KRISHNA INSTITUTE OF LAW

(Approved by BCI affiliated to CCSU, Meerut)

NH-24, Jindal Nagar, Ghaziabad-201002
Phone no- +9643031960, 9643028427
LL.B. – 6th Sem
Law relating to Women & child
Legal Position of women in pre-Independent period
Though India is being known for respecting women and even worshiping them
as goddess. The origin of Status of women can be traced to Manu in 200 BC.
The women were not allowed to do anything independently even at her home
and she could not take any decision’s by herself whether its relating to her own
self or any other family matters .India being a nation which has many religions
castes, creeds and Social groups. Therefore women state in one particular
religion cannot be generalized.
To study the position of women in Pre-Independence period, it is necessary to
discuss the position of women during.
1. Legal Position of women in Ancient India – We can divided it into two
parts –
 Vedic Period
 Post Vedic Period
1. Vedic Period - Undoubtedly the position of women during the Vedic
period was glorious on account of freedom and equality. During this
period the women participated in every walk of life. Women studied in
Gurukuls and enjoyed liberty in every sphere.
The system of polygamy and dowry was only prevalent in the ruling
classes. There was no prohibition in the remarriage of widow and also
no discrimination between a boy and girl.
2. Post Vedic Period - During the post Vedic period. The women have
suffered drastic hardships and restriction as propounded by Manu. He
 attempted to set up male dominated society by increasing the
authority of man. The birth of a girl child was treated as a disaster for
the family. Girls were denied access to education.
During this period, Pre –puberty marriage system was originated, thus the
marriageable age of girls was lowered to 9 or 10 years
2. Legal Position of women in Medieval India – Medieval India saw many
foreign conquerors like Muslim invaded India they brought with them their
own culture. For them women was the sole property of her father, brother
or husband and she does not have any will of her own. This type of thinking.
Also crept into the minds of Indian people and they also began to treat their
own women like this.
During the medieval period the social evils take place like, Satipratha, Childs
marriages, female. In-foticide; father social curse like dowry had become
inevitable particularly in-Rajasthan. The system of Devdasi and Polygamy had
also spread widely in country side, thus during the medieval Period the women
were oppressed in every sphere.
3. Legal Position of women in British India –
1. The status of women, at the dawn of the British rule in India, reached the
lowest level in the society. The wife’s position in the household was in the
sorry state.
2. The rate of literacy was so low that hardly one women in a hundred was
able to read to write.
3. Evil Social practices like child marriage, sati pratha Devdasi, purdhah and
polygamy made the Indian Society Static.
4. The concept of equality, liberty individual secularism although arose but
limited to ruling class.
Two major movements look place during the British regime. These are
1. Social reforms Movements
2. Nationalist Movements
 A. Social Reforms Movements – this movement emerged during the 19th
century s raised the question of equal status of women. Social reformers
showed the concern regarding problems of Sati prohibition on
remarriage, denial of right to property child marriage and education to
women. the reformers were of the view that by giving women access to
education by introducing progressive legislation social reforms in respect
of women can be achieved Swami Vivekananda Dayanand Saraswati and
Annie Besant were of opinion that old Vedic period should be revived
which was ideal for women’s status.
B. Nationalist Movement – The nationalist movement drew the attention
of a large number of people and generated confidence among women to
raise their Voice against oppressive system. In 1927 All India women’s
conference was formed and it proved to be a crucial movement towards
the right to equality of women.
Consequently a number of legislations were enacted like widow’s
Remarriage Act, child Marriage Act and Hindu Women’s Right to property
Act Which intended to eradicate certain social evils.
The Position of Women in Indian Society After Independence
If we trace the pages of history nowhere men and women were treated alike
and assigned the same status. Women have been always fighting for their
rights and position in society.

They have several times urged for equality so that they can lead a life exactly
on par with men. If talking about the women’s status in Independent India,
then it has been surely improved. The structural and cultural changes in India
have brought into many opportunities for women in the fields of education,
employment and politics.
Such changes ultimately lead to a reduction in the exploitation of women as
they have been granted equal status as men.

Factors facilitating the empowerment of women after independence

 Acknowledging women’s rights – Society should recognise that

women are equally entitled to the rights and opportunities as
men.
 Freedom to take decisions and make choices – Women must
have the freedom to take important decisions of life such as when
to marry, the number of children they should have and so on.
 Access to education and employment – Women can become
stronger only with educational and economic power, mere
expectations cannot help. Conditions must be created in such a
way that women can easily get access to education and later on get
employed. It will ultimately make women independent and self-
reliable.
 Opportunities for political participation – Women must be
granted political power and must be free to take part in the
administrative process.

Women’s Right and Indian Constitution

A woman is the full circle. Within her is the power to create nurture and
transform.
Women’s Right and Indian Constitution –The constitution not only
grants equality to women but also empowers the state to adopt measures
 of positive discrimination in favour of women within the frame work of a
democratic policy, our laws, development policies, plans and programmes
have aimed at women’s advancement in different spheres.
Following are the provisions in Indian Constitution

 Fundamental Rights - Part 3 of Constitution of India deals with

fundamental rights.
According to Article -15 (3) of the Constitution, discrimination on
grounds of religion, race caste, sex or place of birth shall not prevent the
state from making any special provisions for women and children.
Article 15(1) prohibits gender discrimination.
Article 15(3) of the constitution makes special provisions for women and
children. It empowered the state to make special legislation in this regard. The
courts have always approved the validity of such special legislation rather
special measures. It is to be noted that the constitution of India guarantees all
the rights to women which are given to men. The special features of
fundamental rights are as under –
1- Right to equality (Art 14 and 15 )- it means the equality of opportunity
,equality before law , equal protection of laws not discriminating against
any person on grounds of sex , religion , caste.
2- Right to freedom – Article 19 to 22 of the constitution deal with right to
freedom. It includes right to freedom of speech, protection in respect of
conviction for offences, protection of life and personal liberty and protect
against the arrest and detention etc.
3- Right against Exploitation – According to Article – 23 of the constitution
traffic in human beings and forced labour is prohibited .
4- Right to freedom of Religion –According to Article 25 to 28 of the
constitution deal with the right to freedom of religion. It means
professing practicing and propagating religion freely now women have
right to follow the rituals and have right to worship.
 5- Cultural and educational Right – The interest of minorities is protected
under Article-29 of the constitution. Further Article- 30 of constitution
provides the rights of minorities.
6- Right to Constitutional Remedies – Every citizen has been provided the
right to Constitutional remedies. Article 32 to 35 deal with the right to
constitutional remedies that is the approaching court for enforcing
fundamental rights.
Women Rights Given In Preamble and Directive Principles Of State Policy
In India

Directive Principles of State Policy and women rights

The Directive Principles of State Policy are the guidelines or principles given to
the federal institutes governing the state of India, to be kept in citation while
framing laws and policies. The principles have been inspired by the Directive
Principles given in the Constitution of Ireland relate to social justice, economic
welfare, foreign policy, and legal and administrative matters.

1. Equal justice and Free legal aid

In Indian Constitution there are provisions to get Equal justice and
free legal aid to the needy. "The State shall secure that the operation
of the legal system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable legislation.
2. Principle of “equal pay for equal work” is a constitutional goal.
India still lacks a comprehensive and transparent wage policy for all
the sectors of the economy. Gender equality is the goal, while gender
neutrality and gender equity are practices and ways of thinking that
help in achieving the goal.
3. Men and women workers to be protected equally
According to Article 39(e) of the Constitution is that the state is
required to ensure that the health and strength of women workers
are not abused and that they are not forced by economic necessity to
enter avocations unsuited to their strength and that of the children
of underage to be protected equally. They should not be forced to
work under inhuman and hazardous condition.
4. Uniform Civil Code and Gender Equality
Under the Directive Principles of State Policy in Article 44, it is
suggested, “The State shall endeavor to secure for the citizens a
Uniform Civil Code throughout the territory of India.” In order to
establish true equality among the citizens of the country, the State
must enforce the Uniform Civil Code.
5. Protection of women from prostitution and rehabilitation of their
children
In the past decade the volume of human trafficking has increased to
the extent that today it is the third-largest form of transnational
illegal trade after arms and drugs. The objective of such trafficking
of women and girls is the commercial sexual exploitation. Section 16
of the Immoral Traffic (Prevention) Act, 1956, provides for the
rescue of persons living or carrying on, or made to carry on
prostitution, in a brothel.
 B. The Preamble of the Indian Constitution and Women Right

A preamble of a constitution gives an introduction to the Constitution. It is a

key to open the mind of the framers of the Constitution. The Preamble sets out
the guidelines for the people and presents the principles of the Constitution.

1. The principle of gender equality is enshrined in the Preamble of the

Indian Constitution. The Preamble of the Indian Constitution has in it the
terms such as “Justice,” “Liberty,” and “Equality.” The Preamble states
that every person should get JUSTICE (social, economic, and political);
LIBERTY (of thought, expression, belief, faith, and worship); EQUALITY
(of status and opportunity) to everyone – men and women.

