. In terms of marriage he talks about how there are benefits to a life of virginity but not discouraging marriage as a whole. Basically stating if you don’t have a wife do not seek one. In regards to virgins in general he states a person who gives a virgin in marriage is doing no wrong, but a person who does not is no better or worse than the one who does. Furthermore, he goes on to discuss how having children increases a woman’s sorrows (more responsibility). St Jerome (c. 340-420), Letter to Magnus, an orator of Rome (397) http://www.newadvent.org/fathers/3001070.htm 1. Why is it all right for Christians to refer to the pagan authors of the ancient world? An example was stated in a passage which stated that a bishop of an Athenian church delivered a treatise to Emperor Hadrian defending the Christian religion. Books were also written by Origen which compares opinions of both Christians and philosophers. St Augustine (354-430), City...
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...defense of marriage and strengthening of families in regards to early childhood and how each differs I’m going to start off with the Republican party of Texas which firmly believes that marriage is God-ordained and that it can only be a legal and moral commitment between a natural man and a natural woman which they consider to be a foundational unit of a healthy society. The platform opposes any type of recognition to allowing benefits to couples who label themselves as domestic partners and are not legally married. They also advocate the removal of laws that place an unfair tax on a families income. And at last the Republican party of Texas supports the traditional Judeo-Christian values on family and opposes the continued attack on these traditional values. Republicans oppose any type of government mandated pre school or kindergarten (Republicans of Texas -Strengthening families promoting life and protecting health, pg 7) Libertarians on the other hands differ completely then those of the Texas republicans. Libertarians support full protection of people from federal and state legislation that go against ones individual rights to not allow marriage base on gender orientation. They believe that the government has no authority in deciding who can and cannot get married and that marriage is a private contract and shouldn’t be defined by the government or licensed, and hope to remove any legislation and or polices regarding to what a marriage is. In...
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...9 Irrelevant/Immaterial Considerations 9 Natural Justice 10 Legitimate Expectation 11 Discussion of Findings 12 Recommendations/Solutions 16 Conclusion 18 Bibliography 19 EXECUTIVE SUMMARY Using case law, this research paper will provide a critical analysis on the legal issues raised in the case of David vs. The Empowerment Board of Antigua. Several issues of administrative law were identified in this case, and the researchers have sought to examine their respective implications to David and the Empowerment Board. The findings of this case focus less on the final decision of the Empowerment Board, but concentrates on the prevailing factors involved in the decision. The principles of Substantives Ultra Vires, Natural Justice and Legitimate Expectations form a major part of this study and consequently the researchers have recommended options to be considered by both David and the Empowerment Board. BACKGROUND FACTS Across the globe there is growing pressure by homosexual couples to get their “unions” officially recognized by governments. This would enable them to be legally considered married, and thus provide them with the protection and benefits currently only enjoyed by heterosexual couples. While recognition of same-sex couples has been slow in coming, since 2001 twelve countries officially allow same-sex marriage, with several other jurisdictions though not allowing the legal...
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...Conjugal versus Revisionist Marriage: The ongoing debate in the U.S. over what constitutes marriage. What is Marriage? Are there qualifiers for what relationships can be classified as marriages? This paper will examine the arguments for defining marriage through the lens of Western Moral Tradition. According to the U.S. Government marriage is define as, §7. Definition of “marriage” and “spouse” In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife. (Added Pub. L. 104–199, §3(a), Sept. 21, 1996, 110 Stat. 2419.) Where does the official United States Federal definition stem from? The answer to that question is not a single source but a series of teachings handed down from Western society stemming, arguably going back to ancient Greece and ancient Jerusalem. The legal use of marriage is not just for religious purposes but also for tax, property rights, and child rearing. Recently, a cultural divide has invigorated a debate on redefining marriage to include same sex or non-traditional unions as marriages. The debate is largely two sides each defining the specifics of what marriage entails. The first is referred to as conjugal view and the latter is revisionist view. Conjugal...
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