Monday, December 29, 2014

                                        Proposed Irretrievable Breakdown Of Marriage Act.


             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 
                    country ?.
               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.

                    
                      

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