2. The Preamble of the Indian Constitution also talks about the “dignity of
the individual.” For a person to live with dignity, he should get equal
access to fundamental rights (guaranteed under the Indian Constitution)

Various case Law related to women’s right

Vishaka Vs. state of Rajathan 1997 S.C - Bhanwari Devi, a social workers
from rajsthan was brutally gang raped by five men for preventing a child
marriage. Determined to seek justice she decided to go to court, in a shocking
decision the trial court acquitted all five accused. Vishaka, a Group for women’s
education and Research took up the course of Bhanwari Devi. It joined forces
with four other women’s organization and filed a petition before the supreme
court of India on the issue of sexual harassment at the workplace.
On August 13, 1997, the Supreme Court commissioned the Vishaka guidelines
and the defined sexual harassment and ordered the employers to provide a
safe working environment for women.
Lata Singh V.s state of utter Pradesh 2006- Landmark judgment by the
Supreme Court that allowed an adult woman, the right to marry or live with
anyone of her choice inter caste marriage.
Denial of Seniority promotion on the rule ground of sex – Rules regarding
seniority and promotion in the Indian foreign service was challenged before
the Apex court in Miss C.B Muhammad Vs. Union of India, where it has been
held that the rules relating to seniority and promotion in Indian foreign service
which make discrimination only on ground of sex is not only unconstitutional
but also a hangover of the masculine culture of having cuffing the weaker sex.
Reservation of seats for women in Colleges - Bombay High court in
Dettatreya Vs. State of Bombay has held that reservation of some seats in
women’s colleges is not unconstitutional the court observed that
establishment of educational institution exclusively for women is not illegal-
by Art 15 of the Constitution 1950 .
Problems of Women
1. Sexual Harassment of working women at work place
Definition - For this purpose, sexual harassment includes such unwelcome
sexually determined behavior (whether directly or by implication) as:

 Physical contact and advances;

 A demand or request for sexual favours;
 Sexually colored remarks:
 Showing pornography
It is discriminatory for instance, when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with the
employment or work including recruiting or promotion.
The sexual harassment of women particularly the working women at work
place by their male counterparts is one of the evils of the modern society. In
India, there is no one is capable to combat this evil of the sexual harassment of
working women.
All employers or person in charge of work place whether in public or private
sector should take appropriate following steps to prevent sexual harassment.
 1. Preventive Steps –
a. Express prohibition of sexual harassment as defined above at the
work place should be notified, published and circulated in
appropriate ways.
b. The Rules/ Regulations of government and public sector bodies
relating to conduct and disciplined should include rules/ regulations
prohibiting sexual harassment and provide in such rules against the
offender.
c. As regards private employers, step should be taken to include the
aforesaid prohibited steps in the standing orders under the
industrial employment (standing orders) Act -1946.
d. Appropriate work conditions should be provided in respect of work
leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work.
2. Criminal Proceedings – Where such conduct amounts to a specific offence
under Indian penal code or under any other law, the employer shall initiate
appropriate action in accordance with law by making a complaint with the
appropriate authority.
3. Disciplinary Actions – Where such conduct amount to 15 to 10 misconduct
in employment as defined by the relevant service rules appropriate
disciplinary action should be initiated by the employer in accordance with
those rules.
4. Complaint Mechanism-Whether or not such conduct constitutes an offence
under law or a breach of the service rules, an appropriate complaint
mechanism rules, should be created in the employer’s organization for redress
of the complaint made by the victim’s.
5. Complaint-Committee –The complaint mechanism, referred to in
complaint committee, above should be adequate to provide, where necessary a
complaints committee, a special councellor of other support service, including
the maintenance of confidentially
6. Workers Initiative –Employees should be allowed to raise issue of sexual
harassment at worker meeting and in other appropriate forum.
7. Awareness – Awareness of the rights of female employees in this regard
should be created in particular by prominently notification of guidelines in a
suitable manner.
8. Third Party Harassment – Where sexual harassment occurs as a result of
an act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support for preventive action.
9. The central /state Government are requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in private sector.
2. Domestic Violence against Women
“Domestic Violence” Against women ‘’ means Any act or conduct which has
potential to injure or hurt women physically, mentally, emotionally, socially
and also spiritually within the four walls of house, however, such an act or
conduct is done usually not by strangers.
Domestic violence could yield drastic and extreme result in the form of death.
Though there may be minor scar and injury in some cases of domestic violence
against women, there could be a situation where domestic violence could
result neither death nor minor scar but create psychological disaster.
It is well known omnipresent problem that women are subject to violence at
home. There are many reasons for this, because they are educationally
backwards and do not have familiarity with the legal procedure and also
having absence of faith in the legal system.
Kinds of Domestic Violence
There are some judicially recognized kinds of domestic violence. These are as
under –
 I. Forceful termination of Pregnancy amounts to violence at home is
domestic violence – in the view of section 313 to 316 of IPC female
infanticide or forcing the wife to terminate her pregnancy are also
varieties of domestic violence which is recognized as an offence under the
penal code.
II. Unlawful Confinement – It is also one of the forms of domestic violence
when a woman’s movement is restrained or confined within the four
walls of house.
III. Marital Rape – Another common form of domestic violence is in the form
of marital rape. Where wife is living separately under a decree of judicial
separation or under any custom and the man is having sexual inter course
with his own wife without her consent it amount to offence under section
-376 A of the IPC
IV. Misappropriation of the wife’s property- Within a view to make wife
economically dependent the grabbing of her property by husband is a
common form of domestic violence.
V. Dowry Death – it is worst form of the domestic violence wherein many
married women have been killed at their matrimonial home by her
husband relatives out of greed for dowry. A dowry death is the death of a
woman because of burns, bodily injury or any reasons that are not
normal and such death must take place within 7 years from the date of
marriage.
Thus, there are three essentials to fulfill the requirement of section -304 B IPC;

 The husband or relative of the husband should have treated the married
woman with cruelty.
 Such cruelty should have been for or in connection with, demands for
dowry.
 Cruelty should have been committed before her death.
In the view of Section 113B of the evidence Act read with s.304B of Indian
penal code the prosecution will have to prove that –
 1. The death was caused by burns, bodily injury or death occurred under
unnatural circumstances and in this regard the post mortem report is
creditable evidence.
2. The death look place with 7 years of the marriage in this connection
photographs of the wedding at marriage, certificates etc. are relevant proof.
3. The cruelty or harassment was caused on account of demand for dowry to
prove this the neighboring witness or letters of deceased written to parents
or some on letting that her in-laws are demanding dowry.
4. It would be pertinent to mention that the charged of dowry is mostly
combined with charges under section -498A of the Indian penal code which
deal with the term dowry as defined in section-2 of Dowry prohibition Act -
1961 which read as under;
VI. Abetment to commit Suicide –There are numerous instances when
woman are driven to commit Suicide due to domestic violence. In such
cases, perpetrator is responsible for the death. “abetment “can take place
in any of the three forms viz.
(i) By instigation
(ii) By Conspiracy
(iii) By intentional aiding.
VII. Matrimonial Cruelty - Under section -498 A of Indian Penal Code, 1860
matrimonial Cruelty whether it is physical or mental is an offence. The
term “Cruelty “under the said section has wide scope to include various
kinds of other cruelty.
According to section -2(viii) of the Dissolution of Muslim Marriage Act -1939
“Cruelty “means:
A. Habitually offending the wife or ill treating hero.
B. Forcing wife to lead immoral life.
C. Disposing of wife’s property without obtaining her consent.
D. Not allowing her to observe religious practice.
Under the aforesaid Act the Victim of Violence at home can seek divorce
on the ground of cruelty.
 According to section 13(1)(9) of Act 1955, cruelty is a legal ground for divorce.
Though the term “Cruelty “ has not been defined under the said Act but it is
taken to mean acts of physical as well as mental cruelty Section 10 of the Act.
VIII. Hurt and Grievous Hurt – Simple injury or serious injury is one of the
forms of domestic violence. It is a physical violence when woman is
Subjected to direct bodily assault if any one causes to a woman, bodily
injury or disease or infirmity that person will be considered to have
caused hurt to that woman.
IX. Wrongful Restraint and Wrongful Confinement –woman have a right
to move s proceed in any direction that they want to when a woman is
obstructed or prevented from proceeding beyond certain circumstances
limits it amounts to violence against woman.
X. Bigamy – Keeping of second woman or mistress during the subsistence of
first wife, the person who commits such act is guilty of domestic violence
against first wife.
Measure to prevent Domestic Violence
1. The Dowry Prohibition Act 1961 – This is a special law enacted to deal
with the special evil of dowry viz demand for property or valuable
security.
2. The commission of Sati prevention Act 1987 – “Sati “is one of the
oldest forms of domestic violence which prevailed in society but curbed
in the last Century. The expression “sati” means the burning or burying
alive of widow along with the body of her deceased husband.
3. The pre-natal Diagnostic Techniques (Regulation and prevention of
Misuse) Act 1994 – Female infanticide or forced termination of
pregnancy is a specific form of domestic violence. This Act regulation the
forced termination of female fetus it permits termination of pregnancy
only for medical purpose.
 4. Civil law- In India Civil law to address the problem of domestic Violence.
The Victim of domestic violence can seek civil relief under the following
Acts:

National Commission for Women

NCW has the mandate of protecting and promoting the interests of women. It
was set up as statutory body in January 1992 under the National Commission
for Women Act, 1990
Function
1. To investigate and monitor all matters relating to the safeguards
provided for the Women under this Constitution.
2. To inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Women.
3. To participate and advise on the planning process of socio-economic
development of the Women
4. To present to the President, annually reports upon the working of those
safeguards.
5. To make recommendations for the measures that should be taken by the
Union or any State for the effective implementation of those safeguards.
6. To discharge such other functions in relation to the protection, welfare
and development and advancement of the Women. These are as under-
 To look into derivation of women’s rights.
 To look into non-implementation of laws enacted to provide
protection to women
 To look into non-compliance of policy decisions, aimed at mitigating
hardships and ensuring welfare and providing relief to women.
 To evaluate the progress of women.
Section 9 of Hindu Marriage Act-1955
Living together', 'providing matrimonial comforts', 'enjoying each other's
company'; these are few of the characteristics which are inherent in the
concept or institution of marriage. The matrimonial consortium of the spouses
is like the skin which fills the skeleton of marriage. Without the company of the
spouse marriage is like a hollow concept or empty shell. At times, the spouses
separate from each other; whether due to compulsion by choice. Such a
separation severely affects their relationship and a times culminates into
dissolution of the relationship.
Section 9 of the Hindu Marriage Act, 1955 provides the remedy of restitution of
conjugal.
'Conjugal rights' means - right of the husband or the wife to the society,
comfort and affection of the other spouse. Conjugal rights include the
enjoyment of association, sympathy, confidence, domestic happiness, and
comforts of dwelling together in the same habitation, eating meals at the same
table and profiting by the joint property rights as well as intimacies of
domestic relations.
Scope and Object of the Section
Section 9 : Restitution of conjugal right : When either the husband or the
wife has, without reasonable excuse, with drawn from the society of the other,
the aggrieved party may apply, by petition to the district Court, for restitution
of ,conjugal rights and the Court, on being satisfied of the truth of the
statements made in such petition and that there is no legal ground why the
application should not be granted, may decree restitution of conjugal rights
accordingly.
In such cases, the remedy of restitution of conjugal rights plays a very role in
bringing together the spouses. In such a case joining the aggrived person
because of the decree of restitution of conjugal rights, serves purpose of the
aggrieved person' as well as of the spouse who withdrew in the heat of the
passion or in a fit of high temper.
Essentials for Presenting Petition under Section 9
1. Withdrawal of one spouse from the society of the other.
2. Withdrawal should be without any reasonable excuse.
3. The aggrieved party has to move a petition under this section.
4. Court has to be satisfied about
Thus, an aggrieved person has to prove that his or her spouse has withdrawn
from his or her society without any reasonable excuse. Who would be an
aggrieved person is decided on the facts and circumstances of each case. If a
wife leaves her husband's house, it does not mean that her husband is
necessarily the aggrieved person. If she leaves the house, for instance, because
of her husband causing her mental or physical torture or cruelty, then although
she has withdrawn from her husband's society, yet she may be the aggrieved
person in the facts of the case.
Constitutional Validity of Section 9
Section 9 has been attacked in several cases to be unconstitutional. Remedy of
restitution of conjugal rights provided for by Section 9 held to be a savage and
barbarous remedy violating the right of privacy and human dignity guaranteed
by Article 21 of the constitution. The Court observed, "A decree for restitution
of conjugal rights constituted the grossest form of violation of any individual's
right to privacy.
But Supreme court held such a right is inherent in the very institution of the
marriage itself. It is now well settled that Section 9 is only a codification of pre-
existing law and there are sufficient safeguards in Section 9 to prevent it from
being a tyranny. And it is not unconstitutional.
The salient features of indecent representation of woman (Prohibition)
Act, 1986
Meaning of indecent representation:- Indecent representation of women
means the depiction in any manner of the figure of a woman, her form or body
or any part thereof in such a way as to have the effect of being indecent, or
derogatory to women or is likely to deprive, corrupt or injure the public
morality or morals.
Salient features of Act:- The salient features of indecent representation of
woman (Prohibition) Act, 1986 are as under:-
1. Penalties prescribed for the violations of the provisions of the Act:-
S.6 of this Act provides that any person who contravenes the provisions
of s.3 or 4 shall be punishable on first conviction with imprisonment of
either description for a terms which may extend to two years, and with
fine which may extend to two thousand rupees.
2. Offences to be cognizable and Bailable:- an offence punishable under
this act shall be bailable and cognizable.
3. Protection of action taken in good faith:- According to S.9 of the
indecent representation of women Act, no suit, prosecution or other legal
proceeding shall lie against the central Government, any state
Government or any officer of the central govt. or any state Government
for anything which is in good faith done or intended to be done under this
Act.
4. Power to make rules: Such rules may provide for all or any of the
following matters. Namely-
(a) The manner in which the seizure of advertisements or other articles shall
be made.
(b) Any other matter which is required to be or may be prescribed.
SATI (PREVENTION) ACT, 1987
Meaning of sati:- According to 2-c of the Commission of sati (Prevention) Act,
1987. “Sati” means buraing or burying alive of:-
(i) Any widow along with the body of her deceased husband or any other
relative or with any article, object or thing associated with the husband
or such relative or;
 (ii) Any woman along with the body of any of her relatives. Irrespective of
whether such burying is claimed to be voluntary on the part of the
widow or the woman or otherwise.
Salient features of Sati act:- The main features of sati act, 1987 are as under:-
1. Punishment for glorification of sati:- the provisions of this Act provide
that whoever does any act for the glorification of sati shall be punishable
with imprisonment for a term and with the fine which shall not be less
than five thousand rupees but which may extend to thirty thousand
rupees.
2. Power to prohibit certain Act:- According to s.6 (1). Where the collector
or the district magistrate is of the opinion that sati is about to be
committed by order, prohibit the doing of any act towards the
commission of sati.
3. Power to remove certain temples or other structure:- According to S.7 of
the sati Act 1987, the state Government. If it is satisfied that in any temple or
other structure which has been in existence for not less than twenty years any
form of worship or the performance of any ceremony is carried on with a view
to perpetuate the honour or to preserve the memory of any person in respect
of when sati has been committed by, order, direct the removal of such temple
or other structure.
4. power to cease certain properties:- According to S.8 of Sati Act, 1987 (1)
where the collector or the district magistrate has reason to believe that any
funds or property have been collective for the purpose of glorification of the
commission of sati. He may Seize such funds or property.
5. Trial of offences under this act:- According to S.9, notwithstanding
anything contained in the code, all offences under this act shall be triable by a
special Court constituted under this section.
6. Special public prosecutor:- According to s.10, for every Special Court, the
state Government shall appoint a person to be a special prosecutor.
 7. Forfeiture of property or funds etc:- it must be noted that where a
person has been convicted of an offence under this act, the special court
trying such offence may, if it is considered necessary so to do, declare that
any funds or property seized U/S.8 shall stand forfeited to the state.
Maternity Benefit Act- 1961
The object
The object of maternity leave and benefit is to protect the dignity of
motherhood by providing for the full and healthy maintenance of woman and
her child when she is not working. As the number of women employees is
growing, maternity leave and other maternity benefits are becoming
increasingly common.
Main Provisions of the Act
(a) Prohibition of Work or Employment by Women during Certain period
(i) No employer shall knowingly employ a woman in an establishment
during the six weeks immediately following the day of her delivery or
her miscarriage.
(ii) No woman shall work in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.
(iii) No pregnant woman shall, on a request being made by her in this
behalf, be required by her employer to do work which is of an arduous
nature or which involves long hours of standing or which in any way is
likely to interfere With her pregnancy or the normal development of
the foetus or is likely to cause her miscarriage or otherwise to
adversely affect her health.
(b) Any period during the said period of six weeks for which the pregnant
woman does not avail of leave of absence under section 7
(b) Entitlement to Payment of Maternity Benefit
(i) Every woman shall be entitled to and her employer shall be liable for, the
payment of maternity benefit at the rate of the average daily wage for the
period of her actual absence
(ii) No woman shall be entitled to maternity benefit unless she has actually
worked in an establishment of the employer from whom she claims maternity
benefit, for a period of not less than eighty days in the twelve months
immediately preceding the date of her expected delivery
(iii) The maximum period for which any woman shall be entitled to maternity
benefit shall be twelve weeks of which not more than six weeks shall precede
the date of her expected delivery
Payment of Maternity Benefit in Certain Cases
Any woman
(a) Who is employed in a factory or other establishment to which the
provisions of the Employees' State Insurance Act, 1948 (34 of 1948) apply
(b) Whose wages (excluding remuneration for overtime work) for a month
exceed the amount specified in sub-clause (b) of clause (9) of section 2 of the
Act; and
(c) Who fulfils the conditions specified in sub-section (2) of section 5, Shall be
entitled to the payment of maternity benefit under this Act
(d) Notice of Claim For Maternity benefit and Payment Thereof
Any woman employed in an establishment and entitled to maternity benefit
under the provisions of this Act may give notice in writing in such form as may
be prescribed, to her employer, stating that her maternity benefit and any
other amount to which she may be entitled under this Act may be paid to her
or such person as she may nominate in the notice and that she will not work in
any establishment during the period for which she receives maternity benefit.
(e) Payment of Maternity Benefit in Case of Death of A Woman
If a woman entitled to maternity benefit or any other amount under this Act,
dies before receiving such maternity benefit or amount, or where the employer
is liable for maternity benefit under second proviso to sub-section (3) of
section, 5, the employer shall pay such benefit or amount to the person
nominated by the woman in the notice
(f) Payment of Medical Bonus
Every woman entitled to maternity benefit under this Act shall also be entitled
to receive from her employer a medical bonus of two hundred and fifty rupees.
(g) Leave for Miscarriage, Medical Termination of Pregnancy and
Tubectomy Operation
In case of miscarriage, a woman shall on production of such proof as may be
prescribed, entitled to leave with wages at the rate of maternity benefit, for a
period of six weeks immediately following the day of her miscarriage.
(H) Leave for Illness Arising out of pregnancy, Delivery, Premature Birth
of child, or Miscarriage
A woman suffering from illness arising out of pregnancy, delivery,
premature birth of child or miscarriage shall, on production of such proof as
may be prescribed, be entitled, in addition to the period of absence, she will
be allowed leave with wages at the rate of maternity benefit for a maximum
period of one month.
(I) Prohibition for Dismissal During Absence due to Pregnancy
When a woman absents herself from work in accordance with the provisions
of the Maternity Benefit Act, shall be unlawful for her employer to discharge or
dismiss her during or on account of such absence or to give notice of discharge
or dismissal on such a day that the notice will expire during such absence, or to
vary to her disadvantage any of the conditions of her service.
(J) Forfeiture of Maternity Benefit
If a woman works in any establishment after she has been permitted by her
employer to absent herself under the provisions of section 6 for any period
during such authorized absence, she shall forfeit her claim to the maternity
benefit for such period.
Factors for rise in sex offences
1. Man is a creature of endless moods and caprices. Just as he wants change
and variety in food he eats and clothes he wears and the music he hears,
so he finds it difficult to remain absolutely faithful to one sex-partner.
Thus variety being the essence of enjoyment, men and women indulge in
extra-marital relations.
2. Due to the impact of western culture, the age-old traditional norms and
customs are fast losing their holds on Indian society. This accounts for the
growing incidence of sexual crimes in urban areas as compared to rural
regions.
3. Urbanization due to industrial progress of the country has given rise to
several new problems in human life. Parents have to stay away from their
home for a considerable long time during working hours. This result into
neglect of children and lack of parental control over them the youngsters,
therefore tend to become more undisciplined, reckless, repulsive and
irresponsible.
4. Referring to sex deviants, that changes in the habits of dress and undress,
obscenity in advertisements, movies may stimulate sexual impulse in
varying degrees.
5. The influence of intoxicants such as liquor, drugs etc, also accounts for the
sex crimes. Consumption of wine and liquor has become a part of habit
with most of the persons.
6. The satisfaction of sex impulse is an important biological need of human
personality.
7. Family unhappiness due to wife being frigid or husband being weak in sex
act may also divert the spouses to prohibited sex conduct.
Remedy for Prevention of sex delinquency:
1. The marriage between the spouses who are related by blood must be
discouraged. The reason being that the off-springs of such union are often
degenerated and have little appreciation for morality.
2. In India. The law commission in its 71st report suggested that the existing
divorce-laws should be suitably amended so as to make irretrievable
break-down of marriage as a good ground for the grant of decree of
divorce under the Hindu Marriage Act, 1955.
3. Parents should keep their wards well under control and pre-warn them
of the possible dangers involved in illegal sexual acts.
4. Some criminologists says imparting sex education and providing correct
knowledge about sex to the young person’s would help them to
understand sex better.
5. Much of the sex criminality may be prevented by the initiative of women
themselves. They should guard against any providing any opportunity to
the potential sex of offender.
6. It is necessary to keep the youths fully engaged in work so there that is no
time left for them to waste their energy on perverse sex-thoughts a
considerable extent .
7. Sex delinquency among prisoners presents a special problem for the
prison authorities .Quite a large number of prisoners are sex-psychopaths
for the reason that they are completely deprived of marital life during
their term of imprisonment.
8. Another significant aspect of sex-crime is the psychology of adolescent
girls at the time of puberty and menstruation when they are undergoing
a biological change in their physical features .This period is particularly
difficult for girls. At this delicate age girls mostly get mentally disturbed
and need to be told that the physic-biological changes in them are not
unusual or abnormal and they should take them as a normal phenomenon
of life. This is a stage when they should be tenderly looked after.
Medical Termination of Pregnancy Act 1971
Law Relating to Abortion in India
The protection of law to human life also extends to an unborn child in mother’s
womb. Causing miscarriage with or without consent of the women is an
offence under Section 312 and 313 of IPC respectively .Section 312 requires
two elements to be satisfied for the offence of the miscarriage ,namely
(I) it should not have been caused voluntarily and it should not have been
caused in good faith for the purpose of the saving the life of the woman.
Miscarriage may be caused at two different stages, that is when a woman is
‘with child’ when she feels the motion of the child in her womb.
When an act done with an intent to cause miscarriage of woman with her
consent and it result into her death, it is an offence punishable under section
314 of IPC up to ten years imprisonment.
Medical Termination of Pregnancy Act, 1971
In order to extent protection to woman against illegal abortions, the Medical
Termination of Pregnancy Act, 1971 has been enacted with the following
objectives:

1. Abortion will be legal as measure of health where there is a danger to the life
or risk to physical or mental health of a woman
1. On humanitarian grounds, such as when pregnancy is caused as a
result of sex offence or intercourse with lunatic woman; or
2. When there is a substantial risk that the child, if born, would suffer
from the deformities and disease.
Section 8 extends protection to medical practitioners for act done by them
under the Act .Any willful failure of the compliance of any provision of the Act
and rules made there under shall be punishable with fine which may extend to
one thousand rupees.
The Medical Termination of Pregnancy Act.1971 (MTPRA) is no doubt a
landmark is the history of post –independent social legislation in India. Since
abortion has been liberalized in quite a wide range of circumstances, it has
come to the rescue of girls and unmarried woman who unfortunately fell a
victim to sex crime and became pregnant they are thus saved from the stigma
of ‘unmarried-motherhood’.
Rape (Section 375)

A man is said to commit rape if he –

a) Penetrates his penis to any extent, into the vagina, mouth; rather or
anus of a woman or make her to do so with him or any other person.
b) Inserts to any extent, any object or a part of the body, not being the
penis, into the vagina, the urethra or anus of a woman or makes her to so with
him or any other person.
c) Manipulates any part of the body of a woman so as to cause
penetration into the vagina , urethra anus or any part of body of such woman
or makes her to do so with him or any other person
d) Applies his mouth to the virginal, anus urethra of a woman or makes
her do so with or any other person.

Under any of the following circumstances

• First- against her will
• Second – without her consent
• Thirdly- with her consent when her consent is obtained by putting her or
any person in whom she is interested in fear of death or hurt
• Fourthly- with her consent, when the man knows that he is not her husband
and that her consent is given because she believes that he is the man to whom
she is or believes herself to be lawfully married.
• Fifthly- with her consent when at time of giving such consent by reason of
unsoundness of mind or intoxication or the administration by him personally
or through another substance
• which she is unable to understand the nature and consequences of that to
which she gives consent .
• Sixthly: - with or without her consent when, when she is under eighteen
years of age.
• Seventhly:- when she is unable to communicate consent.

Exception
Exception 1:- A medical procedure or intervention shall not constitute rape.
Exception 2:-Sexual intercourse by a man with his own wife, the wife not
being under 15 years of age, is not rape.

Punishment for Rape (section 376)

1. Whoever excepts in the cases provided for in sub section (2) commits rape,
shall be punishable with rigorous imprisonment of either description for a
term which shall not be less than 7 years but may extend to imprisonment of
life, and shall also be liable to fine.

Example-
i. In this case, a middle aged Bal Sewika was raped by the appellant
when she was sleeping in a girls school. The next day she narrated the
incident to the Mukhya Sewika of the village and the appellant was
convicted.
ii. A pregnant woman was raped by three persons. Seven months later
abortion took place. Medical evidence showed that immediate abortion
would have taken place if three of the accused raped her one after
another. Further, absence of injuries on the private part of the accused
and the lady made it clear that she was a consenting party. Hence, the
accused persons were acquitted.

JUVENILE DELINQUENCE
A child is born innocent and if nourished with tender care and attention, he or
she will blossom into a person of stature and excellence. On the other hand,
noxious surroundings, neglect of basic needs, bad company and other abuses
and temptations would spoil the child and likely to turn him a delinquent.
Meaning of juvenile delinquency- juvenile delinquency refers to "a variety of
anti-social behavior of a child and is defined somewhat differently by different
societies."
It may be noted that a great variety of acts included within the term 'juvenile
delinquency'. For example, smoking, drinking or absenting oneself from home
may be a permissible conduct for adults but the same is treated as a delinquent
act if committed by children or adolescents.
Causes of Juvenile Delinquency
1. Urbanization- The industrial development and economic growth in India
has resulted into urbanisation which in turn has given rise to new
problems such as housing, slum dwelling, overcrowding, lack of parental
control and family disintegration and so on.
2. Disintegration of family system- Disintegration of family system and
laxity in parental control over children is yet other cause of increase in
juvenile delinquency. Absence of security and want of love and affection
towards children, which are contributing factors for juvenile delinquency.
3. Unprecedented increase in divorce cases -Unprecedented increase in
divorce cases and matrimonial is dispute yet another cause for disrupting
family solidarity.
4. Undue discrimination among children- Undue discrimination among
children or step- motherly treatment also has an adverse psychological
effect on youngster.
5. Modern living - The rapidly changing patterns in modern living also
make it difficult for children and adolescents to adjust themselves to new
ways of life.
6. Biological factors- Biological factors such as, early physiological
maturity or low intelligence, also account for delinquent behaviour
among juveniles.
7. Migration of deserted and destitute boys - Migration of deserted and
destitute boys to slums brings them in act with anti-social elements
 carrying on prostitution, smuggling of liquor or narcotic drugs and
bootleggers.
8. Poverty- Poverty is yet another potential cause of juvenile delinquency.
Failure of parents to provide necessities of life such as food and clothing
etc.
9. Besides the aforesaid causes, illiteracy, child labour, squalor, etc., are also
some of the contributing factors aggravating juvenile delinquency.

Juvenile welfare boards-

According to s.4(1), the state government may, by notification in the
official gazette, constitute for any area specified in the notification, one or
more juvenile welfare boards for exercising the powers and discharging
the duties conferred or imposed on such board in relation to neglected
juveniles under this act.
A board shall consist of a chairman and such other members as the state
government thinks fit to appoint, of whom not less than one shall be a woman;
and every such members shall be vested with the powers of a magistrate under
the code of criminal procedure, 1973.
The board shall function as a bench of magistrates and shall have the powers
conferred by the code of criminal procedure, 1973.
Prohibition of Child marriage Act 2006
Prohibition of Child Marriage Act, 2006 has been enacted for prohibition of
solemnization of child marriages and for matters connected therewith or
incidental thereto.
Who is a Child and who is a Minor under PCMA
“Child" means a person who, if a male, has not completed twenty-one years of
age; and if a female, has not completed eighteen years of age. "Minor" means a
person who, under the provisions of the Majority Act 1875, is to be deemed not
to have attained his majority.
Child Marriage and Contracting Party
"Child marriage" means a marriage to which either of the contracting parties is
a child; and "contracting party" in relation to a marriage means either of the
parties whose marriage is or is about to be thereby solemnized.
Thus, the age for the purpose of marriage continues to be the same which is
given under Hindu Marriage Act, viz. 21 for males and 18 for females.
Child Marriage Prohibition Officer and His Duties and Powers
It shall be the duty of the Child Marriage Prohibition Officer:
1. to prevent solemnization of child marriages by taking such action as he
may deem fit;
2. to collect evidence for the effective prosecution of persons contravening
the provisions of this Act;
3. to advise either individual cases or counsel, the residents of the locality
generally not to indulge in promoting, helping, aiding or allowing the
solemnization of child marriages; .
4. to create awareness of the evil which results from child marriages;
5. to sensitize the community on the issue of child marriages;
6. to furnish such periodical returns and statistics as the State Government
as it may direct; and
7. to discharge such other functions and duties as may be assigned to him by
the State Government.
Child marriage under PCMA is voidable
Child marriage under PCMA is voidable but the petition for nullity can only be
filed by that contracting part who was a child at the time of the marriage, that
is by a male if he was below twenty one years of age when his marriage was
performed or by a female if she was below eighteen years of age when her
marriage was performed. Period available for under this Section is at any time
but before the child filing the petition completes two years of attaining
majority. The section is retrospective in operation which means even if the
child marriage was performed prior to passing of PCMA, the petition for nullity
of the child marriage can be presented after the commencement of the PCMA.
Position of Contracts with minors

