Law Relating To Women

LAW OF WOMEN – 6th Semester
Sl IMPORTANT QUESTIONS REPEATED

NO
SYLLABUS
1 DISCUSS BRIEFLY THE STATUS OF WOMEN IN ANCIENT INDIA 3
2 PROVISIONS IN THE INDIAN CONSTITUTION FOR THE PROTECTION OF GENDER JUSTICE 8
3 UNIFORM CIVIL CODE (ARTICLE 44) 4
4 EQUAL RIGHTS FOR WOMEN AT WORK PLACE (VERY IMPORTANT IS EQUAL PAY FOR 5
EQUAL WORK - 3 TIMES REPEATED)
5 CHILD MARRIAGES 2
6 SECTION 125 OF CrPC - MAINTENANCE 3
7 RESTITUTION OF CONJUGAL RIGHTS 3
8 BIGAMY - SECTION 494 OF IPC 2
9 ADULTERY - SECTION 497 OF IPC 4
10 DEFINE DOWRY. IS DOWRY SYSTEM A CUSTOMARY PRACTICE OR SOCIAL EVIL? 4
EXPLAIN IT WITH RELEVANT LEGAL PROVISIONS
11 MTP ACT (Medical Termination of Pregnancy Act, 1971) 4
12 EXPLAIN THE LAW RELATING TO PRE-NATAL DIAGNOSTIC TEST IN INDIA 3
13 LAW RELATING TO DOMESTIC VIOLENCE 5
14 MATERNITY BENEFIT 4
15 The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) IS 5
MAGNA CARTA OF WOMEN'S RIGHTS
16 CRITICALLY ANALYSE THE PROVISIONS RELATING TO EQUAL PROPERTY RIGHTS OF A 3
HINDU WOMAN
17 NATIONAL COMMISSION FOR WOMEN 3
IMPORTANT CASES
1 16 YEARS OLD GIRL MARRIES A BOY AGED 21 YEARS 2
2 HINDU FEMALE DIED INTESTATE 3
3 RESTITUTION OF CONJUGAL RIGHTS, WIFE ALLEGED THAT SHE LEFT BECAUSE OF 2
CRUELTY
Harinath Janumpally – 9440629864. 1

4 A DIVORCED HINDU WOMAN CLAIMS CUSTODY OF HER MINOR CHILDREN 2

5 A HINDU MALE AFTER MARRIAGE CONVERTED TO ISLAM AND MARRIES A MUSLIM 2
WOMAN-Sarla Mudgal Vs. UOI & Ors.
6 SEXUAL HARASSMENT OF WOMEN AT WORKPLACE 2
7 A MARRIED WOMAN DIED UNDER SUSPICIOUS CONDITIONS 2
8 ABORTION AFTER SCANNING 3
9 A WOMAN WORKER WAS TERMINATED WHEN SHE APPLIED FOR MATERNITY LEAVE 1
10 RETIREMENT ON PREGNANCY 4
PAPER-III: OPTIONAL - LAW RELATING TO WOMEN – SYLLABUS

Unit-I: Historical background and status of women in ancient India — Constitutional Provisions and gender
justice — Provisions relating to women in fundamental Rights, Directive Principles of State Policy and
Fundamental Duties etc. under the Indian Constitution.
Unit-II: Laws relating to marriage, divorce, succession and maintenance under the relevant personal laws
with special emphasis on women — Special Marriage Act — Maintenance of women under Cr. P.C, 1973
and other laws – NRI Marriages – Live- in- relationships – Uniform Civil Code and gender justice
Unit-III: Special provisions relating to women under the Indian Evidence Act, 1872 — Offences against
women under Indian Penal Code - outraging the modesty of women - sexual harassment – rape – bigamy -
mock and fraudulent marriages – adultery - causing miscarriage - insulting women – Impact of the Criminal
Law amendment , 2013.
Unit-IV: Socio-Legal position of women and the law — Dowry Prohibition Act, 1961, Medical Termination
of Pregnancy Act — Law relating to misuse of Pre Natal Diagnostic Techniques and Sex selection — Law
relating to Immoral Trafficking - Law relating to Domestic Violence – Law relating to Sexual Harassment at
workplace.
Unit-V: Position of women under The Maternity Benefit Act, Factories Act and other Labour & Industrial
Laws — Position of Women under International instruments — Salient features of Convention for
Elimination of all forms of Discrimination Against Women (CEDAW); International Covenant on Civil and
Political Rights — International Covenant on Social, Cultural and Economic Rights.
Suggested Readings:
1. S.P. Sathe: Towards Gender Justice.
2. Vijay Sharma: Protection to woman in Matrimonial home
3. Sarojini Saxena: Femijuris (Law relating to Women in India)
4. Archana Parsher: Women and Social Reform
5. Paras Diwan: Dowry and protection to married women
6. Mary Wollstonecraft: A Vindication of the rights of women.
7. G.B.Reddy: Women and Law, Gogia Law Agency, Hyderabad.
ANSWERS TO IMPORTANT QUESTIONS
1. DISCUSS BRIEFLY THE STATUS OF WOMEN IN ANCIENT INDIA.

Answer: For answering this question we have to discuss the position of women during the Vedic, post
Vedic and the epic period in order to get a full picture of the status of women in ancient India.

Women in the Vedic and the post Vedic Periods:

The Indian cultural tradition begins with the Vedas. It is generally believed that the Vedic period is spread
over from 1500 BC to 500 B.C. Some general observations and broad generalization can only be made
regarding the status of women during this vast period.
1. Freedom Enjoyed by Women: The degree of freedom given to women to take part in public
activities indicates the nature of the status enjoyed by women during Vedic period. Women never
observed “purdah”. They enjoyed freedom. They enjoyed freedom in selecting their male partner.
They could educate themselves Widows were permitted to remarry. Divorce was however not
permissible to them. Even men did not have the right to divorce their wives. Women were given
complete freedom in family matters and were treated as “Ardhanginis”.
2. Equal Educational opportunities for women: Daughters were never ill-treated although male
children were preferred to female children. They also received education like boys and went
through the “Brahmaachary” discipline including the “Upanayana” ritual. Women studied the
Vedic literature like men and some of them like Lopamudra, Ghosa and Sikata-Nivavari figure
among the authors of the vedic hymns. Many girls in well-to-do families used to be given a fair
amount of education down to about B.C 300.
3. Position of Women in Matters Relating to Marriage and Family Affairs: Marriage in the Vedic
period was considered a social and religious duty and united the couple on an equal footing.
Women had the right to remain spinsters throughout their life. Marriage was not forcibly imposed
on them Child marriages were unknown. Girls were given in marriage only after puberty that too
after completing their education women had the right to select their life-partners.
Often there were also love marriages called “Gandharva vivaha”. Monogamy was the form of
marriage during the Vedic days. Re-marriage of widows was allowed. These are a number of
references to custom of “Niyoga” where a brother or the nearest relative of a deceased husband
could marry the widow with the permission of the elders.
4. Economic Production and occupational Freedom: Vedic women had economic freedom. Some
women were engaged in teaching work. Home was the place of production. Spinning and weaving
of clothes were done at home. Women also helped their husbands in agricultural activities.
5. Property Rights and Inheritance: Women rights were very much limited in inheriting property. A
married daughter had no share in her father’s property but each spinster was entitled to one-
fourth share of patrimony received by her brothers. Women had control over gifts and property
etc. received by a woman at the time of marriage but the bulk of the family property was under
the control and management of the patriarch.
As a wife, a woman had no direct share in her husband’s property. However, a forsaken wife
was entitled to 1/3rd of her husband’s wealth. A widow was expected to lead an ascetic life and
had no share in her husband’s property. Thus it could be generalized that the social situation was
not in favour of women possessing property and yet protection was given to them as daughters
and wives.
6. Role in the Religious Field: In the religious field, wife enjoyed full rights and regularly participated
in religious ceremonies with her husband. Religious ceremonies and sacrifices were performed
jointly by the husband and the wife. Women even participated actively in religious discourses.
There was no bar for women to read or study any of our sacred literature.
7. Role of Women in Public Life: Women could shine as debaters in public assemblies. They usually
occupied a prominent place in social gatherings. Women’s participation in public meetings and
debates, however, became less and less common in later Vedic period.
It may thus be concluded that in Vedic India, women did not enjoy an inferior status rather they
occupied an honourable place. They had ample rights in the social and the religious fields and limited
rights in the economic and the political fields. They were not treated as inferior or subordinate but equal
to men.

Status of women during the Epic period:

The women of Epic India enjoyed an honourable position at home. Both Ramayana and Mahabharata
Epics had given a respectable place for women; women had been called the root of Dharma, prosperity
and enjoyment in both the epics. We find vast references of the expression of courage, strong willpower
and valour of women like Kaikeye, Sita, Rukmani, Satyabhama, Savitri, Draupadi and others.
The Ramayana is a glorious illustration for the Hindu ideal womanhood, it glorifies the value of
“Pativratya” and idealises womanhood as one of the most venerable aspects of our heritage. The
Mahabharata also outlines the duties and the attitude of the wife to the husband.
Women during the Period of Dharmashatras and Purans:

During the period of Dharmashastras and puranas the status of women gradually declined and underwent
a major change. The girls were deprived of formal education Daughters were regarded as second class
citizens. Freedom of women was curtailed. Sons were given more weightage than daughters. Girls were
prevented from learning the Vedas and becoming Brahma charinis.
Manu, the law giver of Indian society gave the statement that “women have to be under father during
childhood, under her husband during youth and under her son during old age”. At no stage shall she
deserve freedom. However he balanced this with the statement that a society in which the woman was
not honoured would be condemned to damnation.
Due to the various restrictions imposed on the freedom of women some problems started creeping in.
In the social fields, pre-puberty marriage came to be practiced, widow remarriage was prohibited,
husband was given the status of God for a woman, education was totally denied to woman, custom of
‘Sati’ became increasingly prevalent, purdah system came into vogue and practice of polygyny came to be
tolerated.
In the economic field a woman was totally denied a share in her husband’s property by maintaining
that a wife and a slave cannot own property. In the religious field, she was forbidden to offer sacrifices
and prayers, practise penance and undertake pilgrimages.
2. PROVISIONS IN THE INDIAN CONSTITUTION FOR THE PROTECTION OF GENDER JUSTICE.

Answer:
➢ The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles.
➢ 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 framework of a democratic polity, our laws, development policies, Plans and
programmes have aimed at women’s advancement in different spheres.
➢ India has also ratified various international conventions and human rights instruments committing
to secure equal rights of women. Key among them is the ratification of the Convention on
Elimination of All Forms of Discrimination against Women (CEDAW) in 1993.
CONSTITUTIONAL PROVISIONS
The Constitution of India not only grants equality to women but also empowers the State to adopt
measures of positive discrimination in favour of women for neutralizing the cumulative socio economic,
education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality
before the law and equal protection of law; prohibits discrimination against any citizen on grounds of
religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters
relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of
specific importance in this regard.
Constitutional Privileges
1. Equality before law for women (Article 14)

2. The State not to discriminate against any citizen on grounds of religion, race, caste, sex, place of
birth or any of them (Article 15 (i))
3. The State to make any special provision in favour of women and children (Article 15 (3))
4. Equality of opportunity for all citizens in matters relating to employment or appointment to any
office under the State (Article 16)
5. The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Sec 39(a)); and equal pay for equal work for both men and women
(Article 39(d))
6. To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable
legislation or scheme or in any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities (Article 39 A)
7. The State to make provision for securing just and humane conditions of work and for maternity
relief (Article 42)
8. Uniform Civil Code (UCC) for citizens (Article 44).
9. The State to promote with special care the educational and economic interests of the weaker
sections of the people and to protect them from social injustice and all forms of exploitation
(Article 46)
10. The State to raise the level of nutrition and the standard of living of its people (Article 47)
11. To promote harmony and the spirit of common brotherhood amongst all the people of India and
to renounce practices derogatory to the dignity of women (Article 51(A)(e))
12. Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat to be reserved for women and such seats to be allotted by rotation to
different constituencies in a Panchayat (Article 243D(3))
13. Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each
level to be reserved for women (Article 243D(4))
14. Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality to be reserved for women and such seats to be allotted by rotation
to different constituencies in a Municipality (Article 243T(3))
15. Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled
Tribes and women in such manner as the legislature of a State may by law provide (Article 243T
(4))
SPECIAL INITIATIVES FOR WOMEN

A. National Commission for Women: In January 1992, the Government set-up this statutory body
with a specific mandate to study and monitor all matters relating to the constitutional and legal
safeguards provided for women, review the existing legislation to suggest amendments wherever
necessary, etc.
B. Reservation for Women in Local Self -Government: The 73rd Constitutional Amendment Acts
passed in 1992 by Parliament ensure one-third of the total seats for women in all elected offices in
local bodies whether in rural areas or urban areas.
C. The National Plan of Action for the Girl Child (1991-2000): The plan of Action is to ensure survival,
protection and development of the girl child with the ultimate objective of building up a better
future for the girl child.
D. National Policy for the Empowerment of Women, 2001: The Department of Women & Child
Development in the Ministry of Human Resource Development has prepared a “National Policy for
the Empowerment of Women” in the year 2001. The goal of this policy is to bring about the
advancement, development and empowerment of women.

