LL.

B (HONS) 3 YDC – Semester- VI

IMP Questions and Answers for all Subjects

Paper- VI: Law Relating to Women and Children

1. Gender Justice.
Women are deprived of economic resources and are dependent on men for their
living. Women works are often confined to domestic sphere, she had to do all house
hold works, which are not recognized and unpaid. In modern times many women are
coming out to work but has to shoulder the double responsibility; one she has to work
where she is employed and secondly she also has to do all the house hold works,
moreover, she is last to be considered and first to be fired as she is considered to be
less productive than her counterpart. Her general status in the family and in the
society has been low and unrecognized.

The root cause of all the evils practices faced by the women are:
1. Illiteracy,
2. Economic dependence,
3. Caste restrictions
4. Religious prohibition,
5. Lack of leadership qualities and
6. Apathetic and callous attitude of males in the society.

The Constitutional Provisions that provide for gender justice in India include Articles
14, 15, 16, 39, and 42. The details are as follows:
Article 14 provides for equality before the law, or for the equal protection of
laws. The State shall not deny to any person the equality before the law and
equal protection of laws with in the territory of India.
Article 15 prohibits the State to discriminate against any citizen on the grounds
only of religion, race, caste, sex, place of birth or any of them. It permits the
State to make special provisions for women and children.
Article 16 provides that there shall be equality of opportunity for all citizens
and they shall not be discriminated on the basis of religion, race, caste and sex.
Article 39(a) of the Constitution provides that the state in particular direct its
policy towards securing that citizen, men and women equally, have the right
to an adequate means of livelihood. Article 39(e) of the Constitution provides
that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength.
Article 42 provides for securing just and humane conditions of work and
maternity relief.
2. Equal rights for woman at work place?
On the grounds of gender equality, here are 12 rights an Indian woman holds in India

Women have the right to equal pay:

According to the provisions listed under the Equal Remuneration Act, one cannot be
discriminated on the basis of sex when it comes to salary, pay or wages. Working
women have the right to draw an equal salary, as compared to men.

Women have the right to dignity and decency:

In an event that the accused is a woman, any medical examination procedure on her
must be performed by -- or in the presence of another woman.

Women have the right against workplace harassment:

The Sexual Harassment of Women at Workplace Act gives a female the right to file a
complaint against any kind of sexual harassment at her place of work.
Under this act, she can submit a written complaint to an Internal Complaints
Committee (ICC) at a branch office within a period of 3 months.

Women have a right against domestic violence:

Section 498 of the Indian Constitution looks to protect a wife, female live-in partner
or a woman living in a household like a mother or a sister from domestic violence
(including verbal, economic, emotional and sexual) by the hands of a husband, male
live-in partner or relatives.

Female sexual assault victims have the right to keep their identity anonymous:
To ensure that her privacy is protected, a woman who has been sexually assaulted
may record her statement alone before the district magistrate when the case is under
trial, or in the presence of a female police officer.

Women have right not to be arrested at night:

Unless there is an exceptional case on the orders of a first class magistrate, a woman
cannot be arrested after sunset and before sunrise. In addition, the law also states
that the police can interrogate a woman at her residence only in the presence of a
woman constable and family members or friends.

Women have the right to register virtual complaints:

The law gives women the provision for filing virtual complaints via e-mail, or writing
her complaint and sending it to a police station from a registered postal address.
Further, the SHO sends a police constable to her place to record her complaint. This is
in case a woman is not in a position to physically go to a police station and file a
complaint.

Women have the right against indecent representation:

 Depiction of a woman's figure (her form or any body part) in any manner that is
indecent, derogatory, or is likely to deprave, corrupt or injure the public morality or
morals, is a punishable offence.

Women have the right against being stalked:

Section 354D of the IPC makes way for legal action to be taken against an offender if
he/she follows a woman, tries to contact her to foster personal interaction repeatedly
despite a clear indication of disinterest; or monitor the use by a woman of the
internet, email or any other form of electronic communication.

3. Maternity leave for Intended mother?

The Maternity Benefit (Amendment) Act 2017, passed by the Rajya Sabha in August
2016, has also been passed by the Lok Sabha in March 2017.

Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The
prenatal leave is also extended from six to eight weeks. However, a woman with
already two or more children is entitled to 12 weeks’ maternity leave. The prenatal
leave in this case remains six weeks.

The Act also provides for adoption leave of 12 weeks for a woman who adopts a child
under the age of three months. A commissioning mother is also entitled to a 12-week
leave from the date the child is handed over to her. A commissioning mother is defined
as “biological mother who uses her egg to create an embryo implanted in any other
woman” (the woman who gives birth to the child is called host or surrogate mother).
The Act further requires an employer to inform a woman worker of her rights under
the Act at the time of her appointment. The information must be given in writing and
in electronic form (email).

