Jaya Jaitley committee

  • To examine the Minimum age of marriage for women.
  • Correlation of age of marriage and motherhood.
    • with health, medical well-being, nutritional status of the mother and child, etc.

 

 

Age of majority

  • It is the threshold of adulthood as recognized by the law. It is gender-neutral.
  • At this age, minors cease to be considered such.
  • Indian Majority Act, 1875: age of majority is 18 years.
  • Minors assume legal control over their persons, actions, and decisions.
  • It terminates the control and legal responsibilities of their parents or guardian over them.
  • The minimum age of marriage is distinct from the age of majority.

 

 

Age of consent

  • It is the age at which a person is considered to be legally competent to consent to sexual acts.
  • An adult, who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual.
  • Such sexual activity may be considered child sexual abuse or statutory rape.

 

 

Hindu women’s inheritance rights

  • A Hindu woman’s right to be a joint heir to the ancestral property is by birth and does not depend on whether her father was alive or not when the law was enacted in 2005. – Supreme Court

  • Hindu woman’s right to be on terms equal to male heirs.

Background

  • Prakash v Phulwati case (2015): benefit of the 2005 amendment could be granted only to “living daughters of living coparceners” as on September 9, 2005.
  • In 2018, contrary to the 2015 ruling, Court held that
    • The share of a father who died in 2001 will also pass to his daughters as coparceners during the partition of the property as per the 2005 law.
  • In 2018, again, the Court reiterated the 2015 position.

 

 

Coparcener

  • a person who shares equally with others in the inheritance of an undivided estate or in the rights to it.
  • As per the Hindu Succession Act, 1956, any individual born in a Hindu Undivided Family (HUF) becomes a coparcener by birth.