There’s been a lot of talk about the new divorce laws giving the woman an automatic 50% share in the husband’s property. While I realize that the state of divorced women in India leaves a lot to be desired, giving a woman a standard percentage of the assets of her ex husband is wrong.
The laws of a country should be just and fair to everyone. It’s not enough to say that “most women are not treated fairly in a divorce” and use that as an excuse to frame legislation that is unfair to even a small percentage of the population. When my wife and I got married we made a pact with each other that our finances would be separate. She would have her own investments, and I would have mine. There was to be no overlap. Our investment and financial decisions are not made taking the other person into consideration. Just imagine the havoc it would cause to my financial plans if 50% of all my assets were to go to her in the case of a divorce! To my knowledge, the law says nothing about her having to share her assets with mine. It’s only one way. Is that fair? And no, we don’t have children either.
To me, this is just lazy lawmaking. It’s entirely possible to have an equitable and fair divorce law that is gender neutral. I know this because I write for a law firm as part of my work. I have a pretty good understanding of how a state like Colorado in the US handles divorce proceedings. Compared to them, our laws seem primitive.
Now I’m not saying that the law doesn’t need to be changed. Yes, women need to be supplied adequate maintenance and child support if they need it. If they need it. There cannot be a set percentage of support or assets that must proceed from the husband to the wife. In fact, the words “husband” and “wife” should not be in the picture at all. It should not matter what the gender is. Some say that India is a special case and that women need special treatment because they are downtrodden.
But creating a blanket rule specifying a percentage of the husband’s assets to be turned over to the woman is unfair to couples that keep their finances separate from each other. Laws are created for everyone. They cannot be biased against a subset of the population no matter how small. It’s entirely possible for a law to have special cases and exemptions in order to clarify its intent. Creating a good statute takes time, effort and an understanding of the situation. Lazy and knee-jerk lawmaking hurts everyone.
I really hope that the divorce amendments don’t go through in their current form. India has a history of making stupid laws as an overcompensation for a perceived social need. It’s time we got serious about crafting well-thought-out legislation that doesn’t have a ticking time bombs attached to it. So many of our regulations get overturned by the courts once they hinder a person’s liberty or freedom as guaranteed by the Constitution. The current divorce laws as proposed would deprive a lot of people of the right to equality and turn every single woman in every single marriage into a victim by definition.
Is that how every woman in India wants to be perceived? As a victim? As someone who is incapable of standing on their own feet? Nowhere in our Constitution is a woman assumed to be financially inferior. Why then do we make laws assuming that every single woman is in need of monetary help when there are millions who get by just fine on their own? Once again – aren’t the rules meant to be fair to everyone?
Provisions like this will more or less force couples in a marriage like mine to sign a contract stating that a divorce is to have no financial implications for either partner. Is this the state that we have come to? Do I now need a lawyer and a specific contract to protect me from the laws of my own country?
Another thought, I have seen cases where husband wife are separate from day 1 because of XYZ reasons, in some husband is at fault and in some wife is at fault. What would you say in that case, half of husband’s property goes to wife.
In India, I think we have religion based Divorce Laws. For example, polygamy is legal for Muslims , but illegal for the communities that fall under the ambit of the Hindu Marriage Act. So there’s a lot of confusion.
In reply to Rajat Gaur
That’s certainly a major problem in India. Laws should apply to everyone in the same way, regardless of religion. Having different laws for people of different religions can’t possibly work.
soon pre nup agreements are going to be the trend in Indian marriages.
As long as buffoons like Renuka Chowdhary get traction in the media, we can expect draconian laws that harm innocent men and favor women. Predatory women can use laws like these to ensnare men into marriage with the aim of stealing half their property. Laws have to be gender-neutral.
In reply to liberalcynic
That will definitely happen…how can it not? I don’t understand it. Are such issues as misuse not even considered?
In reply to bhagwad
Exactly. When Renuka Chowdhary proposed the bill to criminalize a husband or live-in boyfriend’s ‘verbal’ harassment—and that includes saying something insulting about your brother-in-law—Karan Thapar asked her to evaluate the bill on its most extreme examples. She refused, insisting that Karan was just being negative.
Yes, I completely agree with you. Urban wives are very cunning they can use this as a tool to extract money from good family husbands.
This law will only break families as the trust between husband and wife will no longer exist as husband will always be in constant threat of being robbed by wife and her greedy family members.
I only appeal to the corrupt Congress govt. to open their eyes atleast in this matter they spoilt the nation now why are they spoiling the nation.
Also, Salman Khurseed being a muslim is trying to break all hindu houses but enacting such laws as hindu families will only break.
i PRAY AND APPLEAL TO ALL INDIANS TO FIGHT AGAINST THIS GENDER BIASED LAW ELSE NO HOUSE WILL BE SAFE.
In reply to Amit
I don’t think this is any conspiracy against Hindus. It’s just a poorly thought out law.
Who Says So ?
Who says Mumbai is lagging behind the US of A ?
At least not in the matter of divorce
28,465 marriages were registered in Mumbai during 2011-2012
In same period , 11,546 divorce cases were filed
But at 40 % , that is a significant improvement over 2010-2011 !
When the percentage was 46 % ( 10,892 divorce cases against 23,743 marriage registrations )
At this rate , India’s commercial capital may soon overtake America’s entertainment capital Las Vegas – also famous for its quickie divorces !
Hum kisise kum nahi !
With regards
hemen parekh
I have seen divorce cases where the man is the victim and the court also punishes him making him a double loser. We women are not weak and are capable of looking after ourselves. I feel that the law should be a little bit more clear and not completely blind. Look at each individual case and then decide. If not we are surely going to be churning out verdicts which are not in favor of the victim but just the one whom the world perceives to be weak.