Professional Documents
Culture Documents
Marriage
Marriage is one of the deepest and most complex involvements of human relationships.
It is very necessary part of the Indian social system, involves the social sanction, generally in the
form of a civil or/and religious ceremony, authorizing two persons of socio economic relations.
Views on marriage
Marriage is an institution in which men and women are admitted to family life, to live in
the intimate personal relationship primary for the purpose of begetting and rearing
children.
Marriage is not for sense of enjoyment, but to perpetuate the race.
Marriage is a social duty towards the family and the community.
Among Hindus, ‗Marriage is a Sanskara (tradition) and a religious sacrament, not a
contract. It is a holy union of the two souls and not simply of two bodies, for the
performance of religious rights. It is an indissoluble bond which could be broken only by
death‘.
According to Muslims, ‗Marriage‘ is an institution ordained for the protection of society,
so that human beings may guard themselves from foulness and unchastity. ‗Marriage‘ is
not a sacrament but a civil contract which promotes a normal family life and the
legalization of children‘.
According to Christians, ‗Marriage‘ is a voluntary union of life of one man and one
woman to the exclusion of others.
Purposes of marriage
Make sexual intercourse legitimate, restraining it within bounds, consistent with the
perpetuation of the species.
Experience the joy of setting up new home, sex, birth and rearing of children, new
relationship to each other and to community.
Fulfill the desire for security, accumulation of property, education of children, and
provision for old age.
Gratify the desire for recognition of the individual status in the family and for personal
achievement.
Escape from unpleasant home conditions and perpetuation of family name.
Biological, emotional, social and spiritual fulfillment and development, which can‘t be
achieved in isolation.
Goals of Marriage
5) Marriage is a sacrament:
Marriage is considered as supernatural as well as natural
The entire married life of the couple is elevated to this super natural level.
Grace is imparted throughout married life.
Functions of marriage:
1) Need Gratification
Biological needs: Biological needs for food, clothing and shelter one possible only
through personal relationships of family life. Sexual gratification of partners is also one
of the distinctive functions of marriage. Perpetuating the race is one of the biological
needs.
Psychological needs: Are also will be satisfied through personal relations. Need of
belongingness, companionship, recreation security as a member of the family, there by
getting economic support are some of the psychological needs to be satisfied through
marriage.
2) Social control: Because marriage satisfies both biological and psychological needs, the
morality and ethics of the society is safeguarded. The culture of the society is
safeguarded through maintenance system, the family safeguards the religious sanctities. It
provides education to the children and makes them useful members of the society.
Ancient forms
According to Manu Smiriti, the laws of Manu or Manava Dharma Shastra, there existed eight
main forms of Hindu marriages in ancient India:
1) Brahma Marriage: In this type of marriage, the girl‘s father himself invited a Veda
learned and pious man and gave him his highly dressed and bejeweled daughter in the
marriage solemnized by a Brahmin.
2) Daiva Marriage: In this type of marriage, the girl‘s father gifted her properly dressed
and bejeweled daughter to a priest as dakshina (fees) for officiating over a sacrifice.
3) Arsha Marriage: Marriage in which the girl‘s father gave away his daughter, according
to the rule, in exchange of a pair of cattle or two cows given by the bridegroom, for the
fulfillment of the sacred law.
4) Prajapatya Marriage: Marriage in which the bridegroom was duly worshipped and
married to the bride by her father with due honor and words of blessings "May both of
you perform together your duties". Besides this, no marriage ceremonies were performed.
5) Asuras Marriage: Marriage in which the bridegroom received a maiden, after bestowing
as much wealth as he can afford, to the kinsmen and to the bride herself, according to his
own will.
6) Gandharva Marriage: Marriage in which there is voluntary union of a girl with a man
in solitude when both of them were in love. In this form of marriage, neither the consent
of the parents nor the rites of dowry was essential. Only the will of the marrying parties
was given importance. This marriage was believed to spring from desire and had sex
satisfaction as its chief purpose.
