STOP proposed marriage bill

Discussion in 'Politics & Society' started by sasi, Dec 6, 2014.

  1. sasi

    sasi Senior Member Senior Member

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    With this Press Release, we members of Save Family Foundation hereby want to register very serious and strong objection to the process followed for the introduction of Marriage Law (Amendment) Bill. We have learnt from the latest news reports and from our calls to the Legislative Department of Law Ministry, and by meeting the Hon’ble Law Minster Sri. D.VSadananda Gowda that the Government is about to Introduce a new Law, Marriage Law (Amendment) Bill in this Winter Session. The draft bill is to change Hindu Marriage Act, 1955 and Special Marriages Act.
    With this Press Release, we also wish to bring to your kind notice the CLEAR VIOLATION that Legislative Department has done while processing the new Draft. As per Pre-Legislative Consultation Policy (PLCP), decided on 10thJanuary 2014, it was decided, that “The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.”
    We bring to your attention to this Notification dated 5thFebruary 2014, D.O. No. 11 (35)/2013-L.I., which mandates the ministry to Publish the Draft Legislation in Public Domain for ATLEAST 30 days and in fact notify the affected people. Unfortunately, the current draft clearly violates this very important procedure laid down by the Committee of Secretaries (CoS) under the Chairmanship of Cabinet Secretary.
    We also wish to submit to you that the Draft which saw widespread Public concern/panic, cannot be pushed again without having passed the Constitutional Procedures laid down in our Democracy.This is the same Draft bill which never saw the light at the end of the tunnel during previous government as BJP itself realized how disastrous this law was for Hindu Family and Hindu Men.The Bill was opposed by various segments of society and even ministries and got International-wide attention on India for proposing such a draconian law.
    In spite of all the above, it is really SHOCKING and heart-breaking that the New Visionary Government, under a dynamic leadership who pledged “SABKA SAATH SABKA VIKAS” has not taken the TRANSPARENT route and is behaving same as the previous Congress led UPA Government now.

    GRAVE FAR REACHING SOCIAL AND ECONOMICIMPLICATIONS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:

    1.1.LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA
    *.Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far reaching consequence. With divorce no more being a taboo in India, the incentive of women taking divorce would work as reverse DOWRY menace where women would marry for property and not for family or love.

    *.China in 2010 amended a similar property annexing law when it found that it being misused extensively by women to grab property through marriages. With misuse of gender laws in India close to an all-time high, this is not the climate to introduce another dangerously draconian legislation. [1]

    1.2.SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABALE
    *.Assets/Properties are acquired after years of hard work and not because of few years of matrimonial life. Losing hard earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.

    *.The Battle of Mahabharata was fought for five villages. With the proposed amendments the home of every Husband’s family is going to be in trouble. This Bill if passed in its current form may result in the very person sought to be benefitted/ protected becoming a victim of violence for protecting property as there is hardly any faith in the biased legal system. Will the BJP be willing to take full responsibility for this dangerous social disruption?
     
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  3. sasi

    sasi Senior Member Senior Member

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    1.5.INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS

    *.It is an established trend and confirmed by Apex court that, in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool and further distress families.

    *.India has the youngest of the average population. There is a unique combination of youth and skills in this age group. Most of the relationship/marriage/family troubles occur in this age group. If this age group is not ina stable family and relationship state the productivity of INDIA would go down drastically when most are deeply immersed in litigation battles.

    FLAWS OF THE PROPOSED MARRIAGE LAW AMMENDMENT BILL 2014:

    1.The Bill, out-rightly violates the essence of Article 15 of Indian Constitutionwhichprohibits discrimination against any citizen on the grounds of religion or gender. The Bill is also unconstitutional as it takes away the basic rights of husbands, even to defend him or save his marriage, whereas the very same Bill gives the same rights only to the wives.

    2.Internationally in similar law, property consideration in deciding permanent alimony is purely done on equitable financial contribution to property and duration of marriage and also based on conduct of both the parties. In present bill thecontribution,duration,assets and ability of female spouseandliabilities and ability of the male spouseis completely ignored.

    3.It completely ignores that a wife gets her share of inherited property from her parents under the latest Hindu Succession Acts. Blindly entitling wife for share in property at the divorce time under this no-fault divorce law is against social justice and completely not gender neutral. All men are assumed to be rich and wife is assumed to be poor which is clearly not true.

    4.Even though a marriage can fail due to the fault of the husband or the wife, the bill essentially extends the “Financial Assistance” clause only to the wife and not to the husband and this is patently anti male.

    5.When husbands are the petitioner for a divorce, the wife will be allowed to use the ‘Financial Hardship’condition to block the divorce till her monetary demands are met, thereby legalizing extortion.

    6.When a wife is the petitioner for a divorce, even though the husband may be in a “Financial Hardship” he will have no legal provision to claim monetary assistance from the wife or even to save his marriage.

    7.This Bill would be widely misused against the husband who will be forced to “pay and buy” a divorce, reducing the institution of marriage into “Glorified Prostitution”.

    8.Government’s intention of reducing back-log of matrimonial cases would not come through with this amendment, instead of letting the couple to arrive at a mutual consent it would only pressurize men and would get into an endless court battle in higher courts and would further increase.

    9.Government’s logic of ending the financial hardship of a divorced wife is completely flawed as even as per government 70% of Indian population needs Food Security let alone have a house or property. In other 30% only 10% own their own homes and in those only a small percentage is Hindu that falls under this amendment. This bill is not going to bring a social change or security in any way when seen holistically.

    OVERHAUL OF THE FAMILYLAWS IN INDIA IS NEEDED INSTEAD:

    1.Hindu Marriage Act is conceived as an overall a gender neutral act and it must not me made gender biased in anyway.

    2.The maintenance and alimony sections (HMA 24 and 25) must be brought up-to-date considering the enhanced education, earning capacity and women friendly work atmosphere in the country.

    3.As women can and does inherit the property from her own parents under the present laws, women being given any direct or indirect share in in-laws property is illogical and against natural justice.

    4.Consideration of any property while determining Alimony should be as per the financial contribution by husband and wife.

    5.In case of non-financial contribution, devise a formula to evaluate minimum duration of marriage for applicability of property division as well as devise a formula to evaluate the contribution.

    6.Pre-Nuptial Agreements should be made legal so as not to make marriage a gamble for Indian citizen and containing the risk of (breakage of) a marriage.

    Press Release - SERIOUS OBJECTIONS TO INTRODUCTION OF MARRIAGE LAW (AMENDMENT) BILL 2014. | savefamily.in
     
  4. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    Just go in courts when i becomes law and if you want not to happene that or want it to be netural then bang the doors of RSS or various minsiters with rss or any other (so-called) hindu organisation............
     

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