#Jaya Jaitly

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Child Marriage Prohibition Amendment Bill 2021

Women's Marriage Age Is Raised

The cabinet has approved a plan to raise the minimum marriage age for women from 18 to 21 years old. It is said that this will lead to women's empowerment. So, why are some people critical of it? Is it beneficial or detrimental? What are the advantages and disadvantages of child marriage?

Read: Supreme Court Judgements Online

Background

Prime Minister Modi mentioned the notion in his Independence Day speech last year.

It is based on recommendations given to NITI AAYOG in December 2020 by the Centre's task force, led by Jaya Jaitly, which was formed to look into concerns such as the age of motherhood, the imperatives of lowering MMR (Maternal Mortality Rate), nutritional levels, and other related topics.

Background Information

The United Nations adopted the Convention on the Age of Marriage and Marriage Registration, which entered into force in December 1964.

It requires states to:-Specify a minimum marriage age Prohibit legal acceptance of any marriage that does not have both parties' complete and voluntary consent. The Sarda Act, 1929, later renamed the Child Marriage Restraint Act (CMRA), 1929, established the minimum age for marriage in India. It was the first law to prohibit child marriage in India, with the exception of Jammu & Kashmir.

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It forbade the marriage of girls under the age of 15 and boys under the age of 18.

The law was changed in 1978 to raise the minimum marriage age to 18 years for girls and 21 years for boys. This is the case even under the new Prohibition of Child Marriages Act (PCMA), 2006, which replaced the CMRA. According to the law, a marriage between a boy aged 18-21 years and a girl under the age of 18 years entailed up to 15 days in prison and a fine of one thousand rupees.

Around 100 years ago, in 1917, a group of women formed the Women's Indian Association. An organization that advocates for women's issues. Because it was under British administration, the social issues they thought essential were brought to the British Indian government. Harbilas Sharda sponsored a measure to prohibit child marriages in 1929, on Gandhi's recommendation. The Women's Association protested on the streets in its support. Placards stating that anyone opposing the Sharda Bill will be looked down upon by the entire globe.

As a result of this pressure, the British India Parliament approved the Child Marriage Restraint Act, 1939.

The minimum marriage age for girls was set at 14 years under this act. And for boys over the age of 18.

However, the minimum marriage age for girls was raised from 14 to 15 years in 1929. The age was later raised from 15 to 18 years old in 1978. In the same year, the legal drinking age for men was raised from 18 to 21. The most significant alteration occurred in 2006. Child Marriage Prohibition Act of 2006. This was the first time that child brides had the option of having their marriage annulled.

They could call off their child marriage. Prior to this, they had to go through divorce after the child marriage. They no longer needed to divorce since if someone was a victim of child marriage, they could go to the authorities and have their marriage annulled.

Without the need for a divorce. Every child marriage is voidable, according to Section 3 of the statute. However, it was subject to a condition. This rule had a two-year time limit after reaching marriage age. That is, if someone was a victim of child marriage void, they could do so for up to 20 years after reaching the legal marriage age.

It was 21+2, up to 23 years of age for men, and 18+2, up to 20 years of age for women. Once that age limit was reached, the child marriage could not be annulled, which was a major LOOPHOLE in the legislation.

Child marriages were not immediately null and void. They could have been avoided. They could be declared null and void. In several circumstances, child marriages were declared null and void. As mentioned in Section 12 of the act, if the child's parents or guardians are not present at the wedding. Then it would be null and void. However, in the majority of situations, they were avoidable. They had to file an application to have it declared void.

According to the most recent data, India's total fertility rate has already fallen below 2.0, thus there is no need to be concerned. Their main goal was to address concerns concerning motherhood. As an example, consider the maternal mortality rate. Also, to limit the number of deaths during childbirth. They gathered comments from 16 universities and spoke with 15 non-governmental organizations before deciding to raise the marriage age. However, the underlying issue here is clearly child marriage.

When young girls are married off, their chances of dying during childbirth increase. The question therefore becomes, why are some condemning this decision?

