divorce

Indian Supreme Court, A Male Biased Judiciary System?

In yet another regressive, racist judgement for Indian women, Supreme Court is going back to the medieval days. While Indian women is still fighting to step up and urge the ruling patriarchy to abolish the Marital rape law that protects men from having a forceful intercourse with their wives, there’s another slow down for the so called progressive nation that wishes to uplift the women. In a recent Supreme Court passing, it is judged that a Hindu man can seek a Divorce from his wife, if she tries to separate him from his parent’s house.

It is framed by the top men in black with nothing close to gender equality, something like this: Justices Anil R. Dave and L Nageswara Rao said, “It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income.”

Seriously? How could even they pass such law giving a push to the so well prevailing inequality? How on earth can they generalize such statements? If such judgements are being passed in a country that worships Goddess and at the same forgets to value the morals, I would say there isn’t anything so low as this judgement!! Does that mean the court registers every woman as a responsible person for a son-parents separation? Did Supreme Court forget about the Joint Family system that prevails in India, still flourishing? How did they sustain since years? Or Do they believe it’s only women who should be blamed for a son-parents separation? Why can’t it be the otherwise? Do Indian society ever think about a daughter-parents separation? Did any court for that matter ruled out in favor of women that she wouldn’t need to seek a permission from her husband or mother-in-law to visit her parents? Why the son and parents relations are more important than that of a daughter-parents?

I do not deny that there are women in India, who may be ‘may be’ are the reason for the nuclear families that is seeing a wider growth; however, did the court check out the reasons? It could be the mother-in-law harassment case, it could be Parents-in-law demands for dowry, It could be anything in which the woman may ask her husband to relocate!! What so ho-ha about it if both the daughter-in-law and the son is looking after the parents financially and of course who leaves them alone?

Also, where is the equality? Shouldn’t the judgement be the same for a woman, who leaves her parents to live with the man forever, can she seek a divorce? Why Indian laws always oscillate between lawful and lawless, will remain answered!! From the Judgement that the Supreme court passed it appears that sons are still preferred over daughters! Why is a daughter living with her parents is not so touched or even given a thought upon and here a freedom to seek a divorce is granted for sons? I would say again, I am annoyed by this sexist judgement of the court!! I don’t deny the fact that there are women who simply do not let her husband take care of his parents but there can be other solutions to this!! Is Divorce is an option, really?? Now any man who has least interest in his wife will offer an alibi and frame her into a fowl case!! What if a mother tried to conspire that her bahu does not want to live with them? It’s easy for them!

“In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income,” said the judges!

WOW!! How many of you do earn and give your equal pay in the expense of the family? Hardly few maternal families take money from their daughters once they are married!! The statement above just mentioned that women do not earn, the family members are just dependent on husband’s money! Is this an equality? Where are we heading? BACKWARDS!

Laws should be made but they should be passed keeping an eye on equality, on what grounds it is being judged! Heights of some of the shitty laws that seek women’s goodness on every step! No matter how helpful this law is for those men who really are with women of fowl minds, it should not be generalized at all! And so I am against it, Aren’t you?

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