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Child Marriage Laws: The Flip Side (Page 6)

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woman11

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woman11

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Posted: 05 June 2011 at 7:27pm | IP Logged
Originally posted by mhkadiwal

There is no law in India which says that Anandi / Jagya marriage was illegal.
The Child Marriage Restraint Act, 1929 ,last amended as THE PROHIBITION OF CHILD MARRIAGE ACT, 2006, was enacted with a view to restraining solemnisation of child marriages. The Act was subsequently amended in 1949 and 1978 in orderto raise the age limit of the male and female persons for the purpose of marriage. The Act, though restrains solemnisation of child marriages yet it does not declare them to be void or invalid. The solemnisation of child marriages is punishable under the Act.
So a person married has the same rights as in any legal marriage.There is option to get a marriage declare null in court upto a time limit.Maintenance,residence is of husband's/husband's family's responsibility.
The child marriage laws as such are sufficient to protect a child bride.


Dear mhkadiwal,
I am aware of the PCMA 2006 that does make a provision for the maintainence and recognition of the child bride. However, all the cases I have cited are real life cases and atrocities in the name of child marriage are still happening. As you must be aware, the current PCMA, in spite of its promise to support child brides does have a lot of loophole that may be exploited:

1. "The petition under this section may be filed at any time but before the child filing
the petition completes two years of attaining majority
."---This is a major loophole, since most of the times it is the husband that abandons the marriage and are pretty much capable of moving on to the next partner before they attain 21. If you read the 3rd case study that I have mentioned, the guy was 19 years of age and he could easily nullify his marriage under the claim that he himself is a minor!! Unfortunately, the discrepancy of legal adulthood between a woman and a man--i.e 18 and 21 years actually works against the woman for it gives the man a larger leeway in terms of years, though it's not necessary that the men will refrain from "adult activities" till 21!

2. "The Provision for maintenance and residence to female contracting party to child
marriage"
is again a very fuzzy area and is not as well defined as the adult marriage act. For example, unlike the Hindu Marriage Act, the court will not secure alimony at the charge of " an immovable property of the respondent". Again, unlike the HMA, it is completely up to the court to decide HOW much money should be paid as maintainence and does not depend on the application made by the wife.
It is not surprising that with the wife often left with lesser bargaining power, she is frequently deprived of her alimony or has no recourse if the husband refuses to pay. She is mostly at the mercy of the husband.  

3. "Punishment for male adult marrying a child.- Whoever, being a male adult
above eighteen years of age, contracts a child marriage shall be punishable with rigorous
imprisonment which may extend to two years or with fine which may extend to one lakh
rupees or with both."

The Act does not create a provision for marital rights of child brides married to adult men. The men might be tried for child abuse/rape and punishable under offences of sexual assault which is a maximum of only 2 years, but the wives are not entitled to a regular alimony or compensation since the marriage itself is deemed void. Hence the issue of the first case study that I mentioned.

I did not go into the legal complexities in my original post, since I wanted to highlight how many girls/women face issues of abandonment and denial of marital rights due to the sensitive issue of child marriages. We do need more stringent laws to plug these loopholes. I really don't think that the current child marriage laws are "sufficient" to protect the child brides.

Also, my main focus was to report the real life picture prevalent in our country where, in spite of the laws, several women are regularly abused and exploited.

However, I thank you with heartiest regards for bringing in the legal discussion in this matter. Your post (and the other one too in this forum) made me read the laws more carefully and opened up a lot of questions for a non-legal expert like me.

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mhkadiwal

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mhkadiwal

Joined: 04 June 2011

Posts: 28

Posted: 05 June 2011 at 8:42pm | IP Logged
Originally posted by woman11

Originally posted by mhkadiwal

There is no law in India which says that Anandi / Jagya marriage was illegal.
The Child Marriage Restraint Act, 1929 ,last amended as THE PROHIBITION OF CHILD MARRIAGE ACT, 2006, was enacted with a view to restraining solemnisation of child marriages. The Act was subsequently amended in 1949 and 1978 in orderto raise the age limit of the male and female persons for the purpose of marriage. The Act, though restrains solemnisation of child marriages yet it does not declare them to be void or invalid. The solemnisation of child marriages is punishable under the Act.
So a person married has the same rights as in any legal marriage.There is option to get a marriage declare null in court upto a time limit.Maintenance,residence is of husband's/husband's family's responsibility.
The child marriage laws as such are sufficient to protect a child bride.


Dear mhkadiwal,
I am aware of the PCMA 2006 that does make a provision for the maintainence and recognition of the child bride. However, all the cases I have cited are real life cases and atrocities in the name of child marriage are still happening. As you must be aware, the current PCMA, in spite of its promise to support child brides does have a lot of loophole that may be exploited:

1. "The petition under this section may be filed at any time but before the child filing
the petition completes two years of attaining majority
."---This is a major loophole, since most of the times it is the husband that abandons the marriage and are pretty much capable of moving on to the next partner before they attain 21. If you read the 3rd case study that I have mentioned, the guy was 19 years of age and he could easily nullify his marriage under the claim that he himself is a minor!! Unfortunately, the discrepancy of legal adulthood between a woman and a man--i.e 18 and 21 years actually works against the woman for it gives the man a larger leeway in terms of years, though it's not necessary that the men will refrain from "adult activities" till 21!

