apparently thats what a bench of the Karnataka high court thinks.. the 2 judge bench actually recommended that the parliament might consider looking into amending the Hindu marriage act to ensure that girls under 21 can't have love marriages!
as a student of law, i'm in shock..
1)a HIGH COURT bench is recommending that the parliament consider restricting the right of an adult to choose their life?? even while allowing parent/guardian/community to force a girl under age 21 to marry someone "arranged" for her? the high court seems to have forgotten that a consenting adult is capable of contract and the law cannot interfere in such contracts except in rare cases.
2). the HIndu marriage act does not at any point define who is allowed to arrange the wedding.. all it says is that "marriage" must be duly solemnised according to ritual. Nowhere in its 29 sections does the act mention anything about "love" or "arranged" marriage. all it requires is that two adult hindus solemnise the marriage according to the rituals and customs of either party. i fail to see on what basis the court has found it self capable of making such a ridiculous recommendation for legislative change..
3) it ominously highlights the fact that even our higer judiciary is still caught in the patriarchial framework where a girl is a "possession" to be carefully tended and handed over..
what i fail to understand is that how the same judiciary who allows rapists and molesters to roam free, suddenly develops such moral principles of control when the girl decides to take matters into her own hands rahter than be made into a victim.. if u really want to recommend changes, how about a change in the definitions of bigamy, maintenence provisions for estranged/abused women, rape laws, punishments for assault...?? out of the thousands of legislatons floating around in this country, what on earth made the court take notice of the humble little HMA??
“ In our opinion, the girls below the age of 21 years are not capable of forming a rational judgment as to the suitability of the boy, with whom they are in love. It is relevant to mention that those girls, who are suffering from hormonal imbalance easily fall prey to the boys and fall in love, marry and repent at leisure,” the judges said in an order last month.
Justice K Bhakthavatsala and Justice K Govindarajulu stressed that the Parliament had not taken into account love marriages when the Bill was introduced. “ Since the Hindu Marriage Act does not deal with love marriages, in our view, it is high time that the Parliament take note of the sufferings of such girls and their parents and amend the law suitably,” the judges said.
They suggested that run- away marriages of girls under 21 be declared void or voidable.
as a student of law, i'm in shock..
1)a HIGH COURT bench is recommending that the parliament consider restricting the right of an adult to choose their life?? even while allowing parent/guardian/community to force a girl under age 21 to marry someone "arranged" for her? the high court seems to have forgotten that a consenting adult is capable of contract and the law cannot interfere in such contracts except in rare cases.
2). the HIndu marriage act does not at any point define who is allowed to arrange the wedding.. all it says is that "marriage" must be duly solemnised according to ritual. Nowhere in its 29 sections does the act mention anything about "love" or "arranged" marriage. all it requires is that two adult hindus solemnise the marriage according to the rituals and customs of either party. i fail to see on what basis the court has found it self capable of making such a ridiculous recommendation for legislative change..
3) it ominously highlights the fact that even our higer judiciary is still caught in the patriarchial framework where a girl is a "possession" to be carefully tended and handed over..
what i fail to understand is that how the same judiciary who allows rapists and molesters to roam free, suddenly develops such moral principles of control when the girl decides to take matters into her own hands rahter than be made into a victim.. if u really want to recommend changes, how about a change in the definitions of bigamy, maintenence provisions for estranged/abused women, rape laws, punishments for assault...?? out of the thousands of legislatons floating around in this country, what on earth made the court take notice of the humble little HMA??