In India, the age of majority is regulated by the Indian majority act (Act IX of
1875). Every person domiciled in India attains majority on the completion of
18 years of age. The position of a minor as regards his agreement may be
summed up as follows:

1. An agreement with minor is void ob initio: the reason for this rule is that
it is presumed in law that a minor cannot understand the implications of his
acts and therefore cannot be bound by any promise made by him.
Example: A minor executed a mortgage for Rs. 20,000 and received Rs. 10,500
from the mortgagee as advance. Then he sued for setting aside the mortgage.
The mortgagee claimed refund of Rs. 10,500 which he had paid. Held, an
agreement by the minor was void, and the mortgagee could not recover the
amount of Rs. 10,500. (MOHIRI BIBI VS. DHARMODAS GHOST)

2. Estoppel does not apply against a minor: If a minor misrepresents his age
and induces another to enter into a contract with him, estoppels will not apply
against him.
3. Minor not liable in contract or tort arising out of a contract: A minor is
not liable in a contract because he is incapable of giving a valid consent. But a
minor can be made liable if a tort is committed by him. Where a tort [9] arises
because of a contract, a minor cannot be made liable even in tort because that
would be an indirect way of enforcing a contract.

4. Doctrine of restitution: if a minor obtains some goods by misrepresenting

his age, he can be compelled to restore it, but only if it is traceable. If it is not
traceable minor cannot be asked to restored.
5. No ratification on attaining majority: A minor cannot ratify an
agreement on attaining majority which he had entered into during
minority. Ratification relates back to the date of the act and therefore a
contract which was void initio cannot be validated by subsequent ratification.
6. Minor cannot become a partner: A minor cannot enter into partnership
agreement. But a minor may be admitted to the benefits of a partnership with
the consent of all the partners. He can become a full fledged partner on
attaining majority [section 30, Indian Partnership Act, 1972).
7. Minor cannot be adjudged insolvent: A minor cannot be adjudged
insolvent as he is incapable of contracting a debt.
8. Beneficial contracts: where a minor has already given the full
consideration to be supplied by him and there is nothing that remains to be
done by him under the contract, a minor can enforce the contract.
9. Minor liable for necessaries: a minor is liable for necessaries supplied to
him or any one whom he is legally bound to support, to the extent of his [10]
estate (sec. 68). The term 'necessaries' is not defined in the Indian Contract
Act, 1892. The English sale of goods Act, 1893 defines necessaries as follows:
"Goods suitable to the condition in life of such infant or other person, and to his
actual requirement at the time of sale and delivery.

Causes and abuses of Child Labour in India

1. Economic reasons – Poverty is the root cause of the child labour.
Economic compulsions compel the poor parents to put their children under
the risk of inhuman exploitation. Most of the inhabitants in rural area are
landless are not conscious enough towards proper development of their
child and thus they do not hesitate to send their children in labour market.
2. Profit motive tendency – Employers, especially in unorganized sectors
prefer to employ child labour for various reasons and to earn more profit
by paying less wage to child labour.
3. Feudalistic and caste system : - Poor children are being mortgaged to
the feudal type of persons or money lenders for small money on exorbitant
interest rate to perform social etc.
4. Absence of provision for Compulsory and free education and proper
schooling facilities :- we failed to provide free and compulsory primary
education to the children .Thus the children from poor families preffered
tools and hammer in their hands rather to take pen and books.
 5. Population explosion: - Reckless growth in population is great hurdle to
combat with the poverty as it is not with corresponding growth of
resources and opportunities.
6. Misfortune of few children and families and luck of social security: -
Sometimes due to loss of parents and bread earner of the family, child
becomes orphan because in our country there are no social security
schemes for such children as such the child is compelled to work as a child
labour.
7. Social acceptance for learning parental occupations – our society
accepts that children of particular caste group should learn their parental
occupation and skill. Even most of the artisans and trades ‘man prefer to
transfer their traditional skill to their children only rather to someone else.
8. Ineffective implementation of laws: - effective implementation is not
being done to various known and unknown reason specially duo to
indifferent attitude of enforcing agencies results in increasing tendency to
employ child without any fear.

Various laws to Prohibition of child labour in India

1. Indian Penal Code, 1860:- The Code provides certain provisions to
protect the interest of child considering their tender age.
Section 82: Nothing is an offence which is done by a child under seven
years of age.
Section 83: Nothing is an offence which is done by a child above seven
year of age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequences of his conduct
on that occasion.
Section 363-A: Kidnapping or maiming a minor for purposes of begging
: (1) Who ever kidnaps any minor or, not being the lawful guardian of a
minor ,obtains the custody of the minor in order that such minor may be
employed or used for the purposes of begging shall be punishable with
imprisonment for life and shall also be liable to fine.
 Section 366-A: When someone lure minor girl under the age eighteen
years to go from any place or to do any act with intent she will be .forced
or seduced to illcit intercourse with another person shall be punishable
with imprisonment which may extend to ten years and shall also be
liable to fine .
Section 366-B: Importation of girl from foreign Country .Whoever
imports into India from any country Outside India or from the State of
Jammu and Kashmir any girl under the age of Twenty one years with the
intent that she may be forced or seduced to illicit intercourse with
another person, shall be punishable with imprisonment.
Section 369: - Whoever Kidnaps or abducts any child under the age of
ten years with the intention of taking dishonestly any moveable
property from reason of such child, shall be punished with
imprisonment.
Section 372: Selling minor for purposes of prostitution etc. shall be
punished with imprisonment.
Section 374: Unlawful compulsory labour .Whoever unlawfully
compels any person to labour against the will of that person, shall be
punished with imprisonment.
Section 125: Order for maintenance of wives ,children and parents. In
short this provision is made for maintenance of minor child (legitimate
or illegitimate) whether married or not unable to maintain itself and
even after attaining majority Section 160 : Police Officer’s power to
require attendance of witness .This section provides a proviso clause
that no male person under the age of fifteen years or women shall be
required by any police officers making investigation to attend as witness
at any place other than then place in which such male person or woman
resides.
Bonded Labour System Act, 1976: Though the Act is not directly concerned
with the child labour, yet the entire object is to protect the interest of poor
unorganized and illiterate work-force
Indian Contract Act, 1872: Any contract cannot be forced on individual who
needs free consent .Hence the person entering in the contract must be
competent to contract.
Apprentice Act, 1961:- Section 3 of the Act prescribes the qualification for
being engaged as an apprentice .The age is specified that he should be not less
fourteen years of age. If the apprentice is a minor the contract would be signed
by the guardian, in consonance with the spirit of Indian Contract Act.
Minimum Wages Act 1948 : Act provides that different minimum rates of
wages may be fixed for adult ,adolescents children and apprentice Moreover ,it
is now in expedient to fix separates rates of wages for children and for or
adolescent in the interest of climination of child labour system.
Plaqntation Labour Act, 1951 : The word “ Child” is defined under section
2(c) of the Act ,which means a person who has not completed his fourteenth
year of his age .Section 24 of the Act prohibiting the employment of children is
governed by section 26 of the Act 1951 which has also been amended by
section 24 of the Act 1986 being reproduced
Incest
Incest is sexual relation or intercourse between person to related by kindered
affinity that legal marriage cannot take place between them .Incest was
punishable with death in England in 1650.Subsequently it was punishable with
three or seven years penal servitude under the Incest Act ,1908 .The
consenting female was liable to some term of sentence. The Scottish Law
Commission in its report of 1981 observed that it causes psychological harm
not only to the actual participants but to other member of the family either at
the time of incident or later. thus incest not only undermines the family
institution but also ultimately causes ‘injury ‘to it .
In India, however ,incest though a prohibited act under the Hindu Law, is more
or less common among some of the tribals particularly the Gonds of Bastar in
Madhya Pradesh .The reason being while ‘sex’ means ‘pleasure’ to the civilized
people, for primitive race of Gonds it is ‘a pleasure as well as duty to its
community as also to the super divinely power that has created life’.
Surprisingly, the Indian penal Code does not provide incest as a distinct
offence. Although incestuous relation can be brought indirectly within the
purview of IPC only if it amounts ‘child’ –rape’ when the victim of incest is
below 16 years of age.
Stridhana

Stridhana According to Smriti Writers

The Smriti writers did not use the term Stridhana in its etymological sense as
comprising any kind of property possessed by a woman nor do they define
what is meant by the term. They simple enumerate certain kinds of property,
as constituting Stridhana.

Thus Manu mentions the following six kinds of properties asStridhana.

1. Adhyagni or gifts made before the nuptial fire;

2. Adhvavhanika or gifts made at the bridal procession;
3. Pitridatta or gifts made through affection by the father-in- law, and
mother-in-law , and Padovandanika or gifts madeat the time of making
obeisance at the feet of elders just after marriage ;
4. Gifts made by the father.
5. Gifts made by the mother ;and
6. Gifts made by the brotherTo this list, Vishnu adds;

Special Features of Stridhana

Test of Finding Stridhana Property - A Hindu female may acquire

property from various sources. But all property acquired by her is not
Stridhana whether a particular type ofproperty is Stridhana or not
depends on –
 Woman’s status at the time of acquisition i.e., whether she acquired it
 during maidenhood ,coverture, or widowhood; and lastly,
 The school to which she belongs
 The sources from which the property was acquired;

Rule of Damdupat –
The rule of Damdupat is a rule of Hindu law of debt according to which
the interest recoverable upon a debt at any one time cannot exceed the
principal. Where a part of the debt is paid, the principal for the purpose of
the rule of Damdupat is the balance of the principal remaining due at the
time when the interest claimed in the suit accrued. But according to the
rule of Damdupat there is no bar on the capitalization of interest in
arrears by a subsequent fresh agreement. According to S.34 C.P.C the
rule ceases to operate on the institution of a suit to recover the loan.