Female civil servants are entitled to maternity leave for a period of 180 days for their
first two live born children.

Before March 2017, the law provided following rights.

According to the Maternity Benefit Act female workers are entitled to a maximum of
12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-
natal leave. In case of miscarriage or medical termination of pregnancy, a worker is
entitled to six weeks of paid maternity leave. Employees are also entitled to one
additional month of paid leave in case of complications arising due to pregnancy,
delivery, premature birth, miscarriage, medical termination or a tubectomy operation
(two weeks in this case).

Source: Sec3-10 of the Maternity Benefits Act 1961, amended in 2017; Sec43 of the
Central Civil Service (Leave) Rules 1972.
4. National commission for women
The National Commission for Women was set up as statutory body in January 1992
under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt of
India) to:
Review the Constitutional and Legal safeguards for women;
Recommend remedial legislative measures;
Facilitate redressal of grievances and
Advise the Government on all policy matters affecting women.

In keeping with its mandate, the Commission initiated various steps to improve the
status of women and worked for their economic empowerment during the year under
report.

The Commission completed its visits to all the States/UTs except Lakshadweep and
prepared Gender Profiles to assess the status of women and their empowerment. It
received a large number of complaints and acted suo-moto in several cases to provide
speedy justice.

It took up the issue of child marriage, sponsored legal awareness programmes,

Parivarik Mahila Lok Adalat and reviewed laws such as Dowry Prohibition Act, 1961,
PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act,
1990 to make them more stringent and effective. Its organized
workshops/consultations, constituted expert committees on economic
empowerment of women, conducted workshops/seminars for gender awareness and
took up publicity campaign against female foeticide, violence against women etc. in
order to generate awareness in the society against these social evils.

5. Section 125 of CrPC

Criminal Procedure Code, 1973, Section 125 – This section provides for maintenance
not only to the wife but also to child and parents. Court may order a husband who has
sufficient means but neglects or refuses to maintain his wife who is unable to maintain
herself to provide monthly maintenance to her. However, wife shall not be entitled to
receive maintenance if she is living in adultery, or refuses to live with husband without
any sufficient reasons, or living separately with mutual consent.

Cases:
Maintenance defined
Maintenance includes
(i) in all cases, provisions for food, clothing, residence, education and
medical attendance and treatment;
(ii) in the case of an unmarried daughter also the reasonable expenses of
and incident to her marriage, Section 3(b), Hindu Adoption and
Maintenance Act, 1956.
 Maintenance necessarily must encompass a provision for residence. Maintenance is
given so that the lady can live in the manner, more or less, to which she was
accustomed. The concept of maintenance must, therefore, include provision for food
and clothing and the like and take into account the basic need of a roof over the head,
Mangat Mal v. Punni Devi, (1995) 6 SCC 88.

Wife defined
“Wife” Includes a woman who has been divorced by or has obtained a divorce from,
her husband and has not remarried, Section 125(1) Explanation (b), CrPC 1973.

“Wife” in Section 125 CrPC means a legally wedded wife and also includes a divorced
wife, D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469.

6. Uniform Civil Code

Uniform civil code is the ongoing point of debate regarding the Indian constitution's
mandate to replace personal laws based on the scriptures and customs of each major
religious community in India with a common set of rules governing every citizen.
Article 44 of the Directive Principles expects the state to apply these while formulating
policies for the country.

Apart from being an important issue regarding secularism in India & fundamental right
to practice religion contained in Article 25, it became one of the most controversial
topics in contemporary politics during the Shah Bano case in 1985. Although Article
44 of the Indian Constitution guarantees UCC to all citizens, the debate arose when
the question of making certain laws applicable to all citizens without abridging the
fundamental right of right to practice religious functions. The debate then focused on
the Muslim Personal Law, which is partially based on the Sharia law, permitting
unilateral divorce, polygamy and putting it among the legally applying the Sharia law.

Personal laws are distinguished from public law and cover marriage, divorce,
inheritance, adoption and maintenance. Goa has a common family law, thus being the
only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits
any citizen to have a civil marriage outside the realm of any specific religious personal
law.

Personal laws were first framed during the British Raj, mainly for Hindu and Muslim
citizens. The British feared opposition from community leaders and refrained from
further interfering within this domestic sphere.

The demand for a uniform civil code was first put forward by women activists in the
beginning of the twentieth century, with the objective of women's rights, Equality and
secularism. Till Independence in 1947, a few law reforms were passed to improve the
condition of women, especially Hindu widows. In 1956, the Indian Parliament passed
Hindu Code Bill amidst significant opposition.
7. Rape
Rape is one of the most heinous crime to the social environment. With the passage
time, this issue has created lot of distorted effect and seems that Law have provided
unclear picture to the society.

