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Procedure for succession after the demise of the head of the family

The mode of succession can be testamentary, i.e. vide ‘will’, or non-testamentary, i.e. “without will’. The passing of property in succession varies with respect to religion, nature of family and presences of lineal descendants. Law regulates the mode, quantity and division of property to be succeeded. First, you need to understand how property undergoes succession under different circumstances and basis and statute regulating the same.

Anu Bhuvanachandran

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Early trend of joint family system was diminished from its core presence and superseded by the nuclear family system with the sudden merge of globalization and modernization in the Indian society. Irrespective of the nature of family there is a designation called the head of the family, may be male or female with whom the vested and absolute rights with regard to ancestral property and self acquired property.

The mode of succession can be testamentary i.e. vide “WILL” or non testamentary i.e. “WITHOUT WILL”. The passing of property in succession varies with respect to religion, nature of family and presences of lineal descendants. Law regulates the mode, quantity and division of property to be succeeded. First, you need to understand how property undergoes succession under different circumstances and basis and statute regulating the same.

Death without Making a WILL

Death without making a will includes the circumstances where there is total absence of will, incapability of executor of the will, incapability of the will to function and if the property is transferred for any illegal purpose as said under the law for the time being. Hindu Succession Act 1956 regulates Hindu, Sikh, Jain and Buddhist. Indian Succession Act regulates Christians, Parsi and Jew. Whereas Muslims are regulated under Muslim Personal Law Application Act, 1937; the interfaith marriages are governed under the Special Marriage Act, 1954.

For Hindus

In case of testamentary succession, the division of property will be based on the WILL and is regulated by respective above said laws. If a Hindu male or female dies, the heir ship is divided into five categories, namely Class I heirs, Class II heirs, agnates, cognates and government. Class I heirs include husband or wife, mother and children. As far as Class II heirs are concerned, the property can be inherited to father, brother, sister, children of sons and daughters. Agnate means relationship with deceased and the heir wholly through male descendants. Cognate means relationship between deceased and heirs through blood or adoption but not wholly through males. With respect to priority it is “Class I heirs> Class II heirs > Agnates > Cognates > Government”. With the amendment of section 6 of the Hindu Succession Act 1956 in 2005, the male and female is entitled to equal rights and liabilities and the division of shares will be done same.

For Christians

Under the Indian Succession Act, 1925 there is no difference between deceased person’s relatives of father’s and mother’s side. There is no concept of full blood and half blood and also a born child and unborn child in the womb. It entails equal rights of inheritance. Application of succession to Christian female is bestowed through the landmark case of Mary Roy v. Union of India.

For Muslims

Under the Muslim Personal Law (Sheriat) Application Act, 1937, the law is the amalgamation of four sources of Islam i.e. the Holy Quran, Sunnah i.e. the practice of the Prophet, Ijma i.e. learned men’s consensus on decision on a particular factor and Qiya is the decision taken in line with the laid down principles of God. Under this succession there is no differentiation in share of rights and division of property between men and women. This law contains two other laws that are the Sunni and the Shiah law by which former goes for per capita distribution of property whereas the latter goes for per strip distribution of property. Per capita signifies total estate will be distributed equally among the heirs and per strip indicates the inheritance of strip the belong to. As like Hindu law, if the deceased has no heirs then the property shall go to government.

A Muslim widow without child inherits one-fourth of the movable property and one-eighth of the immovable property of her deceased husband. Step children have given no share of rights from step parents but they can inherit from stepbrother or step sister.

Irrespective of the religion, there will be a head(s) that will be holding the inherited property and self acquired property till their death. There is no law which describes the administrative procedure that shall be followed to transfer and inherit the property after the demise of the said head(s). Here are some inevitable documents without which we cannot transfer or convert the self acquired or immovable or movable property of the deceased. The procedure for the same differs from region to region and from state to state.

 Death Certificate

 It is the only document which proves conclusively the demise of a person on said date due to said reason. It is issued by the hospital or clinic which confirms the death of the person. The certificate plays exceptional role in closing or modification of bank accounts and transfer of money in the bank account in the form of bonds, fixed deposits, recurring deposits; transfer of shares in a company; modification of government documents and inheritance.

