Marriage Law (Amendment) Bill: Bahut bure din for Hindu families

Save Indian Family (SIF), an all-India non-profit organization, which has been working for the cause of keeping Hindu families united against draconian laws like Section 498(A) has published a new whitepaper analysing the impact of the proposed Marriage Law (Amendment) Bill.

The following are the highlights of this whitepaper.

Members of Save Indian Family – Karnataka, hereby want to register very serious and strong objection to the unconstitutional Marriage Law(Amendment) Bill. This bill introduces “Irretrievable Breakdown of Marriage” (IrBM) as an additional ground for seeking divorce whereby wife gets 50% of husband’s pre‐marital, post‐marital, self‐acquired and ancestral property as part of alimony, and the husband cannot oppose it.

This is the same Draft bill which never saw the light of the day during the previous UPA government as the BJP realized how disastrous this law was for Hindu families and the Indian social fabric. The Bill was opposed by various segments of society and even ministries and had international criticism on India for proposing such a draconian law.

India has the youngest population in the world. There is a unique combination of youth and skills in this age group. Most of the relationship/marriage/family troubles also occur in this age group. If this age group is not in a stable family and relationship, the productivity of the nation would go down drastically when a major chunk of this age group is deeply immersed in litigation battles.

In spite of all this, it is really shocking that the new Government under a dynamic leader who pledged “sab ka saath sab ka vikas” has not taken the transparent route and is behaving the same as the previous Congress led UPAGovernment.

Grave far reaching social and economic implications of the proposed Marriage Law (Amendment) Bill, 2014:

  1. LOSS OF FAMILY VALUES AND FALL OF INSTITUTION OF MARRIAGE IN INDIA

* Marriage will lose its sacred purpose and will become a property and/or wealth-acquiring business. There is already an increasing trend towards material expectations in a marriage; theamendment will have a far reaching consequence. With divorce no more being a taboo inIndia, the incentive of women seeking divorce would work as a reverse dowry menace wherewomen would marry for property and not for family or love.

* China in 2010 amended a similar property annexing law when it found that it was being misused extensively by women to grab property through serial marriages. With misuse of gender laws inIndia close to an all‐time high, this is not the climate to introduce another dangerouslydraconian legislation.

  1. SEVERE VIOLENCE AND SOCIAL UNREST IS HIGHLY PROBABALE

* Assets/properties are acquired after years of hard work and not because of a few years of matrimonial life. Losing hard earned property in cases of failed marriage will lead to an increase in say, suicides on the part of the husband (the present statistic are troubling) and increase in crime Rates. The Battle of Mahabharata was fought when even five villages were denied to the Pandavas as their rightful share. With the proposed amendments, the home of every husband’s family is going to be in dire straits. 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 a biased legal system. Will the BJP be willing to take full responsibility for this potentially dangerous social disruption this Bill will cause?

  1. Indian Economy would be adversely impacted and India will not be perceived as a safe destination for FDI

* When the society is in unrest and family values are broken, the dream of “Make in India” would be of little use. Economies like Vietnam, Thailand, Philippines, Pakistan, Sri Lanka and Fiji would grow and India would lose the unique opportunity it currently has.

* Indian men in fear of possible material loss would stop buying properties and it would have adverse consequences to the nation’s economy.

* People would start accumulating wealth in alternate form like gold etc., which would result in a dull economy that believes in secure accumulation than investment for growth.

  1. MASS CONVERSION FROM HINDUISM TO ABRAHAMIC RELIGIONS

* Hindu men would want to convert to Abrahamic religions to minimize their risks in matrimonial life thanks to the provisions of this Bill. This mass conversion has its own extremely dire social implications.

* Hindu men would stop marrying or opt for a Sagotra marriage to keep the property in the family. This might by itself create a situation for honour killings and people taking law in their own hands.

  1. INCREASE IN BACKLOG OF MATRIMONIAL CASES IN INDIAN COURTS

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

* India has the youngest population in the world. There is a unique combination of youth and skills in this age group. Most of the relationship/marriage/family troubles also occur in this age group. If this age group is not in a stable family and relationship, the productivity of the nation would go down drastically when a major chunk of this age group is deeply immersed in litigation battles.

