Rajya Sabha (upper house of parliament) has just passed Marriage Law Amendment Bill which adversely affects the fate of husband and his family members. (Full text of the Bill as passed in RS is here)
The genesis of this bill was the huge number of divorce cases due to incompatibility, but because divorce laws are based on "fault" theory, i.e. one party has to prove the fault of spouse (cruelty etc.) to get divorce!
This also led to huge number of false cases of Dowry harassment (IPC 498A, Dowry Prohibition Act, Domestic Violence etc.) which are filed to coerce husband into giving divorce + coughing up good moolah while at that!
The change that this Bill was supposed to bring, but present bill doesn't do so, is to introduce "No-fault" theory of divorce - i.e. if parties discover post-marriage that it's not possible for them to live together, one of them can seek to break the bond of marriage!
The RS debate on this Bill was simply pathetic, some individual MPs did voice few concerns, but mostly the entire debate was - "wives are battered, they don't have property blah-blah.. so they should be given husbands' property"
Let's discuss how, many provisions of this Bill and the debate are completely illogical and their impact:
Section 13-D: Says if husband moves for divorce, the wife can oppose it citing financial reasons, whereas, if the wife moves for divorce, husband CANNOT oppose the divorce, not even for the sake of his children
Section 13-F: Says that husband's all movable and immovable property has to be divided and a share be given to the wife. And while calculating this share, Husbands' all "inherited and inheritable" property SHALL be taken into account!!
Even though provision for Alimony and Maintenance already exist under sections 24/25 of Hindu Marriage Act, what was the need to create this gender-biased section?
Let's understand this further:
1) In RS debate Mr.Kapil Sibal said that this Bill will help in reducing litigation:
This is a plain "white lie" and impractical!
Consider this: if there is an incentive to break free with the advantage of getting property, will it help decrease or increase litigation?
2) This bill does not talk about ending litigations like 498A, Domestic Violence, Child Custody, CrPC125(maintenance) etc. at time of granting divorce.
This is how the amended law will play out in lives of husbands' lives:
Wife has disagreement with husband => files 498A, DV cases => Husband and family members get arrested => Trial runs for years => Wife approaches court to grant divorce in this Bill => Husband can't oppose divorce, Wife walks aways with husband's property while he's still left with fighting all the cases!
Please note, IPC 498a is one of most abused and misused sections and its misuse is labeled as "Legal Terrorism" by Supreme Court of India, still these cases are ever-rising with more than 90% false cases. IPC 498a is legal extortion tool. Already, most such cases end up in Mutual consent divorce when husband agrees to pay-up to safeguard his other family members
3) The Standing Committee report on this bill and some members in RS debate, asked to define "grave financial hardship" in Section 13D, but it was completely overlooked. Now, in absence of precise definition, courts will interpret most likely on wife's words..and husband's plea for divorce will hang in limbo..until he agrees to get extorted - by parting with his property!
4) The properties are not built overnight, it takes one's lifetime savings and hard-work to create a property. For women, now with this Bill, it'll take just a marriage to build handsome property. She can keep marrying and keep accumulating property, e.g.:
http://www.indianexpress.com/news/runaway-bride-strikes-in-tn-cops-launch-hunt/993206/
http://week.manoramaonline.com/cgi-bin/MMOnline.DLL/portal/ep/theWeekSectionView.do?programId=1073755753&tabId=13&BV_ID=@@@&categoryId=-189281
5) Mr.Kapil Sibal and Feminist continue to peddle illogical arguments that - "women have no property or less than 1-2% property, so they should be granted a share in husbands' property"
For example have a look at Agriculture Census 2010-11, table 14, pg no.52 on this URL:
http://agcensus.nic.in/document/agcensus2010/agcenrep2010.htm
It shows about 13% number of holdings in rural areas are with women!
For urban areas, the holdings would be higher given more educated women.
Another thing, less than 2% of population of India holds about 80-90% of India's wealth! http://www.business-standard.com/article/current-affairs/global-hni-population-sees-a-rebound-in-2012-world-wealth-report-2013-113061900571_1.html
There's a huge population living below poverty line, and forget property they don't have 2 square meals a day - so, govt. is bringing Food Security Bill.