Legal Heir-ship Certificate

Legal heir certificate is a document that establishes the relationship between the deceased and legal heirs. The certificate can be obtained by furnishing death certificate of the deceased before concerned corporation or municipality. The purpose of this certificate comes on the sudden demise of the family member or the head of the family. However this certificate cannot be used to claim insurance, employee benefits, property registration and so on. The certificate is never a conclusive proof as per the Indian law. The certificate can be obtained by parents, children, siblings or spouse of the deceased.

Nominee

 Nominee is a person whose name is given by another person to deal and inherit the monetary subjects such as insurance policy, bank accounts fixed deposits etc after the demise or inability to function himself by the latter. The latter is commonly known as the account holder. The account can be in a bank, co-operative society or even share/ stock enterprises.

These are the three elements that are essentially required to inherit properties both immovable and monetary after the demise of the person.

What to do with deceased person’s bank accounts?

The general rule is that after the date of demise of the account holder, there shall not be any transaction made from that account. If any person including legal heir draws any amount after the demise, the person will have to deposit money back to the account. If the bank feels any suspicion it is free to conduct any inquiry on the same. As per RBI rules, after the demise of the account holder the amount shall be transferred or inherited to the nominee imputed by the account holder in his statement. If there is no nominee, the amount will be divided equally and given to all legal heirs. If there is a situation of any dispute with regard to legal heirs or the subject matter, the same shall be decided by a civil court of appropriate jurisdiction. The same is applicable in co-operative societies and other financial institutions collecting deposits.

This can be administered only when an application made along with death certificate of the deceased account holder. There are variations in procedure in different regions and states but such procedures strictly stick to the Reserve Bank of India rules.

Nominee versus Legal Heir

The rights of nominee on the balance in the deceased depositor’s bank account supersede the right to inherit by a legal heir. That is, if nominee is a third party, the balance deposits of all form will be transferred to him/her.

Inheritance of Stock

The stock inherited to the legal heir on the event of death of original holder is called inherited stock. On inheritance the cost will step into the value of security at the date of inheritance. The tax on inherited stock is not applicable in our country.

 So, what about Property Inheritance?

In case of joint undivided property, your rights will be already mentioned in the deed. Hence the legal heirs shall go to court or Revenue Department Officer or any other authority capable to do partition of property with the death certificate and legal heir certificate. If the joint property is divided and there is no dispute as to division of land, the right can be transferred by a village officer or any other concerned authority.

Land Tax?

In order to transfer/ inherit the duty of payment of land tax, the legal heir has to approach the concerned Taluk Office with the death certificate of the deceased and legal heir certificate along with an application for the same to the concerned officer. Taluk office will then revert to the village office after changing the thandaper or pattadar. Irrespective of the remittance of tax by the deceased, the legal heir shall remit the tax to imprint his/her name in the tax receipt.

 What happens with NRI?

 In a regular fashion NRI assets are inherited by creation will, whereas in the absence the legal heir shall approach Indian Courts to obtain succession certificate. The major documents to be produced in the court include death certificate of the deceased and birth certificate of the legal heir or the successor. In case, the deceased has written a WILL, then the successor for Probate in the concerned civil court. If the deceased has not appointed an executor, there comes the requirement of Letter of Administration through which the beneficiaries are given all the rights of the executor. It is obtained from a court of competent jurisdiction. The NRI successor can inherit from another NRI or Person of Indian Origin by adhering to the permission from RBI if the succession is to a foreign state citizen. The NRI can inherit from another NRI in case of repatriation by submitting proof of inheritance and amount shall be less than 1 million USD.

Concluding Remarks

As already said, the structure of procedure to be followed for succession and transfer of movable and immovable property is the same across India but there are variations in the masculine part of the procedure, which vary with respect to regions and states. Considering this I have dealt the topic in general perspective. In India there is a huge bundle of administrative and legal formalities. The best way to tackle this dilemma is to engage a tax practitioner, a lawyer and a person from concerned municipality; so that they are well versed with dealing the same and your work will be completed in a short span of time.

Adv. Anu Bhuvanachandran is Partner, Outsay Legal. She practices at the Delhi High Court.

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Policy & Politics

Rewiring Brain: Neuroplasticity 

Researches reveal that learning any new language enhances brain’s functioning with respect to memory, attention, emotions, creative thinking skills and ability to multitask as it works on the grey as well as the white matter of the brain.

