In India, women had full equality (at least legally) and unified respect.
However, in modern culture, women are using the very legislation that was
designed to protect them as a weapon instead of a shield by making false
accusations under its provisions and threatening their husbands under the
decree. There is no way out of this swamp for man. Because men do not have
adequate laws to protect them.
And man must overcome obstacles in order to establish his innocence. Being a
male does not imply that he did anything wrong and that he must shoulder all
expenditures and pay maintenance without being at fault. Our court operates
under the guiding philosophy "let a hundred guilty be acquitted, but one
innocent be convicted." So, why is not our government paying attention to the
Society need an atmosphere in which men may openly report incidents without fear
of being ridiculed. This paper will also address how Indian alimony laws are
being utilized for purposes other than what they were intended for and how they
are prejudiced towards one gender.
In recent years, alimony has been painted as the largest problem for Indian
males. But is not alimony the last line of defense most women have left, given
how society views marriages and the pervasive gender divide? The requirement for
child support and maintenance is ably reaffirmed by this Supreme Court decision.
Today, women are harmed by alimony, which was originally seen as a feminist
victory since it helped women who otherwise had little financial options.
It is difficult for men who were equally in unhappy marriages and now have the
added responsibility of supporting this ex-spouse for life to receive a type of
guaranteed permanent maintenance. Women should not rely on a male partner for
the rest of their lives because jobs are accessible to both sexes in today's
environment. Supporting a child is very different from supporting a spouse who
could work if she wanted to and obtain insurance-covered childcare for the
Today, there are more divorces involving women in India than there were in the
past. The reasons for this include fake cases brought about by the abuse of
laws that discriminate against women, fake feminism, and the exploitation of
these laws by legislators and supporters to make quick money. Due to free money
received in the form of alimony and maintenance, divorced women typically have
the most secure financial situations.
Given that marriage provides a fixed, non-diminishing source of income for
women, divorce is preferred in India by women over refusing to get married.
There are numerous examples where women opt to be married and then leave the
marital house in a very short amount of time, filing fictitious cases of dowry,
domestic abuse, etc. to obtain money under the guise of maintenance,
compensation, or alimony in order to enjoy singlehood with unlimited income.
In reality, women today are avoiding their obligations as mothers,
daughters-in-law, and wives. Today's women are extremely averse to taking on
responsibility. The major goal is to remain single without being burdened by
obligations and to take advantage of cheap money. The government, politicians,
and false feminists are backing them by enacting more gender biased legislation
and taking no action against bogus cases. These women use men and their families
as punching bags to satiate their maladaptive psychological demands.
According to information obtained through a RTI Act request, the conviction rate
for the High Court of Karnataka has never been higher than 4.24%, meaning
that only a very small percentage of cases were actually true. And the remainder
were made up cases that were filed with the bad goal of harassing wives and
their families in order to satisfy their psychologically unhealthy desires.
This paper further aims to delve into the history of alimony then relevance and
economic justification of alimony then the researcher will discuss evolution of
divorce and alimony then the same in Indian context, then the researcher will
discuss gender biased alimony system in India, further the researcher will
conclude the paper with a conclusion followed by some suggestions.
Due to the rarity of divorce, the fact that husband and wife continued to be
legally married even after their physical separation, and the husband's
continuing duty to provide for his wife, alimony developed traditionally as a
consequence of the inseparable nature of marriage. Many communities still
recognized the necessity for the wife to be maintained after a marriage has
ended, at least temporarily, while divorce rates increased.
The earliest societies to require maintenance were the Egyptians, Greeks, and
Hebrews. Conflicts with the separated wife's family were avoided thanks to the
procedure. The origins of alimony may be found in the Babylonian Code of
Hammurabi, which stipulates that if a husband divorces his wife without paying
alimony, he must instead give her a piece of silver. Further it included laws
governing marriage, one of which stipulated that if a couple got divorced, the
male had to return the dowry, grant his ex-wife custody of any children, and
provide her a stipend to support her and their kids.
