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Govt defers bill easing divorce law


-The Times of India

Under pressure from political parties and women's organizations, the government on Monday deferred passage of the bill that seeks to include "irretrievable breakdown of marriage'' among the reasons for divorce, along with other provisions, which the BJP has opposed on the ground that it could prove detrimental to women in the Indian social context.

Law minister Salman Khurshid told Rajya Sabha said most of the concerns raised on this first-ever move to bring the "irretrievable breakdown'' provision in the Hindu Marriage Act had been addressed.

But, he added, the amendment bill could be deferred for more consideration if the the ``sense of the House'' was that it should be taken up later.

Women rights activists have serious differences in the amendments in particular the provision that provides for 50% share to wife and children in her husband's residential property.

In a letter to Khurshid, former RS member Brinda Karat supported by women organizations including Sudha Sundarraman and Kirti Singh from AIDWA have demanded that women be given equal right to all marital property.

``We regret that we are unable to support the proposed amendment which does not adequately protect women in a situation created due to the liberalization of divorce laws. We would like to point out that in countries where divorce laws are liberalized as is now proposed in India, women are protected by laws which mandate equal share in matrimonial property. For the Government to propose one without the other is unfair and unjust to women,'' the letter said.

The communication added that the proposal to give an equal share to women only in residential property will not be sufficient adding that the bill legislates a wife and children's share which means that the husband gets a greater share.