Category: Editorial

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PM Narendra Modi to share his thoughts in ‘Mann Ki Baat’ programme today

Prime Minister Narendra Modi will share his thoughts with the people in the country and abroad in the ‘Mann Ki Baat’ programme on All India Radio at 11 AM today. It will be the 77th episode of the monthly radio programme. It will be broadcast on the entire network of AIR and Doordarshan and also on AIR News website www.newsonair.com and newsonair Mobile App.

It will also be streamed live on the YouTube channels of AIR, DD News, PMO and Information and Broadcasting Ministry. AIR will broadcast the programme in regional languages immediately after the Hindi broadcast. The regional language versions will be repeated at 8 in the evening.

LIVE-IN-RELATIONSHIP

The Invisible Parts of Your Relationship. - Kim CochraneKim Cochrane

INTRODUCTION

Live-in-relationship means where the partners live together as husband and wife without marriage. It involves continuous cohabitation between the partners without any responsibilities or obligations towards each other. It resembles like marriage but in actual it is little bit different as marriage is a sacred bond accepted by the society whereas on the other hand live-in-relationship is not accepted by the society at large till now.

Change is the law of nature and where right we should change ourselves a bit over time like we have started changing our perspective on live-in-relation. As we live in a society where our customs, rituals, ceremonies, traditions, etc. matter a lot so it will take some time to accept this emerging concept at large.

 

 

 

LAW IN INDIA ON LIVE-IN-RELATIONSHIPS

A BOND BY HEART OR BY KNOT” A COMPARATIVE ANALYSIS ON MARRIAGE AND LIVE IN RELATIONSHIP | RACOLB LEGAL

Marriages are governed by the personal laws of the parties to which they belong but there is no uniform code for Live-In-Relationship. There is neither any law relating to Live-in-relationship nor any enactment which can determine the rights and obligations of the parties living as partners. It is nowhere defined in the law but if two major consenting adults are living together without marriage for a long span of time it is not illegal or unlawful. However, court has interpreted this concept in various judgements. By interpreting it, court ascertained certain rights and is amending the existing legislations so that misuse of such relations can be prevented.

VARIOUS LEGISLATIONS

  • DOMESTIC VIOLENCE ACT,2005 : The provisions of the act are now extended to those who are in live-in-relationships as well. The amendments intend to protect the victims of domestic abuse in live-in-relation. Legislature has given the rights and protection to the females not legally married but living with a male individual in a relationship having resemblance of marriage. A woman who is in live-in-relationship can now seek the legal remedy against her partner in case of abuse or harassment.

Section 2 (f) of the Domestic Violence Act, 2005 defines :

Domestic Relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Section 2 (g) of the Domestic Violence Act, 2005 provides :

A relationship between the two individuals who live together or have lived together in the past is considered as a domestic relationship.

 

 

 

 

 

 

 

 

 

 

EVIDENCE ACT,1872 : It raises the presumption of the existence of the fact.

Section 114 of the Evidence act,1872 says :

The court may presume the existence of any fact which it thinks likely to have happened, regard being given to the common course of natural events, human conduct and public and private business, in a relation as to the facts of the particular case. Therefore, where a man and a lady live respectively for a long time as a couple then there would be an assumption of marriage between the two.

 

 

 

 

 

CRIMINAL PROCEDURE CODE,1973 : 

The Supreme Court of India has confirmed the proposition in Velusamy vs. Patchaiammal case that a woman who was in a live-in-relationship with man not legally wedded is not entitled to claim maintenance under Section 125 of Criminal Procedure Code. However, if such a woman proves that she was in domestic relationship with the man in the nature of marriage would be entitled to claim maintenance under Section 20 (3) of Protection of Domestic Violence Act, 2005.

 

 

 

 

 

 

 

CHILDREN BORN OUT OF LIVE-IN-RELATIONSHIP :

Legal Rights of a Child Born in a Live-In Relationship

In January 2008, the Supreme Court held that children born out of live-in-relationships will not be considered as illegitimate.

In Vidyadhari v Sukhrana Bai, the Supreme Court passed a landmark judgement wherein the Court granted inheritance to the children born from the live in relationship in question and ascribed them the status of “legal heirs”.

  • Maintenance can also be claimed by a child born out of such live-in-relationship under section 125 of the Criminal Procedure Code,1973.