The male must still repay the dowry and give his ex-wife what would be
considered a "bride price" even if there were no children. "Bride price", also
known as bride wealth in the past, is the "sum of money", "a piece of property",
or other assets given to a woman's parents in exchange for their consent to
allow their daughter to marry. The dowry and this price would be given back to
The Code of Justinian, which subsequently served as the foundation for both
Roman law and British common law, also mentions alimony in the context of Roman
law under Justinian I. It states that the spouse might claim gold from the
guilty spouse in the event of a divorce. In the framework of marriage by habit
and repute, in which a couple is regarded legally married and is entitled to all
rights and advantages resulting from that marriage while not formally
registering their union, this legislation concerns alimony.
A time when married couples could only acquire a legal separation and divorce
was not an option gave rise to alimony in the English ecclesiastical courts. The
husband was still legally required to support his wife even though they were no
longer living together since they were still legally married.
The English ecclesiastical courts, which granted alimony in separation and
divorce cases, are where the current idea of alimony originated in the United
States. Based on the husband's obligation to support the woman throughout a
marriage, alimony pendente lite was paid until the divorce judgment was
Since ecclesiastical courts could only grant a divorce a mensa et thora,
post-divorce or perpetual alimony was similarly predicated on the idea that the
marriage endured. This term refers to a divorce, which is really more of a
court-granted separation in which a husband and wife are no longer required by
law to cohabitate but whose marriage has not yet ended. Therefore, the husband's
obligation to provide for his wife was upheld.
Moreover, divorce in this nation was previously entirely blame-based, so a woman
could only receive alimony from her ex-husband if it was determined that he was
to blame for the divorce. Furthermore, alimony judgments in fault-based
countries were made based on the level of fault and preservation of status.
Relevance Of Alimony
Marriage marks the beginning of a partnership that society expects to continue
forever. However, because to the partners' personal troubles, which eventually
interrupt their lives and make them unpleasant, this partnership does not always
work out as anticipated. In these cases, such persons have profited from divorce
by formally separating from their marriage. Divorce is the legal procedure to
dissolve a partnership, and it requires both parties' permission.
The financially stronger party will often offer cash compensation in order for
the financially weaker party to continue living at the same standard of living
after the divorce. During the course of a marriage, one of the parties, usually
the wives, may have given up on their professional life in order to care for the
household, whereas the other party, the men, may have developed professionally
over time, whereas after a divorce, a woman must rebuild her life from the
ground up. He may be the managing director in twenty years, while his wife may
begin her career as a secretary since she lacks professional experience.
Alimony therefore guarantees that both couples can meet their financial needs.
If one spouse worked unpaid labor throughout the marriage, such as childcare or
housework, they will not be "empty handed" after the marriage thanks to alimony.
And it stops one spouse from devoting years of their life to the marriage at the
expense of their own professional advancement, only to be unexpectedly forced
into the job.
These issues are typically faced by couples who have raised children throughout
their marriage when one spouse elected to stay at home with the children while
the other was solely responsible for working and supporting the family.
The Economic Justification For Alimony
The economic justification considers alimony principally as a method of
promoting effective conduct throughout marriage, in contrast to traditional
theories of alimony, which place emphasis on attaining distributive fairness
between divorced spouses.
Two characteristics of a normative economic approach to law are incorporated
into this efficiency justification. First, in order to assess the effects and
attractiveness of alternative legal regimes, it employs an ex-ante rather than
an ex-post approach. Second, it asserts that the primary goal of laws should be
efficiency, or wealth maximization.
Three underlying presumptions form the basis of the efficiency argument in
support of alimony. First, efficiency theorists presumptively believe that
married people, like other sane people, want to maximize their own wellbeing.
Second, these theories contend that individuals optimize their own welfare by
creating and acquiring commodities.
Therefore, efficiency theory views marriage as a husband-wife partnership in
which both individuals want to optimize their respective contributions to the
production of commodities.
These commodities range from so-called "household commodities" like home-cooked
meals and quality family time to more conventional indicators of market
prosperity like income and tangible possessions. The ability of one or both
spouses to create income or other goods in the future is improved by personal
assets, which economists refer to as investments in human capital.