India is a country where women hold high status in the society but still, we do not
have strict measures to protect them. We have various laws strictly framed to protect
their life but seemed to have many loopholes. Rape is considered as a most heinous
crime done on women and statistic states that it is quite prone in India. We have
various laws to regulate such heinous crime but when it comes on the implementation
part, we lack somewhere or we need to make an attempt to have a hold upon it.

Thus, abruptly leads in interpreting the crime in diversified way which sometimes even
leads to miscarriage of justice. The change in definition of rape is due to the liberal
interpretation of the term. It is the need of the hour and we have to move according
to the present scenario. Legislature and Judiciary are trying to curb this issue defining
these terms in a more concrete manner.

In India, it is defined as intentional and unlawful sexual intercourse with a woman

without her consent. The essential elements of this definition under Section 375 of
the Indian Penal Code are ‘sexual intercourse with a woman’ and the absence of
consent. The Section 375 made it clear that intercourse would account to rape only
during the absence of the woman’s consent. But the Delhi high court verdict seems to
modify the definition. This will come as a sigh of relief to the women across the
country. But its definition has taken a broader shape with the commission of the
crime.

Rape is the most heinous offence committed on a woman. It is worse than a murder.
Though, it is objectionable to state rape as a crime against whole social environment
but in some part of the world, it is considered that even women can commit rape
depending upon the definition rape in those regions. It is restricted only to the crime
against matriarchal social environment. Rape at present stage is the infringement of
women right and liberty. Rape is, for many feminists, the ultimate expression of
patriarchal order, a crime that epitomizes women’s oppressed status by proclaiming
in the loudest possible voice, the most degrading truth about women that a hostile
world has to offer.

8. Fraudulent Marriages.
Section 496, Indian Penal Code, 1860, punishes the offence of contracting a mock-
marriage, with object of achieving a dishonest or fraudulent purpose. The essence of
the offence is deception, whether of the other party to the marriage or a third person.
The Section is somewhat widely worded, but it is not to be construed so as to include
offence otherwise expressly provided for a person who contracts a bigamous marriage
 may become liable under this section, but bigamy is punishable otherwise and it is not
contemplated here. The essence of the offence here is that the marriage ceremony
should be fraudulently gone through and that there should be no lawful marriage. The
parties to the marriage, or at least one of the parties to the marriage must have
knowledge that there is no marriage, and of course, in that case only that party could
be available under this section.

Under Section 496, the woman, though a particeps criminis is excepted from
punishment for reasons which the Law Commissioners considered sufficient. But this
exemption has had to be withdrawn in the Punjab Frontier District, the North West
Frontier Province and Baluchistan. Section 496, has no application to a person who
without intending any deception goes through the form of marriage which he knows
to be invalid. It is a mock-marriage, but being not made dishonestly or fraudulently it
is not punishable under this section.

Section 496, is somewhat akin to Section 493, but from which it is easily
distinguishable. In the first place that section only affects the man, while this section
affects a person of either sex. That section again requires no form to symbolize
marriage – a mere verbal deception that the woman is married is sufficient, though if
the deception may as well be by going through a form of marriage – but it is not
necessary under that section though it is the very essence of this offence. Again, while
this offence is complete without cohabitation or the holding of a sexual intercourse
on faith of the marriage, it is a sine qua non of the offence punishable.

9. MTP ACT
The Union health ministry has drafted a fresh Medical Termination of Pregnancy
(MTP) (Amendment) Bill, 2019 which is under inter-ministerial consultation. As the
government has taken too long to bring the proposed amendments into force, the
aged and outdated MTP Act 1971, ignoring the pace of changing times and medical
advancements, continues to be a hindrance in reproductive rights of women in
modern India, women health rights activities claim. The Bill is yet to be introduced in
either houses of parliament.

The Medical Termination of Pregnancy (MTP) Act 1971 a law that was considered
ahead of its times legalized abortion in India up to 20 weeks of pregnancy, based on
certain conditions and when provided by a registered medical practitioner at a
registered medical facility.

Conditions under the MTP Act under which a pregnancy may be terminated are
continuation of the pregnancy would involve a risk to the life of the pregnant woman
or cause grave injury to her physical or mental health. Also, substantial risk that the
child, if born, would be seriously handicapped due to physical or mental abnormalities;
pregnancy is caused by rape (presumed to constitute grave injury to mental health)
 and pregnancy is due to failure of contraceptive in a married woman or her husband
(presumed to constitute grave injury to mental health).

Why is it important to amend the MTP Act 1971?

According to a study published in the Lancet Global Health, 15.6 million abortions
occurred in India in 2015 of which 78% of these were outside health facilities. Abortion
was legalised 50 years ago, yet 10 women die every year as a result of unsafe abortions
making unsafe abortions the third-leading cause of maternal deaths in the country.

