The Hindu Editorial Analysis: The Editorial Analysis of The Hindu Newspaper Editorial Articles aimed at simplifying various concepts relevant to the UPSC and other State PSC Exams. The Editorial Analysis helps in expanding the knowledge base as well as framing better quality mains answers. Today’s Hindu Editorial Analysis of ‘Most women who got divorced were pushed towards it’ discusses how sexual abuse by husbands pushing women to seek divorce and also discusses this in the context of recent supreme court judgement on removing mandatory cooling off period in cases of a marriage being “wrecked beyond hope of salvage,”.
The Supreme Court has provided relief for couples in marriages that are beyond repair by stating that the cooling-off period of six to 18 months would only cause more harm. The court has used its discretion under Article 142 of the Constitution to provide justice for such couples.
The recent judgment by the Supreme Court could potentially alleviate the distress faced by Indian women who seek divorce.
The prevalence of emotional violence, such as insults, humiliation, and threats, was two times higher among divorced women compared to currently married women.
It is worth noting that the proportion of currently married women who have experienced abuse from their husbands is relatively low, despite the high percentage among divorced/separated women. However, more than 30% of currently married women have faced emotional, physical, or sexual violence at some point in their lives. Shockingly, almost 80% of them did not disclose this to anyone, which partly explains the low rate of divorce in India.
According to available data, the Supreme Court’s recent ruling can aid women in swiftly moving on with their lives, as divorced women have a higher rate of employment compared to currently married women.
Although divorced women have gained greater independence after separation, their freedom is not absolute. Only around 70% of them are permitted to travel alone to various places and make decisions about their money.
A Good Divorce, The Hindu Editorial Analysis
The cooling-off period is a mandatory waiting period of six months between the first and the second motion for divorce. During this period, the court encourages couples to reconsider their decision and attempt to reconcile.
The court observed that in cases where the marriage is beyond repair, the cooling-off period can cause more harm than good. It can prolong the agony and suffering of the parties involved and worsen their mental and emotional state.
Article 142 of the Constitution of India grants the Supreme Court the power to pass any order necessary to do complete justice in any case or matter pending before it. This provision is often used in cases where the law falls short of providing justice or relief to the parties involved.
Yes, the Supreme Court can use its extraordinary discretion under Article 142 to provide justice to parties involved in divorce cases. This can be done in cases where the law falls short of providing relief or where the parties are trapped in bitter marriages beyond repair.
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