The personal laws of different
religions subvert womens right to equality guaranteed under the
Constitution.
In India, all religious communities have their own personal laws
governing marriages, divorce, inheritance, succession, custody and
maintenance. They are supposed to govern a woman's rights to equality
at home. However, in varying degrees, the personal laws of different
religions subvert women's right to equality guaranteed under the
Constitution.
Hindus, Sikhs, Jains and Parsis are governed by the Hindu Marriage Act,
1955 and the Hindu Succession Act,1956. For Muslims laws have been
nominally codified in the Shariat Act,1937, the Dissolution of Muslim
Marriages Act,1939 and the Muslim Women (Protection of Rights on
Divorce) Act,1986, whereas Christians are governed under the
Indian
Christian Marriage Act, 1872 and the Indian Divorce Act,1969.
Hindus:
Divorce: Recent trend is that many young, highly-educated working
couples go for "an agreement for separation" rather than fight it out
for years in a court. The legal separation for a Hindu couple,
normally, would take about a year, including the six-month mandatory
gestation period, allowing for reconciliation, if possible.
Property: Hindu Succession Act gives women an equal right to parental
property in the absence of a will; but it also makes provision for a
Hindu Undivided Family, where a son gets a share equal to that of his
father, while a daughter gets only a share in her father's share. She
can't reside in family home unless she's single or divorced and can't
claim her share of property as long as the men of the family continue
to live in it. A woman's right to agricultural property is also
similarly restricted to 'prevent fragmentation of holdings.'
Custody: Courts tend to award child custody to the parent with
financial security, adequate parenting skills and least disruption for
the child. Mothers get legal custody more often than not, with the
father getting visiting rights. Opinion of the child is also elicited
by the judge at the time of trial.
Muslims:
Divorce: A Muslim man can use the instrument of 'triple Talak' as the
easiest way for divorce. Whereas the law restricts a Muslim woman's
right to seek divorce by placing conditions that didn't exist in
Islamic Law and are difficult to prove such as cruelty and impotence.
She can file for divorce if husband is missing for at least 4 years,
failed to provide maintenance for 2 years, sentenced to 7 years
imprisonment etc.
Property: Women's right to property has Quranic sanction, but is
limited to half of what the male members get. However, the 1937 Act
categorically denies women any right to agricultural land.
Custody: Muslim Personal Law makes man the sole guardian of a child. A
Muslim woman is only entitled to Mahr or other properties given at the
time of divorce. In 1980s, when SC granted alimony in Shahbano case,
there was a hue and cry and the govt annulled it.
Christians:
Divorce: Christian couples can divorce through mutual consent, but they
have to wait out for two years. However, the Roman catholic church does
not accept divorce under Indian Divorce Act. Couples seeking to remain
within the church -- wishing to receive Holy Communion or remarry in
the church -- have to seek an annulment which can take years.
Property: Woman is entitled to have equal share in her former husband's
property.
Custody: Similar to the Hindu rights; decided by courts based on the
preference of the child.
http://www.deccanherald.com/Content/Jun292008/panorama2008062875922.asp
