LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Karan (NA)     22 September 2012

Validity of hma amendment

Hello Legal experts;

 

I have a query on amendment on Hindu marriage act that is expected to become law.

As per law , wifes to get share of husbands property.

Does this not break basic constitution of our country, Part 3 Fundamental rights ?.

Though I understand constitution allows to make special provision for women and children, this new law is descriminating on religion , thus not a single law for all religion and not all women benifited.

Can Supreme Court invoke its special power on any public request and sent back this amendment back to Parliment if in force tomorrow  based on descretion of religion ?

 



Learning

 4 Replies

Kiran Kumar (Lawyer)     22 September 2012

How this law would be discriminatory on the basis of religion?

 

Where is the question of basic structure of the Constitution in this proposed amendment?

Karan (NA)     22 September 2012

https://lawmin.nic.in/coi/coiason29july08.pdf

 => PART III ,  FUNDAMENTAL RIGHTS says

    The State shall not make any law which takes away  or abridges the rights conferred by this Part and any law
made in contravention of this clause shall, to the extent of  the contravention, be void

Right to Equality -=> The State shall not discriminate against any  citizen on grounds only of religion, race, caste, s*x, place  of birth or any of them.
(2) No citizen shall, on grounds only of religion, race,  caste, s*x, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to ...

 

There is surely inequality by allowing wifes to grab property of husbands. However pls note this is only for one religion - Hindus. This new law is not applicable for wifes belonging of other religion like christians,muslims etc  , hence my point descrimination on basis of religion.

Karan (NA)     22 September 2012

https://lawmin.nic.in/coi/coiason29july08.pdf

 => PART III ,  FUNDAMENTAL RIGHTS says

    The State shall not make any law which takes away  or abridges the rights conferred by this Part and any law
made in contravention of this clause shall, to the extent of  the contravention, be void

Right to Equality -=> The State shall not discriminate against any  citizen on grounds only of religion, race, caste, s*x, place  of birth or any of them.
(2) No citizen shall, on grounds only of religion, race,  caste, s*x, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to ...

 

There is surely inequality in s8x by allowing only wifes to grab property of husbands. anHowever pls note this is applicable only for religion - Hindus. This new law is not applicable for wifes belonging of other religion like christians,muslims etc  , hence my point descrimination on basis of religion.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register