7) Rakshasa Marriage: It was marriage by capture or abduction that is without obtaining
the consent of the girl or her parents. The maiden was captured or abducted from her
home after her kinsmen have been slain or wounded and their houses broken open.
8) Pisaka Marriage: It was marriage by seduction, stealing or fraud. The girl was sexually
violated while she was asleep or intoxicated or unconscious or mentally disturbed and
later given her the social status of a wife.
Various forms of marriage coexist in the present Indian society on the basis of following
classifications:
According to the party who selects mate there are two types of marriage viz.
Strict Monogamy: In this type of marriage, a person is married only once in his or
her life that is a person has only one spouse per lifetime. It means the divorcee or
widow/widower don‘t remarry.
Serial Monogamy: In this type of marriage, a person may have several spouses over
life time but only one at a given period of time. This is also called as ‗modified
polygamy‘.
There are also several specialised types of monogamous marriages that involve cousins viz.
Unique Features of Monogamy: There are several reasons which make monogamy, the ideal
form of marriage. Those are:
Polygamy: In this type of marriage a man/woman marries more than one woman/man at a given
time. In other words, a person marries more than one spouse of the opposite sex. Polygamy is
reported to be of two types that is :
i) Polygyny: In this type of marriage, a man marries more than one woman (wife) at a
given time. Polygyny is further of two types:
Sororal Polygyny: It is a type of marriage in which a man is simultaneously married to
one or more of his wife‘s sisters. The most common form is a man marrying the eldest
sister first then eventually marrying her younger sisters. It is usually observed among the
Naga, Gond, Baiga, Bhil and Toda communities of India.
Sororate: The Latin word ‗Soror‘ stands for ―Sister‖. It refers to the marriage where a
man marries the sister of his dead or barren (inability to bear children) wife.
ii) Non-Sororal Polgyny: It is a type of marriage in which wives are not related as
sisters. Islam approves of non-sororal polgyny. A Muslim man can have as many as
four living wives at a time, provided that they all are treated as equals. In Hindu
Mythology, it is seen in Ramayana. Father of Ram, King Dasharath, had three wives.
Today Hindu Marriage Act, 1955, has legally prohibited polygyny among all those who are
governed by it. Still, certain communities like Muslims and other tribes have the liberty to
practice it. There are numerous factors like biological, ecological, cultural etc. that have led to
the emergence or prevalence of polygynous marriage among few tribes and communities of
India. Those are:
In the primitive societies, high male mortality from warfare, feuding, occupational
accident and disease led to an imbalance of females outnumbering males. Since, the rate
of male mortality was high; it was not possible to allow some women to remain
unmarried. Every woman was required to procreate children. Thus, this system suited
those societies, not only because of the excess of women over men, but also because it
strengthened them numerically.
In some societies man is prohibited to have sexual relation with his wife while she is
menstruating, pregnant or breast feeding. This form of lengthy abstinence from sex with
wife creates the need for second marriage.
The barrenness of wife or inability to produce son for salvation was also one of the main
reason for going for subsequent marriages.
In some societies number of women a man possesses or the size of the family he has is
the index of social prestige.
In certain societies man requires to marry more women to get help in agriculture work
and to protect their property. It is a means to get cheap and reliable labour in the form of
wives and children.
Certain prevailing customs like levirate also forces the widow of elder brother to marry
the younger brother even if he is married.
The belief that one should procreate a son to attain salvation or to provide him support in
the old age is declining.
Low income and desire to maintain high standard of living makes it difficult to afford
more than one wife and children from each wife.
It conflicts with the numerical equality of the sexes; female sense of proprietorship;
dignity and general welfare of the wife and best interests of the offspring.
Economic and social independence of females has made them refuse man‘s dominance
over them in the form of polygyny.
Polyandry
In this type of marriage one woman marries more than one man (husband) at a given time.
