Why are the incidents of divorce increasing in India?

Why are the incidents of divorce increasing in India?

1.Why are divorce cases in the news?

1.In 2022, 11.4 lakh cases were pending in family courts across the country.

2.There are 715 family courts in the country in 26 states and union territories.

3.In the Indore family court, 8400 cases are pending out of which 5500 cases are related to divorce. Out of these, 3000 divorce cases have been filed by those couples who had been married within one year.

4.The data shows that the incidents of divorce are increasing with every passing year. While in 2018 there were 2250 divorce cases filed in the family court of Indore, it rose to 2723 cases in 2022. In most of the cases, it has been observed that the main reasons for filing divorce petitions are lack of compatibility, intolerance, distrust, clash of egos  etc.

2.What is divorce?

1.Divorce is a legal dissolution of a marriage by court or other competent body. This is the end of the conjugal life. The divorce petition can be filed by either of the spouses only after the lapse of one year of their marriage.

3.Difference between divorce and judicial separation

1.Divorce is the dissolution of marriage and it brings to an end marital rights and obligations between the parties. In judicial separation, the rights and obligations of the parties to marriage are suspended temporarily and marital relationship between the parties does not come to an end.

2.In case of divorce, the parties can remarry after a period of appeal has passed. In case of judicial separation, the parties can not marry unless a decree of divorce is obtained as provided in section 13 of Hindu marriage act.

3. If the parties resort to cohabitation during the course of divorce, there would be no effect on a decree of divorce. If the parties resort to cohabitation during the course of judicial separation, the effect of decree would be neutralised. 

4.Grounds of divorce among Hindus, Muslims and Parsis

1.Hindus, Muslims, Christians and Parsis are governed under separate marriage acts and so the  grounds for divorce are also different for different religious communities. 

2.Under the Hindu marriage act 1955,the grounds for divorce are 

• Adultery 

• Cruelty

• Desertion for two years

• Conversion 

• Mental disorder or insanity

• Leprosy

• Venereal disease like AIDS or STD

• Renunciation

• Not heard alive for 7 years 

• Non-resumption of cohabitation for one year and the husband neglects the judgement of maintenance awarded to the wife by the court, the wife can file a divorce petition  against her husband.

3.In addition, a girl can file a divorce petition if she was married before the age of 15 years. A married woman can file a divorce petition against her husband if her husband has indulged in rape, bestiality and sodomy. 

4.A wife can also seek divorce from her husband if she has a reason to believe that her husband has married another woman. 

5.Grounds for divorce under Parsi marriage and divorce act 1936

• Continuous absence of 7 years

• Non-consummation of marriage within one year

• Unsound mind

• Pregnancy by some other man

• Adultery, bigamy, fornication, rape or any other type of perverse sexual acts 

• Act of cruelty 

• Suffering venereal disease 

• Forcing the wife into prostitution

• Sentenced to prison for 7 years or more

• Desertion for two or more years

• Non-resumption of cohabitation after passing an order of maintenance 

• A decree of judicial separation

6.Grounds for divorce under the dissolution of Muslim marriage act 1939

A Muslim woman can seek divorce on the following grounds in India 

• The whereabouts of the husband are unknown for four years 

• The husband has failed to provide maintenance to the wife for at least two years.

• The husband has been under imprisonment for 7 of more years

• The husband is unable to meet the marital obligations

• If the girl is married before 15 years and decides to end the relationship before she turns 18 years.

• Husband indulges in the acts of cruelty

7.Grounds for divorce among Christians

• Adultery

• The person has ceased to be a Christian by converting to an another religion

• Unsound mind

• Suffering from leprosy 

• The person has not been heard for a period of 7 years

• The person has wilfully refused to consummate the marriage for a long period.

• Desertion for two years

• Cruelty to wife 

• Failure to comply with a decree for restitution of conjugal rights

• The woman can also file the petition against her husband if the husband is guilty of rape, sodomy or bestiality.

8.Divorce by mutual consent

• The high court of Karnataka has ruled that under section 13 B of the Hindu marriage act, 1955 the courts are required to allow 18 months to lapse from the filing of a plea for divorce through mutual consent before deciding on the divorce case.