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INTRODUCTION

Until recently it was believed that our brains are hard-wired, just like computer or any other such equipment thus can never undergo changes and one has to remain with the type of brain he is born with. But researches show that the brain has the power to change itself. This idea of changes in brain’s function as well structure is termed as neuroplasticity. Earlier the Neuroscientists hold that neuroplasticity manifests in childhood only the research done in later half of the 20th century revealed that several aspects of brain can undergo alterations even in the adulthood. Moreover neuroplasticity insists don’t hold your brain as your in charge on contrary consider yourself as the in charge of your brain.

Rewiring your brain might sound complicated, but this is something very easy that can be done at home. Yes so here are some ways that would certainly help you to change the entire scene-

Play games- Yes, playing games is beneficial. Different games yield different benefits. Such as puzzle games improves brain connectivity, boosts problem solving while 3D adventurous games tends to improve memory, problem solving and scene recognition. Rhythm games like dance can help to improve the visuospatial memory as well as attention of the individual. Thus playing games can do miracles. Point to keep in mind that these effects emerge after about 16 hours of gameplay. But that shouldn’t be played at once.

Learning new Language- Researches reveal that learning any new language enhances brain’s functioning with respect to memory, attention, emotions, creative thinking skills and ability to multitask as it works on the grey as well as the white matter of the brain.

Music Therapy- A research from 2017 shows that music when combined with dance, gaming, exercise etc. helps in improving neuroplasticity. People associated with music have better focus and attention, better motor coordination and better visual perception.

Travel- if you enjoy traveling then there is one more reason to love traveling. It enhances cognitive flexibility, nourishes creativity and broadens world general view.

Enjoy relaxing moments- Take a break from work and give some time to brain for rest. This rest improves the creativity, helps to find out new solutions to the prevailing problems.

Meditation- Meditational practices strengthens the neural connections. Regular practice leads to good brain health, sustained focus and slackening mental stress. Calm brains have the power to hold overwhelming emotions and guards individual against unproductive worries.

Video Games- Playing video games undoubtedly harms our eyes and is being criticized for few problems associated to it but still it has various cognitive benefits such as motor coordination, spatial navigation, decision making, reasoning and resilience.

CONCLUSION

Psychologists as well as other experts use to stress that no changes are expected in brain after a certain point of age. But now this view has been discarded. As they now know that all this is possible at any point of age in entire lifespan.

All that one requires is just some time, dedication and patience. All the suggested activities may look quite simple but have huge impact.

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Policy & Politics

Marriage can be registered through video conference: Special Marriage Act

The court also batted for a common marriage law so as to shift everything online to make registration of marriage and divorce easier in tune with evolving technology.

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With the technological advancement, marriages can be registered under Special Marriage Act (SMA) 1954 through video conferencing said by Kerala High Court (Dhanya Martin V State of Kerala).

The observation was given by the two judges bench (Divisionbench) comprises of Justices A. Muhamed Mustaque and Kauser Edappagath. The observation was given while hearing the sets of petitions filed by person looking to solemnize their marriages under the Special Marriage Act through video conferencing.

The cases were referred by the single judge bench before the Division bench on 25th August, 2021. The Court held that it was only concern the way of identification of parties for the online registration of marriage and it is inclined to allow the matter. There is no difficulty to hold that in the era of technological advancement, marriage can also be registered without physical presence of the parties before the marriage officer. Therefore, marriage officer must be in a position to identify the parties through online video conference. The way to conduct such type of identification online has to be discussed.

The Court added that the parties have recommended two methods of identification. First method is the physical presence of the parties before the commission; if they are living abroad. Second method is the modern gadgets for identifying the parties with reference to facial recognition and biometric identifications.

STATEMENT OF ASG

The Court also informed the R Suvin Menon; Assistant Solicitor General (ASG) that it would needed the Union Government help in framing a mechanism that would permit usage of modern data and technology for this purpose. The ASG raised the concerns regarding the misuse of data and limitations on usage of facial recognition even in criminal prosecutions, the Court states that such concerned can be addressed but positive purposes for technology must be encouraged.

The Court said that the technology must have some restrictions against a person, but also can be used for the interest of individual. We can maximise the positive aspects and limits the negative one. The Court high lightened the importance of ease of setting up of uniform marriage law for the online registration and divorce.

