65.1 Summary
Please google on Love-Jihaad and you will find 100s of articles describing the problem. So I will skip problem description. As per the causes, most leaders dont want to let their activists know that bad laws are the problem and solution is fixing the bad laws. So the leaders such as RSS-leaders, BJP-leaders, VHP-leaders etc insist on telling activists that “do not focus on law-change, focus on spreading information about problem so that votes can be generated in favor of BJP”. I will explain how bad-laws have increased the problem and fixing these laws can reduce the problem..
65.2 How bad law has worsened the problem?
One asymmetry in the existing laws is that a muslim boy has nothing to lose and hindu girl has everything to lose if the marriage goes sour. Because the boy can have one more wife, or say Talaq-Talaq-Talaq and end the marriage or threaten to say TTT and keep control. Whereas if a hindu boy marries muslim girl, and marriage goes sour, then there are several laws such as 498A, Domestic Violence Act etc which can come as relief to the girl. So a muslim boy doesnt need to worry about possibility of marriage going sour while a hindu boy has all to worry.
65.3 Solution
The asymmetry can be removed by enacting a new not-unfair law-draft that widens the choice to girl. How? Say a muslim girl marries hindu boy and marriage goes sour. Then new law-draft should allow her to use any of the two — hindu marriage act or muslim marriage act — as per her choice. She may use Hindu marriage act, as that gives her stronger position. And same way, if hindu girl marries muslim boy and if the marriage goes sour, then the hindu girl should be allowed to use any of the two — hindu marriage act or muslim marriage act — as per her choice. The choice will remain even if she has converted to Islam before or after marriage and no matter whether marriage ceremony was held in court or temple or mosque. She may use hindu marriage act as that gives hert a stronger position. And that may enable her to void Talaq-Talaq-Talaq, invoke 498A, invoke DVA, void polygamy
Once the above mentioned new law-draft comes, the muslim boy will NOT be able to show a “why bother about possibility of marriage going sour” attitude. He will start using discretion prudently. And this will reduce the mess. And those who oppose the above proposed law can be portrayed as anti-woman and this publicly cursed and dismissed.
65.4 What can YOU do to decrease asymmetric marriage laws?
Please read chap-13 of this book http://rahulmehta.com/301.htm . It has several steps where-in you can spend 6 hours a week and help to bring TCP draft in Gazette in India. The steps involve distributing pamphlets, informing citizens on motives of leaders such as Congress MPs, BJP MPs, The Anna, Arvind Gandhi etc who oppose TCP draft, by giving newspaper ads and contesting elections. Once TCP gets printed in Gazette, using TCP, it will become easy for activists to get citizens’ opinion law-drafts necessary to enact laws that empower woman after marriage. Once law-drafts which allow woman to use either of the marriage codes – the one she was born in or one her husband has, her status would improve. And false courage men have to misuse their bad marriage code will decrease.
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