Now, because so many poor don't have property, why not fellow rich Indians be forced to share their property with the have-nots!
6) Even it's a "No-fault" divorce, but the provisions of sharing property introduced here reeks of "fault-theory" mindset! Please note, wherever wives are battered, abused, ill-treated, they already have laws like IPC 498a, DV etc having provisions for punishment to husband and also compensation etc.!
But, how is it sensible to punish husband in a no-fault divorce?
7) Even if a wife is at fault, after filing 498a/DV etc cases, she'll go to court demanding divorce using this law and walk away with property, e.g.: there's 30% increase in Women Indulging in Extra Marital Affairs => see one op-ed here: http://indiatoday.intoday.in/story/extramarital-affairs-indian-women-not-afraid-to-articulate-their-sexual-
In justice system it's very important that one should not be allowed to take benefit of own wrong - but gender-biased laws means that women are allowed to take benefit of own wrong!
8) There's no distinction made on the duration of marriage, so a 1month wife will be treated on par with a 10year or 20year wife and will still get property share!
Does a company offer same post-retirement benefits to an employee who serves 1year vs 20years?
Does any investment, any venture, gives same returns in 1year vs 10years?
What contribution does a 1month or 1year wife makes in life of husband? NONE!
But just her marriage entitles her to lay claims on property!!
The Bill also doesn't differentiate whether a wife is a qualified working woman or just a housewife!
9) There's no distinction based on whether husbands' property was acquired before or after marriage! What contribution does a wife make for pre-marriage or inherited property? Why she should get a share in that property?
Consider this : I can be living in, let's say an area like Chandni Chowk in Delhi, the house was built by great-grandfather. Just by virtue of property rate inflation the current valuation is in Crores, but that doesn't mean I have that much hard cash.
Now see, Section 13-F clearly states that -
10) There's already a Hindu Succession Act, which gives equal rights to a woman from her father's property. Instead of enforcing it properly, we a biased law is being laid to extort only the husband's family!
11) There are talks that wives contribute a lot to husbands' life and household, and therefore they should be compensated. This is again an illogical and incomplete argument!
Is the husband's contribution to household only financial in nature? NO!
Apart from earning, a husband fulfils many other needs of wife and children and also love and care.
He also works in roles of unpaid electrician, plumber, carpenter, gardener, financial planner, driver to the family, lifting shopping bags, carrying the babies when wife is busy shopping etc..?
While this bill attempts to account for the unpaid work of wife, what about the unpaid work of husband?
As if the goose (husband) laying golden eggs was not sufficient, now kill him, and still a wife gets property!
12) In some discussions, e.g. The Big Fight program on NDTV there was a concern shown that HNI/Rich people like Ambani's, Tata's, Birla's may be affected as wife can walk out with multi-crores of their property!
Well frankly, while that is bad, but we should really more concerned about the millions of middle-class house-holds where husband is a sole bread-winner and supporting his aged parents and young siblings. Easily 4-8 people of such house-hold will be adversely affected and their family completely devastated when a wife there hits with this no-fault divorce to grab property!
Here's a comparative analysis of divorce laws in other countries for further reading and understanding:
http://parthasadhukhan.wordpress.com/2013/06/17/irbm-in-different-countries-how-feminists-want-to-exploit-india/
Suicides of husbands due to biased family laws are increasing year-on-year, to now about 65,000 per year!
Since ages people have been dying and killing for property, imagine what will be the scenario after this law is passed - crimes and suicides will only increase!!
suggested further read:
http://swarup1972.blogspot.sg/2013/08/rs-approves-husband-killer-property.html
http://swarup1972.blogspot.in/2013/08/nearly-five-years-after-indian-taxman.html
http://akghere.blogspot.in/2013/08/bharat-bhagya-vidhata-priest-against.html?m=1
http://parthasadhukhan.wordpress.com/2013/06/25/life-after-irretreivable-breakdown-of-marriage-irbm/
The genesis of this bill was the huge number of divorce cases due to incompatibility, but because divorce laws are based on "fault" theory, i.e. one party has to prove the fault of spouse (cruelty etc.) to get divorce!
