DAY 3

THREE DAYS’ NATIONAL CONFERENCE ON

‘RECONSTRUCTING FAMILY LAW IN INDIA WITH EVOLVING MODERNITY’

The day started with Dr.Krishna Murari Yadav, Assistant Professor (Sr.Scale), Law
Centre 1, Faculty of Law, University of Delhi presenting their session on ‘Effects of
Marital Rape on Family’. In this session, they spoke about marital rape, its presence in
civil and criminal law and its judicial history. They spoke about its criminality with
regards to Protection of Women Against Domestic Violence Act, Medical Termination of
Pregnancy Act and the IPC. The speaker spoke also spoke about marital rape in terms
of International Law, and how sexual abuse is recognized as a form of domestic
violence by it. The session concluded with the speaker calling for the wife in a marital
relationship to be given legal personality and that marital rape should be criminalized.
The next session was with Professor Dilshad Sheik, Dean, School of Law,
Sathyabhama Institute, Chennai, who spoke on the topic ‘Muslim Law of Inheritance’.
They gave the definition of inheritance in Muslim law, and cited the 4 principal sources
of inheritance in Muslim law. After laying down the fundamental difference between
inheritance in Sunni Law and Shia Law, they also described how the joint family system
is not recognized in Muslim Law. They briefed the audience regarding the rights of the
child in the womb and the rights of step-children, step-parents and step- brothers and
sisters with regards to inheritance in Muslim Law and concluded with the fact that in
Muslim Law, inheritance is a right and not a privilege.
Next, Ms. Kanimalar and Ms. Priyadharashini, Advocates from the Madras High Court
presented their paper on ‘Metamorphosis in Family Law – A Study from the Antiquity to
Modernity with reference to Marriage of a Muslim Girl’. In their paper, they analysed
how the system subjugates women in personal law field and confined issues relating to
marriage. The non-applicability of Prohibition of Child Marriage Act and POCSO Act
with regards to the marriageable age of Muslim girls, which is currently over 15 years of
age was recognized. They concluded with the proposition to make 21 years as
marriageable age throughout India irrespective of religion.
After this, Yogalakshmi.G. from Dr.MGR University presented their paper titled
‘Surrogacy in Indian context’. They defined surrogacy, recognized India as the
commercial surrogacy hub and went on to state the 2 main areas that have to be
focused upon – legal rights of babies born through surrogacy and protection of the
surrogate mother. The speaker described the law, process, punishment and issues with
regards to surrogacy, and cited the denial of rights for single parents and LGBT+
community to go through surrogacy as unconstitutional. They concluded with the
proposition to introduce regulations and amendments to solve legal and social
challenges of surrogacy.
 Next, there was a session by Ms.Jayasri, Advocate in Madras High Court on
Reconstruction of family law in India. They briefed the audience upon conjugal rights
with relation to the Hindu Marriage Act. Then, they spoke about the impacts of
modernity in family law, and about the delay of disposal of family law cases by Family
Courts and Advocates. They discussed with the audience about the change in the
grounds of cruelty with evolution of time, and also about the reconstruction of family and
role of psychological counselling in Family courts. They proposed for the reconstruction
of the family court as a solution for all the current challenge that arise from it.

Next, was a speech by Prof. Dr. N. Murugavel, Director of Faculty of Law, MGR
University, who spoke regarding cloning, incubation and the concept of the yet to be
realized EctoLife device, the world’s first artificial womb facility, and the brainchild of
Berlin-based scientist Hashem Al-Ghaili. He spoke regarding the history of cloning with
regards to its legality, the process of incubation, and how devices such as EctoLife will
bring about gender equality by taking away the burden to bear and give birth to children
from females.

After this, Prof.Dr.N.Devanathan, Professor, Faculty of Law, Dr.MGRERI, delivered the

speech to welcome the chief guest of the valedictory session – Prof. Manoj Kumar
Sinha, Director, Indian Law Institute, Delhi.

This was followed by Prof.P.B.Pankaja who delivered the Rapporteurs Report of the
Three Day National Conference on ‘Reconstructing Family Law in India with Evolving
Modernity’.

Then, Prof.Manoj Kumar Sinha delivered the valedictory address, where he gave an
International view on family law. He spoke regarding Private International Law, and its
relation with inter-country adoption and matrimonial issues, and also recognised the fact
of limited number of scholars in Pvt. International law in India. He also spoke regarding
child custodial rights. He went on to brief the audience about the Uniform Civil Code and
its relationship with the personal laws of communities. He spoke about the 17
Sustainable Development Goals, 2015 and mentioned how many of them gave
importance to the progress of women. He also highlighted the important contribution of
women in the drafting of the Indian Constitution. His address overall gave the audience
a global perspective on Family Law.

After this, certificates were offered to the student volunteers, presenters and the
teachers in the Faculty of Law.
 Day 3 of the THREE DAYS’ NATIONAL CONFERENCE ON ‘RECONSTRUCTING
FAMILY LAW IN INDIA WITH EVOLVING MODERNITY’ ended with the national
anthem.