3. UNIFORM CIVIL CODE

Answer:
➢ Article 44 of the Indian Constitution states that “the State shall endeavour to secure for the
citizens a uniform civil code (UCC) throughout the territory of India.”
➢ The desirability of a uniform civil code is consistent with human rights and the principles of
equality, fairness and justice.
➢ After the revocation of Article 370, the central family law Acts were extended to Jammu and
Kashmir. Although, this is another step towards implementing UCC throughout India, still a long
distance is to be covered in this pursuit.
What is UCC?
▪ The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be
applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption
and maintenance.
▪ The code comes under Article 44 of the Constitution, which lays down that the state shall
endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
Background of Uniform Civil Code

▪ The origin of the UCC dates back to colonial India when the British government submitted its
report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes,
evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be
kept outside such codification.
▪ In Shah Bano case (1985), the Supreme Court had lamented: “It is a matter of regret that Article
44 has remained a dead letter... Common civil code will help the cause of national integration by
removing desperate loyalties to laws, which have conflicting ideologies. No community is likely to
bell the cat by making gratuitous concessions on this issue. It is for the State, which is charged with
the duty of securing a uniform civil code and it has legislative competence to do so.”
▪ Again, in Sarla Mudgal Case (1995), which dealt with issue of bigamy and conflict between the
personal laws existing on matters of marriage, the court highlighted the need for a UCC yet again.
The court underlined that until UCC was enacted for all the citizens of the country, there will be
always a loophole because different faiths had different beliefs, and naturally due to different
beliefs and practices of communities, there will be a conflict. It also requested the Prime Minister
of India to have a fresh look at Article 44 and endeavours to secure for the citizens a UCC
throughout the territory of India and wanted the court to be informed about the steps taken.
▪ By arguing that practices such as triple talaq and polygamy impact adversely on the right of
women to a life of dignity, the Centre has raised the question whether constitutional protection
given to religious practices should extend even to those that are not in compliance with
fundamental rights.
UCC and Implications

• National Integration: A unified code is imperative, both for the protection of the vulnerable
sections in Indian society (women and religious minorities) and for the promotion of national unity
and solidarity.
• Protection to Vulnerable Sections of the Society: The UCC aims to provide protection to vulnerable
Sections as envisaged by Dr. Ambedkar including women and religious minorities, while also
promoting nationalistic fervour through unity.
• Simplification of Laws: The code will simplify the complex laws around marriage ceremonies,
inheritance, succession, adoptions making them one for all. The same civil law will then be
applicable to all citizens irrespective of their faith.
o When enacted the code will work to simplify laws that are segregated at present on the
basis of religious beliefs like the Hindu code bill, Sharia law, and others.

o Presence of so many laws creates confusion, complexity and inconsistencies in the

adjudication of personal matters, at times leading to delayed justice or no justice.
o UCC will eliminate this overlapping of laws.
• Simplification of Indian legal system: UCC will lead to reduction in litigations emanating from
multiple personal laws.
• Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble; a secular
republic needs a common law for all citizens rather than differentiated rules based on religious
practices.
o UCC will de-link law from religion which is a very desirable objective to achieve in a secular
and socialist pattern of society.
o Moreover, it fulfills constitutional mandates under Article 44 of Directive Principles of
State Policy.
• Gender Justice: India has separate sets of personal laws for each religion governing marriages,
divorce, succession, adoption and maintenance.
o However, the rights of women are usually limited under religious law, be it Hindu or
Muslim. The practice of triple talaq is a classic example.
o If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with
gender biases in Muslim law, Hindu law and Christian law that have been often
challenged by women on the ground that they violate the right to equality.
• In the long term, UCC would lead to the defeat of the communal and the divisionist forces.
Challenges to UCC
• Exceptions in Central Family Laws:
▪ The preliminary sections in all central family law Acts enacted by Parliament since
Independence declare that they will apply to “the whole of India except the state of Jammu
and Kashmir” but now this is removed by revocation of Article 370.
▪ A Second exception was added in 1968 in all these Acts, pronouncing that “nothing herein
contained shall apply to the Renoncants in the Union Territory of Pondicherry.”
▪ A third exception, none of these Acts applies in Goa, Daman and Diu.
▪ A fourth exception, relating to the north-eastern states of Nagaland and Mizoram,
emanates from Articles 371A and 371G of the Constitution, decreeing that no
parliamentary legislation will replace the customary law and religion-based system for its
administration.
• Communal Politics: The demand for a Uniform Civil Code has been framed in the context of
communal politics. A large section of society sees it as majoritarianism under the garb of social
reform.
• Constitutional Hurdle: Article 25 of Indian constitution which seeks to preserve the freedom to
practise and propagate any religion gets into conflict with the concepts of equality enshrined
under Article 14 of Indian Constitution.
Way Forward
▪ Collaborative Approach: The government and society will have to work hard to build trust, but
more importantly, make common cause with social reformers rather than religious conservatives.
▪ Brick by Brick Approach: Rather than an omnibus approach, the government could bring separate
aspects such as marriage, divorce, adoption, succession and maintenance into a Uniform Civil Code
in stages.
▪ Gender-Sensitive Approach: The government would also do well to complement the overdue
move towards a Uniform Civil Code with a comprehensive review of several other laws in the
context of gender justice.

▪ Pan-India Approach: Bringing Jammu and Kashmir into the country’s mainstream of family laws is
an exercise that is completed and also to be implemented for Goa, Daman and Diu, Puducherry,
Nagaland and Mizoram.
4. EQUAL RIGHTS FOR WOMEN AT WORK PLACE (IMPORTANT IS EQUAL PAY FOR EQUAL WORK - 3
TIMES REPEATED).
Answer: In every generation, women have faced some unique, prejudicial challenge. In modern times, as
more and more educated young women enter into white-collar jobs, their chances of facing predatory
behaviour from men—at different occupational levels—have increased.
But, now, the options to prevent and punish the perpetrators of harassment are stronger than ever
before.
1. Law against sexual harassment:
Have you faced sexual harassment at work? Has a male colleague persisted even after you disapproved his
sexual behaviour or advances? In 2013, the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act was enacted to help those who face sexual harassment at work. Because
of this Act, every company must now have a well-documented mechanism to address complaints about
sexual advances and demands for sexual favours at work.
This Act entitles every woman a safe work environment and offers guidelines on initiating action
against any sexual misconduct. The Act also has provisions for organising workshops and awareness
programmes on sexual harassment.
Vishaka and Others vs. State of Rajasthan
After several cases of sexual harassment at the workplace, Vishaka and others filed a writ petition. The
guidelines are a framework for workplace protocol, with an emphasis on the prevention of sexual
harassment. Through the determined work of women’s groups, the Vishaka Judgment guidelines have
become influential in the workplace.
The Supreme Court expressed that sexual harassment abuses a working woman’s constitutional rights.
Through the Vishaka Judgment, progressions of rules were made, including:
• It is the responsibility of companies to prevent sexual harassment.
• Organizations must create a sexual harassment oversight committee headed by a woman.
• Organizations must initiate disciplinary action against offenders, and victims must be protected.
• Women workers must be made aware of their rights”.
2. Law for maternity benefits:

Are you an aspiring mom who won’t give up on your career? You must know your rights enshrined in the
Maternity Benefit Act, 1961.
The benefits include:

A. 26 weeks of paid maternity leave

B. One month of paid leave for any illness due to pregnancy or miscarriage
C. Medical bonus of Rs 2,500 to Rs 3,500 if the employer provides pre-natal and post-natal care
D. Maternity benefit when the employee shows proof of delivery, to be paid 48 hours in advance
E. When the employee dies leaving no legal heir, a nominated beneficiary gets the maternity benefit.
3. Law for factory workers
Do you work in a factory that has poor working conditions? Then your employer can be penalised. Proper
working conditions include ensuring health, safety, welfare, proper working hours, leave, and other
benefits. Women workers must get 24 hours’ notice if there is a change in their shift timings. If a factory
hires more than 30 women workers, it has to have a crèche for children aged six years and below.
The Factories Act was revised in 1976 making it necessary for the business to give crèches to kids,
where the number of women labourers is at least 30. The extent of the Maternity Benefits Act was
extended in 1976 to cover those ladies who were not qualified for advantage under the ESI Act of 1958.
4. Law for equal pay:

Are you paid less than your male colleagues despite shouldering similar responsibilities? The Equal
Remuneration Act under Article 39 of the Indian Constitution lets you claim equal pay. Employers must
pay male and female employees equally for the same position. Also, employers cannot discriminate
against women during the hiring process.
The Equal Remuneration Act, 1976 obliges businesses to pay equal compensation to labourers for
same work or similar work with no discrimination on the premise of gender. The Act requires each
business not to pay to any labourer the compensation at rates less than those at which fee is paid by him
to the labourers of the opposite sex for playing out a similar work or same work. Law additionally commits
managers not to decrease the rate of compensation of any labourer with the motive of conforming to the
arrangement of equivalent pay for same work or similar work.
This law aims to prevent gender discrimination of wages, hiring, promotion, or training and can be
circumvented through wage reclassification of skilled and unskilled workers. Often, regardless of the type
or skill-level of a job, women are placed in the unskilled, lower-paid wage category, while men are placed
in the skilled, higher-wage category. The Act Includes Equal pays to men and women workers for same or
similar work. No discrimination in recruitment and service conditions, except where employment of
women is restricted by the law such as night hours or industry specific restrictions.
5. Law protecting women working night shifts:
If you work night shifts, your employer must ensure a safe working environment. The Shops and
Establishment Act protects women employees who work night shifts. Your employers must apply for
approvals if you need to work beyond prescribed limits. The approvals include conditions such as
providing sufficient security and conveyance during night shifts.
5. CHILD MARRIAGES.
Answer: Introduction
➢ Child marriage is considered as one of the burning and hot issues of Indian society.
➢ It refers to a social phenomenon practised in some societies in India, where a young girl (below
the age of fifteen) is married to an adult man or a minor.
➢ One another form of practice of child marriage is that in which the parents of the would-be bride
and groom arrange a future marriage.
➢ In this kind of marriage both, the girl and the boy do not meet each other until they reach the
marriageable age.
➢ Child marriage constitutes a gross violation of human rights, leaving physical, psychological and
emotional scars for life.
➢ Usually sexual activities starts soon after marriage, and pregnancy and childbirth at an early age
can lead to maternal as well as infant mortality.

➢ Moreover, girls and women who marry at a younger age are more likely to experience domestic
violence within their matrimonial home.
Origin of Child Marriage in India

It is believed that the origin of child marriages is from the time of Muslim Invasions that began more than
1,000 years ago. Invaders used to rape unmarried Hindu girls or kidnap them forever which lead the Hindu
community to marry off their daughters at an early age or even from their birth to protect them.
During the ruling time of Delhi Sultanate, political atmosphere was turbulent and ruled by Muslim
Sultans in an absolute monarchy government. During this period the Sultans produced the practices of
child marriage and considered the status of women very lower.
An unmarried learned daughter should be married to a bridegroom who like her is learned.
Never think of giving in marriage a daughter of very young age. (Rig Veda III 55:16)
Reasons responsible for Child Marriages

The discrimination against women begins from womb and ends with tomb. The discrimination reflects in
their education, family, socio political spheres, employment and work place. The child marriage system is
also a reflection of these discriminations against women. There are many factors which are responsible for
child marriages:
1. Poverty of Family: Even today in rural areas many females and female children are denied their
equality to common resources when a family is poor. Female members, mainly female children are
victimized by poverty of the family. A poor family usually jeopardizes female children.
2. Social Insecurity: Social security is one of the major social factors why child marriages happen.
Many people have this perception that a married woman is much safer from societal offences than
an unmarried woman. Unmarried women are viewed with malafide intentions that lead to crimes
against them. So to be secure from these offences, assaults, teasing against unmarried girls, their
parents are in a hurry to marry their daughters soon after she attains puberty or even before that.
3. Avoiding share in Ancestral Property: Generally in rural areas parents use to think that all their
ancestral property belongs to their sons and if they marry off their daughters at an early age then
they will be out of the share. If marriage of the girl child is done at an early age then they would
not demand her share.
4. Avoiding expenditure on Female Education: Usually families discriminate between boys and girls.
In investment on education, male children of the house are considered as the future assets and
economic base of the house that will work and earn money whereas female children are
considered as a burden as they do not need to work and have to look after the household chores
before and after marriage. Due to these reasons female children are given less or no priority.
5. Love marriages or eloping with others also leading to child marriages, the parents are preferring
child marriages to avoid all these things.
Effects of Child Marriage

1. Early Pregnancy-Health complications: Child marriages usually lead to an early pregnancy which
results in many health complications. Without having the proper knowledge about the sexual
activities and bodily changes which occur during puberty she cannot cope with changes in her
during pregnancy.
2. Fall in High Fertility Age Group: When a girl is married at an early age, she normally tends to have
more children and unwanted pregnancy. Lack of access to modern medical facilities to avoid or
postpone pregnancy, women are forced to have pregnancy and carry the child.

3. Inabilities to Plan or Manage Families: Young girls exercise less influence and control over their
children and have less ability to make decisions about their nutrition, health care and household
management.
4. Effect on sexual health of young girls: Young girls use to face considerable physical pain associated
with sexual intercourse as a result of the physiological immaturity of their sexual organs.
Complications due to pregnancy at a young age frequently include perforation of the bladder or
bowel, due to prolonged labour and HIV AIDS etc.
5. Desire for Male Child: Due to desire for a male child, young girls and women are forced to
conceive as many times as she can till she gives birth to a male child.
6. High difference in age between bride and bridegroom: Generally there is a lot of age difference
between the bride and the bride groom. In most of the child marriages it is the bride who is a child
and not the bride groom. When the bride is child she naturally does not have any freedom to
express her opinions on any of family life and she has to blindly obey the orders of her husband.
Laws against the Child Marriage in India

The Child Marriage Restraint Act of 1929: The Child Marriage Restraint Act, which is also known as Sarda
Act, was a law enacted to restrain the practices of Child Marriage. Its main goal was to eliminate the evils
placed on young girls who could not handle the stress of married life and to avoid early deaths. This act
defined a male child as 21 years or younger and a female child as 18 years or younger which was 18 years
and 14 years earlier respectively, and a minor as a child of either sex as 18 years or younger which was 14
years originally. The punishments prescribed for a male to member between the age gaps of 18 to 21 was
imprisonment of 15 days or fine of Rs. 1, 000 or both. The punishment prescribed for a parent or guardian
of a child taking place in the child marriage was imprisonment of up to three months or a possible fine.
The Prohibition of Child Marriage Act of 2006: Under this act, the marriageable age for a male is
prescribed as 21 years and that of a female is 18 years. A decree of nullity can be obtained by a girl who
has entered into a child marriage within 2 years of attaining the age of 18 years.
Child Marriage is prohibited in India as per the Prohibition of Child Marriage Act, 2006.
What does this law do?
This law:
• Provides for maintenance for the girl in a child marriage;
• Allows anyone who was a child at the time of getting married to legally undo it;
• Treats children born out of child marriages to be legitimate, and makes provisions for their
custody and maintenance, and;
• Consider certain kinds of child marriages where there was a force or trafficking as marriages which
never happened legally.
What is a crime under this law?
It is a crime:
• To attend or take part in a child marriage (as a parent or guardian);
• To allow, encourage or fail to stop a child marriage (as a parent or guardian);
• To perform or help with a child marriage in any way;
• For an adult male to marry a child wife.
Where can we go to stop or undo child marriage?
• We can directly go to a District Court and make an application- the judge can pass an order
directing the people involved to not to take part in the child marriage.
• We can go to a Child Marriage Prohibition Officer for help with annulling a child marriage.
Hindu Marriage Act, 1956 Section 13:

Under Hindu Marriage Act, there are no certain provisions for punishing the parents or people who
solemnized the marriage. A girl can get the marriage annulled only if she wants to get married before
attaining the age of fifteen years and she challenges the marriage before turning eighteen.

