Maintenance Under Section 125 CrPC: An Analysis On Its Impact On Gender Equality And Social Justice

Maintenance Under Section 125 CrPC: An Analysis On Its Impact On Gender Equality And Social Justice In India

Bhargavi Dixit, B.A LL.B, Asian Law College, Chaudhary Charan Singh University Meerut

ABSTRACT

The provision of maintenance under Section 125 of the Criminal Procedure Code (CrPC) is a legal imperative in India that mandates husbands, fathers, and children to provide financial sustenance to their wives, children, and parents who are unable to maintain themselves. The provision has been implemented to ensure social and economic justice and promote gender parity in India. This research paper endeavours to scrutinize the provision of maintenance under Section 125 CrPC and analyse its ramifications on gender equality and social justice in India.

The paper illuminates the historical backdrop of women's economic and social status in India and how the provision has been crucial in diminishing women's economic dependence on their husbands or fathers. The paper further examines the legal interpretation of the provision by the courts and analyses seminal cases that have helped to shape the provision's ambit and impact.The paper appraises the criticisms of the provision and the arguments that it discriminates against men and fails to provide succour to men who are financially reliant on their wives or parents. Nonetheless, the paper contends that these arguments neglect to account for the historical and social context of women's economic and social status in India.

Ultimately, the paper posits that the provision of maintenance under Section 125 CrPC is an indispensable step towards ensuring gender equality and social and economic justice in India. The provision has empowered women to assert their rights and seek financial support from their husbands in case of neglect or desertion. The provision has been pivotal in reducing the economic dependence of women on their husbands or fathers and has been instrumental in promoting social and economic justice in India.

Keywords: Maintenance, Wife, Children, Husband, Section 125 CrPC