 

 

 

 

 

 

SUPREME COURT OBSERVATIONS AND JUDGEMENTS :

  • In the landmark case of S.Khushboo vs. Kanniammal (2010), the Supreme Court held that a live-in-relationship comes within the ambit of right to life under Article 21 of the Constitution of India. The court further held that live-in-relationships are permissible and the act of two major living together cannot be considered as illegal or unlawful.

 

  • In Lata Singh vs. State Of U.P & Anr., AIR 2006, the Supreme Court of India observed that live-in-relationship between two consenting adults of heterogenic sex does not amount to any offence (exception adultery which is decriminalized now) , even though it may be perceived as immoral.

 

 

  • In Indra Sarma vs. V.K.V.Sarma (2013), the Supreme Court observed that live-in-relationship like relations are neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. 

 

  • In its recent judgement in the case of Pardeep Singh and Anr. vs. State Of Haryana

the Punjab & Haryana High Court : Live-In-Relationships not prohibited; such persons are entitled to equal protection of laws. 

 

 

 

 

 

 

CONCLUSION 

Live-in-relationships are not illegal or unlawful, if the two consenting adults are living together for a long period of time and that too without marriage.

 

 

 

 

 

 

 

Future of English

English has a huge space in world of communication. Various factors opened the way of English toan international level. Historical and political reasons are there. The establishment of colonies in various parts of the world allowed the entry of English into those countries. As the language of the rulers, English got more acceptance in a large number of countries where English was introduced as a foreign language particularly suitable to use as a language for higher education and also as a link between two persons from different places.The international organization like the UN, the UNESCO, WHO, and so on accepted English as their medium. The world leaders who speak different languages felt the need for a common language, and the lot fell on English. English is also the medium of International Airtraffic. English is a rich language with rich literature. Books on science and technology are available in plenty in English, and so it is the best medium for education in these subjects. English is spoken as the first language in several countries. It is used as a second language or a foreign language in almost all other countries. So now English has a vast realm to reign.but what would be the future of this language?
The course of the English language is going to be influenced by those who speak it as a
second or foreign language as by those who speak it as a mother tongue. The total number of mother-tongue speakers in the world is steadily falling when it compared to the number of second language speakers. As the numbers grow, and second/foreign speakers gain in national and international prestige, it is likely that some of the traditional rules of concord change according to the fashion of New Englishes .The new varieties of English will become powerful and prestigious. Though there are few studies about this, we can see several of these linguistic features increasing in their respective countries. New words are introduced and these words first come with some effort but soon become popular through the continuous use of the same.In the past it was wrong to use the language like this, But today the new words will be accepted as correct usage. Thus linguistic features are raised from a national level to an international level. These days, regional national varieties of English increasingly are being used with prestige at the international level.And the nature of the reaction also well illustrates the nature of the problem which all New Englishes encounter, in their early stages.English is developing as a strong non-native presence and at all levels. There is a trend around the English speaking world to approve many expressions that were penalized as local and low class. How far this trend develops depends on economic and social factors more than anything else. If the people who use these new varieties become more influential, attitude will change and shortly we shall find ourselves an English language that contains large areas of contact influenced vocabulary borrowed from other languages.There are constant change in English which made by the speakers especially the second language speakers of English.Some of them considered it as degrading one language,but linguists accepting it as positive.We have to understand the fact that the growth of this language all over the world is due it’s nature to accept all the changes!Do you think there will be englishes for each country in the future?

Lakshadweep in Danger ?

 

Lakshadweep, the group of 36 islands is located 400 km away from Malabar coast. The Island is full of exotic and sun-kissed beaches and lush green landscape. It is known for its beautiful Lagoons and coral reefs. ‘Kavaratti’ the capital of Lakshadweep is also known as ‘Coral paradise’. 

 

India’s smallest Union Territory Lakshadweep is an archipelago consisting of 36 islands with an area of 32 sq km. The territory comprises of 12 atolls, three reefs, five submerged banks and ten inhabited islands. The islands have a total area of 32 sq km. All Islands are 220 to 440 km away from the coastal city of Kochi in Kerala, in the emerald Arabian Sea. The natural landscapes, the sandy beaches, abundance of flora and fauna and the absence of a rushed lifestyle enhance the mystique of Lakshadweep. 