Muslim Personal Law

Muslim law’s provisions are based on the interpretation of Quran by scholars. Under the Muslim Laws,
there is no bar to child marriage. The couple after marriage has an “option of puberty” known as Khayar-
ul-bulugh in which they can repudiate the marriage after attaining the age of puberty. However they can
only do this if they are under eighteen years of age and the marriage has not been consummated. The age
of marriage under Muslim law is the age of puberty which is 15 years.
6. SECTION 125 OF CrPC – MAINTENANCE.

Answer: The word ‘Maintenance’ is not defined in the Code of Criminal Procedure, 1973. Chapter IX of the
Code of Criminal Procedure deals with provisions for maintenance of wives, children and parents.
‘Maintenance’ in general meaning is keeping something in good condition. ‘Maintenance’ in legal meaning
is money (alimony) that someone must pay regularly to a former/present wife or partner,
legitimate/illegitimate children, and parents. It is the duty of every person to maintain his wife, children
and aged parents, who are not able to live on their own.
Scope and objective of Proceedings

Scope and objectives of proceedings for maintenance of wives, children and parents are the following:
➢ The proceedings are not punishable in nature. The main objective of Chapter IX of Cr.PC is not to
punish a person who is not maintaining those whom he is bound to maintain.
➢ The main objective is to prevent homelessness by way of procedure to provide a speedy remedy
to those who are in pain.
➢ It does not make any distinction between persons belonging to different religions or castes.
➢ It has no relation to the personal laws of parties.
Order for maintenance of wives, children and parents

Section 125 of Cr.PC deals with “Order of maintenance of wives, children and parents”. In this Section, it is
given the name of parties who are entitled to get maintenance, essential ingredients to claim and get
maintenance and order of the first-class magistrate.
In the case of Mohd. Ahmed Khan v Shah Bano Begum, the Supreme Court delivered a judgment
favouring maintenance given to an aggrieved divorced Muslim woman.
Who can claim and get maintenance?
Section 125 of Cr.PC deals with “Order for maintenance of wives, children and parents”. According to
Section 125(1), the following persons can claim and get maintenance:
• Wife from his husband,
• Legitimate or illegitimate minor child from his father,
• Legitimate or illegitimate major child (physical or mental abnormality) from his father,
• Father or mother from his son or daughter.
• This law, though secular, is gender specific in one aspect. Maintenance under this law can only be
claimed by the wife, and not by the husband.
Wife
In the case of Chanmuniya v Virendra Singh, Supreme Court has defined ‘Wife’ and it includes even those
cases where a man and woman have been living together as husband and wife for a reasonably long
period of time. Strict proof of marriage should not be a precondition of maintenance under Section 125 of
the Cr.PC.
In Mohd. Ahmad Khan vs. Shah Bano Begum & Ors. or the Shah Bano maintenance case is seen as one of
the legal milestones in battle for protection of rights of Muslim women. While the Supreme Court upheld
the right to alimony in the case, the judgment set off a political battle as well as a controversy about the
extent to which courts can interfere in Muslim personal law. The case laid the ground for Muslim women’s
fight for equal rights in matters of marriage and divorce in regular courts, the most recent example being
the Shayara Bano case in which the Supreme Court invalidated the practice of instant triple talaq.

In the case of Sirajmohmedkhan Janmohamadkhan v Hafizunnisa Yasinkhan, the Supreme Court held that
maintenance can be allowed to the wife when her husband is impotent.
A wife can claim and get maintenance from her husband in the following conditions:
• She is divorced by her husband, or
• Obtained divorce from her husband, and
• She has not remarried, and
• She is not able to maintain herself.
Note: Muslim wife can also claim maintenance under Cr.PC though they have a separate Act (Muslim
Women Protection of rights on Marriage Act) for them.
A wife cannot claim and get maintenance from her husband in the following conditions:
• Wife living in adultery, or
• Refuses to live with husband without any valid reasons, or
• Living separately by mutual consent.
Legitimate or illegitimate minor child
Son
‘Minor’ means a person who, under the provisions of Section 3 of the Indian Majority Act, 1875 is deemed
not to have attained his majority i.e., above the age of 18 years.
Minor Son (Legitimate or Illegitimate) is entitled to get maintenance under Section 125 of Cr.PC.
Daughter
If Minor Daughter (Legitimate or Illegitimate) is unmarried, then she is entitled to get maintenance from
her father and if she is married, then she is also entitled to get maintenance from his father but the
magistrate has to be satisfied that her husband has not essential and sufficient means for the
maintenance of his minor wife. In the case of Shahbuddin v State of UP, a minor daughter attaining
majority during the pendency of the application for maintenance was held entitled to maintenance up to
the date of majority.
Legitimate or illegitimate abnormal child who has attained majority
If any major child (Legitimate or Illegitimate) is abnormal (mentally or physically unfit), then the father of
that child has to maintain him and he can claim maintenance on this ground of abnormality.
Father or mother
• Natural father and mother can claim maintenance.
• Mother includes adoptive mother, she can claim maintenance from adoptive son.
• Father can claim maintenance, it is a statutory obligation, this claim cannot be defeated by
pleading that the father failed to fulfil his parental obligation.
• A childless stepmother can claim maintenance.
Essential conditions for granting maintenance

There are some essential conditions which should be fulfilled for claiming and granting maintenance:
1. Sufficient means to maintain the person: If any person has sufficient means for maintenance, then it
is his duty to maintain his wives, children and parents. If sufficient means are not available, then it will
be a perfect and valid defence for people who are legally bound for maintenance of wife, children and
parents.
2. Neglect or refusal to maintain: Any person neglects or refuses to maintain his wives, children and
parents in malafide intention or in any type of egoistic behaviour on the demand for maintenance by
them.
3. The person who claims maintenance must be unable to maintain himself/herself: It is a very
important condition for granting maintenance that a person who is claiming maintenance must be
unable to maintain himself/herself. For example- If a wife is earning well, then she cannot claim
maintenance under this Section. In the case of Abdulmunaf v Salima, it was held that the wife who is
hale and healthy and is sufficiently educated to earn for herself but refuses to earn from own and
claim maintenance from her husband will be entitled to claim maintenance but that her refusal to
earn under the circumstances would disentitle her to get complete amount of maintenance.

4. Quantum of maintenance: Quantum of maintenance means the amount of maintenance. Quantum of

maintenance depends on the standard of living. For example- If any issues rose in a rich family, then
demand for maintenance will be more as compared to poor family according to their standard of living
in a prior life. In simple words, the Court should also make sure that whether maintenance granted is
justified according to the status of a family or not?
7. RESTITUTION OF CONJUGAL RIGHTS.

Marriage under all matrimonial laws is union imposing upon each of the spouses certain marital duties
and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live
together. Each spouse is entitled to comfort consortium of the other. So after the solemnisation of the
marriage if either of the spouses without reasonable excuse withdraws himself or herself from the society
of the other then aggrieved party has a legal right to file a petition in the matrimonial court for restitution
of conjugal rights. The court after hearing the petition of the aggrieved spouse, on being satisfied that
there is no legal ground why the application shall be refused and on being satisfied of the truth of the
statements made in the petition may pass a decree of restitution of conjugal rights.
A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the
aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted
spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit
with the other spouse. But the execution of the decree of restitution of conjugal rights is very difficult. The
court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its
specific performance by any law. The non-compliance of the issued decree results to constructive
destruction on the part of the erring spouse. At present as per the provisions available under the Indian
personal laws, the aggrieved party move a petition for a decree of divorce after one year from the date of
the passing of the decree and the competent court can pass a decree of divorce in favour of the aggrieved
party. The decree of restitution of conjugal rights can be enforced by the attachment of property, and if
the party complained against still does not comply, the Court may also punish him or her for contempt of
court. But under no circumstances the court can force the erring spouse to consummate marriage. Decree
of restitution of conjugal rights could be passed in case of valid marriages only.
In modern India, the remedy is available to Hindus under Section 9 of the Hindu Marriage Act, 1955, to
Muslims under general law, to Christians under Section 32 and 33 of the Indian Divorce Act, 1869, to Parsis
under Section 36 of the Parsi Marriage and Divorce Act, 1936 and to persons married according to the
provisions of the Special Marriage Act, Section 22 of the Special Marriage Act, 1954.
The provisions for restitution of conjugal rights are identical in Section 22 the Special Marriage Act,
1954 and Section 9 of the Hindu Marriage Act, 1955. It is as follows:
• When either the husband or the wife has, without reasonable excuse, withdrawn 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.
• Explanation: Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the person who has
withdrawn from the society.”
• The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of
restitution of conjugal rights is a positive remedy that requires both parties to the marriage to live
together and cohabit.
The conceptualization of the provision for restitution of conjugal rights under Muslim law by Tayabji is as
follows:
• “Where either the husband or wife has, without lawful ground withdrawn from the society of the
other, or neglected to perform the obligations imposed by law or by the contract of marriage, the

court may decree restitution of conjugal rights, may put either party on terms securing to the other
the enjoyment of his or her rights”
• Thus the Muslims equate this concept with securing to the other spouse the enjoyment of his or her
legal rights. Earlier, it was also attached with the specific performance of the contract of marriage. In
Abdul Kadir v. Salima, the Allahbad High Court decided that the concept of restitution must be
decided on the principles of Muslim Law and not on the basis on justice, equity and good conscience.
To sum up, under all personal law, the requirements of the provision of restitution of conjugal rights are
the following:
• The withdrawal by the respondent from the society of the petitioner.
• The withdrawal is without any reasonable cause or excuse or lawful ground.
• There should be no other legal ground for refusal of the relief.
• The court should be satisfied about the truth of the statement made in the petition.
In Sushila Bai v. Prem Narayan, the husband deserted his wife and thereafter was totally unresponsive
towards her. This behaviour was held sufficient to show that he had withdrawn from the society of his
wife, and therefore the wife’s petition for restitution of conjugal rights was allowed. The defence to this
principle lies in the concept of a ‘reasonable excuse’. If the respondent has withdrawn from the society of
his spouse for a valid reason, it is a complete defence to a restitution petition. The court will normally
order restitution of conjugal rights if:
1. The petitioner proves that the respondent spouse has without reasonable excuse withdrawn from
his/her society
2. The statements made by the aggrieved spouse in the application are true, and
3. There is no legal ground why the petitioner’s prayer should not be granted.
The court has held in various cases that the following situations will amount to a reasonable excuse to act
as a defence in this area:
1. A ground for relief in any matrimonial cause.
2. A matrimonial misconduct not amounting to a ground of a matrimonial cause, if sufficiently weighty
and grave
3. Such an act, omission or conduct which makes it impossible for the petitioner to live with the
respondent.
The biggest blow to the notion of RCR was dealt by the Andhra Pradesh High Court in 1983 in the case of T
Sareetha v T Venkata Subbaiah (1983), where the famous South Indian actress Saritha sought to defend
herself against a suit for RCR from her husband.
In a ruling reminiscent of Justice Pinhey’s judgment in Rukhmabai’s case in 1885, Justice Choudary
reiterated the foreign nature of suits for restitution of conjugal rights before declaring Sec 9 of the HMA in
violation of the Indian constitution. Specifically, Art 21 or the right to privacy wherein the court took into
account the fact that a wife forced to live with her husband may have to endure ‘humiliating sexual
molestation’ and/or be forced to give birth to children she may not wish to have. The court also found
that to treat a man and a woman who is inherently unequal in Indian society as equal in front of the law
was a violation of Art 14 or the right to equality.
However, the very next year the constitutionality of Sec 9 was upheld by the Delhi High Court in
Harvinder Kaur v. Harmander Singh Choudhry in 1984, where Justice Rohatgi criticised any attempt to hold
personal laws accountable to the constitution: ‘Introduction of constitutional law in the home is most
inappropriate. It is like introducing a bull in a china shop. It will prove to be a ruthless destroyer of the
marriage institution and all that it stands for. In the privacy of the home and the married life neither
Article 21 nor Article 14 has anyplace.’ This interpretation of Sec 9 was upheld by the Indian Supreme
Court a few months later in the case of Saroj Rani Vs Sudarshan Kumar Chadha (1984).

8. BIGAMY - SECTION 494 OF IPC.

o The previous definition of bigamy consisted of these stated words “having a husband or wife”, but
these words become vague once the first marriage ceases to be legal after separation.
o Thus the definition of bigamy under Section 494 and 495 of the IPC was suggested to be redrafted.
o According to Section 5 of the Hindu Marriage Act, 1955 the conditions necessary at the time of
marriage is that both the partners getting married should not be having a living spouse.
o But there is an exception provided by Section 494 of IPC, it states that either of the partners can
contract a second marriage after the long absence of her partner for a period of seven years.
o Section 17 in The Hindu Marriage Act, 1955: Punishment of bigamy. —Any marriage between
two Hindus solemnized after the commencement of this Act is void if at the date of such marriage
either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian
Penal Code, 1860, shall apply accordingly.
Bigamist meaning
When a person is already married and the marriage is still valid, then contracts another marriage with
another person is called bigamy and the person committing this is called bigamist.
Example: “A” was married to “B” who is his wife and due to some fights she left her in-laws place and
went to her parental home. Then after some days, her husband married another woman. In this case, “A”
is to be called as a bigamist.
Essentials of Section 494 of IPC

• The accused was already married to some person.
• The first marriage should be according to the law i.e., it should be legal
• Second marriage should have taken place
• The first marriage should be existing, that means marriage with such a person is still valid.
• The spouse must be alive
• This Section does not extend to any person whose marriage with such husband or wife has been
declared void by a Court of competent jurisdiction.
Who can file a complaint?

