Abstract

The topic of gender-neutral maintenance legislation is increasing in India due to the transformation in social roles and the provisions of such laws that promote inequality. The patriarchal societies provided women with more protection under maintenance law, and this has now excluded men and the LGBTQ+ community. Up-to-date academic literature concentrates on the problems of women and excludes the comparative analysis and coverage. These gaps will be filled in the present study that will analyze the current push by having a gender-neutral framework in India, just like the U.K. and U.S. We contrast academic and comparative statutory provisions in each country and analyze them by statistically reviewing requirements of the constitution and court judgments. Findings indicate that although there are cases in which gender-neutral court decisions in India have been made to either allow maintenance to daughters or to dismiss fanciful claims, the legal system is gendered. The UK and the US are less biased in gender, having legalized same-sex marriage, maintenance rights to all marital partners, and limited lifetime reliance to facilitate autonomy. This research pinpoints the Indian secular law provisions on both genders of males and females and those of the LGBTQ+ as lacking gender neutrality. The study is the only one that incorporates historical rationale, constitutional equality and comparative analysis to demonstrate urgency in the reforms. The research can be used to further research and reforms beyond the Uniform Civil Code although it can only be restricted to doctrinal and comparative studies.

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