Abstract
The right to maintenance is an important legal right that guarantees economic stability and honor to women who cannot sustain them in case of separation, neglect, or divorce. It represents the constitutional values of equality “social justice and right to lead a dignified life. Having adopted the Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS), the provisions of maintenance under Section 125 of the Code of Criminal Procedure, 1973 got the new Section 144 therein. This paper takes a critical approach to an examination of the legal framework of women right to maintenance under the BNSS, and an analysis of whether the new provision addresses access to financial justice among women.
This research takes a doctrinal research approach that will utilize the interpreting of constitutional clauses, statutory acts, judicial rulings, and academic literature. It contrasts the Section 144 of the BNSS and the previous Section 125 of the CrPC and discusses significant judicial doctrines, which have influenced the act regarding maintenance. The paper also outlines practical difficulties in implementing maintenance orders and provide recommendations on enhancing the effectiveness of the current legislation. It concludes that although the BNSS has many similarities with the previous regime of maintenance, the regime must be implemented and enforced in time to provide any sort of meaningful protection to the rights of women.
Keywords: Maintenance, Women, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, Gender Justice.
- Introduction
The right to maintenance is a crucial legal right that ensures that women are not economically victims due to neglect, separation, divorce, or abandonment. It guarantees financial aid and helps women have a dignified, safe and self-reliant life. Maintenance is not only a statutory right but also one of the manifestations of social justice to prevent destitution and lead to gender equality.[1]Maintenance law is established by Articles 14, 15 3 and 21[2]of the Constitution of India, with the Directive Principles of State Policy, especially Articles 38 and 39.[3]Section 125 of the Code of Criminal Procedure, 1973 used to provide a secular solution to maintenance regardless of religion. This has been superseded by Section 144 with no substantive adjustments occurring to this provision now that the Bharatiya Nagarik Suraksha Sanhita (2023), came into force.[4]This essay discusses the legislation, judicial trends, comparatives and practical issues surrounding the rights of women to maintain during the undergoing Section 144 under the BNSS.
[1] Paras Diwan, Modern Hindu Law 315–20 (Allahabad Law Agency, 29th ed. 2022).
[2] INDIA CONST. arts. 14, 15(3), 21.
[3] INDIA CONST. arts. 38, 39.
[4] Bharatiya Nagarik Suraksha Sanhita, No. 46 of 2023, Section 144 (India).