2. "The Provision for maintenance and residence to female contracting party to child
marriage"
is again a very fuzzy area and is not as well defined as the adult marriage act. For example, unlike the Hindu Marriage Act, the court will not secure alimony at the charge of " an immovable property of the respondent". Again, unlike the HMA, it is completely up to the court to decide HOW much money should be paid as maintainence and does not depend on the application made by the wife.
It is not surprising that with the wife often left with lesser bargaining power, she is frequently deprived of her alimony or has no recourse if the husband refuses to pay. She is mostly at the mercy of the husband.  

3. "Punishment for male adult marrying a child.- Whoever, being a male adult
above eighteen years of age, contracts a child marriage shall be punishable with rigorous
imprisonment which may extend to two years or with fine which may extend to one lakh
rupees or with both."

The Act does not create a provision for marital rights of child brides married to adult men. The men might be tried for child abuse/rape and punishable under offences of sexual assault which is a maximum of only 2 years, but the wives are not entitled to a regular alimony or compensation since the marriage itself is deemed void. Hence the issue of the first case study that I mentioned.

I did not go into the legal complexities in my original post, since I wanted to highlight how many girls/women face issues of abandonment and denial of marital rights due to the sensitive issue of child marriages. We do need more stringent laws to plug these loopholes. I really don't think that the current child marriage laws are "sufficient" to protect the child brides.

Also, my main focus was to report the real life picture prevalent in our country where, in spite of the laws, several women are regularly abused and exploited.

However, I thank you with heartiest regards for bringing in the legal discussion in this matter. Your post (and the other one too in this forum) made me read the laws more carefully and opened up a lot of questions for a non-legal expert like me.

You have made very excellent points. I am myself a non-legal person and certainly not an expert.
I always feel that Law should be for the protection of ignorant and weak.

Child marriage is an abhorant act to the dignity of woman.It is no longer justifiable in our present times.
But this happens and law should be such that it does not take the dignity away from a woman.
When i said that the present laws are sufficient i might be looking at only one angle (Aanandi/Jagya), we certainly need more stringent law.

By the way, do look at the recommendation for the proposed ammendments in the current law, lawcommissionofindia.nic.in/reports/report205.pdf
There are some recommendation that i agree but the main one of voiding all child marriages ,i don't.

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intruderfast

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intruderfast

Joined: 18 October 2010

Posts: 14663

Posted: 05 June 2011 at 9:36pm | IP Logged

oh guys it is not a gaga pro anandi battle , very nice thread and excellent work by all of u Clap,
ok here is what i feel
 jagya can escape the clutches of law ,
the worst that can happen to him he might be asked to support anandi till she remarries,
 nothing else can happen. as per our current laws , jagya cannot be proved criminal in any court
he is really free to marry gauri and dump anandi , no one can stop him for that
and even if he informs anadi or not, law cannot do anything abt it
so legally he cant be punished at all.
jagya is very wrong in the way he treated anandi but still uska koi kuch nahin kar sakta
the serial cannot show that jagya can be punished legally
so either make him more bad,pathetic, disgusting and in this process everyone dumps him including gauri and he has nothing  left
or they can finally improve him, he has destroyed anandi's life ,now its time to repent 
, ask for anandi'sforgiveness, stand up for anandi and her rights , support her in her education, in future he can convince everyone for anandi remarriage
its the cvs choice and they will take either of the two option, so dont worry guys
, sabme aapki laadli anandi ki aakhir kaar bhalai hi hogiSmile
its sad that ppl have  misunderstood me here,
 i have never said that jagya should not be punished , usne jo galat kaam kiya hain , usse uski sazaa milni hi chahiye
and he has got some and if more punishment is needed, let him get it
but  i will say it again even though i  want him to be punished
i do not hate him given plenty of reaosns as to why, neither jagya nor gauri,
and though i dislike anandi very much , i want her to get justice in this serial,
 
 


Edited by intruderfast - 05 June 2011 at 9:40pm

Aurora.

Goldie

Aurora.

Joined: 11 June 2009

Posts: 1918

Posted: 05 June 2011 at 9:44pm | IP Logged
Originally posted by intruderfast


oh guys it is not a gaga pro anandi battle , very nice thread and excellent work by all of u Clap,
ok here is what i feel
 jagya can escape the clutches of law ,
the worst that can happen to him he might be asked to support anandi till she remarries,
 nothing else can happen. as per our current laws , jagya cannot be proved criminal in any court
he is really free to marry gauri and dump anandi , no one can stop him for that
and even if he informs anadi or not, law cannot do anything abt it
so legally he cant be punished at all.
jagya is very wrong in the way he treated anandi but still uska koi kuch nahin kar sakta
the serial cannot show that jagya can be punished legally
so either make him more bad,pathetic, disgusting and in this process everyone dumps him including gauri and he has nothing  left
or they can finally improve him, he has destroyed anandi's life ,now its time to repent 
, ask for anandi'sforgiveness, stand up for anandi and her rights , support her in her education, in future he can convince everyone for anandi remarriage
its the cvs choice and they will take either of the two option, so dont worry guys
, sabme aapki laadli anandi ki aakhir kaar bhalai hi hogiSmile
its sad that ppl have  misunderstood me here,
 i have never said that jagya should not be punished , usne jo galat kaam kiya hain , usse uski sazaa milni hi chahiye
and he has got some and if more punishment is needed, let him get it
but  i will say it again even though i  want him to be punished
i do not hate him given plenty of reaosns as to why, neither jagya nor gauri,
and though i dislike anandi very much , i want her to get justice in this serial,
 
 
@boldROFLis it only me or is anmol actually sounding like us tapu fansLOL.

