http://timesofindia.indiatimes.com/India/Will-govt-act-fast-to-stop-khap-terror/articleshow/6128240.cms
Will govt act fast to stop khap terror?
Dhananjay Mahapatra, Jul 5, 2010, 12.18am IST
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
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