Polyandry is even less common than polygyny. Polyandry is also of two types:
i) Fraternal Polyandry: It is also called as ‘Adelphic polyandry’. In this a woman is
married to a group of brothers. The children are treated as the offspring of the eldest
brother regardless of who the biological father is. This type of marriage usually
occurs in the Himalayan areas of Nepal and Tibet. Fraternal polyandry is prevalent
among the Todas of Nilgiri Hills, Iravans and Kammala caste of Malabar in Kerala.
In Hindu mythology, it is found among the five brothers called Pandavas.
Levirate: It is a specialized version of fraternal polyandry where a man marries the
widow of his dead brother. Levirate is the derivative of Latin word ‗Levir‘ which means
‗Husband‘s Brother‘. It is popularly known as devar vivah. This practice helped maintain
and reinforce family connections and alliances created by marriages. The form prevails
among the Ahirs of Haryana, some Jats and Gujars and some other castes of U.P.
ii) Non- Fraternal Polyandry: In this, all the husbands of a woman are not necessarily
brothers. The woman lives with her different husbands in turns. While she lives with
one husband, others have no right or claim over her. If a child is born, any husband
can be chosen as the child‘s social parent through a special ritual. This type of
marriage is practiced among Nair of Kerala & Tibetians.
Just like polygyny, Hindu Marriage Act, 1955, has legally prohibited polyandry among all those
who are governed by it. Still, certain communities and tribes have the liberty to practice it. There
are various biological, ecological and cultural factors that are responsible for the origin and
prevalence of polyandry in certain communities and tribes of India. Those factors are:
A difficult economy, especially an unfertile soil, which does not favour division of land
and belongings and makes maintenance of individual wives difficult;
Scarce environmental resources or scarcity of food supply, which made it compulsory to
limit human population growth and enhance child survival;
Desire to let family property stay within the family for generations and distribute work
within family (especially in fraternal polyandry);
Desire to preserve the unity and solidarity of the sibling group (in fraternal polyandry);
It allows one of the husbands to be away for work like commercial or military journey
from months to years at a time without disrupting the family;
It also provides economic security for the wife when one of her husband dies;
Scarcity of women in the society due to female infanticide and appropriation of many
women by polygamous chiefs and strong men in a tribe.
Polyandry is often practiced due to poverty and heavy bride price.
Besides, legal prohibition, polyandry practice is seen to decline because of the following
reasons:
The paternity of the children practically remains uncertain.
It finds an insuperable barrier in male jealousy and in the male sense of proprietorship;
It is directly opposed to the welfare of the husband, wife and children, and fatal to the
fecundity of the race.
Polyfidelity (also sometimes called Polyexclusivity) means the marriage of two or more women
with two or more men. Here, the husbands are common husbands and wives are common wives
and they all together form a single family unit and all members of the marriage share parental
responsibility for any children arising from the marriage that is children are regarded as the
children of the entire group as a whole.
The rule of endogamy was followed in early society and is still being practiced since:
It encourages group affiliation and bonding;
It encourages or maintains the group solidarity and ensures greater control over group
resources.
It serves as a form of self-segregation, that is: it helps a community to resist integrating
and completely merging with surrounding populations. It helps minorities to survive as
distinct communities over a long time, in societies with other practices and beliefs;
It makes marital and family adjustment easier due to the familiarity with caste‘s values
and norms;
It checks decrease in the membership or strength of the castes.
Education has liberated the minds of people and they evaluate a person on the basis of
individual traits and values rather than caste and believe in national and global solidarity.
In the highly competitive and progressive world, individuals are finding it very difficult
to find a marriage partner exclusively from their endogamous group.
Good numbers of individuals are going for love marriage in which the rule of endogamy
does not prevail.
2) Exogamous: A marriage in which an individual follows the rule of exogamy and marries
outside the gotra and sapinda relationships.
1) Hypergamous (anuloma): A marriage in which a boy follows the rule of hypergamy and
marries a girl from the sub-caste lower to him and vice versa.
2) Hypogamous (pratiloma): According to the rule of hypogamy, man belonging to the
lower sub caste marries the girl belonging to the higher sub caste. In ancient scriptures, it
is also given thatpratiloma marriages, whereby a girl is married to a boy from a lower
caste sub-caste, was condemned.
