The All-India Democratic Women's Association (AIDWA) has presented to Law Minister M. Veerappa Moily a comprehensive draft law that seeks to make private parties culpable for violation of fundamental rights in crimes and killings committed in the name of “honour.”
All kinds of harassment, and curbing of choice, association, and movement would come within the ambit of this law.
Apart from defining crimes in the name of “honour,” the draft makes eulogising or glorification of these offences and killings punishable. The onus of proof is on the accused. The law seeks to protect young couples who declare their intention to marry before a government officer, and also suggests measures to stop self-proclaimed panchayats and other community bodies from issuing diktats.
Led by Brinda Karat, MP, a delegation, which met the Minister on Tuesday, pointed out that the amendments proposed to the existing laws did not sufficiently address all crimes of violence perpetrated in the name of “honour,” and highlighted the need for a separate, stand-alone law. The proposed amendments made an entire community punishable for a crime committed by some, the delegation pointed out and suggested that the law penalise only those community members present at the spot where illegal action was taken.
Mr. Moily assured the AIDWA that he would take up the important issues it raised with the Group of Ministers formed to look at legislative changes to address “honour” killings, said general secretary Sudha Sundararaman.
A memorandum was handed over to the Minister, pointing out the extremely limited rights available to women who had separated or were divorced, and their misery and sufferings due to financial constraints.
The delegation emphasised that the Bill to make irretrievable breakdown of marriage a ground for divorce would act against the majority of women in the existing economic and social reality of unequal status.
Adequate financial safeguards must be mandated for women before this Bill was passed, said the delegation, which included AIDWA legal convener Kirti Singh, national assistant secretary Ashalata and member Asha Sharma .
It appealed for supportive legislation to provide financial security to women by bringing in a law on matrimonial property rights immediately.
Absolutely ridiculous! Women have more rights than men in India and elsewhere.
This law should not be passed as this is gender-biased and is discriminating against men. It potrays women as a victim which is not a case these days . Both the gender can be a victim. There is no provision for men in this law.
What about matrimonial liabilities?
13D of Bill on irretrievable breakdown of marriage ensures that NOT EVEN A SINGLE man will get divorce on this ground.
Regarding honor killing; all murders are crime and should be treated so. We don't want any categories like dowry death.
Irretrievable breakdown of marriage a ground for divorce.
We welcome this small but significant step towards securing basic human rights.
We support the Law Commission’s recommendations in 2009 on this issue, and “The marriage Law (Amendment) Bill 2010, tabled in Rajya Sabha. We believe at present, divorce is practically impossible to obtain in most cases. Lakhs of people, especially those who are also denied child custody; face human rights violations in that they are forced to live separately, thereby denied a full and meaningful life. Many lose interest in life due to this. They are forced into a situation reminiscent of the vow taken by Bhisma Pitama in Mahabharatha.
For couples separated for a long time, the probability of conflict over divorce increases. Divorce made easier after prolonged separation, significantly improves the chances of children getting the love of both parents.
Maintenance is the same for a divorcee or a separated wife, so other things are anyways not affected. 1/3 Salary & extra money for house rent if husband has house, is already given in 125Cr.PC, this is payable separately for children also. Moreover, a wife has an equal share in her parental ancestral property also. Most laws are pro-women so she is usually able to get money by using them.
Divorce still will mostly be arduous to obtain.
A petition can be submitted only after 3 years of separation. A prolonged evidence stage has to be crossed. If you talk to victims at the seminar who are fighting divorce cases, court dates that come after even six months are common. The process will still take 10 years; there are 3 appeal stages. Judges usually send couples to reconciliation meetings. Also Judges will naturally refuse to give divorce if they think the party asking for divorce is at fault, also if judges think that there is reasonable % chance of the marriage being saved in future, they will not give divorce. So we have to see in what percentage of cases the divorce is actually granted. The Media (misguided by feminists well funded by foreign agencies) is saying divorce will become very fast and easy, every 6 months!. Even after 10 years of separation, divorce will still be refused for majority. Some cases amenable to being seen as irrevocable breakdown of marriage cases will benefit. This is different from no fault Divorce.
Sandep Bhartia
President www.ghrs.in (Taken from our Press conference's press release at Delhi 7th Aug 2010)
What The All-India Democratic Women's Association (AIDWA) says we can not understand.
Please Email the Editor