Other barriers to safe abortion include the implementation of the Protection of

Children from Sexual Offenses Act, 2012 (POCSO Act), and the Pre-Conception Pre-
Natal Diagnostic Techniques Act, 1994 (PCPNDT) as result of which doctors hesitate to
provide abortion services to women and young girls. In recent past there have been
many PILs filed in courts seeking abortions.

10. Adultery
Section 497 of the Indian Penal Code was a section dealing with adultery. Only a man
who had consensual sexual intercourse with the wife of another man without his
consent could have been punished under this offence in India. The law became
defunct on 27 September 2018 by a judgement of the Supreme Court of India. The
Supreme Court called the law unconstitutional because it "treats a husband as the
master." However, it is still a sufficient ground for divorce as ruled by the Supreme
Court.

Law of Adultery as It Stands in India.

In India the law of adultery is punishable under section 497 of the IPC, but originally
the framers of the code did not make adultery an offence punishable under the Code,
it was the Second law commission which after giving mature consideration to the
subject, came to the conclusion that it was not advisable to exclude this offence from
the Code. Adultery figures in the penal law of many nations and some of the most
celebrated English Lawyers have considered its omission from the English Law as a
defect.

Section 497 [2] Provides: “Whoever has sexual intercourse with a person who is and
whom he known or has reason to believe to be the wife of another man, without the
consent or connivance of that man, such sexual intercourse not amounting to the
offence of rape, is guilty of the offence of adultery, and shall be punished with
imprisonment of either description for a term which may extend to five years or with
fine, or with both. In such a case the wife shall not be punishable as an abettor.

The law commissioners have limited the cognizance of this offence to adultery
committed with a married woman, and the male offender alone has been made liable
to punishment.
 Conclusion:
In light of the above critical analysis, it is very much apparent & beyond doubt, that
the prevailing law is not in consonance with the changed times, the law is neither
socially apt nor does it stand to the principles of equality, from absolute conservatism
to absolute liberty, the social fabric of our country has undergone a drastic change. It
is high time that Recommendations made by the Justice Malimath Committee and the
42nd Report of the Law Commission be taken into consideration religiously, and
necessary amendments be made to Sec. 497 IPC, so as to do away with the
irregularities, and in the interest of doctrine of equality.

11. International Conventions on Civil and Political rights of women.

The Convention on the Political Rights of Women was approved by the United Nations
General Assembly during the 409th plenary meeting, on 20 December 1952, and
adopted on 31 March 1953.

The Convention's purpose is to codify a basic international standard for women's

political rights.

In the aftermath of World War II, many countries had still not granted women full
political liberty. In 1952, the year before the Convention was adopted, women's
suffrage had been granted in less than 100 countries worldwide.

The main impetus for the legislation, and much of its drafting, came from the United
Nations Commission on the Status of Women. The Commission sent a survey about
women's political rights to its member states; the resulting replies became the basis
for the Convention.

The Convention was adopted on 31 March 1953.

Legacy:
The Convention entered into force on 7 July 1954. As of August 2015, it has 123 state
parties, comprising 122 United Nations member states plus the State of Palestine.
The Convention was the first international legislation protecting the equal status of
women to exercise political rights. Moreover, it was the first international treaty to
obligate its states to protect citizens' political rights. The Convention was one of the
United Nations' several efforts in the post war period to set standards of non-
discrimination against women; others were the Convention on the Nationality of
Married Women and the Convention on Consent to Marriage, Minimum Age for
Marriage and Registration of Marriages, brought into force in 1958 and 1964,
respectively.

The rights outlined by the Convention were incorporated into the later, more
substantial Convention on the Elimination of All Forms of Discrimination Against
Women. This later Convention, a wider-reaching and more straightforward legislation
for non-discrimination, was approved by unanimous vote in 1967.
12. Surrogacy.
Another name for Surrogacy. Surrogate mother is the substitute for the genetic-
biological mother. There are two types of surrogacy- traditional surrogacy and
gestational surrogacy.

 In traditional surrogacy, the child is thereby genetically related to both the

surrogate mother, who provides the egg, and the intended father or
anonymous donor.
 In gestational surrogacy, the child is thereby genetically related to the woman
who donated the egg and the intended father or sperm donor, but not the
surrogate.

Commercial surrogacy is a form of surrogacy in which a gestational carrier is paid to

carry a child to maturity in her womb and is usually resorted to by higher income
infertile couples who can afford the cost involved or people who save and borrow in
order to complete their dream of being parents.

Legal Insights (Evolution of Surrogacy Laws):

India legalised commercial surrogacy in 2002, the immense growth of surrogacy in
India led to an impeccable growth of several commercial firms and firms claiming
speciality in surrogacy law and guiding and assisting foreign tourists who came in
search of having an Indian mother rent her womb for the blessing of a child. Such
arrangements can be considered to be exploitative in nature as they are not only
encouraging baby selling but also diminish the dignity of women's reproductive
capacities and the inherent value of the children by modifying them.

