Maintenance Laws in India and Gender Inequality

This paper addresses the maintenance laws in India, including Hindu Adoptions and Maintenance Act, 1956, Muslim Women (Protection of Rights on Divorce) Act, 1986, Hindu Marriage Act, 1955, Indian Divorce Act, 1869, Parsi Marriage and Divorce Act, 1936 and Section 125 of CRPC. The aim of the paper is to bring to light the gender parity in these laws and their bias towards men but also need of protection of women, as women have been oppressed and treated as mere chattel for decades, and this law was sought to even the marginalized section of society, that were women. The paper seeks to address the issue and point out that the protection of women although is necessary needs to be reformed now, and provide for a gender-neutral law. The law seeking to uplift women is starting to suppress men; the law must take into account maintenance from a purely financial aspect with certain provisions for the poorly equipped, and provide the same legislative footing to all. In the changing society where women are being more participative, the law must take that into account and adjust to today’s dynamic environment.