Argue of Issue On Behalf of Appellant

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Argue of issue on behalf of Appellant

Whether NWRWA has locus st&i to challenge the judgement of the apex
court?
Yes, The National Women Rights & Welfare Association (NWRWA) is an organization

that has been fighting for the rights of women for the last 19 years across Indiana. Thats

why NWRWA filed the petition before the Supreme Court, challenging the judgment of the

Supreme Court in the case of Kannagi

 NGO’S & COMISSION LOCUS ST&II in Court Intervention:

The Commission has intervened in numerous court cases, in order help women whose

rights have been violated, of these cases the researcher will only be able to mention few o

f the more prominent ones. The Commission intervened in Bhateri gang rape case &

supported the victim & provided for her protection. In the Maimon Baskari's Nuh case

the Commission fought for the right of the victim to marry a person of her own choice &

against out dated customs..

 ACCORDING TO S.3 OF PCM ACT

3.Child marriages to be voidable at the option ofcontracting party being a Child

1) Every Child marriage, whether solemnisedbefore or after the commencement of this


Act,

shall be voidable at the option of the contractingparty who was a Child at the time of the

marriage:

Provided that a petition for annulling a Childmarriage by a decree of nullity may be filed in

the district court only by a contracting party to themarriage who was a Child at the time of

themarriage.

(2) If at the time of filing a petition, the petitioneris a minor, the petition may be filed
through his

or her guardian or next friend along with theChild Marriage Prohibition Officer.

(3) The petition under this section may be filed atany time but before the Child filing the

petitioncompletes two years of attaining majority

 In the matter of Fakhruddin Mubarak Shaik v. Jaitunbi

Mubarak Shaik the Commission intervened to seek maintenance beyond the iddat period

for Muslim women. The Commission was also partly responsible the actions taken in the

Imrana & Marine Drive rape cases

 Shortcomings:

# The Commission has no concrete legislative powers. It only has the powers to

recommend amendments & submit reports which are not binding on state or Union

Governments.

# The Commission does not have the power to select its own members. This power is

vested with the Union Government & in India's volatile political scenario the

Commission may be politicized

# The Commission is dependent on grants from the Union Government for its financial

functioning & this could compromise the independence of the Commission.

# The Commission's jurisdiction is not operative in Jammu & Kashmir & considering

the present political unrest & human rights violations in the region, the Commission's

presence there is vital.

Above mentioned points describe that Child marriage is voidable & NGO’S play major

role in the justice for Child so it has locus st&ii to challenge the judgement of apex court.

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