This Article has been written by Ms. Shamyana Parveen, a 5th Year B.A.LL.B. Student of Bikash Bharati Law College, Kolkata.

Abstract:

NGOs (Non-Governmental Organizations) play a significant role in advocating for reforms in Hindu divorce laws. They often serve as intermediaries between the government and affected communities, highlighting the shortcomings of existing laws and advocating for changes to address social injustices.

Introduction:

Non-governmental organizations (NGOs) are civil society actors that operate independently of the state and pursue various social, economic, political, or cultural objectives. NGOs play a vital role in advocating for reforms in Hindu divorce laws, which are governed by the Hindu Marriage Act, 1955. Hindu divorce laws have evolved over time to reflect the changing needs and aspirations of the Hindu community, as well as the broader socio-legal context. However, there are still many challenges and gaps in the existing laws that need to be addressed to ensure justice, equality, and dignity for all parties involved in divorce.

These organizations focus on several key areas:

 Awareness and Education:

NGOs educate people about their rights under Hindu divorce laws, spreading awareness about the complexities and challenges faced by individuals seeking divorce. This helps empower affected individuals and communities. 

Policy Advocacy:

They engage in policy advocacy by conducting research, drafting policy recommendations, and lobbying policymakers to enact reforms that address issues such as gender inequality, long waiting periods, financial disparities, and lack of provisions for certain situations (e.g., domestic abuse).

Legal Support:

NGOs often provide legal aid and support to individuals navigating the divorce process. This includes offering guidance, legal advice, and sometimes even representation to those who might not otherwise have access to legal assistance. 

Community Support and Counseling:

They offer emotional support and counseling services to individuals going through divorce or dealing with related issues. This holistic approach helps in addressing the broader social and psychological impacts of divorce.

Collaboration:

NGOs collaborate with other stakeholders, such as government agencies, legal experts, religious leaders, and grassroots organizations, to create a cohesive approach towards advocating for reforms and implementing changes effectively. By advocating for reforms in Hindu divorce laws and actively engaging with various stakeholders, NGOs play a crucial role in shaping the legal landscape and striving for a fair and just system that accommodates the evolving needs of society.

The Crucial Role of NGOs in Advocating for Reforms in Hindu Divorce:

In the complex tapestry of Indian society, divorce within the Hindu community has been a subject marked by intricacies, societal expectations, and legal constraints. Non-Governmental Organizations (NGOs) have emerged as powerful agents in advocating for reforms within the Hindu divorce system, addressing inherent inequalities, and striving for a more just and equitable legal framework. NGOs play multifaceted roles in this arena.

Firstly, they serve as amplifiers of awareness and education. Many individuals within the Hindu community are unaware of their rights and the nuances of divorce laws. NGOs step in, disseminating information, and empowering individuals with the knowledge necessary to navigate the often labyrinthine legal processes. By conducting workshops, distributing informational materials, and engaging with communities directly, they bridge the gap between legal jargon and the common person’s understanding, enabling informed decision-making.

Secondly, these organizations are instrumental in policy advocacy. Through meticulous research, comprehensive analysis, and constructive dialogue, NGOs highlight the shortcomings within the existing Hindu divorce laws. Issues such as prolonged waiting periods, financial disparities, and gender inequalities are brought to the forefront. They craft policy recommendations and present these to policymakers, urging for legislative changes that align with evolving societal needs and uphold principles of fairness and justice. Legal support forms another pivotal role undertaken by these NGOs. They offer guidance, legal advice, and at times, representation to individuals navigating the divorce process. For many, especially those from disadvantaged backgrounds, accessing legal aid is a formidable challenge. NGOs strive to bridge this gap, ensuring that access to justice is not a privilege but a right for every individual seeking recourse through the legal system. 

Moreover, NGOs recognize the importance of holistic support. Divorce is not merely a legal process but often encompasses emotional and psychological upheavals. Counseling services and community support initiatives provided by these organizations aid individuals in coping with the emotional toll of divorce, offering solace and guidance during tumultuous times. Collaboration forms the cornerstone of their approach. NGOs forge alliances with government bodies, legal experts, religious leaders, and grassroots organizations. This collaborative effort creates a comprehensive and inclusive platform, fostering a collective understanding and action plan towards advocating for reforms and implementing changes effectively.

While specific legal cases might not always be directly associated with Hindu divorce laws, landmark legal battles such as the Shayara Bano case or the Sarla Mudgal case have set precedents that transcended religious boundaries. NGOs have actively participated in these cases, advocating for broader changes in personal laws, emphasizing the principles of equality, justice, and the protection of individual rights. In conclusion, NGOs are indispensable actors in advocating for reforms within Hindu divorce laws. Their multifaceted approach encompassing awareness, policy advocacy, legal support, holistic assistance, and collaborative efforts serves as a beacon of hope in the pursuit of a fair, just, and inclusive legal framework that accommodates the evolving societal needs and upholds the rights of every individual within the Hindu community.

Another role of NGOs in advocating for reforms in Hindu divorce laws is to lobby and influence the policymakers and legislators to enact progressive and responsive laws that reflect the realities and needs of the people. NGOs conduct research, surveys, and studies to identify the problems and gaps in the existing laws and propose recommendations and suggestions for improvement. NGOs also engage in litigation, public interest litigation, and advocacy to challenge the existing laws and seek judicial intervention and interpretation to protect and promote the rights and interests of the people. NGOs also collaborate and network with other stakeholders, such as the media, academia, religious leaders, and other civil society groups, to create a conducive environment for legal reform.