This paved way for the establishment of various foreign companies in India, assisting
people coming round the globe and help them find a surrogate Indian mother,
assisting the foreigners in paper work related to surrogacy and assisting the child in
acquiring a passport and a visa to depart from the country.

The Surrogacy Bill:

The Surrogacy (regulation) bill, 2016 was introduced in Lok Sabha on 21st November,
2016 and on 12th January, 2017 it was referred to standing committee. Thereafter on
10th August 2017 the committee gave its report on the same to Lok Sabha and on the
basis of that report Lok Sabha passed the bill on 19th December 2018.

The Surrogacy bill, 2016 focuses on prevention of commercial surrogacy and

promotion of altruistic surrogacy. The bill also safeguards the surrogate mother and
child from exploitation. Surrogacy is a way by which an infertile married couple who
are eligible in accordance with the provisions of the bill can now bear a child with help
of a surrogate mother eligible as per provisions of the bill. However, the surrogate
 mother will not be given any monetary benefit or compensation for renting her womb
to intended couple except her medical and insurance expenses during pregnancy.

13. Law relating to Divorce.

Recently, on 11 September, Honourable Supreme Court cut down Cooling off period
for Divorce by six months under the Hindu Marriage Act 1976 and ruled that divorce
can be granted to couples without the provision of mandatory 18 month separation
period. Bench of Justice Adarsh Goel and Justice Uday U Lalit held that the cooling off
period of six months can be waived off by the courts with the mutual consent of the
couples. Bench underlined that Section 13B enables the parties to dissolve the
marriage by mutual consent if irretrievably broken down. Hence, it is not advisable to
force the parties to accept matrimonial relation if they are unwilling to do so.

A divorce is among the most traumatic occurrences for any couple. To add to this, it
can also be a long-winded and costly affair in India if divorce is contested. Even couples
who mutually agree to the divorce, however, must prove that they have been
separated for a year before the courts consider their plea.

In India, as with most personal matters, rules for divorce are connected to religion.
Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage
Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the
Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869.
All civil and inter-community marriages are governed by the Special Marriage Act,
1956. The divorce law works with some conditions and not in all situations.
A spouse can initiate to give a legal notice for divorce to the other spouse before
ending the husband and wife relationship.

There are types of divorce petitions and you will hereby, understand the procedures
on how to get divorce in India from wife. Divorce process in India, divorce rules in India
and the divorce laws in India are a little complicated. You can get help from a CA or a
legal expert.

14. Equal pay for Equal work.

“Pay Gap” or unequal pay is an issue which has become a matter of concern these
days due to an increase in the instances of discriminatory pay scales for the same type
of work. India still lacks a comprehensive and transparent wage policy for all the
sectors of the economy. This makes the issue of potential demand for equal pay a
matter of concern in recent times. Equal pay here relates not only to basic pay but
includes other benefits and allowances too.

The Indian Constitution recognized the principle of ‘Equal Pay for Equal Work’ for both
men and women, and ‘Right to Work’ through Article 39(d) and 41. These Articles are
inserted as Directive Principles of State Policy. This means that, they will serve as
 guidelines to the Central and State governments of India, which are to be kept in mind
while framing laws and policies.

Efforts are employed even on legislative fronts - Equal Remuneration Act, 1976 being
the prime one amongst them. The Act by means of Section 4 not only emphasizes on
equal pay for equal work but even bars the employer from reversing the pay scales in
order to attain equilibrium.

The principle of Equal Pay for Equal Work was first considered in Kishori Mohanlal
Bakshi v. Union of India in the year 1962 where the Supreme Court declared it
incapable of being enforced in the court of law. However, it received due recognition
only in 1987 through Mackinnon Mackenzie’s case2. Here the issue of concern was a
claim for equal remuneration for Lady Stenographers and Male Stenographers. This
was ruled in favour of lady stenographers as the Court was in favour of equal pay.

15. Section 112 of Indian Evidence Act.

Section 112 of the Indian Evidence Act, 1872 (hereinafter referred to as the Act)
relates to the legitimacy of a child born during wedlock. The law presumes that if a
child is “born during the continuance of a valid marriage between his mother and any
man, or within two hundred and eighty (280) days after its dissolution, the mother
remaining unmarried…”, it is conclusive proof of its legitimacy unless it can be proven
that the parties to the marriage did not have any access to one another.

The legislative spirit behind this section seeks to establish that any child born during a
valid marriage must be legitimate. The law does not presume dishonourable or
immoral actions unless conclusive proof can be produced for the same. Therefore,
section 112 is based on the presumption of public morality and public policy.

