Experts call for reformation of maintenance rights in India
The State should take responsibility in helping women who are fighting for their maintenance rights
Bangalore : Expressing serious concern over the challenges faced by women victims of abusive marriage, experts stressed the need to reform maintenance laws in the country to secure speedy justice for them.
Speaking at a panel discussion on ‘Reformation of Maintenance Laws’ organised by RV University in partnership with Vasavya Mahila Mandali, they underscored the need to see maintenance as a human rights issue and the need for the State to due to its part to fulfil women’s rights. They also emphasised the need to expand the definition of maintenance from the current sustenance levels to ensure a dignified livelihood.
According to a research report by Vasavya Mahila Mandali based on a two-year pan-India study, out of around 3,70,000 cases where women have filed for maintenance, only in 5% of the cases interim orders for maintenance have been passed and in only 10% of cases execution petitions have been filed, leaving a large proportion of women victims in the lurch and without means of sustenance.
In his opening address, Vice-Chancellor, RV University, Prof. Y.S.R. Murthy pointed out that there are significant gaps in the implementation of maintenance laws. “Though the Indian Constitution promises a full range of human rights to everyone yet, in practice there are huge gaps especially when it comes to women, be it their social, economic, or even their political status. Legal literacy among women is fairly low in India, and thus they are not able to secure their rights especially when it comes to maintenance rights. There is an urgent need to educate and help women in enforcing their rights in maintenance.”
Prof. Murthy underscored the need for proper oversight by the higher judiciary of the functioning of Family Courts, better case management system through the use of technology, fast-tracking of cases involving women from economically weaker sections, alternative dispute mechanisms and better accountability of the justice delivery system.
Moderating the panel discussion, Dr B Keerthi, President, Vasavya Mahila Mandali said, “We have initiated several conversations with various levels of the Government to amend the current maintenance laws in India. Most importantly, there is a need to sensitise the different stakeholders around these laws in India. Several aspects should also be looked into including ground-level issues such as the standard of living of women and the need for a pro-bono system of law for women fighting for their rights.”
Speaking on the occasion, former Director General of Police, Karnataka, Dr. Amar Pandey emphasised the responsibility of the state which needs to be defined to make the state accountable for maintenance matters. He stated that the state must ensure that human rights women, who constitute 50% of population, must be protected.
Ms. Ashwini Obulesh, Advocate and Founder, Dhwani Legal Trust, pointed out serious micro level challenges which pose a challenge for women in getting maintenance. Observing that maintenance is provided under multiple legislations in India, she pointed that the lack of legal knowledge often causes confusion among women about which legislation to file their case under. Mr. Pritam Ghosh, Assistant Professor highlighted the plight of NRI women seeking maintenance and the intersection of international law and domestic law.
The discussion focused on the complexities of maintenance laws and their impact on women’s dignity, social and economic livelihood. The panel concluded with a call to draft a policy recommendation to reform maintenance laws in India. It consisted of Prof.(Dr.) Y.S.R Murthy, Vice-Chancellor, RV University, Dr. Amar Pandey, Former Director General of Police, Karnataka, Ms. Ashwini Obulesh, Advocate, Karnataka High Court and Mr. Pritam Ghosh, Assistant Professor, School of Law, RV University. The session was moderated by Dr B. Keerthi, President, Vasavya Mahila Mandali.
RV University organised this panel discussion on maintenance laws in partnership with Vasavya Mahila Mandali with the objective to sensitise the different stakeholders around maintenance laws in India while also discussing possible solutions to the surrounding issues. Maintenance is a legal right that ensures women (and children) have access to financial support (not excluding provision for food, clothing, residence, medical expenses, treatment, etc) after a legal divorce.
The University recently signed an MoU with Vasavya Mahila Mandali to support the organisation in its causes of eliminating gender-based violence.