The Bench said that court should switch everything online. This is the only reason for the requirement of common marriage law. Every marriage should be compulsory registered either private or personal. The marriage should be covered under the public law. In the modern technology, people can’t still bank on the physical method of marriage registration.

Public Prosecutor appearing for the Kerala government Gopi Nathan opposed and said that there is no provision under Special Marriage Act to register marriages before solemnisation before a marriage officer. In view of the Information Technology Act, no such type of provision is needed said by the Court. The provisions of the IT Act, especially Sections 4, 5 and 6, are read into all relevant present statutes.

OBSERVATION

In the case of State of Maharashtra V Paful B Desai, the Supreme Court held that evidence could now be recorded by means of video conferencing. It means that victim or witness can reported their statement through online video conferencing.

The Bench said that court should switch everything online. This is the only reason for the requirement of common marriage law. Every marriage should be compulsory registered either private or personal. The marriage should be covered under the public law. In the modern technology, people can’t still bank on the physical method of marriage registration.

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Policy & Politics

All-time high exports of engineering goods in August suggest pandemic may be behind us: EEPC India chairman

Tarun Nangia

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Reflecting strong demand from its key markets, engineering goods exports to 24 out of 25 top nations recorded positive growth in August, 2021 blowing past its previous monthly record of US$ 9.13 billion in July.

Unlike the previous months, exports to China registered the second largest export destination witnessing positive monthly growth in August 2021. Shipments to China rose 15% in August to reach US$ 613.3 million as compared to US$ 531.3 million in the same month last year.

Malaysia was the only country which saw a negative trend in import of engineering goods from India.

The US continued to be on top of the chart with August import of engineering goods from India growing 42% to US$ 1.3 billion as compared to US$ 916.5 million in the same month last year.

All the European countries for India’s top 25 engineering export destinations – Italy, Germany, Turkey, Belgium, UK, Poland, Spain and France recorded high positive growth during August as well as on a cumulative basis this fiscal.

The share of India’s engineering exports to its top 25 nations accounted for 76.8% of India’s total engineering exports in April-August 2021. This significant high share is indicative of the dependence of India’s engineering export on the traditional markets.

India’s engineering exports was at its all-time monthly high for the second straight month in August. The robust performance of the sector resulted in the share of engineering goods in total merchandise exports during the previous month rising significantly.

Share of engineering in total merchandise export was 27.68% in August 2021 as against 25.82% in July, 27.19% in June, 25.44% in May, 24.83% in April 2021 and 25.36 percent in March 2021.

“In the month of August, engineering goods exports recorded more than 40% growth even when compared with the same month in 2019. It now seems that the pandemic is behind us. We are positively hopeful that as a result of a turnaround in global trade and policy support the sector would do better than expected in the full financial year,” said EEPC India Chairman Mr Mahesh Desai.

“The annual target of US$ 107 billion looks very doable even though the achievement till August fell a bit short of the target when calculated on a pro-rata basis,” he said.

During April-August period of 2021-22, India’s engineering exports have fallen short of the target set by about US$ 1.82 billion calculated on a pro-rata basis achieving 40% of the target against 42% of desired level for the full year.

Engineering exports crossed US$ 9 billion mark consecutively for the second time after the month of July, reaching an all-time high of US$ 9.21 billion in August.

Cumulative engineering exports during April-August 2021-22 stood at US$ 42.91 billion registering 66.18% growth over the shipments of April-August 2020-21 at US$ 25.82 billion.

Out of 33 engineering panels or product groups, 29 panels witnessed positive growth in exports and remaining four panels witnessed negative export growth during August 2021 vis-à-vis August 2020.

Exports of iron and steel recorded a continuous growth to the extent of 142% in August 2021 compared to the same period last year. In case of non-ferrous metals, sectors like Zinc and products exhibited negative growth in exports to the extent of 26% during the month of August 2021 vis-a-vis August 2020. All the remaining segments showed positive growth.

All the seven panels under Industrial machinery exhibited positive growth in August 2021 which led the total industrial machinery panel increase by 39% during August 2021.

Electrical Machinery and equipment which is a major engineering exporting sector for India experienced a growth in exports both monthly and on cumulative basis increasing to the extent of 26.8% from US$ 692.9 million in August 2020 to US$ 878.4 million in August 2021.

