Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
that of men and the same
opportunities to exercise
that capacity. In particular,
they shall give women equal
rights to conclude contracts
and to administer property
and shall treat them equally
in all stages of procedure in
courts and tribunals.
3. States Parties agree that
all contracts and all other
private instruments of any
kind with a legal effect which
is directed at restricting the
legal capacity of women
shall be deemed null and
void.
4. States Parties shall accord
to men and women the same
rights with regard to the law
relating to the movement of
persons and the freedom to
choose their residence and
domicile.2
Article 16:
1.
72
State Parties shall take
1.
Citizenship Act, 1955:
a) S. 3: U/s 3(1)(c)(ii), citizenship is granted at birth to a child
if either parent is an Indian citizen and the other is not an illegal
migrant.8
b)
S. 4: Citizenship by Descent 9
c) S. 5(1)(d): Citizenship by registration to minor children of
persons who are citizens of India.
d) S. 5(1)(c): Citizenship by registration: A person who is married
to a citizen of India and is ordinarily resident in India for seven
years before making an application for registration;10
2.
The Citizenship (Amendment) Act, 2019:
a) S. 2: Proviso added to the original section thereby removed
the illegal immigrant status of persons belonging to certain
communities for the purposes of this Act.11
3.
The Citizenship Rules, 1956:
Rule 17, Form XII Form of application for naturalisation mentions
only the ‘father’s name’ in respect of such minors that are
registered under Section 5(1)(d).12
4.
Hindu Marriage Act, 1955:
a) Section 5- Provides the conditions for a Hindu marriage
between two Hindus, including the age of marriage i.e. the
bridegroom has completed the age of twenty-one years and the
bride, the age of eighteen years, at the time of the marriage;13
b)
Section 7- A Hindu marriage may be solemnized in
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
R2: The age for the bride and
bridegroom should be the
same, as recommended by
the Law Commission Report
No. 205. The NHRC has also
recommended for fixing
the same age of bride and
bridegroom. 18
G3: Although some of
the legislations related to
marriage have put minimum
age of the bride and
bridegroom as a condition for
marriage but no legislation
has specified that if the
condition for the age of
marriage has not been met,
the marriage would be illegal
or void ab initio. [CEDAW A.
16(2)]
R3: In compliance with
Article 16 (2) of CEDAW,
the marriages which do not
adhere to the prescribed
age of marriage should
be declared illegal in all