UN support to common civil code? 'Eliminate multiple legal systems of marriage, family affairs in India'

By Our Representative
In what may seem to be a direct support to the NDA government’s expressed “need” for a common civil code in India, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed serious concern over “the coexistence of multiple legal systems with regard to marriage and family relations” in country. It has added, these multiple legal systems “apply to the different religious groups and which results in the deep and persistent discrimination against women”.
However, it should not be any comfort to the powers-that-be, as CEDAW simultaneously insists on changes in the Special Marriage Act and the Hindu Marriage Act by bringing them in consonance with internationally-accepted standards, promulgated under the auspices of the UN. CEDAW takes strong exception to certain “proposed amendments to the Special Marriage Act and Hindu Marriage Act”, currently before Parliament, saying, these “only provide a limited and discretionary possibility for distribution of marital property”.
Favouring “review of the application of the Special Marriage Act to remove procedural barriers regarding the application for permission to marry and the registration of marriages”, CEDAW insists, there should be “equality between women and men in marriage and family relations.”
Pointing towards what it calls “continuing reluctance to review its policy of non-interference in the personal laws of communities without their initiative and consent”, CEDAW believes this is in contravention to the articles 5(a) and 16(1) of the Convention on the Elimination of All Forms of Discrimination against Women. (click HERE to see).
CEDAW -- which has just put out its "concluding observations" on conditions of women in India -- expresses concern about “the procedural requests of the Special Marriage Act”, which it believes “de facto hamper couples, especially women, from seeking permission to marry and register marriages. It underlines, “The committee is particularly concerned that spousal property is overall governed by a regime of separate property so that women are not awarded their share in the property accumulated during marriage.”
This could be done, CEDAW says, by ensuring that “all the laws on marriage and family relations governing the different religious groups, as well as their further amendment, are in full compliance with articles 15 and 16 of the Convention and the Committee’s General Recommendation no. 21 (1994) on equality in marriage and family relations.”
It further says, there is a need for “ensuring that all the laws on marriage and family relations governing the different religious groups, as well as their further amendment, are in full compliance with articles 15 and 16 of the Convention and the Committee’s General Recommendations no. 21 (1994) and no. 29 (2012) on equality in marriage and family relations and on economic consequences of family relations and their dissolution” (click HERE to see details).
In fact, CEDAW calls for “reviewing existing legal framework on spousal property relations so as to ensure women are provided their share in the marital property in light of the Committee's General Recommendation no. 29 (2012) on equality in marriage and family relations and on economic consequences of family relations and their dissolution”.
While noting that the implementation of the Prohibition of Child Marriage Act (2006) has led to a certain decrease in the number of early and forced marriages of girls, CEDAW notes that there is still a “high prevalence of such marriages”.
It adds, “Victims of child marriages must file a petition with a court to void the marriage within two years after reaching the age of majority.” In this context, it expresses serious concern “at reports that judges often authorize marriages of under-age girls based on Muslim Personal Laws, and that no legislation ensuring the registration of all marriages (in India) has been adopted.”

Comments

RG Kar saga: Towards liberation from the constraints of rigid political parties?

By Atanu Roy* There's a saying: "There is no such thing as a half-pregnancy." This adage seems particularly relevant when discussing the current regime of the Trinamool Congress (TMC). The party appears to be entrenched in widespread corruption that affects nearly every aspect of our lives. One must wonder, why would they exclude the health sector—a lucrative area where illicit money can flow freely, thanks to a network of corrupt leaders colluding with ambitious bureaucrats?

TU activist Anirudh Rajan, lawyer Ajay Kumar in custody: Wounded reputation of world's largest democracy?

By Vedika S* Over the last few days, India's National Investigation Agency (NIA), known to be tasked with suppressing revolutionary, democratic, and progressive forces, conducted a series of raids across Haryana, Punjab, Uttar Pradesh, and Delhi. Targets included human rights attorney Pankaj Tripathi, student leader Devendra Azad, and peasant union leader Sukhwinder Kaur. Lawyer and anti-displacement activist Ajay Kumar was arrested and taken to his home in Mohali, which was subsequently raided. He is now imprisoned in Lucknow as a suspect in the NIA's "Northern Regional Bureau (NRB) Revival case."

India's 55.6% still can't afford healthy diet, yet food wastage a serious issue

By Vikas Meshram According to this year's 'State of Food Security and Nutrition in the World' report, India has the highest number of malnourished people in the world, with a staggering 195 million affected. This report, prepared by the Food and Agriculture Organization (FAO) of the United Nations, was published jointly by five UN agencies, including UNICEF. The report also highlights a slight improvement in India's statistics: between 2004-06, the number of malnourished people in the country was 240 million.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah* The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Damaging signal sent to various levels of judiciary? Modi at religious function at CJI's residence

Counterview Desk The civil rights group, National Alliance for Justice, Accountability and Rights (NAJAR), has expressed its "grave concern" over the Prime Minister’s recent presence at a religious event at the Chief Justice of India's residence, underlining, "Independence of Judiciary from Executive must be ensured in all circumstances".

Impact of global warming? Asia's 61% population 'deprived of clean water'

By Vikas Meshram* A recent study from Utrecht University in the Netherlands warns that climate change and socio-economic transformations will exacerbate water scarcity, disproportionately affecting populations in South Asian countries. Human beings require clean water for drinking, sanitation, food production, energy, and manufacturing. Across the globe, people and policymakers are grappling with the challenges of water scarcity.

Unwavering source of ideological inspiration in politics, life: Personal tribute to Yechury

By Bhabani Shankar Nayak Sitaram Yechury was everyone's comrade. He lived his life in public like an open book of praxis. Everyone was familiar with his family background, student life, many talents, achievements, and political journey that defines his everyday life as a committed communist.

Trailblazer in literary innovation, critic of Indian mythology, including Ramayana

By Harsh Thakor* Ranganayakamma, commonly known as RN, stands out as a transformative figure in promoting Marxist thought, democratic ideals, and anti-caste principles through her remarkably clear and engaging writing style. A trailblazer in literary innovation, her works span a broad array of topics, from critiques of Indian mythology and revivalism to discussions on civil liberties, the Indian Communist Movement, and Maoism in China.

Search This Blog