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Bonds Of Bloods

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
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Authentication No: DE133941219114-05-1221

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