CCI

Professional Skills Development Activity

Submitted to
Dr. Sumitra Singh
Submitted By
Priya Khandelwal
A3221519300
BBA LLB(H) SEC E Amity Law School, Noida
Amity Law School, Amity University Uttar Pradesh, Noida

































ARTICLE ON LAWS PROTECTING SAFETY AND SECURITY OF WOMEN IN INDIA

India is a country known for its rich beautiful culture and tradition. Women are given the place of
goddess Lakshmi in the Indian culture. But by seeing the last few year crimes against women, there
seems the safety and security of women are at stake. As we can literally observe that crimes against
women occur every minute in India. There has been a decline in the women status from ancient to
medieval period which is continued in such an advanced era.
Each day a single woman, a girl child, a young girl, a mother and women from all walks of life are
being assaulted, molested, and violated. The streets, public transport, public spaces, in particular,
have become the territory of the hunters. There are certain common crimes against women are
rape, dowry deaths, sexual harassment at home or workplace, kidnapping and abduction, cruelty by
husband, relatives, assault on a woman, child and sex, trafficking, attack, child marriages and many
more.
Though the Constitution of India has given the equal rights of dignity, equality, and freedom from
gender discrimination but in practical filed no one bothers to follow such law until and unless the
peoples mindset towards a woman does not change.
Here are 10 laws that women should know:
• The Prohibition of Child Marriage Act, 2006
According to the International Research Centre for Women, almost 47 percent of girls are married
before the age of 18. Currently, India ranks 13 in the world when it comes to child marriages. Since
child marriage has been steeped into the Indian culture and tradition since centuries, it has been
tough eliminating it

The Prohibition of Child Marriage Act was made effective in 2007. This act defines child marriage as
a marriage where the groom or the bride are underage, that is, the bride is under 18 years of age or
the boy is younger than 21 years.
Parents trying to marry underage girls are subject to action under this law. Since the law makes
these marriages illegal, it acts as a major deterrent.
• Special Marriage Act, 1954
The objectives of this act is to provide – a special form of marriage in certain cases, provide for
registration of certain marriages and, to provide for divorce. In a country like India and with the
diverse religions and cast, when people from different faiths and caste chose to get married they do
it under the Special Marriage Act.
It is not applicable to the state of Jammu and Kashmir and also extends to intending spouses who
are Indian nationals and living abroad.
• Dowry Prohibition Act, 1961
According to this act, taking or giving of dowry at the time of the marriage to the bride or the
bridegroom and their family is to be penalised. Dowry system, giving and taking of dowry, is a norm
in India. Dowry is often asked of the bride and her family by the groom and his family. The system
has taken strong roots because women after marriage move in with their spouse and in-laws. Also,
over the centuries, the lack for economic independence of women and the taboo towards divorce
has resulted in bride burning. When demands for dowry even after marriage are not met by the girl’s
families, many women are tortured, beaten and even burnt.
It is one of the major challenges that our society is grappling with. Women openly complaining about
it has helped to spread the word and encourage other women to take a stand.
• Indian Divorce Act, 1969
The Indian Divorce Act allows the dissolution of marriage, mutual consent,
nullity of marriage, judicial separation and restitution of conjugal rights. Family Courts are
established to file, hear, and dispose of such cases.


• Maternity Benefit Act,1861
This act regulates the employment of women and maternity benefits mandated by law. It states that
a woman employee who has worked in an organisation for a period of at least 80 days during the 12
months preceding the date of her expected delivery is entitled to receive maternity benefits, which
includes maternity leave, nursing breaks, medical allowance, etc.
• Medical Termination of Pregnancy Act,1971
The Act came into effect into 1972, was amended in 1975 and 2002. The aim of the Act is to reduce
the occurrence of illegal abortion and consequent maternal mortality and morbidity.
It clearly states the conditions under which a pregnancy can be ended or aborted and specifies the
persons qualified to conduct the same.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
To ensure women’s safety at workplace, this Act seeks to protect them from sexual harassment at
their place of work. Thirty-six percent of Indian companies and 25 percent among MNC’s are not
complaint with the Sexual Harassment Act according to a FICCI-EY November 2015 report.
Sexual harassment at workplace also includes – the use of language with sexual overtones, invasion
of private space with a male colleague hovering too close for comfort, subtle touches and
innuendoes.
• Indecent Representation of Women(Prevention) Act,1986
This Act prohibits indecent representation of women through advertisement or in publications,
writings, paintings, figures or in any other manner.
• National Commission for Women Act, 1990
The National Commission for Women (NCW) is a statutory body of the Government of India,
established in January 1992. Lalitha Kumaramangalam was appointed its Chairperson in 2014.