There are primarily two points of contention:

Priyanka Chaturved, a Rajya Sabha MP, raised the first objection. She tweeted a newspaper clip depicting the names given to daughters in some parts of India. 'Dhapu' means Fedup, while 'Ramghani' means "O Lord, that's enough." 'Antima'as in I hope this is the last girl kid Faltu' or ineffective.

Obviously, this is reflected in some parts of the country. What society thinks of girls and women. According to Priyanka Chaturvedi, there is a need for societal transformation and that legislative intervention would be ineffective. She stated that commercials consume 79% of the Beti Bachao, Beti Padhao budget. Furthermore, the government is doing little on the ground.

Opinion

This objection, in my opinion, is a logical error. False Binary Logical Fallacy occurs when two unrelated objects are compared. I agree that the government is inappropriate to spend so much money on advertisements. But how does it relate to this decision? It is not possible that if the marriage age had not been raised, society would have changed.

In reality, the task committee on whose recommendations this measure is based has made additional recommendations for bringing about cultural transformation. As an example, boosting women's access to schools and colleges. Making it easier for women to get to school and college. As well as an emphasis on skill development and business training, the committee has stated that until the other items are executed, this bill would be ineffective.

Let me now address the second objection. The second concern is about freedom of choice.

According to CPM lawmaker Sitaram Yechury, when a woman reaches the age of 18, she gains the right to vote and is recognized as an adult, but when it comes to marriage, she is treated as a juvenile. How is that possible?

Similarly, AIMIM Chief Owaisi stated that an 18-year-old woman can pick the country's Prime Minister, create a business, and sign contracts, but she cannot marry of her own free decision.

According to some who have raised this point of contention, the legal age of marriage for both men and women should be 18 years. A similar suggestion was made in a 2018 Law Commission Report. That men and women should be permitted to marry at the age of 18. In fact, if we look at the global trend, we may observe a similar phenomenon in other countries. According to the United Nations, men can marry at the age of 18 in 180 countries, while women can marry at the age of 18 in 158 countries.

Here's a significant question: why wasn't the marriage age for men lowered to 18? So could it be 18 for both? Instead, they opted to do the opposite; the age for women was raised to 21. To know the answer to these concerns, we must first comprehend the country's problem with child marriage.

According to 2019 estimates, more than 1.5 million Indian girls were married when they were under the age of 18. When we consider the global number of child brides. India accounts for one-third of all child brides. According to 2019-21 NFHS data, 23% of marriages in India are child marriages. Child marriages account for more than one-fifth of all marriages in India. Does this imply that a large number of people are breaking the law?

TILL 2017

For girls, the consent age for physical relations was 18 years. However, the same age was just 15 years for a child bride. So marital rape was permissible in a child marriage. An NGO called Independent Thought had filed a petition in court regarding this. To complain about this, and happily, our Supreme Court acted on it.

The Supreme Court's bench of Justices Madan Lokur and Deepak Gupta criminalized marital rape for girls under the age of 18. But the most important point here is, why isn't a simple law formed? That if a minor under the age of 18 gets married off, it is not permissible under any circumstances.

Not only that, but this, in my opinion, should be criminalized. When a child marriage occurs, the parents on both sides who consent to the child marriage should be punished in some way.

In theory, sections 9, 10, and 11 of the 2006 Act contain provisions for levying penalties. Imprisonment for up to two years and a fine of up to one lakh rupees But how would this law work since the Act also states that child marriages are voidable but not instantly void? That is why, even today, 23% of all marriages are child marriages.

[newsoreo]

'Operation Westend' Case Highlights Need to Thoroughly Investigate Rafale Deal, Says Congress

‘Operation Westend’ Case Highlights Need to Thoroughly Investigate Rafale Deal, Says Congress

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Congress spokesperson Jaiveer Shergill (News18)

Congress spokesperson Jaiveer Shergill said that the conviction proves that BJP and its partners are not ‘corruption free’ but ‘investigation free’ and the Rafale deal needs to be probed.

PTI New Delhi

Last Updated: July 31, 2020, 11:00 PM IST

Days after the conviction…

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When Indian folk art finds a viral muse

When Indian folk art finds a viral muse

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Lord Krishna has begun wearing masks and carrying sanitisers — on canvas. Another painting has churches, temples and mosques banding together to fight the virus. If this doesn’t make Indians take Covid-19 seriously, nothing will!

