marriage

Live-in in Love: Juggling Tradition and Modernity in Small-Town India

A few years ago, at a family gathering my aunt casually dropped a comment that left everyone momentarily stunned. She proclaimed, “I’ll ask my daughter to live with the guy she wants to marry before they tie the knot. Just to be sure.” It was a bold statement, especially in a family where traditions have often guided major life choices, even though daily life is governed by a fairly progressive mindset. To my shock, my grandmother nodded in agreement and said, “Yes, that makes sense. Times are different now.”

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The Vermilion Tales

“Roli di! Roli di!” Roli fell off her armchair as an urgent cry startled her out of her reverie. Once again Roli had drifted off while imagining her scenarios in distant lands. She was sitting on the verandah of her house, reading a book and sipping warm milk from her favorite mug. But reading about her ferocious, independent female protagonists invariably lead her to thoughts of her own future and the kind of life she wants to lead. These days such thoughts had been plaguing her all day, refusing to let her sleep. She often found herself dozing off during the day while flitting from one possible situation to another.

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Marital Rape in India: An Outdated Legislation

The doors of Delhi High Court have been fluttering since last one month with voices being raised to criminalize exception 2 Section 375 of the Indian Penal Code (IPC). All India Democratic Women Association, RIT Foundation and two other organizations are behind putting forth this initiative. The Court has been going through the legality of the exception and whether it serves any purpose in modern-day India or is it just a colonial provision still draping in the books of the criminal manual.

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Raising The Age of Marriage of Women in India: A Step Forward or Backward?

On December 15, 2021, the Union cabinet gave clearance to the proposal of raising the legal age of women for marriage from 18 to 21 years, making the legal marriage age of women at par with the legal marriage age of men. This was done on the recommendation of Task Force report headed by Ms. Jaya Jaitly, former President of the Samata Party, so appointed by the Ministry of Child & Women Development to examine the issue about the age of motherhood, imperatives of lowering maternal mortality rates and improvement of nutritional levels along with other incidental issues in the previous year.

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Kerala HC Declares Marital Rape as a Ground for Divorce

Last week, a Division Bench of the Kerala High Court in Mat. Appeal No. 151 of 2015 held that marital rape is a good ground to claim divorce. The Bench comprising Justice Muhamed Mustaque and Justice Kauser Edappagath dismissed a set of appeals filed by the husband challenging the decision of the Family Court, recognizing that “a husband’s licentious disposition disregarding the autonomy of the wife is marital rape” which amounts as physical and mental cruelty.

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Gender Implications of Pre-Nuptial Agreements

The sporadic distribution of persons, identity, culture, language has always been a part of the Indic civilization. This heterogeneity implied a myriad of personal laws; both codified and uncodified. Where such diversity is engrained in the social fabric of India, such diversity could also mean plurality of gendered injustices. Delhi High Court on this note grappled and encouraged the Centre to act on the idea of Uniform Civil Code such that it doesn’t “remain a mere hope”. However, the Courts’ activism is not recent. Kerala HC in Agnes Alias Kunjumol v. Regeena Thomas also highlighted the need for such a legislation for subsistence of marital institution.

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Marital Rape: A Social and Legal Paradox

Despite 75 years of independence, the social status of women in India still stands in shadows. Grievous crimes and alarming rates of pending cases portray the loopholes in the legal machinery of the Indian legal system. One such appalling act is that of Rape – where the dignity and self-respect of a woman is bruised beyond contemplation.

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