• Any person who has been deceived by their partner can file the complaint.
• In the case of a wife, her father, mother, brother, sister or any person related to her by blood, with
the leave of the court can file a complaint on her behalf.
• In the case of the husband, only he is permitted to file the complaint.
Conversion for the purpose of polygamy

• Taking references of different judgments it is quite evident that the conversion of religion for the
purpose of second marriage in existence of previous marriage won’t be an aid to the punishment
under Section 494 of IPC.
• In the case of Sarla Mudgal v. Union Of India it was observed that her husband changed his
religion to Islamic religion to get married to another woman. But it was seen that there was no
dissolution of the first marriage.
• But the Supreme Court, in this case, decided that the changing of religion for the purpose of
getting married to another person during the existence of the first marriage would amount to an
offence under Section 494 of IPC read with 17 of the Hindu Marriage Act, 1955.
• Case Analysis: Lily Thomas Vs. Union Of India & Ors: Justice S. Sagir Ahmad said if a party has
a living spouse and he tries to have a second marriage then such marriage would be null and void
under Section 11 of the Hindu Marriage Act, 1955. Such marriage will also be null and void under
Section 17 of the Hindu Marriage Act, 1955 which deals with the offense of Bigamy. The person
committing Bigamy under Section 17 shall be punished in accordance with the provisions of 494

and 495 of IPC, 1860. If a Hindu wife lodges a complaint against her husband who during the
existence of first marriage marries another woman after his conversion to another religion then
the offense of Bigamy shall be dealt with Hindu Marriage Act, 1955.
The Supreme Court said that violation of Article 21 is misconceived, article 21 of the Constitution
states that “no person shall be deprived of his right and personal liberty except as per the
procedure established by law” and herein such an act of marriage while the first marriage still
persists is codified in IPC Sec 494 and Article 21 of the constitution has not been violated.
R.P.Sethi Ji said if a Hindu man after converting to Islam contracts the second marriage without
dissolving the first marriage then the second marriage would be invalid under Section 494 & 495 of
IPC and the husband will be punished according to that.
9. ADULTERY (Sec 497 of IPC).

Answer:
➢ An institution like marriage heavily relies on commitment, loyalty and faithfulness of partners.
➢ Among all the religions and all the countries; marriage has been given a pious and a sacred
position.
➢ Therefore, if either of the spouses commits adultery, they are not only breaking the promises that
were made to each other but also ruining the sanctity of the marriage.
➢ The offence of adultery previously, held the man who committed the act of adultery guilty and
stated that the married woman was a helpless victim of adultery and she was free from “criminal
responsibility”.
➢ It also stated that the man committing the offence of adultery was unfaithful to the married man
and he is solely responsible for sexual liaison.
➢ However, after Joseph Shine, a non-resident Keralite, filed a Public Interest Litigation (PIL) under
Article 32 of the Constitution of India challenging the constitutionality of the offence of adultery,
the apex court struck down the offence of adultery as it violates the basic dignity of women and
treats women as the personal property of the husband.
➢ Though the act of adultery is no longer a criminal offence but it is still a valid ground for divorce in
both Hindu and Muslim personal laws.
Understanding the term adultery

➢ The word adultery is derived from the Latin word ‘Adulterium’ which is termed as the
extramarital sex and is considered objectionable on social, religious, moral, or legal grounds.
➢ Merriam-Webster dictionary defined adultery as “voluntary sexual intercourse between a
married person and someone other than that person’s current spouse or partner.”
➢ Under Section 497 of the Indian Penal Code, 1860 the act of committing adultery is criminalized,
it states that
1. Any person who has sexual intercourse with a married woman
2. Without the consent or connivance of her spouse,
3. Such sexual intercourse must not amount to rape,
4. Such act amounts to the offence of adultery.
➢ The punishment for committing adultery may extend up to imprisonment for five years, or with
fine, or both, but the apex court has struck down this Section.
10. DEFINE DOWRY. IS DOWRY SYSTEM A CUSTOMARY PRACTICE OR SOCIAL EVIL? EXPLAIN IT
WITH RELEVANT LEGAL PROVISIONS.
Answer:
➢ “Dowry” is a word that is very prevalent and common in Indian households.
➢ It is a practice that has become a parasite for the Indian society and which has eroded the
beautiful institution of marriage.

➢ It is not a new practice but has been followed from ages, and its impact is such in Indian society
that one can make efforts to reduce it, but it cannot be totally eradicated.
➢ Several laws have been enacted to prohibit the practice of dowry, but the legal clutches are
weaker than the ambit of the practice of dowry.
What is dowry?
According to Section 2 of the Dowry Prohibition Act, 1961, the term “dowry” means any property or
valuable security given or agreed to be given either directly or indirectly.
(a) By one party to a marriage to the other party to the marriage, or
(b) By the parent of either party to a marriage or by any other person, to either party to the marriage or to
any other person, at or before or any time after the marriage in connection with the marriage of the said
parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law
(Shariat) is applicable.
Who would be an offender under the law?
According to Section 3 of the Dowry Prohibition Act, 1961, it is an offence to both take dowry and give
dowry. So the family of bridegroom would be liable for taking dowry so would the family of bride be to
consent to give dowry.
Social evils of dowry

The practice of dowry has many ill effects on society and has eroded the beautiful institution of marriage
to a mere contract of giving and taking of money and valuable assets in exchange for marriage. A few
social evils which the practice of dowry bring along itself are-
1. Female foeticide– Even today, when there are so many for prohibiting female foeticide laws yet
the statistics of the same are much more to one’s expectations. One of the biggest reasons behind
this practice is the thought that if a female child is born then she would turn out to be a burden on
the exchequer of her parents as a lot would have to be spent in her marriage. Therefore, people
find it better to eradicate the root of the problem- “Female Child”.
2. Suicide by Young Girls– Many times when the parents are not able to marry off their daughters
because of dowry, this brings in harassment to the family which leads the young girls to commit
suicide to bring an end to the mental harassment to their families.
3. Not giving education to girls– Many families do not give good education to their daughters with a
thought of saving the money being used for education to be used for the purpose of dowry.
4. Often the girls are subjected to mental harassment because of them being of dark colour, fat or
any other lack in physical appearance because the parents or the relatives think that to marry
them off a lot of dowry would have to be given and their constant taunts and statements not only
mentally harass the girls but also bring in them an inferiority complex.
Legal framework in India for prohibiting dowry

Dowry Prohibition Act, 1961
Penalty for giving and taking dowry (Section 3) – if any person after the commencement of the Act gives or
takes, abets the giving or taking of dowry shall be punished with an imprisonment for a term not less than
five years and with fine which shall not be less than fifteen thousand rupees or the amount of the value of
dowry, whichever is more.
• Penalty for demanding dowry (Section 4) – According to Section 4, if any person directly or
indirectly demands dowry from the parents, relatives or guardians of the bride or the bridegroom
shall be punished with an imprisonment of not less than six months and which shall extend to two
years and with fine which may extend to ten thousand rupees.
• Ban on advertisement (Section 4-A) – According to Section 4-A, the advertisement in any
newspaper, journal or through any other medium or a share in the property, business, money, etc.
by any person in consideration for marriage shall be punished with an imprisonment which shall

not be less than six months and which may extend to five years or with fine which may extend to
fifteen thousand rupees.
Indian Penal Code, 1860
Dowry Death (Section 304B)-reads as follows-
1. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before
her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called “dowry
death” and such husband or relatives shall be deemed to have caused her death.
2. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.
In Vemuri Venkateshwara Rao v. State of Andhra Pradesh, the court has laid down the following guideline
for establishing an offence under Section 304(B) and they are-
1. That there is a demand of dowry and harassment by the accused,
2. That the deceased had died,
3. That the death is under unnatural circumstances. Since there was demand for dowry and
harassment and death within 7 years of marriage, the other things automatically follow and
offence under Section 304-B is proved.
Husband or relative of husband subjecting women to cruelty – Section 498-A reads as follows-
1. Husband or relative of husband of a woman subjecting her to cruelty- Whoever, being the
husband or the relatives of the husband of a woman, subject such woman to cruelty shall be
punished with imprisonment for a term which may extend to three years and shall also be liable to
fine.
Explanation – For the purpose of this section “cruelty” means –
1. Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or
2. Harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account
of failure by her or any person related to her to meet such demand
Indian Evidence Act, 1872
• Presumption as to dowry death – Section 113 B reads as follows-
When the question is whether a person has committed dowry death of a woman and it is shown that soon
before her death such woman had been subjected by such person to cruelty or harassment for, or in
connection with, any demand for dowry, the court shall presume that such person had caused the dowry
death.
11. MTP ACT (Medical Termination of Pregnancy Act, 1971).

Answer:
➢ During the last thirty years many countries have liberalized their abortion laws.
➢ The worldwide process of liberalization continued after 1980.
➢ Today only 8% of the world's population lives in countries where the law prevents abortion.
➢ Although the majority of countries have very restricted abortion laws, 41% of women live in
countries where abortion is available on request of women.
➢ In India, Shantilal Shah Committee (1964) recommended liberalization of abortion law in 1966 to
reduce maternal morbidity and mortality associated with illegal abortion.
➢ On these bases, in 1969 Medical termination of pregnancy bill was introduced in Rajya Sabha and
Lok Sabha and passed by Indian Parliament in Aug. 1971.
➢ Medical Termination of Pregnancy Act, 1971 (MTP Act) was implemented from Apr, 1972.
➢ Implemented rules and regulations were again revised in 1975 to eliminate time consuming
procedures for the approval of the place and to make services more readily available.

➢ The MTP Act, 1971 preamble states" an Act to provide for the termination of certain pregnancies
by registered medical practitioners and for matters connected therewith or incidental thereto".
➢ The preamble is very clear in stating that termination of pregnancy would be permitted in certain
cases.
➢ The cases in which the termination is permitted are elaborated in the Act itself.
➢ Moreover, only a registered medical practitioner who is defined in Section 2(d) of the Act as "a
medical practitioner who possess any recognized medical qualification as defined in Cl.(h) of
Section 2 of the Indian Medical Register and who has such experience or training in gynaecology
and Obstetrics as may be prescribed by rules made under this Act" is permitted to conduct the
termination of pregnancy.
Grounds for termination of pregnancy:
Section 3 of the MTP Act, 1971: When pregnancies may be terminated by registered medical practitioner.
(i) Notwithstanding anything contained in the Indian Penal Code a registered medical practitioner shall not
be guilty of any offence under that Code or under any other law for the time being in force, if any
pregnancy is terminated by him in accordance with the provisions of this Act".
This makes it clear that the provisions of the MTP Act, so far as abortion is concerned suppresses the
provisions of the Indian Penal Code. Sub-sec. (2) of Section 3: "Subject to the provisions of sub-sec (4), a
pregnancy, may be terminated by a registered medical practitioner.
(a) Where the length of the pregnancy does not exceed 12 weeks if such medical practitioner is, or
(b) Where the length of the pregnancy exceeds 12 weeks but does not exceed 20 weeks, if not less than 2
registered medical practitioners are of opinion, formed in good faith that:
1. The continuance of the pregnancy would involve a risk to the life of the pregnant women; or
2. A risk of grave injury to the her physical or mental health; or
3. If the pregnancy is caused by rape; or
4. There exist a substantial risk that, if the child were born it would suffer from some physical or
mental abnormalities so as to be seriously handicapped; or
5. Failure of any device or method used by the married couple for the purpose of limiting the number
of children; or
6. Risk to the health of the pregnant woman by the reason of her actual or reasonably foreseeable
environment.
On 16th March, 2021 Rajya Sabha passed a bill to raise the upper limit for permitting abortions from the
present 20 weeks to 24 weeks for “special categories of women “ including rape survivors, victims of
incest, minors and the differently-abled.
Consent for Abortion:

Section 3(4) of MTPA clarifies as to whose consent would be necessary for termination of pregnancy.
i. No pregnancy of a woman, who has not attained the age of 18 years, or who having attained the age
of 18 years, is a lunatic, shall be terminated except with the consent in writing of her guardian.
ii. No pregnancy shall be terminated except with the consent of the pregnant woman.
➢ It is important to note, in this section, that the consent of the woman is the essential factor for
termination of her pregnancy.
➢ The husband's consent is irrelevant. Therefore, if the woman wants an abortion but her
husband's objects to it, the abortion can still be done.
➢ However, if the woman does not wants an abortion but her husband wants, it cannot be done.
➢ However, the consent of the guardians is needed in the case of minors or lunatics.
12. EXPLAIN THE LAW RELATING TO PRE-NATAL DIAGNOSTIC TEST IN INDIA.

➢ One of the greatest dangers to our contemporary human progress is the threat of skewed sex
proportion.

➢ The expanding irregularity amongst males and females is prompting numerous violations, for
example, illicit trafficking of ladies, rapes, polygamy and dehumanization of society.
➢ These crimes have been on an increase making this world dangerous for women.
➢ Female foeticide is a standout amongst the most violent crimes on this planet; maybe what is
wretched is that the general population which carries out this heinous crime is amongst the
affluent ones.
Why does female foeticide take place?