Even as makers of fine art internalise and reflect upon Covid-19 (only a few such as Dhruvi Acharya are creating right now), folk artists are getting out their…

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The Forum Gazette Vol. 2 No. 7 April 5-19, 1987

The Forum Gazette Vol. 2 No. 7 April 5-19, 1987

The Forum Gazette Vol. 2 No. 7 April 5-19, 1987 issue contains:- The Fairfax Fracas: Is The President Involved by Shashi Shekhar and T Haque in Delhi Three Hundred Starvation Deaths In Orissa: Government Remains Unmoved: PM’s Rescue Plan Non-Existent by Pradeep Ojha MEDIA WATCH Janvani or Sarkarvani by Kusum Tripathi Russia’s Space Edge by Arjun Ghosh Violence Meets Non-violence At the Malkot…

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India's new 'Marriage Bill' is supposed to empower women and girls. Instead, it will roll back their rights - gal-dem

In a country that faces a myriad of gender-based violence and socio-economic inequities, concrete policy changes prioritising women’s rights mark a welcome change. Yet the primary solution Modi’s government offered, however, was to consider changing the legal minimum age for women to get married from 18 to 21 – matching the pre-existing laws for men. A task-force created shortly after Modi’s speech by the Ministry for Women and Child Development submitted a report recommending similar changes. These changes were debated in the winter parliament session on 23 December, as part of a bill amending the Prohibition of Child Marriage Act of 2006. The proposal has been recommended for further consideration to the parliamentary standing committee before it can be put to vote next year.

The primary aim behind the task force’s recommendations is to increase the quality of lives of women and young girls by offering them the opportunity to focus on educational, professional and vocational training by removing the pressure of early marriage. “When it comes to marriage, you put a girl at a disadvantage in accessing opportunities because the law is already embedding a message [to her] that after 18, [she] has another job to do,” Jaya Jaitly, who steered this task force, tells the Wire. However, the task force has not made their research, including how many stakeholders they interviewed and from what regions, nor their report, available to the public

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Rationale Behind increasing the Minimum MarriageAge from 18 to 21

In a historic decision, the Union Cabinet on Wednesday passed a proposal to raise the legal age of marriage for women from 18 to 21 years thereby bringing them at par with men. The decision was based on recommendations submitted to NitiAayog last year by a task force constituted by the Central Government under the chairmanship of Jaya Jaitly, along with Dr V K Paul of NitiAayog and Secretaries of the Women and Child Development Ministry, Health and Education ministries and of the Legislative Department,to examine ways to encourage higher education among women, explore the impact of marital age on infant mortality rate, maternal mortality rate, the mental health of the mother, nutritional status of both the mother and child, sex ratio at birth and child sex ratio etc. The decision has received widespread appreciation from all quarters of the society irrespective of caste, creed and religion. However, a section of the society has questioned the decision on certain parameters which needed to be answered.

         Some allegations can be heard about the new proposal to be used as a tool for population control. The allegations can be easily countered by quoting the recent data released by National Family Health Surveywhich has clearly shown that the Total Fertility Rate (TFR) is decreasing and the population is under control. India attained a Total Fertility Rate of 2.0 for the first time, below the replacement level of TFR at 2.1 which shows a clear decline population explosion. Some people have raised questions on the extent of the survey. Jaya Jaitly while submitting the task force’s report categorically said that “The survey is based on feedback from 16 universities as well as from over 15 NGOs which carried out extensive consultationswith young people (especially in marriageable age of 21-23) particularly in rural and marginalised communities, with focus on those districts where child marriage is quite prevalent. Feedback was taken across religions, and from urban and rural areas, equally”.

         To convert the proposal into a law, an amendment is needed to the Prohibition of Child Marriage Act, 2006, and consequently to the Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955 etc. once it becomes a law, the entire female population of India irrespective of religion will benefit in various fields. An enhanced marriage age will guarantee ample time for a girl child to receive quality education, to acquire skill sets and to get financial independence. And If girls can show that they are financially independent, parents will think twice before marrying them off early. An early marriage needs be seen from the perspective of an early motherhood, which is challenging for a girl physically, mentally and economically. Late marriage means late motherhood and late motherhood means more time for a girl to secure her future. Financial independence combined with quality education will ensure that women are treated equally in comparison to their male counterparts. This will ensure women empowerment in the true sense.

