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“Marriage does not mean a woman mortgages herself to her husband,” stated the apex court. It is time women's identity in a marriage was recognised.
“Marriage does not mean a woman mortgages herself to her husband,” stated the apex court. It is time women’s identity in a marriage was recognised.
When a woman marries, why is it that Indian society expects her to subsume her identity in the husband’s and marital family’s? She is expected to undergo a change of surname, move into her in laws’ home, adopt their lifestyle and food habits, follow their customs, and often even change her religion. Equally, her natal connections almost seem to disown her. All these things underscore a daughter’s place as ‘paraya dhan’ that most Indian families believe in, undermining a woman’s place in society.
It is the 21st century and yet the system fails to fully equip the nation’s women with the rights and freedoms they fully deserve. When a woman knocked the doors of court to ask for her right to fulfil her filial duty of performing parents’ last rites in her own Parsi tradition, the Bombay High Court had come to the conclusion that a woman’s religion merges with that of her husband following an interfaith marriage, hence she cannot follow or get involved in her own religion’s rituals and traditions.
The statement came as a restraining decision to the appeal of the Parsi woman Goolrokh M Gupta who got married to a non-Parsi in 1991 under the Special Marriage Act and has been barred from entering the Tower of Silence by the Valsad Zoroastrian Trust, thus prohibiting her from participating in Parsi religious activities.
The latest move in the case has come as a relief as Goolrokh appealed to the Supreme Court which disagreed with the Bombay High Court’s verdict on Thursday. A bench comprising Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan also observed that a Parsi man marrying outside his community was not barred from entering the Tower of Silence but a Parsi woman was.
Appreciating the arguments of senior advocate Indira Jaising on behalf of Goolrokh M Gupta, the bench said, “Marriage does not mean a woman mortgages herself to her husband. Prima facie, we do not accept this merger principle (propounded by Bombay High Court to uphold restraining Goolrokh from performing the last rites of her parents).”
“Special Marriage Act was enacted so that a man and woman professing different faiths can marry and retain their religious identity after marriage. There is no question of merger of woman’s religion with that of her husband’s. Only she on her own volition can give up her religion,” the bench announced. There is no law which bars a woman from entering the Tower of Silence after marrying outside the community, the Bench also said. Shun the rigidity and understand the importance of love and emotions of a child towards her parents, the Bench further stated.
The Court directed the matter’s next hearing on December 14.
Image source: pixabay
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People say that women are the greatest enemies of women. I vehemently disagree. It is the patriarchal mindset that makes women believe in the wrong ideology.
The entire world celebrates International Women’s Day on March 8, 2024. It should be a joyful day, but unfortunately, not all women are entitled to this privilege, as violence against women is at its peak. The experience of oppression pushes many women to choose freedom. As far as patriotism is concerned, feminism is not a cup of tea in this society.
What happens when a woman decides to stand up for herself? Does this world easily accept the decisions of women in this society? What inspires them to be free of the clutches of the oppression that women have faced for ages? Most of the time, women do not get the chance to decide for themselves. Their lives are always at the mercy of someone, which can be their parents, siblings, husband, or children.
In some cases, women do not feel the need to make any decisions. They are taught to obey the patriarchal system, which makes them believe that they are right. In my family, I was never taught to make decisions on my own. It was always my parents who bought dresses and all that I needed.
14 years after her last feature film Dhobi Ghat, storyteller extraordinaire comes up with her new film, Laapataa Ladies, a must watch.
*Some spoilers alert*
Every religion around the world dictates terms to women. The onus is always on women to be ‘modest’ and cover their faces and bodies so men can’t be “tempted”, rather than on men to keep their eyes where they belong and behave like civilized beings. So much so that even rape has been excused on the grounds of women eating chowmein or ‘men will be men’. I think the best Hindi movie retort to this unwanted advice on ‘akeli ladki khuli tijori ki tarah hoti hai’ (an alone woman is like an open jewellery box) came from Geet in Jab We Met – Kya aap gyan dene ke paise lete hain kyonki chillar nahin hain mere paas.
The premise of Laapataa Ladies is beautifully simple – two brides clad in the ghunghat that covers their identity get mixed up on a train. Within this Russian Doll, you get a comedy of errors, a story of getting lost, a commentary on patriarchy’s attitude towards women, a mystery, and a tale of finding oneself, all in one. Done with a mostly light touch that has you laughing and nodding along.
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