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intruderfast

intruderfast

IF-Sizzlerz

intruderfast

Joined: 18 October 2010

Posts: 14663

Posted: 05 June 2011 at 9:53pm | IP Logged
ppl cange LOLLOLprithika
and i learned an important lesson after visiting different forums ,
 here sanaya , sonia ji r on my side where as my friends from ut forum r against me, 
aur tum toh permanently mere against hoROFL
but tappu and jagya r  very differentWinktappu is a criminal , jagya is not, so same logic does not apply here re
honestly i will be ok with either of the options(obviously more happy if he improvesWink)
 till jagya anandi is not possible


Edited by intruderfast - 05 June 2011 at 9:53pm

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Aurora.

Aurora.

Goldie

Aurora.

Joined: 11 June 2009

Posts: 1918

Posted: 05 June 2011 at 10:03pm | IP Logged
Originally posted by intruderfast

ppl cange LOLLOLprithika
and i learned an important lesson after visiting different forums ,
 here sanaya , sonia ji r on my side where as my friends from ut forum r against me, 
aur tum toh permanently mere against hoROFL
but tappu and jagya r  very differentWinktappu is a criminal , jagya is not, so same logic does not apply here re
honestly i will be ok with either of the options(obviously more happy if he improvesWink)
 till jagya anandi is not possible
@bold arrey mei kahan permanently tumhare against hu...remember PKYEKEmbarrassed.we both like abhiyaEmbarrassed.
@blue ok we wont talk about this as you know my tapu prem and your jagya prem has no limits..so no point in discussing.
@red omg you are again sounding like veeya fans onlyLOL.

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intruderfast

groucho

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Joined: 29 July 2010

Posts: 5336

Posted: 05 June 2011 at 10:29pm | IP Logged
I don't think that Jagya is punishable by law ( but I will bow down to those whose knowledge is more law - oriented) specially given this is a fictionalized serial.

I have totally disliked the way they went about Jagya's journey into realisation of his freedom of choice...the change in his behavior though he had problems to start  with as a child ...it  was appalling and not at all necessary ...I felt... BUT the reality is that even if you are not a child bride or groom, people change and move away from those they thought they loved...if it happens with adults who make their own choice...it is doubly possible for those who did not have that choice.

I feel that Jagya should get whatever is due to him...and that he should show his repentance by acknowledging he has wronged Anandi and take responsibility for her till such time that she does not need it...I sincerely hope that Gauri understands that!!!!!

Now, maybe Anandi will move on and give herself the education she so longed for as a child...meet someone, fall in love with him and that will show her that Jagya was right in a way.

If this is shown clearly and sensitively then maybe parents who might in the future think of child marriages...will think again.

In the end of course, Jagya's family will forgive him...Blood is blood after all and you cannot wipe out years of love that easily...for some time maybe but not forever. At least that is what I think


Edited by groucho - 05 June 2011 at 10:31pm

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intruderfast

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intruderfast

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Posts: 14663

Posted: 05 June 2011 at 10:34pm | IP Logged
Originally posted by groucho

I don't think that Jagya is punishable by law ( but I will bow down to those whose knowledge is more law - oriented) specially given this is a fictionalized serial.

I have totally disliked the way they went about Jagya's journey into realisation of his freedom of choice...the change in his behavior though he had problems to start  with as a child ...it  was appalling and not at all necessary ...I felt... BUT the reality is that even if you are not a child bride or groom, people change and move away from those they thought they loved...if it happens with adults who make their own choice...it is doubly possible for those who did not have that choice.

I feel that Jagya should get whatever is due to him...and that he should show his repentance by acknowledging he has wronged Anandi and take responsibility for her till such time that she does not need it...I sincerely hope that Gauri understands that!!!!!

Now, maybe Anandi will move on and give herself the education she so longed for as a child...meet someone, fall in love with him and that will show her that Jagya was right in a way.

If this is shown clearly and sensitively then maybe parents who might in the future think of child marriages...will think again.

In the end of course, Jagya's family will forgive him...Blood is blood after all and you cannot wipe out years of love that easily...for some time maybe but not forever. At least that is what I think

oh aditiji loved ur postSmilewhere were u saare points pe agreed
and i have to tell u abt my achievemnt , our old gang has migrated to this forumLOLLOLu were missing tham naa
now most of them r here thanks to meCool


Edited by intruderfast - 05 June 2011 at 10:35pm

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