Maintenance and alimony is the only source of livelihood hence discrimination on the basis of religion, race, caste, sex or place of birth is a direct attack on the right to life, liberty and dignity, guaranteed under Article 21 of the Constitution, it said.
"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 equal, rational and just," it said.
"Hindus, Buddhists, Sikhs, Jains are governed by the Hindu Marriage Act 1955 and the Hindu Adoption & Maintenance Act 1956. Muslims are dealt as per 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," it said.
The PIL stated that 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 has sought directions to declare that the discriminatory grounds of maintenance and alimony are violative of Articles 14, 15, 21 of the Constitution.
It has also sought directions to the Law Commission to examine domestic and international laws and prepare a report on "uniform grounds of maintenance and alimony" within three months.
(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.
As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.
Support quality journalism and subscribe to Business Standard.