Cruelty

Cruelty- After passing of the Marriage Laws (Amendment) Act, 1976,

cruelty also has become a ground of divorce. Where cruelty has been
established, it is all the more appropriate that the couple be permitted
to live apart and their marriage deserved to be dissolved.
The question of legal cruelty justifying judicial separation or divorce on
that ground may be considered under the following heads –
a) Actual or Threatened physical violence – Actual violence or threat
of violence of such a character as to give rise to an apprehension of
danger to life, limb or health will undoubtedly constitute cruelty.
b) Verbal Abuse and insults- The continual use of abusive and
insulting words indulged in to bring shame and mental agony to the
other spouse may amount to legal cruelty.
c) Excessive Sexual Intercourse: - Excessive sexual intercourse by the
husband against the wish of the wife.
d) Refusal of Intercourse: - If sexual intercourse is unreasonably
refused and the refusal is persisted in for a long time, it will be a
 ground for holding that there is legal cruelty.
e) Neglect – Neglect by the spouse in discharge of his or her duties of
attention and company to the other and forcingthe letter to leave
the home and account of such contact would in the circumstances
of any particular case constitute neglect justifying judicial
separation or divorce on the ground of cruelty.

DOWRY

A dowry is a payment, such as property or money, paid by the bride's family to

the groom or his family at the time of marriage. Dowry contrasts with the
related concepts of bride price and dower. While bride price or bride service is
a payment by the groom, or his family, to the bride, or her family, dowry is the
wealth transferred from the bride, or her family, to the groom, or his family.
Similarly, dower is the property settled on the bride herself, by the groom at
the time of marriage, and which remains under her ownership and control.

Dowry is an ancient custom that is already mentioned in some of the earliest

writings, and its existence may well predate records of it. Dowries continue to
be expected and demanded as a condition to accept a marriage proposal in
some parts of the world, mainly in parts of Asia. The custom of dowry is most
common in strongly patrilineal cultures that expect women to reside with or
near their husband's family (patrilocality).[5] Dowries have long histories
in Europe, South Asia, Africa, and other parts of the world.

Female Foeticide
Female foeticide is the process of finding out the sex of the foetus and
undergoing abortion if it is a girl. Although it is illegal, many people continue to
practice it. Besides this, there are some communities which practice female
Infanticide - the practice of killing the girl child once she is born. This fact is
highlighted by the findings of census 2001 which show that there are only 933
women in this country for every 1000 men. Besides this, Census (2011) data
showed a significant declining trend in the Child Sex Ratio (CSR), calculated as
number of girls for every 1000 boys between age group of 0 - 6 years, with an
all time low of 918 in 2011 from 976 in 1961. This decline in sex ratio means
that we are not just depriving girls of human rights, we are also depriving them
of their right to live.
This practice needs to be stopped as both girls and boys have an equal right to
live. In order to do this, it is necessary to protect their rights by prohibiting
practices like dowry, female unemployment, child marriage and caste
discrimination.
Role of panchayat members in stopping female foeticide and female infanticide

Panchayat members should

 give accurate information on the laws pertaining to this issue

 find out where it is being practiced in the village and investigate it
immediately
 register all births and deaths under the purview of the panchayat
 raise awareness about gender sensitivity through public education
programmes
 prevent female foeticide with assistance from the ANM and local mid-wife
 Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW)

The Convention on the Elimination of all Forms of Discrimination Against

Women (CEDAW) is an international treaty adopted in 1979 by the United
Nations General Assembly. Described as an international bill of rights for
women, it was instituted on 3 September 1981 and has been ratified by 189
states.[1] Over fifty countries that have ratified the convention have done so
subject to certain declarations, reservations, and objections, including 38
countries who rejected the enforcement article 29, which addresses means of
settlement for disputes concerning the interpretation or application of the
convention

Core Provisions

Article 1 defines discrimination against women in the following terms:[5]

Any distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.

Article 2 mandates that states parties ratifying the convention declare intent
to enshrine gender equality into their domestic legislation, repeal all
discriminatory provisions in their laws, and enact new provisions to guard
against discrimination against women.
Article 3 requires states parties to guarantee basic human rights
and fundamental freedoms to women "on a basis of equality with men"
through the "political, social, economic, and cultural fields."

Article 4 notes that "adoption...of special measures aimed at accelerating de

facto equality between men and women shall not be considered
discrimination." It adds that special protection for maternity is not regarded as
gender discrimination.

Article 5 requires states parties to take measures to seek to eliminate

prejudices and customs based on the idea of the inferiority or the superiority
of one sex or on stereotyped role for men and women.

Article 6 obliges states parties to "take all appropriate measures, including

legislation, to suppress all forms of trafficking in women and exploitation of
prostitution of women."

Article 7 guarantees women equality in political and public life with a focus on
equality in voting, participation in government, and participation in "non-
governmental organizations and associations concerned with the public and
political life of the country."

Article 8 provides that states parties will guarantee women's equal

"opportunity to represent their Government at the international level and to
participate in the work of international organizations."

Article 9 mandates state parties to "grant women equal rights with men to
acquire, change or retain their nationality" and equal rights "with respect to
the nationality of their children."
Article 10 mandates equal opportunity in education for female students and
encourages coeducation. It also provides equal access to athletics, scholarships
and grants as well as requires "reduction in female students' drop out rates."

Article 11 outlines the right to work for women as "an unalienable right of all
human beings." It requires equal pay for equal work, the right to social
security, paid leave and maternity leave "with pay.

Article 12 creates the obligation of states parties to "take all appropriate

measures to eliminate discrimination against women in the field of healthcare
in order to ensure...access to health care services, including those related
to family planning

Committee on the Elimination of Discrimination Against Women

The Committee on the Elimination of Discrimination Against Women, usually

abbreviated as "CEDAW Committee", is the United Nations (UN) treaty body
that oversees the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW). The formation of this committee was outlined in
Article 17 of the CEDAW, which also established the rules, purpose, and
operating procedures of the committee. Throughout its years of operation the
committee has held multiple sessions to ensure the rules outlined in the
CEDAW are being followed. Over time the practices of the committee have
evolved due to an increased focus on women's rights issues.
History of the committee

The Committee on the Elimination of Discrimination Against Women was

formed on 3 September 1981 after the CEDAW received the
20 ratifications required for it to enter into force. Article 17 of the CEDAW
established the committee in order to ensure that the provisions of the CEDAW
were followed by the countries that had signed and agreed to be bound by
it. The first regular session of the committee was held from 18 to 22 October
1982. In this session the first officers of the committee were elected by simple
majority, with Ms. L. Ider of Mongolia becoming chairperson. Other officers
elected were three vice-chairpersons: M. Caron of Canada, Z. Ilic
of Yugoslavia and L. Mukayiranga of Rwanda. The final officer elected was D. P.
Bernard of Guyana as rapporteur of the committee. During this session, the
committee also unanimously approved to adopt its rules of procedure.
Sessions

The rules regarding where and when the committee can hold sessions are laid
out in their rules of procedure.

The committee is allowed to hold as many meetings as are required to perform

their duties effectively, with the states party to the CEDAW and the Secretary-
General of the United Nations authorizing the number of regular sessions
held. In addition, special sessions can be held at the request of either a state
party to the convention or the majority of the members serving on the
committee. Seventy-two sessions have been held to date, with the most recent
taking place from 18 February to 9 March 2019. The first thirty-nine sessions
were held at the United Nations headquarters building in New York City, with
the fortieth and subsequent sessions held at the Palais des Nations in
Geneva. At its regular sessions, the Committee hears reports from states party
to the CEDAW on their progress in adhering to CEDAW and implementing its
ideas in their countries. The committee also holds pre-sessional work groups
to discuss the issues and questions that the committee should deal with during
the following session.
Reports
UN Headquarters

Under article 18 of the CEDAW states must report to the committee on the
progress they have made in implementing the CEDAW within their state. As
most of the information the committee works with comes from these reports,
guidelines have been developed to help states prepare accurate and useful
reports.
General Recommendations

Along with issuing its annual report and offering advice to reporting states, the
committee has the ability to issue general recommendations that elaborate on
its views of the obligations imposed by CEDAW. To date, the committee has
issued thirty-two general recommendations, the latest dealing with the gender
related dimensions of refugee status, asylum, nationality and statelessness of
women.
 Features of Dowry Prohibition Act
Introduction

The dowry system has been prevailing in the Hindu community since olden
days. When a bride was brought into the family, it was considered to be a great
event and it was looked upon as bringing fortune into the family not by way of
dowry but on account of the grace the young lady carried with and around her.
It slowly became a social evil and has been the bane of Indian society which
continues to persist in spite of the women's liberation movement. Even though
for eradication of this social evil, effective steps can be taken by the society itself
and the social sanctions can be more deterrent. Yet legal sanctions in the form of
its prohibition and punishment are some steps in that direction. Thus, the
Dowry Prohibition Act, 1961 was enacted to achieve this objective.

Section 2. Definition of "Dowry"

In this Act "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 parents 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 (or any time after the
marriage ) (in connection with the marriage of the said parties, but does not
include) dower or mehr in the case of persons to whom the Muslim Personal
Law (Shariat) applies.

What does not include "dowry"- Neither the reimbursement of marriage

expenses nor the amount of marriage can be included within the definition of
dowry as contained in Section 2 of the Dowry Prohibition Act, 1961.

