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LATEST NEWS UPDATES | Speedier divorce hits House block

Speedier divorce hits House block

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published Published on May 3, 2012   modified Modified on May 3, 2012
-The Telegraph

A debate on a bill proposing to speed up divorces could not be completed in the Rajya Sabha today after several parties opposed the legislation, saying it would make life harder for women.

Since the subject was changed abruptly and law minister Salman Khurshid could not reply, the discussion was deemed incomplete.

The government is expected to suggest some changes after consulting the Opposition when the discussion resumes, for which no date has been announced yet.

The government had introduced the bill in the upper House on Monday to amend the existing law and make “irretrievable breakdown of marriage” a ground for divorce, as recommended by a Law Commission report in March 2009.

Today, the Opposition parties said easy divorce would increase exploitation of women, and demanded that the proposed Marriage Laws (Amendment) Bill, 2010, be referred to a select committee.

While the BJP was the first to oppose the bill on Monday, the Bahujan Samaj Party, the Samajwadi Party and the Left joined the chorus today, saying Indian society was still not ready for such an amendment.

According to the provisions of the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, a couple can together move before a court a petition for divorce on the ground of mutual consent.

They have to move another motion jointly after a minimum period of six months and within a maximum of 18 months to get a divorce.

The Centre said it had often been observed that one of the parties did not turn up, leaving the other “hapless”.

The proposed amendment was aimed at doing away with this condition of moving the motion after the mandatory waiting period.

The BJP’s Maya Singh took up the point Arun Jaitley had made on Monday: that the bill would make life harder for women.

Singh said judges would be able to immediately grant divorce if the waiting period was done away with. This would amount to leaving the decision to the judiciary rather than “society”, though marriages continued to be the “epitome of Indian society”.

“The government should analyse the social, cultural and economic reasons for divorce. This bill should be referred to a select committee. I oppose the bill,” she said.

Brajesh Pathak of the BSP and Samajwadi MP Naresh Agarwal also called for the bill to be referred to a select panel. Pathak said the legislation, if enacted, would encourage “western culture” in the country (of quick divorces).

The CPM’s Tapan Kumar Sen said “this instant piece of legislation” was a reflection of a biased mindset against a weaker section of society. “It would be discriminatory to relax the conditions for grant of divorce in marriage.… Women are not considered equals in society.… Our law does not view women as equal partners in a marriage.”

The Telegraph, 3 May, 2012, http://www.telegraphindia.com/1120503/jsp/nation/story_15445141.jsp#.T6H8dYFXOkw


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