Monday, October 12, 2009

Ex-law minister suggests women property laws are ineffective

Here is interesing news on alimony and discussion on women rights. It was organized in participation with a premier law school of India and a premier agency which tries to safeguard interests of women.

http://timesofindia.indiatimes.com/city/bangalore/Legal-eagles-discuss-alimony/articleshow/5113510.cms

Excerpt from news below followed by Comments:

Stressing on the need for a comprehensive law to safeguard women, governor H R Bhardwaj, who wielded the law baton in the UPA government's 2004-09 run, said: "The moment a woman marries, she's entitled to 50% share in her husband's property. There may be some issues with the minorities, but it should still be applicable to many.''

Comments: Shri Bhardwaj ji, Given that you were a previous law minister and having an all encompassing knowledge of law and justice system, can we know your proposals on the following cases about your 'comprehensive' law:

1. What if a woman marries a man, gets 50% entitlement to his property, and next day (or next month) files case against him under PWDVA, or worse say under IPC 498A? According to this 'comprehensive' law, she will get 50% property for a marriage that lasts anywhere from 1 day to 1 month or 1 year, and then she can go ahead and do the same on next husband (lamb to be slaughtered).

2. There is already laws to protect daughters' share in parents' property. Are you trying to suggest by your statement that that law is totally ineffective in protecting women rights to property? If sons' rights are protected by that, then won't that law be enough to protect daughters' rights also?

3. Are you saying that a daughter is now entitled not only to equal share in parents' property, but also entitled to share in husband's property? Have you discussed or thought of all the repercussions of this in a society which still does not have the mindset to give equal share to daughters?

4. Is this not a sinister way to introduce laws which instead of protecting daughters' interest by giving share in parents' property, make a daughter a burden to be removed and dumped on shoulders of husband and in-laws.

5. Have you discussed and found statistics on what has been the benefit of other women protection laws like Dowry Act, IPC 498A, PWDVA 2005 etc. How many women have benefited from them. And please don't tell us the number of cases filed as one of the benefits! Just as a hospital cannot claim to have done good job merely because it received so many emergency cases in an year, you cannot claim to have done justice if you simply claim that so many cases were filed under IPC 498A, PWDVA, Dowry Act etc!

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