This is the final week Ministry of Community Development, Youth and Sports (MCYS) is seeking public feedback for the draft Women's Charter (Amendment) Bill 2010. You can download the consultation paper (PDF) that lays out the proposed changes in simple language, or attempt the Amendment Bill (PDF).
Some of the more interesting parts of the proposed amendments are the creation of Children's Development Account where a portion of divorcing parents' shared assets is automatically channelled into for the children involved. Courts will also be empowered variously to crack down on maintenance defaulters. My personal favourite is that "divorcees who are remarrying will be required to declare in the presence of their new spouses, whether they have any maintenance arrears towards their ex-wife or children from their previous marriage(s)."
We on the farm strongly encourage everyone to give MCYS your opinion on changes to the Women's Charter. Now, however, the animals and I are departing from our usual farming duties to present a roundtable discussion we have on the Women's Charter. Gentle readers are free to steal our ideas and submit them officially, because it's very hard for us to explain why farm animals are so concerned about the Charter.
Roundtable Discussion.
Contrary to popular belief of who we are, it is the belief here on the farm that the biggest lacuna in the Amendment Bill is in its maintaining the alimony-only-to-women stance. Last year, Kanwaljit Soin reintroduced the idea of revising the Women's Charter Act to a Family Charter Act [ed: AWARE used to host "Women's Charter to Family Charter" speech transcript here, but not anymore; after the cut, we offer you instead an excerpt of a parliamentary debate by Dr Soin from 1996 when she first introduced the idea], in which maintenance is adjusted to allow husbands to claim maintenance should their wives be the higher earning spouse--I believe it's for shared custody cases.
I think this makes some sense as roles change, and men begin to step up in their caregiving roles. Not to mention, perhaps with such a system in place, we can begin to drop any machoistic shame of being primary care-givers. An adjustment to leave entitlement will also make especial sense for single fathers.
If we focus on the benefit of the children, rather than What About The Menz, there's probably much more that can be done in terms of this bill as well, perhaps latching onto expanding benefits to single parents.
Oh My Goat:
I think there are also men who have some pretty reasonable issues with the Women's Charter. It's not to say that it's unnecessary - it was revolutionary as far as its protection of women was concerned - but there are parts of it that need to evolve with the times.
Maintenance payments, for one, need to be fairer - it doesn't make sense for a father to pay maintenance to a wife (note: not for the child, but for the wife, which is a separate claim altogether) who out-earns him or is more than capable of caring for herself. It was probably unheard of when the Charter was introduced, but it's not so uncommon nowadays.
If you're a husband living a lower middle class sort of existence, your finances are more worse off after a divorce. You frequently find yourself homeless, likely not earning enough to rent another flat and on top of that, you have legal fees and maintenance payments. It's what it is, and yes, men ought to be responsible for their children, but if you're not earning much to start with, it can make you feel like you have the rough end of the deal.
Magical Chicken:
Wholly agree with Oh My Goat. There's no reason whatsoever why gender should become a blanket proxy for financial capacity and contributions, when these are matters which can be reasonably easily assessed by a judge in and of themselves. I was really glad to see Kanwaljit Soin raise this last year. It's actually rather surprising that men (since they are the demographic disadvantaged by the status quo) haven't organised to push for appropriate change themselves. I wonder if there might be some kind of conflict for some men between wanting to support traditional notions of masculinity to shore up their sense of social status, and what's in their actual financial interests. Another example of how patriarchy is an ideology which fucks us all up.
Badly Drawn Pig:
This is why I think the law can take a progressive lead on things. It shouldn't always be a case of the majority, sometimes unaware or unconscious, society setting the pace of things. The law and the government can, in fact, recognise that certain change would be beneficial - I think we've actually got this in practice in many other areas - and effect amendments that would pave the way to mindset changes. A society where legal mechanisms are in place for husbands' receiving maintenance, is a largely different one in which maintenance is afforded only to the wives. We cannot possibly deny the fact that such an arrangement puts ideas in the minds of people, as often is the case such as Rony Tan, who refuses to retract his foul statement on gay people simply because a legal clause is actually in place that in principle criminalises gay men sex.
Poultrygeist:
Like Oh My Goat has said, my primary problem with the Women's Charter is the arbitrary provision requiring a man to maintain his wife, irrespective of the fact that she may have a greater earning capacity. I think the Court now deals with this issue by varying the quantum of maintenance, but I don't think this is enough in the circumstances since the wife will always have the right to apply to Court for maintenance. I think the issue of parity must cut both ways and the law needs to be amended to reflect this.
Second, re: maintenance for the child. Legally, both parents are obliged to maintain the child, but perhaps more can be done by the law in a situation where the man's earning capacity is lower than his wife. As Oh My Goat says, there are many fathers out there who feel they've drawn the short straw, especially keeping in mind that care and control of the child usually is awarded to the mother (with the father being granted the right of access) unless there are extenuating circumstances. I would imagine this is really painful in itself.
However, it needs to be kept it mind that there is only so much money to go around, especially if the father is earning significantly less, or not at all (as was the case in the article). In these situations, inevitably, maintenance payments are going to be a financial strain, along with legal fees, bills and rent etc. I don't think it's got anything to do with not wanting to help the child - it's not having adequate means to do so, and this is a salient factor which needs to be expressly considered.
(But of course with checks to prevent the other side of the coin - recalcitrant fathers who withhold maintenance payments for whatever reason.)
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After the cut, read the brilliant parliamentary debate excerpt by the woman who started the ball rolling for all of us, former-NMP and a personal heroine for us on the farm, Dr Kanwaljit Soin; taken from Yawning Bread:
MARUAH letter on recent changes to electoral procedures
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Maruah has submitted the following feedback to Elections Department of
Singapore (“ELD”) in view of the General Election due by next year, and
ELD’s announ...
6 months ago