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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2021

Is hindu marriage act (hma) inhumane and unconstitutional ? should we boycott/divorce hma ?

Is Hindu Marriage Act (HMA) Inhumane and Unconstitutional ? Should We Boycott/Divorce HMA ?
 

Dear Friends,

I request you to read patiently and analyzed the fact by your clean mind and conscience.  🙏🙏🙏🙏

Hindu Marriage Act(HMA) has not been codified as per Sanatana Hindu religious rites and therefore will never welfare Hindus. It seems that non-Hindus might have codified such law. Therefore, It is requested you to boycott such law. Never file Divorce, Restitution of Conjugal Rights (RCR), Child custody and/or any other suits under this act.

 

Here is my argument in support of my aforesaid asserted fact –

Pre-Requisites –

Before, I start, I must discuss my findings in brief to understand prime doctrines of entire law-system of this word. –

1. Laws are made from doctrines of religious philosophy, religious practices and sometimes laws are deteriorated/modified by prejudicing majority practices even though such majority practices may wrong and never legitimately defined in any religious practices.

2. The prime doctrine of entire law-system of THIS ENTIRE WORLD has been taken from the doctrine of HAMMURABI CODE OF LAW but such doctrine contradicts with the spirit of MANU-SMRITI (Law of Hindu society). This is the ROOT CAUSE why existing law system never welfares Hindus and entire mankind of this world.

3. Here are two prime doctrines of law that I am going to discuss in brief. I request you to study more on these if you are interested from reliable sources.

4) MANU-SMRITI (LAWS OF MANU) – It is also known as the Manava-Dharmasastra or LAWS OF MANU, is the first ancient legal text and constitution of Sanatana Dharma. All Indian religions (Hinduism, Buddhism, Jainism, Sikhism etc) used to follow this before Islamic era in India. Maharshvi Manu (Scholar Manu) is believed to be the first human in this word. His wife was Shatarupa is believed to be the first woman in this word. We all are believed to be descendant of him. Words like – ‘Man’, ‘Humanity’, ‘Manushwatya’(मनुस्वत्य ), ‘Manushva’, ‘Manava’ etc has come from the word ‘MANU’(मनु). On the other hand, Abrahamic religions (Like Islam, Christian and Judaism) believe that ‘Adam’(आदम) was the first human from where ‘Aadmi’(आदमी) or ‘Adam-Jhaat’ words have come.

5) HAMMURABI CODE – Hammurabi was a king of ancient Babylonia (south Mesopotamia, now in Iraq) has founded the Hammurabi code of law. Major doctrines of law of Abrahamic religion (Like laws of Islam, Christian and Judaism) has been adopted from the said code.

6) ORIGIN OF FEMINISM – Abrahamic religions believe that women are always inferior than men. It is said in old Testament that ‘Eve’ has seduced ‘Adam’ to eat prohibited apple in the Eden garden. Therefore, all of us, descendant of Adam, are sinful. A special curse has been imposed on ‘Eve’ by ‘God’ so that women will remain inferior than men. The word ‘Evil’ may have been constructed from ‘Eve’. All Abrahamic religions are prophetic religions. You cannot ask questions hence NO IFs, NO BUTs. If you ask questions then you are committing 'blasphemy' hence you can be executed 😉 😉. There is no exact word (तत्सम) or lexical resources in Sanskrit language of 'blasphemy'. The definition of 'sin' is to 'disobey commandments of God' written in religious books like (Bible, Quran, Hebrew Bible etc).

Concepts of Dowry/Divorce/Talaq/Mahr/Kabin have come from Hammurabi code of law.

On the other hand, Hinduism always respect both Men and Women equally if they conduct their respective deeds (Dharma-Palana). Men are representatives of Lord Shiva, Lord Narayana and Women are representatives of Lady Parvathi, Lady Lakhmi. Sanatana Hinduism has concept of Ardhanarishvara, (Sanskrit: “Lord Who Is Half Woman”) also. Women used to be respected equally like men in ancient Indian civilization. All genders rights are equally secured in ancient India civilization. That is the reason feminist movement never grew up in India but grew-up in foreign countries. Such movement stuck India after Indian independence and continuously destroying Hindu families, their children/descendants and future of India. Only few lawyers, few judges, fraud NGOs (both of men’s rights and women’s rights NGOs) and prostitutes are making money out of this feminist movement. Such movements are against Indian core culture.

Hinduism has not such concept of 'sin' or 'commandments of God'. God neither love anyone nor hate anyone as God is pure 'Sachidananda' i.e. 'one with a good mind with absolute happiness'. Hinduism has only concepts of Dharma versus Adharma [righteous(ethical) actions versus unethical(illegitimate) actions.]

