Are new Divorce laws Anti-Men, Gender Biased???
The Rajya Sabha on 26th August
2013, passed a bill to amend marriage laws which seeks to provide for
irretrievable breakdown of marriage as a ground for divorce, subject to certain
safeguards to the wife and affected children. Replying to the brief debate, Law
Minister Kapil Sibal said there was need to protect women's rights as the
society was still patriarchal.
New bill gives woman share in
ex-husband’s inherited property. She will have a share in her husband's
inherited or inheritable marital property on divorce, though the exact quantum
of the compensation has been left to the discretion of the judge. It also says
if the ancestral property cannot be divided, then the woman should get
sufficient compensation by calculating husband's share in it. The amount of the
compensation can be worked out by the court hearing the divorce case.
The bill is
opposed by many organizations and institutions saying it as ‘Misandrist’! The
most disgusting forms of the bill founded are:
- A wife may oppose a husband’s filing for divorce at any time. But a husband is restrained however from opposing his wife’s filling for divorce. Courts are given great rights to decide regarding husband’s property should be granted to wife or not, perhaps leaving the husband impoverished.
- No such option is granted to provide a wealthier wife’s property to an impoverished husband. The anti-male clause entitled ‘Financial Security of Women’ restrains courts from granting divorce unless adequate moneys are paid to the wife.
This is
creating an unlawful system like dowry system, which can be dangerous for the
society. The bill
indirectly forces a man to continue with the marriage at any cost even if he’s
not faulty. The bill on the darker side may encourage a woman to create
circumstances for divorce in a short span of marriage with a view to get the
husband’s property.
The
law is creating an imbalanced equation.
“Ensuring women’s safety = Ensuring a man’s
financial and mental deterioration!!”
In any case
the man has to suffer financially as well psychologically. The man is left with
nothing. And in our country there’s no such welfare ministry for Men which can
take care of men. Result- the man ultimately suffers.
Does such kind
of laws deserve to be existed in present scenario where institutions and
organizations are working for Emancipation of women and on the other side
Anti-men laws are created and implemented??
- Prateek Aloni
Hey Prateek,
ReplyDeleteThough some of your concerns are perhaps right, but i think We as Males in India always try to emphasize more on the misuse of law whenever any such law comes.
Even if we were to take on wildest scenario, chances of male exploiting the female are higher. I might agree that Male's grievances too should have been considered in but perhaps that would happen some other day. The fact remains that the decision whether opposition to divorce by female on basis of "Financial Hardship" would also have to be supplemented by various factors like Child's care,Female's job etc.
Hence court will ensure that no unilateral decision is taken.
I also think comparing it to social evils like dowry is wrong.
This law in my humble opinion liberalises the divorce law in a very subtle manner. I think it is better to get a divorce rather than continue in an union which yields to nobody.
Cruel Economics you see :-)
Regards,
Sarang
Mr. Sarang, though there are cases of men misusing the law, however on the other side there are cases that women are also exploiting the laws.
ReplyDeleteThe concern is, there should be a ministry for men's welfare too. If the Nation today is talking about Equality and emancipation of women, then men should also be given a fair chance.
I'm not saying the divorce laws are disastrous, but some of its clauses may clause blunder in man's life.