 

Politically, Lakshadweep is very different from rest of the country. These Islands are represented by a Member of Parliament in Lok Sabha who is Mohammad Faizal of NCP currently. They have local self government or Panchayats and an administrator appointed by the President of India. The residents of Lakshadweep Islands take pride in the way they follow their cultural traditions while maintaining and preserving the rich treasure of abundant wildlife. 

 

The Islands have special provisions that are different from rest of the country. Special permission is required from the administration for non-residents to visit the Islands. Also, Liquor is banned in all the places in these Islands. There are restrictions on outsiders buying land here. Recently there has been widespread protests in these Islands and the #savelakshadweep has flooded the social media posts. 

 

This article will provide you with all the insights about ongoing protests in Lakshadweep- 

 

These protests started after Dineshwar Sharma an IPS officer and administrator of Lakshadweep died in December 2020. From a very long time this position has always been occupied by prominent civil servants from all across the country. But this time a politician and administrator of Daman and Diu and Dadra and Nagar Haveli Praful K Patel was appointed as administrator here. Praful Patel was an MLA in Gujrat in 2007 here. In 2010 he was made Minister of State Home of Gujrat by Narendra Modi. In 2014 when Narendra Modi became Prime Minister he was made Administrator of Daman and Diu. In 2016 he was appointed as administrator of Dadra and Nagar Haveli too. 

 

After his appointment as administrator many reforms were made without consultation of people’s representatives which the people are finding autocratic. 

 

Beef ban – Residents of Lakshadweep are known to value beef culturally and are mostly non-vegetarian. But the administrator has closed down all dairy shops and has proposed to ban slaughter, transportation and selling of beef products. 

 

Destroying links with Kerala- Kerala and Lakshadweep are known to have close links with their culture and traditions being alike. Located at about 175 nautical miles from Kerala, the people of Island are known to depend on Kerala for educational and medical facilities. But according to some residents administrators new decisions will allegedly destroy this link and affect the local residents. 

 

Powers of Panchayat taken away– The Powers of Panchayat to take decisions has been taken away according to new Lakshadweep Panchayat staff rules from major sectors like Education, Healthcare, Agriculture, Animal Husbandry and Fisheries sectors. Centralizing powers in these major areas implies imposing decision of single person over residents of Island which violated the very essence of Democracy. Also, persons having two or more than two children have been made ineligible to contest elections which will make most of the people to participate in decision making process. Island which has neither a high fertility rate nor overpopulation has been imposed with such law. 

 

Rising Coronavirus cases– Lakshadweep till previous year was the only place in India with zero Covid-19 cases. This was because of the stringent rules of testing and 14 days Quarantine. But when rules were changed by administrator demanding only RT- PCR report before entering Island coronavirus cases began surging and according to the reports have crossed 6000 marks. 

 

Prevention of Anti-Social activities law– According to this new law anyone can be detained without public disclosure for upto one year. Lakshadweep Development authority regulation- This reform would allow for orderly progressive development of land in urban and rural areas. 

This will also involve building, mining, quarrying and other operations which would lead to destruction of ecologically rich Island. This would also allows for a ‘plan’ which will indicate land or zones that can be identified for parks, industries, residential or commercial use, national highways, arterial roads and so on. Under section 72, it also gives power to the Planning and Development Authority to evict anyone who is found to occupy land under a final scheme formulated under the proposed law. “If the Planning and Development Authority is opposed or impeded in evicting such person or taking possession of the land from such person, the District Magistrate shall, at the request of the Planning and Development Authority, enforce the eviction of such person or secure delivery of possession of the land to the Planning and Development Authority,” the draft says.   

 

The residents of Lakshadweep have been protesting for a few months now. The way in which cultural and territorial rights of these people have been harmed is mindless and will harm the only ecologically flourished place Lakshadweep.         

 

A love quote!

 

We,the people are surrounded by love.Love is everywhere around and means to be everything.The first true love we witnessed is the mother love which is unexpected in return,meant to be only giving…lucky are the ones who get! Everyone in their life has one person who is meant to be their whole world!That person has the key to our all kind of emotions.When we have met them for the first time,we wouldn’t have been realised that they gonna be this important to us!But later we do.