These heinous killings of the girl child are advocated mainly on two grounds. One of them is the
preference culture. Many scholars believe that female foeticide takes place because of the preference of a
male child. They are preferred because they provide manual labour, are the bread earners of the family
and succeed the family lineage. The selective abortion of a female child is most common in the areas
where cultural norm values a male child over a female child. In a family, son is always considered as an
“asset” and daughter, a “liability.”
The second reason is the financial burden. In India, it is considered that having a daughter is a great
financial burden. A huge amount of money has to be spent on a daughter’s marriage. Sometimes people
have to mortgage their property or even have to sell it for a daughter’s marriage. They sometimes have to
take loans that are paid even by the future generations. Due to this reason, a daughter is considered as a
financial burden which not many want to bear.
Causes Attributing To Female Foeticide: Primary causes

The primary causes of female foeticide in India are patriarchal, safety issues and lack of education
1. Patriarchy: Patriarchy refers to a social system in which men hold primary power in all spheres of life,
such as political leadership, moral authority, control of property, family affairs, etc. Most of the societies
in India are patriarchal and most of the patriarchal societies are patrilineal, meaning that the male lineage
inherits the property and title. Centuries of patriarchy in India has led to oppression of females and
eventually to female foeticide since the early 1990s.
• Gender Discrimination- Centuries of patriarchy has resulted in gender discrimination in all spheres
of life. A girl has not been considered as strong, as smart, and as intelligent as a boy since times
immemorial. Girls had not been allowed to do work such as join the army and police, do heavy-
duty jobs, catholic priests, driving buses & trucks and professional pilots, business management,
etc.
• A Girl cannot continue the family lineage- According to the patriarchal structure of the society,
girls tend to leave their parental home after marriage and move to their matrimonial home.
Therefore, it is believed that girls cannot continue the lineage of the family to which they are born.
Not only shall the family lineage come to an end, but also, the parents shall be left on their own
during their old age.
• The desire of a boy/ son- A boy/son is considered to be a prized possession and a status symbol in
the Indian society. It is a prevalent ideology that he will increase the size of the family, be the
bread-earner for the entire family and will take care of his parents till their last breath. The desire
to procure a son is one of the main causes of female foeticide. Unnecessary and consistent
tampering of the religious ideologies has led to the misconception that birth of a boy is a path to
heaven. Facing the brunt of such faulty ideas, girls are considered inauspicious and worthless and
are therefore killed in the womb.
• Dowry system- The ill-practice of dowry has very deep roots in the India society. A daughter has
been looked at as a liability because of the dowry system. The day a girl is born in a family, parents
start to worry about the dowry they will have to pay during her marriage and start gathering
things and money for her marriage, from the very beginning. Excessive demands for dowry by the
in-laws and the subsequent failure on the part of girl’s parents to fulfil such demands lead to the

girl being subjected to continuous harassment and torture. To free themselves of such burden and
distress, families resort to killing the girls inside the womb.
• Alien money (Paraaya Dhan) - Girls are considered as ‘paraaya dhan’ by many parents. They
believe that money spent on the upbringing of a girl is total misspending as she will go to her
matrimonial home after her marriage. She is considered to be the property of her future in-laws,
who will consume various resources of her parental house, but will provide no returns to them. To
prevent the wastage of resources of the family, female foeticide is considered a viable act.
2. Safety issue: Increase in the number of crimes against women with the invasion of India by various
intruders, became a cause of concern for families having a girl child. Females have borne the brunt of the
declining standards of humanity, respect and demeanour. Eve teasing has become a frequent activity
throughout India. Many boys tease girls when they find them alone or even in public places. They pass bad
comments regarding their dresses, characters, physical appearances, etc. Heinous crimes such as sexual
harassment and rape of women have become common in India. Protection of females is a major concern
of the society. The fear of such crimes being committed with one’s own daughter proves detrimental for
some families and therefore, they find, killing the female foetus in the womb of the mother itself, a better
option.
3. Lack of education: Even till date more than 25% of the Indian population continues to be illiterate. Lack
of education among Indians has proven to be detrimental for the development on the social and
psychological front.
Secondary causes
Secondary causes of female foeticide in India are as follows:-
• Misuse of Ultrasound technology– The Ultrasound technology was introduced in India in the early
1990s. Ultrasound scanning machines can be used to fetch a lot of useful information about the
early foetus growth during the pregnancy. Unfortunately, many IVF specialists started to misuse
this technology to check the sex of the foetus and then abort the unwanted female foetus.
• Corruption in the Medical Field- Corruption is also a factor responsible for female foeticide. The
medical profession which was once an honest and respected field of work became corrupt with
the passage of time. In an attempt to satisfy their greed, doctors started taking a lot of money to
check the gender of the foetus using the ultrasound scan technology and then for abortion of the
unwanted female foetus.
Laws that makes female foeticide illegal
Due to all these causes and implications of female foeticide, many laws have been passed from time-to-
time to control this menace.
India passed its first abortion-related law in 1971, the so-called Medical Termination of Pregnancy Act,
which made abortion legit in almost all states of the country, but it was particularly made for the cases of
medical risk to the mother and child conceived by rape. The law had also established physicians who could
legally perform the abortion in the said scenarios. But the government had not considered the possibility
of female foeticide based on technological advances. Due to this reason, this law proved to be highly
ineffective.
During the 1980’s, sex screening technologies in India was easily accessible to the common people. Due
to this reason, a large number of reports started pouring in about the abuse of the sex screening
technologies. Considering this problem, the Government passed the Pre-natal Diagnostic Techniques Act
(PNDT) in 1994. This law was again amended due to various reasons, and it finally became Pre-Conception
and Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) (PCPNDT) Act in 2004. Its main
goal was prevention and punishment of prenatal sex screening and female foeticide.
Section 312 in the Indian Penal Code

Causing miscarriage.—whoever voluntarily causes a woman with child to miscarry, shall, if such
miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both

Implementation of the Law

Many important changes were made in the PCPNDT Act, 2004. It brought ultrasound and amniocentesis
under its ambit. It also led to the empowerment of the Central Supervisory Board and the formation of
State Level Supervisory Board. The rules, regulations, and punishments are made more stringent.
Despite all these changes, it has been said that the implementation of this act has turned into a farce. It
has been nearly two decades since the law came into force and despite this, not many changes have taken
place in the society.
Dealing with Violations
Any medical practitioner as specified under the law – medical geneticist, gynaecologist, sonologist,
radiologist, registered medical practitioners , Genetic Counselling Centre, a Genetic Clinic or Laboratory or
is employed in any such place and renders his or her professional services is liable for punishment for
violation of provisions of the Act.
Any person who seeks the aid of any of the above establishments and professionals for conducting a
pre-natal diagnostic technique on any pregnant women for the purpose of sex selection would be
punished. Women who of their own volition undergo such a test for the purpose of sex selection are also
liable for punishment. Women who are compelled to undergo such a test for the purpose of sex selection
would not be punished but the persons compelling her would be liable for punishment as prescribed
under the Act. Any person who advertises techniques capable of sex-selection before or after conception
through any sex determination mode is also liable for punishment.
Punishment
A medical practitioner may get an imprisonment for a term that may extend to three years and with a fine
that may extend up to Rs. 10,000 and on any subsequent conviction, he/she may get an imprisonment
that may extend to five years and with a fine that may extend to Rs. 50,000. The name of the medical
practitioner would be reported to the State Medical Council by the Appropriate Authority for taking
necessary action ,including removal of his/her name from the register of the Council for a period of five
years for the first offence and permanently for the subsequent offence. Any person who seeks the aid of
any establishments and professionals for conducting a pre-natal diagnostic technique on any pregnant
women for the purpose of sex selection would be punishable with imprisonment for a term that may
extend to three years and with a fine that may extend to Rs. 50,000 and on subsequent conviction with
imprisonment that may extend to five years and with a fine that may extend to Rs. 100,000.
13. LAW RELATING TO DOMESTIC VIOLENCE.

Answer: Domestic Violence: The term "domestic violence" includes elaborately all forms of actual abuse
or threat of abuse of physical, sexual, verbal, emotional and economic nature that can harm, cause injury
to, endanger the health, safety, life, limb or well-being, either mental or physical of the aggrieved person.
The definition is wide enough to cover child sexual abuse, harassment caused to a woman or her relatives
by unlawful dowry demands, and marital rape.
The kinds of abuses covered under the Act are:

1. Physical Abuse-
A. An act or conduct causing bodily pain, harm, or danger to life, limb, or health;
B. An act that impairs the health or development of the aggrieved person;
C. An act that amounts to assault, criminal intimidation and criminal force.
2. Sexual Abuse-
Any conduct of a sexual nature that abuses, humiliates, degrades, or violates the dignity of a woman.
3. Verbal and Emotional Abuse-
A. Any insult, ridicule, humiliation, name-calling;
B. Insults or ridicule for not having a child or a male child;
C. Repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
4. Economic Abuse-

A. depriving the aggrieved person of economic or financial resources to which she is entitled
under any law or custom or which she acquires out of necessity such as household necessities,
stridhan, her jointly or separately owned property, maintenance, and rental payments;
B. disposing of household assets or alienation of movable or immovable assets;
C. Restricting continued access to resources or facilities in which she has an interest or
entitlement by virtue of the domestic relationship including access to the shared household.
Laws regarding domestic violence in India

Laws in India have been enacted that deal directly with domestic violence: The Protection of Women from
Domestic Violence Act, 2005, The Dowry Prohibition Act, 1961, and Section 498A of the Indian Penal Code,
1860.
1. The Protection of Women from Domestic Violence Act, 2005 is a civil law which ensures the
protection of not just married women against men, but also women who are in live-in
relationships, as well as family members including mothers, grandmothers, etc. Within the ambit
of this law, women can pursue safeguarding against domestic violence, abuse, battery and may
further claim financial compensation and the right to live in their shared household. She may even
ask for maintenance from her abuser in case they are living apart. This law is to guarantee that
women do not get kicked out of their own homes and are able to sustain themselves in case they
have faced violence. Under this Act, a Magistrate can pass a protection order to ensure that the
abuser does not contact or is in close proximity to the survivor.
2. The Dowry Prohibition Act is of a criminal nature, within which the givers and takers of dowry may
be prosecuted. Dowry demands constitute a reason for domestic violence in many households in
India, which is why it becomes a necessity to have such laws in place. Under the provisions of this
Act, if someone takes, gives or even demands dowry, they can be punished with imprisonment for
a period of 6 months or a fine of ₹5000 may be levied on the offender.
3. Section 498A of the Indian Penal Code is another criminal law that exists to keep a check on
violence occurring within the four walls of one’s home. Section 498A of the Indian Penal Code
states “Whoever, being the husband or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may extend to three
years and shall also be liable to fine.” Cruelty has been given a broad scope and may refer to any
conduct that leads a woman to commit suicide or which causes grave injury to her life or health,
including the aspect of mental health. It further includes harassment in the name of dowry.
Landmark case laws

Hiral P. Harsora and Ors V. Kusum Narottamdas Harsora and Ors. (2016)
In a landmark judgment, Justices Kurian Joseph and R F Nariman broadened the scope of the Domestic
Violence Act by ruling the deletion of the words “adult male” from the provisions under Section 2(q) of the
Act, thus paving the path for women and even non-adults to be prosecuted for causing domestic violence
or harassment to any married woman within her household.
Lalita Toppo v. State of Jharkhand & anr. (2018)

In this case, the apex Court of India categorically held that a woman may claim maintenance from her
abuser under the Protection of Women from Domestic Violence Act, 2005. The Court further stated that
the victim need not be legally wedded to the offender in order to do so. This means that even an
estranged wife or live-in-partner may invoke the provisions of this Act. Section 3(A) defines “domestic
violence” which also constitutes “economic abuse”. The victim would also be entitled to a shared
household under this Act, and will not be limited by Section 125 of the CrPC which solely grants relief.
14. MATERNITY BENEFIT.

Answer: What is the Maternity Leave?

Maternity leave in India” is a paid leave of absence from work that allows women employees the benefit
of taking care of their newly born, and at the same time retain their jobs.
India is a developing country, and our first Maternity leave Act was established back in 1961 called, The
Maternity Benefit Act 1961. This Act ensured women employees get a paid leave of 26 weeks pre and
post-delivery for taking care of the new-born. This Act applied to establishments with ten plus employees.
The Act applies to women employees on a contract, permanent basis, or engaged with agencies.
The current employment scenario has changed, and we have a significant chunk of female employees
taking jobs. The maternity act was subject to change due to social & economic changes. In 2017, The
Maternity leave Act was revised as The Maternity Benefit (Amendment) Act 2017.
The Act extends to the whole of India to all mines, plantations, shops, establishments and factories
either in organized or unorganized sector in which 10 or more persons employed on any day of the
preceding twelve months. Any woman who has worked in the establishment for more than 80 days is
entitled to the maternity benefit.
1. Who can avail? All women who are employed in any capacity directly or through any agency i.e.
either on contractual or as consultant.
2. Eligibility: For a woman employee to be eligible under this Act, she should have completed
working for 80 days in the current establishment in the last 12 months.
3. Duration of maternity leave - The Maternity (Amendment) Act 2017 has extended the earlier 12
weeks’ leave to 26 weeks. The pregnant employee can bifurcate the leave as post and pre-
delivery. 8 weeks of leave can opt before the delivery and remaining post-childbirth. For women
expecting the third child, the maternity leave allotted is 12 weeks.
4. Maternity benefit before expected delivery- This maternity benefit should not be availed before
weeks from the date of the expected delivery
5. Critical illness post-maternity: Pregnancy is a complicated process and could be life-threatening
too. The Maternity leave Amendment Bill 2017 allows a benefit of one month for women who are
suffering from critical circumstances like – Pre-mature delivery, miscarriage & medical termination
of pregnancy.
6. Maternity benefit for a woman having two or more children- If a woman has two or more children,
the maternity benefit will continue to be 12 weeks, which cannot be availed before 6 weeks from
the date of the expected delivery.
7. Maternity benefit to adopting mother and commissioning mother- A woman who legally adopts a
child below the age of three months or a commissioning mother (the woman who has donated her
egg to another woman) shall be entitled to maternity benefit for a period of 12 weeks from the
date the child is handed over to the adopting mother or the commissioning mother.
8. Right to Payment of maternity benefit- 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, that is to say, the period immediately preceding the day of her delivery, the
actual day of her delivery and any period immediately following that day.
9. Provision for Crèche facility- Every establishment with 50 or more employees to provide crèche
facilities within a prescribed distance. The woman will be allowed four visits to the crèche in a day.
This will include the interval of rest allowed to her, when the women employees number exceeds
30 this minimum number of employees 50 is not applicable and the establishment has to provide
crèche facility.
10. Option to Work from Home- An employer may permit a woman to work from home. This would
apply if the nature of work assigned to the woman permits her to work from home. This option
can be availed of, after the period of maternity leave, for a duration that is mutually decided by
the employer and the woman.
11. Informing women employees of the right to maternity leave- Every establishment should intimate
a woman at the time of her appointment of the maternity benefits available to her. Such
communication must be in writing and electronically.

