K. Geethika & Thota Sai Srinija
ABSTRACT
Maintenance in itself is a part of Social Justice. Look at the irony the society that provides rights is itself against those rights. Though we have a Gender- Neutral approach in maintenance laws in India, there is a lack of implementation of the said laws because of the dominance of Patriarchal inclination in the society. Because of the lack of awareness and the implementation of laws in favour of men, women are still being oppressed and are treated as subordinates to men. This paper delves into the applicability of national laws regarding maintenance to understand the Gender-neutral approach made in those laws. The National Law and personal law perspectives are analysed in this paper which contains provisions relating to maintenance. This paper observes that the personal laws of India i.e., Hindu law and Parsi Laws are a step ahead as they promote equality between men and women and Gender-neutral laws. It is essential to point out that countries like the US, Singapore, Sweden, and Belgium contain laws that are gender-neutral and provide equal rights and obligations to both men and women. This paper focuses on the patriarchal society as a hindrance to the application of maintenance laws. The existence of the law would not result in a gender-neutral approach to it; rather, its effective implementation and change in societal norms would succeed in bringing it. It enhances the need to bring stringent national gender-neutral (maintenance) laws that dissolve masculinity and promote feminism in its true sense.
Keywords: Maintenance, Gender-Neutral, Patriarchal, inclination, Social Justice.