We used to care them,accepting their flaws,always worrying and thinking about their safety and welfare,being a needy support,always wanted to hear their voice and to be with them,used to say sorry first though it’s not our fault,having belief and hopes on them,doing each &everything for them with care, valuing their feelings and respect them,giving often chances to rectify their mistakes,getting refreshed with a smile on their face,making them feel better,feeling liberal,wanting to share everything, accepting &loving them as they are,trying our level best to keep them happy always,not even a single day passes without thinking about….And moreover loving them unconditionally!

The moment when we feel that magic, when we have really started exploring ourselves,finding ourselves to be a newly flourished one,freshly born again…..the day when we fall in love with them despite their flaws,when they become only our dreams,feels extremely difficult to forget& hard while missing them,being true to them,when they made you feel contented and serene,who knows us like they know their soul….

The moment when we just know that we will never be able to replace them if they left,when we used to sacrifice everything for them unintentionally,when we afraid of losing them and not even think to go to the extreme end,the moment when we never used to give up on them…that moment when we realize that we have been already changed and started dedicating our lives to them,when we blindly believe that-in them lies happiness,under their palm lies our world, everything within them…..ask yourself,who’s that one person? For whom we have been changed this a lot? On finding our answer we might come to know about that one person of our life!

With whom we are connected deeply and soulfully!It takes someone really special to make us smile with tears in our eyes.The greatest gift is the time we give ,we are giving our portion of life that we’ll never get back. We cannot see the beautiful things,it must be felt by our whole heart!

Love is a hidden treasure,we never know we have it until someone special explore &reveals it. Love is all about only giving,love is where ,our heart is.

Is coding an absolute necessity for kids starting from 1st grade?

The world is moving at a fast pace. And adults try their best to match the pace, but often they cannot because such is the development consuming the world. While 25 year olds are still trying to earn a place in this highly competitive salary race, what about 5 year olds? You would have seen many advertisements endorsed by popular celebrities saying that kids should start coding right from age 5. The tender age where they should be chasing a butterfly, they are to sit before computers. And not just learn coding, but also aim to be the stalwart that companies should be hounding after.

The biggest scam

Coding is an integral part of the digital world and of course, everything is done with the help of it. But that alone is not enough to incentivize parents into signing up their 5 and 6 year olds to coding classes. These ‘education’ platforms supposedly charge a hefty amount from parents just by some flashy marketing and advertising. You would’ve come across ads where a company allegedly claims that a 2nd grader bagged a 1.2-150 crore job from Google. It is definitely hard to believe(it has been proved that the claims are bogus) and at the same time, saddening that kids are now forced to enter the salary race.

Why coding isn’t the only thing in picture

child in front of laptop

The deeper unsettling fact is that parents are put up in such a situation where they feel bad for not signing up their kids. Think about what any parent would do if they hear that any child has the capability to design an app and can bag a place in top firms. They will readily sign up their kids, thinking they are going to secure their child’s life. But, what they don’t know is that, there is time. 1st grade or even 8th grade is not the age for children to learn the fundamentals of a for loop construct. It is the age where they are to learn the world, the surroundings, and their presence.

It is when languages should be given importance to. No, not programming languages, but the languages which lets them express their opinion to the world and which lets them explore the richness of their culture. It is when social and democratic sciences should be learnt, letting them know about their ancestral world.

It is also when values and ethics should be imparted into them, not by texts, but by making them experience it in a situation where it is put into test. While there is so much to learn about, forcing them to create a video game application not only burdens them with unnecessary information, but it also limits their creativity by directing it into one field only.

A note to parents

One thing parents must hardwire into their mind is that, coding alone cannot land you a job in Google or Microsoft. It is just another tool to put an idea into implementation. By introducing kids to coding at an early age, the ‘idea’ part gets subdued. There is no particular age to start coding. It is a gradual process.

We may not be aware, but every individual is already coding, no matter their knowledge in computer science. The literal meaning of coding is: to use a particular system for identifying things. As kids, as adults we already incorporate it in daily life when a kid arranges his play blocks in a certain manner or when adults have a particular system of doing their chores.

creativity
Let children explore their creativity. Source: Deposit Photos

Hence everyone can code if they have the interest to do so. The reason kids shouldn’t be obliged to learn coding at an early age is to allow them to have the time to identify their interests. So as parents, the least you can do is by providing them that right. The right to choose things that delight them. The right to choose it for themselves instead of pushing it down their throats at an age where they don’t even recognize it. Do not let falsified ads ruin childhood. Let them decide for themselves who they want to be. Until then, enjoy their transition. Because they are going to be kids only once.

