Balika Vadhu

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Balika Vadhu
Balika Vadhu

supreme court law on naata pratha

tinoo IF-Rockerz
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Joined: 30 June 2011
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Posted: 17 December 2011 at 5:32am | IP Logged
I did a lot of googling.
 
It appears that naata is something that enjoys legal sanctity in the eyes of the law.
 
The supreme court of India holds the validity of naata -- however, there is one caveat -- that the man cannot have a pre-existing wife or a naata with two women simultaneously.
 
If it is found that a man has taken on a naata woman  -- while he is currently married (which is what has happened here in bharat's case)
 
then he will be tried for bigamy (if naata woman files a case or someone files on her behalf)
 
and under Indian Penal Code section 494 -- Bharat will go to Jail for 7 years.
 
This is the same law that Jagat and Gauri are scared of.  Anandi can file a case against them on the basis of the same law.
 
Yay-- creepy naata in-law family behind bars for 7 years ClapClapClap
 
Also,  the court says that naata cannot be broken with breast-feeding woman, because often times  a man may sell a woman to some other man saying "he has broken his naata" -- and may enter into monetary transactions with another man and sell the woman into another naata.
 
In that case,  if there are breast feeding children  - it is obvious that the second man will not want burdens of pre-existing children from other naatas -- according to supreme court of india law,  naata cannot be broken with a woman who has a breast feeding child.  The naata "husband" is responsible for caring for his wife until they are all weaned off  natural mothers milk ( in villages this continues until age 8 or so).
 
So, since phoolis baby is breastfeeding - the baby's rights will belong to the woman if the husband breaks the naata.  the naata father has no rights. ClapClapClapClap
 
 
I like all these laws.   They are so sensible to protect the rights of children - girls.
 
Even anandi's law was a good law --
 
that child marriage is illegal,  but if it has been entered into then it becomes completely valid and  a proper divorce is required to protect the right of the victim of child marriage. ClapClapClap
 
 

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tiny15 IF-Stunnerz
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Posted: 17 December 2011 at 5:56am | IP Logged
@tinoo thanx a lot 4 giving this valuable info!!Clapi was also thinking rather wondering that how can Indian law overluk such condns where women r/can b victim most of the time??Confused
so i m happy Indian Law has taken in considern women's esply rural women's social restrictions & giving them their lawful rights!!SmileSmileClapClapClap

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avivakirk IF-Sizzlerz
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Posted: 17 December 2011 at 6:20am | IP Logged
Thanks Tinoo for the post...Glad to see that law is there to protect the rights of these women...Even if there is the law to protect them  the society around them  would make sure these women never raise their voices in protest nor justice granted to them .

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tinoo IF-Rockerz
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Posted: 17 December 2011 at 7:03am | IP Logged
Yes, I am very impressed with the Indian constitution and the Indian judiciary -- it does things in such a way that it upholds the validity of all Indian cultural practices -- regardless of how barbaric or outdated they seem to our modern eyes -- it understands completely the cultural context -- but ensures that there is complete protection for any unfortunate victims of these cultural practices.  ClapClapClapClapClapClapClap   The law of the land rocks!

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sudhabalakumar Senior Member
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Posted: 17 December 2011 at 7:23am | IP Logged
Originally posted by tinoo

I did a lot of googling.
 
It appears that naata is something that enjoys legal sanctity in the eyes of the law.
 
The supreme court of India holds the validity of naata -- however, there is one caveat -- that the man cannot have a pre-existing wife or a naata with two women simultaneously.
 
If it is found that a man has taken on a naata woman  -- while he is currently married (which is what has happened here in bharat's case)
 
then he will be tried for bigamy (if naata woman files a case or someone files on her behalf)
 
and under Indian Penal Code section 494 -- Bharat will go to Jail for 7 years.
 
This is the same law that Jagat and Gauri are scared of.  Anandi can file a case against them on the basis of the same law.
 
Yay-- creepy naata in-law family behind bars for 7 years ClapClapClap
 
Also,  the court says that naata cannot be broken with breast-feeding woman, because often times  a man may sell a woman to some other man saying "he has broken his naata" -- and may enter into monetary transactions with another man and sell the woman into another naata.
 
In that case,  if there are breast feeding children  - it is obvious that the second man will not want burdens of pre-existing children from other naatas -- according to supreme court of india law,  naata cannot be broken with a woman who has a breast feeding child.  The naata "husband" is responsible for caring for his wife until they are all weaned off  natural mothers milk ( in villages this continues until age 8 or so).
 
So, since phoolis baby is breastfeeding - the baby's rights will belong to the woman if the husband breaks the naata.  the naata father has no rights. Clap
 
 
I like all these laws.   They are so sensible to protect the rights of children - girls.
 
Even anandi's law was a good law --
 
that child marriage is illegal,  but if it has been entered into then it becomes completely valid and  a proper divorce is required to protect the right of the victim of child marriage. ClapClapClap
 
 




Thnx...nice post abt Nata. Very glad that our constitution has proper law that will be helpful for those ladies who are left by man by the name of nata.

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stuti.. Senior Member
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Posted: 17 December 2011 at 9:32am | IP Logged

Glad to know that our laws have adequate safeguards to protect its subjects- especially vulnerable ones- with innate insight to accommodate so many peculiar situations arising out of evolving social practices. Hope BV will show its full power as loud and clear as possible. Its imperativeness cannot be overstated, considering hideous exploitation going on in real life. As written somewhere else, the danger is in form of vindictive boycott of a 'defying' victim- even if she is awarded clear justice by legal courts. Punishment coming from adamant panchayat elders who come down hard on the complainant for both; to dare defy their unjust ruling on the ulterior and to protect their vested 'territory' of male dominance patriarchy. The Khaps are notorious to go extrajudicial in their own brand of defiance to laws of land when checked or countermanded by the legal system. In such cases, community boycott often breaks the back of a victim when they have no skill or means to resettle elsewhere (unlike Phooli). Hope, they show legal system taking strict punitive actions against such connivance of manipulative atrocities.

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Missesha IF-Dazzler
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Posted: 17 December 2011 at 9:36am | IP Logged
Thanks Tinoo!!
swetha_ch IF-Dazzler
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Joined: 08 August 2011
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Posted: 19 December 2011 at 1:11am | IP Logged
Informative post. Thanks for sharing.


Edited by swetha_ch - 19 December 2011 at 1:34am

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