Efficiency theorists employ the concept of comparative advantage to claim that
specialization within marriage enables spouses to optimize their combined
production of market and nonmarket goods, which is third and maybe most
significant for the economic basis for alimony.
According to this idea, individuals of a household (or of an organization)
should allocate their resources to various tasks in accordance with their
comparative or relative efficiency in those tasks in order to optimize total
productivity. Married people will maximize their joint production of goods-and
for efficiency theorists, their overall well-being-by having each spouse
specialize in the productive sector for which he or she is comparably better
suited. This is similar to how businesses increase their output, and therefore
their productivity, by having employees specialize in specific tasks or aspects
of the businesses.
Evolution Of Divorce And Alimony
Even though the fault-based divorce system actually rarely enforced alimony in
practice, it made sense in principle. Since divorce was only a possibility in
circumstances where one spouse had broken their marital obligations, alimony
acted as a type of damages remedy for breach of the state-imposed marriage
Additionally, because the contract was obviously based on gender and assigned
all support responsibilities to men, only wives were qualified for alimony in
the event of a divorce. Alternately, under the fault-based system, alimony may
be justified as making up damages for the conduct of the "guilty" spouse, and a
divorce may be seen as a particular category of tort action.
The advent of no-fault divorce and the abolition of the state-mandated marriage
contract have gravely undermined these traditional arguments for alimony. Since
divorce no longer required proof of fault or a breach, a damage remedy seemed
out of place. Due to the fact that marital responsibilities were no longer
strictly gender-based, an alimony remedy that was based on the husband's need to
provide for his wife and was only open to her appeared unjust and out of date.
Furthermore, the no-fault system was more focused on carrying out one or both
couples' wishes to end their marriage than the fault-based system, which placed
a greater emphasis on sustaining the marital unit. Since there was no longer a
societal pressure to maintain the marriage, it became challenging to defend
financial obligations that endured divorce.
As a result of divorce reform, alimony has been reduced to a theoretical void.
Initially, reformers attempted to close the gap by redefining alimony as a brief
transitional payment intended to assist former dependent spouses in becoming
financially independent as soon as possible. To do this, a number of nations'
trial courts generally replaced interim "rehabilitative" payments for so-called
permanent alimony. The emphasis of the reformers on ensuring a clear financial
separation between separated couples corresponded with the shift from open-ended
to term-limited compensation. 
Alimony: Status And Evolution In India
In just about all scenarios, alimony is issued when a spouse is unable to meet
his or her basic necessities. However, according to Indian alimony statutes, it
can be granted to either spouse, in the majority of cases, it is awarded to the
woman by her husband. In India, there are two sorts of alimony: "interim
maintenance", which is paid while the court processes are ongoing, and final
maintenance, which is paid at the moment of formal separation and "Permanent
Maintenance", that is generally granted on-time following the conclusion of the
"Very few laws in the country provide any support for men in this regard,"
explains advocate Siji Malayil. Because of India's religious variety, each
religious group operates under its own personal law, which is based on religious
texts, customs, and traditions.
Because alimony law is derived from personal laws, the grounds for claiming
alimony vary from community to community. Despite the fact that the Indian
Constitution recognizes men and women as equals, the country nevertheless has
several regulations that are biased against one gender and are frequently
Given that many of these laws were created centuries back, it is time for
others, such as the Special Marriage Act of 1954 in the nation, to include
provisions allowing both genders to equally claim alimony. The British, for
example, shaped the Indian Christian Marriage Act in 1872 based on their
Women did not have the right to own properties before then, thus paying
maintenance made little sense. But things have changed a lot since then. While
the original legislation has been amended in the United Kingdom, it is now time
for India to do the same.
Subsequently, when we talk about the evolution of the alimony system The Hon.