This also led to huge number of false cases of Dowry harassment (IPC 498A, Dowry Prohibition Act, Domestic Violence etc.) which are filed to coerce husband into giving divorce + coughing up good moolah while at that!
The change that this Bill was supposed to bring, but present bill doesn't do so, is to introduce "No-fault" theory of divorce - i.e. if parties discover post-marriage that it's not possible for them to live together, one of them can seek to break the bond of marriage!
The RS debate on this Bill was simply pathetic, some individual MPs did voice few concerns, but mostly the entire debate was - "wives are battered, they don't have property blah-blah.. so they should be given husbands' property"
Let's discuss how, many provisions of this Bill and the debate are completely illogical and their impact:
Section 13-D: Says if husband moves for divorce, the wife can oppose it citing financial reasons, whereas, if the wife moves for divorce, husband CANNOT oppose the divorce, not even for the sake of his children
Section 13-F: Says that husband's all movable and immovable property has to be divided and a share be given to the wife. And while calculating this share, Husbands' all "inherited and inheritable" property SHALL be taken into account!!
Even though provision for Alimony and Maintenance already exist under sections 24/25 of Hindu Marriage Act, what was the need to create this gender-biased section?
Let's understand this further:
1) In RS debate Mr.Kapil Sibal said that this Bill will help in reducing litigation:
This is a plain "white lie" and impractical!
Consider this: if there is an incentive to break free with the advantage of getting property, will it help decrease or increase litigation?
2) This bill does not talk about ending litigations like 498A, Domestic Violence, Child Custody, CrPC125(maintenance) etc. at time of granting divorce.
This is how the amended law will play out in lives of husbands' lives:
Wife has disagreement with husband => files 498A, DV cases => Husband and family members get arrested => Trial runs for years => Wife approaches court to grant divorce in this Bill => Husband can't oppose divorce, Wife walks aways with husband's property while he's still left with fighting all the cases!
Please note, IPC 498a is one of most abused and misused sections and its misuse is labeled as "Legal Terrorism" by Supreme Court of India, still these cases are ever-rising with more than 90% false cases. IPC 498a is legal extortion tool. Already, most such cases end up in Mutual consent divorce when husband agrees to pay-up to safeguard his other family members
3) The Standing Committee report on this bill and some members in RS debate, asked to define "grave financial hardship" in Section 13D, but it was completely overlooked. Now, in absence of precise definition, courts will interpret most likely on wife's words..and husband's plea for divorce will hang in limbo..until he agrees to get extorted - by parting with his property!
4) The properties are not built overnight, it takes one's lifetime savings and hard-work to create a property. For women, now with this Bill, it'll take just a marriage to build handsome property. She can keep marrying and keep accumulating property, e.g.:
http://www.indianexpress.com/news/runaway-bride-strikes-in-tn-cops-launch-hunt/993206/
http://week.manoramaonline.com/cgi-bin/MMOnline.DLL/portal/ep/theWeekSectionView.do?programId=1073755753&tabId=13&BV_ID=@@@&categoryId=-189281
5) Mr.Kapil Sibal and Feminist continue to peddle illogical arguments that - "women have no property or less than 1-2% property, so they should be granted a share in husbands' property"
For example have a look at Agriculture Census 2010-11, table 14, pg no.52 on this URL:
http://agcensus.nic.in/document/agcensus2010/agcenrep2010.htm
It shows about 13% number of holdings in rural areas are with women!
For urban areas, the holdings would be higher given more educated women.
Another thing, less than 2% of population of India holds about 80-90% of India's wealth! http://www.business-standard.com/article/current-affairs/global-hni-population-sees-a-rebound-in-2012-world-wealth-report-2013-113061900571_1.html
There's a huge population living below poverty line, and forget property they don't have 2 square meals a day - so, govt. is bringing Food Security Bill.
