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Monday, June 09, 2014

   

Marriage Law Amendment Bill must be put up for open debate

 

"The proposed Marriage Law Amendment Bill, already approved by the Indian cabinet, to ensure more benefit to divorcee women has drawn different opinions about it in India. However, in a contrast development in China 9 months back, a similar property law had to be amended by Chinese Supreme Court. As per a report published in ‘The Telegraph (UK)’, ‘with divorce rates soaring, and widespread worries about a new culture of hyper-materialism, the Chinese government is now trying to stop women marrying for money. In a bid to temper the rising expectations of Chinese women, China's Supreme Court has now ruled that from now on, the person who buys the family home, or the parents who advance them the money, will get to keep it after divorce’."

 

Rajesh Vakharia

 
   

Dissatisfied that the DV act did not turn out to be the property grabbing law that thought it would become after the famous Batra vs Batra judgement of the Honourable Supreme Court, the Indian Feminists are now lobbying for the even more biased and dangerous Marriage Law Amendment Bill , brought in with little debate. The bill which proposes to divide the property of the husband as if cheese cake and give most of the assets to the wife and the liability to the husband is, surprisingly, being supported by the Law minister Salman Khurshid for reasons best known to him. In a hyper-materialistic country with property prices shooting through the roof, this law will cause severe social and marital destruction in all forms.

The Marriage Law Amendment bill or MAD bill, as it is being referred to in many facebook and other social networks by shocked Indians, is being driven by a few women’s rights groups, who have also held the country hostage earlier during the amendment of section 498a which was ordered by the Honourable SC itself.

 

However the even most disturbing aspect of the bill is that the Government is in a tearing hurry to bring in a law which will lead to sensational chaos, family destruction, murders for property and untimely demise of the 10,000 year old institution that upheld Indian family system. Rewarding vicious women and penalizing innocent men seems to have become the motto of the government in recent times as it blindly listens to a few women’s organisations who have never taken up the cause of young unmarried girls facing harassment from their own parents, in their natal homes, or the cause of widows who suffer social bias, or the cause of old women being harassed in their families, especially old mothers-in-law tortured by their daughters-in-law.

Feminists have readily taken up and blown the trumpet far out of proportion for young and newly married women because the money lies there. It is a highly politically correct issue to create channels of tax-free wealth transfer from husband to wife because the social role of a PROVIDER has been ascribed to a man and there is no concept of responsibility on a woman, nor are there any penal provisions for a woman not fulfilling her responsibility as a wife in a marriage. Claims by feminists are highly bogus and when they are challenged with actual data, they come up with hollow analogies like Sita and Savitri. First of all, these are all mythological characters and there is no evidence at all if they existed and the stories that we’ve been hearing about them since childhood have any iota of truth in it.

In a contrast development in China, a similar property law had to be amended by Chinese Supreme Court. As per a report published in ‘The Telegraph (UK)’, ‘with divorce rates soaring, and widespread worries about a new culture of hyper-materialism, the Chinese government is now trying to stop women marrying for money. In a bid to temper the rising expectations of Chinese women, China's Supreme Court has now ruled that from now on, the person who buys the family home, or the parents who advance them the money, will get to keep it after divorce’.

Why the Marraige Law amendment bill is Very dangerous

The most destructive features of the MAD bill:

1. This is a law drafted by the radical feminists, for the legal terrorists. The law only speaks of the assets of the husband, why is wife also not entitled to 50% of the husband’s liabilities? Is Marriage a relationship to profit for a woman? In the law a Husband can NOT oppose the Divorce Petition filed by the wife under ‘Irretrievable Breakdown of Marriage’ or ‘IrBM’. As in India, even Kasab has the right to place his legal stand, Husbands not being allowed to do so make it Unconstitutional u/s 15 of the Constitution of India.

2. 50% of Residential Property of Husband will be given to wife BY LAW. No Questions asked on Duties, Liabilities. Only Profits are shared. This does not happen even in splits of business under partnership as Liabilities and Duties are also shared equally. Looks like Government of India does not consider Marriage as even Partnership but only as Proprietorship where all benefits goes to Wife and all losses goes to Husband.

Residential Property of Husband could be before/ during the marriage that means that if you are unmarried and you purchase a house, even that will get divided post marriage in case of a Divorce under IrBM.

4. This does NOT do away with the any of the existing penalties to Husbands like Jail, Multiple Maintenance, Residence Rights, Protection Rights, in a DV ACT No custody etc.

Wife ONLY gets Right to Property thus forcing Husband, his Old Age Parents and his other dependent family members (unmarried sister, Pregnant sister-in-laws, next generations in the womb of women in the family etc.) to die on Streets of India. This is over and above the Domestic Violence Act that throws out Husband and his Parents & family members in an easy combination of "Right of Residence" and "Protection Order". So, Parental home goes under wife's custody and Husband's Property in any case is 50% hers.

5. With no current clarity of definition of Marital Property, even acquired Parental Property could go to wives. Isn’t this a plan to promote male foeticide (which as such is a hidden fact because of women' organisations’ pressure)?

6. Since, this inhuman experiment is being done on Hindu Husbands, it will invite other religions (which are not covered under HMA) to get conversions done from Hindu to their community and thus reducing the Hindu Vote Bank and Hinduism from the country.

7. The amendment, if passed, may cause huge damage to the Indian institution of marriage as most youth would prefer to have a live-in relationship to keep things risk-free.

Demands

Indians demand the immediate resignation of Law Minister Salman Khurshid for making amendment after amendment in a bill with far reaching consequences without any debate with the citizenry of the nation. Who is he to decide on the future of the Hindu family system in India? Also we demand that the Women and Child Ministry be relieved from law making with immediate effect since it is clear that that they have locus standi on welfare of men and the family system in general and such a ministry cannot be entrusted to create laws of such sensitive nature. The law needs to be put up for larger public debate and Indian citizens must be allowed to speak and voice their opinions on the MAD bill.

[Rajesh Vakharia is a Nagpur based Men's Rights Activist. He can be contacted at rajeshvakharia40@gmail.com]

 

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