Supreme Court observed that Section 3(b) of the Hindu Adoptions and Maintenance
Act, 1956, would clearly indicate that the legislature intended for the
provision of "food, clothing, housing, and other necessities" to constitute real
maintenance rather than bare or starving maintenance in the case of Ruma
Chakraborty vs. Sudha Rani Benarjee
The legislature's intent is further evident from the words "also the reasonable
expenses of" found in clause (ii) of Section 3(b) of the Hindu Adoption and
Maintenance Act, which clearly indicates that an unmarried daughter is also
entitled to the costs associated with an incident to her marriage in addition to
the expenses of "food, clothing, residence", etc.
The title and language of Section 23 of the Hindu Adoptions and Maintenance Act,
1956, which discusses maintenance amount, make the aim of the legislator utterly
apparent and straightforward. Therefore, it is appropriate to infer that Section
23 of the Hindu Adoption and Maintenance Act makes explicit what is implied
under Section 3. 
In Rajesh Burman v. Mitul Chatterjee
, the Supreme Court notes that
the terms "maintenance" and "support" are defined as include means of
subsistence, "food, clothing, housing, recreation, health, proper care, nursing,
and medical help in times of illness". The Court further noted that previous
rulings of the court had made it apparent that "maintenance" and "support" were
identical and comprised the "act of maintaining," which included housing, food,
leisure, education, and medical care.
According to the 1956 Hindu Adoption and Maintenance Act, a Hindu wife who
has a valid reason to live apart from her husband is allowed to do so without
losing her right to maintenance. The wife has the right to seek dissolution of
the marriage as well as maintenance until she remarries under section 2(ii) of
the Dissolution of Muslim Marriages Act 1939, despite the fact that the
Hindu Law provides for a separate residence for the wife under such
circumstances when a Muslim husband fails or neglects to provide for his wife
for a specific period of time.
Generally speaking, the Muslim Women (Protection of Rights on Divorce) Act,
1986 was passed by the Indian Parliament in 1986 in order to override the
Supreme Court's ruling in the Shah Bano Begum case
regrettably, there are still certain errors in legislation and its application
that need to be investigated and resolved by the majority of High Courts and the
The Muslim Women (Protection of Rights on Divorce) Act of 1986 was upheld as
constitutional in Daniel Latifa's case by the Supreme Court in 2001. The
court found that the remedy provided therein served a purpose and would
otherwise be addressed by Section 125 of the Code of Criminal Procedure. It
also found that personal law was a reasonable basis for classification. However,
the question of whether the 1986 Act's remedy is actually appropriate and
reasonable is still up for debate.
The phrase "Difficulties of a litigant in India begin when he has obtained a
decree" perfectly captures the current state of affairs with relation to the
execution of judgments and decisions in our nation. Due to this, matrimonial
courts have discovered other methods for implementing the rulings. But are these
methods sufficient to provide help to the poor?
The "welfare of the children" is given highest priority by the court while
deciding on temporary and permanent alimony orders. It is proposed that the age
limit for children claiming maintenance be raised until the child completes his
or her education and is able to earn money in accordance with his or her
qualification in order to cover the significant costs associated with obtaining
professional degrees and higher education.
The remedy provided for in Section 18 of the Hindu Adoption and Maintenance
Act is essentially rendered ineffective by the payment of a sizable court
fee, hence prompt legislative action is required to alleviate the circumstances.
Legislators should set explicit rules to protect the rights of women who have
been "duped" into second marriages in order to provide them some reprieve from
their deceivers since the issue of second wife maintenance is quite serious.
Both Section 125 of the Code of Criminal Procedure, 1973 and the personal
laws extend to the idea of maintenance in India. This idea is further supported
by Article 15(3) and Article 39 of the 1950 Indian Constitution. When a man
's wife, kids, and parents are unable to care for themselves, it is both a
measure of social fairness and the inherent obligation of a man to provide for
them. Preventing immorality and poverty while improving the economic standing of
women and children is the goal of upkeep.
Hindu laws are applicable to all individuals who are Hindu by religion and
include members of "Hindu, Sikh, Jain, and Buddhist communities". These laws are
also applicable on an individual who is not a "Christian, Muslim, Jew or a Parsi
and is not governed by any other personal laws" and the sum of alimony that
a husband must give to his wife is not decided by a fixed formula or set rule.
