The Marriage Laws (Amendment)Bill,2010,was first introduced in Rajya sabha
on 4th August,2010.The Bill sought to amend the Hindu Marriage Act,1955
and the Special Marriage Act,1954 to provide for Irretrievable Breakdown
of Marriages as new ground for for grant of a decree of divorce; and to
provide certain safeguards to protect the interests of wife & children.
According to CRISP,an NGO dedicated to the cause of Child Rights & Shared
Parenting,the government is planning to introduce this draft bill is to change
Hindu Marriage Act.They had strongly opposed the Bill in its then form.They
are opposing it still as they feel it is not pro-family or protecting child rights
but only wife centric and the bill is unfair to men.
Concerns of CRISP regarding the Bill:
1. The Bill,out rightly violates the essence of Article 15 of the Constitution
which prohibits discrimination against any citizen on the grounds
of religion OR gender.
2. There is no protection for children to be connected to both parents through
Shared parenting plan as there is a presumption, that children will
remain only with the mother.Studies shows single parenting is adverse to
the welfare of the child.
3. These amendments are aimed at only The Hindu Marriages Act of 1955,
and why not amendments to all marriage laws that are applicable in the
4. The Bill plans to introduce a mechanism for a portion of the self
earned,and inheritable property of the husband to be transferred
to the divorced wife.
CRISP says that they donot oppose the Bill per-se,but they want the
amendments to be fair to both men & women.