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5.The scenarios of divorce in India and important countries of the world.

1.Divorce rate in India ranks the lowest among all countries in the world. Only one out of hundred marriages in India end up in divorce while in the USA 50% of marriages turn into break ups. The following figure gives an idea about the divorce rate of different countries of the world. 

2.Sweden -54.9%, USA-54.8%, Russia-43.3%, UK-42.6%, Germany-39.4%, Singapore-17.2%, Japan-1.9%, Sri Lanka-1.5%, India-1.1%.

3.The divorce rate in India is steadily increasing year by year. It is estimated that the number of divorces has more than doubled for the last two decades.

4.The rate of divorce in urban cities like Delhi, Mumbai and Bengaluru is more than 30%. 

5.States like UP, Bihar, Haryana, Rajasthan which are known for patriarchal societies, have relatively low divorce and separation rates but in the north Eastern regions, the divorce rate is increasing.

6.Maharashtra has higher incidences of divorce cases which is 18.7%. The top ten states having more divorce cases are mentioned below.

7.People from the age group of 20-35 are searching for divorce the most and females between the age group of 20-35, 56.2% seek divorce.

 6.Why are the incidents of divorce are increasing in India?

• Lack of communication

• Financial problem in the family

• Emotional break down of relationship

• Lack of trust

• Different value system

• Insecurity

• Wanting to be independent

• Erratic work schedule

• Alcohol and smoking

• Depression 

• The empowerment of women in urban areas

• Awareness of various rights given to women

• Gender equality often provokes ego clashes between husband and wife.

• The most literate state Kerala witnessed  the increase of divorce rate by 350% in the last ten years. Punjab and Haryana have witnessed an increase of 150% divorce rate since the last decade. Similarly, in the last four years the divorce rate has doubled in Delhi.

7.How to mitigate the frequency of divorce cases in India

• Be faithful to your partner

• Accept changes in society

• Communicate with your wife but not to dominate her

• Relation should be based upon mutual respect for each other 

• Understand the problems of your partner

• Guidance and counselling 

• Consulting elders who have been in marriage for long time

• Leaving aside the shortcomings of your partner

• Strive for stability of economic resources and sustainability by saving up

8.Conclusion

• Divorce is no longer seen as stigma 

• This is the process to reclaim personal freedom for women and charting out a new course of life.  

• The value system among youths towards marriage and family life is fast changing.

Can a Man be raped by woman?

 क्या पुरुष का भी बलात्कार होता है ? | Can a Man be raped by woman?

Why is it in the news?

1. Last year in 2022, four women raped a man at Jalandhar.

2. Delhi based center of civil society found that about 18% of Indian adult men reported by coerced or forced to have sex. Of those 16% claimed a female perpetrator and 2% male perpetrator. 

3. The incident of rape of man by woman is unreported in India because in a patriarchal society like us people do not take it seriously.

4. It is estimated that approximately 1 in 6 men were sexually abused as children.

5. Rape is thought to be a crime committed solely against women.

6. Men often do not report about sexual assault upon him by a woman because they are afraid that in case of reporting people will doubt their sexual orientation and label them homosexual. So, most of the time male victims try to conceal the rape on him.

7. It has been estimated in America that 10.5% men were raped by females.

What is rape?

1. In India, rape is always committed on female by male u/s 375 IPC when the sexual intercourse has been done against the will of the women, against her consent, and when consent has been obtained under threat of death or hurt or when her consent has been obtained by misrepresentation or when consent has been obtained by intoxicating her.

2. In India a rape will be committed when a girl is under 16 years of age and consent will be not applicable.

3. However, women is married to the man the act is not considered as rape whether or not she has consented. Only exception is that the wife must not be under 16 years of age or the couple is separated.

Akhilesh Jha. Legal Adda

What is the law of rape on man by woman in India?

    1. There is no such law for rape on adult man by woman in India

    2. However, under POCSO (Prevention of Children from Sexual offences),         there is a provision of gender neutrality. The irrespective of the gender                 whether boys or girls below 18 years, if they are sexually abused or exploited     or raped, the victim can file case against the accused under POSCO act

    3. In case of rape of man by woman there is no legal provision in India. At best     the offender can be prosecuted u/s 374 for unlawful compulsory labour. This         act punishes the offender for 1 year or with fine or with both if the accused         unlawfully compels any person to labour against the will of that person.

