The latest law commission report released recently in India, have evoked a mixed reaction among the public and the legal fraternity as well.
The significant recommendation and a welcome feature is the change sought to be effected in the Hindu Succession Act, 1955.Accordingly, in section 8,considering the successors of a male dying intestate, the disparity between sex and in a way an anamoly is sought to be removed.While mother is included as a class I legal heir, the father was left in the class II, which is a clear anomoly.And to remove the disparity,father is also recommended to be included as the class I legal heir to the deceased male dying intestate.It is a most welcome change and is a clear forward step in the right direction.
Another major recommendation made by the Law Commission is the lowering the age of bridegroom to be eligible for marriage is 18 from 21 at par with the age of a bride eligible for marriage as 18. Perhaps the decision was based on removing the existing anamoly and disparity between sex .
The Law Commission’s recommendation as far as the lowering of the age of the bridegroom to 18 at par with bride is definitely a retrograde step.The law commission has not applied its mind and took into account our social conditions in India and above all the number of the Indian Population into account.The Indian population is already has risen to alarming proportions and threatens us to overtake China by 2010.
Under the circumstances stated above, the age of the bride ought to have been raised from 18 to 21 and that of the bridegroom from 21 to 23.After all the law is man-made and it is meant for the welfare of the people and in their larger interests.