The automobile sector (combination of Two and Three wheelers and Motor vehicles and Cars) recorded consecutive massive jumps in exports to the extent of 57.5% primarily due to sharp jump in exports of Two and Three Wheelers by 72.4% and Motor Vehicles by 52.5% during August 2021.

Exports of Aircrafts and Spacecraft parts and products recorded 12.8% negative monthly growth while ‘Ship, Boats and Floating Bodies’ exhibited a monthly decline of 21.7%.

“The government has relentlessly supported the industry and we hope that the two key issues of high raw material prices and container shortage would also be looked into. The industry is awaiting proper rates under RoDTEP,” said EEPC India Chairman.

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Policy & Politics

Centre provides a massive relief to the exporters

The government releases Rs 56,027 crore under various Export Promotion Schemes.

Tarun Nangia

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The Government of India has decided to budget Rs 56,027 crore in this Financial Year FY 21-22 itself in order to disburse all pending export incentives due to exporters. This amount includes claims relating to MEIS, SEIS, RoSL, RoSCTL, other scrip based schemes relating to earlier policies and the remission support for RoDTEP and RoSCTL for exports made in the 4th quarter of FY 20-21. Benefits would be disbursed to more than 45,000 exporters, out of which about 98% are small exporters in the MSME category.

The amount of Rs 56,027 crores of arrears is for different export promotion and remission schemes: MEIS (Rs 33,010 crore), SEIS (Rs 10,002 crore), RoSCTL (Rs 5,286 cr), RoSL (Rs 330 crore), RoDTEP(Rs 2,568 crore), other legacy Schemes like Target Plus etc (Rs 4,831 crore). This amount is over and above duty remission amount of Rs 12,454 crore for the RoDTEP scheme and Rs 6,946 crore for RoSCTLscheme already announced for exports made in this year i.e. FY 2021-22.

Exports in India have seen robust growth in recent months. Merchandise exports for April-August, 2021 was nearly $164 billion, which is an increase of 67% over 2020-21 and 23% over 2019-20. This decision to clear all pending export incentives within this financial year, will lead to even more rapid export growth in coming months.

For merchandise exports, all sectors covered under MEIS, such as Pharmaceuticals, Iron and steel, Engineering, Chemicals, Fisheries, Agriculture and allied Sectors, Auto and Auto Components would be able to claim benefits for exports made in earlier years. Benefits would help such sectors to maintain cash flows and meet export demand in international market, which is recovering fast this financial year.

Service sector exporters, including those in the travel, tourism and hospitality segments will be able to claim SEIS benefits for FY 2019-2020, for which Rs 2,061 crore has been provisioned. The SEIS for FY 2019-20 with certain revisions in service categories and rates is being notified. This support would have a multiplier effect and spur employment generation.

The apparel sector, which is a major labour-intensive sector, would get past arrears under ROSCTL and ROSL, and all stakeholders in the interconnected supply chains would be strengthened to meet the festive season demand in international markets.

Export claims relating to earlier years will need to be filed by the exporters by 31st December 2021 beyond which they will become time barred. The Online IT portal will be enabled shortly to accept MEIS and other scrip based applications and would be integrated with a robust mechanism set up by Ministry of Finance to monitor provisioning and disbursement of the export incentives under a budgetary framework.

A decision to clear all pending export incentives within this Financial Year itself despite other budgetary commitments arising out of the pandemic is with the objective of providing timely and crucial support to this vital pillar of Indian economy.

FIEO HAILS GOVERNMENT’S DECISION TO DISBURSE ALL PENDING EXPORT INCENTIVES TO EASE THE LIQUIDITY AT MOST CHALLENGING TIMES: DR SAKTHIVEL

Welcoming the government’s decision of budgeting an amount of Rs 56,027 crores to disburse all pending export incentives due to exporters as claims related to different export promotion and remission schemes including MEIS, SEIS, RoSL, RoSCTL, other scrip-based schemes relating to earlier policies and the remission support for RoDTEP and RoSCTL for exports made in the 4th quarter of FY 20-21, FIEO President, Dr A Sakthivel said that such a move will help the sector in meeting the liquidity concerns and maintaining cash flow of the exports sector thereby further facilitating in addressing the export demand in the international market.

