Mumbai: Speakers from across the spectrum on Tuesday spoke up for a regulated framework on prenuptial agreements and warned against myopic views on women’s protection.
Retired Supreme Court Justice Jasti Chelameswar was unambiguous on the core legal question. “I personally believe there is nothing inconsistent with the public policy of this country to have a prenuptial agreement,” he said. “Even in England, marriage was considered sacred, and this question lingered for quite some time.”
The Ladies’ Wing of the IMC Chamber of Commerce and Industry hosted a discussion on the need for recognition, regulation, and enforcement of prenuptial agreements in India’s emerging legal landscape. Organised by its legal committee headed by Rajyalakshmi Rao, Snehlata Paranjpe, Abha Singh and Anita Chouhan, the event also brought together former Union minister for women and child development Smriti Irani and Brijesh Singh, principal secretary to the CM. The talk took place amid India’s ongoing conversation on Uniform Civil Code (UCC).
Singh agreed on the need for prenups, but drew a hard line on sequencing. “I believe this is essential but not possible without UCC,” he said, arguing that without codification, a prenup challenged under Section 23 of Contract Act is at the mercy of individual judicial interpretation. He warned that without UCC, parties effectively “give away the right to alimony” through such agreements, leaving the more vulnerable spouse at a disadvantage.
Irani said, “To presume a prenup will be a guarantee for women’s protection is myopia.”
Justice Chelameswar said the real question was how many would be able to obtain legal advice before entering such a contract, adding that the immediate benefit would reach “a very limited number of people”.
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