You have a lifetime to work. But children are only young once.

India, US discuss vaccine partnership aimed at expanding access and ensuring supply

External Affairs Minister S Jaishankar met US Secretary of State Antony Blinken in Washington last night. In a tweet, Dr Jaishankar said, there was productive discussion on various aspects of the bilateral cooperation as well as regional and global issues. Both leaders discussed Indo Pacific and the Quad, Afghanistan, Myanmar, UNSC matters and other international organizations. He said, discussion also focused on Indo-US vaccine partnership aimed at expanding access and ensuring supply. Dr Jaishankar appreciated the strong solidarity expressed by the US at this time. He said, the talks have further solidified our strategic partnership and enlarged our agenda of cooperation.

Mr Blinken said, United States and India are working together on so many of the most important challenges of our time and ones that are having a profound impact on the lives of our citizens. He said, US and India are united in confronting COVID-19 together, united in dealing with the challenge posed by climate change, and both countries partnered together directly through the Quad and other institutions at the United Nations in dealing with many of the challenges that we face in the region and around the world. Mr Blinken said, the partnership between the United States and India is vital, it’s strong and it’s increasingly productive. The US Secretary of State said, we remember in the earlier days of COVID, India was there for the United States, something we will never forget and now we want to make sure that we are there for and with India.

Production capacity of Covaxin to be doubled by next month

Centre has said that the current production capacity of indigenously developed Covaxin will be doubled by next month. The Health Ministry said, the production will then be increased to nearly 6-7 fold by July and August. Thus, it’s production will be increased  from one crore vaccine doses in April, 2021 to 6 to 7 crore vaccine doses in the month of July and August. The Ministry added that the production of the vaccine is expected to reach nearly 10 crore doses per month by September this year. This capacity augmentation of Covaxin carried out under Atmanirbhar Bharat 3.0 Mission COVID Suraksha was announced by the Government of India and implemented by the Department of Biotechnology Govt of India to accelerate the development and production of Indigenous COVID Vaccines.

The Ministry also said that there have been some unfound media reports on unaccounted vaccine doses of Bharat Biotech and these reports are incorrect and not supported by full information on the matter.

The claims of Bharat Biotech having 6 Crore doses is an error of comprehension among some quarters reporting the matter.

The Ministry said, so far, Bharat Biotech has supplied 2 crore 76 lakh 66 thousand 860 vaccine doses to the Central Government. Out of them, 2 crore 20 lakh 89 thousand 880 doses including wastage, have been consumed by all the States and UTs in the ongoing COVID-19 Vaccination drive. With this, the balance available doses of vaccines with States and UTs are over 55 lakh 76 thousand doses. The Health Ministry said, Private hospitals have also received 13 lakh 65 thousand 760 doses of Covaxin in the same month over and above what has been supplied to the Centre and the states. It said, in the month of May, 2021 additional 21 lakh 54 thousand 440 doses of Covaxin are to be supplied. This takes the total vaccine supplied and in pipeline till date to over 3 crore 11 lakh doses. Almost 90 lakh doses are committed for the month of June by the Manufacturer.

The Ministry added that Vaccine being a biological product of medical importance takes time for harvesting and quality testing.

Centre in regular touch with national and international manufacturers to augment availability of Corona vaccines

The Union Health Ministry has said that the government of India is doing regular interaction with national and international vaccine manufacturers like Pfizer and Moderna to make more COVID-19 vaccines available in the country. The Health Ministry said that the  concrete actions are a stern indication that the Government is making all efforts to increase the vaccine production in the country as well as attracting the foreign vaccine manufacturers to supply the required vaccine doses for the national covid vaccination programme. It said, as of date, India is using three vaccines against COVID-19 in its immunization drive. It includes two made in India vaccines – Serum Institute of India’s Covishield and Bharat Biotech’s Covaxin who have supplied about 7.92 crore vaccine doses in the month of May 2021.

The Russian Sputnik V is the third vaccine to get approval from the Drug Controller General of India (DCGI) for restricted use in emergency situations and is being used in a few private hospitals which are expected to be increased over the coming days.