3) Homogamous: Homogamy refers to marriage between the partners who resemble
themselves in certain ways. In present day, homogamy is one of the most common
criteria for mate selection among the youth.
According to sociologists, the rule of hypergamy or hypogamy was followed to fix permanently
a social hierarchy in which the ascendancy of the Brahmin over Kshatryias and higher subcastes
over lower subcastes was categorically asserted.
The reasons for decline in prevalence of hypergamy and hypogamy in India are the sum
collective of reasons behind decline of exogamy and endogamy in India.
Role Theory
Value theory
Exchange theory
Complementary Needs Theory
Sequential Theories
Family
A family is a group and person united by the ties of marriage, blood or adoption constituting a
common household, interacting and inters communicating with each other in their respective
social role of husband and wife, mother and father, son and daughter, brother and sister, creating
and maintaining a common culture.
Characteristics of Family
The family experiences are continuous and persistent: Family exerts a continuous and
considerable influence upon the child. The family is the only agency which gives the
child a stable relationship, through which is graces and thrives. Real security is found
only in the fly.
The family is the Major Agent for transmitting culture: The culture of the society is
transmitted to the child by the family. The taboos, customs beliefs. Followers are passed
on to him by the adult members of the family children generally reflect their parents
culture.
Family conditioning has a special Emotional Quality: The family environment
profoundly influences character formation in the child. Family environment is the most
conducive for his free expression. Most of his psychological and physical needs are
satisfied in the family.
The family has a status: Each child, as he enters into this would get his identification
only from his family, is association with its part history and present status. Members of
the family are bound together in a complex unity, built upon their sentiment
interdependence. Each family member is important to another and identifies with one
another. Any distinction to any family member raises the status of the whole family.
Family is an area of interacting personalities: The family provides the stage to develop
and utilize the child‘s abilities. It establishes the first approving audience. The family is
the place where the individual gets a warm welcome at all stages of his life, is comforted
and soothed during difficult periods by the lore warmth and affection of the members.
The family passes on Ideas and Ideals: - society controls the behavior of individuals
through the families. Each family has its own ideas and ideals. Although the ideas which
shape behavior, may be common for all the families. The ideals are not. The ideals are
handed down in each family by the previous generations taking a changed for is each
consequent generation. What was considered as the ideal form of management in
grandfather‘s time may not be considered ideal in the modern family.
Every family has its own Heirlooms: As institutions preserve their converted certificate.
Tropics and awards each family has its own heirlooms – grandfather‘s photographs old
cards. Some unique jewellery utensil and soon. Each family takes pride in preserving
these heirlooms. However worm out they may be.
It has forms: though family is a universal institution. Its structures or forms not only
from one society to another. But also from one classes to another within the same society.
Alternate family forms like single parent families, women headed families, childless families and
adoptive families have always been in existence in all societies. The other terms used for
alternative family forms include Non traditional families, Variant family forms (variation of the
norm), Alternative family forms and Alternate family patterns.
The most commonly used and accepted term is alternate family pattern in the result of personal
circumstances. Outside ones control (fertility) or from certain socio economic conditions (male
migration, work participation of women). In such circumstances people are forced to adopt
family patterns that suit their conditions.
Single parent families are the most commonly found alternate family forms throughout the
world. It is defines as the family in which the children reside with one parent who should take
the major responsibility for the upcoming. In such families either the mother or the father is
absent due to the following reasons:
Permanent / temporary
Physical / psychological
Because single parent families are mainly headed by women they are also referred to as female
headed families.
The term female headed family is generally used for those families where women are heads for
those families where women are heads of the families by virtue of their main earner status. The
groups of women included are – widowed, divorced, abandoned, separated and single mothers;
women whose husbands have migrated for employment and women whose husbands are not
economic providers due to unemployment and health. About 8% of all family units are single
headed families and 80% of the single headed families are established due to widowhood and
more than 70% of single parents are women.
