Skip to main content

Child Marriages in India

 Child Marriages in India

In India we have provision regarding age for marriage like 18 for female and 21 for males but malpractice is still prevalent in society for child marriage means marriage between minors which is illegal and a punishable offence. But still this practice is widely practiced in India specially in Rajasthan. And these types of marriages are voidable at the option of parties. This discretion is given to the parties because injustice has been done to them, they can void the marriage at the time of marriage or also when they become adult.

In Child Marriage it is the female who faces lot of problems, restrictions and discrimination because they have to shift to the husband's house and it further decreases the possibility of access to education and women empowerment.

Now the question arises why it is widely practiced even after existing laws, as we know India have a huge population with a good percentage of people under poverty so when a girl is born in family then it is hard for their parents to do good parenting or provide her good life and they treat her as burden so they decide to handover the liability by getting her married and handover her to the male family. And the male family is in the mindset that they will get a free maid for the housework and it is assumed that the female if they didn't get the puberty than they can be molded in anyway and asper the family needs and wants. Also, culture and tradition play important role in this context because people are practicing these things from ancient time so they think that it is now justified and became acceptable.

Consequences of Child Marriage can be pre-mature pregnancy which affect the health of the girl even sometimes their body can't hold and they die and risk of unhealthy baby is very high, also because of marriage in younger age they stay unheard from education. They become fully dependent on their husband and cannot take their own decisions which leads them into vicious cycle of housewife. Their full life becomes hell of restrictions like you cannot do this, you cannot do that, you have to behave like this, this is your duty, you cannot give incites in men's conversation, your duty is to bear all the pains and smile.

Now the question arises that what are the provision we have regarding Child Marriage. We have The Prohibition of Child Marriage Act, 2006 which prohibits solemnization of marriage of a boy who is less than 21 years of age arid a girl who is less than 18 years of age. And also, Magistrate have the power to issue injunction prohibiting child marriage.

According to the data, the number of cases registered under the Prohibition of Child Marriage Act in 2018 was 501, in 2017 was 395, in 2016 was 326 and in 2015 was 293. These data show us the gradual increase of register of cases which reflect us a positive change in society, people are showing concerns and becoming conscious but still the proportion of register cases and actual cases of child marriage is huge.




Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree