Saturday, February 16, 2019

Why Marriage Bureaus are Required In India?

When state is interfering in the post-marital life of the citizens by enacting various laws to regulate their lives, why the government shouldn't intervene in the pre-marital lives of citizens?

When Law-making (Legislature), Law-executing (Government) and Law-adjudicating (Courts) bodies are protecting the women by enacting strong Anti-Rape laws and by involving themselves in the personal lives of the citizens by enacting, executing and adjudicating the laws pertaining to their Family/Post-Matrimonial lives as regulatory bodies at different levels, why all the three bodies of the state, are not reckoning it as their responsibility to interfere in the pre-matrimonial lives of the people also, to avert after marriage nuisances and after marriage and family disputes. Such as by performing the marriages for men and women by formulating certain guidelins by starting “GOVERNMENT MARRIAGE BUREAUS” to perform the marriages at right-time for healthy growth of the society and to regulate/control the cheating marriages and also to avoid the post-matrimonial disputes in the traditional societies like India.

Mind-blowing discussions and deliberations have been held on at National and Local level media again and again on the Rape issues every day displaying anti-Rape play cards in one or other parts of the country, and ultimately stringent anti-rape law has been achieved. Instead of wasting time again and again on only one issue, the media big-wigs and social activists and government and legal pundits must sit together and discuss on how to set right and protect the perverting the Indian Family and Matrimonial System, instead of searching for and enacting strange Matrimonial laws that will further endanger the Indian Family and Matrimonial system. The confusing and dilemmatic values and culture infused into the society by electronic media and by legalizing and preaching traditional matrimonial vaules as lip-service, is creating a kind of chaos and panic on the minds of prospective brides and grooms on the consequences of getting married under this endangered Matrimonial system with biased family and matrimonial legislations not relevant to the contemporary life styles, behaviour and attitudes of men and women. The higher courts in this country on umpteen times have pointed out the misuse of certain matrimonial laws which have drastically raised the number of divorcees/separated, in the country and also the number of singles in the country. That means the negative side of matrimonial related or women protection laws have been contributing for more and more divorcees/saparations of brides and grooms in this country instead of protecting the family system, as these legislations are intervening only in the “Post-Matrimonial lives” of the citizens, without imposing “Pre-Marital Obligations”. Thereby most of the marriges in India are ending in failures.

On seeing this kind of horrible matrimonial situations and disputes prevelant in the society and consequences arising there out of it, the prospective Brides and Grooms are getting scared to marry and number of women and men are not getting married even if they crossed their fourties of age, due to the negative impact created by the way of execution of women protection laws, on their minds especially for unmarried men. Honestly and unbiasedly speaking women protection matrimonial laws are subjecting the husband and his family members to initial and later harassments but not the wife and her family members. In Pre-independence days there were no Matrimonial Laws, so the Familiy and Matrimonial System in India survived strongly for long-time, but it is only after enactment of women related Matrimonial Laws with negative perspective and conferment of negative rights, families are getting collapsed and in every day experience we are observing them. The negative perspectives on institution of marriage and family life would further widen, if the Women laws are further made with negative perceptive thinking that they are meant for protecting women, that resultes in Men prefer to remain as Bachelors and satisfy their biological needs by giving money to certain sections of women available in the hotels or in clubs and resorts and avoid marriages to fall in the soup and to regret later by facing court or police cases filed by the wives and their relatives.

This kind of peculiar and dangerous situation has arisen because the State is intervening to regulate/control the POST-MARITAL lives of the People but not intervening in the PRE-MARITAL lives of people with PRE-MARITAL LEGISLATIONS to deal with the various aspects pertaining to Pre-Matrimonial lives of the people. The three bodies of the State never thought of making any kind of Ordenances or enactments or rules and regulations pertaining to PRE-MATRIMONIAL CODITIONS for the prospective Brides and Grooms to filter out the incompatible Brides and Grooms entering into matrimonial relations. If such Legal Pre-Matrimonial Conditions or Questionnars or Rules are framed (as in the “PRE-MATRIMONIAL (Prevention of after Marriage Nuisances) QUESTIONNAIRS) by the Governments the marriages will be conditioned, as such Rules and Regulations or Questionnairs will scrutinize the compatibility, behaviour, life styles, attitudes, opinions and desires of the Brides (girls/women) and Grooms (boys/men) at Pre-Engagement and Pre-marriage stages it self.

All the duties and responsibilities pertaining to Pre-Matrimonial Legislations, must be entrusted to the GOVERNMENT MATRIMONIAL BUREAUS who should deal with the task of enrolling the prospective Brides and Grooms details in their Exchanges, and they will be asked to fill up PRE-MATRIMONIAL (Prevention of Post-Marriage Nuisances) QUESTIONNAIRS as per the Pre-Matrimonial Act, so that it will be binding on both the parties and it can not be challenged in the court of law. Such exchanges will promote and encourage the unmarried brides and grooms to marry to lead the healthy married life by regulating their behaviour and conditioning their minds through Pre-Matrimonial Questionnairs, and that in consequence results in avoiding filing false Dowry Harassment, Domestic Violence, Maintenance, Judicial Saparation and Divorce cases. Dowry and other valuable considerations and demands would be checked and both side parties would be conditioned by the Matrimonial Exchange Officers. Such kind of Government Matrimonial Exchanges also give incentives and recommends those who married through them for promotions and if an Employed Women marries and Unemployed Man and an Employed Man marries an Unemployed Women, and promote inter-caste marriages, Love marriages by fixing them in a frame-work through various written Undertakings and Affidavits. So that, all kinds of backgrounds, oral assurances and false promises made prior to marriage by each other could be checked. So if any violations and disputes arise after the marriage the Matrimonial Exchange will resolve the issue and parents and other family members will not be implicated in the false cases, as parents’ responsibility/duty would be assumed by the state itself. Those Exchanges would also play a pivotal role in providing government employment to such brides and grooms on seniority basis, so that marriage and employement could be found at one place but on the condition that every employed bride should marry unemployed groom or every employed groom must marry an unemployed groom, so that the welfare of the children could be looked after by one of the spouses by managing the home.

Marriages done through Government Matrimonial Exchanges would be authenticated by the government as genuine marriages and they must be made eligible for various benefits from the government. The duping promises and assurances made by each other, could be regulated by the Matrimonial exchanges. And the violators of the conditions agreed to before the Exchange will forefeight their right to approach the Court. And this will in no way violate the fundamental rights of the people because the welfare of Family and Matrimonial institution as a whole is paramount than claiming the rights for selfish ends.

In fact it is a widly debatable issue further from various quarters. But the government must invariably intervene in the Pre-Marital lives of the people by making Pre-Marital Rules and Regulations, instead of putting law into motion only in the Post-Matrimonial stages in the lives of the people. Otherwise if this is not possible, and sounds idealistic, the Law must entirely withdraw itself from every aspect of Matrimonial lives of the People, so that disputes will be resolved by the concerned families before the local bigwigs and among the relatives’ circles, so that the burden on the Courts and Police could be greatly reduced. By dchaitanya

About the Writer

dchaitanya is a writer for BrooWaha. For more information, visit the writer's website.
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