‘Respect diversity in family laws’

Commission urges making adultery grounds for divorce for both men and women

The Law Commission of India has suggested certain changes in marriage and divorce laws that should be uniformly accepted in the personal laws of all religions, while holding that the uniform civil code “is neither necessary nor desirable at this stage” in the country.

The commission, headed by former Supreme Court Justice B.S. Chauhan, whose tenure ended on Friday, has come out with a 185-page consultation paper on ‘Family Law Reforms’, which says a unified nation does not necessarily need “uniformity”.

It said the best way forward was to preserve diversity of personal laws, even while ensuring they did not contradict fundamental rights guaranteed under the Constitution.

Saying that secularism cannot contradict the plurality prevalent in the country, the Commission said in the paper: “Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation.”

Suggesting amendments in marriage and divorce in personal laws of all religions, the commission advocated making adultery grounds for divorce for both men and women and to simplify divorce procedure. “While all family laws include adultery as grounds for divorce, it is important to ensure that the provision is accessible to both spouses,” the paper said.

The Commission said the filing of Section 498A IPC (dowry harassment) cases was actually done by women wanting a quick exit from difficult marriages.

It suggested that ‘Nikahnamas’ should make it clear that “polygamy is a criminal offence” and this should apply to “all communities”. The paper said: “This is not recommended owing to merely a moral position on bigamy, or to glorify monogamy, but emanates from the fact that only a man is permitted multiple wives, which is unfair.”

It favoured fixing the age of marriage for boys and girls at 18 years, saying the insistence on different ages of marriage between consenting adults must be “abolished”.

“If a universal age for majority is recognised, and that grants all citizens the right to choose their governments, surely, they must then be also considered capable of choosing their spouses.

“The difference in age, has no basis in law as spouses entering into a marriage are by all means equals and their partnership must also be of that between equals,” the report said. The Commission suggested that Parliament enact a law to address the issue of legitimisation of children born of live-in relationships that fail to reach the threshold of a deemed marriage.

The commission favoured fixing a universal age of marriage: 18 years for both men and women, saying spouses must have a partnership of equals.