SC verdict on divorce: In India, tradition beats freedom to choose

The SC recently ruled that if wife of a Hindu man forces him to separate from his aged parents and enjoys his income, then it is a valid ground for him to divorce his wife.

Written by Kanishka Singh | Updated: October 9, 2016 9:11 pm
Domestic Violence Act, Domestic Violence Act Supreme Court, Supreme Court Verdict, Domestic Violence Act Protection of Women, violence, Harassment, Supreme Court, SC, India news The judgment said that it is the pious duty of the son to take care of his parents and he can’t be expected to leave them.

In India, tradition rules supreme. It doesn’t matter even if a tradition is draconian or violates an individual’s right to choose. Tradition is supposed to be the ‘right thing’, no questions asked. All those who raise a different opinion are branded immoral or ‘western’. Indian society is by and large driven by a supremacist thought that our culture is the best in the world.

The Supreme Court recently ruled that if the wife of a Hindu man forces him to separate from his aged parents and live away so that his income is enjoyed entirely by her, then that is ground for him to divorce his wife. The judgment said it is the pious duty of the son to take care of his parents and he can’t be expected to leave them.

While it is noble to take care of one’s parents, why does the same cultured society forget that the girl’s parents are also left behind at the time of the marriage. That is fair in the eyes of our society.

While judiciary is not known to take decisions based on traditions and the apex court has taken commendable decisions on matters like live-in relationships and abortion rights, this incident is just another case of patriarchal culture given preference over individual liberty in a married relationship. While it is right to be proud of one’s culture and good traditions, it is the responsibility of every empowered individual to raise a question against traditions that we are forced to follow.

In some place women are not allowed to enter temples. Disbalanced right of inheritance, mistreatment between kin with regard to gender, parents taking the decisions for their children even after they attain adulthood. Taking away the freedom to think, act and choose reduces the person’s existence to only following decisions someone else is taking for them. Our tradition brands a host of things, acts, professions, relations, hobbies etc as inappropriate because the ancestors were not that clear headed to let these things exist in society.

Indeed, embracing one’s cultures protects the identity of a society. However, traditions also need to evolve with times. Instead of taking from other cultures, we should focus on rights being impinged by these traditions. If we just make sure that we don’t take away someone’s rights or don’t cause emotional anguish to anyone in the name of tradition, then the furtherance of traditions is more meaningful.

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    Sadanand Patwardhan
    Oct 10, 2016 at 4:42 am
    An Over the Top Reaction to Over The Top Judgment. A simple divorce case that needed a simple, straightforward judgment has fallen prey to Apex Court's penchant for giloquence and sweeping generalisations.lt;br/gt;Patriarchy and religion are the achille's heel of even our "venerated" supreme court.lt;br/gt;
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    1. S
      Sadanand Patwardhan
      Oct 10, 2016 at 4:42 am
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        Prakash
        Oct 9, 2016 at 10:11 pm
        In Christian church after church around the world, reports have come to light about children being molested by someone missionary padre priest bishop and nuns in the place where they should feel safest. The Roman Catholic Church is reeling from staggering financial judgments in lawsuits filed by molestation victims. Most of these cases have come into the spotlight many years after the secsxual molestations occurred.lt;br/gt;lt;br/gt;For decades, the Catholic Church quietly settled abuse cases out of court and shuffled peeadopile Chrisian priests to different parishes. Not until the early 1980s did the news media start digging into allegations that had surfaced in places such as New Orleans, Louisiana.1 In 1992, the Boston scandals began a nightmare of litigation for Roman Catholic diocese administrators in the United States. After more than a decade, the end of litigation is not yet in sight. This is just the start.
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          Hola
          Oct 9, 2016 at 12:55 pm
          Indian society is by and large driven by a "supremacist thought" that our culture is the best in the world.lt;br/gt;lt;br/gt;There is no name of the SC judge mentioned in this article. But I am very sure that the SCam judge is a brahmin bstrd.
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            FK.off.Supremacist.Judge
            Oct 9, 2016 at 2:37 pm
            "Jndian society is by and large driven by a "supremacist" thought that our culture is the best in the world.
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              FK.off.Supremacist.Judge
              Oct 9, 2016 at 2:34 pm
              What the FK is supremacist thought. Are the judges gone mad? I am sure the judge is a brahmin scoundrel. Only those scoundrels STILL cling on to SUPREMACIST THOUGHT! Misfits! Unfits!
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                Amar Akbarh
                Oct 9, 2016 at 9:51 pm
                There is something wrong with all these pressutes like Kanishka Singh. They have gone insane. No more logic in their writing except hate and spread of hatred against Hinduism and Hindus. Unfortunately the media is now controlled by Christian child molesters, Muslim jihadi and anti Hindu Commies.
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                  hitender
                  Oct 9, 2016 at 7:25 pm
                  Author of this news has taken liberty to dump his/her views on court decision. Should we read it as news or hollow thoughts of an individual?lt;br/gt;lt;br/gt;In any case, no matter what you practice, it will become tradition and Indians are known across globe as 'close knit family system'. Court did not say that vice a versa situation is not legitimate case for divorce.
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