Is equal property rights among couples a fair proposition?

GN Bureau | February 6, 2012



The planning commission has suggested that property laws be amended to grant equal rights to each partner in a marriage or a live-in relationship over property (immovable and movable) acquired after the marriage or moving in together — irrespective of who bought it.

The suggestion seems progressive on the face of it. This will grant economic security to homemakers who have to give up on income earning options because of the nature of their work in case the marriage or the live-in relationship gets dissolved. It also recognises the work of the partner who assumes the role of the homemaker putting her/him on a par with the earning partner. In the case of women, especially, it recognises their contribution to the running of the household.

However, the suggestion, if implemented, could subvert the fight against the practice of dowry. In case of a marriage where dowry has been taken, the assets so acquired will be then treated as joint assets. So, in case of separation, despite the best intentions, the suggestion itself would promote an unequitable distribution. The woman may end up losing half of what she and/or her parents had paid for.

Considering the above, do you think an equal distribution of property in case of dissolution of marriage or live-in is a fair proposition?

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