Editor,
In a landmark ruling the Supreme Court has said that adult girls engaging in prostitution is not illegal and they must not be raided, victimized or harassed. The Supreme Court held the view that consenting adult sex is legal and such people have the right to do so. This ruling underscores people’s right to engage in consensual sex. In our country sexual act is considered a taboo and even talking about it is considered unpleasant. Sex is a biological need and people must not be prevented from engaging in consensual sex. Too much control and restrictions on having sex leads to sexual crimes. Voluntary prostitution is legal but running a brothel is illegal. Running a brothel may cause human trafficking, coercion and other atrocities. Although the Supreme Court has given such a judgement on adult prostitution, it has its negative side as well. With the backing of this ruling, adults and under- aged girls may be dragged into the flesh trade and they may end up in brothels. There is a likelihood of misusing such a ruling and prostitution may flourish leading to health hazards and other social problems.
Yours etc.,
Venu GS
Kollam
Streamlining Alimony for Daughters
Editor,
As the name goes, Social “Justice” which is implied in the names of the two ministries namely the Ministry of Social Justice and Empowerment and Ministry of Law and Justice, it would be apt if the support for the daughter(s) by the father who is divorced from his wife to be up to 23 years. By doing so, Justice and Equality is achieved for the males of India as enshrined in the Preamble and in the Fundamental Rights to the Indian Constitution.
The suggested and propositioned 23 years is a 5-year age relaxation in alimony for daughter(s) when compared to the alimony for son(s) which is 18 years. 23 years is also the age which the daughter(s) will finish basic fundamental bachelor’s graduation degree. Thus, a “Cut Off Age” of 23 years should be set up for which the daughter(s) by then, should have finished the critical Bachelor’s degree should she decide to pursue her studies. Should she quit her studies mid-way, the support will be the same which is 23 years in the public interest of “Women Empowerment”. If the daughter(s) want to extenuate their degree by pursing a Master’s or especially her PhD, then the father should not be mandatorily obligated by law to support the daughter(s) since it is the daughter(s) personal ambition. Moreover, there are various sorts of central and state scholarships to support the daughter(s) especially for a doctoral degree. Graduation degree is the degree where a person can get 90% of private jobs, state and central government jobs including Civil Services Exams should the person(s) pass these exams.
Consider this fact, in rural areas or in poor families of both rural and urban areas where parents are either farmers or daily labourers living from hand to mouth, no support is given by the father to mother and her children or their many children when they have separated for good or when the father has fled away especially in cases of co-habitation which is very common in poor families especially in rural areas. And even when they are married in a low key manner, they cannot afford a lawyer for divorce nor can the mother file a case for child support. There is a huge percentage of fathers who do not pay child support in India which is why there is so much poverty amongst the urban poor and more so in rural areas. At least here in this case which I am proposing, the father who is either a salaried person or a businessman is actually paying for child support. What I am simply doing here is making the case for paying alimony to support the daughter should be up to 23 years.
As per the current unjustified law, the father has to support the daughter(s) till the time they get a government job which is extremely scarce and hard come by in this day and age or to start her own business which is also extremely difficult to acquire a shop because of heavy down payments. The father will be financially restricted in starting a new family since he has to support the grown-up daughter(s) till she is old if the daughter(s) remain unemployed or unmarried. There is no formulated mechanism in place to ascertain whether the daughter has got a job or a non-permanent job or is married especially when the father or daughter(s) have moved to distant places or are in a huge city where its difficult to keep track of them. Having a cut off age of 23 years, negates all these complications. This is also extremely unfair to the father because he will not be able to support the new family who will have to look after him till the time of his death. His new family will face financial hardships since he will not be able to give the best for his children from another wife in all spheres of their lives. And if he has a third wife should his second wife also choose to divorce him., then the father will be at a severe financial disadvantage. He will become an emotional wreck and will surely have severe mental health problems, irrespective of whether he is a daily wage earner, salaried person or businessman. As per current law, there is no “Cut Off Age” for daughter(s) which severely lacks justice and equality and must be changed immediately.
We have seen throughout the world that when the parents are divorced, in 90% of the cases, the mother always gets full custody of the children since the law is tilted lopsidedly towards women leaving the father with no one to look after him and the father having to start his life all over again with a new family. This is more glaring in a matrilineal state like Meghalaya. In the interest of “Justice” by the Ministries of Social Justice and Law and Justice, this decadent extremely unfavorable law must be immediately amended so that these Ministries live up to their names.
The Ministries of Social Justice and Empowerment and Ministry of Law & Justice should act in a synchronized manner and as a single cohesive unit to make sure that the Preamble and Fundamental rights to the Indian Constitution of Justice and Equality are strictly followed which this archaic Alimony Law for daughter(s) does not follow at all. This current Alimony Law for Daughters promotes financial detriment and adds to the deterioration of the physical, mental, emotional and psychological wellbeing of divorced or separated fathers. This Law has been a cause of great aggravation to the fathers and serves as a deterrence for future modern male fathers to start a family in our beloved nation of India.
This Law also indirectly encourages female feticide because of the lack of a cut off year of 23 years support for daughter(s). This Law must be absolutely and fundamentally changed this year by these two ministries and be passed by the Union Cabinet, both the Union Legislatures and finally assented to by the President this year. The time has come for reforms and changes. After Amendment, the Hindu Adoption and Maintenance Act, 1956 should be expanded to all religions and should not be specific to any religion in India.
Yours etc.,
Melarbor L Thabah,
Via email
