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India’s Supreme Court heaps
shame on Hindu Marriage Act
WSN Network
 NEW DELHI:
For
years, saner sections across the country, and the Sikh community in
a very shrill voice, has been pointing out the many problems with
the Hindu Marriage Act, apart from of course the violence in its
very nomenclature against the non- Hindus, but the Indian Nation-
State, in love with its brahamanical agenda, remained deaf to the
cries of anyone on the right side
of logic.
Now, it has the
shame of listening to its own Supreme Court saying the Hindu
Marriage Act has broken more homes than uniting. On Tuesday, while
listening to a divorce petition, so perturbed did a Judge of the
Supreme Court of India become that in the open court he not just
expressed anguish at the increasing number of divorce cases but
minced no words in saying that the Act “has broken more homes than
uniting.”
The words of
wisdome came from none other than Justice Arijit Pasayat, who was
heading the vacation Bench. No doubt that he took the argument
logically forward and said the “growing number of divorce cases in
the country is having a disastrous effect on children of families
which get broken.”
In a lighter
vein, he said: “Nowadays even at the time of marriages, anticipatory
divorce petitions are being filed.” Justice Pasayat told the couple
that the court was concerned about the welfare of the child rather
than their mutual recrimination. “Ultimately the child suffers. If
it is a girl, the trauma is more, particularly at the time of the
marriage of such children.” Justice Pasayat said: “The provisions
under the Hindu Marriages Act for grating divorce on grounds of
either of the spouses suffering from diseases like leprosy and
mental illness are being misused by some couples. Those days, our
forefathers never had such problems and marital disputes were sorted
out within the four walls of the house.”
The bench
comprised of Justices Pasayat and G.S. Singhvi. Unfortunately, the
BJP also has an agenda of the Uniform Civil Code but that is again
aimed at confusing the issue as BJP's real aim is to implement the
Hindu Marriage Act on all communities. Its demand is aimed more
against the minorities than any reformist agenda. The Siksh have
been asking for a Sikh Marriage Act but the state government was
jolted into action only after Pakistan took the lead and brought in
a Sikh Marriage Act before India could do so.
18
June,
2008
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