         Women constitutes almost 50% of the world’s population. Most of the efforts to empower people are generally aimed at the other half which is represented by men. Even if the schemes/measures are not aimed at benefitting a particular section, male counter parts generally get away with the cream of any scheme/programme owing to various societal norms, age old customs, patriarchy and government apathy. This decision by the government to enhance the minimum marriage age can be the milestone on the path to women empowerment. However, a comprehensive public awareness campaign must be chalked out to encourage social acceptance of the decision along with ensuring access to schools and universities for girls, including transportation in the case of educational institutes in far-flung areas. Politically motivated people will use the issue to provoke sentiments of ill-informed people. The need of the hour is to dispel doubts for the betterment of our sisters, mothers and daughters. After all, an educated and empowered woman can change the fate of an entire generation.

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A special CBI court sentenced Jaya Jaitly and Major General SP Murgai for 4 years for seeking to influence defence purchases during the Atal Bihari Vajpayee-led NDA government for monetary gains.

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Shield Tehelka financiers, Sonia told Chidambaram claims book by Jaya Jaitly

Shield Tehelka financiers, Sonia told Chidambaram claims book by Jaya Jaitly

Congress president, Sonia Gandhi has been accused of having a hand in the Tehelka sting, “Operation West End.” This allegation was made by former Samata party president, Jaya Jaitly.

The operation led to the resignation of George Fernandes as the defence minister. She also alleged that when the UPA was in power, Sonia Gandhi had asked then Finance Minister, P Chidambaram to ensure that Tehelka’s…

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Govt mulling revising legal age of marriage for girls, hints PM Modi | India News - Times of India

Govt mulling revising legal age of marriage for girls, hints PM Modi | India News – Times of India

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NEW DELHI: In a hint that government is considering revising upward the legal age of marriage for girls which is currently 18 years, Prime Minister Narendra Modisaid on Saturday a decision on “what should be the right age of marriage for girls” would be taken as soon as a committee set-up to study the issue submits its report. “To end malnutrition among girls, to assess what should be the…

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Jaya Jaitly: Middleman Michel said he would help me make 'pile of cash'

Jaya Jaitly: Middleman Michel said he would help me make ‘pile of cash’

Arms middleman Christian Michel, who became a familiar name after his name surfaced in the AgustaWestland chopper scam, was around when the Vajpayee government was in office, and suggested to former Samata Party leader Jaya Jaitly that she could “make a pile of money” for the party. NEW DELHI: Arms middleman Christian Michel, who became a familiar name after his name surfaced in the…

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INDIES TOP 40 ACTRESSES OF 2000s BOLLYWOOD ! http://imdb.com/list/ls567170157/ 1. Preity Zinta 2. Aishwarya Rai 3. Ameesha Patel 4. Manisha Koirala 5. Gracy Singh 6. Rani Mukherjee 7. Sandali Sinha 8. Mahima Chaudhry 9. Kim Sharma 10. Rachel Shelley 11. Lara Dutta 12. Rekha 13. Riya Sen 14. Konkona Sen Sharma 15. Tabu 16. Revathi 17. Shobhana 18. Celina Jaitly 19. Hrishitaa Bhatt 20. Shefali Shah 21. Vidya Balan 22. Kangana Ranaut 23. Priyanka Chopra 24. Madhuri Dixit 25. Heenee Kaushik 26. Rinke Khanna 27. Ayesha Takia 28. Kirti Reddy 29. Asin 30. Tilottama Shome 31. Shilpi Sharma 32. Shabana Raza 33. Kajol 34. Karishma Kapoor 35. Waheeda Rehman 36. Raima Sen 37. Katrina Kaif 38. Sonali Bendre 39. Jaya Bachchan 40. Gauri Karnik 41. Amrita Rao 42. Gayatri Joshi

