Maharashtra, Arguably the Feminist Capital of the country in Implementing Laws, soon may be Bombarded with one extremely biased anti-husband Law. An overboard Feminist View is about to set in. Once Again talks of Wife's Rights, NOT Responsibilities. Apparently looks legally Dictatorial and would leave Wife fully Empowered like the British and leaving the Indian Husband "Helpless" like a wounded Kashmiri Pundit Out of his own land or more like a P O K - Patni Occupied Kholi.
There are so many loop holes in this Idea of Empowering Wife.
First there is no clarity of period of marriage.
- Can a wife claim property the next day of marriage?
- Can a wife of one year while divorcing, with no kids and limited joint stay claim half of assets of husband?
- What about a Daughter
who has been dumped by her brothers and father, will she have to get married, dupe a man and only then she would get property or will she be able to claim her fathers property equally strongly?
- What about a lady who will marry 2-3 times not find things compatible and every time divorce her hubby with 50% of her assets? (there are cases of short lived multiple marriages of women)
- There are marriage where union of husband and wife has been as short as 1 year and few months and separation of 5-6 years and more. In such cases how can one claim that marriage has been long and wife should get her due share.
Its all so bizzare as of now. Only one thing is clear, the father can "dump the daughter" by getting her married, by lying to the groom. And later if the girl has to get divorced, the father is not Concerned. But husband has to bear the brutal consequences in form of a Lagaan
. That is share in his property and assets "one way". Like telling Nazar Laagi Raja Tore Bangale Par.
I will wait till I get the Humiliating Draft of the bill but 2 headlines in TOI has spolied my Diwali once again like every year. One headline bombed on Tuesday and the other on Thursday. Here are the news details. They discreetly introduce such bills or call for meeting to discuss on strategic days so that most men are busy elsewhere. (This meeting is on 25th Nov, Tuesday on Dhanteras.)
for the TOI news Item. (details pasted below)
MUMBAI: Women, who often find themselves on shaky ground as they have no property in their name even after decades of marriage, may have a reason to smile. Prominent women activists, including advocate Flavia Agnes, are all praise for the State Commission for Women's initiative in proposing a bill to make a woman a co-owner in the property of her husband.
Activists from women's organizations like Majlis said the fact that the commission came out with a concept note and called for a collaborative meeting with voluntary organisations and advocates on October 25 to discuss and fine-tune the proposed bill, gives hope to millions of hapless women who are left at the husband's mercy, activists say. "Majlis welcomes the move of the Maharashtra state to bring in a legislation permitting a share to women in the property of the husband," Agnes said, adding, "This is a timely and welcome move.
Majlis had been campaigning for this issue since 1995 and had even helped the Maharashtra State Women's Commission draft a bill on a wife's property rights around 10 years ago. But nothing much moved further, said Agnes. "At that time, it was envisaged that the Domestic Violence Bill would address the problem of women's matrimonial residence," she said.
Agnes and other lawyers focusing on women's legal issues said that the Domestic Violence Act did not solve all the issues for women. The problem again surfaced when the government was proposing introduction of a bill on irretrievable breakdown of marriage, said Agnes, pointing out the need for a comprehensive law on women's right over matrimonial property.
Veena Gowda, women's rights advocate said, "It is high time that there is a discussion on the property rights of a woman within a marriage. The problem really occurs when a long marriage fails and the woman finds herself vulnerable as she is left with no ownership rights over the matrimonial property." Activists say if the purpose is to save a marriage then at its inception itself, wives' security must be addressed. "Property rights must be brought in on grounds of equity and not merely on equality, as the idea is to secure a woman's rights and sense of belonging to the new family that she is starting," added Gowda.
Former State Women's Commission chairperson Nirmala Sawant-Prabhawalkar favoured the move, especially to ensure that women feel financially independent. "It is a progressive step, one that must be followed up as it would bring relief to millions of women."
The commission's concept note wants a woman's name to be included in her husband's inherited property too but at the same time offers independence to the husband to retain what he gets as gifts. It also proposes that a husband should be able to approach court for orders if the wife, whose consent will be required for sale or transfer of property, fails to give any bona fide reason for her refusal.
The key question expected to be discussed at the meet, is what happens when there is a divorce. Often women lack any right to shelter when they need it the most, said Prabhawalkar. Some of these issues need to be worked on, said a member of the women's commission.
Agnes said the state's move is important for another reason too. She said activists had submitted before the Joint Select Committee of Parliament that without a legislation on the division of matrimonial property, the bill on irretrievable breakdown of marriage would cause serious harm to women as men would be able to obtain a divorce and deprive women of their right to shelter and security which marriage provides.
Agreeing that difficult yet crucial issues will be raised, women rights activists are happy that "at least the debate has started".
Will only the husband's property be divided or will the wife's property be divided too?
Will the dowry that a woman brings into the marriage be deemed to be her separate property or joint property of the spouses? Experts said it may be necessary to separate the property which a woman brings into the marriage
The issue of working women will need to be discussed too, added advocate Rina Pujara
"In the Indian setting we have to deal with two main issues. In most cases, the matrimonial house is owned by the father-in-law or brother-in-law, or the business is jointly owned by elder members of the husband's family and his own share in it is negligible. In that case what will be the woman's share?"
Flavia Agnes | advocate