Today we are all living in the age of technology, revolutions, and scientific
temper which aims and expand our potential to see the materialistic world more
clear with redefined perspectives which also play a pivotal role in interpreting
and framing laws for a state which may have democratic mediums or monarch and
the only difference between both is participation and acceptance of our
respected citizens.
Before approaching further I wanted to clarify that my intention is just to
increase rationalism among law students, scholars and expand their growth to
serve wiser and wider. Nothing in this article aims to downgrade any religious
sentiments or beliefs thus it is written under article-19 of the Indian
constitution and it's indirectly justified.
The topic for this research is regarding the following of the Hindu marriages
act and reflecting some reforms that are needed to live a life according to our
constitution until and unless it is subjected to personal choice but even today
that is also not a wider choice. So let's start with the definition of marriage
as there are thousand but according to me or from a layman perspective it is
defined to come under a mutual contract between two different genders and
keeping a constant to remain together which is regulated by specific states and
guaranteed by legitimate rules. it might have different customs while following
but in the end, without the authenticity of a state it would often be called
useless talent if it is not proved.
And as per section 3 of the Hindu marriage act, it is defined as (c)
full-blood and
half-blood- two persons are said to be related to each
other by full blood when they are descended from a common ancestor by the same
wife and by half blood when they are descended from a common ancestor but by
different wives.
As this is one of my favorite definitions which comes under the Hindu marriage
act as overall i didn't want to give facts as you can study it from the
authenticated resources but m here to analyze that is it is based on a
conservative mechanism or is framed in such specific principles during ancient
times that people from higher caste could only enjoy the privileges and
experience the psychological phenomena of power?
In fact, we all know that Hinduism is one of the religions which is quite
spiritual and intuition in nature either we can connect the dots regarding love
with nature or animalistic tradition. Why tradition such as sati, too much
decisive power was given to the males as Vedas itself didn't propagate the same
methods.
To find the answers we need to drive ourselves to the sources themselves which
are divided into mitakshra and dayabhaga which are considered to be two schools
of Hindu law. so let's start to reflect on some loopholes and then knot them
with our natural and fundamental rights. As if we didn't do the same it might
happen that that clash of ideologies and communal violence in India may reach a
tipping point so one of the main reforms that I had promulgated is that if an
individual no matter if he/she found to be dead and hardly even after finding
their real identity if the executive fails we often as per Hindu marriage act
call them as Hindu under Indian jurisdiction as you can say that this law is
quite regional and don't bond with international obligations. So in the case of
the executive have the right to initiate final rituals as per respected Hindu
traditions.
So if that individual is an enemy alien or a part of a society which is quite
different for example tribals cultures then don't you think it would violate
article 14 and 21 of the Indian constitution and even when dilemmas will arrive
such as how they don't have any traces of family tree it might happen that they
are orphans or even child labor who was exploited and selling teas in a stall
where you and your friends talk about politics and criticized intellectuals
isn't so we can introduce technology like genetic identification or facial
recognition but they still need data so where and how we collect data in spite
we have national statistics organization working at a macro level.
And as per data almost 40000 unidentified bodies were identified by Delhi police
annually so just think that sending them to the illusions of heaven no matter
which religion they follow is done by Hindu rituals. I am not saying that I am
against religion but don't you think it dismantles the intuition of a specific
individual and violates article 25,21
So we can frame a unification law for identification but the question is how we
complete the rituals if we bury them it would also lead to conflict and if we
burn then also downgrade even the environment. so we can frame a uniform civil
code even for it and for framing this law only intellectuals should be
participatory and public opinion in respect to majority should not be taken if
their content tilted towards religious principles and you might be thinking that
this boy is on the way to dismantle democratic values but my dear reader you
must know that not all your fundamental rights are absolute in nature and state
and even judiciary can frame such absolutive law to safeguard national integrity
and sovereignty.
The next issue which I am focused on regarding mental health display procedure
as per some sections any person who comes under Hindu definition cannot marry or
their marriage will be considered as null and void if they are suffering from
any mental disorders like schizophrenia, epilepsy, etc as such law I have read
in turkey but there are some differences. The point is if the parties convince
the other or acknowledge the other party that m suffering from such disorder
pre-marriage then it might happen that marriage can be done but if not it may
downgrade one soul.
Award Winning Article Is Written By: Mr.Intekhab Ahmad
Authentication No: DE133941219114-05-1221 |
Please Drop Your Comments