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Politicians will not challenge the norms of a mostly heterosexual culture just because some people want to live together. Hence, civil unions could be a decent starting point for same-sex couples. The Government of India has expressed its opposition to same-sex marriage to the Supreme Court, stating that such unions are not in keeping with the traditional Indian family and that 'obviously separate' groups should not be regarded the same. The executive and legislative branches' perspectives on this matter are heavily influenced by the conservative and traditionalist nature of most of Indian society. Nonetheless, it is the responsibility of the Supreme Court to protect basic liberties, regardless of public opinion. The Center for Justice and Inclusion (CJI) has made the encouraging ob...

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Promise Of Marriage To A Married Woman Cannot Be Basis Of Rape: Kerala HC

Arpita SarkarNovember 25, 20220

The Kerala High Court on Thursday exculpated a man facing rape charges. It said that if a man promises to marry an already married woman and the subsequent physical relationship between them will not attract the provision of rape under Section 376 of the Indian Penal Code (IPC). A single bench of Justice Kausar Edappagath dismissed a rape case filed by the police in the Kollam district in 2018. The bench observed that if a married woman voluntarily has sex with a man knowing full well that she cannot legally marry him, it can be no rape. According to the prosecution case, the accused sexually assaulted the applicant several times in Australia by falsely promising marriage. She stated in her plea that she agreed to have sex after repeated promises of marriage by the accused. Altho...

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Indian Youngsters With Higher Education Giving Up On Marriage: Survey

Arpita SarkarJuly 19, 20220

A recent report issued by the Ministry of Statistics and Program Implementation provides some statistics on the state of marriage in India. The report noted, among other things, a decline in the number of young people willing to marry. Jammu and Kashmir top the list according to the report. It said, "The percentage share of the youth population (15-29 years) who are ‘never married’ has shown an increasing trend in the male population from 20.8 per cent in 2011 to 26.1 per cent in 2019 and a similar trend has been observed in the case of the female population." Apparently, the marriage age barrier also seems to have increased over time. Note that, “A significant decline in the age level of first marriage for women aged 25-29 has been observed as only 52.8 per cent of women got married b

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Why The Government’s Stand To Tinker With The Legal Age Of Marriage Is Flawed

Abhay ChauhanDecember 17, 20210

Based on the recommendations of the Jaya Jaitley task force, the Union Cabinet passed a proposal on Wednesday, to bring the legal age of marriage for women at par with men, that is from 18 to 21 years.The objective of the task force, set up in June 2020 by the Ministry of Women and Child Development, was to examine matters "about motherhood, imperatives of MMR, improvement of nutritional levels and related issues." Among other recommendations, the task force recommended bringing the legal age of marriage at par with those of men. What is the current status of legal age of marriageThe Hindu Marriage Act, 1955 sets the minimum age of marriage at 18 for girls and 21 for boys. The minimum age of consent, as per the Special Marriage Act, 1954 and Prohibition of Child Marriage Act, 200...