Strengthening you, lawfully

Get ready for some major changes in the law that could have major repercussions on you as a woman.

Earlier this year, the Government decided to enact new legislation to bring Indian law into consonance with modern times. Many of these laws have been envisaged with a view to ensuring greater protection of women and a more equitable judicial system.

Among the proposed changes in law are:

Amendments in The Criminal Procedure Act, 1973, in the Chapter IX Section 125 (1) and 127(1) of the Code of Criminal Procedure, 1973.

No ceiling on maintenance allowance
The ceiling on maintenance allowance given to wives, children and parents in case of separation, will be removed.

Under the existing provision, if any person having sufficient means, neglects or refuses to maintain his wife, children or parent unable to maintain herself/himself, a Magistrate of the first class may order such person to pay maintenance allowance subject to certain conditions.

Speedy Delivery of Justice
An amendment herein would also ensure speedy delivery of justice since it states that the application for interim maintenance and expenses for proceedings should be disposed of within 60 days from the date of service of notice.

How it would affect you
These two amendments would provide relief to wives/children/parents in a time-bound manner and do away with the ceiling of Rs. 500. This paltry sum was determined a long time ago before these amendments took place.

Amendment in the four Personal Marriage Acts
The four personal Acts, which are also to be amended, are The Indian Divorce Act, 1869, The Special Marriage Act, 1954, The Hindu Marriage Act, 1955 and The Parsi Marriage and Divorce Act, 1936.

No amendment is being made in the Muslim personal law as the issue was settled in the famous Shahbano case in 1986.

These amendments are aimed at ensuring that the proposed amendments to the Code of Criminal Procedure Act are in tune with the amended marriage laws.

The payment of maintenance to wives, children and parents is primarily a matter to be decided in accordance with the personal laws applicable to the parties but the provision has been inserted in the criminal law in order to avoid vagrancy and destitution.

Already, the Indian Divorce (Amendment) Bill, 2000, for removing the gender bias in Section 10 of the 1869 Act along with certain other substantive and consequential amendments has been passed.

A small step by the Government, but a huge leap for the law of the land!