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

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