Ivy Dey, LLB. (Hons.), National Law School of India University, Bengaluru
ABSTRACT
This article critically examines the notion of conciliation within the legal frameworks of the Hindu Marriage Act, 1955 and the Family Courts Act, 1984 and purports to explore the contours of gender equality within the context of marital reconciliation. Employing a multi-method approach that combines doctrinal legal analysis with qualitative examination of ethnographic data from family court proceedings, the study traces the historical evolution of these Acts and elucidates how the overarching emphasis on preserving marital sanctity inadvertently perpetuates patriarchal norms and undermines gender equality principles. The study analyzes the power dynamics inherent in conciliation processes, where women are often coerced into compromising autonomy, safety, and well-being to uphold the marital institution, and argues that the idealization of marriage, coupled with the non-recognition of women's domestic contributions, reinforces economic subordination. Moreover, prioritizing children's welfare frequently overshadows women's individual rights and needs. Deeply entrenched judicial biases exacerbate systemic oppression, as judges reinforce gender stereotypes during conciliation proceedings, highlighting the tension between preserving societal norms and upholding gender equality. Through a critical examination of statutory language, legislative history, judicial reinforcement of gender hierarchies, and empirical data, this article calls for re-evaluating underlying assumptions governing the implementation of conciliation, ensuring women's interests are not compromised in the pursuit of marital stability.
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