The existing Indian law pertaining to rape offences is inadequate and ineffective. In a case where a Catholic nun was raped during the anti-Christian riots in Orissa, the High Court granted bail to the accused. The single judge bench comprising Justice C. R. Das said that it was evident that the accused led the violent mob in the aftermath of Hindu leader Swami Laxmanananda Saraswati’s murder. However, it was stated there was no clear evidence that he had committed rape.
Generally, conflict of laws is a term that relates to private international law. Typically, it comes into discussion when the laws of two countries clash on the basis of classification. This is most apparent when a married couple decide to end their marriage and seek matrimonial reliefs in a court of law.
Sex abuse scandals have taken the Church in Ireland by storm in March 2010. There has been tremendous pressure on Cardinal Sean Brady to resign after reports indicating that he did not inform the police about sexual abuse of children by Father Brendan Smyth, who is one of Ireland’s most notorious child abusers.
Dowry is a much dreaded word in India because it is as real as a lot of other unpleasant social evils in the country such as female foeticide. The social norms and pressures in India tilt the marriage scenario in favor of the bridegroom's family. Right from the time a daughter is born, the parents begin planning and saving for marriage.
In Kerala, particularly in the Malabar region, the communities of Syrian Christians or Nazranees form a small minority but their political and socio-cultural influence throughout the state is tremendous.
Courts in India have taken diverse views on whether Catholic priests are entitled to inheritance rights. In Hindu law, a Hindu ascetic or Sanyasi loses civil rights upon renunciation.
In modern Indian law, the term 'fraud' has been given a wider interpretation. Mere statements alleging fraud in the pleadings is not sufficient to establish a presumption of fraud in matrimonial law. Section 19 of the Indian Divorce Act contemplates fraud as a ground for divorce but the term has a broad scope.
In a Christian marriage, adultery is one of the grounds for dissolution of a marriage. The meaning of the word has not been defined under the Act but it has been interpreted to mean voluntary sexual intercourse of a married person with another other than the husband or wife.
English law applies the ‘caveat emptor’ maxim in case of a marriage. Based on this notion, a marriage cannot be avoided either by simple fraud or mistake. Mere concealment or even over projection of facts between the parties cannot invalidate a marriage.
Who is a Christian?
Section 3 of the Indian Christian Marriage Act 1872, defines a Christian as one who professes the Christian religion.
Takeaway Tip: Christians who are not baptized are also considered as Christians under this Act. Baptism is not a necessary condition to prove that a person is a Christian.