Balika Vadhu

Rights of child vs. encouraging illegitimacy

tinoo thumbnail
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Posted: 12 years ago
 
The supreme court has passd a law that states that illegitimate children have rights to property in april 2011
 
 
While this law is to protect the rights of the illegitimate child,  the debate is whether in protecting the rights of the illegitimate child
 
a)  it also promotes illegitimate relationships like the one between jagat and gauri.
 
and
 
b) takes away the legitimate children's rights or diminishes them by allowing illegitimate children also to stake a claim.
 
Lets discuss.
 
Any other angles also welcome.
 
 

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Suchi- thumbnail
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Posted: 12 years ago
The solution to this is , DS legally disowning Jagya and  I think she will and not to mention Nandu is still there. 

shivani003 thumbnail
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Posted: 12 years ago
This is a very tough issue for me to comment on. What is the child's fault in all this?
 
Its about the loser parents who put a stigma on their child for the rest of their life. Its sick! I cant even imagine what it would be like to live the life of a child who is seen as unwanted in society.
tinoo thumbnail
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Posted: 12 years ago
There is a global movement in several countries - where now illegitimate children are being given the same rights as legitimate ones.  India is actually one of the last on the bandwagon.
 
salient points
 
1.  The laws are based on the principle that only the perpetrator of the crime (and accomplices)  is to be punished for a crime.   Just like one would not prosecute innocent bystanders, the child here is innocent as it had no hand in instigating its parents illicit relationship.
 
2.  In terms of taking away from the property rights of legitimate heirs - the court rules that nothing has been taken away so to speak, because the legitimate child too did not have a hand in ensuring that its parents had a legal marriage.  So it has not "done" anything to be deserving of the legal property solely.  The legal heir is in such a position because of happy circumstances that surrounded his/her birth - that he/she was born into a legal marriage.
 
3.  Child rights and adultery are seen as two separate offences -  and the punishment for adultery is to be borne by the criminal/perpetrator/accomplices himself or herself - and not by the child borne of an adulterous union.
 
To say that inheritance rights of illegitimate blur the concept of the institution of marriage is not correct according to courts in many countries.  It is the focus on punishment that is important.
 
Consequently, the two people who should be punished are jagat and gauri, so anandi needs to get off her butt and file the case to accord punishment and send him to prison.  Prison will be the best deterrent/punishment and will be the appropriate punishment to the perpetrators involved.
 
 
 
sumali thumbnail
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Posted: 12 years ago
Hi! I am posting in this forum for the first time. Though I don't watch the serial, I catch up  the updates at times, and visit the forum often just to read the entertaining posts. This particular post caught my attention, so I am just penning my thoughts.

   I come from a family of lawyers, both my brothers are lawyers, my elder brother is a judge and my younger bro is a very popular civil lawyer. Though, I didn't discuss this case with them, but I remember a few years ago, my younger brother was fighting a similar case like this for his client. His client was the first wife's son who was fighting against the second wife's son regarding the property share. At that time, I asked my brother regarding this because I knew that the children though illegitimate have an equal claim in the property as the legitimate children.

   My brother's answer was like this. " If the second wife marries the guy with the full knowledge that the man is already married, then her children will not be eligible for the family property. They are eligible only if she has married him without knowing that he is aready married".

   Since when I read this post, I recollected this convo between my bro and me, so posted this. Hope this helps.
tinoo thumbnail
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Posted: 12 years ago
In the case of anandi this is a moot point. 
 
even if there were no law -- anandi would singlehandedly take on the legal system and ensure there was  a law passed for baby shifty eyes to get his haq as waaris of haveli.  😆😆
manny136 thumbnail
Posted: 12 years ago
If this was some unexpected pregnancy while they were still dating even though the baby was illegitimate it would not be the baby's fault and couples should not be stigmatized for their life choice but J and G worry about this but still act like a married couple in society even though their marriage is illegal. They know the entire truth yet they act all  our poor baby its future blah blah they knew the truth and legality of their marriage and now act like they r the poor victims, i feel no sympathy for them or for this baby, they made the choice consciously not like couples who aren't married but face a similar situation, those couples r not the ones cheating another person and leaving tht persons life in limbo for their own selfish reasons.  
anshansh thumbnail
Posted: 12 years ago
when bhairon revealed the illegitimacy of their relations they still went on so my view point is that jagya is a ditcher man she knew and she knew her relation is illegal so she is the real culprit "NO SYMPATHY FOR SUCH PEOPLE AND THIS CHILD "THEY ARE BLEMISH for our society especially r hindu society where such relations r prohibitten so both r dirty people though being educated so no pity no mercy for such child also
tiny15 thumbnail
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Posted: 12 years ago
Originally posted by: anshansh

when bhairon revealed the illegitimacy of their relations they still went on so my view point is that jagya is a ditcher man she knew and she knew her relation is illegal so she is the real culprit "NO SYMPATHY FOR SUCH PEOPLE AND THIS CHILD "THEY ARE BLEMISH for our society especially r hindu society where such relations r prohibitten so both r dirty people though being educated so no pity no mercy for such child also

though i agree wid u on having no sympathy either 4 J or G but i've sympathy 4 the child till now & if after growing up he/she acknowledges his/her parents action as rite!! Edited by tiny15 - 12 years ago
Rolzz thumbnail
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Posted: 12 years ago
I have a doubt here... Bhairo has transferred all property to Anandi, so if Jagat gets divorce from A, will the kid have any rights on the property?