Fostering Dharma is the way to Moksha (Mukti, ultimate freedom even from time).

7) My Observations: - There are plenty of philosophical contradictions between Sanatana Dharma (Hinduism) and Abrahamic religions (Islam, Christianity and Judaism) so as between MANU-SMRITI and HAMMURABI CODE. I am going to cover relevant contradictions with the subject of the matter only.

Grounds: -

(I) Universal Declaration of Human Rights (UDHR), adopted by United Nations (UN) protects rights of common people. Indian is a signatory of UDHR. Fundamental rights mentioned in Indian constitution are sub-set of It. India should forester respect while drafting Hindu Marriage Act (HMA) under Article 51(c) of the constitution of India. The article is given below –

(II) Article 51(c) of Indian Constitution - foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and encourage settlement of international disputes by arbitration.

(III) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance – Under Article 18 of UDHR and Article 25, 26, 27 28 of the constitution of India.

(IV) Protection of life and personal liberty is also granted under Article 21 of the constitution of India and Article 3 of UDHR.

(V) Despite of securing aforesaid rights by both International laws and Indian constitution, Hindu Marriage Act (HMA) has not been scriptted as per Hindu religious consciences and rituals. Therefore, such act should be declared as inhumane and unconstitutional. It should be re-scriptted as per Manava-Dharmasastra or MANU-SMRITI.

(VI) Islamic Marriage law and Christian Marriage laws are adopted from their respective religious scripttures but Hindu Marriage act is not adopted as per Sanatana Dhama scripttures.

(VII) Here is the example –

PURUSWARTHA (Dharma, Artha, Kama and Moksha)

Puruswartha - Goal set of life of all human.

Sanatana Hinduism is a natural religious practice but Abrahamic religions are prophetic religions. The central doctrine of Hinduism is Puruswartha (Goal-set of life of all human beings). Puruswartha can be achieved by Dharma, Artha, Kama and Moksha. Provided that Artha and Kama should be achieved as per Dharma of individuals belongs to their respective social categories (Varnas). If any person, does his respective Dharma dispassionately, deduce/earn their Artha and Kama as per their Dharma, conducts ideal good deeds (Karma). Such persons are eligible for Moksha (Mukti, ultimate freedom even from time). Here Moksha is the ultimate goal-set of life of all human beings.

Lord Krishna said in Bhagvat Geeta Shloka 14 -

"brahmana-kshatriya-visham shudranam cha param tapa .

karmani pravibhaktani svabhava-prabhavair gunaih" .

means -

Brahmins, Kshatriyas, Vaishyas, and Shudras are equally respectable.

Their duties are distributed according to their qualities (not by birth).

DHARMA OF SHUDRAS: -

Here I am going to primarily focus on Dharma(duties) of all Shudras because as per Sanatana Hindu Smrities, all human beings are Shudra in modern era (Kaliyuga). All skilled and unskilled workers are Shudras.

In general,

a) Satya Yuga was for Brahmanas (Sri Vamanadeva and Sri Parasurama)

b) Treta Yuga was for Kshatriyas – (Lord Ramachandra)

c) Dwapara was for Vaishyas (Lord Krishna)

d) Kaliyuga is for Shudras (Lord Kalki avatara (yet to come))

DHARMA OF ALL SHUDRAS IS TO SERVE / PROVIDE SERVICE.

Dharma or duty of all Shudras is to give their respective services (Seva or Pariseva) to the society.

Example: -
A) Dharma of all Judges/advocates/lawyers is to serve their clients dispassionately to get proper justice.

B) Dharma of all public servants is to serve common tax payer men dispassionately to secure their rights and their welfare.

C) Dharma of all parliamentarian to pass such laws that secures all citizen’s rights irrespective of caste, gender, religion and place of birth. (Provided here that Hinduism is not a religion. It is a natural practice and Indian core culture).

C) Dharma of all of all doctors to serve their patients dispassionately to cure.

E) Dharma of parents is to serve their children to make them learn Sanatana ethics dispassionately to make them well-cultured human beings.

F) Dharma of all service providers to serve their clients dispassionately for their welfare.

Therefore, Dharma of all Husbands and Wives are to provide their respective services/contributions towards their own families/children.

We may observe nowdays that wives, judges/advocates, parliamentarian, public servants, parents, common people almost no-body is doing their respective Shurdra Dharmas honestly and dispassionately in mordan era (Kaliyuga).

a) Adulterous/Deserted wives ask money without serving towards their families.

b) Advocates do not serve husbands, those are falsely accused. Advocates extort them.

c) NGOs give misleading advises to innocent husbands those are falsely accused.

d) Public servants ask bribes, justice deny, accused falsely innocent husbands.

e) Parliamentarians pass unconstitutional and inhuman laws.

f) Parents don’t serve towards their children to become to make them learn Sanatana ethics dispassionately to make them well-cultured human beings.

g) Common people enjoys their mediocre minds, don’t wish to understand/analyze, don’t wish to oppose mal-practices of these people and guide innocents.