Both a regular monthly payment and a one-time lump amount are acceptable forms
The woman will still be given alimony to enable her to maintain the same
standard of living as her husband even if she works but her net earnings are
much lower than those of her husband. If the woman is not employed, the court
will consider her age, educational background, and earning potential while
deciding how much alimony to award.
The husband receives alimony from the court if the wife works and the
husband is disabled. There are several disagreements about whether a working
person in India may request alimony. According to the law, a worker is entitled
to the same wages and benefits that she got when dwelling in their marital
house. The drafting Panel is responsible for understanding divorce maintenance.
The amount to be given to the wife in the event of ongoing alimony payments has
been standardized by the Indian Supreme Court at 25% of the husband's net
monthly income. However, a one-time payment is often between 5% and 30% of the
husband's net wealth, but this is not a requirement. When determining alimony,
the court takes a variety of factors into account.
There are certain factors that are taken into consideration by the court while
computing the alimony amount.
Alimony: Status And Evolution In IndiaSuch factors may be varied and may include the following:
Alimony: Status And Evolution In India
Some of the evidence needed to prove that alimony is required for a
particular party are:
- Husband and wife's earnings and other assets, if any;
- In order to determine the husband's net income, mandatory deductions
like income tax, EMIs, loan repayments, etc. are taken into account.
- The husband's obligations, such as supporting parents
- The parties' social standing and way of life;
- Their ages and physical conditions;
- The length of their marriage; and
- The cost of educating and raising the child or children.
- You must first establish that you cannot support yourself financially
without the alimony in order to be eligible to receive it. You can
demonstrate this by providing details about your monthly costs, sources of
income and property, etc
- You must also present photocopies of your husband's income tax records
and pay stubs as evidence of his wages.
- If the spouse has a business, you must produce his balance sheet and
profit and loss statement.
- You can provide medical records, such as reports, as proof if you have
dependents to care for, such as "parents or kids who need medical
- The cost of the child's upkeep must be factored into the alimony payment
if they will be living with you.
The standards for divorce maintenance and alimony are the same for both
spouses, and the wealthy spouse is expected to assist the financially weaker
spouse. According to the divorce alimony calculator in India, this is primarily
done to guarantee that a couple has a higher quality of life.
Gender Biased Alimony System In India
Sadly, when it comes to the Indian constitution, the equality of both genders
that we all talk about is not at all realistic. It's true that the government
once had to include specific clauses in the constitution to protect women's
equality, but it's also true that some of these clauses obviously discriminate
against males. For instance, Section 125 of the Code of Criminal Procedure, 1973
defines maintenance in India and outlines other individual laws that extend the
right to maintenance to the wife's parents and children in addition to her.
Maintenance is an aspect of social justice in and of itself. As long as his
wife, kids, and parents cannot care for themselves, it is seen to be a man's
inherent obligation to provide for them. Women are emancipating themselves from
the patriarchal chains and asserting their equality in society, so they should
also be held accountable for paying maintenance to their husbands in cases where
they are unable to support themselves. They are also demanding gender equality
in all maintenance laws. The law of maintenance was originally intended to place
a major responsibility on the MALE to support their dependents.
Even while the Hindu Marriage and Adoption Act purports to be gender-neutral,
all other laws, including Section 125 of the Criminal Procedure Code and the
Hindu Marriage and Adoption Act, are still discriminatory towards males and
require them to support their wives and children. According to Section 125 of
the CrPC, there is legitimate bias based on gender with no functional
distinction, particularly with regard to the assumption that a husband, father,
or son has the capacity to support his dependents if he is healthy and
Through its judicial activism, our judiciary has assumed a leadership role in
promoting gender equality and neutrality; as a result, gender justice must be
provided for both equitably and without prejudice or partiality. Because only
males are responsible for paying maintenance, it has been petitioned that
Section 125 CrPC be ruled unconstitutional and in violation of Article 14. On
the other hand, it is hoped that Article 125 would be interpreted liberally to
prevent gender discrimination. Since it is not always the case that males are to
blame and women are the sufferers, laws should treat both genders equally.