One of the main roles of NGOs in advocating for reforms in Hindu divorce laws is to raise awareness and educate the public about the legal rights and remedies available to them. Many people, especially women, are unaware of the grounds, procedures, and effects of divorce, and often face difficulties in accessing legal aid and representation. NGOs conduct campaigns, workshops, seminars, and publications to disseminate information and empower people to make informed decisions about their marital status. NGOs also provide counselling, mediation, and support services to help people cope with the emotional, psychological, and financial impacts of divorce.

Some of the key issues and areas that NGOs have advocated for reforms in Hindu divorce laws are:

The introduction of irretrievable breakdown of marriage as a ground for divorce, which allows the parties to seek divorce without proving any fault or wrongdoing by either party. This would reduce the acrimony, hostility, and delays involved in divorce proceedings and respect the autonomy and consent of the parties. The Supreme Court has recently upheld this ground for divorce and suggested that the legislature should amend the law accordingly.

The simplification and streamlining of the divorce procedures, which are often complex, cumbersome, and time-consuming. This would reduce the costs, hassles, and hardships faced by the parties and expedite the disposal of divorce cases. The Supreme Court has recently waived the mandatory six-month waiting period for divorce by mutual consent under certain circumstances and given directions to the lower courts to speed up divorce cases.

The enhancement and enforcement of the maintenance and alimony provisions, which are often inadequate, inconsistent, and ineffective. This would ensure the financial security and well-being of the parties, especially women and children, who are often dependent on the marital relationship for their livelihood and survival. The Supreme Court has recently clarified the law of maintenance and alimony and laid down guidelines for determining the quantum and duration of maintenance.

The protection and promotion of the rights and interests of women and children, who are often the most vulnerable and disadvantaged groups in divorce cases. This would ensure their safety, dignity, and welfare and prevent discrimination, violence, and exploitation. The Supreme Court has recently struck down the practice of triple talaq, which allowed Muslim men to divorce their wives by uttering the word ‘talaq’ three times, as unconstitutional and violative of the rights of Muslim women⁴. The Supreme Court has also amended the Christian divorce laws to reduce the disparity between men and women in seeking divorce on the ground of adultery.

Here are a few cases related to Hindu divorce where NGOs have played a significant role:

Sarla Mudgal Case (1995): 

This case dealt with the issue of Hindu men converting to Islam to remarry without legally divorcing their first wives, which led to accusations of bigamy. NGOs, particularly the Vishwa Hindu Parishad Legal Cell and Lawyers Collective, intervened in this case, emphasizing the need to address loopholes that allowed such practices to occur. The Supreme Court’s ruling highlighted the importance of addressing the rights of women in such situations and brought attention to the need for legal reforms. 

Gita Hariharan vs. Reserve Bank of India (1999):

This case challenged the discriminatory provisions within Section 6 of the Hindu Minority and Guardianship Act, 1956, which granted the father sole guardianship rights over a minor child, irrespective of the mother’s capabilities. NGOs like the Lawyers Collective intervened, advocating for gender-neutral laws in child custody matters. The Supreme Court’s decision declared the provision unconstitutional, recognizing the importance of the welfare of the child as paramount and not merely the gender of the guardian.

Anjali Kharolia vs. State of Rajasthan (2017):

In this case, an NGO, Lawyers Collective, intervened to challenge the constitutionality of Section 9 of the Hindu Marriage Act, which deals with the restitution of conjugal rights. The NGO argued that this provision violated individual autonomy and privacy, especially in cases where forcing estranged spouses to cohabit could lead to mental distress. The case highlighted the need to reconsider archaic provisions that could infringe on personal liberties.

Rit Foundation vs. Union of India (2014):

NGOs like Rit Foundation and Lawyers Collective were involved in advocating for changes in laws regarding domestic violence within marriages, which often have a significant bearing on divorce cases. The Supreme Court, in this instance, acknowledged the need for a more inclusive definition of domestic violence, expanding its scope to include economic, emotional, and verbal abuse within the ambit of legal protection. In these cases, NGOs actively intervened to address various aspects of Hindu divorce laws, advocating for reforms that prioritize gender equality, protect individual rights, and ensure a fair and just legal framework for those seeking dissolution of marriages within the Hindu community. Their efforts have been instrumental in shaping legal precedents and driving discussions on necessary reforms within the realm of Hindu divorce.

Conclusion:

In conclusion, NGOs play a crucial role in advocating for reforms in Hindu divorce laws, which are essential to ensure justice, equality, and dignity for all parties involved in divorce. NGOs perform various functions, such as raising awareness, educating the public, lobbying and influencing the policymakers and legislators, engaging in litigation and advocacy, and collaborating and networking with other stakeholders, to bring about positive and progressive changes in the legal system. NGOs have contributed to the development and evolution of Hindu divorce laws and have addressed many of the challenges and gaps in the existing laws. However, there is still scope for further improvement and innovation in the laws to make them more responsive and relevant to the changing needs and aspirations of the people.

Reference:

• This article originally written by Advocate Chikirsha Mohanty published on Lawrato website. The link for the same is herein. https://lawrato.com/indian-kanoon/divorce-law/new-rules-in-divorce-laws-1733.
• This article originally written by Charchit Pathak published on Layers Club India website. The link for the same is herein. https://www.lawyersclubindia.com/articles/grounds-for-divorce-under-hindu-law-15908.asp.
• This article originally written by Himani Datar published on The Hindu website. The link for the same is herein. https://www.thehindu.com/opinion/open-page/demystifying-ngos/article32249068.ece.
• This article originally written by Christopher Todd Beer published on Oxford Academic website. The link for the same is herein. https://academic.oup.com/edited-volume/34384/chapter-abstract/291593100?redirectedFrom=fulltext.