This article has been written by Ms. Kumari Komal, a IIIrd year student Pursuing B.A.LL.B. at Lloyd School of Law, Greater Noida.

ABSTRACT: 

Divorce, a complex and emotionally challenging process, often leaves individuals grappling with legal, emotional, and social ramifications. NGOs specializing in family law and social services play a crucial role in empowering, guiding, and advocating for individuals navigating these difficult circumstances. Through a multifaceted approach, these organizations offer a range of support services, including legal aid, counselling, educational resources, community programs, and advocacy efforts. It has diverse ways in which it supports divorced individuals, facilitating access to legal knowledge, emotional resilience, community networks, and empowerment strategies. There is a collaborative relationship between NGOs and individuals undergoing divorce because of the invaluable role played by these organizations in fostering resilience and facilitating a smoother transition through this challenging life event.

INTODUCTION:

Marriage as a basic institution has been described as one of the important and fundamental relationship. Marriage is found to be one of the strongest correlates of happiness and well-being. This union establishes various rights and obligations between the spouses in order to coexist. However, conflicts in marriage are inevitable. Conflicts may arise due to several reasons such as unfulfillment of expectations, lack in performance of responsibilities, differing perspectives, spouse abuse, sexual abuse, incompatibility and so on. These conflicts if not handled properly, causes friction and eventually disruption of marriage. In common language this disruption of marriage is known as divorce. Divorce usually entails the cancelling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body.

Divorce is a very common outcome of marriage nowadays. But earlier, the concept of divorce did not exist as Hindu marriage between two people was considered as a sacred union which lasts till eternity. Once it came to be established that marriage is a civil contract, it was a logical step to recognize that it was also a dissoluble union. However, as marriage is also regarded as a social institution and not merely a transaction between two people, therefore it was argued that there was a social interest in preservation and protection of the institution of marriage. Thus, marriage was regarded as a special contract and so it could not be put to an end like an ordinary contract. But still there was a way by which could be ended if the parties wish to do so. Divorce, as a legal option for separation, was identified and practiced in British India in the year 1869 which was majorly for the Christians seeking divorce lawfully. In India, there was no legal framework that could formalize a divorce or allow for it. Later in the year 1955, the Hindu Marriage Act was formed, to enable people to file for a Divorce Under Hindu Marriage Act.

India has a lower divorce rate than many other countries in the world. The social-cultural nominal in Indian society heavily depends on people’s perspectives and what a naked eye sees. We live in a society where we still fear what our parents or community will think of our decisions. The other factor responsible for the lower divorce rate is the deep-rooted involvement of parents and peers in a relationship amounts to a sense of belonging and responsibility towards other people’s families. They can’t give up on a person because there are other entities involved in a particular relationship. The scope of talking things out and resolving issues is much greater in Indian households as the availability of spare ears is way more than what other parts of the world experience.

A Non-Governmental Organization is a social service organization working towards a better and stronger society. True to its name, perseveres to bring a positive change by uniting folks that share a common vision. One of the ways by which the NGOs have contributed to the betterment of Indian society is by promoting PIL. NGOs have actively identified social issues that require legal intervention and filed PILs in Indian courts. Non-Governmental Organizations (NGOs) play a crucial role in supporting divorced individuals by providing various forms of assistance, guidance, and resources NGOs play a critical role in providing holistic support to divorced individuals, addressing not only their immediate needs but also helping them rebuild their lives and integrate back into society in a positive and empowered manner.

Some NGOs have been given a great opportunity to assist the cases relating to divorce such as Mumbai-based NGO Majlis Manch, which has been working for legal rights of women and provides support to victims of domestic violence, especially Muslim women, moved the Supreme Court seeking permission to intervene and assist the court in the triple talaq case. 

Here are some ways in which the NGOs offer support to the needy people in cases of divorce: 

1.Counseling and Support: NGOs often offer counselling services and support tailored to help individuals cope with the emotional challenges of divorce. These sessions provide a safe space for sharing experiences and receiving guidance from professionals or peers. Counsellors are the professionals who specialise in human psychology, supervise the person’s mental condition and help them precisely understand the factual scenario, recognize their strengths, and identify resources to tackle the adversity. For people going through a divorce, counselling may help with acknowledging the expected outcomes of a situation and overcoming the same more effectively. 

2.Legal Assistance: This is the main responsibility of NGOs as not everyone is financially capable of covering the costs associated with legal proceedings. If justice is affected due to the disparities between “rich and poor,” it is not justified. NGOs may provide legal aid or connect divorced individuals with lawyers to navigate the complexities of divorce proceedings, child custody, alimony, and property rights. Legal guidance can be crucial, especially for those who can’t afford expensive legal representation.