Section 3. Penalty for giving or taking dowry

If any person, after the commencement of this Act, gives to takes or abets the
giving or taking of dowry, he shall be punishable "with imprisonment for a term
which shall not be less than [five years, and with fine which shall not be less
than fifteen thousand rupees or the amount of the value of such dowry,
whichever is more]:

Section 4. Penalty for demanding dowry

If any person demands, directly or indirectly, from the parents or other relatives
or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be
punishable with imprisonment for a term which shall not be less than six
months, but which may extend to two years and with fine which may extend to
ten thousand rupees

Section 5. Agreement for giving or taking dowry to be void

Any agreement for the giving or taking of dowry shall be void.

Section 6.

Section 6. of the Act states that where any dowry is received on account of
whose marriage it is given that person shall transfer the dowry to the woman,
i.e., bride or hold such dowry as trust for the benefit of the woman or bride. In
other words the dowry or presents received by the bride on her marriage shall
be treated as exclusive property vesting in her with right to use including the
right to transfer.

Section 7.

Section 7. of the Act states that offences committed under the Act are cognizable
offences and no court inferior to that of Metropolitan Magistrate or Judicial
Magistrate of First class shall try offences either on its own knowledge or on a
police report or on a complaint sued by an aggrieved person.

Section 8.

Section 8. of the Act declares that offences committed under the Act are
cognizable, non-bailable and non-compoundable This provision connotes
legislation in section that they intended to provide stringent measures
regarding punishment with view to prevent evil system.

Section 9 and 10

Section 9 and 10. of the Dowry Prohibition Act empowers the Central
Government and State Government, respectively, to make rules for carrying out
the purpose of the Dowry Prohibition Act.

Sexual Harassment of Women at Work Place (Prevention, Prohibition

and Redressal) Act, 2013
The sexual harassment of women in the workplace is a form of gender-based
violence. Besides violating their self-esteem, dignity, and self-respect, it also
violates their constitutional and human rights. The issue of sexual harassment
in the workplace cannot be viewed as a recent phenomenon, but it has
certainly been brought to light by fast-changing workplace equations. In India,
the legislation regarding this is the Sexual Harassment of Women at Work
Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). As a
result of the Act, women are protected at work from sexual harassment.
Furthermore, it provides for preventing and redressing complaints of sexual
harassment.

Object of the POSH Act

1. There is a need for special laws when a person, a group, or a section of

society commits acts that are detrimental to another person, group, or
section of society, and the present social system is inadequate in stopping
such acts. Such situations require laws, Thus, it became imperative to
enforce the present Act as women joined the workforce in increasing
numbers and faced new challenges in the workplace.

2. Specifically, the Statement of Objects and Reasons of this Act states that
sexual harassment violates women’s fundamental rights to equality, life,
and liberty, as provided under Articles 14 and 15 of the Constitution of
 India, as well as their right to life and dignity under Article 21 of the
Constitution. So to protect women’s fundamental rights, this law was
required

3. The Statement of Objects and Reasons of the Act incorporates Article 11

of CEDAW as a part of its Objects and Reasons, which requires States
Parties to take all appropriate measures to eliminate discrimination
against women in the workplace.

Features of the Act

Let us discuss some features of the Posh Act 2013-

 The Act defines sexual harassment at the workplace and creates a

mechanism for redressal of complaints. It also provides safeguards
against false or malicious charges.
 The Act also covers concepts of ‘quid pro quo harassment’ and ‘hostile
work environment’ as forms of sexual harassment if it occurs in
connection with any act or behavior of sexual harassment.
 The definition of “aggrieved woman”, who will get protection under the
Act is extremely wide to cover all women, irrespective of her age or
employment status, whether in the organized or unorganized sectors,
public or private, and covers clients, customers, and domestic workers as
well.
 While the “workplace” in the Vishaka Guidelines is confined to the
traditional office set-up where there is a clear employer-employee
relationship, the Act goes much further to include organizations,
departments, offices, branch units, etc.
 The Committee is required to complete the inquiry within a time period
of 90 days. On completion of the inquiry, the report will be sent to the
employer or the District Officer, as the case may be, they are mandated to
take action on the report within 60 days.
 Every employer is required to constitute an Internal Complaints
Committee at each office or branch with 10 or more employees.
 The Complaints Committees are required to provide for conciliation
before initiating an inquiry if requested by the complainant.
  The inquiry process under the Act should be confidential and the Act lays
down a penalty of Rs 5000 on the person who has breached
confidentiality.
 The Act requires employers to conduct education and sensitization
programs and develop policies against sexual harassment, among other
obligations.
 Penalties have been prescribed for employers. Non-compliance with the
provisions of the Act shall be punishable with a fine of up to 50,000.
Repeated violations may lead to higher penalties and cancellation of
license or registration to conduct business.
 The government can order an officer to inspect the workplace and
records related to sexual harassment in any organization.
.

Key changes made after the Criminal Law (Amendment) Act, 2013
In order to review the laws related to sexual offences and to give
recommendations for improving the current regime, the government
instituted the Committee headed by Justice J.S. Verma. The Committee
laid the foundation of the Criminal Law (Amendment) Act, 2013, which
received the assent of the President on 2nd April, 2013. This Act
amends four laws, namely, the Indian Penal Code 1860, the Code of
Criminal Procedure 1973, the Evidence Act 1860, and the Protection of
Children from Sexual Offences Act, 2012.

1. Indian Penal Code, 1860

The various provisions added or amended in the Indian Penal Code after the
Criminal Amendment 2013 are-

 Acid attack

 These provisions were added to the Code as a consequence of the case

of Laxmi v. Union of India (2015), in which a sixteen-year-old girl was
 attacked with acid. After this incident, the need for stringent provisions to
counter the said offence was realised.

 Under Section 100, a ground was added in the general exception of the
“right to private defence”, that is, an act of throwing acid or an attempt to
throw acid. It means a person can now use the right to private defence in
the case of an acid attack.
 New provisions, namely, Section 326A and Section 326B, were inserted.
Section 326A makes the offence of “acid attack” punishable by a minimum
of 10 years imprisonment extending to life imprisonment and a fine,
whereas 326B makes the attempt to throw acid an offence punishable by
a minimum of 5 years extending to 7 years imprisonment and a fine.
 Sexual Harassment (Section 354A)
This Section includes acts like making physical contact, demanding sexual
favours, and showing pornography to a woman by a man. For these
offences, a man can be punished with rigorous imprisonment, which may
extend to 3 years.

 Assault or criminal force with intent to disrobe women (Section 354B)

This Section makes an act of assaulting or threatening a woman using
criminal force to disrobe her or forcing her to be naked punishable by a
minimum imprisonment of 3 years, which may extend to 7 years, and a
fine.

 Voyeurism (Section 354C)

The word “voyeurism” literally means “an act of gaining pleasure from
watching others naked or engaged in sexual activity.” This Section makes
any such acts committed by a man, punishable by a minimum of 1-year
imprisonment, which may extend to 3 years, and a fine. It can also include
the act of watching or taking photos of a woman when they are engaged
in private activity. If a man is convicted of the same offence more than
once, he shall be punishable with a minimum of 3 years of imprisonment,
which may extend to 7 years.

 Stalking (Section 354D)

 This Section includes the act of following or attempting to make contact
with a woman who has already shown disinterest in a man or monitoring
her use of the internet, email or other electronic communication means.
This conduct by any man will be punishable by imprisonment which may
extend to 3 years, and for repeated offenders, the punishment will be
imprisonment which may extend to 5 years and a fine.

 Rape
This Criminal Law (Amendment) Act, 2013 widens the ambit of the
offence of “rape” so as to provide harsher punishments for the more
grievous acts. It also enlarged the provision to cover certain non-
penetrative acts like oral sex and inserting any object or any other part of
the body into a woman’s body as an offence under the definition of “rape”
under Section 375.

2. Code of Criminal Procedure, 1973

The Criminal Law Amendment Act 2013 has made changes to the Code of
Criminal Procedure, 1973 so as to provide a congenial atmosphere for women
while conducting investigations, trials, and examinations and to adapt new
provisions inserted in the Indian Penal Code in the First Schedule of the Code
of Criminal Procedure. Some key changes made in the Code are as follows-

Relief measures for the victims of sexual offences

 Section 154, Section 161, and Section 164: Section 154 and Section 161
were amended to include the provision which requires the recording of
the statements of the victim to be done by only a female police officer.
 Section 273: It was amended to include the provision which requires the
court to take appropriate measures so that women under the age of 16
years and victims of rape or sexual offences should not be confronted by
the accused while assuring the right of cross-examination to the accused.
 Section 357C: It added the provision which requires hospitals, whether
public or private, to provide treatment, free of cost, to the victims of
 sexual offences and to inform about the case to the police authorities
immediately.

3. Indian Evidence Act, 1872

The important provisions which were added or substituted in the Act after the
Amendment are as follows-

Exclusion of previous sexual experiences in evidence

Section 53A was added in the Act which declares that during prosecution for
sexual offences, the character of the person or the previous sexual experiences
of the victim is irrelevant as the evidence for the consent or quality of the
consent of the victim.

Presumption of the absence of consent

Section 114A was added in the Act, which states that it was sufficient for the
victim of the sexual offences to state before the court in her evidence that she
had not consented to the sexual intercourse so as to presume the absence of
consent in the case.

Nature of the questions asked in cross-examination

Section 146 of the Act was amended to include the provision which states that
no questions can be asked from the victims of sexual offences during cross-
examination which are immoral in nature or which are related to previous
sexual experiences of the victim so as to prove the consent or test the quality of
the consent by the victim.