    4. The offence is cognizable, bailable, non compoundable and triable by any             magistrate.

Effects upon male victim

    1. The victim suffers from tension, headache, colitis, black eyes and soft             tissue injury and laceration.

    2. Social stigma upon male victim

    3.Post traumatic stress disorder 

    4. Male victims fear being labelled as homosexual or bisexual.

    5. Depression

    6. Alcoholism and drug abuse

    7. Suicidal thoughts

    8. Problems in intimate relationship

    9. Sense of being an inadequate man

    10. Sense of lost power and confidence

    11. The male victim needs extensive emotional and psychological healing             after the rape by female

Conclusion

    1. Like gender neutral law of POCSO, the rape law should also be made             gender neutral. 

    2. Since, Indian society particularly in metropolitan cities is changing fast and     because of the educational advancement among women, they have occupied     positions of authority in different departments, public sectors and private             sectors.

   3. Since, large number of women have occupied high positions in society ,             they are in the position to dominate or govern the will of her male                         subordinates and so sexual abuses or exploitation or rape by her on male         subordinates can not be ruled out

    4. Since, most of the developed countries in the world like US and UK                 amended the rape laws and made it gender neutral, it is incumbent upon the     Parliament in India to make rape law as gender neutral.

    5. Several PILs for making rape laws gender neutral filed in the Supreme             court were rejected. The judges contended that they could not amend the             IPC. It is the prerogative of the parliament to amend the rape laws.

    6. The myth that man can not be raped or sexually assaulted does not hold         water. The idea that man should be able to defend himself against attack             depends upon the different situation.

    7. Any man can be sexually assaulted regardless of size, strength,                         appearance, age, occupation or sexual identity.

How Rajputs originated ? By Akhilesh Jha, IPS, ex- DIG, Gold Medalist

 

Introduction of the term Rajput

1. The Rajput word came from the root word Rajputra (son of King). This term is mentioned in ancient scriptures like Rig Veda, Ramayana and Mahabharata 

2. The term Rajputra was reserved for immediate relatives of Kings or larger group of high ranking men

3. With the passage of time the term rajput came to denote a hereditary political status, gradually the term Rajput came to denote a social class when this class was formed by tribals and Shudras who became landed aristocrats and transformed into ruling class. These groups assumed the title rajputs as part of their claim to a higher social positions and ranks

4. The term Rajput emerged when different social groups of mediaeval India sought to legitimise their newly acquired political power by claiming Kshatriya status. All Kshatriyas are Rajputs but all Rajputs are not Kshatriya

Watch Detailed Video by Akhilesh Jha, IPS, Ex- DIG, Gold Medalist

Varna divided society

1. The Hindu society is divided into 4 varnas Brahman, Kshatriya, Vaishya, Shudra

a.Brahmans were assigned duties of reading and teaching, taking and giving gifts, doing sacrifices and getting sacrifices done by others

b.Khastriyas were assigned duties to safeguard societies 

c.Vaishyas were assigned duties to do trade and commerce and agricultural activities

d.Shudras were assigned duties to serve the three upper varnas

2.In addition to this varnas a new castes of untouchables originated on account of pratiloma vivah

Foreign origin

1. According to this theory after the collapse of Gupta empire, and the influx of Indo Greeks scythians , huns , Kushan into Indian society

2. These foreigners were assimilated into the Kshatriya category during the sixth and seventh century AD

3. The proponent of this theory was James Todd. the basis of this theory is that both Rajputs and Shakas and Hunas were far worshipers 

Indigenous Theory 

1. Nationalist historians like C V Vaidhya, asserted that Rajputs had originated from Kshatriyas of the epics of Ramayan, Mahabharat

2. A third theory was put forward by historian Jai Narayan Asopa that Rajputs were Brahmins

Agnikula Theory

1. According to this theory propounded by Chandrabardai, a sacrifice at Mount Abu was officiated by Saint Vashisht and out of this sacrifice, four warriors like Chauhans, Parmars, Challukyas/Solankis and Pratihara originated