In dual earner families both the husband and wife work outside the family for better economic
status. Various socio economic factors are responsible for the growing incidence of dual earner
families. A dual earner family is defined as that family where both the husband and wife are
simultaneously employed in fulltime, paid jobs outside their home.
Family dynamics in dual earner families: Women‘s working status did not change her status at
home but her involvement has improved in decision making.
3) Adoptive families:
The adoptive family is created by the state rather than by procreation. The family comes into
existence by socio legal process rather than through biological process. In this type of family
formation couples are infertile or unable to bear children due to various reasons and adopt a child
or children of known or unknown background.
Adoption: is a process where by a person assumes the parenting for another, who is not kin and
in doing, so permanently transfers all rights and responsibilities from the original parent or
parents.
CARA (Central Adoption Resource Agency): The purpose of CARA is to ensure that every
orphan, destitute and surrendered child has a loving and caring family. It currently comes under
the purview of the Ministry of Women and Child Development. CARA was established in 1990
under the Ministry of Welfare. It became an autonomous body in 1999 by registering it under the
Societies Registration Act, 1860. After the passing of the Juvenile Act, 2000 and its Amendment
2006, CARA was transferred to the MIVCD. In India, a child can be placed with a family under
the Hindu Adoption and Maintenance Act 1956, Guardians and Wards Act, 1890 and Juvenile
Justice Act, 2000.
Types of Adoption:
i) Open adoption:
Child can access the records relating to her adoption.
The birth mother can also have access to the child even after adoption.
She is allowed to visit the child, communicate with her
Birth mother does not have any physical contact with the child after adoption.
She may continue to receive letters and photographs of the child either directly or through
the adoption agency she registered with until the child reaches adulthood.
An adoption process, in which there is no contact between mother and the adoptive
parents neither before nor after adoption.
4) Childless families:
Parenthood may now be considered a matter of choice owing to widespread use of birth control.
If men and women want to have children, they can decide when to have them. The term childless
is often replaced by child-free in recent articles and discussions of marriage. This change in
terminology reflects a shift of values in our culture.
Couples who do not choose to have children need no longer be viewed as lacking something. It is
considered essential for personal fulfillment. Women who choose to be child-free are generally
well educated and career oriented.
Although the partners in some child-free marriage have never felt that they wanted to have
children, for most the decision seems to have been gradual.
1) The couple decides to postpone children for a definite time period (until he/she gets a
degree/promotion & so on).
2) When the time period expires, they decide to postpone children indefinitely (until they ―feel
like it‖).
3) They increasingly appreciate the positive advantages of being child-free.
4) The decision is made final, generally by the sterilization of one or both partners.
Reasons:
Freedom from child-care responsibility and greater opportunity for self fulfillment
More satisfactory marital relationship
Wife career considerations
Monetary advantages
Concern about population growth
General dislike of the children
Early socialization experiences and doubts about parenting ability
Concern about physical aspects of childbirth
Concern for children in present world conditions
It has also been observed that divorce is more probable in child-free marriages, because unlike
some other unhappily married couples, the child-free couple do not stay together ―for the sake of
the children‖.
FAMILY WELFARE
The national family welfare programme was launched in 1951-1952 as national family planning
prog. India was the first one to do so. It is 100% centrally sponsored prog. The ministry of health
& family welfare is responsible for this prog.
In 1977 the govt. of India redesigned the ―National family planning program‖ as the
―National family welfare program.‖
Also changed the name of the Ministry of health & family planning to Ministry of health
& family welfare.
History
• Early Development:-
(i) The second 5 Year plan (1956 to 1961) the ―Clinic approach‖ was adopted. Large no. of
family planning clinic was opened.
(ii) The 3rd year plan (1961 to 1966) emphatic recognition was given to family planning.
(iii) In 1960 the NFWP entered a new technological era with introduction of the Lippi‘s loop
later replaced by copper T.
• Later development:-
(ii) IUD insertion at the rate of 20/1000 urban & 10/1000 rural
(iii) Integration with maternal & child welfare, immunization, nutrition & non formal
education.