The NCW represents the rights of women in India and provides a voice for their issues and concerns.
The National Commission for Women Act aims to improve the status of women and worked for their
economic empowerment.
• Equal Remuneration Act, 1976
This Act prevents discrimination in terms of remuneration. It provides for
payment of equal recompense to men and women workers.
It is necessary to know these and other laws in place to protect the interests of women. Only if you
are aware of your rights can you fight against any injustice meted out to you at home, at the
workplace, or in the society.
• The Hindu Succession Act, 1956 with amendment in 2005
This Act provided for equal inheritance rights to women for the first time.
It abolished the concept of limited estate of women. • The Commission of Sati Prevention Act 1987
Its object is to prevent the practice of Sati and the glorification of such an act. An attempt to commit
Sati is also punishable under certain circumstances.
Constitutional provisions
The Constitution of India guarantees the right to equality to women. It embodies the general
principles of equality before law and prohibits unreasonable discrimination between persons. Article
14 embodies the idea of equality expressed in preamble .Thus, in Air India v. Nargesh Meerza the
Supreme Court struck down the offending regulations of Air India and Indian Airlines that provided
than an air-hostess would retire on attaining the age of 35 years, or on the first pregnancy,
whichever was earlier.
• While article 15(1) prohibits the state from discriminating on the basis of religion, race, case, sex,
or place of birth, art 15(3) allows the state to make special provisions for women and children. . Art
15 merely elaborates that same concept and acknowledges that women need special treatment for
their up lift-men.

• Article 16 provides equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State. In C. B. Muthamma v. Union of India the Supreme Court
held that a provision of the service rules requiring a female employee to obtain permission to obtain
permission of the government in writing before getting married and denying her the right to be
promoted on the ground of her being married was discriminatory.
• Art 39 (a) Urges the state to provide equal right to adequate means of livelihood to men and
women.
• Art .39 (d) Equal pay for equal work for both men and women.
In the case of Randhir Singh v. Union of India AIR 1982, SC held that equal pay for equal work is a
constitutional goal and is capable of being enforced.
• In pursuance of Art.42 of the Constitution, the Maternity Benefit Act has been passed in
1961.Art.44 enjoins the state to secure for the citizens a uniform civil code throughout the territory
of India.
• 51 A (e) says that it is the duty of the citizens to renounce practices that are derogatory to the
dignity of women.
Besides these constitutional provisions, there are several laws meant for the protection and benefit
of women.
• Article 243-D(3) provides that one-third of the total number of seats to be filled by direct election
in every Panchayat shall be reserved for women.
• Article 243-D(4) provides that one-third of the total number of offices of Chairpersons in the
Panchayats at each level shall be reserved for women.
• Article 243-T(3) provides that one-third of the total number of seats to be filled by direct election
in every Municipality shall be reserved for women.
• Article 243-T(4) provides that the offices of Chairpersons in the Municipalities shall be reserved for
women in such manner as the State Legislature may provide.
Apart from the above-mentioned rights, there are following general laws that every woman should
know:
Right to free aid When a woman goes to the police station without being accompanied by a lawyer
she should be aware of the fact that she has a right to get the legal airand that she should demand
it.
• Right to privacy
A woman who has been raped has a right to record her statement in private in front of the
magistrate without being overheard by anyone else or with a lady constable or a police officer in
person. Under section 164 of the Criminal Procedure Code, the cops will have to give the privacy to
the victim without stressing her in front of masses.
• Right to Zero FIR
As according to the Supreme Court ruling a rape victim can register
her police complaint from any police station under the Zero FIR.
• Right to no arrest
According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise.
Except, in case the woman has committed a serious crime, the police require to get it in writing from
the magistrate explaining why the arrest is necessary during the night.
• Right to not being called to the police station
According to section 160 of the Criminal Procedure Code, women cannot be called to the police
station for interrogation. The police can interrogate a woman at her residence in the presence of a
woman constable and family members or friends.
• Right to confidentiality
Under no conditions a rape victims identity of can be revealed. Neither the police nor media can
make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the
disclosure of a victims identity a punishable offence.

