Secular Kerala in Action

[Agnostic_Indian]

It has been held by the Delhi High
Court that Prohibition of Child
Marriage Act, 2006 overrides all
personal laws and governs each and
every citizen of India [17] It was held
that marriage contracted with a
female of less than 18 years of a
male of less than 21 years of age
would not be a void marriage but
voidable one, which would become
valid if no steps are taken by such
court has option to order
otherwise. The girl has the right to
approach the Court under Section 3
of the Prohibition of Child Marriage
Act, 2006 to get the marriage
declared void till she attains the age
of 20 years. However, in case the girl
is below 16 years, the answer is
obvious that the consent does not
matter to constitute offence under
Section 376 of Indian Penal Code.
The charge sheet cannot be quashed
on the ground that she was a
consenting party – However, there
can be special or exceptional
circumstances which may require
consideration, in cases where the girl
even after attaining majority affirms
and reiterates her consent. [Para 49]
Consummation, with the wife below
the age of 15 years of age, is an
offence under Section 375. No
exception can be made to the said
constitutional mandate and the same
has to be strictly and diligently
enforce – Consent is such case is
completely impartial, for consent at
such a young age is difficult to
conceive and accept – It makes no
difference whether the girl is married
or not – Personal law applicable to
the parties is also immaterial. [Para
50 ] -- Indian Penal code, 1860 –
Section 375 & 376 - Prohibition of
Child Marriage Act, 2006 – Section 3
– If the girl is more than 16 years,
and the girl makes a statement that
she went with her consent and that
statement and consent is without any
force, coercion or undue influence,
the statement could be accepted and
the court will be within its power to
quash the proceedings under
Sections 363 or 376 Indian Penal
Code, 1860 – Here again no straight
jacket formula can be applied – The
court has to be cautious, for the girl
has right to get marriage nullified
under Section 3 of the Prohibition of
Child Marriage Act, 2006 – Attending
circumstances including the maturity
and understanding of the girl, social
background of girl, age of the girl
and boy etc. have to be taken into
consideration. [Para 51]

Child marriage in India - Wikipedia, the free encyclopedia


@sankranti
this is the law. this law is not applied like a blanket on every case, it applies considering the age of the girl (under 16 or not ) and various other matters..

 

[Agnostic_Indian]

@sankranti
sorry about the harsh language I used against you. I apologise.
the correct legal statues of such marriages is "voidable one ", like a temporary statues, "valid yet with option of unilaterally voiding it, even if the girl states that she went with her consent, options are open for her to void the marriage up to two years after maturity.Regardless of new understanding, the circular is not in fault, as it provides only an option to register such " avoidable " marriages.

 

[Koovie]

please dont hype up kerala here.

Just stating FACTS.

Giant slums here? No.

Starving children here ? No.

Droughts here? No.

Mass illiteracy here ? No.

Lack of hospitals, schools here? No.

low living standards (in that HDI) here? No.

 

[nair]

This is why we say bring in uniform civil code. 1 land 1 law.

Please stop these minority appeasement tactics for vote bank

I agree with you..... You cannot have different laws for different religion..... Especially when you have idiots who manipulate these laws for their advantages.....

 

[Agnostic_Indian]

Well in kerala they normally kids go to madrassas early in the morning or late in the evening (Before school timing or after school timing)... and every kid go to school irrespective of religion.... But i do agree with you on Modern education..... very few of them goes beyond 10th.... I know somany girls and boys who are married before the legal age....

Wrt thos circular.... It is Kunjalikutty and company doing their job well... because IUML has 20 MLA's (all 20 won) and Government has bare majority......Its a start this 5 years IUML would milk this govt to max....

But some how we should stop treating muslims differently (allowing them to make their own laws).... They should be coming under the law's which is common for every indian irrespective of religion & cast

I agree with uniform civil code, however child marriage act isn't affected with personal laws, it overrides all personal laws.

 

[bronxbull]

Just stating FACTS.

Giant slums here? No.

Starving children here ? No.

Droughts here? No.

Mass illiteracy here ? No.

Lack of hospitals, schools here? No.

low living standards (in that HDI) here? No.

Yeah but thats because most of your folks are slogging it out in the gulf staying away from their families all the time.

Droughts are not there but thats not due to you,

Mass Illiteracy is not there in many areas now and despite the literacy,the sheer stupidity of strikes/exorbitant wages,political murders/political scandals like nambi narayanan/corruption/leading in alcohol consumption/acting like big heroes after building real estate on all cultivable land,minority appeasement,

like shashi tharoor said once,kerala is great but it has too many malayalees.

what use is literacy if you learnt nothing from it.

 

[Koovie]

Yeah but thats because most of your folks are slogging it out in the gulf staying away from their families all the time.

No, its the more effective way in dealing with the money the government has available from Kerala`s relatively high GDP. Its certainly not the biggest but decent enough.

And dont tell me that we got it from expatriates. If you think so, go and google the definition of GDP.

Of course they are making a contribution, but its often ridiculously exaggerated. Besides, most of them are accepted because of their education, something that many other Indian states are lacking.

Droughts are not there but thats not due to you,

Agreed.....

 

[sankranti]

@ Agnostic_Indian

I was not aware of the 2006 law that made child marriage legal..............I squarely blame the congress for passing this law in 2006 and think it is another appeasement politics of the worst kind. Child Marriage Restraint Act of 1929 had clearly made child marriage illegal.

The only redeeming feature of the 2006 law is to make the children of underage couples legitimate.

 

[Koovie]

Mass Illiteracy is not there in many areas now and despite the literacy,the sheer stupidity of strikes/exorbitant wages,political murders/political scandals like nambi narayanan/corruption/leading in alcohol consumption/acting like big heroes after building real estate on all cultivable land,minority appeasement,

like shashi tharoor said once,kerala is great but it has too many malayalees.

what use is literacy if you learnt nothing from it.

