Interpreting Section 125 CRPC As A Tool Of Social Justice: Judicial Trends, Gender Equity, And The Right To Maintenance In India
- IJLLR Journal
- 52 minutes ago
- 1 min read
Advocate Mehraan Ahmed, Aligarh Muslim University
Md. Ameer Hamza, Jamia Millia Islamia University
ABSTRACT
Section 125 of the Code of Criminal Procedure, 1973, operates as a secular, welfare-oriented provision designed to offer prompt financial redress to dependents who are unable to sustain themselves and are neglected by persons legally obligated to maintain them. Though housed within a procedural statute, the section performs a substantive function by advancing the constitutional mandates enshrined in Articles 15(3) and 39 of the Indian Constitution. This research paper explores the interpretative trajectory of Indian courts in construing maintenance not as an act of charity but as a statutory and moral obligation, particularly towards women, children, and aged parents. Through an analysis of landmark judgments such as Rajnesh v. Neha, Badshah v. Urmila Badshah Godse, and Mohd. Abdul Samad v. State of Telangana, this paper examines the judiciary’s purposive reading of the law in consonance with the tenets of social justice. The paper further interrogates the limitations of current procedural frameworks, particularly with respect to enforcement, interim relief, and gendered power asymmetries. It concludes by proposing structural reforms and interpretative clarity to ensure that Section 125 serves not only as a statutory remedy but as a transformative tool in the pursuit of gender equity and constitutional morality.
