Hindus in Pakistan behaving like fundamentalists in respect to marriage law??

Discussion in 'Religion & Culture' started by ashdoc, Oct 12, 2011.

  1. ashdoc

    ashdoc Senior Member Senior Member

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    Now I understand why muslims in India do not want any progress in their personal laws....

    Being a minority seems to make one feel that any concession to modernity is like submerging one's identity to the majority .

    Now hindus in Pakistan do not want any modern changes in their personal laws.

    --ashdoc

    copy/paste--


    ISLAMABAD:
    The government and the Hindu community were unable to break their deadlock on Tuesday over the divorce clause in the Hindu Marriage Act. The clause has proved contentious since the bill was drafted in 2008, with the government defying Hindu leaders who believe divorce is not part of their religion’s culture.

    Hindus are the largest minority in Pakistan but have struggled to register marriages due to chronic delays to the passage of the act by Parliament. In Pakistan there is currently no system for the registration of marriages for certain minorities, including Hindus, Sikhs and Baha’is.

    “We will never allow the government to have a divorce clause in the Hindu Marriage Act,” said Chief Patron Pakistan Hindu Council Ramesh Kumar. “We have no concept of divorce in our religion,” said Kumar, a member in the National Assembly on a reserved seat for non-Muslims. Kumar has been campaigning for the issue for many years. In 2007 he filed a petition in the Supreme Court asking for help to solve the problem without further delay.
    Minister for National Harmony Akram Masih Gill said his department was in the final stages of drafting the revised bill

    . “The divorce clause is an integral part of the Hindu Marriage Act,” he told The Express Tribune. Adding weight to his argument, Gill pointed to India’s Hindu Marriage Act of 1956, which contains a divorce clause, and said that his ministry would consult Indian experts on the issue if a consensus is not reached.

    Clause 13, the controversial passage of the proposed 16-page bill, states that any Hindu can divorce his wife or her husband at any time and in any court. Various conditions have been proposed for divorce proceedings. The new draft empowers any court to entertain any petition for the legal dissolution of a marriage. Various other rules have also been mentioned in the bill, such as when divorcees may marry again, the legal rights of children, void and voidable marriages, the punishment of bigamy and punishments for other contraventions of Hindu marriage laws.

    The proposed bill seems unlikely to be a one-size-fits-all for minorities. Indeed, Sikh community leaders have dispelled the impression that the proposed bill can also be applied to marriage registrations of Sikhs based on the Indian model.

    Meanwhile, a new member’s bill was introduced in Parliament on Tuesday, though the details are yet to emerge. Pakistan Muslim League MNA Kishan Chand Parwani introduced The Hindu Marriage Bill 2011 – which perhaps might offer a compromise which finally bridges the gap between Hindu leaders and the government.
    Published in The Express Tribune, October 12th, 2011.

    Divorce remains sticking point in Hindu Marriage Act – The Express Tribune
     
    Last edited: Oct 12, 2011
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  3. The Messiah

    The Messiah Bow Before Me! Elite Member

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    He is right though. According to religion there is no scope for divorce.
     
  4. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Well Hindus doesn't have any concept of Divorce, but being a minority who has seen a great fall in its population after independence from 15% to1-2 % they will try to harden any religious rule which might become a reason for decline in their population.
     
  5. KS

    KS Bye bye DFI Veteran Member

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    Isnt he right ?

    I havent heard a concept of divorce in Hindu marriage (theoretically , ofcourse).
     
  6. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    does indian hindu marriage act allows for divorce. i mean to say does it has any provision for divorce in marriage?
     
  7. xXX-Nair:::Saab-XXx

    xXX-Nair:::Saab-XXx Regular Member

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    Although Theoretically Divorce System is not present in Hinduism... But Today its a must in the Hindu Marriage Act...

    There is Nothing wrong in Having a Divorce if a Couple cant get along well...
     
    Last edited: Oct 13, 2011
  8. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Yes Hindu marriage act has introduced Divorce in Hindu law for the first time.
     
  9. agentperry

    agentperry Senior Member Senior Member

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    minority syndrome. the minority get very stringent for its religious believes when it sees itself as a vulnerable community. they bring in all the customs into their way of life and try to act in more conservative manner. the same thing applies to all minority irrespective of geography, time, religion, caste, creed and race
     
  10. Rahul M

    Rahul M Regular Member

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    what exactly do you guys mean by no divorce 'theoretically' in hindu marriage law ? which code book are you referring to ? the one we have in India right now does have a divorce clause.

    ancient era law books like arthashastra have explicit guidelines for wives to separate from their husbands on grounds of
    >> bad character
    >> physical cruelty (mental torture of wife was a punishable offence but not grounds for divorce)
    >> away for a long time
    >> impotence
    >> traitor to the king
    in all such cases she was allowed to keep her share of paternal property i.e streedhan/dowry.
     
  11. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    Well personal laws for communities is something that has a very Indic root. If you look at the history of all ancient kingdoms in India, particularly those on the coastal regions that had a large number of migratory communities like Arab, Jewish and Syriac traders from Gujarat to Kerela, there used to be an inherent system of personal law.

    The King would administer criminal and commercial rules according to his jurisdiction. But personal laws related to marriage, death and inheritance was left to the communities themselves.

    But that doesn't mean that progressive laws can't be brought out. What needs to be done is to build support those who want to reform the personal laws. I am sure there will be some in Pakistani Hindu community who want to reform these rules as there are many personal law reform groups among Muslims in India. There is a vibrant debate on how to reform the Muslim personal law including getting a better nikahnama, resolving the triple talaq issue and so on.

    Religious texts only provide guidelines and progressive reinterpretation can always be done given the needs and the current time of the people.
     

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