It said, despite the constraints of availability, India has fared well in covering 20 crore people in only 130 days which is the third largest coverage in the world.

The Ministry further added that the manufacturing capacities have been ramped up and vaccines being a biological product takes time for harvesting and quality testing. This cannot be done overnight to ensure a safe product. Thus, the increase in capacity of manufacturing too needs to be a guided process.

It said, National Expert Group on Vaccine Administration for COVID-19 (NEGVAC) was already established in August 2020 to provide guidance on all aspects of vaccine introduction including prioritization of beneficiaries, procurement, vaccine selection and its delivery.

The Central Government has been supporting the efforts of States and Union Territories for effective management of COVID patients in vaccination, under the ‘Whole of Government” approach since January this year.

My fellow murder mystery junkie, I’ve got your alibi!

Experiences are always fun to talk about, right? Let’s do a quick refreshing. Adventure, gut-wrenching, adrenaline gush. Try to map these three words to a single entity. Your mind, involuntarily would picture the obvious risk driven bungee jumping or skiing or other such outdoor activities. What if I told you, all I can picture is a cozy couch and a cup of steaming coffee? This sounds calm, not dangerous, you may think. But beware, a good murder mystery or a thriller book clutched within your hold, can shake the living hell out of you!

What happens physically when reading a murder mystery?

Without moving an ounce of your flesh, you get to experience a whirl wind of emotions. Reading a thriller book gives you the best experience. These sort of books give us a unique sensation that books of other genres can never do. They are all packed with suspense, waiting to burst within the hands that  pick them. Let me explain you what happens when you reach the core of a thriller book:

The back of our throat wanting to fill with bile, our stomach flutters, lungs struggle to get more air, our heart racing at a tremendous 120 km/hr. speed. Amidst all this, our brain trying to declutter the plethora of meaning underlying in a single sentence while at the same time, convincing our body that we our still positioned at our room’s couch, not on a wild goose chase of a psychopath of our imaginative, yet so realistic world.

Huh, I am gasping for air for just typing this out!

In addition to the chaos and turmoil bubbling inside, we can actually feel our hands go numb and our spine getting chilled. Its absolute wonder that a mere combination of 26 alphabets of a language can give you such trills. It is an amalgamation of so many things: excitement, terror, horror and what not?

Sonder

Apart from the train of random feelings, and a rollercoaster of emotions, these books actually provide a deep unfathomable impact and realization of the complexity of life. There exists a beautiful word in English for explaining this feeling and from the moment I heard it, I fell in love with it. Sonder.

sonder meaning
Sonder: Meaning

 

Movie or book?

Many a times, you may argue that a movie adaptation of a thriller book can give you the same experience. Let me tell you, you will miss one major escapade which can be experienced only by reading books, and not visually seeing a movie adaptation of the same.

When we see a movie, we do not give our brain enough time to contemplate what is going on. We adapt to the perspective of the director instead of developing our own. But when reading about the vivid description of a place, or about the character build, our brain gives life to the book. It tries to imagine the place, gives a face to the character and adsorbs the essence of the scene. This virtualization becomes impossible when we watch a movie as that work is already being done for us.

The good and evil within

Good and Evil
Good and Evil

Thriller books and murder mystery books keep us guessing about the suspects and without our knowledge, our mind penetrates into the mindsets of both the protagonist and into that of the villain. This introduces us into the duality of the human mind. We astonishingly try to relate with the good and the bad simultaneously. We try to seek justice for the light and the dark, putting us in a unique juxtaposition.

We are like water, taking the form of whatever we are poured into. It is up to us to stay true to who we are and lead our life absorbing the positive vibes only. So apart from the unique experience, thriller books also convey a beautiful truth about life, good needs evil to survive. Without mistrust, you will not grasp onto faith. Without rain, you will not appreciate the sun. So put your faith in the right things, lead your life with happiness. My dear fellow crime junkie, I’ve got your alibi (Wink).

Good and bad is not black and white but a million shades of grey.

 

 

ALL ABOUT HINDU MARRIAGE IN BRIEF

How to explain 'The Hindu Marriage act 1955' to common citizen in comprehensive way - Quora

 

Introduction

According to Hindu Law, Marriage is a sacrament or a religious ceremony that creates a relation between two families. It is a sacred tie between husband and wife which can not be broken. It is believed that Marriage is the purest form of bond which is for seven lives that is birth to birth. According to Vedas, a man is considered incomplete until he gets married. It is the last tenth sacrament.

