About Parental Consent for Marriage Essay

Western nations have long practiced the deed of letting people pick their spouses

It was thought that letting someone make their own choices was a sign of respect. Arranged marriages required parental approval, as opposed to personal approval, which was founded on love. Force was used with parental consent primarily because the father would profit from it and would primarily keep the bride price. They benefited from the fact that most countries permit marriage between adults (18 years of age or older). They are considered to be responsible people who can make informed decisions about their lives. However, there are circumstances whereby minors can be allowed to get married, for example, and judicial consent. In countries such as the Philippines, no one can get married when they are below eighteen years, even in a case where the parents are in support of it. Besides, there are cases where marriages cannot take place when the parents do not like the spouse. Contrary to this, some have individuals have managed to overcome this aspect of consulting parents, whereby they marry based on their consent. The focus of this paper is to establish the viability of parental consent on marriage. Also, it will compare the Scot law and Indian law regarding marital issues.

Research methods

The type of research used was the qualitative method. It helped to gather in-depth understanding on the issue concerning the hand of parents in consenting on marital matters. The qualitative investigation brought out the actual picture of how human beings presently think about parents having to give an okay on the person their sons and daughters should marry. The reasons behind the ideas of people were determined using this type of research.

The target population that we approached comprised of individuals aged eighteen years and above. The choice of this group was to ensure that the feedback could be what we needed as that was the group that had a proper understanding of what marriage entails. As such, approaching such respondents were going to be productive for the subject under study.

We utilized questionnaires in our research to come up with a precise determination of the people’s view on the issue of parental consent for marriage. As such, this data collection technique proved to be reliable, cheap and easy to use because it allowed the respondents to provide relevant responses as per their understanding and take towards the subject matter. Also, the fact that the questionnaires comprised of both closed and open-ended prompts, people were able to provide valid answers with some justifying why they agreed or disagreed; hence, it was an accurate means of determining their views.

The second data collection we utilized was interviewed. Going to the streets and give individuals a chance to provide their observations regarding the subject was also instrumental. In fact, people were much willing to participate in the interviews, given that it was a matter the issue had been discussed for quite sometimes without attaining concrete and reliable conclusions.

Based on these two techniques, it becomes apparent that our data collection involved direct contact with the respondents. We did so to obtain first-hand information that was needed on this subject. Specifically, the approach ensured that the level of none responders was kept low and that we got the required information without bias. Besides, our observations used to take place in the actual settings that this was happening. Precisely, we managed to attend sessions of marriages, and discussions involving obtaining parental consent before marrying to materialize the decision that we could make our conclusions.

Findings

We have looked at the research concerning parental consent for marriage. One out of three respondents was for the idea that parents continue to provide consent before any marriage was made legitimate They argued that it was growth enhancing, because it favoured people who had many girls, thus, it was going to be beneficial in increasing population. Additionally, they thought that doing so would show respect to the parents because of their contributions.

The resenting category gave a justification that every person had the right to choose whom to marry. According to the resenting group, allowing parents to continue making that decision would show that no one else had powers in marital matters, not forgetting that it would be going against their right to choose, by not allowing young men and women to marry the ladies they loved. It was also beneficial to their women because it ensures redistribution of wealth from men to women.

In light to this, the issue of parental consent has since been seen as a significant issue of concern in societies worldwide. Every person has a comment on this. There are some who want a continuity of this, and some want the communities to get away with it, given that this aspect has been in existence for long. Notably, this element has always been considered as the first step to be conquered before any negotiations on marriage were held. Therefore, from the research majority of the respondents supported parental consent on unions.

A comparison of Scottish laws versus Indian laws on marriage

Different nations across the world have different ways of carrying out their marital practices. Some laws could be similar, but in a few cases, we find rules that differ. As a result, we can point out some factors that differentiate them

The first aspect regards law and parental consent, whereby, initially, the Scottish law dictated that a person could be married at the age of twelve and fourteen for a girl and boy respectively. They followed the Roman law of 1929 without any requirement for parental consent. The couples made their decision and went ahead to tie the note without consulting anyone. However, in the twentieth century, such acts became uncommon, whereby the required age for marriage was increased to sixteen years as stipulated under section twelve of the marriage Act of 1977. In the Hindu law, the consent of the parents was highly valued. Parents had to agree for the union to be made. The required age was twenty-one for the bridegroom and eighteen for the bride.

