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A milestone in Hindu marriage reform in India – Test

A milestone in Hindu marriage reform in India – Test

 Relevance – Test

• GS Paper 2 Salient features of Indian Society, Diversity of India.
• Tags: #HinduMarriageAct1955 #Self-Respect Marriages.

 Why in the news? 

The Indian Supreme Court’s recent decision has overruled a 2014 Madras High Court ruling, stating that advocates can indeed solemnize “self-respect” marriages under the Hindu Marriage Act’s Section 7(A). This provision recognizes marriages between Hindus, performed in the presence of relatives or friends without traditional rituals or priests. This legal recognition aligns with the Tamil Nadu government’s amendment to simplify weddings, eliminating the need for priests and traditional practices.

The Court’s verdict, seen in cases like “Ilavarasan v. Superintendent of Police,” emphasizes that the public declaration of marital status isn’t a requirement for validity. The Court’s stance signifies a move towards modernizing marriage laws, respecting individual choices, and broadening the interpretation of valid marriage under Hindu law.

Central Idea

• The recent Supreme Court ruling on ‘self-respect’ marriages under Section 7(A) of the Hindu Marriage Act, 1955 has clarified the legal standing of these marriages.
• The court’s decision has significant implications for the validity and recognition of such unions, particularly in the state of Tamil Nadu.

Self-respect Marriages

• Amendment: The Hindu Marriage (Tamil Nadu Amendment) Act, 1967 introduced Section 7-A into the Hindu Marriage Act, 1955, applicable solely in Tamil Nadu.
• Recognition of ‘Self-Respect’ Marriages: Section 7-A recognizes and legalizes ‘self-respect’ or ‘suyamariyathai’ marriages, allowing them to be solemnized without the need for traditional rituals or priests.
• Ceremony Description: Such marriages are performed in the presence of relatives, friends, or other individuals, with couples declaring each other as spouses in a language understood by them. Exchange of garlands, rings, or tying a ‘thali’ (mangal sutra) is required. Registration remains obligatory.

Legal Controversy

• Madras High Court Ruling (2014): A 2014 Madras High Court ruling declared marriages solemnized by advocates as invalid, asserting that ‘self-respect’ marriages must not be secretive and should be celebrated publicly.
• Current Supreme Court Ruling: The recent Supreme Court ruling, passed by Justices S Ravindra Bhat and Arvind Kumar, overruled the 2014 Madras High Court decision.

Supreme Court’s Interpretation and Decision

• The Supreme Court clarified that there is no blanket ban on advocates solemnizing ‘self-respect’ marriages under Section 7(A) of the Hindu Marriage Act.
• The court held that ‘self-respect’ marriages can indeed be solemnized and recognized, and the 2014 Madras High Court ruling was set aside.
• The ruling was delivered in response to a petition filed by Ilavarasan, who sought recognition of his ‘self-respect’ marriage and the release of his wife from her parents’ custody.
• The Supreme Court’s decision is based on the interpretation of Section 7(A) and its application in the context of ‘self-respect’ marriages.

Precedents and Past Rulings

• In the case of Nagalingam vs. Sivagami (2001), the Supreme Court had already recognized the validity of ‘self-respect’ marriages under Section 7(A) of the Hindu Marriage Act.
• The court emphasized that the presence of a priest is not obligatory for a valid marriage, and parties can enter into a marriage with the participation of relatives, friends, or other individuals.

Conclusion

• The recent Supreme Court ruling has resolved the ambiguity surrounding the legality of ‘self-respect’ marriages solemnized by advocates under Section 7(A) of the Hindu Marriage Act.
• By overturning the previous Madras High Court ruling, the Supreme Court has clarified the validity and recognition of such marriages, ensuring that ‘self-respect’ marriages can be solemnized without the need for traditional rituals or priests in Tamil Nadu.

Source: The Hindu

Mains Question

Customs and traditions suppress reason leading to obscurantism. Do you agree?

2. From women’s reservation to gender equality

Relevance

• GS Paper 2 – Role of women and women’s organization; GS2 – Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges, and issues arising out of these.
• Tags: #Gender equality, #Women’s reservation

Why in the news?

• Recently, Parliament passed the Women’s Reservation Bill which aims to provide one-third reservation for women in the Lok Sabha and Legislative Assemblies.
• According to data from the Inter-Parliamentary Union, India ranked 141st out of 193 countries in terms of women’s representation with the share of women in Parliament being only 15%.
• India is ranked 127th out of 146 nations in terms of gender parity in the annual Gender Gap Report, 2023.

Increasing women’s participation in governance

• The introduction of reservations for women in local body elections has a positive impact on their participation in governance.
• Studies suggest that elected women representatives have asserted their influence over time, despite resistance from male family members.
• This success could be replicated across higher elected bodies such as the state legislative assemblies and the Parliament.

Women’s Reservation Bill

• One-third of the seats in the state assemblies and the Lok Sabha are reserved for women under the 128th Constitutional Amendment Bill 2023, also known as the Nari Shakti Vandan Adhiniyam.
• Reservation period: It states that seats for women will be reserved for a period of 15 years, which may be extended by Parliament.
• Reservations for underrepresented groups: It mentions a quota for SC/STs under the women’s reserved seats but makes no reference of a separate quota for OBCs.

Significance

• National development: A greater role for women in politics will help India develop on par with other nations.
• Gender equality: According to the American Economic Association, countries with a higher proportion of women in national parliaments are more likely to pass and implement gender-sensitive legislation.
• Cascading impact: According to a study by the Harvard Kennedy School in 2010, female representation in village councils resulted in an increase in female participation and responsiveness to critical issues like the availability of drinking water, infrastructure, sanitation, roads, etc.

Challenges of the Bill

• Delimitation: The successful implementation of the Women’s Reservation Bill depends on the Census and subsequent delimitation exercises.
  • However, these processes have been frozen since 1976 to ensure a level playing field for states in population control efforts.
  • States with better indicators of women’s empowerment, particularly the Southern states, may lose seats in Parliament when delimitation is conducted.
• Legality: Constitutional courts will have to examine if a constitutional amendment or law can be made contingent on uncertain future events.
  • The Bill mentions that it shall be contingent on the next delimitation exercise and census.
  • This means that the provisions of the bill may only come into effect from the 2029 General Elections.
• Capacity building: There are concerns over whether higher elected bodies are prepared and capable of handling the increase in the proportion of women.
• OBC reservation: The Bill does not specify a quota for women from the OBC communities.
  • In 1996, the Geeta Mukherjee Committee recommended the extension of women’s reservation to OBCs.

Conclusion

• The Women’s Reservation Bill is a significant milestone in addressing gender inequality in Indian politics. However, its success depends on overcoming implementation challenges, transforming societal attitudes, and building the capacity of women representatives. Achieving substantive gender equality requires not only legislative reforms but also a concerted effort to recognize and rectify the disparities in unpaid labor and household responsibilities.

Source: The Hindu

Mains Question

What are the main factors responsible for gender inequality in India? Discuss the contribution of Savitribai Phule in this regard.