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Frankly speaking I don't know how
big is this problem of 'protecting women' in India is. I know that it may not or
was not a problem for the Assamese people. I may be biased for that. If in rest
of India you think this is a real problem so much so that we need Court
registration to protect the wives, let the rest of India go for that. But my
concern is why and how the court make a ruling for all the states based on
certain report of National Commission for Women. ? Does the commission included
a real study for all the sates (rural and urban population)? Another concern is
that, say the Court Registration is stolen by the crooked husband, or never
given to the wife in the first place (in actual case also it will be kept by the
husband never to be seen by the wife) , where the wife will stand then? Now she
does not have anything. She will loose both the worlds. Because now that
registration is the only savior, nothing else on earth can prove that they were
ever legally married although they might have been for ages.
Overall I see 500 million
nightmares for Indians which I don't have now. We are burdening the simple rural
Indian life with too much paperwork. I would rather let some husband abandon
their wives without protectyion. I think India is going too mych on liberal side
without knowing what libarization means.
RB
----- Original Message -----
Sent: Wednesday, February 15, 2006 3:38
PM
Subject: Re: [Assam] Marriage made at
registrar's -Telegraph
While a lot of things could go wrong with the implementation, we have to
remember that the court has directed to states to come up with the rules
(States have the say in how its implemented and I guess how much they charge).
C'da gave a huge laundry list of things for a judicial reform. That is
all very good. In this particular case, the NCW has been able to drive home
the point of the importance of protecting women & children when necessary.
Would you or C'da rather NOT have the court rule this way
On 2/15/06, Rajen
Barua <[EMAIL PROTECTED] >
wrote:
Looks like National Commission
for Women which said all marriages have to be registered irrespective of
religion is the problem. Their intention may be all good. But I put the
Rs1000 only because the report does not say or think anything about
it. (Do you think it will be less than that?) Somebody must think
about the pros and cons. A Law may look good, but if it is expensive
to execute for millions of poor people, that Law will not be implemented.
Don't just think of the cities, think of the villages. I don't see why all
the villagers in India need to register for every marriage simply to protect
a tiny section of city dwellers where this problem may be happening.
Why a wife cannot get a Certificate from a Gaw Burah in case of such
requirement for the court?
I think our problem is the
Indian mindset.
RB
----- Original Message -----
Sent: Wednesday, February 15, 2006
8:20 AM
Subject: Re: [Assam] Marriage made at
registrar's -Telegraph
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
Sarangapani
To: ASSAMNET
Sent: Wednesday, February 15, 2006 12:09
AM
Subject: [Assam] Marriage made at registrar's
-Telegraph
At 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. -
Telegraph
Obviously 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's
SINGH GYANANT KUMAR
New 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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