PIL in Supreme court seeks uniform grounds of Maintenance and Alimony for all citizens

A Public interest litigation (PIL) has been moved in the Supreme Court seeking 'gender and religion-neutral' uniform grounds of maintenance and alimony for all citizens. The plea filed by advocate Ashwini Kumar Upadhyay seeks directions to the Union home and law ministries to take appropriate steps to remove the prevailing irregularities in the grounds of maintenance and alimony and make them uniform for all citizens without discrimination on the basis of religion, caste, race, sex or place of birth.

The plea stated that despite the eloquent provisions in the Constitution, the central government has totally failed to provide even gender-neutral, religion-neutral uniform grounds of maintenance and alimony for all citizens. Maintenance and alimony are the only sources of livelihood hence discrimination on the basis of religion, caste, race, sex, or place of birth is a direct attack on the right to life, dignity, and liberty guaranteed under Article 21 of the Constitution, the plea said.

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The petition further stated that even after 73 years of Independence and 70 years of India becoming a socialist secular democratic republic, laws relating to maintenance and alimony are not only complex and cumbersome but also against the constitutional mandate of being rational, equal, and just. 

"Hindus, Sikhs, Buddhists, Jains are governed by the Hindu Marriage Act 1955 and the Hindu Adoption & Maintenance Act 1956. Muslims are dealt as per the status of valid marriage & prenuptial agreement and governed under the Muslim Women Act 1986. Christians are governed under the Indian Divorce Act 1869 and Parsis under the Parsi Marriage & Divorce Act 1936, but none of these laws are gender-neutral," the petition said.

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The petition also said the discriminatory maintenance and alimony reinforce patriarchal and stereotypical notions about women and thus any provision that perpetrates or reinforces discriminatory stereotypes against women is manifestly arbitrary. The plea also sought gender and religious neutral uniform ground of maintenance and alimony keeping with the spirit of the Constitution and international conventions. The Law Commission needs to examine domestic and international laws and prepare a report on uniform grounds of maintenance and alimony within three months, the plea stated.

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(With inputs from Agencies) (Image PTI)