Objective:
To destabilize the population at the level of some 130 million by the year 2050 AD
through small family norms.
Aim:
To achieve a higher end that is to improve the quality of the life of the people.
Concept: The term ―family welfare is in much broader in scope then ―Family planning‖. The
concept of welfare is basically related to ―quality of life‖. It includes:
• Employment
• Education
• Safe drinking water
• Family planning
• Women‘s welfare
1. Administration & organization: - This includes appointing the employee & arranging the
resources
(a) The scope of scope of activities carried out under family welfare prog.
The reproductive & child health program was formally launched by Gov. of India on 15th Oct
1977. As per recommendation of International conference on population & development held in
Cario in 1994.
Objectives:-
(1) To promote the health of the mothers & children to ensure safe motherhood & child
survival.
• Child Survival
Components:
• Family planning
1. Natural Method
c) Cervical Mucosa
(d) Sympto thermal method
(c) Diaphragm
(d) Spermicidal
(f) Sponge
h) Skin patch
i) Vaginal ring
j) Injection
k) Implant
(a) Vasectomy:-
(c) Tubectomy
Family Disorganization
Family:-
A family is group of two or more people that are related by blood, marriage (registered or
de facto) adoption, step or fostering & who usually live together in the same household.
It may be associated with parental overburdening or loss of significant others who served
as role models for children or support systems for family members.
Causes:-
• Lack of privacy
• Unemployment
• Conflict
• Poor discipline
• Abuse
To improve the family disorganization, it is necessary to learn three R’s: rules, roles and
rights.
PARENT EDUCATION
It can be defined as any deliberate effort to help parents be more effective in caring for children.
2. Love withdrawal – In which parents show disapproval for behavior that displeases them.
It may include ignoring, shaming or isolating the child, the use of love withdrawal shows mixed
results in its effects on children.
3. Induction – It includes reasoning with children & helping them understand the effects of
their behaviour or on others.
1. P.E.T (Parent Effectiveness training) is based on the Gordon model by Thomas Gorden.
Dr. Gordan taught the first P.E.T. Course in 1962.
P.E.T. is neither authoritarian nor permissive, both of which are win-lose approaches to parent –
child.
Skills are:
• Active listening
• I-Massage
• No- lose conflict Resolution
• Behavior window
Positive Parenting:-
Parenting is the process of promoting & supporting the physical, emotional, social & intellectual
development of a child from infancy to adulthood.
Community Education
The aim of community education is to equip communities with the skills they need to undertake
the activates they wish to undertake it is essentially about educating communities or groups, not
just individuals.
Adult & Communication Education (ACE) is a response to the life long learning needs of
the community.
Features are:-
• It is learner- Centered
• It is for everyone
Principles bases on
• Empowerment
• Participation
• Inclusion, equality of opportunity & anti- discrimination
• Self – denervation
• Partnership
• Self –determination
• Self-help
• Leadership Development
• Localization
• Inclusiveness
• Responsiveness
Parenting Styles:
1) Authoritarian Parenting
Authoritarian parents are often thought of as disciplinarians.
They use a strict discipline style with little negotiation possible. Punishment is common.
Communication is mostly one way: from parent to child. Rules usually are not explained.
Parents with this style are typically less nurturing.
Expectations are high with limited flexibility.
3) Uninvolved Parenting
Uninvolved parents give children a lot of freedom and generally stay out of their way.
Some parents may make a conscious decision to parent in this way, while others are less
interested in parenting or unsure of what to do.
No particular discipline style is utilized. An uninvolved parent lets a child mostly do what
he wants, probably out of a lack of information or caring.
Communication is limited.
This group of parents offers little nurturing.
There are few or no expectations of children.
4) Authoritative Parenting
Authoritative parents are reasonable and nurturing, and set high, clear expectations. Children
with parents who demonstrate this style tend to be self-disciplined and think for themselves. This
style is thought to be most beneficial to children.
Parenting practices:
According to this act marriage is valid only when it fulfills the following conditions otherwise it
is considered as void.