Loopholes in Section 112 of the Evidence Act:

The establishment of paternity under both, civil and criminal law, is extremely
important. The law presumes the legitimacy of a child born during a valid marriage as
conclusive. The only exception under the law is non-access between the parties. This
“non-access” refers to the non-existence of opportunities for sexual intercourse. This
creates a legal lacuna with respect to cases where paternity may be disputed even
when the parties had “access” to each other,

For example: in cases of adultery. In such a case, due to the standard of “conclusive
proof”, a party with a legitimate case trying to dispute paternity will find themselves
without remedy due to the inability to produce evidence. The exception to this law,
i.e. “non-access” is not wide enough to cover all possible situations under the ambit
of this law. Thus, the law is a draconian law based on morality with no relevance in
the modern era.

16. Maternity benefit.

 The Maternity (Amendment) Bill 2017, an amendment to the Maternity Benefit Act,
1961, was passed in Rajya Sabha on August 11, 2016, in Lok Sabha on March 09, 2017,
and received an assent from President of India on March 27, 2017.[2] The Maternity
Benefit Act, 1961 protects the employment of women during the time of her
maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work –
to take care for her child. The act is applicable to all establishments employing 10 or
more employees.

The provisions of The Maternity Benefit (Amendment) Act, 2017 are effective from
April 1, 2017. However, provision on crèche facility (Section 111 A) shall be effective
from July 1, 2017.

The Act regulates employment of women in certain establishments for a certain

period before and after child birth and provides for maternity and other benefits. The
Act applies to mines, factories, circus, industry, plantation and shops and
establishments employing ten or more persons, except employees covered under the
Employees State Insurance act, 1948. It can be extended to other establishments by
the state governments. There is no wage limit for coverage under the Act. The Central
Government is Appropriate Government in respect of the Circus Industry and Mines.

17. Domestic Violence.

Domestic violence is sadly a reality in Indian society, a truism. In the Indian patriarchal
setup, it became an acceptable practice to abuse women. There may be many reasons
for the occurrence of domestic violence. From a feminist standpoint, it could be said
that the occurrence of domestic violence against women arises out of the patriarchal
setup, the stereotyping of gender roles, and the distribution of power, real or
perceived, in society. Following such ideology, men are believed to be stronger than
women and more powerful. They control women and their lives and as a result of this
power play, they may hurt women with impunity. The role of the woman is to accept
her ‘fate’ and the violence employed against her meekly.

The Protection of Women from Domestic Violence Act (or the Domestic Violence Act)
is a laudable piece of legislation that was enacted in 2005 to tackle this problem. The
Act in theory goes a long way towards protection of women in the domestic setup. It
is the first substantial step in the direction of vanquishing the questionable
public/private distinction traditionally maintained in the law, which has been
challenged by feminists time and again.

Admittedly, women could earlier approach the Courts under the Indian Penal Code
(IPC) in cases of domestic violence. However, the kinds of domestic violence
contemplated by this Act, and the victims recognized by it, make it more expansive in
scope than the IPC. The IPC never used the term domestic violence to refer to this
objectionable practice. In fact, the only similar class of offences addressed by the IPC
dealt with cruelty to married women.
 All other instances of domestic violence within the household had to be dealt with
under the offences that the respective acts of violence constituted under the IPC
without any regard to the gender of the victim.

Review of Important Provisions

The Act, in a bold break from prior legislations, gives a very expansive definition to the
term “domestic violence”, a term hitherto not even used in legal parlance. Domestic
violence is defined in a comprehensive way in S.3 of the Act, comprising
Physical, mental, verbal, emotional, sexual and economic abuse,
Harassment for dowry,
Acts of threatening to abuse the victim or any other person related to her.

18. Bigamy
Bigamy was prevalent from time immemorial in different religions. There was a time
when it was common for a King to marry several women to expand their territory or
relation with other rulers.

India is a vast and diverse country. It consists of different religions, caste, and beliefs
of people. Accordingly, Personal laws govern people of different religions.

The principal law preventing Bigamy in India is Indian Penal Code but if personal laws
does not specifically mention Punishment for Bigamy or illegalize Bigamy, then a
person cannot be convicted for the offence of bigamy.

Bigamy is prohibited under Section 494 of the Indian Penal Code. The law states that,
whoever in the lifetime of existing husband/wife marries someone else, such marriage
by reason of it taking place during the lifetime of such husband or wife, should be
considered void and should be punished for such offence. If any person marries more
than once during the life of first husband or wife should be punished with
imprisonment which may extend to seven years, and shall also be liable to fine.

When is Bigamy an offence? What needs to be proved?

The following ingredients are required to prove by the prosecution: -
The Accused must be married
He must have contracted Second Marriage
The first marriage should subsist
The first husband/wife must be alive
Both marriages must have completed necessary ceremonies and must be valid.

