BHASKAR LAW COLLEGE

LL.B. - 3 YDC - VI SEMESTER 1st INTERNAL EXAM

NAME: P.M.SUDHAKAR Roll No.2581-19-831-109

Subject: LAW RELATING TO WOMEN DATE: 19.01.2022

1. STATUS OF WOMEN IN CONTEMPORARY INDIA

As a member of Indian society living in contemporary India, we have been witnessed to

caste and religious conflicts. Occasionally there may also be cases of men of one group
or caste molesting women of another group or caste. In doing so their honour is
threatened. Thus, in Indian society the sexuality of women is linked with honour.

Contemporary Indian society has been exposed to the broad processes of social
transformation, agricultural modernisation and economic development, urbanisation and
rapid industrialisation and globalisation. However, these processes have generated
regional imbalances, sharpened class inequalities and augmented the gender
disparities. All these have adversely affected the various aspects of women‟s status in
the contemporary Indian society.

2. CEDAW

In 1994, India ratified the Convention of the Elimination of all forms of Discrimination
Against Women (CEDAW) treaty. The ratification of CEDAW by India did not reduce
violence against women because the international agreement was not legally
implemented and enforced throughout Indian society. Enforcing the articles in CEDAW
may be difficult due to elements like culture, religion, and literacy.

Three acts of violence against women that are most prominent in India are :(1) bride
burnings and/or dowry abuse; (2) female foeticide and/or infanticide; and (3) human
trafficking and/or sex slaves.

India's ratification of CEDAW did not make the country change its religious and cultural
beliefs about the value of the female population. In fact, the ratification of CEDAW does
not appear to have changed anything.
3. SEXUAL HARASSMENT OF WOMEN

India’s law on the prevention of workplace sexual harassment continues to gain traction
in spite of the Covid-19 lockdown and employees working remotely. Incidentally, the
definition of ‘workplace’ under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 of India (“PoSH Act”) includes “a
dwelling place or a house”. While that was primarily meant to cover domestic helpers, it
could extend to employees working from home.

Considering the lockdown since March 2020, cases relating to PoSH Act have been
heard on video conferencing and the judgments have been pronounced virtually,
keeping in mind the urgency and gravity of the situation.

4. RAPE

The dictionary meaning of word rape is “the ravishing or violation of a woman.” Rape in
India is a cognizable offence. There are many provisions in various Acts.
The word rape is legally defined u/s 375[1] of Indian Penal Code, 1860. Whenever a
man penetrates or does sexual intercourse with a woman without her consent or will it
amounts to rape. Penetration here means that only a slightest of the touch of penis to
vagina amounts to rape, unruptured hymen of woman does not prove that rape was not
committed. The rape law under Indian Penal Code had gone through a lot of
amendments. In 1983, amendment was made and Section 376(2) i.e. Custodial rape,
Section 376(A) i.e. marital rape & Section 376(B to D) i.e. Sexual Intercourse not
amounting to rape were added.

5. DOWRY DEATH

Dowry death is defined in Section 304B of the Indian Penal Code, 1860. Also
Section 113B of the Indian Evidence Act,1872 states the presumption as to
Section 304B of the Indian Penal Code. Dowry death is a non-bailable and
cognizable offence.

Essential Ingredients

Death should be caused by burns or bodily injury or by any other

circumstances.
Death must occur within the seven years of marriage.
It must be revealed that soon before her marriage she was exposed to cruelty
or harassment by her husband or any other relative.
The cruelty or harassment on her should be in connection with the demand for
dowry death.

6. KIDNAPPING

Kidnapping means taking away a person against his/her will by force, threat or
deceit. Usually, the purpose of kidnapping is to get a ransom, or for some
political or other purposes etc. Kidnapping is classified into two categories in
Section 359 of the Indian Penal Code and defined in Section 360 and 361 of the
Indian Penal Code.

Kidnapping from India - Section 360

Kidnapping from lawful guardian - Section 361

7. ABDUCTION

Section 362 of the Indian Penal Code defines abduction. It says that if a person
compels another person to go from one place, or induces some person to go from one
place, then the offence of abduction is committed.

Thus, Abduction is an offence in which a person is moved from one place, against
his/her will by forceful compulsion or by use of deceitful means. Clearly, the essentials
of abduction are:

1. By force 2. By deceitful means 3. To go from any place

8. OFFENCES RELATING TO MARRIAGE

The bond of marriage is supposed to be a sacred one but in many cases, it turns
out that someone gets hurt. In various instances, these offences end up in
cases of assault or causing severe harm mentally or physically to a partner, thus
Indian Penal Code deals with offences relating to marriage. These have broadly
been classified into four.

● Mock Marriage ( Section 493 & 496)

● Bigamy (Section 494 & 496)
 ● Adultery (section 497)
● Criminal Elopement (Section 498)

9. DEFINITION OF DOWRY

According to section 2 of Dowry Prohibition Act, 1961, the term “dowry” means any
property or valuable security given or agreed to be given either directly or indirectly.

(a) By one party to a marriage to the other party to the marriage, or

(b) By the parent of either party to a marriage or by any other person, to either party to
the marriage or to any other person, at or before in connection with the marriage of the
said parties.

10. RIGHT TO EDUCATION

The Right to Education Act 2009, also known as the RTE Act 2009, was enacted by the
Parliament of India on 4 August 2009. It describes modalities of the importance of free
and compulsory education for children aged between 6-14 years in India under Article
21 (A) of the Constitution of India.