Child Marriage Restraint Amendment Act (1976): This act was proposed in 1929. This act
raises the age of marriage for girls from 15 to 18 years and for boys 18 to 21 years. Parents of the
children performing, conducting or directing such marriage are subjected to punishment.
Special Marriage Act (1954)
The special marriage act with its provision for divorce and succession to property was passed in
1872. The parties marrying under this act are required to declare that they did not believe in
religion in which they were born. Since most of them were not prepared to do so the law was
amended in 1923.
Neither party must at the time of marriage have a husband or a wife living.
The man must have reached the age of 21 years and women that of 18 years.
Neither party should be an idiot or lunatic.
The parties are not within any degree of prohibited relationship.
Under this act any property valuable thing given or agreed to be given in connection with
marriage to the bride or bridegroom or any other person before at any time person before or at
any time after the marriage is dowry. This act was amended in 1984 to make the offence
cognizable to enhance the penalty (both fine and imprisonment) to widen the scope of the act and
to make it effective. This act was further amended in 1986 and the minimum punishment for
taking of dowry has been raised to 5 years and a fine Rs.15, 000/- .
This act provides that the natural guardian for both boys and girls is first then father and after
him mother. The prior right of the mother is recognized only with respect to custody in the case
of children below 5 years.
This act provides equal rights for women to obtain divorce on the following grounds.
Adultery
Change religion
Lunacy
Incurable diseases
If the husband has more than one wife living
If the husband deserted the wife for 7 years
If the girl is married before the age of 18 years
If the husband is impotent.
But however in this act divorce is given only after completion of one year from the marriage
date.
It amends and codifies the laws relating to adoption and maintenance among Hindus.
Any Hindu male or female who is major or single can adopt Hindu children below the
age of 15 years.
A married female cannot adopt
A married male can adopt with the consent of his wife
If the adopter and adoptee are of different sexes, there should be an age difference of 21
years between the two
Section 9 enjoins the court to consider the wishes of the child to be adopted before
granting permission
A Muslim marriage is void only if a prohibited relationship is discovered. A Muslim man can
divorce his wife without going to court. Muslim women can divorce her husband if he has earlier
delegated such powers to her or she pays him some consideration.
The Dissolution of Muslim Marriage Act (1939)
A women married under Muslim law can obtain a decree for dissolution of marriage on any one
or more of the following grounds.
Rights of children:
Children‘s rights were recognized after the 1st World war, with the adoption of the Declaration
of Geneva, in 1924. The process of recognition of children‘s rights continued thanks to the UN,
with the adoption of the Declaration of children‘s rights in 1959.
The recognition of the child‘s interest and his rights become real on 20 November 1989 with the
adoption of the International Convention on the Rights of the Child which is the first
international legally binding text recognizing all the fundamental rights of the child.
1) Right to Survival:
• Right to be born
• Right to minimum standards of food, shelter and clothing
• Right to health care, to safe drinking water, nutritious food, a clean and safe environment, and
information to help them stay healthy
2) Right to Protection:
3) Right to Participation:
• Right to information
• Right to participate in any decision making that involves him/her directly or indirectly
4) Right to Development:
• Right to education
• Right to learn
• Right to relax and play
Rights of Women
The rights available to woman in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the
various provisions of the constitution. The legal rights, on the other hand, are those which are
provided in the various laws (acts) of the Parliament and the State Legislatures.
1) The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2) The state is empowered to make any special provision for women. In other words, this
provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3) No citizen shall be discriminated against or be ineligible for any employment or office
under the state on the ground of sex [Article 16(2)].
4) Traffic in human beings and forced labour are prohibited [Article 23(1)].
5) The state to secure for men and women equally the right to an adequate means of
livelihood [Article 39(a)].
6) The state to secure equal pay for equal work for both Indian men and women [Article
39(d)].
7) The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)].
8) The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].
9) It shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women [Article 51-A(e)].
10) One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].
11) One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
12) One-third of the total number of seats to be filled by direct election in every Municipality
shall be reserved for women [Article 243-T(3)].
13) The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].