Proofs required for lodging complaint in Bigamy

None. In the case of Neelaveni Vs. State Rep.By Insp.Of Police & Ors, where the
aggrieved wife appealed a High court decision for quashing the charge sheet under
Section 406 and 494 of the Indian Penal Code. It was held “Report and the materials
 collected during the course of the investigation are required to be considered” and
“Truthfulness or otherwise of the allegations is not fit to be gone into at this stage as
it is always a matter of trial.”

Even though no evidence is required to lodge a complaint, it is always useful to collect

evidence as mentioned above to solidify case in trials.

19. Dowry harassment.

The dowry system in India refers to the durable goods, cash, and real or movable
property that the bride's family gives to the bridegroom, his parents, or his relatives
as a condition of the marriage.

Dowry stemmed from India's skewed inheritance laws, and the Hindu Succession Act
needed to be amended to stop the routine disinheritance of daughters. Dowry is
essentially in the nature of a payment in cash or some kind of gifts given to the
bridegroom's family along with the bride and includes cash, jewellery, electrical
appliances, furniture, bedding, crockery, utensils, vehicles and other household items
that help the newlyweds set up their home. Dowry is referred to as Dahez in Arabic.
In far eastern parts of India, dowry is called Aaunnpot.

The dowry system can put great financial burden on the bride's family. In some cases,
the dowry system leads to crime against women, ranging from emotional abuse and
injury to even deaths. The payment of dowry has long been prohibited under specific
Indian laws including the Dowry Prohibition Act, 1961 and subsequently by Sections
304B and 498A of the Indian Penal Code.

The Dowry Prohibition Act 1961,defines dowry in the following words: “Dowry means
any property or valuable security given or agreed to be given either directly or
indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the
parents of either party to a marriage or by any other person to either party to marriage
or to any other persons; at or before or after the marriage as consideration for the
marriage of the said parties, but does not include dower or mahr in the case of person
to whom the Muslim Personal law applies"

A court judgement clarifies the legal definition of dowry as

"Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a
demand for property of valuable security having an inextricable nexus with the
marriage, i.e., it is a consideration from the side of the bride's parents or relatives to
the groom or his parents and/or guardian for the agreement to wed the bride-to-be.

The Dowry Prohibition Act, 1961 article 3 specifies that the penalty for giving or taking
dowry does not apply to presents which are given at the time of a marriage to the
bride or bridegroom, when no demand for them have been made.
 Although Indian laws against dowries have been in effect for decades, they have been
largely criticised as being ineffective. The practice of dowry deaths and murders
continues to take place unchecked in many parts of India and this has further added
to the concerns of enforcement.

Section 498A of the Indian Penal Code required the bridegroom and his family to be
automatically arrested if a wife complains of dowry harassment. The law was widely
abused and in 2014, the Supreme Court ruled that arrests can only be made with a
magistrate's approval.

LONG ANSWERS

1. Discuss briefly status of women in Ancient India.

Status of Women in Ancient India:
Every human society is invariably characterised by social differentiations. Gender
based differentiation is one. Men had the role of earning and women had the role of
reproduction of heirs and home making. A historical understanding of status of
women in early Indian society shows a declining trend in the position of women. The
historical analysis of the position of women in ancient India shows that women did
not share an equal position with men.

Women were recognised only as wives and mothers. Their position was as subordinate
to men. The Indian patriarchal society that dominates the social, political and
economic life of people in the country has never encouraged its women in any field,
except kitchen! Indian women are relatively disempowered and they enjoy lower
status than that of men from times immemorial.

The root to the participation of women in politics can be traced back to 19th century
reform movement. Social reformers thought that social change could be initiated by
educating women and bringing progressive legislation. Social evils can be eradicated
by raising consciousness and making people sensitive to injustice done to women.
1. STATUTES DURING PERIOD OF ARYAN: There was old cultural of Aryans and
Dravidians during this period Vedas and puranas were returned by rishi during
his period women have great respect and she was called as goddess such as
devi, Durga, Lakshmi there was no liberty to women and no proper education
and her respect was within four walls of the house
2. STATUES DURING PERIOD OF KING: AFTER ARYAN administration was carried
by Mughal king Martha king and Rajput king during this period there was
exploitation of women in prostitution and also used as dancing girl during
period also there was less education of women and social evil of sati dowry
came in society.
3. STATUTES DURING BIRITISH PERIOD: During this period there was
improvement in statutes of women there was increase in education and some
 women used to do job joint family is a common and women was under control
of parents before marriage and in laws after marriage women was not given
much liberty during this period.
4. SATUTES AFTER INDEPENDENCE: After independent women have equal
statutes along with male over constitution came into force and it got equality
women has right of education and

Conclusion:
In ancient India, women were given recognition and significance and also constraints
were imposed upon them. The women belonging to upper castes and wealthy families
rendered a significant contribution in improving the well-being of the family and
community. They were provided with educational opportunities; they were engaged
in teaching professions and also developed their skills and abilities in carrying out the
administrative and political functions.

