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LATEST NEWS UPDATES | Will govt act fast to stop khap terror? by Dhananjay Mahapatra

Will govt act fast to stop khap terror? by Dhananjay Mahapatra

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published Published on Jul 5, 2010   modified Modified on Jul 5, 2010

After terrorising the youth not to cross the obscurantist social boundaries on marriage drawn through their deadly diktats, the khaps are now having a grand congregation at Meham Chaubisi Chabutara in Rohtak on July 17. The point of discussion -- seeking lowering of marriage age for a girl from a legally prescribed 18 years to 15 years and for a man from 21 years to 17 years.

The mahapanchayat will be attended by representatives of around 600 khaps of all castes and communities, including Jats, Rajputs, Sainis, Gujjars and Dhanaks, claimed Om Prakash Mann, who is the Haryana president of All India Jat Mahasabha. The social expert in him also felt that lower marriageable age would help prevent young couples from eloping. That is, they would be married off by their parents even before they were mature enough to choose someone as their life partner and think of eloping.

For Mann and his ilk, here is a brief sketch of the history of the gradual increase in the marriageable age of girls:

In 1884, 22-year-old Rukhmabai waged a lone battle against child marriage and refused to go to her much older husband Dadaji Bhikaji to whom she was married off in 1873. She even wrote in Times of India attacking obscurantist elements and built up public opinion. Her efforts and the death of 11-year-old Phulmonee of marital rape in 1890 forced the colonial government to raise marriageable age of girls from 10 years to 12 years in 1891.

Social reformers realised the grave danger to women from child marriage and pregnancy-related problems. Led by Harbilas Sarda, they campaigned relentlessly and succeeded in making the government enact the Child Marriage Restraint Act in 1929 (popularly called Sarda Act after the chief campaigner) that made marriage of a girl below the age of 14 years an offence. The 1929 Act underwent amendments in 1940 and 1978 raising the age bar to 15 years and 17 years respectively.

But these did not protect girls from being married off much earlier than 17 years, especially in the hinterlands, as a National Family Health Survey of 2005-06 told us that 45% of women aged between 20-24 years were married before the age of 18. In 2006, the government enacted the Prohibition of Child Marriage Act providing stringent punishment to anyone who married off their children before the prescribed age -- 21 years for a man and 18 years for a woman.

It's hard to expect the gotra, community, village and caste hardened Mann and khap elders to spare a thought and understand the wrenching struggle of Rukhmabai, the mortal agony of Phulmonee and the singular efforts of Sarda. But would the government not be regarded as insensitive if it doesn't stop such mahapanchayats from even discussing ways and means to lead society to the dark ages when men used to be masters of their wives.

The government has been preparing drafts of a law to deal with khap panchayats which seldom flinch in ordering killing of youngsters who elope and get married. The ministries headed by P Chidamabaram and Veerappa Moily even had a close look at the idea of bringing an ordinance to rein in khap panchayats.

True, a law or an ordinance needs to be discussed and debated before being put in place. But it is not always possible to have a wider discussion when the problem is getting out of hand. So why not immediately bring in a law that would deter khaps from signing death warrants? One can always keep debating the provisions and if necessary amendments can be made.

Prevention of child marriage was one of the objects which had made the Supreme Court on February 14, 2006 (in the case Seema vs Ashwani Kumar) direct compulsory registration of marriages. The objects, which the government will do well to consider, were:

* prevention of child marriage and ensuring minimum age of marriage

* prevention of marriage without the consent of parties

* checking bigamy and polygamy

* enabling married women to claim their right to live in the matrimonial house, maintenance etc

* enabling widows to claim their inheritance rights and other benefits and privileges which they are entitled to after their death of their husbands

* deterring men from deserting women after marriage

* deterring parents/guardians from selling daughters/young girls to any person including a foreigner, under the garb of marriage


The Times of India, 5 July, 2010, http://timesofindia.indiatimes.com/India/Will-govt-act-fast-to-stop-khap-terror/articleshow/6128240.cms


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