Flaws of the proposed marriage law ammendment bill 2014

  1. The Bill violates the essence of Article 15 of the Indian Constitution which prohibits 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 cases of similar laws, property considerations in deciding permanent alimony is purely done on equitable financial contribution to property and duration of marriage and is also based on the conduct of both the parties. In the present Bill, the contribution, duration, assets and ability of the female spouse and liabilities and ability of the male spouse is completely ignored.
  3. The Bill completely ignores the fact that a wife gets her share of inherited property from her parents under the latest Hindu Succession Act. Blindly entitling the wife for a share in property during divorce under this no‐fault divorce law is against social justice and completely not gender neutral. All men are assumed to be rich and abusive, and the wife is assumed to be poor and always suffering, which is clearly not true.
  4. Although 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 the husband is 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, although the husband may be in financial hardship, he will have no legal provision to claim monetary assistance from the wife or even to save his marriage.
  7. This Bill has the potential to 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. The Government’s intention of reducing the backlog of matrimonial cases would not come through with this amendment. Instead of letting the couple arrive at a mutual consent divorce, it would only pressurize men and would result in endless court battles in higher courts.
  9. The Government’s logic of ending the financial hardship of a divorced wife is completely flawed because, even as per the government 70 per cent of the Indian population needs food security let alone house or property. In the other 30 per cent, only 10 per cent own their own homes and even here, only a smallpercentage is Hindu that falls under this amendment. This Bill is not going to bring socialchange for the better or security in any way when seen holistically.
IndiaFacts Staff articles, reports and guest pieces
  • SuchindranathAiyer

    India’s
    social engineering was commenced and carried out by Western Educated Gentlemen (WOGs)
    who had no knowledge at all of Indian culture which actually comprised
    of thousands of different cultures for which the Briritsh and the
    Brahmins had far more respect than these
    Indian Wog-Dogs of British Tyranny such as Nehru and Ambedkar. For example the North East of India and the South
    West of India were both matriarchal and matrilineal. The tribals of
    India could roam and forage the forest freely in the Dandakaranya, the
    Western Ghats and the Himalaya. Nehru-Ambedkar Wogs put an end to this
    in 1952. The Naxalite movement and the vacuum in the North East that gave
    birth to christianisation and insurgency are largely due to this. In
    1959, Nehru-Ambedkar stole away the Temple Wealth from the thousands of
    congregations. Each temple had its own traditions and culture and was
    for all practical purposes a unique religion This helped the Indian
    Republic to easily plunder and loot the easily divided for the benefit
    of their vote banks (Dalits etc.) The Sthree Dhan (Dowry is a Western
    concept) was a process of partition intended to give to the bridel who
    was henceforth part of her husband’s Gothra and family, her share of
    ancestral wealth. Brahmins traditionally had no Sthree Dhan as they are
    traditionally poor. The Hindu Marriage Act and the Hindu succession Act
    etc have created a major new religion and imposed it on the various
    religions that used to comprise “Hinduism”. That this religion was
    created by Dalit-Moslem-Christian-British notions escapes attention..
    Consider my personal example: When I was in a mess with my first wife
    who had deserted me, and bad mouthed my family with all sorts of rot and
    I had filed for a divorce , which in India’s peculiar legal system is
    impossible unless the wife is willing, and she was not, just to thwart
    this as all my other wishes, aspirations and hopes, I was advised to
    convert to Islam (1989), My tailor, a Mr. Wahab, brought several
    proposals. The girls were much younger than me, still being educated in
    good schools (I believe “convented” is the correct appellation) and
    their fathers were very successful land lords and business men, members
    of the top clubs and drank like only Commissioned Punjabi Moslems can.
    The starting Meher (1989) was a Crore. (Nothing could work out as, not
    withstanding the pressure of India’s Dalit-Mughal-Marxist Courts, laws
    and spoiled Brahmin wives, I was not willing to convert). In the normal
    course if Nehru-Gandhi-Ambedkar Khangress had not happened, I would have
    married another girl and led a normal life with the permission of my
    parents instead of wasting time waiting on India’s Corrupt
    Dalit-Mughal-Christian WOG Courts.The
    exceptions and the confused creation of Temples of Modern India like
    Dowry began AFTER 1947. Every time something was abolished there was a
    new work around. For example, a friend of mine said he would arrange a
    “supari” for the woman who refused to
    give me a divorce. It would have cost Rs 10,000 and have been finished
    within a week. This is where “bride burning” began. Once a solution to
    India’s laws have been found, they are widely implemented with gusto
    without reference to the original rationale becoming a social custom in
    their own right. India’s Social Engineering laws are at the heart of
    all of India’s social crimes. The one thing that my divorce case taught
    me is that the only crime in India is to not be a criminal.