3.Financial Advice and Aid: Many NGOs offer financial planning workshops or guidance to help individuals manage their finances post-divorce. Some NGOs also provide financial aid or grants to assist divorced individuals who are facing financial hardships. They advocate for policies that protect the financial rights of divorced individuals.

4.Parenting Support: NGOs are dedicated to parenting support in divorce situations aim to empower parents with the knowledge and skills needed to navigate co-parenting effectively, minimize the impact of divorce on children, and create a supportive environment for the entire family during and after the separation. NGOs might offer specialized guidance and resources for parents dealing with the unique challenges of co-parenting children with special needs after a divorce. For situations involving domestic violence or abuse, NGOs provide specialized support and referrals to ensure the safety and well-being of both parents and children.

5.Empowerment Programs: The empowerment provided by NGOs in divorce cases extends beyond legal assistance; it encompasses emotional support, education, and community building, aiming to help individuals navigate the complexities of divorce with resilience and confidence. NGOs might conduct empowerment programs aimed at rebuilding self-esteem and helping individuals regain their confidence after a divorce. These programs may include workshops on self-care, personal development, and skill-building. 

6.Advocacy and Awareness: Some NGOs advocate for policy changes related to divorce laws, child support, and other relevant issues. They also raise awareness about the challenges faced by divorced individuals, aiming to reduce stigma and provide better societal support. NGOs engage in advocacy to promote their PILs. They use various channels such as media, social media, and public meetings to create awareness about the issues raised in their PILs. NGOs also organise public protests and demonstrations to pressure the government to address the issues.

7.Tailored Assistance for Vulnerable Groups: NGOs often focus on specific demographics like women, children, or marginalized communities, offering specialized support tailored to their unique needs and circumstances. With their grassroots presence, community engagement, and advocacy efforts, NGOs are at the forefront of the fight against gender inequalities, empowering women and children, and driving social change. There are multiple and significant contributions of women NGO leaders in addressing women’s rights issues in matrimonial problems, fostering gender equality and shaping a more inclusive society in India.

8.Community Resources and Referrals: NGOs act as a bridge to various community resources such as shelters, job training programs, educational opportunities, and healthcare services that can support individuals in rebuilding their lives after divorce.

CONCLUSION:

The role of NGOs in supporting divorced individuals is fundamental and multifaceted, culminating in a comprehensive support system that addresses the diverse needs of those experiencing the complexities of divorce. As divorces involve legal, emotional, financial, and social challenges, NGOs step in as crucial entities providing invaluable aid and guidance. NGOs empower individuals by offering legal assistance, equipping them with knowledge about their rights, legal procedures, and available resources. This guidance enables informed decision-making and a more effective navigation of the legal complexities inherent in divorce proceedings. Beyond legal aid, NGOs provide vital emotional support through counselling services and support groups. By creating safe spaces for expression and providing coping mechanisms, these organizations aid individuals in managing the emotional toll of divorce, fostering resilience and emotional healing. Educational resources offered by NGOs further empower divorced individuals by providing information on support networks, financial management, parenting skills, and strategies for rebuilding their lives post-divorce. This holistic approach supports individuals in addressing various aspects of their lives affected by divorce, ensuring a more well-rounded recovery. Moreover, NGOs play an advocacy role, striving to influence policies and legal reforms that create a more supportive and equitable environment for divorced individuals. By advocating for changes in laws related to divorce and family matters, these organizations work towards establishing a legal framework that better addresses the evolving needs of those undergoing divorce.

Furthermore, the collective efforts of NGOs in providing legal, emotional, educational, and advocacy support constitute a pivotal force in mitigating the challenges faced by divorced individuals. They offer a comprehensive support system that empowers individuals to navigate the complexities of divorce, fostering resilience, healing, and facilitating their transition to a new chapter in their lives. The significance of NGOs in this realm underscores their indispensable role in supporting and uplifting those affected by divorce, contributing to a more informed, empowered, and resilient society.

REFRENCES:

BOOKS:

• Dr. Paras Diwan, Modern Hindu Law, ISBN-13: 9789391787554, 26th Edition
• Dr. S.R. Myneni, Hindu Law, ISBN-13: 9789394739420, 2nd Edition

BARE ACTS:

• The Hindu Marriage Act, 1956

WEBSITES:

• This article was originally written by Umapathi Natrajan published on Ezylegal’s website and the link for the same is herein: https://www.ezylegal.in/blogs/reasons-for-marital-problems-in-india
• This article was originally written by Pranali Granachari published on Legal service India’s  website and the link for the same is herein: https://www.legalserviceindia.com/legal/article-5353-the-role-of-ngo-s-in-safeguarding-women-and-children.html
• This article was originally written by Sibin published on Vakil search’s website and the link for the same is herein: https://vakilsearch.com/blog/role-of-ngos-in-promoting-public-interest-litigation-in-india/
• https://www.lexisnexis.in/blogs/divorce-under-hindu-marriage-act/