of five or more persons," or "carrying things capable of being used as weapons." This
p o w r , it is asserted, can even be exercised by a non-commissioned officer if he "is
of the opinion that it is necessary to do so for the maintenance of public order.' The
representations received by the Commission have urged that. these powers are
susceptible to grave misuse, that they constitute an unreasonable and oppressive
procedure and are, in themselves, unconstitutional. The representations refer to a
number of instances in which these powers were allegedly abused.
In the light of these circumstances, the Commission has taken a decision to
4.4
seek to be impleaded in the proceedings before the Supreme Court and to assist the
Court by placing the Commission's views'before it on this issue.
As it would be helpful to have a free and frank exchange of views with eminent
4.5
jurists, senior officers of the armed forces, the ministries and State Governments
concerned and of others who can shed light on the constitutional and legal matters
involved, the Commission scheduled a Session far a discussion on this subject on 13
May, 1997.
(C)
CHILD MARRIAGE RESTRAINT ACT, 1929
Following a detailed analysis of the Child Marriage Restraint Act, 1929 and after
discussions with the National Commission for Women and the Department of Women
and Child Development, it had been recommended that early action be taken on a Draft
Marriage Bill proposed jointly by the National Commission for Women and the
Department of Women and'child Development.
4.6
The Central Government, however, in its "Action Taken Memorandumuon the
last Annual Report of the Cornrnission,.statedthat 'no further legislative measures are
contemplated at present in this regard Government is of the view that it is only through
socia! and economic upliftnof certain sections of society "that the practice can be better
eradicated.' The Central Government further argued that it would be inappropriate to
introduce any form of legislation requiring the compulsory registration of marriages
since this would impinge on personal laws and that, in any case, the Child Marriage
Restraint Act was being administered by the State Governments through their machinery. "No legislative action for giving effect to the recommendation (of the Commission)
is contemplated." In good measure, the 'Action Taken Memorandum" concluded 'it
was, therefore, considered inappropriate to accept the recommendations of the
Commission."
4.7
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