12. Penalty for Contravention of the Act by the employer- If any employer fails to pay any amount of
maternity benefit to a woman entitled under this Act or discharges or dismisses such woman
during or on account of her absence from work or her pregnancy, shall be punishable with
imprisonment which is not less than 3 months but which may extend to one year and with a fine
of not less than Rs. 2000/- which may exceed to Rs. 6000/-.
Norms under the Maternity Leave:
1. The Act states, the employer should not give a pregnant employee difficult tasks, including long-
standing working hours, ten weeks before the delivery, such that it might affect both Mother and
child.
2. The employer should ensure the health and safety of the female employer and mandates that she
should not be involved in any work six weeks following the delivery as well as miscarriage.
3. The law also states that the employer cannot dismiss or discharge a female employer during the
maternity leave period.
4. In an establishment of 50 plus employees, a Crèche facility is to be provided by the employer. When
the female employee comes back to work after maternity leave, she can avail of the crèche facilities.
The Act also permits the female employee to visit the crèche four times during the regular working
hours, including her regular rest intervals.
5. If an employer does not adhere to the Maternity Act, there are severe repercussions. The penalty to
an employer for non-acceptance of the Act is a fine of Rs. 5000/- or imprisonment which can extend
to a year or with both.
15. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) IS
MAGNA CARTA OF WOMEN'S RIGHTS.
Answer: In 1979, the UN General Assembly adopted the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), a milestone towards gender equality. For the first time civil and
political rights as well as economic, social and cultural rights of women worldwide in all spheres of life are
at the centre and should be protected.
Meaning of “discrimination against women”:
For the purposes of the present Convention, the term ‘discrimination against women’ shall mean 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 1).
Steps agreed to be taken by the States Parties to eliminate discrimination against women:
1. To embody the principle of the equality of men and women in their national constitutions and in
all other statutes.
2. Statutes for prohibiting all kinds of discrimination against women,
3. Establishing legal protection to women,
4. To refrain from engaging in any act or practice of discrimination against women,
5. To take all appropriate measures to eliminate discrimination against women by any person,
organisation, or enterprise.
6. Modifying existing laws, regulations, customs and practices which constitute discrimination
against women.
7. To repeal all national penal provisions which constitute discrimination against women (Article 2).
8. To modify the social and cultural patterns of conduct of men and women, with a view to achieving
the elimination of prejudices and customary and all other practices which are based on the idea of
the inferiority or the superiority of either of the sexes or on stereotyped roles for men and
women.
9. To ensure family education.
10. States parties shall take all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women.

Measures to eliminate discrimination against women in the political and public life of the country:
1. Elimination of discrimination against women in the political and public life of the country.
2. Giving voting rights to women and encouraging them to contest in elections.
3. Making women to participate in the formulation of Government policy.
4. Equal opportunities for women to represent their governments at the international level.
Elimination of discrimination in the field of education:
1. Make sure that the same conditions for career and vocational guidance for all genders.
2. Same examinations and same curriculum for all.
3. The same opportunities to benefit from scholarships and other study grants.
4. The reduction of female student drop-out ratio.
5. The same opportunities to participate in sports and physical education.
Elimination of discrimination in the field of employment:
1. The right to work as an inalienable right of all human beings.
2. The right to the same employment opportunities.
3. The right to free choice of profession and employment,
4. The right to equal remuneration.
5. The right to social security.
6. The right to protect of health and to safety in working conditions, including the safeguarding of
the function of reproduction (like Maternity leave etc.).
7. To prohibit dismissal on the grounds of pregnancy or maternity leave.
8. To introduce maternity leave with pay.
9. To encourage the provisions of the necessary supporting social services.
Elimination of discrimination in the field of health care.
Elimination of discrimination in areas of economic and social life:
1. The right to family benefits.
2. The right to bank loans etc.
Elimination of discrimination against women in rural areas.
16. CRITICALLY ANALYSE THE PROVISIONS RELATING TO EQUAL PROPERTY RIGHTS OF A HINDU
WOMAN.
Answer: A woman is expected to – and does – play different roles with equal grace. Whether as a
daughter or a wife or a mother; patience, love, compassion and fortitude form a part of her personality.
While we might not be able to quantify and put a value on her role in society, the least that we can do is
to ensure her place in society and make her more secure in terms of her future.
Property has been a major bone of contention in so far as the rights of women are concerned. In India,
Property Rights of Women have not been given much attention to. Rather, they have been neglected.
Over time, increasing awareness and modernization have made the scenario a little better and we can
now talk more of ‘equality’ in this aspect too.
Property Rights of Women as per Hindu Law

Daughter
• A daughter now has equal right of inheritance to her father’s assets as the son. She also has a right
to receive a share in her mother’s estate.
• Following the revision of the Hindu Succession Act in 2005, discrimination between the genders
has been removed. Various rights have been given to the daughter.
• She also has to bear liabilities in the same manner as the son. She,
1. Has same rights and will be allotted the same share as of the sons,
2. Has the right of residence if she is divorced, widowed or deserted.
3. Has every right to the assets she has earned or been gifted or been willed to her.
4. She can dispose of her share as per her choice either by selling, through a will or by gifting to
another person.

Married woman
• A married female is the sole owner and has every right to the property that has been earned,
willed or gifted to her. She does not always, however, have the right to ask for maintenance from
her own family after she is married.
• The clause to be kept in mind vis-a-vis property is that married women have a right to their
fathers’ property provided the demise of the father was after the year 2005.
• Wife’s Rights on Husband’s Property in India:
o A wife is entitled to inherit an equal share of her husband’s property.
o However, if the husband has excluded her from his property through a will, she does not
have a right to her husband’s property.
o Moreover, a wife has a right to her husband’s ancestral property.
o She has a right to reside in her marital home and a right to be maintained by her husband.
• A married woman has the right
1. to gift what she owns in parts or as a whole to anyone without any interference
2. to be provided with residence and receive maintenance from her husband
3. If she’s a member of a joint family, she is entitled to receive support and shelter from the
family, equal share as of her husband, jointly with his mother and her children ( if her
husband dies), and a share equal as any other member, in the case of partition in the
family.
Mother
• Being a Class I heir in the Inheritance Law, has the right to be provided with maintenance from her
kids who can support her.
• If she dies without leaving a will, her assets will be divided equally among her children irrespective
of their gender.
• She also has the right to dispose of her share of the real estate as per her wishes.
• A widowed mother is entitled to equal share as of her son, in the case of a joint family.
A woman whether she is a daughter or a wife or a mother, deserves to get equal rights as her male
counterpart. She should be treated with same respect and love as anyone else. Most of the women in
India give up their careers and spend their life as homemakers. Thus, it is not only necessary but a
responsibility to make sure that they do not suffer financially, physically or emotionally in case of any
tragedy. It is essential to safeguard Property Rights of Women to secure their life. She deserves equal
share as her brother in the property of her parents and as her husband in the property of her in-laws.
17. NATIONAL COMMISSION FOR WOMEN.

Answer: The main intention for the establishment of the National Commission for Women was to ensure
equal livelihood for women by making constitutional amendments and laws that favour them. The
commission was formed to prevent any kind of violence or exploitation against women. Women are
vulnerable and the problems faced by them are numerous and such a commission was established to
resolve such issues concerning their rights. It is the state necessity to set up such commissions to address
the grievances of women in the country. Keeping in mind the interest of all the National Commission for
Women Bill 1990 was introduced in the Lok Sabha.
National Commission for Women

The National Commission for Women was formed in 1992 under the National Commission Act 1990. It is a
commission having the authority to review constitutional safeguards for women in the country. The main
recommendation of the commission is to facilitate redressal mechanisms and also to take legislative
measures to curb the disparity. It provides the government with advice to make policies and laws that are
more prone to protect and safeguard the rights of women. The commission also has the powers that are
vested upon with a civil court. On 31st January 1992, the first commission was constituted and was
chaired by Jayanti Patnaik. The first male member in the NCW (National Commission for women) was Alok
Rawat IAS.

Report of the Commission

It presents the annual report before the Central Government. Apart from this, it submits other reports
which it deems to be fit. All such reports are placed before the House of the Parliament along with the
memo. In case any recommendation made on the floor of the house is not accepted. The reason for the
non-acceptance should be maintained in the memorandum. The same procedure should be followed at
the state level as well.
Objective
The notable achievements of the National Commission for women are that they prepared gender profiles.
Then they took initiative into the creation of the Parivarik Mahila Lok Adalat to take proactive steps
regarding the rights of women. They evaluated and reviewed laws concerning Indian Penal Code 1860,
Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994, The Dowry Prohibition Act 1961 and so on.
To take more effective actions against violations under the National Commission for Women Act 1990, set
up and organise awareness workshops and consultations outlets. The objectives of NCW are as follows:
1. To suggest the government regarding policies regarding women,
2. A platform to redress the grievances,
3. To make recommendations relating to legislation measures,
4. To review legal and constitutional safeguards for women.
Powers of NCW
1. Provide consultation on all major policy matters that affect women.
2. Issuing summons for the examination of documents and the witnesses.
3. It has the power to make any public record.
4. Receiving evidence on affidavits
5. Discovery and production of documents
6. Summoning and enforcement
The functions of the National Commission for women are as follows:

1. Presentation of reports: Reports should be submitted to the Central Government every year or
when the commission feels it’s appropriate. The reports upon the functioning and working of the
safeguards.
2. Investigation and Examination: There should be proper investigation and examination made under
the Constitution and other laws. This is related to the protection of the rights of women.
3. Review: Constantly all laws are reviewed and scrutinised. And necessary amendments and
alterations are made to meet the needs of the current world. This is to meet any break, incapacity
or any inadequacies in the legislation.
4. Cases of Violation: Ensure there is no violation against women and taking due care of such cases.
5. Suo Motu Notice: It takes care of complaints and also suo motu matters about the deprivation of
rights of women. Implementation of laws favouring the welfare of women.
6. Evaluation: Assessing the development and the progress of the women community under the
Center and State level.
7. Recommendation: To suggest the wellbeing of women and their rights.
8. Special studies and investigation: To understand the limitations in the system and curb it with
strategic plans and mechanisms.
9. Research: To make research and study to understand the needs of women, healthcare and such
related components. This is to make a proper support system to help the women in need.
10. Participation in all spheres particularly in planning: Take measure to facilitate economic and social
development and improvement of women by recognising their rights.
11. Inspection: Inspect the jail, remand home to ensure that the women staying there are not
exploited as they are vulnerable.
12. Funding and Reporting: Ensure there is a fund for litigation of matters relating to women rights.
There should be periodical reports made under the difficulties faced by women daily.

IMPORTANT CASES
1. CHILD MARRIAGES.
A. A Hindu girl aged about 16 years got married with a Hindu boy of 21 years. Discuss the validity of the
marriage. (May-2017).
B. ‘A’, a Hindu girl, aged 15 years, married a man of 21 years. Is marriage valid? Give valid reasons in
support of your answer. (June-2014).
Brief facts of the case:

1. Marriage of a minor Hindu girl with a person of 21 years.
2.
Issue:
Is this a valid marriage? No, it’s a voidable marriage.
Rule:
THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
Section 2: Definitions.—, unless the context otherwise requires,—
(a) “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;
(b) “Child marriage” means a marriage to which either of the contracting parties is a child;
Section 3. Child marriages to be voidable at the option of contracting party being a child.—
(1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be
voidable at the option of the contracting party who was a child at the time of the marriage:
Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district
court only by a contracting party to the marriage who was a child at the time of the marriage.
(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her
guardian or next friend along with the Child Marriage Prohibition Officer.
(3) The petition under this section may be filed at any time but before the child filing the petition
completes two years of attaining majority.
The Hindu Marriage Act, 1955, Section 13(2)(iv) says that “her marriage (whether consummated or not)
was solemnised before she attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years”
Application:
The Prohibition of Child Marriage Act of 2006: Under this act, the marriageable age for a male is
prescribed as 21 years and that of a female is 18 years. A decree of nullity can be obtained by a girl who
has entered into a child marriage within 2 years of attaining the age of 18 years.
Child Marriage is prohibited in India as per the Prohibition of Child Marriage Act, 2006.
What does this law do?
This law:
• Provides for maintenance for the girl in a child marriage;
• Allows anyone who was a child at the time of getting married to legally undo it;
• Treats children born out of child marriages to be legitimate, and makes provisions for their
custody and maintenance, and;
• Consider certain kinds of child marriages where there was a force or trafficking as marriages which
never happened legally.
What is a crime under this law?
It is a crime:

• To attend or take part in a child marriage (as a parent or guardian);

• To allow, encourage or fail to stop a child marriage (as a parent or guardian);
• To perform or help with a child marriage in any way;
• For an adult male to marry a child wife.
Where can we go to stop or undo child marriage?
• We can directly go to a District Court and make an application- the judge can pass an order
directing the people involved to not to take part in the child marriage.
• We can go to a Child Marriage Prohibition Officer for help with annulling a child marriage.
Conclusion:
Child marriage is a voidable marriage at the option of the minor, in this case this is the girl; she can use it
within the stipulated time which we have discussed above.
2. HINDU FEMALE DIED INTESTATE.

A Hindu female intestate left behind her mother, father and mother-in-law. Her self-acquired property is
to be devoluted among them. Explain the issue in detail. (Oct-2020, Jul-2019 & May-2015).
Facts of the case:

1. A Hindu female died intestate.
2. Leaving behind mother, father and mother-in-law.
3. Her self-acquired property is to be distributed.
Issue:
Is it comes under the Hindu Succession Act, 1956? Yes.
Rule: Under the Hindu Succession Act, 1956.

➢ According to Sec 15 the property of a Hindu female is categorised under the following heads:
1. The property inherited by a female from her father or mother,
2. The property inherited by a female from her husband or father-in-law,
3. The property obtained from any other source, by inheritance of otherwise.
➢ According to Sec 15(1) the property of a Hindu female dying intestate shall devolve as per the rules set
out in Sec 16 of the Act. They are:
1. Firstly, upon the sons and daughters, children of predeceased son or predeceased daughter and
husband,
2. Secondly, upon the heirs of the husband,
3. Thirdly, upon the mother and father,
4. Fourthly, upon the heirs of the father,
5. Lastly, upon the heirs of the mother.
Application:
THE CURRENT POSITION IN LAW FOR SELF-ACQUIRED PROPERTY OF HINDU FEMALE DYING INTESTATE:
Let's look at a situation where a married Hindu female dies intestate leaving behind her self -acquired
properties. We shall assume she had no issue and was a widow at the time of her death. As per the
present position of law, her property would devolve in the second category i.e. to her husband's heirs.
Thus, in case the mother of her husband is alive, the deceased Hindu female's entire self-acquired
property would devolve on her mother-in-law. If the mother-in-law is also not alive, it would devolve as
per the rules laid down in the case of a Hindu male dying intestate. Thus, if the father of her deceased
husband is alive, the next in line to inherit the property will be her father-in-law and if the father-in-law is
also not alive, then her property would devolve on the brother and sister of the deceased husband. Thus,
the entire self-acquired property of the Hindu female would vest in the brothers and sisters of the pre-
deceased husband and not that of the Hindu female even if she has siblings that are alive.