Although Section 125 of the Criminal Procedure Code has made a laudable effort
to execute maintenance orders, the section is primarily supported by a moral
obligation that a person with sufficient resources be committed to his or her
dependents. It may be inferred that Section 125 is gender-neutral whenever it
comes to parental maintenance but gender-biased when it comes to spouse
The laws that address gender disparity do not take into account the abuse that
males experience, which can range from financial to sexual. In India, the
frequency of false accusations following a divorce, when the woman feels
mistreated, is rising daily. Men who face these degrading accusations are left
with little legal protection, which drives them to drastic steps like suicide.
According to the Marriage Amendment Act of 2000, a woman who divorces her
husband must be paid maintenance. Sometimes highly educated women have a
tendency to conceal the fact that they are actively employed while yet
requesting maintenance. If not, the spouse might be charged with a crime.
The nation must find a balance between the rising crime perpetrated by women and
the high rate of crime against women in order to prevent upsetting equality and
ensuring that it is accurately defined by fusing with humanism.
When highly educated women reject gender neutral legislation, the question
arises, "Is gender neutrality anti-feminism?" The simple answer is NO! The
Oxford Dictionary describes feminism as the support of women's rights based
on gender equality. Feminism was necessary at times because women were oppressed
by cruel patriarchal policies. "The idea that women were oppressed throughout
history is an appalling theory", However, the situation has altered today. Women
have equal rights and, without a doubt, more legal protections.
As previously said, our laws are utilized as a weapon against men and their
families. They're utilized to settle grudges and exact vengeance. Since
"equality is at the heart of feminism", we can all agree that gender neutrality
is the first step toward achieving it, and therefore implementing Article 14 of
the Constitution in its genuine sense. As a result, gender neutrality is not
incompatible with feminism. It instead attempts to realize the feminist goal of
Before moving on with any more feminism, we must address the following
questions: Is it fair to protect one sex at the expense of the other? , Are
these pro-women legislation actually benefiting women? Or are we still dragging
them and the country backwards by repeatedly reminding them that they are weak
and hence require these extra benefits? , How does limiting boys and men help
women? Rather than creating an imbalanced society, we need to raise legal
understanding and awareness of women's rights among the impoverished and
uneducated in communities and support the true victims!
Nowadays, there is a new tendency in the name of EQUALITY in which a female
marries a guy and after a few years of marriage falsely accuses him and files
many cases under domestic abuse, 498A, 125 for maintenance, and 406 to get
jewelry. In most situations, the husband's family is also implicated. As a
result, the family is summoned, resulting in harassment. The family eventually
settles the matter with large amounts and obtains a divorce. Currently, the
legislation serves as a haven for extortion. Many incidents follow a similar
"75% of cases are withdrawn because the women use the charges to extort money,"
said Wasif Ali of the Save Family Foundation, a men's rights organization that
provides counseling and legal support to "distressed men" charged under this and
other laws. "Even among the 15% convicted, many would-be innocent." India is
frequently chastised for its deplorable treatment of women, but it has never
considered women bothering men. The privilege granted to women must be amended
to safeguard males as well. A system in which women are safeguarded and men are
not hounded with bogus claims is urgently needed.
Over the past few decades, alimony in India has changed. A number of significant
cases have changed how alimony is handled. Most of the time, women are entitled
to alimony privileges. There have been several changes made to balance alimony
payers and recipients. In the past, who was eligible for alimony was based on
which partner had the greater financial standing. The partner who is stronger
must make up for all the lost comfort for the partner who is weaker.
The working woman should now also be eligible for alimony, it was recently
adjudicated. Its foundation is the concept that a woman deserves more respect
and that her husband must provide for her. In addition, a wife with a regular
income was required to get alimony from a husband who did not have a job. With
the right understanding of divorce and alimony rules, it empowers all parties
engaged in a divorce and results in a stress-free separation. However, this has
been a target for exploitation in many situations throughout the world. It also
provides aid to people who, because of their illnesses, are unable to sustain or
The "right to equality" is outlined in Article 14 of the Indian Constitution,
which states that everyone has the same status regardless of whatever
differences they may have. Therefore, it is crucial to provide everyone with
equal justice, whether they are male, female, or transgender. But sadly, India
lacks any legal protections for males against any form of sexual harassment done
by a woman.