Who are Hindus?

A person who :

  • Is a Hindu by religion in any of its forms.
  • Is born from Hindu parents.
  • Is a Buddhist, Jain, Sikh by religion.
  • Is not Muslim, Christian, Parsi or Jews and are not governed under Hindu Law.
  • Hindus by Conversion or Reconversion.

Conditions for a Hindu Marriage :

Section 5 of the Hindu Marriage Act,1955 lays down the following conditions for a valid Hindu Marriage :

i) neither party has the spouse living at the time of the marriage;

ii) at the time of the marriage, neither party-

  • is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
  • though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
  • has been subject to recurrent attacks of insanity

iii) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of marriage;

iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

v) the parties are not sapindas of each other unless the custom or usage governing each of them permits marriage between the two.

Ceremonies for a Hindu Marriage :

  • Marriage must be performed by the customary rites and ceremonies of either party thereto and where such ceremonies include the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.

 

Registration of Marriage : As per section 8 of the act, provisions have been made to register the marriage under the act.

 

 

Types of Marriage :

i) Valid Marriage: if the marriage has been performed in followance of the essentials or conditions provided then it will be a perfectly valid marriage and is binding on the parties to it.

ii) Void Marriage: marriage shall be null and void and have no legal effect in the following cases if-

  •  either party has a spouse living at the time of the Marriage; or
  •  the marriage has been performed within the degrees of prohibited relationship unless the custom or usage governing each of them permits a marriage; or
  • the parties to a marriage are sapindas off each other unless the custom or usage permits it.

Marriage can be declared as void on the petition of either of the party to a marriage.

iii) Voidable Marriage: marriage is perfectly valid until or unless it is annulled by a decree of nullity and it can be avoided at the option of one of the parties to the marriage. Following are the grounds on which a marriage can be annulled-

a) marriage has not consummated owing to the impotence of the respondent; or

b) marriage violates clause (ii) of section 5; or

c) where the consent of the petitioner, or where the consent is given by the guardian, the consent is obtained by force or by fraud as to the nature of ceremony or as to any material fact or circumstances concerning the respondent. But this will not be a ground for annulment if-

  • the petition has been presented after one month of the cessation of force or fraud discovered; or
  • the petitioner has lived with the other party to a marriage with his or her full consent after the force has ceased or fraud has discovered.

d) the respondent was pregnant by another person at the time of marriage. But this ground shall not be entertained unless the court is satisfied that-

  • the petitioner was ignorant of this fact at the time of marriage;
  • proceedings have been instituted in the case of a marriage solemnized before the commencement of this act within one year of such commitment and in the case of marriages solemnised after commencement within one year from the date of such marriage; and
  • the marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

Punishments for contravention of conditions for Hindu marriage :

  •  any marriage between two Hindus solemnized after the commencement of the Hindu Marriage Act 1955 is void if at the date of such marriage either party had a  husband or wife living, and the provisions of section 494 and 495 of the IPC shall apply accordingly. This is a punishment for bigamy.
  • if there is a contravention of the condition of the age of marriage then will be punished with rigorous imprisonment which may extend to two years or with a fine which may extend to one lakh rupees or with both
  •  in the case of a contravention of the condition of sapinda relationship or prohibited degree then the punishment will be simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees or with both. 

 

Conclusion 

After the commencement of the Hindu Marriage Act,1955 every marriage between the two adult Hindus should be performed in accordance with the rules and regulations made under the act for this purpose.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On peace process, US NSA speaks with Afghan counterpart

The White House said that the discussion on peace process among other issues was held on May 26, 2021 by The United States National security Advisor Jake Sullivan to his Afghan counterpart Hamdulillah Mohib.
Mr. Jake Sullivan made a prominence that the United States will endure enormously engaged with the Afghanistan government and the US troops of Afghan people should depart the country.
The spokesperson of the National security council Emily Horne said, He and Dr. Hamdulillah Mohib re asserted the remaining strength of the bilateral partnership and have committed to continue a close consultation. He gave a summary of US plans to endure security assistance as well as civilian assistance to help Afghan people and Afghan National Defense & Security forces. She also stated that the two governments agreed to continue to work closely in support of common objectives including a negotiable political settlement which ends the war in Afghanistan.
US will stand with the people of Afghan as they have seeked to achieve a durable and inclusive peace. India has been a hopeful partner for the US in Afghanistan, John Kirby, the Pentagon press secretary has reported at a news conference.