2. Critics hold that these Agnikula theory was invented to conceal the foreign origin of Rajputs

Modern Theory

1. Recent research suggests that Rajputs came from a variety of ethnic and geographical backgrounds

2. Rajputs consisted of miscellaneous groups including Shudras and Tribals, for e.g. Chandellas of Bundelkhand were tribals, somewhere Brahmins were taken to warfare. For eg- ancestors of Maharana Pratap, Bappa Rawal was a Brahmin who took to arms to defend the country

3. Similarly, ancestors of Maharaja Jaswant Singh of Jodhpur were Tribals

4. According to B D Chattopadhyaya the early mediaeval rajputs clan achieved political eminence gradually. Entry to rajput folds was possible through the acquisition of political powers and this was legitimised by claiming linkages of Kshatriyas with mythical past. The process of origin of rajputs may be seen in terms and transition from tribalism 

Conclusion

1.To conclude, the present day Rajputs originated from different sources some are descended of lord Rama, some are descended of lord Krishna, some of the Rajputs came from tribal and Shudra community through the process of Sanskritization 2.Rajput formation continued in the colonial era anyone from the village landlord to newly wealthy lower caste Shudra could employe Brahmins to retrospectively fabricate a genealogy and within a couple of generation they would gain acceptance as Hindu Rajputs 3.During mediaeval period, a tribal family could become Rajput if they are married to Higher Varna like Brahmin, Kshatriya and Vaishya and if they are employed in the state army. 4.Through the Hypergamous marriage of a low varna groom with high varna bride gave birth to Rajput caste if the groom is employed in the Sultanate or Mughal army 5.Since , 11th to 16th century Rajputs class absorb people from a wide range of lineage but by 16th century when the Mughal empire consolidated and when Rajputs chiefs became Mughal feudatories, they no longer engage in major conflicts with each other. This decreased the possibility of achieving prestige through military action and made hereditary descent more important From the 16th century onwards different Rajputs rulers sought to legitimise their socio-political status on the basis of descent and kinship. Brahmin priests fabricated genealogies linking Rajput families with Kshatriya status

How Bhumihar Originated? By Akhilesh Jha, IPS, Ex-DIG, Gold Medalist

 Why is it in the news?

1. RJD leader Tejasvi Yadav made an aggressive bid to reach out to the Bhumihar community, a powerful upper cast in Bihar in an obvious attempt to broaden the support base of the party which has largely been identified as the Muslim Yadav combination nurtured by his father Lalu Prasad Yadav

2. The Bhumiyar have their highest concentration in Bihar where they have enjoyed tremendous political and economic clout 

3. The first chief minister of Bihar in the independent India Sri Krishna Singh was a Bhumiyar who ruled for next 14 years 

4. After the death of Sri Krishna Singh and in the post Mandal era, the clout of Bhumihar leaders diminished

5. In the post Mandal era, Bhumihar have been voting for BJP but now they feel that they are being side lined by the BJP leadership and so RJD leader Tejasvi Yadav participated in the Parsuram Jayanti to woo Bhumihar caste in his favour  

6.The BJP reacted sharply and alleged that Bihar could never forget the massacre of thousands of Bhumihars that took place when the state was ruled by Lalu Prasad Yadav

7.The population of Bhumihars in Bihar is around 6% that is 70-80 lakhs

8. In addition, Bhumihars are also found in U.P., M.P. (Bundelkhand), Jharkhand, and West Bengal

9. Although they are numerically small when compared to Yadav, Brahmins, but they are landed gentry in Bihar and are economically and politically very much powerful

10.Bhumihars community played an important role in the peasant movement of India.

11.Shajanand Saraswati was the biggest peasant leader in U.P. and Bihar

How Bhumihar Originated?

