A network-related or instance-specific error occurred while establishing a connection to SQL Server. The server was not found or was not accessible. Verify that the instance name is correct and that SQL Server is configured to allow remote connections. (provider: Named Pipes Provider, error: 40 - Could not open a connection to SQL Server) ‘Avengers 4’ more ‘shocking’ than ‘Infinity War’: Chris Hemsworth, Entertainment & Fun : Today Indya

Latest News

  • Home
  • National
  • Make 18 Legal Age for Marriage for Men Too, Suggests Law Panel
Make 18 Legal Age for Marriage for Men Too, Suggests Law Panel
Saturday, September 1, 2018 IST
Make 18 Legal Age for Marriage for Men Too, Suggests Law Panel

The commission also noted that not only was polygamy a “rare” practice among Muslims but the real threat was of others converting to Islam merely to enjoy the practice of having multiple wives.
 

 
 

New Delhi: It was in June 2016 that the 21st Law Commission of India was asked to examine the feasibility of a Uniform Civil Code as enshrined in the Constitution.
 
Now, two years later and after meeting several stakeholders, the commission has released a consultation paper where it has suggested several amendments and changes to personal laws.
 
The commission has laid down that for equality to be achieved in the real sense, the legal age of marriage for both men and women should be 18. At present, the legal age for women is 18, while that for men is 21. 
 
“For equality in the true sense, the insistence on recognising different ages of marriage between consenting adults must be abolished. The age of majority must be recognised uniformly as the legal age for marriage for men and women alike as is determined by the Indian Majority Act, 1875, i.e. eighteen years of age,” reads the paper
 
The commission has not ventured into arenas such as Nikah Halala and polygamy among Muslims but has nonetheless noted that not only was polygamy a “rare” practice among Muslims but the real threat was of others converting to Islam to just enjoy the practice of having multiple wives.
 
“Although polygamy is permitted within Islam, it is a rare practice among Indian Muslims, on the other hand it is frequently misused by persons of other religions who convert as Muslims solely for the purpose of solemnizing another marriage rather than Muslim themselves,” states the report which was prepared under Justice (Retd) Balbir Singh Chauhan.
 
The law panel has also recommended that Dissolution of Muslim Marriage Act, 1939, requires amendment to explicitly include adultery as a ground for divorce for both spouses.
 
With regard to divorces, the commission has stated that inordinate delays in divorce proceedings can be easily avoided if a provision of ‘no fault’ divorce is incorporated in several personal law legislations.
 
“Where a marriage has ceased to exist both in substance and in reality, divorce should be seen as a solution rather than a taboo. Such a divorce should be concerned with bringing the parties and the children to terms with the new situation and working out a satisfactory basis for regulating relationships in the changed circumstances,” recommends the report.
 
The commission suggests that simplifying the procedure for couples where no reconciliation is possible would also be beneficial in curbing the false allegations against parties, which are often made in order to hasten the process of divorce.
 
The commission has also pondered over the area of adultery as a ground of divorce.
 
In Muslim law, the commission has noted that under Section 2 of the Shariat Application Act, 1939, there are a number of grounds based on which women can seek divorce, however, “men on the other hand are not required to qualify their decision under any of these grounds”.
 
Hence, the commission has recommended that it needs to “uniformly apply the grounds available under the Act to both men and women as it will have greater implications of ensuring equality within the community rather than equality between different communities”.
 
Here, the commission has recommended that the Muslim law should also contain ‘adultery’ as a ground for divorce which should be available to both men and women.
 
Striking to achieve equality under the guardianship act too, the commission recommends deletion of Section 19a of the Guardian and Wards Act, 1980, which states that if the husband of the minor is not unfit, then the court cannot appoint any other person as her guardian.
 

 
 

 

“The problem in the section is two-fold. First, as the wife is being treated as the property of the husband. Secondly, the section does not take into consideration the welfare of the husband in case he is also a minor,” stated the report which also recommended a change to Section 21 to an extent that “a husband is not regarded as the guardian of the wife, and both the parents equally share responsibility of the child born from such wedlock.”
 
The commission, however, recognised that though Hindu law has been codified, it is not without its share of problems. “While the law has now recognised certain rights, it has, at the same time either bluntly or latently, kept women at the lower pedestal than men. The notion, men being superior and thus in control, still persists,” says the report.
 
Under Muslim law it has been recommended that “a Muslim mother should also be treated as the natural guardian of the minor, both the parents should be at an equal footing. Further, in the matter of custody a father should also get an equal opportunity to be considered as a custodian”

 
 
 
 
 

Related Topics

 
 
 

Trending News & Articles

 Article
Saba Qamar Video Going Braless in White Shirt Leaked After Private Photos Cause Uproar on Social Media!

Troubles mount for Pakistani actress Saba Qamar as a sensational new video from her controversial photo shoot has made its way on the Twitter. A few days ago, Saba ...

Recently posted . 10K views . 6 min read
 

 Article
Renowned Ghazal Singer Bhupinder Singh Dies At 82

In his five-very long term vocation, Bhupinder Singh had worked with the greatest names of the music business, from Mohammed Rafi to Lata Mangeshkar.

Recently posted . 8K views . 1 min read
 

 Article
Hansika Motwani's private pictures get leaked online!

Actress Hansika Motwani is the latest to fall prey to the evil side of the internet as her private swimsuit pictures got leaked online without her consent. The Sout...

Recently posted . 7K views . 2 min read
 

 Article
31 Bollywood Movie Names For Dumb Charades To Win The Game

It’s a lazy spring afternoon. You are at home and relaxing lousily on your couch but overall you are getting bored and searching means to entertain yourself. ...

Recently posted . 7K views . 4 min read
 

 
 

More in National

 Article
Akshay Kumar: Bollywood packages good social messages through entertainment

National Award winning actor Akshay Kumar has said the Hindi film industry does its bit by bundling good social messages via entertaining mediums. At the...

Recently posted. 1K views . 17 min read
 

 Article
Pankaj Tripathi hasn’t forgotten his ‘one-room shed with tin roof in Patna’, despite success

Actor Pankaj Tripathi says he hasn’t forgotten his roots - the ‘one-room shed with tin roof in Patna’ - despite his success.

Recently posted. 1K views . 1 min read
 

 Article
Sridevi shot inside water for hours with fever and didn’t say a word: Mahesh Bhatt remembers late actor

Sridevi passed away following an accidental drowning in a bathtub in her hotel room in Dubai on February 24.

Recently posted. 929 views . 0 min read
 

 Video
Haryanvi Dadi American Poti



Recently posted . 1K views
 

 Article
'I feel honoured to step into Vidya Balan’s shoes': Jyothika on 'Tumhari Sulu' remake

The film is being helmed by Radha Mohan who had earlier worked with Jyothika in the award-winning Tamil drama 'Mozhi'.

Recently posted. 1K views . 0 min read
 

 Article
Did Salman Khan Break Principle For Disha Patani In ‘Bharat’?

It seems Bollywood Superstar Salman Khan has unintentionally broken one of his biggest principles and it is none other than the current ‘National crush’...

Recently posted. 1K views . 1 min read
 

 
 
 

   Prashnavali

  Thought of the Day

"LIFE IS SIMPLE BUT, WE INSIST ON MAKING IT COMPLICATED"
Anonymous

Be the first one to comment on this story

Close
Post Comment
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


ads
Back To Top