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Vikas Dharmendra (Consultant)     03 September 2009

Should marriages be privatized?

More and more people today or in futurewill choose not to get married, in part because of the onerous legal obligations that marriage entails.

I agree completely with the op-ed piece that marriage should be privatized. In my opinion this would have a number of advantages, some of which are listed in the artice:

1. It would stop the government from passing crazy marriage laws (e.g. 498 A).

2. It would end the divisive and pointless debate about gay marriage. If two gay people want to live together in a committed relationship, they are free to do so and to negotiate whatever rights they want between them. There would be no need for an official government sanction of the relationship.

3. There are substantive unfairnesses in the way the government treats non-married couples vis-a-vis married couples. Getting the government out of marriage would end this.

4. Couples would have the freedom to enter into  agreements, and mariage wil be totally mutual consonant and respect to each other.

5. It prevents the government from changing the marriage contract after a couple is married. Over the last 35 years, divorce law has seen dramatic changes. Unlike most changes in law, these changes apply retroactively. So marriages are governed by laws that didn’t exist at the time of the marriage.

Let’s face it. What’s important about a marriage is the relationship between the couple. There is no need for a government sanction of the relationship, nor does a government sanction improve the relationship in any way.


 6 Replies

Prakash Yedhula (Lawyer)     03 September 2009

Why single out marriages? Crime could happen even withour marriages. For eg. Rape.

That apart theere is widespread crime even in institutions that are privatised. 

Prenuptial Agreements (Lawyer)     13 September 2009

D Vikas K C:  If you are going to copy an entire page from another website without permission, you should at the very least attribut the source:

Vikas Dharmendra (Consultant)     13 September 2009

Sure, I wanted to have discussion about this.

Rajesh Kumar (Advocate)     14 September 2009

Marriage should be privatised?

Was it a public affair till date..........

Vikas Dharmendra (Consultant)     14 September 2009

It seems to be a public affair...if it is not a public affair then why laws and Govt , intervntion in this institution. mariage should be sole responsibility  of individuals those like to be bound in this.

Daksh (Student)     17 March 2010

Dear Mr.D.Vikas.K.C.,

There is a authority known as "STATE" enpowered and responsible for regulation of inter personal relationship and policy as such Marriage is in fact a public affair.

Best Regards


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