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Activists protest against 'flawed' divorce Bill

New Delhi: Aug 20 , 2012 DH News Service 0:47 IST
Child rights and social activists protested at Jantar Mantar recently against implementation of the proposed ‘No Fault Divorce Law’ which the Cabinet approved few months back.

Child Rights and Shared Parenting (CRISP), an NGO which works on the serious effects of parental alienation of children due to single parent families on account of divorce or separation has demanded that the bill should be gender neutral like the Hindu Marriage Act.
CRISP members expressed concerns on the proposed amendment of marriage law bill and 'no fault divorce' and recommended certain change to the proposed bill in the interest of minor children to the committee set to make the bill.

“We had made it clear to the committee that the present bill does not deal with matters like custody of the children, visitation rights etc. The bill is based on the flawed presumption that the child is best taken care by the mother only,” said Kumar V Jahgirdar, president, CRISP.
According to Jahgirdar, India does not need the concept of ‘No Fault Divorce Law’.

“If the law is enacted, then men or women will get divorce even if their spouses do not want it. With the proposed bill, in name of use of Section 15(3) of the Constitution of India, Section 15(1) is under complete violation when it does not allow one gender (male) to contest his own case. The Bill curtails the fundamental Rights to Equality before Law as granted by Constitution to every citizen,” he said.

The members demanded that children must be given access to both parents in case of divorce or separation.

“According to the proposed bill, the husband cannot challenge the divorce petition filed by his wife, on the grounds of financial hardship which is a gross violation and against the principal of natural justice,” added Jahgirdar.

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