        Watch detailed explanation by Akhilesh Jha, IPS, Ex-DIG, Gold Medalist

1. There is no unanimity regarding the origin of Bhumihar . 2. It means those who are holding Lands or one who seizes or confiscates lands 3. The term Bhumihar was first used in the records of united province of Agra and Awadh in 1865 4. According to Ashwini Kumar, in the late 19th Century, they started claiming of belonging to the priestly Brahmin class (1) {community warriors- state peasants and caste armies in Bihar} 5. According to Gopal Sharan Sinha, they are also called Babhan which is corrupted word of Brahmans. 6. They are also called Bhuinhar 7. There are numerous myths regarding the origin of Bhumihar community a. According to Jogendra Nath Bhattacharya, Bhumihar are the mixed race or offspring of Brahmins men and Kshatriya women {Hindu caste and sects} b. The other theory is that when Kshatriyas were slain by Lord Parshuram, they left their ancestral jobs of Brahmins and took the job of Kshatriyas c. According to Ashwini Kumar, they are the offspring of a union between the Rajput man and Brahmin Woman or offsprings of Buddhists. But the Bhumihar themselves disliked this hybridity and claim to be pure Brahmins d. after the decline of Mughal empire, the revenue farmers became independent and established their Zamindari in U.P. and Bihar e. Bhumihar Zamindars established their Zamindari at Bettia, Tekari, Hathwa, Sheohar, Pakur, Maheshpur, Mahishadal etc. 8.The other Theory is that Bhumihars belongs to tribe called Bhuyans who gained land grants and declared themselves as Brahmins when faced unequal treatment at the hands of priestly brahmins through the process of Sanskritization 9. According to Arvind Narayan Das, other communities also do not give them the ritual status of priestly brahmin class during British Raj (Arvind Narayan Das book – Agrarian Movements in India) 10. In the early census during British India, Bhumihars of Bihar were categorised into Shudras 11. According to Purushottam Kumar, In the census of 1881, Bhumihars were placed into the category of Vaishya Varna by British Government because the government were very much pleased that Bhumihar Zamindars did not participated in the 1857 revolt {Bhumihar’s struggle for Brahmin Status} 12. In the late 19th century Bhumihar Zamindars established Pradhan Bhumihar Brahman Sabha in 1889 to improve moral, social and educational reforms of the community. Similar, Bhumihar Brahman Sabha was established in Muzaffarpur, Gaya and Sarang 13. These associations made numerous petitions to the British Government and British Government gave official recognition to Bhumihar as Brahmins in the later censuses 14. According to Ashwini Kumar, Bhumihar guard the local caste hierarchy more zealously for they perpetually feel the pressure of being dislocated and discredited in the topsy-turvy world of caste

Conclusion

1. There is no unanimity regarding the origin of Bhumihar.

2.  Some scholars argue that Bhumihars originated after the decline of Buddhism in eastern India. Since, those Buddhists were land owners they were called Bhumihars and placed below the Brahmins and above the Rajputs in the Varna hierarchy

3.  Some scholars are of the views that they were tribes called Bhuyans earlier and were transformed into caste by the process of Sanskritization

4.  Others view that Bhumihar originated from revenue farmers who became Zamindars after the decline of the Mughal empire and became independent. Since these Zamindars did not participate in the 1857 revolt, the British Government gave favour to them. Moreover, the British Government confiscated lands of Rajputs and Brahmins of eastern U.P. and Bihar because of their participation in the 1857 revolt.

5.  The vacuum created by the confiscation of lands of Rajputs and Brahmins in rural areas of eastern U.P. and Bihar was filled by Bhumihars.

6. They monopolised lands in rural areas. The military services rendered by them to the British Government further strengthened their status in the society

7. Because of the political and economic clout of Bhumihars, they demanded Brahmin status from British Government and the British Government awarded them Brahmin status in 1901 census

8. But the honeymoon of Bhumihars with the British Government ended in 1930 onwards when Swami Shajanand Saraswati launched a massive peasant movement in India and the slogan was land to the tiller.

9. Thus, we conclude that there is no single theory of the origin of Bhumihar. Some originated from tribe caste continuum process, some originated from land holding Buddhists, some originated through Anulom Marriage between Brahmin Boy and Rajput Girl. Some originated through the Sanskritization process whereby Big Zamindari status made them anxious about their varna hierarchy and therefore demanded Brahmin status. But priestly Brahmins never accepted Bhumihar Brahmins as their own caste men. Nor they acquiesced to marriage between them.