Interesting ruling by the Punjab and Haryana court in favour of women

Discussion in 'General Discussions' started by satchitananda, Feb 13, 2012.

  1. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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    Hi all, got a very interesting bit of information forwarded to me just now. We have been having so many threads here where the wife does not want to have a kid, but says she is being pressurized to have one.

    The Supreme court had ruled that :

    and could hence be a valid ground for divorce.

    Now there is a new twist brought in by the Punjab and Haryana High Court which has in a ground breaking judgement ruled that "Mere consent to conjugal rights does not mean consent to give birth to a child for her husband".

    Am curious how the two contradictory viewpoints will be reconciled. Am sure this is going to be interesting to watch.
     
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  2. teacher

    teacher Platinum IL'ite

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    I think this would be more pertinent in the marriage forum...will definitely get more views there.
     
  3. justanothergirl

    justanothergirl IL Hall of Fame

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    Unfortunately the discussions also tend to be more emotionally charged and we tend to loose track of main focus of the thread (in this case the ruling ) and what it could mean.

    About the ruling.
    I think this is very important milestone. Traditionally in almost all cultures marriage has been tied to progeny.
    Questioning this automatic assumption will definitely change the way we view at things.
     
  4. teacher

    teacher Platinum IL'ite

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    This would be a tricky one...reproductive freedom is usually on the back burner even amongst women...the automatic assumption is that you get married and then you have kids. So much of it is in the 'roles' we assign to ourselves. How does one negotiate this without working on the underlying social rules?
     
  5. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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    Well, let us wait and watch for a day or two. If it does not receive any replies, maybe it could be moved back to the married forum.
     
  6. justanothergirl

    justanothergirl IL Hall of Fame

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    Yes and it could work both ways ...what if the men are not ready to have kids and the woman feels her biological clock is ticking...?
     
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  7. satchitananda

    satchitananda Moderator Staff Member IL Hall of Fame

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    I might sound brutal, radical or unreasonable, but I do feel that unless someone (meaning WE as women) start demanding our rights irrespective of whether it goes against social rules (so long as it is fair and just), social norms will not change. For who is it that constitutes society? WE as human beings and as women we constitute a good 50% of society. With fair minded persons amongst men who would stand for justice to women, social norms would definitely change.

    But the sticky point here is what happens then if men claim that they get married and want kids. If the woman unilaterally decides not to have kids or to abort a pregnancy, where does it leave the rights of men?
     
  8. justanothergirl

    justanothergirl IL Hall of Fame

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    Well said Satchi!I might be a minority but I somehow find the intrusion of law and courts trying to alter social norms very disturbing. May be that we as a society needed these in the first place is a reflection of how bad we let things get.
    But there are gaping holes in practically every ruling that the court seems to come up with these days.
    In the name of protecting the interests of women the courts seem to go the other extreme and leave men without any legal rights.
    Laws should be gender neutral in my opinion. This one is not.
    What if the man is not ready to have kids because he is not financially ready and the woman wants to have one..and pressurizes him? Does he have no legal rights?
     
  9. tanoshii

    tanoshii Platinum IL'ite

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    I would be worried about this. I understand it might look like men are not being given the right to their own preferences to have a child or not. But in the end, this too - wanting to have a child or not - becomes one of those questions you need to clarify before entering into a life long commitment.

    Won't this form the basis for more complications or say more interference in a relationship between a couple?
     
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  10. justanothergirl

    justanothergirl IL Hall of Fame

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    Yes I completely agree . Hence my fear of courts and laws trying to handle delicate social issues.
     
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