Get Inspired, Be Empowered › Forums › Sexism & Patriarchy › Divorce needs to be normalized- effective steps to remove stigma. › Reply To: Divorce needs to be normalized- effective steps to remove stigma.
Very rightly stated Divorce is the most prevalent stigma in India since time immemorial. Indian society are conservative in nature where Marriage as a sacrament implies a permanent and indissoluble union. It was considered a union not only for this life but for the lives to come. Among Hindus marriage is a necessary sanskar, every Hindu must marry as man is incomplete without his wife and it is wife who completes him. This was and at present too is the mindset of our Indian society in particular.
However, the need of the hour is to normalise Divorse apart from all these theories. It should be recognised here that parties have same freedom of divorce as they have of marriage. As per Family Law in India there are 3 theories of Divorce which includes:-
1. Fault Theory of Divorce, which is also known bas the guilt theory and which lays down that the party seeking divorce must be an innocent party, which means that Divorce shall only be filed in case one party has committed matrimonial offence against another.
2. consent theory of divorce States that if marrige is a contract based on mutual consent of parties, the marriage should be dissoluble by such mutual consent of the parties too. It is recognised many countries which include Belgium, Sweden, Japan, Portugal United States and United Kingdom etc.
2.Breakdown Theory of Divorce was propounded because both the fault theory and the consent theory had failed to provide adequate relief to the parties.
Here, in all the theories above mentioned provided women with an option to end their marriage at their own will subject to certain conditions. The courts had opined in many cases that purpose of Divorce Law was not to punish the guilty spouse but to protect the innocent one.
Divorce was given a fair recognition in Law but it somehow failed to gather acceptance in society as the women who filed for Divorce or took a decision of seperation from their current relationship were looked upon by the society, considered mean and selfish.
I fail to understand here why women are always expected to tolerate all the abuse, misbehaviour and why she can’t step out of the institution of marriage. Why is our society always eager to judge and never up to understand what these women go through? Why we can’t just accept it all and support our daughters and sisters who take such decisions?
Change begins from home and in the Modern Era today there is no space for such stigma which not only bounds the person freedom and will of a women but also restrict the growth of the society and the nation as a whole.
Modernization is not only a lifestyle but a growth of new and innovative mindset too.