Make Pre-Marital Counselling Mandatory Before Registration of Marriage: Plea Filed In Supreme Court
(Judicial Quest News Network)
A PIL has been filed before Apex Court seeking directions to the Central government, States and Union Territories to frame a policy that prescribes all the States/UTs to make “Pre-marital Counselling” mandatory for registration of marriages in the country.
Petitioner organization is moving the instant petition to elucidate the dire need to bring about a policy that prescribes all the States/UTs to make Pre-Marital Counselling mandatory.
The Plea is filed though Advocate on Record Jose Abraham.
In today’s times when divorces are increasing at an alarming rate in the country, there is a dire need for addressing issues that make couples take the decision to separate.
It is been seen that couples, especially young couples within a few years of marriage are deciding to take divorce on grounds that may seem quite flimsy and easily resolvable.
There are reports regarding rate of divorce increasing manifold times during the pandemic, primarily due to spending increased time at home in view of Covid-19 and the consequent lockdown, restriction on movement and work from home norms.
The petitioner has contended that this plea is filed after thoroughly going through the report published in National Crime Bureau of Records (NCRB) which contains those marital problems have driven thousands of people to commit suicide from 2016- 2020, an average about 20 people daily.
The petitioners contends that there has been an increase in divorce cases it is been seen that couples, especially young couples within a few years of marriage are deciding to take divorce on grounds that may seem quite flimsy and easily resolvable. There are reports regarding rate of divorce increasing manifold times during the pandemic, primarily due to spending increased time at home in view of Covid-19 and the consequent lockdown, restriction on movement and work from home norms.
The plea further states that National Child Development Council a leading National Organisation for the welfare of Children & Child education in India while writing a letter to law Minister states as under.
“A Pre-marital counselling has become a need like never before because now day’s children listen less to their parents and relatives. We are living in times when youngsters look for advice for people with expertise. Hence, the role of counsellors is of utmost importance like never before. A pre-marital counselling programme would offer that much needed guidance to assist couples in evaluating their readiness to enter into marriage with great understanding and certainty. There is a need to design a premarital course which takes into account practical realities of life and aims to mentally strengthen a soon to be bride and a groom. The course should be one which explains a prospective couple about the challenges that face in marital life and how it should be dealt with in a mature way. The message of supporting the spouse during thick and thin of life is one that should be underlined.”
It is submitted that mainly the issued pertains to the welfare of the one single unit called family. It can also be equated with Article 21 and the right of a child to live in a peaceful and healthy atmosphere
Article 39 of the Constitution directs the State to ensure that Children’s childhood remains protected from against any form of exploitation and against any sort of moral and material abandonment.
A pre-marital counselling programme would offer that much needed guidance to assist couples in evaluating their readiness to enter into marriage with great understanding and certainty.
There is a need to design a premarital course which takes into account practical realities of life and aims to mentally strengthen a soon to be bride and a groom.
The course should be one which explains a prospective couple about the challenges that face in marital life and how it should be dealt with in a mature way. The message of supporting the spouse during thick and thin of life is one that should be underlined.
Many Women Commissions have openly supported this pre-marital counselling concept in recent past and it is also relevant to mention that seeing the effectiveness and necessity of pre-marital counselling some religious groups/denominations have already made pre- marital counselling mandatory before marriage for their members. It may not be out of place to mention herein that Goa recently decided to formulate a policy which makes pre- marital counselling mandatory.
