Re: [mpisgmedia] [aside] HC on age of marriage (grandmotherly rights issue?)

Hi everyone,

1) The HC has correctly reaffirmed the position as per
the Hindu Marriage Act 1955 - that marriages where the
bride is 15+ are not invalid ab-initio, but may be
confirmed at the option of the marrying parties
(especially the girl) once she attains majority. Hence
such marriages are not invalid.

2) There are several associated aspects which perhaps
the HC has not delved into (I havent cared to read
this judgement as yet) - like statutory rape,
invocation of Child Marrige Restraint Act 1929 etc.
However these are all trivial and unenforceable. The
Child Marriage Restraint Act especially is enforceable
only against cerain sects of Muslims.

3) The real reason why all these commies / loony left
are p***ed off with this judgement is that the timing
is all wrong and comes just before Girija Vyas
(Chairperson NCW) was meant to forward her pet
"Compulsory Marriage Registration Bill 2005" to the
sub Committee (actually it was drafted by Poonam
Advani's BJP lot - but Dr.Vyas finds it convenient
too). As is well known Arjun Singh (BOSS over NCW) was
waiting to use this Bill to get Dr Vyas kicked out
from NCW. I have a copy of this BILL - which is going
to be a potent time bomb in the hands of the Left /BJP
just before the Bihar elections. Dr. Vyas is well
known for these time bombs which cause so much trouble
for Soniaji - Manchand Khandela was inducted into
Rajasthan Congress during her time ;-)

3) Pinky Anand etc would know the law quite well.
Indira Jaisingh I am sorry to say only learns the law
after someone teaches it to her - case in point being
her volte face in the Kapu vs Kapoor matter where she
has resiled 180 degrees from her "landmark"
GitaHariharan Judgement which set the Women's Right
movement in India back by 20 years - undoing as it did
PathanKhan.

4) I also agree that this is not a gender thing, its
political and regretably certain ladies in the public
eye are taking this matter on party lines without a
care for the laws involved. In particular Girija Vyas
should take heed before she attempts to dump the
Special Marriages Act into the garbage can of India -
incidentally the said Act calls for both parties to be
21+ years before marrying without parental consent and
which NCW (as per their own website) wishes to LOWER
to 18 years.

Sarbajit

--- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:

> Delhi High Court has reportedly ruled that marriage
> of
> a girl at 15 is not void or voidable. At least
> Brinda
> Karat, Renuka Chaudhry, Girija Vyas and Indira
> Jaisingh have reportedly disapproved and at least
> Pinky Anand and Madhu Kishwar have reportedly
> not-disapproved. I am confused, as I had the
> impression of clear law and consensus on later
> marrying, confirmed by nearly all (varied) responses
> to the question I had begun asking the week before
> about youngest age for a woman to have a child
> without
> breaking any law or offending any rights lobby.
> I was asking to figure out the age of grandchild
> that
> I could theoretically and politically correctly
> claim.
>
> After the ruling it seems I could be grandmother of
> nearly-teenager, and I spot an issue. At present (as
> mother of teenage son, under the obtaining consensus
> on gender issues) I have benefit of 2 generations of
> men duty-bound to take care of me and low
> probability
> of improvement in my circumstances on that count. If
> I
> were grandmother of teenage grandson (possibility
> that
> seems open at least in law), I would have had
> already
> 3 (and very likely also more respect than I do in
> the
> world at large).
>
> NB:
> I am not taking or joining issue with any
> public-spirited women of substance; I have only
> personal interest in the affairs of the world and
> this
> is mere mention of a perceived personal problem that
> might seem trivial to most and is made in context of
> gender-rights only because I am a woman short of
> years
> for elderly-rights eligibility and yet to understand
> why the gender discourse goes on in name of all
> women
> including myself.
>
> btw:
> I studied architecture pre-marital, planning
> post-marital and research post-natal and love them
> in
> that order. could that be a bio-chemical thing? (I
> am
> often told I do not otherwise display any noteworthy
> changes since childhood)
>
>
>
>
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[mpisgmedia] [aside] HC on age of marriage (grandmotherly rights issue?), Gita Dewan Verma
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