Our criminal laws should be amended as needed to cover and forbid any kind of
violence against males. It is best to refer to domestic violence as "spousal
violence" and avoid making any distinctions based on gender. There should be a
legislation that defines any untrue allegations of dowry or assault. Men should
report any acts of violence or harassment they experience and must not be
dissuaded in any way from doing so.
It is crucial to realize that sexual harassment has nothing to do with the
victim's gender and is just about imposing power on the other. By adding
measures and sections to The Indian Penal Code that punish such harassment
against males, it is urgently necessary to safeguard men from sexual harassment.
The National Commission for Women, a statutory organization of the Indian
government, has been formed to advise the government on issues affecting women.
Our country requires a central organization for males along the lines of NCW,
and it is past time for it to be founded. As statistics reveal, males require
assistance in combating false allegations and improper use of the law by women.
Purush Ayog, or the National Men's Commission, might be the first step toward
creating a society with gender-neutral laws and practices that consider all
victims as equals and all offenders as criminals, regardless of gender.
The Judiciary and the Legislature must guarantee that these sexual harassment
statutes are not abused, resulting in bogus accusations of violence against
males. It is crucial that the Indian legislative transform rape and sexual
harassment laws into gender-neutral offenses, and our government must put more
of an emphasis on sexual harassment of males than on any other offenses. So,
regardless of gender, every victim may be sure to get equal access to justice.
Asking whether gender should be given precedence in harassment is of negligible
significance since these types of crimes are against humanity and whichever the
perpetrator is, they must be held accountable.
When it comes to sexual harassment of women, the government, media, and society
are considerably more engaged and attentive than when it comes to male sexual
harassment. Hence, it is crucial for our culture to acknowledge and embrace the
idea that "man can also be raped" and "woman can also rape", consequently man
can also be victim and women an also be the perpetrator.
In addition, whomever unjustly accused an innocent person of rape, regardless of
gender, should be thoroughly investigated and imprisoned for falsifying the
evidence. Therefore, in my opinion, a distinct entity must be established to
counteract misleading evidence and assess the case's veracity before it gets to
a subsequent trial. because doing so will allow the media and society to
identify the genuine guilty party.
Equality is a fallacy, and Indian feminists seek privilege rather than equality.
If there had been true equality, people would have demanded work rather than
alimony or maintenance. And while it is true that all family laws discriminate
against males and may be challenged, who would raise the alarm? There is no
public anger over this prejudice. If you discuss it, you are labeled a
misogynist. As a result, everyone is quiet and conforming to the system, which
believes that women are all saints and men are predators.
As was previously highlighted, our nation's maintenance legislation must be
gender-neutral. More damage than good might come from turning them into laws
that only benefit women. It is a serious offense to other gender groups to make
a right gender-specific.
Furthermore, laws that are not updated to reflect the times' changes frequently
lose their validity over time and are declared unconstitutional. However, it is
advisable to change them early rather than later in order to avoid such extreme
situations. To sum up, maintenance rules ought to be applied to both spouses
under secular law, which is equally applicable to all regardless of gender and
The Gender biased alimony system and child custody laws in India are examples of
how the Indian Law has a history of supporting gender discriminating and
preconceived stereotypical lines of thought. It is becoming more and more
obvious that such laws have no place in a contemporary society that has to move
past the colonial mindset. Most of these issues have been already addressed in
the majority of nations; India should follow suit and repeal its outdated laws
to avoid furthering the perception of a broken legal system.
Enacting legislation that are gender-neutral - Implementing gender-neutral
legislation is the only way to get past this oddity and fix it. Leaving personal
laws aside, the secular law should always adhere to the Indian constitution's
requirements. A secular legislation, the code of criminal procedure shall not
violate the constitution in any way, including with regard to sexual orientation
or religion. It would be a grave injustice and a violation of both the preamble
and the constitution's equality clause if males were excluded from its scope.
