Constitution of India

Question on Hindu Law and Special Marriage Act

In many parts of South India, the practice of a girl being married off to her maternal uncle is part of the community's custom. Suppose this type of marriage happens under Special Marriage Act and one party converts to Buddhism, what is the status of the marriage? Is it valid?

Childhood is glorified by writers, poets, thinkers, educators, teachers and so many others. Have you wondered why there is so much importance given to children even in the Indian Constitution and the Directive Principles of State Policy? Truth is that childhood is a critical period in the life of an individual because abilities and vulnerabilities are molded and developed based on the influence in the social environment. For the same reason, protection of the child and being aware of child rights is important for the well being of every country.

Visuals from depressing films crowd into our minds when we think about prison visits. These visits follow a set of rules and regulations in India as it is governed by the Prison Act, 1894 to provide humanitarian aid to inmates isolated from the society. Prison visits in India are, however, subject to certain specific codes of conduct that must be observed by the visitor diligently. In fact, some prisons hand out a copy of such rules to visitors prior to their appointment.

The Hindu Adoptions and Maintenance Act, 1956 is the sole codified law administering adoption in India. The law is applicable to all Hindus, including Jains, Sikhs, Buddhists, and other sects governed by the Hindu Law. Besides, the Hindu Adoptions and Maintenance Act extend to adoptions throughout the country, except in the state of Jammu and Kashmir.

On 12th March 2010, a division bench comprising Justices Pradeep Nandrajog and Suresh Kait recommended to the Delhi Government to frame rules that allow the latter to decide either for remission of sentence or clemency can be granted to mothers who are convicted of killing their own children.

March 9, incidentally a day after International Women’s Day, witnessed the historic sanction of the controversial Women's Reservation Bill in the Rajya Sabha. The sanction happened after more than a decade of deliberation, with constant resistance from majority of members of the House. In fact, several opponents of the Women’s Bill turned physically hostile while the House was in session, a day before the Bill was passed. Seven such House members were voted to be suspended for the remaining term for their behavior.

'On 8th March 2010, the world is celebrating 'International Womens Day'. India's Chief Justice K. G. Balakrishnan stirred a hornet's nest when he stated today that “due regard” should be given to a rape victim's wish if she chooses to marry the rapist or have the baby conceived as a result of this forced crime. The CJI stated this while addressing the national consultation on access to justice, relief and rehabilitation of rape victims. The event was organized to mark International Women's Day. However, women's rights activists were not happy with the CJI's statement.

Indian Hindus are typically governed by the marriage customs and Hindu traditions that evolved as part of Hindu marriage law. For the same reason, most young non-resident Indian couples prefer to tie the knot in India so as to conduct it in consonance with the marriage customs that are a part of the Hindu tradition.  Interestingly, a judgment about Indian Hindu marriage customs is reported on March 5, 2010 that has broad legal implications for Hindu NRIs.

Economic development has been one of the key focus areas of the Union Budget 2010, presented by Finance Minister, Pranab Mukherjee. A critical challenge addressed by the FM is reverting to a GDP of 9% within the year, and paving way to cross over the ‘double digit growth barrier.’ Curbing inflation is another important area of concern mentioned in the budget, with food inflation crossing the double digit in the latter half of 2009-1010. 

Indigenous communities of India have been fighting for their rights for centuries now. But their voices go unheard. The sad state of affairs of Dongria Kondh in Orissa is a vivid example of the violation of human rights. Niyamgiri hills at Lanjigarh, home to the adivasi community in the state, have a wealth of bauxite. The place is also home to an aluminum refinery, the brainchild of Vedanta Resources, a UK-based FTSE 100 company.

The company is seeking expansion of the refinery and mining project. The Indian authorities are ignoring the devastating health impacts of the proposed six-fold expansion. Local people have been deprived of the details of the project and its impacts on their daily lives. They have been comforted with the proclamation that the region will get a much needed makeover due to expansion of refinery and mining project.