C'da
I am proud of you Rajen. Excellent questions!. Where have you been all these months and years, NOT asking right questions like this ? But better late than never.
He has always been here - you just didn't like his previous questions? -:)
Barua,
>Who will pay for the Rs 1000 Registration Fee + Attorney's Fee for the millions >of poor citizens?
The news item doesn't say anything about Rs.1000 fees or registration?
But your point is well taken.
So, now the question is:
Should reforms (in this case a judicial reform) NOT be undertaken because down the line some unscruplous middlemen will make money? Or stalled because of corruption exists?
If that is the case C'da, your frequent demands for 'reforms' carry no direction. On the one hand you demand reforms, while on the other you are saying these attempts at reform are "More empowerment for corruption".
Reforms must go on, but corruption has to be battled on a different front. Just because corruption is rampant, all attempts at reformation can't be stopped.
--Ram
On 2/15/06, Chan Mahanta <[EMAIL PROTECTED]> wrote:
I am proud of you Rajen. Excellent questions!. Where have you been all these months and years, NOT asking right questions like this ? But better late than never.
***Looks like a Bonanza for some middlemen to make money.
Exactly! More empowerment for corruption, while making attempts at looking like doing something effective or useful!
c :-)
At 7:42 AM -0600 2/15/06, Rajen Barua wrote:Who will pay for the Rs 1000 Registration Fee + Attorney's Fee for the millions of poor citizens?Will the couple will have to apear in the court for registration?Then another wait for court dates?What are the scopes for loop holes and corruption?Looks like a Bonanza for some middlemen to make money.Does the registration mean some kind of identification of citizens in state like Assam?RB
----- Original Message -----From: Ram SarangapaniTo: ASSAMNETSent: Wednesday, February 15, 2006 12:09 AMSubject: [Assam] Marriage made at registrar's -TelegraphAt last, the courts have come in to make marriage registration mandatory. Further, States (where registration is not mandatory) have 3 months to get their act together.The Hindu Marriage Act, 1955, empowers state governments to make registration compulsory to facilitate documentary proof of marriages. The act, however, makes it clear that non-registration should not affect the validity of a marriage.Under the Special Marriage Act, 1954, which can be used by citizens of all religions, registration is mandatory. Likewise, the Indian Christian Marriage Act, 1872, provides for entry in the register of the church where the union is solemnised. In the case of Muslims, the nikaahnama records the terms of marriage. - TelegraphObviously these did not protect women and children, so the courts seem to made the apt ruling.This is interesting stuff. What do netters think?--Ram______________________________________Marriage made at registrar'sSINGH GYANANT KUMARNew Delhi, Feb. 14: Marriages must be registered, the Supreme Court ruled today in an order that seeks to protect women as well as children and lay down the first uniform guideline to regulate the cornerstone of the social system.The court has directed the Centre and state governments to make changes in rules to ensure that registration of marriages is made compulsory. The order means Bengal, one of the states where registration is not mandatory, has to amend rules.Justices Arijit Passayat and S.H. Kapadia gave the Centre and states three months to comply with the directive. The judges, who asked the governments to seek opinion from the public, said the rules should spell out the consequences of non-registration.The ruling was based on a draft prepared by the National Commission for Women which said all marriages have to be registered irrespective of religion.The court did not specifically mention whether all religions will be covered - the details will be known once the written order is made public.The directive came on a petition regarding a marriage dispute. The court enlarged the scope of the petition and sought the views of the women's commission. In an affidavit, the commission had said "non-registration of marriages affects women the most".NCW chairperson Girija Vyas said today's directive would help check social evils like child marriage. Sri Lanka saw a sharp fall in such marriages after registration was made mandatory.Vyas said the commission's draft bill provided for a simple procedure which would neither interfere with personal laws nor hurt religious sentiments. Qazis and pandits, she added, have been given the power to register marriages.She said the government should ensure there is a uniform law throughout the country. Maharashtra, Karnataka, Himachal Pradesh and Andhra Pradesh are among the states where registration of marriages is compulsory.The Hindu Marriage Act, 1955, empowers state governments to make registration compulsory to facilitate documentary proof of marriages. The act, however, makes it clear that non-registration should not affect the validity of a marriage.Under the Special Marriage Act, 1954, which can be used by citizens of all religions, registration is mandatory. Likewise, the Indian Christian Marriage Act, 1872, provides for entry in the register of the church where the union is solemnised. In the case of Muslims, the nikaahnama records the terms of marriage.Legal experts said the rule would also help courts save time to prove the authenticity of a marriage, spare a litigating spouse harassment and decide inheritance rights. Advocate Abhishek Rai said several cases of "bigamy" ended in acquittal because it was necessary for the wife to prove that both the marriages were "valid and binding".The experts said that living with a woman other than the wife merely gave the latter a civil right to divorce and, therefore, it was necessary to prove the fact of marriage to fix criminal liability on a man.![telegraphindia.co/19102583.gif]()
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