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POLICY - Protection of Child Marriage(Amendment) Bill 2021

Prohibition of Child Marriage (Amendment) Bill 2021 was introduced in Lok Sabha by Smriti Irani, Union Minister for Women and Child Development and proposes amendments to the 2006 law with the recommendation of Jaya Jaitly Committee which seeks to raise the age of marriage of women from 18 to 21 years, making it equal for both men and women. This bill amends the definition of child to “a male or female who has not completed twenty-one years of age” and over-rides personal laws of Hindus, Muslims, Christians, Parsis and the Special Marriage Act, 1954. It also increases window for filing a petition to declare a child marriage void for both men and women to five years after attaining the age of 18.

The objectives of this bill is to encourage women to become self-reliant before marriage by aiding them to continue education. As data from longitudinal study reveals that only 10.3% of the girls who got married before 21 years of age went for higher education in comparison to 62.5% who got married after it. By bringing them at par with men in terms of marriageable age this bill provides equal rights to men and women and ensure gender neutrality. It also tries to improve nutrition levels and ensure mental, physical wellbeing of women. There are chances of decrease in the teenage pregnancies, maternal mortality rate, infant mortality rate and improvement in sex ratio at birth through this bill. According to the NFHS 2016 mortality rate was 59.2% among those who gave birth under the age of 20 years. A study by Ann Blanc shows that women after the age of 18 are proven to be comparatively healthier and more nourished, which naturally decreases the maternal mortality rate and shows positive side of the bill.

Objections this bill faces includes that late marriage does not ensure more women pursuing higher education or getting jobs. It also questions the rationality of an 18-year-old adult to make decision as a citizen to vote or give consent when they are not sensible enough to make their personal decisions regarding marriage. The real motive of the bill is not population control but to reduce maternal mortality rate. But a blanket ban over child marriages by further increasing the age of females from 18 to 21 won’t ensure a decrease in it. Government need to introduce initiatives to tackle with the social, economic, cultural factors and create awareness in the backward regions. Social beliefs in India which considers girl child as a burden leading to an attitude of people to marry their girls off as soon as possible needs to be resolved. This belief is based on the notions that younger girls can get married with lesser dowry than older woman and to protect their chastity from unwanted male attention or any form of sexual violence. Hence by just increasing the age won’t solve the problems or change the conventional beliefs. It also faces objections like when the existing law is still not able to eradicate the practice, how can a new bill be effective. To understand this, we need to go through loopholes of previous law which includes -–

· Burden on the child to challenge the validity of their marriage- Only the child bride/groom can challenge the validity of the marriage and annul it in their personal capacity. If the petitioner is minor, he/she need an adult best friend or guardian to file the petition which seems ideal but not in practice and highly unlikely.

· Officers are not punished for dereliction of duty- PCMA does not punish the child marriage prohibition officer (CMPO) for this resulting in lack of accountability and causing problems for children to access justice. Even if the child manages to approach them, CMPO require parents to sign a statement promising them to not force the marriage but later they sent the child back to their family which continues to force them to marry.

· Registration has not been made compulsory- Under the PCMA a lot of unreported child marriages exist. Compulsory registration of marriages in each state would be a step in the right direction as shown in the law commission’s report in 2017 and by the Supreme court in Smt. Seema Vs Ashwani Kumar case. The Independent Thought vs Union of India case of 2017 laid down that sexual intercourse by a man with his wife who is less than 18 years of age amounts to rape under the Indian Penal Code, 1860. This judgement is the first step in long journey as it discourages child marriages and allow FIRs to get registered against many men within child marriage.

· Inconsistencies with personal laws- It also hinder the implementation of the PCMA, since certain communities still allow child marriage and PCMA tries to prevent it leading to conflicts and several legal complications.

We also need to understand the context, culture and population dynamics of our country for better understanding of the issue. Unlike other developed countries India’s sex ratio is problematic and the influence family, culture and society carries on an individual’s reasoning cannot be neglected. So this bill act as a positive step in the right direction. However, there is need of some external measures to improve its implementation which includes rectifying the loopholes, increasing the representation of women in the panel to make decisions for themselves, reforms to ensure better implementation at local level considering the present COVID situation. It could be providing awareness in rural areas, eradicating poverty, ensuring compulsory higher education for women and providing financial assistance or making them self-reliant so they can act on their own. The bill is a good step but only by rectifying the loopholes and ensuring reforms we can ensure better implementation.