Benefits to be disbursed to over 45,000 exporters, specially those from the MSME sector has come as a booster dose for them as it would help them to be able to complete their booked order more efficiently, said Dr Sakthivel. Thanking the Hon’ble Prime Minister, the Union Commerce & Industry and Textiles Minister and the Union Finance Minister, President, FIEO added that the decision will lead to an even more rapid growth in exports in coming months.

FIEO Chief said that support to Service sector exporters, including those in the travel, tourism and hospitality segments, with certain revisions in service categories and rates being notified will not only have a multiplier effect but will also help in employment generation. Incentivising major labour-intensive sectors and all the stakeholders including those from the supply chain will help in strengthening their endeavours to meet the festive season demand in the international market.

Such support and handholding to the sector during these challenging times, when the whole exporting community is showing their commitment and resilience to perform impressively has definitely given a boost to the government vision of achieving USD 400 billion exports for the fiscal. Dr Sakthivel said that these announcements has further infused confidence in exporters that the Government is working hand in hand with exporters as promised by our Hon’ble Prime Minister.

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Policy & Politics

Analysing a bill passed by Rajasthan Assembly that allows registration of child marriages

Surya Pratap

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“Unity is meaningless without the accompaniment of women. Education is fruitless without educated women and agitation is incomplete without the strength of women.”

— Dr BR Ambedkar

The opposition Bharatiya Janata Party (BJP) charged on September 17 that the Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021, which was passed by voice vote in the state Assembly to amend a 2009 Act on mandatory marriage registration within 30 days of the union, will legitimise child marriages.

Despite parliamentary affairs minister Shanti Kumar Dhariwaldefended the Bill by claiming that registering child marriage does not make it legitimate, the opposition staged a walkout. He also promised that anyone who organise child weddings, even after they have been registered, will face consequences.

JUDGMENT OF THE SC IN 2006

The minister further informed the House that the Supreme Court had ordered that all forms of weddings be registered in its 2006 decision in Seema vs Ashwini Kumar.

He claimed that registering child weddings does not legitimisethem, and that if a kid gets married, he or she will have the ability to dissolve the marriage once they reach adulthood.

WHAT DOES THE BILL STATE?

On 17 September, the Rajasthan Assembly passed the Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021, which changes the Rajasthan Compulsory Registration of Marriages Act, 2009, and requires parents or guardians to provide information on child marriages within 30 days after the wedding.

The Bharatiya Janata Party (BJP) questioned the need for child marriage registration and asked that the law be withdrawn. “How can they include child marriage in this Bill if child marriage is prohibited? All of this is done by Congress in order to create a vote bank.” If this measure passes, the assembly will have a bad day. Is it possible for the assembly to agree to legalise child marriages? We shall approve child weddings by a show of hands. The bill would write a dark chapter in the assembly’s history. Ashok, a BJP MLA.

WHAT DOES THE GOVERNMENT SAY?

Shanti Kumar Dhariwal, the Parliamentary Affairs Minister, defended the legislation, saying, “The bill makes no mention of the legality of child marriage. According to the bill, only registration is required after marriage. This is not to say that child marriage is legal. The district collector can still take action against underage marriages if he or she so desires.”

Dhariwal further stated that the legislation now allows for registration at the District Marriage Registration Officer, Additional District Marriage Registration Officer, and Block Marriage Registration Officer levels. These officers will be able to monitor and review the work of registration. This will make it easier for the general public to register. This will bring simplicity and transparency to the work. He further said that the marriage registration certificate was a legal document without which widows would be unable to benefit from numerous government programmes. According to him, any or both parties in a marriage will be entitled to file for marriage registration and get a certificate as a result of the mandatory registration.

MARRIAGES IN INDIA

Although no comprehensive data is available, estimates show that at least 1.5 million girls under the age of 18 marry each year in India, making it the country with the most child brides in the world, accounting for a third of the global total. While the percentage of females marrying before the age of 18 has decreased from 47% to 27% between 2005-2006 and 2015-2016, it is still too high.

Multiple reasons, including greater maternal literacy, improved access to education for girls, robust laws, and migration from rural to urban regions, may be contributing to the reduction. Among the reasons for the shift include increased rates of girls’ education, aggressive government investments in teenage girls, and strong public messaging about the illegality of child marriage and the harm it causes.

At the global level, child marriage is included in Goal 5 “Achieve gender equality and empower all women and girls” Under Target 5.3 “Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation”.