Therefore, where a Hindu female dies intestate leaving behind her self-acquired property and in case
where her heirs in the first category fail, her property would devolve totally upon her husband's heirs who
may be very remotely related or probably even unaware of each other's existence.
In the Om Prakash v. Radhacharan case, a woman’s self-acquired property covered by Section 15(1) and
not by Section 15(2).
In this case, a Hindu girl Narayani Devi, aged 15 years, became a widow within three months of her
marriage. She was driven out of her matrimonial home immediately after her husband’s death. She never
returned there and also her in-laws did not bother to inquire about her. She came to her parent’s house
and was educated by them. She then took a job. She died without making a valid will 42 years later,
leaving behind huge sums in various bank accounts besides provident fund and substantial property.
There is no doubt or dispute that the properties of the deceased were ‘self-acquired’ ones and were not
inherited from her parents.
The deceased’s property was claimed by her mother and brother (appellants) on the one side and by
the heirs (brothers) of the husband (respondents) on the other side. The appellants affirmed that in a case
of this nature where the husband of the deceased or her in-laws had made no contribution towards her
education or had lent any support during her lifetime, Section 15(2)(a) of the Hindu Succession Act should
be held to be applicable. It was negatived by the Supreme Court in the favour of her husband’s heirs on
the ground that as per the provisions of the Hindu Succession Act (1956), it is the heirs of the husband who
have a legal right to inherit the property of an issueless married Hindu woman and her parents of heirs of
parents cannot inherit in their presence. The Apex Court observed that Section 15(1) lays down the
ordinary rules of succession. Section 15(2) providing for an obstante clause, which however carves out an
exception that when the property is passed upon the deceased from her father or mother on her
deathbed without any children, that property will relate to her parent’s family and not to her husband’s
family under Section 15(2)(a).
The law is silent on the self-acquired property of a Hindu female. Section 15(1), only deals with ‘general
property’, however apart from the exceptions specified in sub-section (2) and does not make any
distinction between a self-acquired property and the property which she inherited from any other
relation. The property which has been vested in the deceased absolutely or which is of her own is referred
to here. The ‘self-acquired property’ of a Hindu female would be her absolute property and not the
property which she has inherited from her parents.
The basis of the inheritance of a female Hindu’s property who dies intestate would thus be the source
from which such a female Hindu came into possession of the property and the manner of inheritance
which would further decide the manner of devolution. In the case of ‘self-acquired property’, Section 15(1)
will apply and not Section 15(2). The Hindu Succession Act does not put an embargo on a female to
execute a will. Section 15(1) would apply only in a case where a female Hindu dies intestate i.e., without
making a will. In such a situation normal rules of succession as provided for in the statute will apply.
The court further observed that it is now an ingrained principle of law that sentiments or sympathy
alone would not be a guiding force in determining the rights of the parties which are otherwise clear and
obvious under the Hindu Succession Act. This court cannot issue a direction only on sympathy or
sentiments. If the contention of the appellants is to be accepted, we will have to interpret Section 15(1) in
a manner which was not contemplated by the Parliament. The Parliament has bestowed equality for
married and unmarried Hindu women in the matter of property. The golden rule of interpretation must be
applied.
The court finally held that only because a case appears to be hard would not lead us to invoke different
apprehensions of statutory provisions which are otherwise impermissible. In that view of the matter, we
believe that Section 15(1) of the Act would apply instead of Section 15(2). Accordingly, the appeal was
dismissed.
Conclusion:
In the given case the Hindu woman is not having sons or daughters so the property goes to the husband’s
heirs under Section 15(1) of the Hindu Succession Act, 1956, under this category mother-in-law gets whole

property of the deceased even though it is a self-acquired property, the given case is similar to the case of
Om Prakash v. Radhacharan.
3. RESTITUTION OF CONJUGAL RIGHTS.

A Hindu wife left the husband and went to her parents’ house. Her husband filed for restitution of
conjugal rights she alleged that she left the husband on account of his cruelty. Decide. (Oct-2020 & May-
2015).

1. A Hindu wife left her husband with a valid ground.
2. The husband filed a petition for Restitution of Conjugal Rights.
Issue:
➢ Can the husband file for restitution of conjugal rights? Yes, he can.
➢ Can the wife defend her action of leaving her husband? Yes, she can by proving the cruelty of her
husband; she can choose to stay with her parents.
➢ Case comes under which Act? This case comes under the Hindu Marriage Act, 1955.
Rule:
The Hindu Marriage Act, 1955, Section 9. Restitution of conjugal rights.-
(1) When either the husband or the wife has, without reasonable excuse, withdrawn 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.
(2) Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a
ground for judicial separation or for nullity of marriage or for divorce.
There are three important requisites to be fulfilled for Section 9
1. Spouses must not be staying together.
2. Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
3. The aggrieved party must apply for restitution of conjugal rights.
Application:
Reasonable Cause
The burden of proof in matters of conjugal rights is two-fold. First, the petitioner-husband needs to prove
that the wife has withdrawn from his society. It shifts to the respondent-wife to show reasonable cause
for doing so. A reasonable cause may include any matrimonial misconduct or any act or omission that
makes it impossible for the Respondent-wife to live with the Petitioner-husband. Where the wife fails to
prove reasonable cause, a decree of restitution can be passed in favour of the husband stating the wife to
resume cohabitation with the husband. Where it is proven that the wife has reasonable and valid grounds
for doing so, the petition will be dismissed. Moreover, this will also be the case where the husband
himself has caused a situation that debars the husband from seeking the relief. One cannot take
advantage of his own wrong.
Under what circumstances is the wife’s withdrawal from the society of the husband justified?
1. When husband remarries: All the personal laws, except that in case of Muslims, hold bigamy to be
to be void. The conjugal rights are available only in a subsisting valid marriage. Thus, if a man
takes on another wife while his marriage with the first wife is subsisting, he loses the right to file a
petition for restitution of conjugal rights against such second wife. Also, if upon such act of the
husband, the first wife withdraws such matrimonial society, it would amount to a reasonable
cause to do so, as such action amounts to cruelty, and also a violation of marital duties. Here, in
fact, the first wife has the right to file for restitution of conjugal rights.

2. When conduct of husband makes it impossible for the wife to live with the husband: “If there be
cruelty to a degree rendering it unsafe for the wife to return to her husband’s dominion, the Court
will refuse to send her back to his House; so also, if there be a gross failure by the Husband of the
performance of obligations which the marriage contract imposes on him for the benefit of the
wife, it affords sufficient ground for refusing him relief in such a suit.”
Refer Venkata Subbaiah vs Saretha’s case.
Conclusion:
In the given case the husband can file petition of restitution of conjugal rights but the wife has to prove
the cruelty of her husband to stay away from him.
4. A DIVORCED HINDU WOMAN CLAIMS CUSTODY OF HER MINOR CHILDREN.

A. A divorced Hindu woman wants to claim the custody of her Minor children. Advise her. (May-19).
B. A Hindu woman who took divorce from her husband wants to have the custody of her minor children.
The husband, after divorce married again. Advise her. (May-2016).

1. The couple got divorced.
2. They are having minor children.
3. The wife wants the custody of her minor children.
Issue:
Can the divorced Hindu wife claim the custody of her minor children? Yes, she can claim.
Custody of children comes under which Act? Custody of children comes under the Hindu Minority and
Guardianship Act, 1956.
Rule:
Under the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of 5 years
is given to the mother. The custody of boys and unmarried daughters is given to the father. Custody of
illegitimate children is given to the mother first and then the father while the guardianship of a married
girl is given to her husband. The Hindu Minority and Guardianship Act, 1956 exists in harmony with the
Guardians and Wards Act, 1890.
In a custody battle between estranged parents, a minor child, who has not completed five years of age,
shall be allowed to remain with the mother. The Supreme Court has ruled saying that in such cases the
child should not be treated as ‘chattel’. It is only the child’s welfare which is the focal point for
consideration.
Application:
Every Court while deciding the custody Petition takes into consideration the following factors before
handing over custody to anybody/parents applying for the custody.
• First among the factors is the welfare of the child, which includes a safe environment for the
upbringing of the child. The ethical background and mental condition of the applicant is important
to be considered while giving custody of the minor child. A balance has to be struck between the
attachment and sentiments of the parties towards the minor children and the primary aspect of
the welfare of the minors, which is of paramount importance, ref: V. Srinath Prasad vs. Nandamuri
Jayakrishna, (2001) 4 SCC 71. Even Orders pertaining to custody of children passed by consent can
be varied by the court, if the welfare of the child demands deviation from the original order.
• Economic background of the Guardian/Parent including whether a good education can be
imparted to the child, has to be prima facie consideration as well.
• If the child is at an age where they can understand the situation, their opinion is also considered
by the Court while granting custody.
• The mother is the preferred custodial parent when the child is less than five years old.

Conclusion:
In the given cases I am assuming that the children are below 5 years of age, because no age is mentioned,
as per the above discussed provisions, the mother is having the right to take the custody of the children.
.
5. A HINDU MALE AFTER MARRIAGE CONVERTED TO ISLAM AND MARRIES A MUSLIM WOMAN-Sarla
Mudgal Vs. U.o.India & Ors.
‘X’ a Hindu male marries ‘Y’, a Hindu woman subsequently ‘X’ got converted to Islam and marries ‘Z’ a
Muslim woman. Discuss the validity of marriage between ‘X’ and ‘Z’. (Jul-2019 and May-2018).

1. A Hindu male marries a Hindu woman.
2. After marriage converts to Islam and marries a Muslim woman.
Issue:
Is the second marriage a valid marriage? No.
This case comes under which Statute? The Indian Penal Code, 1860, Section 494 and 495.
Rules:
Section 494 of the Indian Penal Code, 1860: Marrying again during lifetime of husband or wife.—Whoever,
having a husband or wife living, marries in any case in which such marriage is void by reason of its taking
place during the life of such husband or wife, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Ingredients of offence of Bigamy (Pashaura Singh v. State of Punjab, (2010) 11 SCC 749)
For an offence of bigamy to have been committed the following ingredients are required
1. The accused must have contracted first marriage
2. The first marriage was valid marriage.
3. he/she must have married again
4. The first marriage must be subsisting (that is no divorce has taken place)
5. The first spouse must be living.
Application:
Sarla Mudgal v. Union of India (1995 AIR 1531 SC)
The Supreme Court of India in its landmark judgment held that “where any man (not Muslim initially)
converts his religion into Islam for the sole purpose of contracting a second marriage without legally
divorcing his first wife), the marriage shall be regarded as void and illegal and he shall be punished in the
similar manner as he would have been punished had he not converted his religion.” The court held that a
change of religion does not permit a person to defeat the provisions of law and to commit bigamy.
Such person shall be punishable with the imprisonment and fine and the punishment provided under
Section 494 shall be non- compoundable with the punishment given in Section 495. The second wife shall
not be entitled to any kind of right or share in the husband’s property, but she can claim interim
maintenance from her husband.
Conclusion:
In the given case husband’s second marriage is illegal and attracts punishment u/s 494 of the Indian Penal
Code, 1860, the case is similar to the case of Sarla Mudgal v. Union of India.

6. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE.

A. A working woman has been harassed by her male colleague by sending indecent e-mails to her. Advise
her. (Jul-2019).
B. In a private organization, the employer has misbehaved with one of his women colleague, and also
threatening her if you complain about the same you may lose your job. As a result she was silently
suffering without complaining to anyone. Advice what remedy is available to her. (Jun-2014).
Issue:
What kind of remedy is available to the victim?
1. She may complaint u/s 9, of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.
2. Under Section 15 of the Act she may be awarded compensation for the mental trauma what she
has undergone.
3. U/s 16, the complaint and the award is prohibited of publication or making known to others.
4. The aggrieved woman can file a case u/s 354A of the IPC.
Rules:
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL)
ACT, 2013, Section 9. Complaint of sexual harassment.—(1) Any aggrieved woman may make, in writing, a
complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local
Committee, in case it is not so constituted, within a period of three months from the date of incident and
in case of a series of incidents, within a period of three months from the date of last incident.
Indian Penal Code (IPC) Section 354A. Sexual harassment and punishment for sexual harassment:
(1) A man committing any of the following acts—
(i) Physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) A demand or request for sexual favours; or
(iii) Showing pornography against the will of a woman; or
(iv) Making sexually coloured remarks,
Shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1)
shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or
with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Application:
As per the Vishaka judgment, ‘Sexual Harassment’ includes such unwelcome sexually determined
behaviour (whether directly or by implication) as:
a. Physical contact and advances
b. A demand or request for sexual favours;
c. Sexually coloured remarks;
d. Showing pornography;
e. Any other unwelcome physical, verbal or nonverbal conduct of sexual nature.
What amounts to Sexual Harassment?
The POSH Act defines ‘sexual harassment’ in line with the Supreme Court’s definition of ‘sexual
harassment’ in the Vishaka Judgment. As per the POSH Act, ‘sexual harassment’ includes unwelcome
sexually tinted behaviour, whether directly or by implication, such as (i) physical contact and advances, (ii)
demand or request for sexual favours, (iii) making sexually coloured remarks, (iv) showing pornography, or
(v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The following circumstances, among other circumstances, if they occur or are present in relation to or
connected with any act or behaviour of sexual harassment may amount to sexual harassment:
1. implied or explicit promise of preferential treatment in employment;
2. implied or explicit threat of detrimental treatment in employment;
3. implied or explicit threat about present or future employment status;
4. interference with work or creating an intimidating or offensive or hostile work environment; or
5. Humiliating treatment likely to affect the lady employee’s health or safety.
The first case before the Supreme Court after Vishaka in this respect was the case of Apparel Export
Promotion Council v. A.K Chopra. 132 In this case, the Supreme Court reiterated the law laid down in the
Vishaka Judgment and upheld the dismissal of a superior officer of the Delhi based Apparel Export
Promotion Council who was found guilty of sexually harassing a subordinate female employee at the
workplace. In this judgment, the Supreme Court enlarged the definition of sexual harassment by ruling
that physical contact was not essential for it to amount to an act of sexual harassment.
Conclusion:
As per the Vishaka guide lines in every organization there should be redressal mechanism like forming
Internal complaints committee and u/s 5 the appropriate Government may notify a District Magistrate or
Additional District Magistrate or the Collector as a district officer for every district to exercise powers or
discharge function under this Act.
In the given case the aggrieved woman can make a complaint to the Internal Committee if not formed
to the District Officer or she can approach court u/s 354-A, and the culprits will be punished under this
Section.
7. A MARRIED WOMAN DIED UNDER SUSPICIOUS CONDITIONS.