[exposing-now]

Raise in the marriageable age for women.

Raise in the marriageable age for women.

The ministry of women and child development established a task committee chaired by Jaya Jaitly in June 2020. The reason for raising the minimum age for marriage, according to Jaya Jaitly, is not population control because India’s population is already under control. According to the most recent data, India’s overall fertility rate has already dropped below 2.0. The main goal is to address issues…

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Traditional Indian art & crafts in architecture and interior design

Across varying scales and building typologies, the amalgamation of architecture with crafts can create a strong connection with building occupants, visitors and citizens alike. India has a vast repository of artisanal skills that have been nurtured from generation to generation over. Our age-old wisdom offers a tremendous opportunity to weave an enriching craft narrative with architecture for the creation of authentic and personalised experiences.

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Over the years, we’ve been exploring regional narratives, local skills and materials, experimenting and re-interpreting traditional mores for new, personalized expressions as a result of engagement with skilled artisans. We believe this approach of ‘Contemporising Craft’ is a key pursuit towards making traditional wisdom, age-old skills as well as obscure indigenous crafts relevant for our lives today through meaningful patronage and context-sensitive applications.

In residential design, this integration offers possibilities beyond just decor, to reflect the patron’s distinct taste and individuality. Our approach to create crafted expressions varies from developing narratives for an integrated architectural scale to small interior treatments, layering in the details and tactile qualities of space to incorporating objects, artefacts, murals, and art pieces — but always working towards shaping the spatial experience through impactful storytelling gestures.

Also Read | 7 Creative ways to revamp your outdoor space and impress your guests

To cite some examples of how we have employed craft, at a multi-generational family home in the capital, a large commissioned hand-painted Tree of Life in the Madhubani style frames views from each floor, building a sense of connection; at another residence, hand-dressed slabs of sandstone form a partition that sits as an object of interest at the entrance while being an appropriate backdrop for the dining setting, and at the House with a Brick Veil in New Delhi, an intricate configuration of stained glass windows in the stairwell brings in flickering hues of coloured light throughout the day.

Since the studio’s founding eighteen years ago, we’ve sustained our commitment to collaborating with craftspeople and explored contemporary craft interpretations such as the stone jaalis at the RAAS Jodhpur hotel and the thikri (mirror inlay) casting and foundry work in fine-dining restaurant Baradari at the City Palace in Jaipur.

Also Read | 6 Unique ideas to make your dull and dark room look bright

More recently, we teamed up with Sibanand Bhol of Collective Craft to develop a contemporary narrative of traditional Odia craft at an unprecedented architectural scale at the Krushi Bhawan in Bhubaneswar.

The government facility focuses on social inclusivity while illustrating how the government can become a key patron of regional crafts and sustain the communities and economies built around them. On another upcoming design scheme for a leading law firm in Gurugram, we have incorporated a vibrant mix of traditional paintings and craftwork by artisans on partitions and key elements commissioned by the Dastkari Haat Samiti and led by Mrs. Jaya Jaitly. These interventions not only revive and promote regional art forms but also honour and support crafts communities and their livelihoods.

Also Read | 7 Budget design ideas to make your home vibrant and sexy

Ankur Choksi, Principal, Studio Lotus

Source

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'Operation Westend' case highlights need to thoroughly investigate Rafale deal: Congress | India News - Times of India

‘Operation Westend’ case highlights need to thoroughly investigate Rafale deal: Congress | India News – Times of India

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NEW DELHI: Days after the conviction of NDA ally Jaya Jaitly in a defence scam during Atal Bihari Vajpayee‘s tenure, the Congress on Friday said the “Operation Westend” case has highlighted the need to thoroughly investigate the Rafale deal. Jaitly was president of the Samta Party, an ally of the NDA, when Vajpayee was the Prime Minister. Congress spokesperson Jaiveer Shergillsaid that the…