Will Women Across Religions Get Uniform Grounds Of Divorce, Maintenance? SC Seeks Govt Response

In a move that could have far-reaching consequences for women in India, the Supreme Court sought the Centre's response on a plea seeking uniform "gender and religion neutral" grounds for all citizens in awarding maintenance and alimony in matrimonial disputes.

A bench headed by Chief Justice S A Bobde issued notices to the Union ministries of Home Affairs, Law and Justice and the Women and Child Development on the PIL filed by BJP leader and lawyer Ashwini Upadhyay.

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The plea seeks a direction to the government to take appropriate steps to remove the prevailing anomalies in the grounds of maintenance and alimony and make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth.

The petition, filed through advocate Ashwani Kumar Dubey, said despite the eloquent provisions in the Constitution, the Central government has totally failed to provide even gender-neutral, religion-neutral uniform grounds of maintenance and alimony for all citizens.

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While hearing the plea, the bench, also comprising Justices A S Bopanna and V Ramasubramanian said that "You are making us go into a direction which will encroach upon personal laws and demolish what the personal laws seek to achieve."

Senior advocate Meenakshi Arora argued that "the religion may treat gender differently but the Constitution will not allow women to be treated differently".

She was responding to a court's question asking her to justify the comparison of Hindu and Muslim women in cases relating to maintenance and grant of alimony.

The senior lawyer referred to the provisions of the Constitution and said the government can make a special legislation on the issue.

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She said the apex court has passed orders when issue of gender rights has come to fore as the legislation making process has been "too slow".

Taking not of her submissions, the bench said "we are conscious of what we have done and what we have not done. We are asking you a pure question of law. We are talking about grounds of divorce which are accepted by particular religion."

The bench referred to earlier apex court verdict given in the Catholic church matter and asked whether it is discriminatory if states apply fundamental rights of equality and gender justice under Articles 14 and 15 respectively in such matters.

Arora responded "State has to ensure that rights and dignity of an individual is protected. State is required to step in when there is violation of rights and dignity."

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She said that a practices in a religion is one thing but there are fundamental rights also which have to be protected.

"When religious practices impinges upon fundamental rights, such practices can't be allowed to remain in force," the senior lawyer said.

Taking note of the submissions, the bench said that it was seeking response of the government on the plea.