CERTIFICATE COURSE ON LEGAL PROVISIONS FOR THE

PROTECTION OF WOMEN

ASSIGNMENT

Name : - RAKESH KUMAR BAROI

Email ID :- rakeshkumarbaroi1998@gmail.com

Contact no. – 7063958592

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 ONE WORD/ONE LINER QUESTIONS

2 Marks Each

1. Which provision punishes Marital Rape in India?

Answer 1 :- One who commits marital rape can be punished under section 375 exception 2
speaks about non-consensual sexual intercourse of a man with his own wife of the Indian
Penal Code as there is no special provision for marital rape solely.

2. Asking for Sexual favours to women is an offence punishable under which Section of
Indian Penal Code?

Answer 2 :- Section 354A punishes any person who demands/requests sexual favours,
causes any unwanted physical contact, makes sexist jokes, shows pornography, and most
importantly any physical contact and advances towards a woman. And under this section, he
is punishable as he shall be guilty of the offence of sexual harassment.

3. Which fund is in place since 2013 which strives to ensure safety of women by way of
compensation?

Answer 3 :- Nirbhaya Fund is in place 2013 which was amended along with Criminal Law
Amendment Act to awaken the protests against the Nirbhaya case. This particular fund is
given to women to ensure both their safety and security

4. Is a Child Marriage Valid, Void or Voidable?

Answer4.:- Child Marriage is voidable

5. What is the present Maternity leave period as per the 2017 Amendment?

Answer 5 :- According to the present Maternity Bill 2017 of the Maternity Benefit Act, a
woman is entitled to a period of 12 weeks in total, regardless of how much is used before or
after childbirth. And this maternity benefit of the total leave period only amounts & should
be taken into consideration both before and after the delivery days to not exceed 26 weeks.

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 SUBJECTIVE QUESTIONS [Within 100 Words]
5 Marks Each

1. What is the 2018 scheme for compensation for victims of rape, Gangrape, Acid attack
etc. ?

Answer 1 :- The victim may seek compensation from the State or District Legal Services
Authority as soon as possible after the incident because the financial relief provided under the
"Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes" is
not contingent upon the outcome of the trial in such circumstances. The plan enables the legal
services authority to provide victims of acid attacks and sexual assault temporary relief by
taking Suo motu notice of the cases. According to the plan, a compensation fund will be
established and run by the State Legal Services Authority (SLSA). It also envisions creating a
website where victims can submit an online claim for compensation. For incidents of gang
rape, rape, and acid attack, the system specifies the minimal amount of relief.

2. Explain the case which protects women under live in relationship within the purview
of Domestic Violence?

Answer 2 :- In S. Khushboo v. Kanniammal and Others, it was decided that the court gave
live-in relationships legal recognition, that a live-in relationship falls under the purview of
Article 21 of the Constitution's Right to Life, and that the act of two adults living together
cannot be regarded as unlawful or illegal. These are categorised as domestic relationships
where the Protection of Women from Domestic Violence Act, 2005 protects the women.
Additionally, adults who consent to participate in sexual activity outside of marriage are not
breaking any laws.

3. What are the essentials to constitute Dowry Death?

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Answer 3 :- Under normal conditions, the women's deaths must have been brought on by
burns or other physical harm. Death must occur seven years after marriage. Prior to the
victim's death, she must have experienced abuse or harassment from her husband or his
family, and this abuse must be connected to any type of dowry. Such husband or such
husband's relative will be the reason to have caused her death, and this death shall be known
as a dowry death.

4. What are the major changes brought by the Criminal Law Amendment Ordinance
2018?

Answer 4 :- 1. The Indian Penal Code's Section 376 is proposed for amendment in the
ordinance. The proposed amendment would raise the mandatory minimum punishment for
rape from seven to ten years.

2. The ordinance seeks to include Section 376 (3), which states that rape of a girl under the
age of 16 is punishable by a minimum of 20 years in jail and a maximum of life in prison.

3. The ordinance seeks to insert Section 376AB, which states that anyone found guilty of
raping a minor will be sentenced to a harsh life sentence in prison, a fine, or both.

4. The ordinance suggests that group rape of a woman under the age of 16 be punished by
harsh life imprisonment and a fine.

5. The legislation calls for the death penalty or harsh life imprisonment for group rape of
women under the age of 12.

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 ANALYTICAL QUESTIONS[Within 200 Words]
10 Marks Each

1. Despite having enough laws, India witnesses a rise in crimes against women. What
should be done by the government, society and us?

Answer 1:- Men being more powerful than women has always been a red flag, even though
men should think of and treat women as equals. If they weren't treated as equals, people
would rape them just to show who was in charge. Promoting equality is very important for
both educated and uneducated men, since most men who try to rape women are not educated,
according to data on sexual crimes against women. Domestic violence is still as common as
ever. The laws put in place by the Domestic Violence Act of 2005 would be enough for
people who go to court, but they didn't do the same for people who are abused but can't tell
anyone. It would be good if the Act had provisions for these people. Using social media to
condemn sexual acts and violence and raise knowledge about sexuality, which are still crimes
against women. Changes need to be made, and the way the court thinks about these kinds of
things needs to change.

2. If you had the power to incorporate Marital Rape as a crime, would you do it or not?
Give reasons for your answer.

Answer 2 :- Menaka Gandhi, the Minister for Women and Child Development, ruled out
making marital rape a crime by saying, "It is considered that the concept of marital rape as
understood internationally cannot be suitably applied in the Indian context due to various
factors like level of education, illiteracy, poverty, many social customs and values, religious
beliefs, mindsets of the society to treat marriage as a sacrament, etc. “The worry about
marital rape shows that the government doesn't want women to be in charge of their libido.
Also, politicians often say that making marital rape illegal would hurt the structure of the
family in the country. This is a roundabout way of saying that they don't see women as
important voters on their own. Marriage shouldn't be an exception to the law against rape.
Women should have the same control over their bodies and the freedom to choose their
sexual relationships, whether they happen inside or outside of marriage. To make spousal

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rape a crime, the law needs to be changed to include both the substance and the process.
Among the changes are:1. Getting rid of the exception in Section 375 of the Indian Penal
Code, which said, "It is not rape if a man has sexual relations with his wife and she is over 15
years old."2. There needs to be a special subsection 375A along these lines:

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