  • JK

    Since day one I have been saying present Govt is not a Right Wing Party by any means they are Right of Center taking advantage of Hindus to come to power. See who is there Ideological, Philosopher, guide no one else its Veer Savarkar who himself was Rationalist like Periyar only difference Periyar ran a Dravidian movement and Savarkar didn’t.

  • JK

    Already my friend faced similar problem after marriage, they both got divorced after 11 years case got dragged in court. By that time shuttling between Kutch (Gujarat) to Trichy (TN) family ran out of money, friends sister marriage life started seeing problem when other side saw that this family has got more money, now they started demanding money. My friends father worked with Central Govt Fertilizer company and got retired as GM of that Fertilizer Company.

    Poor parents that they saw both son and daughters marriage life ended in divorce.

    Law looks more or like Legal marriage Extortion!

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  • sunil putsala

    Yes this bill should not be come to indian families. As it is all laws are favoring to Womens and there are no laws available “mens” to fight back from #fakecases #498A #DV . #StopMarriageBill

  • blrgal

    While there are many women who do suffer…. this kind of sweeping amendments will ruin too many families… sadly enough women these days are nothing short of conniving… so let us not get fooled that all women are good and these laws are to protect … this kind will make husbands and specially the good ones – victims!!!!!! time for marriages in India to begin with a pre-nup!

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  • Radha Rajan

    I am delighted such voices are beginning to be heard. The Land acquisition bill when it was tabeld by the UPA, Rajnath Singh opposed it very vehemently and for all the right reasons. This bill has made a comwback in Modi sarkar’s times. Nitin gadkari went to the islamic center in delhi, met slaughter house owners and butchers and promised to look into the Motor Vehicles act which allowed only 6 heads of cattle in a truck which was not economically viable for the cattle traders and butchers. They wanted the motor vehicles act amended so that they could cram as many cows, buffaloes and calves as possible into one truck. Mercifully Modi sarkar has withdrawn the Bill now from the rajya sabha. I am also getting to hear that the government is intending to bring in a new animal welfare bill which I fear may have very little to do with welfare. But this marriage law amendment bill will strike at the very heart of marriage and family. Let us not pretend women are always victims. The wily woman will utilise this law effectively and abuse it like the SC Act is abused.

  • Sujata Srinath

    If the BJP had opposed this when UPA wanted to introduce this draft bill, then it would be more appropriate to find out why the NDA is trying to reintroduce this bill again. Using this article to slam Narendra Modi with a snide remark about his sabka saath sabka vikaas is being ungenerous. That the Marriage Bill is atrocious is given. Has anyone done a background on the compulsions of why this bill has to be reintroduced in Parliament? Just sounding alarm bells like this is stupid. Besides, Hindu society by and large goes on mostly keeping its traditions out of the purview of laws. And may it always be so.

    • Karthick

      This is a most unconsidered remark. If you do know something about the “compulsions”, please enlighten us. Otherwise, I don’t see how the article is flawed.

      Having seen 2 cases of section 498A driven extortion among my friends, I now shudder to think of the fate of men in this country. Looks like it is a lot better to be a woman today, at least if you are born in the educated middle or higher classes. I am shocked by the cavalier attitude of successive Governments on this matter.