DIVORCE IS NOT HINDU

Questions the adequacy of the Hindu Marriage Act of 1955 to address all the stake holders in question. Argues that divorce is a three-party affair with children as a major player and their concurrence is key to fair and just decision to award divorce.

“Divorce is Not Hindu” questions the adequacy of the Hindu Marriage Act of 1955 to address all the stake holders in question. Though the act considers the husband, wife and children as part of the family unit but when it comes to its dissolution, it does not provide the equity right to the children to have a say in the decision making. This is a very limiting factor in perpetuating healthy generations.

Going by the growing population of divorced stricken emotionally wrecked children of the parents who had sought dissolution, this essay is probably the first to red flag the likely consequences if the children do not participate in the marriage dissolution process.

Divorce across academic and popular literature has been supported as a progressive measure that upholds the autonomy, right to personal happiness and avoids coerced relationships. Its worthiness is strongly pitched against staying in a marriage solely out of societal or familial expectations that can result in coercion, which is ethically problematic. People should not be forced to sacrifice their personal integrity and emotional health.

The Institution of Marriage, centuries ago was regarded a sacrament by Hindus, rather than a form of social contract, since they believed that all men and women are created to be parents. The following values that were considered essential or natural to a marriage - Women are subordinate to men; Marriage is lifelong; It is between people of the same caste, have now been replaced with a new set of values that have disrupted the social fabric of the society.

Divorce was rare and socially stigmatized. Hindu law did not traditionally provide an option for divorce, and separation was only accepted under extreme circumstances.

 The concept of Marriage in fact has gone through a paradigm shift - from arranged marriages to love marriages; subordination to mutual respect, equality and individual freedom; cohabitation and DINK syndrome; increased divorce due to family greed and selfishness, excessive costs.

The family unit though still is the building block of society, has been weakened by increasing divorce rate. The belief that stable and intact families create stronger communities has been undermined by divorce that is breaking down the social fabric.

Divorce, while still a sensitive topic, has become more accepted, especially in urban areas. Indian law now recognizes the right to divorce, and Hindu couples can legally end their marriage on grounds of incompatibility, cruelty, or desertion.  Remarriages among women has become socially more acceptable.  

The essay concludes with an argument that divorce is a three-party affair with children as a major player and their concurrence is key to fair and just decision to award divorce. It argues that the children participating should be emotionally matured to participate in the decision making.

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