Now, because so many poor don't have property, why not fellow rich Indians be forced to share their property with the have-nots!
6) Even it's a "No-fault" divorce, but the provisions of sharing property introduced here reeks of "fault-theory" mindset! Please note, wherever wives are battered, abused, ill-treated, they already have laws like IPC 498a, DV etc having provisions for punishment to husband and also compensation etc.!
But, how is it sensible to punish husband in a no-fault divorce?
7) Even if a wife is at fault, after filing 498a/DV etc cases, she'll go to court demanding divorce using this law and walk away with property, e.g.: there's 30% increase in Women Indulging in Extra Marital Affairs => see one op-ed here: http://indiatoday.intoday.in/story/extramarital-affairs-indian-women-not-afraid-to-articulate-their-sexual-
In justice system it's very important that one should not be allowed to take benefit of own wrong - but gender-biased laws means that women are allowed to take benefit of own wrong!
8) There's no distinction made on the duration of marriage, so a 1month wife will be treated on par with a 10year or 20year wife and will still get property share!
Does a company offer same post-retirement benefits to an employee who serves 1year vs 20years?
Does any investment, any venture, gives same returns in 1year vs 10years?
What contribution does a 1month or 1year wife makes in life of husband? NONE!
But just her marriage entitles her to lay claims on property!!
The Bill also doesn't differentiate whether a wife is a qualified working woman or just a housewife!
Consider this : I can be living in, let's say an area like Chandni Chowk in Delhi, the house was built by great-grandfather. Just by virtue of property rate inflation the current valuation is in Crores, but that doesn't mean I have that much hard cash.
Now see, Section 13-F clearly states that -
while determining compensation the court shall take into account the value of inherited or inheritable property of the husband"It simply means, even if I have no hard cash, I should give few Crores to wife doesn't matter even if it's she who's asking for divorce no-fault of mine!
10) There's already a Hindu Succession Act, which gives equal rights to a woman from her father's property. Instead of enforcing it properly, we a biased law is being laid to extort only the husband's family!
11) There are talks that wives contribute a lot to husbands' life and household, and therefore they should be compensated. This is again an illogical and incomplete argument!
Is the husband's contribution to household only financial in nature? NO!
Apart from earning, a husband fulfils many other needs of wife and children and also love and care.
He also works in roles of unpaid electrician, plumber, carpenter, gardener, financial planner, driver to the family, lifting shopping bags, carrying the babies when wife is busy shopping etc..?
While this bill attempts to account for the unpaid work of wife, what about the unpaid work of husband?
As if the goose (husband) laying golden eggs was not sufficient, now kill him, and still a wife gets property!
12) In some discussions, e.g. The Big Fight program on NDTV there was a concern shown that HNI/Rich people like Ambani's, Tata's, Birla's may be affected as wife can walk out with multi-crores of their property!
Well frankly, while that is bad, but we should really more concerned about the millions of middle-class house-holds where husband is a sole bread-winner and supporting his aged parents and young siblings. Easily 4-8 people of such house-hold will be adversely affected and their family completely devastated when a wife there hits with this no-fault divorce to grab property!
Here's a comparative analysis of divorce laws in other countries for further reading and understanding:
http://parthasadhukhan.wordpress.com/2013/06/17/irbm-in-different-countries-how-feminists-want-to-exploit-india/
Suicides of husbands due to biased family laws are increasing year-on-year, to now about 65,000 per year!
Since ages people have been dying and killing for property, imagine what will be the scenario after this law is passed - crimes and suicides will only increase!!
A humble request to all MP's
Please stop this dangerous law,
else there'll be disastrous consequences!
suggested further read:
http://swarup1972.blogspot.sg/2013/08/rs-approves-husband-killer-property.html
http://swarup1972.blogspot.in/2013/08/nearly-five-years-after-indian-taxman.html
http://akghere.blogspot.in/2013/08/bharat-bhagya-vidhata-priest-against.html?m=1
http://parthasadhukhan.wordpress.com/2013/06/25/life-after-irretreivable-breakdown-of-marriage-irbm/
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