The second aspect is about marriage between same-sex couples. The Scottish law permits same-sex marriages, whereby people of the same sex who decide to settle together as the Scottish law does not bar couples. They are allowed to convert their civil partnership to marriage either by administrative processes or civil partners. Also, it will enable the divine creation of both marriage and civil partnership as long as the religion and the minister agree. The law requires the religious and belief bodies to opt-in and not to breach the Equality Act if they do not do so. Adultery laws will remain the same and impotence limited to the opposite-sex couples. The Indian legal law is still being used to punish those involved in nonvaginal sex. However, he lesbians are not punished, but are normally prosecuted in courts for false cases of kidnapping or theft issues. Marriage laws in India recognize husband-wife unions, be it Christian, Muslim, or Hindu.

There is also the aspect of traditional effects of marriage. In Scottish, traditionally, all property of married women was transferred to their husbands and women were deemed the husband keepers. Thus, they were expected to take care of them just like their children. Men were the ones vested with the authority to the state where they were going to reside after they got married. The married couple had specific duties to adhere to, and the women’s’ earnings were taxed as if they belonged to the husband. In their tradition, the union between the couples was a holy one. They had believe that none of them was meant to live alone; they were require to make each other become strong in spiritual matters because they believed marriage was and heavenly thing. Hence, they trusted believes dictated to them during the marriage ceremony. The lovers got married just because they thought their karmas were intertwined and brought together to solve the human problems together to guarantee their mutual salvation. According to them, their relationship was that of the soul. Gender roles did not matter to them because they were not fixed according to sex. At times, they would switch positions; they did the jobs that were meant for the other partner. There was the aspect of parting ways for some time. Reuniting was made in a big ceremony. In this regard, the marriage was viewed as very holy. One is expected to live a life of a householder as soon as they got married. Wives submitted to their husbands and could not dare involve themselves in extramarital affairs. Also, it is important to note that the Hindu customs allowed various marriages including locally arranged, and cases where the bridegroom kidnapped the bride. However, most marriages were planned with the knowledge of both couples; hence, abduction became rare, given that the couples were allowed to know their spouses

Traditionally, if a husband died, the deceased brother was allowed to marry the brother’s wife for progeny. Polygamy was accepted in the ancient Hindu society compared to the present where they are strictly monogamous.

According to the Marriage and Civil partnership Act 2014 of Scotland, civil partnership is a relationship between same-sex couples even after marriage is opened to all gender mix. Marriage was designed entirely as a secular institution but has been amended by the Marriage and Civil Partnership Act of 2014. In India, marriage is and always remains a sexless institution where adultery and impotence are not allowed. Civil partnership is a relationship between persons of different sex, a man, and a woman. Evidently, it is an entirely religious institution and sacred and follows traditional rituals for consummation; hence, it is not considered valid until completion. The favorable colors for such occasions are gold and red. They believe the arranged marriage is traditional while the loved one is the modern marriage. The Indian law was amended o bring in the issue of divorce and separation. Traditionally this was unacceptable. The married couples were expected to stick together in all circumstances. Introducing these laws was to give a chance to those who could not survive marriage. In Scottish law, irregular marriages included matrimony by declaration, marriage by promise, and by cohabitation. They were the free types of unions recognized under the marriage Act of Scotland. However, in Hindu marriage laws, such acts were not acceptable. Couples were required to declare their partners in public. None of the Hindu marriages was allowed to take that direction. The formality of unions was highly regarded, especially in the traditional weddings.

Conclusion

The objective of this study was to establish people’s views about letting parents consent marriages and also compare the Scottish law and Indian regulations regarding marriage. Based on the findings, most people still find it fundamental to let parents approve unions, given that they have a comprehensive understanding of what it entails; hence, are in a better position to make right choices. Regarding the marriage laws in the two nations discussed, it is essential to consider the fact that not all laws are similar and that different people have got varied needs and tastes for marrying. Thus, it is essential to abide by the laws stipulated by State to avoid convictions.

Bibliography

Barak, Aharon. Human Dignity. Cambridge : Cambridge University Press, 2015.

Barker, Nicola, and Daniel Monk. From Civil Partnership to Same-Sex Marriage: Interdisciplinary Reflections. London: Routledge, 2015.

Lyall, Francis. Church and State in Scotland: Developing Law. London: Routledge, 2016.