Twitter blames government for threatening free speech

Twitter started putting allegations on government for threatening free speech, Government counters it is defying Indian laws: On Thursday, amid the tensions between social media platform and government due to new guidelines, Twitter putted some serious allegations on government of “dangerous overreach that is inconsistent with open, democratic principles, ” and further also said that it is being forced to withhold portions of “legitimate free speech” over fears around the employees safety and some threats of financial penalties.

Sources are indicating that these were majorly related to the government’s request to pull down tweets related to farmer protests, as it was believed that these were peddling an anti-India sentiment and was an attempt to ruin India’s image globally and initiate some riots, as well as it is also related due to incidents during corona pandemic. The B1.617.2 variant which was initially found in India was being labelled as Indian variant in this social media platform and this was also ruining image of India globally.

A spokesperson of this giant social media platform gave an statement that, “We maintain that the content reported in the original order constitutes protected, legitimate free speech, under Indian and international law, and we have formally communicated this to the government… Yet, due to the law’s limited scope under Section 69A (of the IT Act) which gives limited room to an intermediary to defend the content, we have been compelled to withhold (block in India) in response to a non-compliance notice. Not doing so poses penal consequences with many risks for Twitter employees.“

However, the spokesperson also added and defended himself that Twitter does not take any action on any verified accounts that consist of news media entities, journalists, activists, and politicians in keeping with our principles of defending protected speech and freedom of expression . The statement given by him came one day after the social media platform was deemed to be non-compliant with the new social media intermediary norms under which it is now required to appoint some designated officers to deal with the grievances and compliance apart from having a mechanism for pulling down content where there are maligned individuals or there is any sexually explicit matter.

Twitter said that there were some concerns over “intimidation tactics” by police and was bit critical of the new IT rules. The big social media platform also expressed its displeasure over the new rules taking which according to them is weakening the immunity of social media platforms such as Twitter, Facebook, and Instagram over third-party content. It is making them liable for criminal and civil action.

Just after few hours of allegations imposed by Twitter on Indian government the government replied charging the company with deliberately subverting the law of the land and also trying to “dictate” its terms even while using the term “opaque policies” to “arbitrarily” suspend user accounts and delete tweets without any proper explanation. The government asked the American company to stop beating around the bush and said that “the only instance of scuttling free speech on Twitter is Twitter itself and its opaque policies, as a result of which people’s accounts are suspended and tweets deleted arbitrarily without recourse“. The government further added that “law-making and policy formulation is the sole prerogative of the sovereign and Twitter is just a social media platform, and it has no locus in dictating what should India’s legal policy framework should be” and thus slammed Twitter.

COVID-19 recovery rate further improves to 90.34% in country

India’s daily COVID recoveries continued to outnumber the daily new cases for the 15th consecutive day.

Over 2.59 Lakh patients recovered from Corona virus disease within last 24 hours.

The recovery rate further improved to 90.34 per cent in the country.

So far, over two crore 48 lakh patients have already recovered from this infectious disease.

Health Ministry said that the country is registering a significant decline in active caseload, amid the second wave of COVID-19 pandemic.

It said, the country registered a decrease of over 76 thousand active cases in the last 24 hours.

At present, there are over 23 lakh active cases in the country.

More than one lakh 86 thousand new cases were registered in the last 24 hours.

A total of three thousand 660 deaths were reported in the last 24 hours.

Meanwhile, 20 crore 57 lakh vaccine doses have been administered in the country so far.

Testing capacity has been substantially ramped up and 20 lakh 70 thousand tests conducted in last 24 hours.

FM Nirmala Sitharaman to chair 43rd GST Council meeting through video conferencing today

Finance Minister Nirmala Sitharaman will chair the 43rd GST Council meeting through video conferencing in New Delhi today.

Minister of State for Finance, Anurag Thakur will also attend the meeting.

Finance Ministers of all the States and Union Territories and senior officers from Union Government and the States will also participate in the meeting.