Supreme Court remarks on child marriage - this marriage is not a mirage.
During the hearing on a petition filed by a minor for sexual intercourse with a minor wife, the Supreme Court said that child marriage has been called a crime in the law, but child marriages are still going on. The court said that this marriage is not Mirash (married but rather mirage). At the same time, the central government said that child marriage is a social reality and Parliament can make laws on this, but the court should not interfere.
Yaachikaakarta ke vakeel gaurav agravaal kee or se kaha gaya ki 15 saal se 18 saal kee ladakee jisakee shaadee ho chukee hai vaise maamale ko alag nahin kiya ja sakata aur yah jeevan ke adhikaar ka ullanghan hai aur aise praavadhaan ko gair sanvaidhaanik ghoshit kiya jae. 18 saal se kam umr kee ladakee ke saath shaadee ke dauraan usake saath banae gae jabaran shaareerik sambandh ke maamale mein pati ke khilaaph aaparaadhik maamala darj kie jaane ka praavadhaan kie jaane kee guhaar lagaee gaee hai. rep ko paribhaashit karane vaalee dhaara-375 mein kaha gaya hai ki agar 15 saal se 18 saal kee ladakee ka pati usake saath sambandh banaata hai to vah rep ke daayare mein nahin hoga.
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mangalavaar ko sunavaee ke dauraan supreem kort ne kaha hai ki is maamale mein teen raaste dikhate hain. isake tahat pahala raasta ye ho sakata hai ki aaeepeesee mein rep kee paribhaasha mein pati ko 15 se 18 saal kee umr kee patnee ke saath sambandh banaane kee sthiti mein rep see jo chhoot milee huee hai use khatm kar diya jae aur use rep maana jae. doosara vikalp hai ki is maamale mein posko (protekshan oph chaild phrom seksual ophensej ekt) laagoo kiya jae yaanee 18 saal ke kam umr mein agar pati sambandh banaata hai to posko kaanoon ke tahat kes hona chaahie ya phir teesara ki isamen kuchh na kiya jae aur pati ko naabaalig patnee ke maamale mein milee chhoot ko jaaree rakha jae.
yaachikaakarta ne kaha ki baal vivaah ke kaaran bachchon ke adhikaaron ka hanan hai. baal vivaah kaanoonan aparaadh hai. aise bachchon ko sanrakshit va surakshit karane kee jaroorat hai. is dauraan kendr sarakaar kee or se daleel dee gaee ki baal vivaah saamaajik saty hai aur kaanoon banaane ka kaam sansad ka hai. kendr ne kaha ki baal vivaah mein kathor saja ka praavadhaan hai. supreem kort ne kendr se kaha ki kathor saja kya hai. kathor saja umrakaid aur phaansee tak hai. maamale kee sunavaee budhavaar ko bhee jaaree rahegee.
gauratalab hai ki 15 saal se kam umr kee ladakee kee shaadee huee ho aur usake saath pati ne sambandh banae to bhee vah rep hoga lekin 15 se 18 saal kee umr kee agar patnee ho to usake saath pati dvaara banae gae sambandh rep nahin maana jaega. yaachikaakarta ke vakeel gaurav agravaal kee or se kaha gaya ki 15 saal se 18 saal kee ladakee jisakee shaadee ho chukee hai vaise maamale ko alag nahin kiya ja sakata aur yah jeevan ke adhikaar ka ullanghan hai aur aise praavadhaan ko gair sanvaidhaanik ghoshit kiya jae.
yaachikaakarta vakeel gaurav agravaal ne supreem kort mein daleel dee hai ki jab ek mahila jo shaadeeshuda nahin hai, usakee sahamati kee umr 18 saal hai to phir mahila agar shaadeeshuda hai to bhee usakee sahamati kee umr 18 saal honee chaahie. bhaarat sarakaar ne tamaam antararaashtreey samajhaute kie hue hain jisake tahat baal vivaah par rok kee baat hai. baal vivaah nirodhak kaanoon banaaya gaya hai jisake tat 18 saal se kam umr mein shaadee nahin ho sakatee lekin is kaanoon ko kadaee se laagoo nahin karaaya ja raha hai. saath hee yaachikaakarta ne kaha ki yooniseph kee riport hai ki kam umr mein shaadee hone se ladakee aur usake hone vaale bachche ke svaasthy par vipareet asar hota hai.
On behalf of the petitioner's counsel Gaurav Agrawal, it was said that 15 years to 18 years old girl who has been married, the case can not be separated and it is a violation of the right of life and such provision should be declared non-constitutional. In the case of forcible physical connection made to her during marriage with a girl under the age of 18, she has been made a provision to file a criminal case against her husband. Section 375 defining rap, it has been said that if a 15 year old 18 year old girl's husband makes a relationship with her, then she will not be in the purview of rap.
During the hearing on Tuesday, the Supreme Court has said that there are three ways in this matter. The first way is that under the definition of rap in the IPC, the rebate in the case of husband's relationship with the wife of 15 to 18 years of age can be eliminated and it is considered to be a rape. The second option is that in this case, Posco (Protection of Child Sexual Reforms Act) should be implemented, that is, if a husband makes a relationship at the age of 18, then there should be a case under POSCO law or third, that nothing should be done in it and Husband continues the exemption given in the case of a minor wife.
The petitioner said that due to child marriage the rights of children are abrogated. Child marriage is a legal offense. Such children need to be protected and protected. Meanwhile, the central government argued that child marriage is social truth and the work of making the law is of the Parliament. The Center said that there is a provision for harsh punishment in child marriage. The Supreme Court told the Center what is the harsh punishment. The harsh punishment is till life and hanging. The trial of the case will continue on Wednesday.
It is worth noting that even if a girl under 15 years of age has been married and her husband has relations with her then she will be raped but if the age of 15 to 18 years of age is a wife, then the relationship created by her husband will not be considered a rape. On behalf of the petitioner's counsel Gaurav Agrawal, it was said that 15 years to 18 years old girl who has been married, the case can not be separated and it is a violation of the right of life and such provision should be declared non-constitutional.
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The petitioner advocate Gaurav Agarwal has argued in the Supreme Court that when a woman who is not married, her age is 18 years, and if the woman is married then her consent should be 18 years. The Indian government has made many international agreements under which it is a matter of restricting child marriage. Child marriage prevention law has been created, in which the marriage can not be held at the age of 18 years but this law is not being strictly enforced. The petitioner also said that UNICEF has reported that getting married at an early age has adverse effect on the health of the girl and her child.
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