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Policy & Politics

Will we hand over a ruined world to our posterity?

The world engaged in the race for power has waged a relentless war against nature. If nature does not survive, we will not survive either.

Vijay Darda

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I was performing ‘Pratikraman’ (introspection) on the occasion of Paryushan Parva and felt that this festival embraces the entire environment. I was seeking forgiveness from all the creatures of water, land and sky. I was asking for forgiveness from human beings, I was asking for forgiveness from trees, birds, insects and moths and also from animals. While doing so, a question came up in my mind that while we worship the five elements, do we practise it meaningfully in day-to-day life? Why has man deliberately waged a war against the nature? Every loss of nature is our loss, then why are we hoisting with our own petard?

I am always in a state of contemplation about the environment and it worries me that the craving of the present generation of human beings is causing huge damage to the environment and we are not only suffering because of it, our children are suffering too. I don’t understand how much of a ruined world we will leave for the generations to come. Environment is the most important subject for me. There are many people like me who care about the environment but there is a large section that doesn’t care! This world is heading for destruction. We do not even think about how much carbon dioxide we are emitting even personally. When I look around myself, I am amazed. In my institution, my offices are visited by so many people. Some come by car and some by motorcycle. How much carbon is being emitted! This emission can be reduced if public modes of transport are available. If many people ride in a bus or train, the emissions per person will be less, but if one person is going by car then it is unfair.

When I used to look at the operation of machines in the printing press of my institution and the consumption of electricity in the offices, I used to think that this electricity is made from coal and how much carbon is being emitted from it. This concern turned us towards solar energy and we are using solar energy to print newspapers. Yes, we have to invest heavily for this, but we take comfort from the fact that we have taken steps towards environmental protection.

Actually every person will have to be concerned and many options will have to be adopted at the personal level. We can’t rely only on the government. Even our small efforts can be effective. Take, for example, the need to prevent food wastage. Statistics show that about 70 per cent of food grains and fruits are wasted. During the production of cereals and fruits, the electricity used in irrigation or the production of pesticides causes a lot of damage to the environment. What a benefit it would be if we could save grains and fruits from being wasted!

There have been many conferences on the environment under the banner of the United Nations. When the conference was held in Geneva, more than a hundred countries had agreed to save the environment. This resolution was also repeated in Rio de Janeiro and Paris. In 1994, it was decided that by the year 2000, carbon emissions in the world would be brought down to 1990 levels. In this task, developed countries will help developing countries financially and technologically. But what happened? The agreement was left in abeyance! Even in 2019, the then US President Trump broke the Paris Agreement on global warming. On the other hand, it blamed India, Russia and China that these countries are not doing anything and American money is being wasted. But the fact is that America is not even allowing the appointment of an inspector who audits carbon emissions in the world. Surely America has inflicted the maximum damage to the environment, so it should pay for it too. The compulsions of developing countries also have to be taken into account. If you work, a lot will go wrong but that doesn’t mean you should point your finger at it. Five, ten, fifteen or twenty per cent errors will occur but 80 per cent of good things will happen!

As of now, the situation is extremely worrisome. Forests are being annihilated. Rivers are drying up, the atmosphere is getting polluted, the ozone layer is getting thinner and mountains are getting washed away. Many animals have become extinct. Diseases are on the rise. It goes without saying that the destruction of the environment means the destruction of the human species! Can any of our government units today say that they are not harming the environment? We all have to find a way to get better because we have done this destruction! You will remember the period of lockdown when people were locked in their homes, the nature started becoming so wonderful. We may not impose a lockdown but change the behaviour! Just think, what kind of world will we leave for our posterity?

At present I am in Switzerland. There is no air pollution here. Rivers are flowing smooth and clear. The lakes are absolutely clean. There is an excellent system of disposal of medical waste. Trash is nowhere to be seen. I talked to the local people. They say this is our responsibility. If only this kind of thinking developed all over the world! Everyone should be concerned about the environment and think about how to make this world a beautiful place to live in!

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha. vijaydarda@lokmat.com

We are all engaged in the struggle of life. But on the issue of the environment, due to which we are enjoying our life, we do not see the same vigour. Man seems to be hell-bent on destroying the environment. Keep in mind that if the environment is not preserved and protected, human beings will not survive on the earth too!

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