Recent amendments to certain laws:
The gang rape that took place on the night of 16th December 2012 took the entire nation in such a
outrage stage that it forced to give a new shape to the criminal law by the enactment of the most
awaited Act i.e. the Criminal Law (Amendment) Act, 2013 Thus the Act has included the following
sections:
• Section 354A provides for Sexual harassment and punishment for sexual harassment.
• Section 354B provides for Assault or use of criminal force to woman with intent to disrobe.
• Section 354C provides for Voyeurism.
• Section 354D provides for Stalking.
• The definition of rape under section 376 has been amended.
• The Muslim Women (Protection of Rights on Marriage) Bill 2017 makes instant Triple Talaq in any
form illegal and void. The proposed law would also give the woman the right to approach a
magistrate seeking subsistence allowance for herself and her minor children.
TheGovernment has also taken a number of initiatives forsafety of women and girls, which are given
below:
The Government has set up Nirbhaya Fund for projects for safety and security of women, for which
Ministry of Women and Child Development is the nodal authority for appraising/ recommending the
proposals / schemes to be funded under Nirbhaya Fund.
In order to facilitate States/UTs, MHA has launched an online analytic tool for police on 19th
February 2019 called “Investigation Tracking System for Sexual Offences” to monitor and track time-
bound investigation in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
MHA has launched the “National Database on Sexual Offenders” (NDSO) on 20th September 2018 to
facilitate investigation and tracking of sexual offenders across the country by law enforcement
agencies. NDSO has data of over 5 lakh sexual offenders.

Emergency Response Support System, which provides a single emergency number (112) based
computer aided dispatch of field resources to the location of distress has been operationalized in 20
States/ UTs in 2018-19.
MHA has launched a cyber-crime portal on 20th September 2018 for citizens to report obscene
content. Further, Cyber Crime Forensic Labs have been set up in several States, and training of over
3,664 personnel, including 410 Public Prosecutors and Judicial Officers in identifying, detecting and
resolving cyber-crimes against women and children has been imparted.
Using technology to aid smart policing and safety management, Safe City Projects have been
sanctioned in phase I in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata,
Lucknow and Mumbai).
In order to improve investigation, MHA has taken steps to strengthen DNA analysis units in Central
and State Forensic Science Laboratories. This includes setting up of a State-of-the-Art DNA Analysis
Unit in Central Forensic Science Laboratory, Chandigarh. MHA has also sanctioned setting-up and
upgrading of DNA Analysis units in State Forensic Science Laboratories in 13 States/ UTs.
MHA has notified guidelines for collection of forensic evidence in sexual assault cases and the
standard composition in a sexual assault evidence collection kit. To facilitate adequate capacity in
manpower training and skill building programs for Investigation Officers, Prosecution Officers and
Medical Officers has commenced. 2,575 Officers have already been trained by Bureau of Police
Research and Development (BPR&D) and Lok Narayan Jayaprakash Narayan National Institute of
Criminology and Forensic Science in collection, handling and transportation of forensic evidence.
BPR&D has distributed 3,120 Sexual Assault Evidence Collection Kits to States/ UTs as orientation kit
as part of training.
In order to coordinate various initiatives for women safety, MHA has set up a Women Safety
Division.
Ministry of Women and Child Development has also introduced the scheme of One Stop Centres to
provide integrated support and assistance to women affected by violence and a Scheme for
Universalisation of Women Helpline to provide 24 hours emergency and non-emergency response to
women affected by violence. Apart from above, the Ministry of Women and Child Development in
collaboration with the Ministry of Home Affairs has envisaged engagement of Mahila Police
Volunteers in States/UTs who will act as a link between police and community and facilitate women
in distress.
Further, Government of India conducts awareness generation programmes and publicity campaigns
on various laws relating to women and their rights through workshops, cultural programmes,
seminars, training programmes, advertisements in print and electronic media etc.
MHA has issued advisories to all State Governments/UTs, advising them to ensure thorough
investigation, conducting of medical examination of rape victims without delay and for increasing
gender sensitivity in Police.

Conclusion
views that have engulfed Indian mindsets since ages.
Indian women have had an extremely difficult time developing under
the oppression of a male-dominated society, class and religion .But
now it’s the time to break silence. Women are entitled to respect. If
every parent taught his or her son to respect women and treat them
with dignity, a day would have come when they would not fear for
the safety of their daughter. That would be a real education. Of
course, there is a need to change our mindset and the patriarchal