Sri VV Chandrasekhar , your sharing is prompt and prominent to be thought and to memorize . I share my opinion below please . Concept of Family in India : A.Sacrament i.e, ritual Ceremony of Marriage . 1. Marriage through Panigrahana with Saptapadi is handing-over a Female/Daughter to a Male effecting Saptapada with or without ritual mantras for taking full responsibility of Safety and Secured life-lead sharing the best vested relation to build a Family. This system had no dissolution system and practice . Thus it carries a built Family life . 2. Kanyadana do not mean as a gift under or a contract since it is bound to : i. Namama in the Kanyadana will not appear and sworn thus vesting the ultimate responsibility of the Female on the Parents . ii.Kanyadana is not at cost or price to be paid to lose/forego the responsibility . 3.Family responsibility in a best shared unity lies with Kartha / Father of the Family i.e., both Father of Bride and the Father of the Bridegroom . This is the natural & Humanitarian system of internal settlement for the good cause of marriage . 4.Befitting with Streedhana / Gifting Family lead necessities like Kitchenware and Furniture for the new Family set up also was and is in practice . As per Law also , a Male after marriage do possess an independent qualification of Kartha i.e., the Family Head and is regarded as a separate and independent Family . 5.[i] Dissolution being not professed , the neglects of Karthas / Fathers or lacking of them , neglect or lack of Brothers & Uncle those recognized ; the poverty and paucity to live and lead , resulted the Widows set to inhuman status in the Society and hence a Socialistic revolution arose and then , the system of remarriage to the Widow and , as well as the system of Divorce and re marriage in both Female Spouse and Male Spouse were addressed to eradicate the hurdles of such in the society as a whole before independence .Reasonable restrictions were imposed for Divorce to save the operation and practice of Safety of Female in a Family is well Secured . [ii] The Government while codified the Hindu Marriage Law in 1955 , brought in Succession and Inheritance Act in 1956 so socially secured and also set wisely the issue of Landed Property while specifying in the Land Ceiling Acts of 1960s and 70s allowing the Family Unit comprising of 5 members and Land Holdings were legally addressed considering the Real and prompt concept of Family , Male and Female that was well carried and organized in practice . [iii] The issues caused for increased divorces and calamities in Womenfolk mainly on Religious conversions caused unrest and created hurdles in INDIAN FAMILY LIFE LEAD but also lead to increased options towards contractual marriages at will . Supreme Court also identified and directed in 1991 itself to work for implementing Uniform Civil Code to reduce the Cases and Calamities of Female in Indian Society . 6. [i] The 2005 amendment in Succession and Inheritance Act 1956 created additional rights to Female in the name of Daughters of a Family as equally as Male / Sons . This had created Fictitious ambition in many Male members of Modern Style of living while equally hiked the attitude of individualism in Female aspirants . The added property rights to Female from Parents also IN ADDITION TO THOSE ALREADY VESTED FROM HER HUSBAND The STREEDHANA / PASUPUKUMKUMA , GIFTS & ANY SELF ACQUIRED property naturally to the Female only . This had made the share of Male / Sons reduced though their responsibility to maintain their own Family and Parents rests and continued as the same . [ii] This , in addition to the changed livelihood with comforts , added individual interests well as liberations from the other forms of Marriage , increased the individual and moderate thoughts and there had become an abnormal increase in the issues of Divorce etc., which added the issue of Marriages opting from Marriage Bureau systems etc., delinked the concept of Family and carry of Marital Life that was in its System . [ The Women Divorce , Atrocities , Purchase and Export altogether with the Expenses added with abortions , killings in days of birth , sale of he and she babies even lead the Female Gender into even downward direction in population ] . The Section 498 a , the Supreme Court suggestions and directions to save Women from all such havocs and divorces , finally also could not achieve the object of avoidance of Menace of Marital Life in India though Family Courts and other means are made operative . [iii] There is absolute need to think about the Financial abilities of the Aged Father and Parents whether below the Retirement age or above considering the Earning Facilities and Earning Opportunities made available , who cannot share and bare the responsibilities of a Divorced Daughter or a left out daughter while the Governments or Acts cannot shoulder the responsibilities of such S.S. & divorced whether or not at her fault and or not at the fault of the Old Parents/S.S. The law of Properties from her Father cannot make her life guaranteed if the husband side Old aged Parents also sail in the same boat . 7. The issue of Properties , the issue of other form of Marriage , individual conclusions on the issue of marriage away from the Natural and Human binding of handing over a Female to a Male for the Safe and Secured Marital Life lead as an independent Family at the Safe concept of Female totally created such a serious situation and unrest in the Indian Society challenging the entire Safe concept of Family Bindings . 8. Equal application of Law , and Equality before Law stood as having been carried at their own objectives and purview leaving the Citizen of India far from Uniformity and Equality either in the laws of the Constitution or , on the Laws of Properties , or on the laws of Family and System of Marriage that provides and leads Female also Fully Safe and Secured at vested responsibility of Male as Father , Husband , Father-in-law and Brother & the Brother of Mother those had practiced commitment at morality in the issue of Female in India . THIS SITUATION IS OBVIOUS THAT A UNITY AND UNIFORMITY ONLY CAN ADDRESS THE INEQUALITIES ADDITIONALLY CREATED . 9. The commentators on Hindu Marriage System staged that the kanyadana means a contract in one way and in other way deemed a Gift at will . These two theories are wrong as clarified in the point 1 & 2 . i. The System of contractual Marriage i.e, Marriage at contract for establishing a new Family have been understood for having many contracts either simultaneously in a Male’s life or after Divorce from the existing Wife and this opinion naturally has been leading to divorces in many Families leading to Human and Social bias . This system even lead many Families towards revolts and even revenge as had been evidenced in some Wealthy Countries too . ii. The System that construed the Kanyadan as a Gift diluted in its carry and Purchasing for Money or Economic benefits entered into practice by a considerable aspirants and this System made the Female shoulder slavery and routed to delink after life struggle . 10. Conclusively Uniformity applying Humanity and Social Sense valuing the issue of Safe and Secured life lead of a Female in the Family of the Society is absolutely necessary to keep Women away from Civil injury and death . Here , the natural issue of qualities , competence , Strengths and Energies of Female Gender is the must to be thought to conclude and the following points also justify this necessity : i.This VITAL & VALID qualities placed Women for a Special treatment and honour through article 15 {3} and 51 A {e} keeping the Gender Equality aside . ii.The article 23 {2} compulsory Service for public purpose eliminated the Sex/Female in the issue of discrimination . iii.Special provision of maternity relief etc., Special Permissions and Cretches etc., were also set under article 42 .
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