Wedlock and Responsible Marriage
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Wedlock and Responsible Marriage
There is a saying that marriages are made in heaven. Meghalaya is a multi – cultural society of people professing different religions in the backdrop of a varied cultural background. However, marriage is a commonality of the cross sections of society performed according to the different rites and rituals, whether arranged or otherwise having the consent of parents of both the individuals, especially in Khasi society where a screening is made to ensure that the individuals are in no way related by blood as marriage within the same clan is considered taboo and an act of incest.
Khasi society is strictly governed by the clan system as each clan has its own specific origin and history, tracing the clan lineage right from the primordial ancestress known as Ka Iawbei and the patrilineal ancestor known as U Thawlang. Therefore there can be no marriage within the same clan coming down from the ancestral source of the clan, thus having a common bloodline.
However, the problem that arises from marriages mostly pertain to a certain family where a divorce takes place and usually the woman and her children remain unprotected, as the husband in most cases would no longer provide for his wife and children leaving them in a state of destitute. This has certainly become a major social problem, thus violating the human rights of a divorced woman.
It is therefore mainly in this context that the ruling member of the Meghalaya Legislative Assembly Ardent Basaiawmoit of the United Democratic Party, a partner of the Congress – led Meghalaya United Alliance, had brought about a Bill entitled ‘The Meghalaya Compulsory Registration of Marriage Bill – 2009’ in the winter session of the Assembly.
The House in a voice vote however did not favour the introduction of the Bill, following which, the Speaker had disallowed the introduction of the Bill. Many of the social and student organisations of the state had however supported the attempt of Ardent Basaiawmoit to bring about a semblance of order specially protecting the rights of women so as they do not become victims of marriage social abuse.
Taking a closer look at the Bill, the statement of objects and reasons pointed out that marriage is to be treated as an institution. Irrespective of cultural and religious backgrounds, great value has been given weightage to the solemnization of marriage between two individuals. It is therefore true that marriage ceremonies are conducted with dignity and solemnity in the different religious platforms whether it is Hindu, Muslim, Christian or the traditional religion of Niam Khasi – Niam Tre.
However, the Bill had pointed out the abuse of the institution of marriage. This abuse mainly being that either the wife or the husband would suddenly break up the marriage causing instability to the family, the home and the children, without any proper divorce regulations. The Bill therefore aimed at providing economic security especially for the destitute woman and her children. This is especially significant in Khasi culture where the clan title of the children of a Khasi couple is derived from the mother’s clan. The Bill therefore strongly suggested that a husband who deserts his wife and children should be responsible for the maintenance of the former.
The Bill also expresses concern about child marriages. It is commonly known that in other parts of India, child marriages are arranged by the parents themselves. However, in Meghalaya, child marriages are the direct result of under – age youth who elope without the knowledge or consent of the parents and relatives. This has caused one of the main problems in marriage as such couples are not mature enough to run or maintain a family, having no financial ability and the burden usually falls on the parents. Such child marriages also do not last long and are broken up in no time. The teenaged mother and her children are left in the lurch and it is very difficult for such a girl to support her children. It is therefore the responsibility of society itself to check child marriages, especially through education and counseling of their children. Child marriage is mainly an act of a sexual urge of the moment without any thought of the impending responsibilities. This has also led to several criminal acts such as murders and abortions, abandonment of babies just after birth.
One of the statements of objects and reasons of the marriage bill therefore mentions that there are incidents in the state where child marriages are performed, rampant and without any check. This is one form of the abuse of marriage. Further, the Bill also aimed at checking bigamy and polygamy and to help women exercise their rights of maintenance from a husband as custody of the children will enable the woman to claim their inheritance. At present, many of the women are left in the lurch to fend for themselves and the children after becoming single parents.
The Bill had strongly suggested compulsory registration of marriage. The Bill states – ‘Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, or any religious groups, all marriages solemnized in the state, shall be registered within sixty days of solemnization of marriage, in such a manner as may be prescribed’. It added that it shall be the responsibility of the husband and the wife to get their marriage registered with the designated authority.
The Bill has also suggested that marriage without registration be declared as null and void, and that failing to register the couple involved shall be liable for fine and penalty which may extend to rupees five thousand. These therefore are the main clauses of the Bill, which however needed more explicit detail, which is probably why the House did not introduce it at this stage. The Government has however given assurance that it will study the proposals of the Bill. It is imperative therefore that with the Bill moved by Ardent Basaiawmoit which is aimed at reforming the procedure of marriages and to get legal sanction according to law in the guidelines of the Bill, there is a need for inviting more suggestions from various sections of the society and a thorough study be made on the present status of marriages that take place in the state and that the opinion of religious bodies and political parties and also traditional administrative institutions be taken in tackling this social contract of marriage.
Sumar Sing Sawian.
