SC Insists Courts Avoid Patriarchal Remarks: Tweet Reveals Ignorance Of Alimony Laws

The Supreme Court, comprised of Chief Justice DY Chandrachud, Justice Hima Kohli, and Justice PS Narasimha, advised courts to refrain from making patriarchal remarks in judgements. The three-judge panel was considering a petition to review the death penalty imposed on a man convicted of kidnapping and murdering a 7-year-old boy.

The bench noted that the Supreme Court had mentioned that the "agony for parents who lose their sole male child, who would have carried forward the family lineage and is expected to look after them during their old age, is unfathomable."

Courts To Avoid Patriarchal Remarks

The present bench in its review proceedings noted that the murder of a child is a gruesome act, but the gender of the child cannot be an aggravating circumstance. "It does not and should not matter to the court whether the child is male or female. The murder remains equally tragic. Courts should refrain from saying that only a male child furthers family lineage or will be able to look after the parents in their old age. Such remarks involuntarily uphold patriarchal values, which the courts should avoid regardless of the context."

A Twitter user named Prashant Rana tweeted this judgement and wrote, "Daughters can also become sticks of old age. But when a well-educated woman is given hefty alimony, then these woke judges become silent." It took me a while to even understand this person’s context. What is the connection between the two for this Twitter user to make such a remark? It is completely irrational, misogynistic, and reveals how many people are ignorant about how alimony works.

Many people don’t really understand how the concept of alimony works and simply hold it against women. Given that India is one of the countries with the lowest percentage of divorce rates, at a mere 1%, it is evident that the taboo about divorce prevails in our country. Divorced women are judged, stigmatised, and shamed by society, and demanding alimony from their husbands is viewed as a devious plan by the wives to rob their husbands.

Most people are unaware that "alimony" is a constitutional right granted to the wife or spouse. Alimony isn't just a woman's right. Husbands can also seek alimony if the wife earns more or if the husband is unable to work. In western countries like the USA and Canada, alimony is actually referred to as "spousal support" to imply gender neutrality. So, the basic idea behind alimony is to provide financial support to the former partner who is not financially independent.

In India too, the husband can claim alimony from his wife if he is not capable of providing for himself, according to the Hindu Marriage Act, 1955. Yet, when wives exercise their right to alimony, they are branded with derogatory labels. Their self-respect and reputation are tarnished. Their integrity and morality are questioned.

Alimony for wives was introduced because, traditionally, men were the providers and women were the caretakers. As a result, women were completely reliant on men for survival, forcing them to tolerate abusive or unhappy marriages. Even today, many women aren’t allowed to work after marriage or after motherhood. They might not necessarily be forced to quit their career, but dumping them with unending domestic chores and parenting leads to burnout, causing many women to quit their careers.

Even when a woman is allowed to work, she is expected to transfer her salary to her husband’s account. This robs women of their financial independence and once again makes them dependent on their husbands for their survival. Under this circumstance, how will a woman dare to walk out of an abusive or unhappy marriage with no financial aid? Many women don’t receive family support and are stigmatised by society, requiring financial assistance to create a life for themselves.

When women walk out of a marriage in which they have invested their entire lives, they are entitled to financial assistance. How can we label a woman "greedy" when she has been denied the opportunity to be financially self-sufficient? Even if she chose to be a stay-at-home wife of her own free will, she is entitled to alimony for all of the unpaid labour, love, and support she provided throughout their marriage. Why is it unfair for women to claim what they rightfully deserve?

Suggested Reading: Men Too Have The Right To Demand Alimony. Can Society Stop Shaming Women Then?

Views expressed by author are their own