New divorce law loaded against women

New divorce law loaded against women: Arun Jaitley

NEW DELHI: A bill seeking to make 'irretrievable breakdown of marriage' as a ground for divorce appeared to be in trouble with MPs from within the ruling side as well as the Opposition attacking the changes.

The Marriage Laws (Amendment) Bill, which was taken up passage in the Rajya Sabha on Monday, was seen to be loaded against women by a significant section of the House. In the face of concerns raised by members, the bill will now be taken up 

for discussion on Wednesday.

The Marriage Laws (Amendment) Bill seeks to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to provide for "irretrievable breakdown of marriage" as a new ground for divorce. It suggests that a divorce on these grounds would be granted provided it doesn't cause 'grave financial hardship' to the wife.

The current amendment takes its cue from the Law Commission's report and two 1985 Supreme Courtjudgments. It is based on the premise, prevalent across the world, that there is no need to continue with a marriage that has failed.

Leader of the Opposition Arun Jaitley, who agreed that if a marriage is dead, it should be given a burial by a decree of divorce, said the rights of the woman should get absolute protection. He said since the the law doesn't provide for financial backbone for women, they are likely to end up becoming "permanently dependent" on their parents and siblings.

Calling on the government to think through the proposed legislation, Jaitley said that in its current form, "this law may end up creating unusual hardships for women in India."

In India, divorces are conventionally granted on two broad grounds - mutual consent and matrimonial default. The latter, which includes mental and physical cruelty, adultery, desertion, conversion and communicable diseases, allows for the victim to ask for divorce.

"No person can take the benefit of their own default. In that sense, irretrievable breakdown is different from conventional jurisprudence on divorce, in that the person who cause the default can ask for the divorce," Jaitley said.

He stressed those countries which allow for irretrievable breakdown as a ground for divorce have a very strong support system for the wife and children.

"Such divorces become very costly, as property and income is shared with the wife and children. I regret to say that Supreme Court can interpret laws and suggest advancements but elected representatives know the realities better, and without financial backing, women will end up sufferers," BJP leader said.