Child Marriage Act overrides Muslim Personal Law: Karnataka high court

[Dillinger]

But if I remebber correctly there is some law against having more than 2 kids in Govt. jobs.

Does it apply to Muslims too ? I know it won't matter as Muslims are very less in these services.


Actually I am in support of incentives to those who follow birth control policy and stop at 2 kids.

Incentives for population control and certain economic preference given to families which voluntarily limit the number of children they have is a good idea. But active legislation which prevents families from making that choice is inadvisable.

We should link the recent direct cash transfer scheme to this. Structure it like Brazil's hugely successful Bolsa Familia scheme where these direct cash incentives were given to families on the conditional criteria of sending all their children to school and meeting their nutritional requirement- we can add a preference for families with maximum 2 children. But before we can do that we need effective means of targeting these families- effective AND COMPLETE implementation of the aadhar UID project, perfect efficiency in the last mile delivery of incentives- that is to say the last step functionaries on whom such a program will really rest.

 

[Spring Onion]

Its about Law. But yeah, underage marriages do happen. But there exists a law against Non-Muslims especially Hindus.

But no more special reservation for Muslims on this issue. What's wrong is passing this law.

Your country your law nothing to do with my country and thats what wrong when you Indians out of frustration against your own Muslims drag Pakistan into the topic.

by the way by 17 years its not a child . this pretty much grownup teens.

 

[Joe Shearer]

BANGALORE: The Karnataka high court on Tuesday ruled that the Prohibition of Child Marriage Act (PCMA) has overriding effect over the provisions of the Muslim Personal Law, where the marriage of a girl child is allowed once she attains puberty.

Justice Ashok B Hinchigeri, sitting at the Dharwad circuit bench, dismissed a petition in this regard while upholding the state government's contention that PCMA provisions had far-reaching and overriding power vis-a-vis personal laws.

Additional advocate general K M Nataraj, who appeared on behalf of the state, told the court that the personal laws of any religion should make way for the statutory provisions under the PCMA. He said the girl (the petitioner) could not be permitted to marry as she had not completed 18 years of age, a requirement under the PCMA.

Seema Begum, a 17-year-old girl represented by her father, had filed a petition seeking a declaration that the PCMA was not applicable to Muslims. Her contention was that the Muslim Personal Law permitted the marriage of a girl after she attained puberty. She had also complained against Koppal district authorities who prevented her marriage ceremony citing PCMA provisions.

Child Marriage Act overrides Muslim Personal Law: Karnataka high court - The Times of India

Thank Heavens! At last, a sensible Kannadiga judge.

 

[KRAIT]

Your country your law nothing to do with my country and thats what wrong when you Indians out of frustration against your own Muslims drag Pakistan into the topic.by the way by 17 years its not a child . this pretty much grownup teens.

Your country. Your opinion. It is underage in our country.

BTW don't get riled up. You do much more worse posts.

Thank Heavens! At last, a sensible Kannadiga judge.

I don't think it will make any change. After all it all comes down to Vote Bank Politics. Even in Rajasthan, child marriage happens in large number under administration's nose.

 

[Spring Onion]

Pakistan as an ideal islamic nation was used as a standard of good practice to justify Indian court decision only. Why are you so defensive? Something bothering you?

if Indians used Pakistan as standard practice for justification of Indian Court decisions then its your fault not ours.

nothing is bothering me as long as you have Pakistan phobia.

So far 2,356,798 underage marriage have been stopped. Thanks for asking such intelligent questions.

big number of desiring grooms and brides

how many took place by the way

 

[Mech]

Thank the heavens! We're finally laying some ground work for a Uniform Civil code !

 

[Ayush]

Your country your law nothing to do with my country and thats what wrong when you Indians out of frustration against your own Muslims drag Pakistan into the topic.

by the way by 17 years its not a child . this pretty much grownup teens.

so,you are against this decision??

what is the minimum age for marriage in pak??

 

[Dillinger]

Your country. Your opinion. It is underage in our country.

BTW don't get riled up. You do much more worse posts.


