The Supreme Court on Wednesday, while expressing “great caution”, agreed to examine the possibility of “gender-neutral religion-neutral uniform guidelines” for maintenance and alimony.It also decided to look into whether the Law Commission of India could be asked to suggest ‘uniform grounds of divorce’ across faiths.The petitioner, advocate A.K. Upadhyay, argued that divorce, maintenance and alimony laws in certain religions discriminated and marginalised women. These anomalies, varying from one religion to another, were violative of the right to equality (Article 14 of the Constitution) and right against discrimination (Article 15) on the basis of religion and gender and right to dignity.
The Supreme Court on Wednesday, while expressing “great caution”, agreed to examine the possibility of “gender-neutral religion-neutral uniform guidelines” for maintenance and alimony.It also decided to look into whether the Law Commission of India could be asked to suggest ‘uniform grounds of divorce’ across faiths.The petitioner, advocate A.K. Upadhyay, argued that divorce, maintenance and alimony laws in certain religions discriminated and marginalised women. These anomalies, varying from one religion to another, were violative of the right to equality (Article 14 of the Constitution) and right against discrimination (Article 15) on the basis of religion and gender and right to dignity.