Establishing Dharma over Adharma by opposing Adhama is Manava-Dharma.

Hindu Concept of Vivah(marriage): – Since ‘Kama’ should be achieved as per ‘Dharma’ from aforesaid understandings, Hinduism believes that Vivah(marriage) is only righteous(Dharma) way to get into relationship between man and woman. There are total eight types of Vivah available on Manu-Smriti. Live-in-relationship is also one legitimate type of marriage (Gandharva Vivah). Lord Rama and Lady Seeta were famous of monogamy whereas Lord Krishna and Lady Draupadi were famous of polygamy/polyandry. Multi-marriage (both polygamy and polyandry) is permitted but adultery, divorce and remarry anytime is prohibited in Hindu philosophy. In brief, Hindu marriage cannot be dissolved but multi-marriage is permitted as human nature is to be polygamous. Since money making out of human relationship (prostitution), buying/selling human body (human exploitation) is illegitimate (Adharma), the following practices are prohibited. There is no exact word (तत्सम) or lexical resources in Sanskrit language of the following words -

a) Talaq

b) Divorce

c) Mahr

d) Kabin

e) Dowry

f) Alimony

g) Mainanance

Sanatana Hinduism believes that women(brides) are representative of Lady Lakhsmi and Men(grooms) are representative of Lord Narayana. They are treasures beyond price hence cannot be purchased by Dowry/Mahr (money). Therefore, they are dispassionately gifted to men(grooms). This is considered the most precious gift of bride’s father to the groom. Gift from one Gotra to another Gotra.

Abrahamic Religious Concept of Marriage/Shaadi/Nigah (mainly, Christianity and Islam): – Divorce, Talaq, Mahr, Kabin, Dowry, Alimony, Maintenance and hence money making out of human relationship or prostitution – these are legitimate. To get divorce, Christian couple need to go to a church and get divorce as per their rituals anytime. Christians can get divorce based on the consent of any single spouse. Muslims can get Talaq(Divorce) by triple Talaq rituals present on Islamic religion. Adultery is permitted as per law but people can get divorce on this ground and maintenance can be reduced.

CONSPIRACY

I) Adultery is legal but multi-marriage is illegal in India. Which one is Dharma as per Santana Dharma philosophy?

II) Hindus are forces to remain monogamous but Christians and Muslims are not.

III) HMA is against Sanatana Hindu Philosophy. HMA and Family laws like 498A, DVA and all type of maintenance/alimony laws are constructed against Sanatana Hindu philosophical doctrine.

IV) Wives who have deserted her husband, adulterous wives or any type of wives those don't do their respective Dharmas (i.e. to give their service toward their husbands/families/children) are awarded money from hard earned money of their husbands.

In the following link I have explained how maintenance laws are inhumane and unconstitutional (Adharmic) -

Maintenance laws are unconstitutional and inhumane.

From aforesaid arguments I let you to decide whether this act is a conspiracy against Hindus to destroy Hindu families and eventually make India as a Muslim country or not ?

 

Thanks,

Rocky Smith.
https://www.facebook.com/RockySmith4Calcutta/



Learning

 2 Replies

Ananda   17 December 2021

Must appreciate your efforts. There are lot of indian women (especially the previous generation not the empowered ones) who believe in equality and earning their respect and bread by hardwork and not by filing a maintenance application. There should never be a 'maintenance for life' for adults. Lot of women work even with no education. They are artists, vendors, cooks, business owners, housekeeping staff etc. and 'no work is small'. All these are also professionals, dignified and they have their family too. Because of the maintenance laws, wife can get corrupted as it is easy money, and it is mostly the educated and empowered one who gets corrupted. The worse thing is that their parents are also supporting. Cant tell if it is a conspiracy, but effectively these laws are doing only harm and no good at all. A fit and fine person should work and earn his or her bread, why does he/she need maintenance? Aatmnirbhar is applicable here too. If the maintenance provison is removed, corrupt women will not be enticed by free money and most of the marriages will be saved. It is high time that govt. tells a woman to start earning and stop depending on her husband. Lot of women have been working hard , since ages.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 December 2021

Here is the explaination (link below) how maintenance act are inhumne and unconstitutional: -

https://www.facebook.com/groups/ssmukherjee41/posts/720033581471163

Explore your life, guided by core Sanatana Hindu philosophy, if you fall into matrimonial disputed facts. Below links may help you to overcome -

https://www.facebook.com/permalink.php?story_fbid=2178152665847487&id=100009583254195


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