06-20-2008, 05:06 PM
From Pioneer 20 June 2008. I cant find the Hindu Marriage act thread but it deals with modernity and Hinduism
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->No legal issue in same-gotra marriages, rules court
Staff Reporter | New Delhi
<b>Rejecting the age-old Hindu tradition, which prohibits marriage between two individuals of the same 'gotra' (ancestral lineage), a city court on Thursday said that such tradition does not hold any importance in modern times and the statue does not bar such a relationship.</b>
The court's observations came in connection with a bail plea of Narender, a resident of Sangam Vihar in South Delhi, who married his lover from the same 'gotra.' Allowing Narender's bail plea, Additional Sessions <b>Judge</b> Kamini Lau, <b>directed the police not to arrest him over a police complaint </b>filed by the girl's family. <b>"It is evident that the law does not prohibit a 'swagotra' marriage and hence there is no reason why not two individuals who are in love and are not within the prohibited degree of relationship, cannot be allowed to marry and live happily as man and wife," </b>ASJ Lau said. <b>The tradition denouncing such marriages was instituted for the purposes of invocation and rituals and later extended to marriage only on account of genetic reasons for 'maintaining hybrid vigour,' the court said.</b>
Narender had eloped with his neighbour after falling in love and married her following stiff opposition to their relationship being 'swagotra'. Later, the girl's parents lodged an FIR in Sangam Vihar police station accusing Narender of inducing and kidnapping their daughter. During the arguments on bail, Ganpat Ram, father of the girl sought annulment of marriage claiming that he was facing social ostracism for 'swagotra' marriage and it would be very difficult for him to find good matches for his other children.
Rejecting the defence's argument, <b>ASJ</b> Lau said, "<b>The Hindu Marriage Act which abrogates and modifies all the past laws and has made marriage now strictly adult and monogamous, has done away with the caste and 'gotra' restriction." </b>The court's clarification of the legal propositions with regard to social opposition to 'swagotra' marriages came while deciding an anticipatory bail application of a youth who had been accused of kidnapping and marrying a girl, belonging to the same 'gotra'.
According to the Hindu tradition, a boy and a girl of the same 'gotra' (ancestral lineage) cannot marry as such relationship is termed as 'incest'. <b>"It is time that certain misconception about 'swagotra marriage' would be cleared and there is need to educate people in view of thoughtless opposition to such marriages and ruthless aftermath which follows in the form of honour killing or social ostracisation,"</b> the court said.
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Need to think about this.
BTW anyone know what was Rajendra Prasad's objections to the HMAct that he wanted to resign?
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->No legal issue in same-gotra marriages, rules court
Staff Reporter | New Delhi
<b>Rejecting the age-old Hindu tradition, which prohibits marriage between two individuals of the same 'gotra' (ancestral lineage), a city court on Thursday said that such tradition does not hold any importance in modern times and the statue does not bar such a relationship.</b>
The court's observations came in connection with a bail plea of Narender, a resident of Sangam Vihar in South Delhi, who married his lover from the same 'gotra.' Allowing Narender's bail plea, Additional Sessions <b>Judge</b> Kamini Lau, <b>directed the police not to arrest him over a police complaint </b>filed by the girl's family. <b>"It is evident that the law does not prohibit a 'swagotra' marriage and hence there is no reason why not two individuals who are in love and are not within the prohibited degree of relationship, cannot be allowed to marry and live happily as man and wife," </b>ASJ Lau said. <b>The tradition denouncing such marriages was instituted for the purposes of invocation and rituals and later extended to marriage only on account of genetic reasons for 'maintaining hybrid vigour,' the court said.</b>
Narender had eloped with his neighbour after falling in love and married her following stiff opposition to their relationship being 'swagotra'. Later, the girl's parents lodged an FIR in Sangam Vihar police station accusing Narender of inducing and kidnapping their daughter. During the arguments on bail, Ganpat Ram, father of the girl sought annulment of marriage claiming that he was facing social ostracism for 'swagotra' marriage and it would be very difficult for him to find good matches for his other children.
Rejecting the defence's argument, <b>ASJ</b> Lau said, "<b>The Hindu Marriage Act which abrogates and modifies all the past laws and has made marriage now strictly adult and monogamous, has done away with the caste and 'gotra' restriction." </b>The court's clarification of the legal propositions with regard to social opposition to 'swagotra' marriages came while deciding an anticipatory bail application of a youth who had been accused of kidnapping and marrying a girl, belonging to the same 'gotra'.
According to the Hindu tradition, a boy and a girl of the same 'gotra' (ancestral lineage) cannot marry as such relationship is termed as 'incest'. <b>"It is time that certain misconception about 'swagotra marriage' would be cleared and there is need to educate people in view of thoughtless opposition to such marriages and ruthless aftermath which follows in the form of honour killing or social ostracisation,"</b> the court said.
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Need to think about this.
BTW anyone know what was Rajendra Prasad's objections to the HMAct that he wanted to resign?