A. A married woman died at her in-laws, house under the suspicious conditions. The neighbours gave this
information to the police. Discuss. (May-2019).
B. A married woman died under suspicious circumstances at her in-laws house after three years of married
life. Decide. (May-2016).
1. Death of a married woman under suspicious conditions.
2. We assume that in the Case-A the death occurred within 7 years of marriage.
3. And in Case B it is clearly mentioned that the death occurred within 3 years of marriage.
Issue:
➢ Is this death comes under Section 304B of IPC? Yes.
➢ Is Section 113B of the Indian Evidence Act, 1872 applicable on this case? Yes, applicable, and the
onus of proving innocence under this section lies on the accused.
Rule:
Essentials of Dowry deaths under Section 304-B
1. Death was caused by burns or bodily injury or otherwise than under normal circumstances.
2. Death should have occurred within seven years of her marriage.
3. Woman must have subjected to cruelty or harassment by husband or his relatives.
4. Cruelty or harassment should be in connection with demand of dowry and soon before death.
In case of Satbir Singh v. State of Haryana the Apex Court held that the prosecution is able to establish the
ingredients of Section 304-B, IPC the burden of proof of innocence shifts on defence. The provisions under
Section 304B, IPC are more stringent than that provided under Section 498A of the Penal Code. The
offence is cognizable, non-bailable and triable by a court of Sessions.
Indian Evidence Act, 1872

A new provision, Section 113B has been created regarding the burden of proof in dowry death according
to which court has to presume that a dowry death was caused by the person who is shown to have
subjected the woman to cruelty or harassment soon before her death.
In view of the nature of the dowry offences that are generally committed in the privacy of residential
homes and in secrecy, independent and direct evidence necessary for conviction is not easy to get.
Accordingly, amendment act 43 of 1986 has inserted Section 113B in the Evidence act, 1872 to strengthen
the prosecution hands by permitting a certain presumption to be raised if certain fundamental facts are
established and the unfortunate incident of death has taken place within seven years of marriage.
Application:
Usually, on a number of occasions, the Supreme Court expressed anguish and shocking view regarding
deaths of young brides. In Virbhan Singh v. State of U.P apex Court said in view of increasing deaths of
brides, such dastardly crimes whenever detected and proved then ruthless action and deterrent
punishment must be imposed. Supreme Court concern about the acquittal of some alleged culprits but the
state cannot approach apex Court in appeal. In Samunder Singh v. State of Rajasthan the court opined that
anticipatory bail cannot be given in cases of bride burning and dowry deaths. Some dissatisfaction
occurred at trial level itself by the certain assumption of courts like a person with 100% burn not fit for
dying declaration.
Conclusion:
The accused should be prosecuted under Section 304B of IPC read with 113B of the Indian Evidence Act,
1872, the punishment is imprisonment of not less than 7 years but which may extend to imprisonment for
life – cognizable – Non-bailable – Triable by Court of Session – Non-compoundable.
8. ABORTION AFTER SCANNING.

A. A mobile ultrasound scanning machine conducted a test on a pregnant woman and determined the
foetus as a female. After that she was aborted in a local nursing home. Then it came to know that the
aborted foetus is of male. Decide. (May-2017).
B. An ultrasound scanning center conducted a test on a pregnant woman and determined the foetus as a
female. Thereby she was aborted in a local nursing home by the persuasion of her husband and in-laws.
Decide. (May-2015).
C. After three abortions, ‘A’ conceived for the fourth time. Knowing that the child in the womb is a girl,
husband, and mother-in-law again wants to abort the fourth child. Advise the lady in this regard. (May-
19).
Issue:
➢ Is conducting scanning test for knowing the sex legal? No, it is illegal.
➢ Which statutes are applicable in this case?
1. Pre-Conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) (PCPNDT) Act in 2004 and
2. The Medical Termination of Pregnancy Act, 1971
Rule:
PCPNDT, 2004, Section 6. Determination of sex prohibited.- On and from the commencement of this Act,—
(a) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be
conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography,
for the purpose of determining the sex of a foetus;

(b) No person shall conduct or cause to be conducted any pre-natal diagnostic techniques including
ultrasonography for the purpose of determining the sex of a foetus;
(c) No person shall, by whatever means, cause or allow to be caused selection of sex before or after
conception.
Section 23. Offences and penalties.- (1) Any medical geneticist, gynaecologist, registered medical
practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic
Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical
services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who
contravenes any of the provisions of this Act or rules made thereunder shall be punishable with
imprisonment for a term which may extend to three years and with fine which may extend to ten
thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years
and with fine which may extend to fifty thousand rupees.
Grounds for termination of pregnancy: Section 3 of the MTP Act, 1971 (refer Question No.11).
Section 312 in the Indian Penal Code
Causing miscarriage.—whoever voluntarily causes a woman with child to miscarry, shall, if such
miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both
Application:
The PCPNDT Act prohibits the use of all technologies for the purpose of sex selection, which would also
include the new chromosome separation techniques.
With the blanket prohibition contained in Sections 3, 4 and 5 of the PNDT Act, there is effectively a ban on
sex selection in India. It is not possible to use pre-natal diagnostic techniques to abort foetuses whose sex
and family history indicate a high risk for certain sex-linked diseases, or to choose a foetus whose sex is
less susceptible to certain sex-linked diseases. This blanket prohibition may appear to be a contradiction
to the provisions of the MTP Act, which permits the abortion of a foetus that is at a risk of being born with
serious physical or mental disabilities. While it is legally permissible to abort a foetus at risk of serious
physical or mental disabilities, it is not permissible to select a foetus of a sex which is less likely to suffer
from a sex-linked disease.
The PCPNDT Act primarily provides for the following:
• Prohibition of sex selection, before and after conception.
• Regulation of prenatal diagnostic techniques (e.g., amniocentesis and ultrasonography) for the
detection of genetic abnormalities, by restricting their use to registered institutions. The Act
allows the use of these techniques only at a registered place, for a specified purpose, and by a
qualified person who is registered for the purpose.
• Prevention of the misuse of such techniques for sex selection, before or after conception.
• Prohibition of the advertisement of any techniques used for sex selection as well as those used for
sex determination.
• Prohibition on the sale of ultrasound machines to persons not registered under this Act.
• Punishment for violations of the Act. Violations carry a five-year jail term and a fine of
approximately 50000/-. All offenses are cognizable when police may arrest without a
warrant. They are also non-bailable and non-compoundable.
Conclusion:
Indian laws do not, under any circumstance, allow sex determination tests to be undertaken with the
intent to terminate the life of a foetus developing in the mother’s womb, unless there are other absolute
indications for termination of the pregnancy as specified in the MTP Act of 1971. Any act causing the
termination of the pregnancy of a normal foetus would amount to feticide, and in addition to rendering
the physician criminal liable, is considered professional misconduct on his part, leading to his penal
erasure. In the given case the doctors, lab personnel and the husband of the pregnant woman all are
punishable under the above stated provisions.

Punishable under IPC, MTP and PCPNDT, which are discussed above.
9. A WOMAN WORKER WAS TERMINATED WHEN SHE APPLIED FOR MATERNITY LEAVE.
A woman worker has been terminated from the services. When she applied for maternity leave. She
wants to challenge the termination. Advise her. (Oct-2020).
Issue:
➢ Can an employer terminate a woman employee during her pregnancy? No, he can’t.
➢ Can the pregnant woman be given maternity leave? Yes, it is mandatory to give maternity leave.
➢ Which statute is applicable in this case? In this case the Maternity Benefit Act, 1961 is applicable.
Rule:
Section 12 in the Maternity Benefit Act, 1961: Dismissal during absence of pregnancy.—
(1) When a woman absents herself from work in accordance with the provisions of this Act, it 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.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such
discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in
Section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided
that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing
communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
Application:
The main object behind providing maternity benefits : The fundamental purpose of providing
maternity benefits is to preserve the self-respect for motherliness, protect the health of women, complete
safety of the child etc. The objective of maternity benefits is to protect the dignity of “Motherhood” by
providing the complete & health care to the women & her child when she is not able to perform her duty
due to her health condition. There is need for maternity benefits so that a woman is to be able to give
quality time to her child without having to worry about whether she will lose her job and her source of
income.
Duration of Maternity Leave in India: The Act has increased the duration of paid maternity
leaves to 26 weeks from the present 12 weeks. The extended period is applicable to women in case of the
first and second child. Women who are expecting after having 2 children, the duration of paid maternity
leave shall be 12 weeks i.e. 6 weeks pre-delivery and 6 weeks post-delivery.
Conclusion:
As per Section 12 of the Act, the sentence “vary to her disadvantage any of the conditions of her service”
is suitable to our given case, termination of the employee at the time of her pregnancy comes under this
Section and against the provisions of this Section, the employee is eligible for maternity leave of 26 weeks
and the termination is unlawful.
10. RETIREMENT ON PREGNANCY

A woman employee was terminated from the services on her first pregnancy according to the service
regulations. She wants to challenge the said service regulations. Advise her. (July-2019, May-2017, May-
2016 & May-2015).
• An employee was terminated.
• On her first pregnancy as per the service regulations.

Issue:
➢ Is Provision of retirement on the marriage or pregnancy constitutional? No, they are
discriminatory and violative of Articles 14, 15, and 16 of the Indian Constitution.
Rule:
The Constitution of India 1949
➢ Article 14: Equality before law The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth.
➢ Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
➢ Article 16: Equality of opportunity in matters of public employment.
Application:
Age of retirement and pregnancy bar of air-hostess: In Air India vs. Nargesh Meerza, the Regulation 46
of the Air India Regulation provided that an air hostess would retire from the service of the corporation
upon attaining the age of 35 years, or on marriage, if it took place within four years of service or on first
pregnancy, whichever occurred earlier. Under Regulation 47, the Managing Director had the discretion to
extend the age of retirement by one year at a time beyond the age of retirement upto the age of 45 years
if an air hostess was found medically fit. The Regulation did not prohibit marriage after four years and if
an Air Hostess after having fulfilled the first condition became pregnant, there was no reason why
pregnancy should stand in the way of her continuing in service. The Supreme Court struck down the Air
India and Indian Airlines Regulations on the age of retirement and pregnancy bar on the services of air
hostesses as unconstitutional on the ground that the conditions laid down therein were manifestly
unreasonable and arbitrary and clearly violation of Article 14 of the Constitution. Having taken in service
and after having utilised her services for four years to terminate her service if she becomes pregnant
amounted to compelling the poor Air Hostess not to have any children and thus interfered with and divert
the ordinary course of human nature. The termination of services of Air Hostesses in such circumstances
was not only a callous and cruel act but an open insult to Indian womanhood – the most sacrosanct and
cherished institution. The provision for extension of service of Air Hostess “at the option” of the
Managing Director conferred a discretionary power without laying down any guidelines or principles and
liable to be struck down as unconstitutional. Under the Air India Regulations the extension of the
retirement of an Air Hostess was discriminatory entirely at the mercy and the sweet will of the Managing
Director and the conferment of such a wide and uncontrolled power on the Managing Director suffered
from the vice of excessive delegation of powers.
Conclusion:
The given case is similar to the landmark case of Air India vs. Nargesh Meerza, which we have discussed
above, and the provision to terminate the service on first pregnancy is unconstitutional and arbitrary. The
Air Hostess can approach the High Court under Article 226 or Supreme Court under Article 32 by quoting
the above said landmark case and will be reinstated by the Court.
*****

Law Relating To Women

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Law Relating To Women

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LAW OF WOMEN – 6th Semester

Sl IMPORTANT QUESTIONS REPEATED

Harinath Janumpally – 9440629864. 1

4 A DIVORCED HINDU WOMAN CLAIMS CUSTODY OF HER MINOR CHILDREN 2

PAPER-III: OPTIONAL - LAW RELATING TO WOMEN – SYLLABUS

ANSWERS TO IMPORTANT QUESTIONS

1. DISCUSS BRIEFLY THE STATUS OF WOMEN IN ANCIENT INDIA.

Harinath Janumpally – 9440629864. 2

Women in the Vedic and the post Vedic Periods:

Harinath Janumpally – 9440629864. 3

Status of women during the Epic period:

Women during the Period of Dharmashatras and Purans:

2. PROVISIONS IN THE INDIAN CONSTITUTION FOR THE PROTECTION OF GENDER JUSTICE.

Harinath Janumpally – 9440629864. 4

SPECIAL INITIATIVES FOR WOMEN

Harinath Janumpally – 9440629864. 5

3. UNIFORM CIVIL CODE

Background of Uniform Civil Code

UCC and Implications

Harinath Janumpally – 9440629864. 6

o Presence of so many laws creates confusion, complexity and inconsistencies in the

Harinath Janumpally – 9440629864. 7

2. Law for maternity benefits:

Harinath Janumpally – 9440629864. 8

A. 26 weeks of paid maternity leave

4. Law for equal pay:

Harinath Janumpally – 9440629864. 9

Origin of Child Marriage in India

Reasons responsible for Child Marriages

Effects of Child Marriage

Harinath Janumpally – 9440629864. 10

Laws against the Child Marriage in India

Hindu Marriage Act, 1956 Section 13:

Harinath Janumpally – 9440629864. 11

Muslim Personal Law

6. SECTION 125 OF CrPC – MAINTENANCE.

Scope and objective of Proceedings

Order for maintenance of wives, children and parents

Harinath Janumpally – 9440629864. 12

Essential conditions for granting maintenance

Harinath Janumpally – 9440629864. 13

4. Quantum of maintenance: Quantum of maintenance means the amount of maintenance. Quantum of

7. RESTITUTION OF CONJUGAL RIGHTS.

Harinath Janumpally – 9440629864. 14

Harinath Janumpally – 9440629864. 15

8. BIGAMY - SECTION 494 OF IPC.

Essentials of Section 494 of IPC

Who can file a complaint?

Conversion for the purpose of polygamy

Harinath Janumpally – 9440629864. 16

9. ADULTERY (Sec 497 of IPC).

Understanding the term adultery

Harinath Janumpally – 9440629864. 17

Social evils of dowry

Legal framework in India for prohibiting dowry

Harinath Janumpally – 9440629864. 18

11. MTP ACT (Medical Termination of Pregnancy Act, 1971).

Harinath Janumpally – 9440629864. 19

Consent for Abortion:

12. EXPLAIN THE LAW RELATING TO PRE-NATAL DIAGNOSTIC TEST IN INDIA.

Harinath Janumpally – 9440629864. 20

Why does female foeticide take place?

Causes Attributing To Female Foeticide: Primary causes