Browsing by Subject "Marriage"

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Open Access
Conceptualising the Rights of Muslim Women in Context of Islamic Personal Law
(University of North Bengal, 2019-09) Gagneja, Shaveta
Despite the constitutional commitment for the gender-just laws and equal safeguards for minorities still Muslim women face considerable challenges as a member of largest minority and, are among the poorest, economically vulnerable, educationally and politically marginalized group in the country. Personal law, based on religious laws as modified by state legislation and judicial precedent, governs family relations including marriage, divorce, inheritance and maintenance and applies to individuals on the basis of their religious identity have become the benchmarks of a gender-just existence. According to Sacher Committee report media has extensively highlighted on select cases of Muslim women passionately in identifying the Muslim religion as the sole locus of gender injustice in the Community. In this paper author shall attempt to provide an exposition of statutory and judicial framework of India’s religion-state relations and further illustrate the rights of Muslim women laid down under Holy Qur’an for the protection of Muslim Women. It also briefly look in to the legislative enactments of The Muslim Women (Protection of Rights on Marriage) Act, 2019 over the triple talaq.
Open Access
Live-In Relationship: Morality, Ethics and Need for Legislation
(University of North Bengal, 2023-03) Chaturvedi, S. K.; Baranwal, Shradha
In India, a Live-in relationship is no more an alien concept considering the changes in societal fabric and its choices. Still, the issue of acceptability of the live-in relationship sometimes crops up which mandates recognition of its existence and the need to accord legitimacy to the same. Considering, that right to marriage has been maintained as a fundamental right via a plethora of judgments; and further protection has been given in such relationships which do resemble marriage-like institutions; it is high time that live-in relationships should be given statutory recognition with similar conditions of eligibility which are applicable in marriage. Various committees and judgments have indicated the same, yet the live-in relationship has not achieved the statutory recognition which is long due. The issue is not of existence but of protection which is at risk considering occasional draconian judgments which refuse to consider the right to companionship as a fundamental right and put unwarranted insistence on morality and ethics even to protect life and liberty. The institution of marriage has itself undergone a major change, yet some parts of the society and legal system simply refuse to acknowledge the same. This paper is an attempt to focus on the need for legalization and legislation pertaining to live-in relationships which would recognize the right of companionship beyond marriage and would also accord protection of life and liberty in such relationships.
Open Access
Marriage and Divorce over the Decades: An Analysis of the Portrayal of Marital Relationships in Select Indian English Fictions
(University of North Bengal, 2023-12) Chatterjee, Kaushik
The institution of marriage developed early in human society had its foundations in love, companionship, commitment, and mutual respect. The traditional view of marriage in India saw the institution as a bond for several lives. With exalted status given to men, the institution extended limited agency to women. Divorce became heavily stigmatized and discouraged. The issue of marital conflict is one of the dominant themes in Indian English fiction. Raja Rao, Arun Joshi, Kamala Markandaya, Nayantara Sahgal, Ruth Prawer Jhabvala, Bhabani Bhattacharya, Shobhaa De, Anita Desai, and many others frequently have used the theme of marriage and divorce as one of the central motifs in their works. The paper discusses marital strife in The Serpent and the Rope by Raja Rao and The Day in Shadow by Nayantara Sahgal. Raja Rao's novel was published in 1960, and Nayantara Sahgal's book was published in 1971. The paper discusses the theme of marriage and divorce in the two novels published a decade apart to examine whether the approach to marriage and marital differences has changed in a decade as represented in literature.
Open Access
Parsi Divorce: Time to Rethink the Legal Framework?
(University of North Bengal, 2019-09) Ghosal, Anupama; Contractor, Neville
Unlike other communities, the Parsi community is relatively a small community in India. In pre-colonial period, due to the absence of their code of law, Parsis had to depend on the basic principles of justice and fairness but later they were generally managed by panchayats or five most influential and intelligent persons within the community, for redressal of their grievances, because of which problems arose while resolving the disputes pertaining to inheritance and matrimonial litigations. In the colonial period, the need was felt to enact Parsi Marriage and Divorce Act (PMADA) in 1865 that provided for the jury system. Out of many, two major problems that arose in the jury system was access to the matrimonial courts and time-consuming adjudication of matrimonial disputes. The inherent deficiency and inadequacy of the jury system resulted in the formation of opinions and arguments disfavouring and favouring the jury system. The Supreme Court of India finally laid down the principles which constitute the crux of the fundamental right to access justice for the Parsi community. To suit the current need of the Parsi community with the changing times and for ensuring justice and fairness, a reboot of the existing and prevalent Parsi jury system is a necessity.