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Are PRENUPTIAL AGREEMENTS just around the corner? With an alarming increase in divorce queries and cases, the youngsters planning to tie the knot must consider PRENUPTIAL agreement before taking their vows to safeguard themselves . Marriage in India is considered sanctimonious but there’s no harm in seeing it in a practical manner where both the parties know where they stand in the shadows cast by marital breakdown.Prenuptial agreements can help in avoiding acrimonious battles in the courtroom and will definitely save the courts' time. If prenup agreements are made diligently, both the parties can benefit without any bitterness. PRENUPTIAL agreements are currently not recognised in India but a few couples have attempted it by entering into an agreement under Indian Contracts Act . However, the same have not been upheld in the Courts. The ministry of women and child wants to make prenuptial contracts legal and some serious discussions were carried out in 2015 but the progress on this front is slow. However, slow progress is anytime better than no progress. As and when laws are made on prenuptial agreements in India, it must be ensured that these are gender neutral. Also, family wealth should be kept out of any settlement/agreement clause and only the wealth which is created during the period of marriage (common property of the couple) should be liable to be shared/ divided. Not only the material issues, even other issues like maintenance, child custody etc can also be addressed in the prenuptial agreements. KMLAWASSOCIATES is a Dwarka based Law firm with an unmatched success rate in divorce and other matters pertaining to marital discord/family disputes in New Delhi, NCR.
A 2 days old baby girl is flushed down the toilet by her own parents. A man in UP hangs up his wife, beats her, makes a video of the same and sends to her parents for demanding dowry. A daughter is denied a share in her father's self acquired property. A girl is raped. Such incidents and even more gruesome crimes are committed against the women in our country but why is it that rapes get more attention as compared to other forms of crimes like female infanticide, acid attacks, sexual harassment/exploitation, dowry deaths, cheating, murder, wife battering, maltreatment at home, honour killings? Is it because'sex sells' even in crimes? The rape crisis is just one facet of the multitude of problems that reflect the gender discrimination scenario in our country which are seen right through'womb to tomb'. It's quite interesting to see how in the wake of brutal rapes and murders, the whole country takes a 'holier- than- thou' stand, passes quick judgements on the accused, without analysing their own conduct and contribution in crimes against women. Popular media is rife with news of rapes which appear to be the most rampant and high profile of all the crimes against women. This hype in the media compels us to believe that rapes are on a dramatic rise. However, studies have shown that rapes have, more or less, followed a flat trend while the most dramatic rise has been seen in number of cases registered under cruelty by husband and his relatives. Cruelty by husband and his relatives, domestic violence and dowry related crimes account for more than half of the crimes against women. However, these are not considered worthy of our attention since the very powerful media is busy covering certain brutal and violent incidents having political undertones. India is traditionally a male dominated society where masculinity is about men acting tough, freely exercising their privilege to lay down the rules in personal relationships and above all, controlling women by making them limited and obedient to perform different functions of daily life. There are many laws but 'brutalisation of women 'seems to be on the rise and becoming too broad. Thousands of girls are becoming victims of this evil on a daily basis, which reduces their self respect, dignity and status, thereby hindering the social, economical, political and cultural progress of our country. Male dominated societal norms, economic dependence, overall lower status of women further exacerbates these crimes . Politicians are only as good as the people. Beastial masculinity and inefficiency of judicial and political system is a daunting challenge. We as a society need to modify our mindset regarding women and get our act together to accept them as human beings with equal rights, deserving equal respect and status. There is an urgent need for stricter laws, faster convictions, larger representation of women in judiciary and law enforcement. However, these are also symptomatic measures. Our society needs deeper surgery and extensive treatment, starting at home and continuing through years of schooling and beyond, which is undoubtedly a generational effort which must be collectively made by HRD and law ministry. As the journey of a thousand miles begins with one step, we should let these incidents be the trigger which forces our society to take this first step. Let's start now.
Today, on this first day of 2018, when everyone is busy wishing their near and dear ones 'a very happy and prosperous New Year 2018', it's the Muslim women who have the most to smile about as they find liberation and empowerment with the help and support of the present Govt-their newfound ally. Muslim women have , for long, experienced pain and difficulties due to the practice of Triple Talaq. But now, after a long fight, this inhuman and evil practice has been abolished, bringing joy and relief to the Muslim women. Adding further to their rights, leading to happiness, they can now go for the Haj pilgrimage without 'mahram'(an adult, male blood relative or husband). For the past 70 years, Muslim women have been suffering the injustice of the policy which allowed them to perform Haj only in the company of a male guardian. Such a restriction is not prevalent in many Islamic countries and the scrapping of this rule will have a far reaching impact on our image as a society. These two major steps , abolishing Instant Talaq and removal of the restriction of having a 'mahram' for Haj pilgrimage , will provide equal opportunity to Muslim women and will enable them to proceed simultaneously on the path of progress . KMLAWASSOCIATES, the best law firm in Delhi NCR provides expert legal services to women who suffer from gender based discrimination, either in family/society or workplace.
Different legal ages for girls and boys to tie the Knot is a discriminatory practice . Legal voting age in India is 18 for both boys and girls but the legal marriageable age is 18 for girls and 21 for boys which indicates that more maturity and experience is required to handle a girl than to handle a country. When both boys and girls enter the schooling atmosphere at the same age and grow there till the age of 17 then how or why is it that girls are considered more mature and ready for marriage at 18 while the boys aren't? This law seems to be made by people who were mentally immature to understand the meaning of equality . Moreover, the reason behind the 3 years age difference is not known to anyone and definitely lacks scientific logic . The reasons cited by the majority of parents behind 18 years being set as the marriageable age for girls was poverty , fears about girls’ safety and a perceived lack of other options . This discriminatory practice of marrying girls at 18 years of age against boys who are marriageable at 21 has a far-reaching impact on the society and Nation as a whole . When girls are married off at 18 , it's the only life that they know.Just out of school and with very few employment prospects , they are dependent on their husbands (who themselves may not be professionally and financially independent at the age of 21 ). As a result, the girls are more vulnerable to abusive relationships as they have few options to leave and provide for themselves. Marriage is no joke and contrary to the popular belief , girls do not have enough maturity to get into a lifelong commitment at 18 years of age . They are often forced into these marriages by their parents .Their immaturity , lack of ability to take decisions and early pregnancy lead to frustrations, separation and divorce. Today, there are more opportunities , more choices, more knowledge and expectations from life which an 18 year old girl may not be able to avail as she is married off by her parents by that time. When the voting age can be reduced from 21 to 18 as done in 1988 , it’s time we amend the marriageable age in our country . Not only should it be increased to 25 but also kept same for both boys and girls as the regions of human brain which are crucial for decision making, anticipating consequences , rewards and risks do not reach maturity until 20s. Also, the boys become professionally and financially independent around the age of 25 years and hence can take on marital responsibility . As a progressive Nation, a new set of goals for national development are required with a desperate need to empower girls to prevent them from getting married at an early age as 18. They also need more time like boys to stand on their own feet . Once girls complete their education up to a minimum level of graduation or diploma , they have access to jobs that can earn them a living and help them in supporting their families . There is a need to remove this discrimination in terms of different legal marriageable age of boys and girls and provide them equal time and space to enter Matrimony . It’s time to embrace roles for girls beyond wedlock which will make them more responsible and financially independent.
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