Provision for the dumb witnesses

Under Section 119, the witnesses who are unable to communicate verbally can
give their statements in other ways, by writing, by signs, etc., which shall be
deemed as oral evidence, and such witnesses should provide the assistance of
an interpreter or special educator, and such statements shall be videotaped.
 Property rights of women under Hindu Law
The Hindu Succession Act, 1956 and Hindu Women’s Right to Property Act,
1937 govern Hindu women’s property rights in India. The Hindu Women’s
Right to Property Act, 1937 predominantly dealt with the property rights of
Hindu widows. It allowed a Hindu widow to receive an equal share in her
intestate husband’s property as her sons. However, it failed to address the
issues pertaining to the property rights of women as a whole; also, it did not
give coparcenary rights to Hindu women.

 Coparcenary interest

However, the 2005 Amendment amended Section 6 of the Hindu

Succession Act of 1956 (hereinafter referred to as the 1956 Act) and
eradicated the age-old discriminatory practice of keeping women out of
the coparcenary system. Section 6(1) of the 1956 Act provides that in any
HUF governed by Mitakshara law, the daughter of a coparcener shall by
birth become a coparcener in her own right, just as a son of a coparcener.

So, now, a daughter of a coparcener is also a coparcener in a HUF

 Full ownership

Under Section 14 of the 1956 Act, every Hindu woman has full ownership
right over any moveable or immovable property she possesses through
acquisition. She may have acquired it before or after her marriage in any
of the following ways:

 Inheritance
 Partition
 In lieu of maintenance or its arrears
 Gift from any relative or non-relative
  Own skill or exertion
 Purchase or prescription
 Stridhana, etc.

 Stridhan

The Smritikars perceived the concept of “Stridhan” as those properties

which a female received by way of gifts from her relatives which majorly
comprises movable property. Stridhan is said to also include those gifts
that are provided by her wedding guests at the time of both the bridal
procession and during the marriage ceremony. The Privy Council had
observed in the case of Bhagwandeen Doobey v. Maya Baee (1869) that
the properties that a Hindu female inherits from males will not be falling
within the ambit of Stridhan. Instead, those properties will be categorized
under “women’s estate”.

 Women’s estate
The following are the two categories which are considered as woman’s estate:

1. Property obtained by inheritance – A property inherited by a female

from another female falls under the ambit of Stridhan under the Bombay
School. As a result, whatever is deliberately given to a female will be her
Stridhan, according to this notion.
2. Share obtained on partition – On partition, a female is entitled to obtain
her fair share in the property but she undertakes it only as a limited
owner as her rights are subject to two limitations:

 She cannot alienate the corpus (things or shares obtained in partition) in

an ordinary manner, and
 After her death, her property will be entrusted to the next heir of the last
full owner.
 What is Uniform Civil Code?
Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of
Directive Principles of State Policy. It states that it is the duty of the state to
secure for the citizens a Uniform Civil Code throughout the territory of India. In
other words, we can say that it means one country one rule. Let us find out
more about Uniform Civil Code
Uniform Civil Code is defined in our Constitution under Article 44 which
states that it is the duty of the state to secure for the citizens a Uniform Civil
Code throughout the territory of India. Now question arises what is Uniform
Civil Code? It is the common set of governing rules for all citizens of India
which refers to replace the personal laws (based on religious scriptures and
customs). These laws are famous from public law and cover marriage, divorce,
inheritance, adoption and maintenance. In fact Goa is the only state which
has a common family law and 1954 Special Marriage Act allows any citizen to
marry outside the realm of any special religious personal law.

John Vallamattom v. Union of India Case

The Priest from Kerala, John Vallamatton filed a writ petition in the
year 1997 stating that Section 118 of the Indian Succession Act was
discriminatory against the Christians as it imposes unreasonable restrictions
on their donation of property for religious or charitable purpose by will. The
bench comprising of Chief Justice of India V.V Khare, Justice S.B Sinha and
Justice A.R. Lakshamanan struck down the Section declaring it to be
unconstitutional. Further Khare stated that;

“Article 44 provides that the State shall endeavour to secure for all citizens a
Uniform Civil Code throughout the territory of India. It is a matter of great
regrets that Article 44 of the Constitution has not been given effect to. Parliament
is still to step in for framing a common civil code in the country. A Common Civil
Code will help the cause of national integration by removing the contradictions
based on ideologies”.

Reservation for women in offices and elections

Though there is no particular reservation existing for men in politics, they are
the ones dominating politics. To empower women to participate in all fields of
work, including politics, the Constitution, through its Articles, has made it
compulsory for the seats in the public offices and Panchayat to be reserved for
women.

Article 243D(3) states that among all the seats which are to be filled by direct
election, at least 1/3rd of seats should be reserved for women. These
reservations should be allotted in rotation to different constituencies so that
women in every constituency get the chance to participate in elections. The
seats reserved for women belonging to Scheduled Castes and Scheduled Tribes
are also included in this 1/3rd of the seat.

Article 243D(4) makes it mandatory to reserve a minimum of 1/3rd of the

offices of Chairperson in a Panchayat for women. This reservation should go in
rotation to different constituencies, giving opportunities for women in all the
constituencies.

Among the total number of seats in every Municipality which are to be filled by
direct election, one-third of the seats should be reserved for women –
according to Article 243T(3). These seats allotted to women should go in
rotation in different constituencies in a Municipality so that women in all the
constituencies get an equal opportunity to participate in elections.

Benefits provided to Women in different Labour Statutes:

While there are multiple statutes aimed only at women, such as the Sexual
harassment at Workplace Act, Maternity Benefits Act, etc., a number of other
statutes that are aimed at the general working populace have special
provisions for the welfare of women workers, namely:
  Crèche Facility for Women Employees:

As per the provisions under Section 48 of the Factories Act, 1948 “Any
factory employing 30 or more women workers are required to provide
creche facilities for the use of children under the age of 6 years for the
women employees.”

 Safety/Health Measures

Provides that no woman shall be allowed to

The clean, lubricate or adjust any part of a prime
Section
1. Factories mover or of any transmission machinery
22 (2)
Act, 1948 while the prime mover or transmission
machinery is in motion

The Prohibits employment of women in any part

Section
2. Factories of a factory for pressing cotton in which a
27
Act, 1948 cotton-opener is at work.

No woman employee shall lift, carry, or move

The
Section by hand or on the head of any material, article,
3. Factories
34 tools, or appliance exceeding the maximum
Act, 1948
limit in weight of 30 kilograms

Section The
There shall be at least one women (worker)
4. 46 (2) Factories
on the Canteen Managing Committee.
(d) Act, 1948
  Prohibition of work in Hazardous Occupations

Section 22(2) of the Factories Act, 1948 prohibits women to work with
machinery in motion or in any case whatsoever.

Also Section 87 of the Factories Act, 1948 empowers the State

Government to prohibit employment of women in dangerous operations.

 Prohibition of Night Work

States that no woman shall be

Section
required or allowed to work in
1. 66 (1) The Factories Act, 1948
any factory except between the
(b)
hours of 6 a.m. and 7 p.m.

Stipulates that no woman shall

The Beedi and Cigar
Section be required or allowed to work
2. Workers (Conditions of
25 in any industrial premise except
Employment) Act, 1966
between 6 a.m. and 7 p.m.

 Latrine and Urinal Facilities Separate conservancy facilities are

provided to women workers in Factories Act, 1948.

The Factories Act, 1948 makes it obligatory for every factory to maintain
an adequate number of latrines and urinals of the prescribed type
separately for men and women workers.

Such facilities are to be conveniently situated and accessible to workers

at all times while they are in the factory.
 According to Section 42 (1)(b) of the Factories Act,1948 separate and
adequately screened washing facilities shall be provided for the use of
male and female workers. Such facilities shall be conveniently accessible
 and shall be kept clean. However, the State Government is empowered to
prescribe standards of adequate and suitable facilities for washing.

 The Equal Remuneration Act, 1976 (“Equal Remuneration Act”)

Under the Equal Remuneration Act:

 Employers shall pay equal pay to man and a woman who perform the
same or even similar work.
 Employers could not legally discriminate between men and women in
the recruitment process unless there is a legal limit to the employment
of females in certain sectors.

Causes and effects of Muslim Women (Protection of Rights on

Marriage) Act, 2019

1. Demand for banning Triple Talaq

Banning of evil practice of Triple Talaq was a demand from Muslim
women for a very long time. Due to religious influence and family
pressure, most of the women who had faced such practice, could not raise
their demand.
Shayara Bano a woman from Uttarakhand, who suffered mental and
physical torture by her husband and his family for not fulfilling their
demand for dowry, was granted instant Triple Talaq by her husband
through a letter, ending their 14-year marriage. Her husband also denied
her the custody of her two children. Shayara Bano challenged this
practice before the Supreme Court on the ground that the said practice is
discriminatory and against dignity of women. Supreme Court found that
the said practice of divorce to be manifestly arbitrary, in the sense that,
the marital tie can be broken capriciously and whimsically by a Muslim
husband without any attempt to reconcile to save the marriage.
Supreme Court judgment vindicated the position taken by the
Government that talaqe-biddat is against constitutional morality, dignity
of women and the principles of gender equality, as also against gender
equity guaranteed under the Constitution.
2. Demand for Reform:
Even after the Supreme Court’s order declaring this practice as
unconstitutional, practice of Triple Talaq continued.
Because there was no law to punish those who continued to practice it
and to provide legal remedies to the victims of such practice, a need has
arisen to make a law for effective implementation of the Supreme Court
judgment. Due to this reason the Muslim Women (Protection of Rights on
Marriage) Act, 2019 came into existence
EFFECT OF MUSLIM WOMEN ( PROTECTION OF RIGHTS ON
MARRIAGE ) ACT 2019
The law came into effect on August 1, 2019 and banned instant divorce in
muslim, known as triple talaq. After the implementation of the act there
was a difference in the divorce cases in India. The law to criminalise triple
talaq has reduced such instances by 80 per cent in the country,
PUNISHMENT FOR PRONOUNCING TALAQ
Any Muslim husband who pronounces talaq referred to in section 3 upon
his wife shall be punished with imprisonment for a term which may
extend to three years, and shall also be liable to fine.