While I was referring to statistical data, you come up with sluggish terms like "stupidity" ???

Whats wrong with people making use of their right to protest?
Who are you to tell me whether I can drink or not?

Corruption is far less a problem than in other states and political murder are extreme cases, such things happen everywhere...
Political scandals happen everywhere, but the point is that they are not happening as frequent as in other regions.

Minority appeasement? Look at Keralas demographics.. there are soo many non Hindus that you can hardly talk about minority appeasement. But most people are educated and intelligent enough to tolerate others beliefs unlike some other backward idiots on PDF...

Hindus can live with beef consumption

Christians can build their churches on Hindu land

Muslims can live with pork and alcohol consumption....

etc etc etc


But most people dont make a big fuss around it because they are much more progressive than some other medival era backward fundamentalists.

 

[bronxbull]

Their education?

Educated Mallus are sitting in India as IAS officers/Engineers/Corporate sector etc etc.

Most of the Gulf Mallus are the literate population of Malabar/Malappuram.

I dont blame them for going there and making a living as a lot of people do so but dont glorify this.

I know whats GDP and i know how falliable and unreal a word it is.

Hyping Real Asset bubbles serves no one,it is just a game of dice which the common people fall into.

Same problem in Kerala,Mallus can invest their money in a lot of places other than real estate in Kerala.

 

[nair]

Yeah but thats because most of your folks are slogging it out in the gulf staying away from their families all the time.

Droughts are not there but thats not due to you,

Mass Illiteracy is not there in many areas now and despite the literacy,the sheer stupidity of strikes/exorbitant wages,political murders/political scandals like nambi narayanan/corruption/leading in alcohol consumption/acting like big heroes after building real estate on all cultivable land,minority appeasement,

like shashi tharoor said once,kerala is great but it has too many malayalees.

what use is literacy if you learnt nothing from it.

I do agree with you on strikes....

But high wages..... Yes we have high wages when compared to any other state..... But do you know one thing The number of poeple living below poverty line is very low - unskilled workers are paid 400 to 500 rupee a day (which is 8 to 10 dollars a day)... If things goes like this for some more time.... You would be talking about bengali's in the same way you spoken about gulf mallu's

Political murders and political scandals: Yes we have them but how do you come to know about them??? because of our media (not only the digital but print too)... Most of the mallus start their day reading malyala manorama or Mathrubhoomi. Every single issue get reported and debated and discussed..... Is it the case in other places????? I lived in different states i cant see any state has so much awareness on social or political issues. ( Its like the report which said cochin is the dangerous city to live because number of crimes happened - Is it the case????? No because every issue get reported in police station)

Yes You are right about building real estate on cultivable land.... and it is going to be an issue on long run.

You know what is our (mallu's) problem?????? We are very well aware of our rights.... But we tend to forget our duties....

 

[sankranti]

Just stating FACTS.

Giant slums here? No.

Starving children here ? No.
Droughts here? No.

Mass illiteracy here ? No.

Lack of hospitals, schools here? No.

low living standards (in that HDI) here? No.

...and yet it is the Suicide capital of India. 10% of all suicides in India occurs in Kerala ...which is 3 Times (i.e. 300%) the National average.

Kerala also accounts for 16% of all Alcohol sale in India. Its consumption is 8.3 liters per person as compared to a national average of 5.7 liters. This is a measure of only the 'legal' alcohol sale....if you measure the sale of illegal alcohol like arrak etc ... you get a better picture.

Looks like in this paradise people cannot get by without becoming an alcoholic and when some of them do....they tend to kill themselves.

 

[bronxbull]

While I was referring to statistical data, you come up with sluggish terms like "stupidity" ???

Whats wrong with people making use of their right to protest?
Who are you to tell me whether I can drink or not?

Corruption is far less a problem than in other states and political murder are extreme cases, such things happen everywhere...
Political scandals happen everywhere, but the point is that they are not happening as frequent as in other regions.

Minority appeasement? Look at Keralas demographics.. there are soo many non Hindus that you can hardly talk about minority appeasement. But most people are educated and intelligent enough to tolerate others beliefs unlike some other backward idiots on PDF...

Hindus can live with beef consumption

Christians can build their churches on Hindu land

Muslims can live with pork and alcohol consumption....

etc etc etc


But most people dont make a big fuss around it because they are much more progressive than some other medival era backward fundamentalists.

Oh really,My state TN never saw something called Moplah rebellion,our kings never asked Tipu Sultan to come invade our people.

Yeah,thats why Oomen Chandy talks about Love Jihad and Prof Thomas got his hands chopped off.

I never said helping minority/i said appeasement.

Political murder cannot happen in states with 95% literacy.

 

[Nair saab]

Kerala is Minority Shittt hole...


Best example if a state is run my Mullas and money minded Christians ...

 

[nair]

...and yet it is the Suicide capital of India. 10% of all suicides in India occurs in Kerala ...which is 3 Times (i.e. 300%) the National average.

Kerala also accounts for 16% of all Alcohol sale in India. Its consumption is 8.3 liters per person as compared to a national average of 5.7 liters. This is a measure of only the 'legal' alcohol sale....if you measure the sale of illegal alcohol like arrak etc ... you get a better picture.

Looks like in this paradise people cannot get by without becoming an alcoholic and when some of them do....they tend to kill themselves.

Thats the case... Illegal liquor availability is very less in kerala....almost all the liquor sale is accounted. Liquor is been sold thru government outlets called Bevco... and we mallus stand in Queue to buy liquor and tell you what you If you want to know how disciplined we mallu's are u should see the way we stand in queue in Bevco shops..... Yes we mallus drink a lot.....