Rajasthan

Appearance

I. Dowry System

  • Definition:
    • Basic: Money, goods, or property given by the bride's family to the groom's family at the time of marriage.
    • Dowry Prohibition Act, 1961: Any property or valuable fund given or agreed to be given directly or indirectly by either party of a marriage, by the parents of either party, or by any other person, to either party at or before, or any time after the marriage. (Important elements underlined)
  • Regional Variations:
    • North India: Dowry is considered a gift or "kanyadaan."
    • South India: Often viewed as "bride price" or "streedhan" (compensation from the groom's family).
  • NCRB Data:
    • Around 8000 dowry deaths per year.
    • Approximately 20 women die every day due to dowry demands (murder or suicide).
  • Reasons for Dowry Demand:
    • Legal: Delayed law-making, complex laws, laws not strict enough.
    • Continuity of practice (tradition).
    • Matter of prestige.
    • "Anulom" (Intercaste ) marriages.
    • Economic materialism.
    • Importance of money.
    • Rising cost of living.
    • Patriarchal mindset.
    • "If given, will be taken" mentality (a vicious cycle).
    • Moral degradation.
  • Effects of Dowry:
    • Female infanticide.
    • Divorce and family disintegration.
    • Increased suicide and murder rates.
    • Poverty.
    • Mismatched marriages.
    • Polygamy.
    • Objectification of women.
    • Child marriage.
    • Gender violence.
    • Domestic violence.
    • Moral decline.
  • Preventive Measures:
    • Making dowry a social stigma. (Most important)
    • Increase anti-dowry literacy.
    • Increase the number of women in the workforce.
    • Freedom to choose a life partner.
    • Promotion of inter-caste marriages.
    • Amendments to the Dowry Prohibition Act to make it stricter.
    • Promote moral education among youth.
    • Strict compliance with laws.
    • Moral upliftment.
  • Legal Provisions:
    • Dowry Prohibition Act, 1961.
    • Bharatiya Nyaya Sanhita (BNS) - Section 80 (Dowry Death). (New Criminal code)
    • IPC (Indian Penal Code), 1860 - Definition of dowry (Section 2), Dowry death (Section 304B).
    • Domestic Violence Act, 2005.
  • Negative Impacts:
    • Gender inequality.
    • Financial burden.
    • Social stigma.
    • Domestic violence.
    • Disrupted education.
    • Child marriage.
    • Psychological impact and strained family relations.

