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Tuesday, June 5, 2012

Minor Marriages OK for the minorities!!!

In a political system where the CM of Rajasthan needed Aamir Khan's show Satyamev Jayate to take action against doctors performing sex based abortions, this article should not be a surprise I know...BUT I was shaking with anger when I read this.

I don't care right now if somebody sues me for challenging the decision made by some High Court judges, but what the hell were they thinking when they signed this judgement.  Mark this para from the article

"This court notes that according to Mohammedan Law a girl can marry without the consent of her parents once she attains the age of puberty and she has the right to reside with her husband even if she is below the age of 18...."


If the judges are human beings and not zombies and also live in the current generation then they would like to notice that girls nowadays attain puberty even at the age of 10!!!... so if that child decides to marry, because she has fancied her marriage while marrying off her dolls, that marriage is legal?? In such a case anybody can lure a little girl who attains puberty into marriage!!! What the hell was wrong with the judges' head... what were they high on?? bloody jokers!!!

According to the Indian Judiciary system "Child" means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age..... nowhere does this definition exclude the "Muslim Children".  Which school did these judges go to?? I mean did they even study the law ??? 

Now for the most hilarious part of the judgement

"Meanwhile to ascertain the girl's well being, the court has directed the couple and in-laws to appear before the child welfare committee once in every six months till the girl attains majority"

If you think that it is legal for the 15yr old to get married then why the hell should she appear before the child welfare committee?? So you accept that the 15yr old is a minor and you still claim the marriage to be legal!!!  Getting back to law school it is illegal to marry off a minor!!!

You know how many problems this will open door to?? Financially weak parents will now marry off their daughters at the age of 10 or 12 because that's when they would attain puberty.  Some jerk will kidnap a little muslim girl and marry her and say its legal.  I will not be surprised if girls from other religions are kidnapped converted to Islam and then married... no seriously there will be no end to this.... Were the judges drunk???

When we are trying to fight child marriages & child abuses, we have here a court judgement which can be cited as a reference thus leading to so many crimes against a girl child!!!  They say its according to the Muslim religious laws...even the various Islamist terror outfits say the same thing right? That they are doing Jihad in the name of their religious laws so now are we also going to make terrorism legal?? Because it would be partiality to accept a certain part and defy the other part of the same law right???

I really really hope that someone challenges this joke of a judgement in the Supreme Court... and will some gracious angels make sure to guard the Supreme Court judges so that they don't go to a bar and get drunk the previous night!!!





16 comments:

  1. The law should be same for all citizens of India irrespective of the caste or creed. And I dont understand what do they mean when they say that after getting married at 15 the girl has a right to void the marriage at the age of 18? So what is she supposed to do the 3 years that she is married?

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  2. This whole thing is just nuts... I dont care what any religion says... you're allowing a barely pubescent girl to get married ?? This is a real High Court, isnt it ? 15 years puts her at nearly 10th std ..as u said, by the word of the law, she could get married and be forced to have sex by the age of 10-11 aka 6th std of school.

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  3. I have been saying this for years that we must have a uniform civil code for all the citizens of India. Article 44 of the Constitution of India says: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". While our politicians swear by the Constitution in other matters, they continue to ignore this Article.

    Going to the Supreme Court is too expensive, otherwise I would have given it a thought.

    ReplyDelete
  4. I agree with you, its sad state of affairs. Knowing how the Supreme Court performs, we can accept that this decision will be changed for the good. If not, then god only help us. As per the law the girl should have attained 18 years so in a way the court is indirectly helping child marriage.

    I am really interested as to what Koran says, because almost all muslims follow Koran. But irrespective what the Koran says, the 18 years should be applicable for all Indians.

    Now the court says, "....she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e 18 years." My question, assume she treats it as void, then what will happen to that girl, will someone else come forward to marry her again as we Indians jump to question the character of the girl when something like this happened.

    God help that girl.

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  5. with all this happening i can see why people are aborting girl child and expecting only boys.. in this way after few years its going to be more dangerous for the parents who wish to have girl child. They will have to guard her 24X12 else she might be kidnapped or anything bad can happen... may god help these ppl

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  6. I was shocked after reading the news piece. And yeah, morons is the word I have for them. Judges who ever's whatever rear part!!

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  7. HMMM Power Packed post Suku, truly this is an eye opener were the so called supreme law makers mad? or totally out of their mind while making such laws???

    Such things has no end!!!

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  8. We care too damn much about religion. I truly mean that, we are nuts about it. Tomorrow if someone comes up with consuming cow dung for religion, I'm sure you'd find supporters of that too. These judges come from the same idiot society that we live in. I wonder how can courts give a judgement which indirectly vindicates child marriage ?

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  9. What the hell were the judges thinking?? :O
    Yes, there could be absolutely no end to this!
    And marrying them off as soon as they reach puberty is the most heartless judgement ever! How unfair is that ?!!

    ReplyDelete
  10. Sheer madness!! and each one of the concerns you have brought up are highly probable, given the twisted way in which we decipher both the law, and religion! Dhaasu post, btw.

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  11. Thank you for reading & ur comments guys .. I just wish one of us were in that panel O_O

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  12. And the rest of India has to wait till 18 to have sex.

    Surprised that no one challenged the court's verdict.

    ReplyDelete
  13. as enraged as any rational person should be at the religion divide in justice. however, commenting for another reason. when you are adding links to your text in the blogger interface, you will find two options in the insert link dialog box on the lower left hand corner. one of them, when selected, lets links open in a new window. you may want to select this option so that your page stays undisturbed for the readers to continue on after they have perused the link.

    the back button works, but sometimes takes time, and web traffic tends to be fickle and tangential, so you never know when your reader gets drawn into clicking something on the page your linked to.

    thoughts from a reader and a fellow writer who is learning the blogging ropes. feel free to ignore and delete.

    ReplyDelete
  14. good scathing post. i hope it gets a ton of attention too.

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  15. It doesn't make any logical sense to me. It seems they themselves are contradicting the statement they have issued. It's so unfair to give such a caste/based religion/based statement, where is the uniform civil code for all the citizens?

    ReplyDelete

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