This act came into effect on 1 April 2010 and made India one of the 135 countries to
have made education a fundamental right for every child.

11. RIGHT AGAINST EXPLOITATION

The Right against Exploitation enshrined in the Indian Constitution guarantees dignity of
the individual. It also prohibits the exploitation or misuse of service by force or
inducement in the following ways:

It prohibits human trafficking, slavery, begar, bonded labour or other forms of forced
labour. It prohibits the employment of children below the age of 14 years in factories,
mines and other hazardous activities.

12. SECTION 125 CR.P.C. ORDER FOR MAINTENANCE OF WIVES

Section 125 of the Criminal Procedure Code, 1973, provides maintenance for
the wife, children, and parents. Maintenance means giving necessary supplies
to a person for survival. It includes shelter, food, and clothing, and every
aspect of human life, which is essential for survival and existence.
1. Wife of a person who is not able to maintain herself.
2. The term wife also includes a divorced wife who has not re-married.
3. If a relationship is in the nature of marriage and essential characteristics of
marriage are found out, then a woman in a live-in relationship can also claim
maintenance.
4. If in case the wife surrenders her right of maintenance, the Magistrate shall
cancel the order of maintenance from the date of surrender.

13. DOWRY DEATH PUNISHMENT

According to section 304B of Indian penal code,

1. Where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage and
it is shown that soon before her death she was subjected to cruelty or harassment
by her husband or any relative of her husband for, or in connection with, any
demand for dowry, such death shall be called “dowry death”, and such husband or
relative shall be deemed to have caused her death.
2. Whoever commits dowry death shall be punished with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment for
life. IPC 304B is a Cognizable and Non-Bailable offence.

14. SECTION 498A - IPC

Section 498-A: Husband or relative of husband of a woman subjecting her to

cruelty — Whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a term which
may extend to three years and shall also be liable to fine.
Explanation — For the purposes of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or
any person related to her to meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person related to her to meet such
demand.
15. PRESUMPTION AS TO ABETMENT OF SUICIDE BY A MARRIED
WOMAN

When the question is whether the commission of suicide by a woman had been abetted
by her husband or any relative of her husband and it is shown that she had committed
suicide within a period of seven years from the date of her marriage and that her
husband or such relative of her husband had subjected her to cruelty, the court may
presume, having regard to all the other circumstances of the case, that such suicide had
been abetted by her husband or by such relative of her husband.

Explanation – For the purposes of this section, "cruelty" shall have the same meaning
as in section 498 A of the Indian Penal Code (45 of 1860).

16. DEFINITION OF DOMESTIC VIOLENCE

There are three laws in place in India that deal directly with domestic violence: The
Protection of Women from Domestic Violence Act, 2005. The Dowry Prohibition Act,
1961. And Section 498A of the Indian Penal Code.

The Protection of Women from Domestic Violence Act, 2005 is a civil law that provides
protection to women in a household, from men in the household.
The second law is the Dowry Prohibition Act. This is a criminal law that punishes the
taking and giving of dowry.
The third law that exists to help women who are facing violence at home is Section
498A of the Indian Penal Code (Husband or relative of husband of a woman subjecting
her to cruelty).

17. SERVICE PROVIDERS UNDER DOMESTIC VIOLENCE ACT 2005

A service provider registered under Section 10 sub‑section (1) shall have the power to

(a) record the domestic incident report in the prescribed form if the aggrieved person so
desires and forward a copy thereof to the Magistrate and the Protection Officer having
jurisdiction in the area where the domestic violence took place;
(b) get the aggrieved person medically examined and forward a copy of the medical
report to the Protection Officer and the police station within the local limits of which the
domestic violence took place;
(c) ensure that the aggrieved person is provided shelter in a shelter home, if she so
requires and forward a report of the lodging of the aggrieved person in the shelter home
to the police station within the local limits of which the domestic violence took place.
18. UNIFORM CIVIL CODE

A uniform civil code here refers to a single law, applicable to all citizens of India in their
personal matters such as marriage, divorce, custody, adoption and inheritance.

It is intended to replace the system of fragmented personal laws, which currently govern
interpersonal relationships and related matters within different religious communities.

The idea of uniform civil code comes from Article 44 of the Constitution, which is one of
the Directive Principles of State Policy. It provides that the State shall endeavour to
secure for all citizens a Uniform Civil Code throughout the territory of India.

19. CONVENTION ON POLITICAL RIGHTS TO WOMEN - 1953

The Commission drafted the early international conventions on women’s rights, such as
the 1953 Convention on the Political Rights of Women, which was the first international
law instrument to recognize and protect the political rights of women; and the first
international agreements on women’s rights in marriage.

20. CONVENTION ON NATIONALITY OF MARRIED WOMEN, 1953

The convention on the Nationality of Married Women was proposed in 1949 and
adopted in UN General Assembly on 29th January 1957.

Neither the celebration nor the dissolution of a marriage between one of its nationals
and an alien, nor the change of nationality by the husband during the marriage, shall
automatically affect the nationality of the wife. (Art.1)

The alien wife of one of its nationals may, at her request, acquire the nationality of her
husband through specially privileged naturalization procedures. However, the grant of
such nationality may be subject to such limitations as may be imposed in the interest of
national security or public policy (Art. 3).