II. Divorce

  • Definition: A formal, legal, and socially recognized termination of a genuine marriage involving civil, legal, and religious relationships.
  • Historical Context:
    • Not traditionally defined in Hindu tradition (marriage considered a sacrament).
    • First legislation: State of Kollhapur (1920).
  • Abandonment (Parityag):
    • Informal decision by husband and wife to live separately and not fulfil respective roles. Can be temporary or permanent.
  • Basis for Divorce (Hindu Marriage Act, 1955):
    • Adultery.
    • Abandonment.
    • Religious conversion.
    • Mental disorder.
    • Leprosy.
    • Sexual disease.
    • Illegal relationship.
    • Monkhood.
    • Second marriage.
    • Missing for seven years.
    • Failure to perform statutory duties.
  • Mutual Consent:
    • Under Section 13B of the Hindu Marriage Act and Section 28 of the Special Marriage Act, 1954, divorce is applicable with mutual consent.
    • Court can grant divorce even if one party avoids proceedings.
  • Divorce Rates (For Quotation):
    • UK: 33%
    • US: 50%
    • India: 1% (Kerala: 2%)
  • Divorce in Islam:
    • Muslim Marriage Dissolution Act, 1939 establishes the basis for divorce.
    • Shah Bano Case: Supreme Court instructed the central government to arrange for alimony for Muslim women from their husbands. Reiterated in the Saira Banu case (2017).
  • Methods of Divorce (Islam):
    • Talaq-e-Biddat (Triple Talaq): Verbal announcement of "talaq" three times. Declared unconstitutional by the Supreme Court.
    • Talaq-e-Sunnat/Talaq-e-Hasan: Man can divorce by announcing talaq once every three months. Marriage reconciliation efforts are possible. Requires Nikah Halala for remarriage.
    • Talaq-e-Ahsan: Husband and wife live under one roof for three months after the husband states talaq once. Husband can withdraw the divorce during this period. No Nikah Halala required for remarriage.
  • Muslim Women (Protection of Rights on Marriage) Act, 2019:
    • Makes Triple Talaq illegal and a cognizable offense (arrest without a warrant).
    • Victim, her blood relatives, or marital relatives can file a case.
    • Mutual agreement cases can be withdrawn.
    • Triple Talaq by any method (oral, written, electronic) is illegal.
    • Magistrate can grant bail after hearing the victim.
    • Victim is entitled to receive maintenance.
    • Accused husband can be imprisoned for up to three years.
  • Reasons for Divorce:
    • Poor interpersonal communication (most important).
    • Increasing acceptance in society.
    • Urbanization.
    • Westernization.
  • Negative Impacts:
    • Personal misfortune.
    • Problems for children.
    • Disintegration of old values.
    • Emotional stress.
    • Financial hardship.
  • Positive Impacts:
    • Follows the principle of equality.
    • Improved status of women.
    • Developing a sense of responsibility in couples (accountability).
  • Measures:
    • Divorce resolution centers.
    • Gender equality.
    • Women empowerment.
    • Increase average age of marriage.
    • Reduction in child marriage.

III. Child Marriage

  • Definition: A formal or informal marriage executed by a person before the age prescribed by law.
  • Prohibition of Child Marriage Act, 2006: Minimum age of marriage is 21 years for males and 18 years for females.
  • Historical Laws:
    • Age of Consent Act, 1891: First established the age of consent at 12 years.
    • Sharda Act, 1929: Set the marital age at 14 years for girls and 18 years for boys.
  • Current Status (UNICEF Report):
    • 1.5 million girls undergo child marriage every year.
    • 1 in 3 child marriages take place in India.
    • 16% of adolescent girls are married.
    • Child marriage rates have declined (47% to 27%).
    • Highest rate: Jharkhand.
    • Lowest rate: Himachal Pradesh (9%).
    • More prevalent in villages and North India.
  • Reasons for Child Marriage:
    • Child's consent not considered.
    • Gender inequality.
    • Poverty.
    • Illiteracy.
    • Lack of awareness.
    • Laws not implemented properly.
  • "Death Feast" Concept: Child marriage conducted alongside a funeral feast.
  • Effects and Impacts:
    • Ends childhood.
    • Malnutrition.
    • Increased IMR and MMR.
    • Increased divorce cases.
    • Increased gender inequality.
    • Early marriage = more children = population growth = poverty.
    • Increased domestic violence.
    • Declining education of children.
    • Health impacts, especially on girls.
  • Measures to Prevent Child Marriage:
    • Compliance with laws.
    • Rationalization of laws.
    • Generating awareness.
    • Women empowerment.
    • Changing cultural norms.
    • Community programs.
    • Activities by NCPCR (National Commission for Protection of Child Rights).
  • Government Schemes:
    • Balika Samridhi Yojana.
    • Beti Bachao Beti Padhao.
    • Sukanya Samriddhi Yojana.
    • Saath Programme.
    • Rajasthan Rajshri Yojana.
    • Indira Mahila Shakti (IM Shakti) Scheme.
    • Free RSCIT Courses for Girls.
    • Women Helpline 181.
  • Jaya Jaitly Committee:
    • Purpose: To raise the marriage age of women to 21 years.
    • Arguments in Favor:
      • More educational opportunities.
      • Helpful for personality development.
      • Reproductive health.
      • Gender equality.
      • More opportunities for economic participation.
      • Decline in IMR and MMR.
      • No biological basis for different marriage ages for men and women.