I don't think it will make any change. After all it all comes down to Vote Bank Politics. Even in Rajasthan, child marriage happens in large number under administration's nose.

On the last bit, I won't put out the usual comments about the "riti rivaz" and lack of education which cause these problems, but the menace which renders laws against such acts toothless is the political control over the judiciary at the district and state level. The subversion of laws for the sake of vote bank and appeasement politics (whether it be aimed at minorities or the majority) becomes possible because at that level the courts are not independent of political influence and the police which according to the constitution is supposed to ONLY be answerable to the judiciary follows suite in being political tools.

Thank the heavens! We're finally laying some ground work for a Uniform Civil code !

Why must you tease me in such a manner, ever since I reached the age of 14 I've been waiting for the day when a Uniform Civil Code will get legislated in this blessed country of mine. But alas!

 

[KRAIT]

@Dillinger That's what I said. But another thing that I have seen that if education and employment opportunities are provided along with volunteers going to village to village, this has been controlled.

In my village, child marriage were common. Its in Rajasthan. They occur on Akakha Teej, a entire Sammelan, hundred couples getting married organized by the caste organizations. No trend has been changing. The marriage age has increased substantial. Also, the number of children has reduced.

Especially since the nearby towns are getting better, villagers are also getting somewhat modern. Now they want to live a better quality of life than having more children.

 

[Dillinger]

@Dillinger That's what I said. But another thing that I have seen that if education and employment opportunities are provided along with volunteers going to village to village, this has been controlled.

In my village, child marriage were common. Its in Rajasthan. They occur on Akakha Teej, a entire Sammelan, hundred couples getting married organized by the caste organizations. No trend has been changing. The marriage age has increased substantial. Also, the number of children has reduced.

Especially since the nearby towns are getting better, villagers are also getting somewhat modern. Now they want to live a better quality of life than having more children.

Lets hope the trend continues and magnifies. My father has spent his entire life working with the Ministry of Education and other organisations in trying to spread education in this nation, first in spear leading the sarva shiksha abhiyan and then in various other programs but the progress is still painfully slow...and I mean PAINFULLY SLOW WHEN IT COMES TO THE RURAL AREAS!

 

[Mech]

so,you are against this decision??

what is the minimum age for marriage in pak??

16

It's like they don't even care anymore...

 

[KRAIT]

Lets hope the trend continues and magnifies. My father has spent his entire life working with the Ministry of Education and other organisations in trying to spread education in this nation, first in spear leading the sarva shiksha abhiyan and then in carious other programs but the progress is still painfully slow...and I mean PAINFULLY SLOW WHEN IT COMES TO THE RURAL AREAS!

Well in near by villages of our home town, a family friend of ours and neighbor has already been working on running schools in many villages. NGOs are doing some good work but due to fake NGOs, things get difficult.

They don't get permission easily by many administrative people. Ad we also don't wait for govt. We contribute directly to spread education. At least we can give back to our village. We also have social responsibilities.

Many friends of mine have given up jobs and gone into education related NGOs.

 

[Dillinger]

Well in near by villages of our home town, a family friend of ours and neighbor has already been working on running schools in many villages. NGOs are doing some good work but due to fake NGOs, things get difficult.

They don't get permission easily by many administrative people. Ad we also don't wait for govt. We contribute directly to spread education. At least we can give back to our village. We also have social responsibilities.

Many friends of mine have given up jobs and gone into education related NGOs.

That's the way to go. I was horrified when my father informed me of the lackadaisical and cumbersome manner in which the government approaches education- specially social education both at the central and state level. He told me that the most of the villages he went to in UP and Bihar- the DMs told him that they'd appreciate a temple/mosque (depending upon religious composition) over better educational infrastructure while the people had a completely different demand. People taking individual initiatives is much better..BUT at the end of the day at the macro level the government has to get its act together- the sheer amount of investment required cannot be met by all the NGOs in India put together.

 

[Awesome]

Technically only court registration can't be done until she is 18. A nikah can still be done without filing any paper work.

If miyan biwi raazi, toh kya karega kaazi?