Analyze and adapt to what the rest of the world is doing - Many advanced and
developing nations outside of their own understand the value of gender
neutrality and permit people to make claims for "spousal maintenance" as opposed
to "maintenance to just wives." The United Kingdom, Russia, Singapore, France,
Sri Lanka, and South Africa are a few examples of these nations.
Become familiar with the new normal-The traditional conventions are starting to
stray as society changes. Taking care of the house while the woman works outside
the home is now socially acceptable. Another situation is when the wife makes a
lot more money than the husband. In such circumstances, the husband may find
himself in a difficult position because the wife would no longer be liable to
her ex-husband. This may seem strange in Indian society, yet a circumstance like
this might leave divorced or separated men "destitution."
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ALIMONY: MARRIAGE OR DIVORCE?" History of Economic Ideas, vol. 23, no. 3,
2015, pp. 147-65. JSTOR, http://www.jstor.org/stable/43924293. Accessed 9
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Studies, vol. 7, no. 1, 1978, pp. 35-63. JSTOR, http://www.jstor.org/stable/724064.
Accessed 9 Dec. 2022.
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Affairs. Available at: https://nationalaffairs.com/publications/detail/the-evolution-of-divorce.
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Alimony Law and Its Present Statutory Structure." Law and Contemporary
Problems, vol. 6, no. 2, 1939, pp. 197-212. JSTOR, https://doi.org/10.2307/1189357.
Accessed 9 Dec. 2022.
- Dua, , S. (2022) You will lose all this if you divorce your wife - brace
up for repercussions, The Economic Times. Available at:
- Mavad, A. (2021) 'alimony laws in India are biased', Deccan Herald. DH
News Service. Available at: https://www.deccanherald.com/metrolife/metrolife-your-bond-with-bengaluru/alimony-laws-in-india-are-biased-1052516.html.
- The Special Marriage Act, 1954
- The Indian Christian Marriage Act, 1872
- Ruma Chakraborty vs Sudha Rani Banerjee & Anr on 4 October, 2005. CASE
NO.: Appeal (civil) 2565 of 2001
- The Hindu Adoptions And Maintenance Act, 1956 Section 3(B), Sub-Section
- The Hindu Adoptions And Maintenance Act, 1956 Section 23 & 3
- Rajesh Burmann Vs Mitul Chatterjee (Barman), Civil Appeal No. Of 2008,
Arising Out Of Special Leave Petition (Civil) No. 14183 Of 2007
- The Dissolution of Muslim Marriages Act, 1939, section 2 sub section ii
- The Muslim Women (Protection Of Rights On Divorce) Act, 1986
- Ahmad Khan v. Shah Bano Begum [1985 (1) SCALE 767 = 1985 (3) SCR 844 =
1985 (2) SCC 556 = AIR 1985 SC 945]
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- Dutta, M. (2020) The difficulties of a litigant in India begin when he
has obtained a decree, Live Law. Live Law. Available at:
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- Ruth Vanita, Democratising Marriage: Consent, Custom and the Law, in Law
Like Love, 351, (Arvind Narrain & Alok Gupta eds., 2011).
- Amit Anand Choudhary / TNN / Updated: Apr 21, 2017 (no date) Supreme
Court sets alimony benchmark: 25% of ex-husband's net salary: India News -
Times of India, The Times of India. TOI. Available at: https://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms.
- Chandra, J. (2021) Amendments to marriage age contradict other laws,
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- Feminist noun - definition, pictures, pronunciation and usage notes:
Oxford Advanced American Dictionary at Oxfordlearnersdictionaries.com (no
date) feminist noun - Definition, pictures, pronunciation and usage notes |
Oxford Advanced American Dictionary at OxfordLearnersDictionaries.com.
Available at: https://www.oxfordlearnersdictionaries.com/definition/american_english/feminist
- Keshav (2016) How to fight false cases of DV, maintenance, CRPC 125,
498A ETC, Men Rights India. Available at: https://menrightsindia.net/2015/01/how-to-fight-false-cases-of-dv-maintenance-crpc-125-498a-etc.html.
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