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(Guest)

Nata pratha of rajasthan

I want to know about Nata pratha that is prevailed in Rajasthan.Can anyone please ellaborate what actually it is and what is its legal status?



Learning

 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

try googling.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Tajobsindia (Senior Partner )     16 December 2011

@ Author


If your que. popped after being influenced by "reel life" pervading your "real forum life" seeing few episodes of Balika Vadhu and Anandi's dramatics in the sitcom there, then be it known legally as follows;


1.
It is a "customary" form of marriage. And any customary form of marriage which can be proved to be as in customary practice till date under challenge if any, then same enjoys Constitutional validity.


2. The custom of the Nata marriage still prevalent in some of the Scheduled Caste community at some parts of western Rajasthan just requires the following two essential ceremonies as customary practice of Nata community to prove the valid marriage that's it:-

(a) that the husband should take a pitcher full of water from the head of the prospective wife, and

(b) that the wife should wear chura by the husband.



To sum up Nata pratha (customs) enjoys legal sanctity in the eyes of Law as 'customary practice of a particular community."



3.
Hon'ble Apex Court has no. of times since 1965, 1966, 1973 and as late as 1979 said the same what I quote here.




Now a (painful) trademark t
ake on your thread post:
 What the sitcom producers failed in re. sitcom to highlight more that the distorted version of Nata Pratha in past few episodes is "orphaning of children” by the same widow / now wife and I remember Narayan Sewa Sansthan in Udaipur heads a foundation dedicated to providing such customs orphaned children "care and welfare" and their Sewa has stood the times of customs and modernity in times of distorted TV serials. Nata Marriage highlighted recently in re. TV serial is old news for legal professionals like me as in our beliefs children are future citizens of this country who needs more safeguard from such customary practices than a Nata widowed wife being tossed from one Nata community husband to another in the name of her re-marriage (I mean a lady should be married and this is not a comment on the lady per se), after all she can survive being adult but what about the breast feeding children she leaves behind from her previous marriage as the children are never part of her second marriage and producers of such serials will never bring that practice into heighlight - after all what is news if bahu and saas not there in a sitcom!



Further, Apex Court till date has decided few cases of Nata community marriages vis-à-vis bigamy laws (S. 494 IPC) and defined S. 17 HMA in exact order but I must add the first wives in all these decided cases forgot to mention the second wife’s children’s future and I find this more selfish of a wife (mother) in the name of ‘customary marriage” that evils of customs and traditions brings to debate.



Could the author may now think of that evil too which a women of this community commits more than her re-marriage and will Anandi who is now sarpanch in the TV serial decide judiciously ?????

 

 

Now think – think - think………..lady.........

1 Like

(Guest)

Thanks Tajobsindia.Yes I heard for the first time in Valika Badhu.

And surprised to see the tearful story.

Thanks Shonee Sir.


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