WILL THE Supreme Court’s recent verdict, which states that girls over 18 have a right to elope, be a blow to Indian culture? Will it result in increase of runaway marriages or help lovers to stay together legally? These are some mute questions being talked about everywhere in the country.

 

“It is a blow to our strong Indian traditions”, says Asha, mother of 18-year old girl. The law will in fact eat our rich and strong traditions”, she added. But Natasha, her daughter who will just be completing 18 next year, differs by saying, “when we have right to vote, why we should be deprived of choosing partner of our choice and live happily”.

 

SC’s recent decision to legalize elopement has, understandably, raked up a storm with both parents decrying the verdict while some lawyers, academicians backing it whole heartedly. It may be mentioned the apex court, through a verdict last month, gave a legal status to elopement with a caveat that both the girl and the boy should have crossed the legal age of marriage. The court granted bail to Cauverappa from Karnataka, who was sentenced one-year jail by the high court on a complaint of the parents of the girl with whom he had eloped.

 

The bench comprising Justices Markandey Katju and CK Thakker had said, “There is nothing wrong in a girl eloping to get married according to her choice if she has attained 18 years, the legal age for marriage”.

 

The apex court order has sent out a warning to all parents with daughters of marriageable age. It also said that the parents cannot threaten, coerce or keep their daughters in illegal confinement who have crossed 18 years of age. Cauverappa’s plea before the apex court was that the girl, who was 19 years old, had gone with him willingly and hence, it could not be a case of abduction.

 

Prof Nishi Pandey, Dean, Students Welfare, Lucknow University questioned the arguments and concern put forth by parents saying, “Don’t we come from a society that earlier backed traditions like Swayamvar. In fact with this ruling the apex court had not only reiterated the fact that a girl above the age of 18 was considered to be of marriageable age, which was otherwise losing its credibility. I would rather uphold the decision by lovers who choose to stay together, Dr Pandey said.

 

However, Rakesh Agarwal, a businessman, asked that do you think that a girl, though 18, is mature enough mentally to take the right decision when it comes to choosing her life partner.

 

Padam Kirti a senior lawyer in Lucknow family court, however, had a different opinion and said, you cannot generalize the issue of elopement. It has both the aspect, like it may promote runaway marriages but at the same time you can not ignore the level of maturity each individual possesses these days. You have to attend a case on merit basis taking into account all the aspect and ascertain whether it is a genuine case or case of abduction in real sense”, Kirti pointed out.  

 

The SC verdict might avert tragedies between couples and families like in the Rizwanur case, who marry beyond race, caste and religion, he said. The Principal of Seth MR Jaipuria School, P Arvindakshan, found nothing wrong in the apex court order but maintained that it was always better if kids convinced their parents for marriage than decide to run away. The law would also help couples from fighting anti-social elements who are against inter-caste or inter-religion marriages, he opined.

 

A sociologist with the Lucknow university however remarked that today’s education and knowledge is just sufficient for present day youth to do what they want to do, whether a law exists or not.

 

Whatever may be the impact of the apex court’s order but a senior civil lawyer Arvind Gupta said, “ Parents who still oppose, threaten or beat their wards for taking such a step, may now be booked for contempt of court”.