One of the major causes of decline in the number of girls was prevalence of the
practices of female infanticide and female foeticide. Within the course of time, these
practices were regarded as criminal practices and measures and programs were
formulated that would prevent them from taking place.

Women experienced number of factors that imposed detrimental effects upon their
well-being. These include, illiteracy, purdah system, forced child marriage, polygamy
and sati. They were not permitted to make any decisions on their own and were
dependent upon the male members of the family.

2. Explain the provisions relating to women in Indian Penal Code.

Legal provisions related to sexual offences against Women

Outraging Modesty of Women

The law (Section 354 IPC) makes it a special crime to use force against a woman, or
even threaten to use force, if the intention is to 'outrage her modesty'. It treats it more
seriously than normal and criminal force by allowing the police to make arrests for
such crimes without a warrant.

The law does not explain what 'outraging modesty' means. Courts usually make this
determination by looking at all circumstances surrounding the incident. The Supreme
Court referred to 'modesty' as feminine decency and a virtue that women possess
owing to their sex.

The punishment is jail time of between one and five years along with a fine.
Important: It is not enough that the victim's modesty is outraged. It is an offence only
when the accused intended or knew it to be likely that the acts in question would
outrage the victim's modesty.
Example: Ramesh pulls on Nina's clothes while playing Holi and rips her T-shirt apart.
It is a crime only if Ramesh intended or knew it to be likely that his acts would outrage
Nina's modesty.

Sexual Harassment
According to (Section 354A IPC), Sexual harassment is the:

 Unwelcome touching or other physical contact

 Asking or demanding sex or any other sexual activity
 Making remarks which are of a sexual nature

Showing pornographic material which may include videos, magazines, books etc.
There is a separate law on sexual harassment at workplaces - The Sexual Harassment
of women at workplace (prevention, prohibition and redressal) Act and Rules 2013.
There are provisions in the main criminal law (the Indian Penal Code or IPC) which are
different from the special law on sexual harassment:

The IPC is not limited to sexual harassment at the workplace, but punishes such
harassment done anywhere.

The IPC makes it possible to file a criminal complaint if you have been sexually
harassed, while the special law gives you the option of seeking civil remedies and
damages, involving your office administration.

The punishment for the first three kinds of sexual harassment is three years as
compared to the fourth type (making sexually coloured remarks) which is one year.
Peeping Toms punished

According to Section 354C IPC, it is a crime to look at or capture (say by means of a

photograph or video) a woman going about her private acts, where she thinks that no
one is watching her. This includes a woman:

 using a toilet, or
 who is undressed or in her underwear, or
 engaged in a sexual act.
 The legal term for such acts is voyeurism.

The punishment is jail time of between one and three years along with a fine. If
someone is found guilty of committing the same crime more than one time, the
punishment is jail time of between three and seven years along with a fine.

What if the woman agrees to have her photo taken?

 If the woman agrees to private photos, it is not a crime to take them. However, if she
expects them to remain with only certain people, then sharing them is a crime. The
law makes it clear that the woman has to expressly consent to both, watching/taking
pictures as well as sharing them, for it to not be an offence.

Illustration:
Naina lets Ajay take a few pictures of her while nude for him to work on his sketch.
Ajay shares those photos with his friends on WhatsApp. This could amount to a crime
under the provision on voyeurism.

Stalking
According to Section 354D IPC, Stalking is continuously following a woman or
contacting her, Either online or in person Where she has clearly shown she doesn't
want the attention It is punished by three years for a first offence, and five years for
repeat offences. The section makes an exception if a person is stalking a woman as
part of a legal duty to do so.

Illustration:
Jeevan is a police officer tracking down a drugs shipment and has been monitoring
emails received by Stuti. This would be covered by the exception.

The punishment is jail time of up to three years along with a fine. If someone is found
guilty of committing the same crime more than one time, the punishment is jail time
of up to five years along with a fine.

3. Explain the dowry prohibition law an instrument of social change in India.

Introduction
Dowry is a social evil in the society, that has caused unimaginable tortures and crimes
towards women. The evil has taken lives of women from all status of society - be it
poor, middle class or the rich. However, it is the poor who succumb and fall prey to it,
more due to their lack of awareness and education.

It is because of the dowry system, that daughters are not valued as much as the sons.
In the society, many at times it has been seen that they are seen as a liability and are
often subjected to subjugation and are given second hand treatment may it be in
education or other amenities.

Today the government has come up with many laws and reforms, not only to eradicate
the dowry system, but also to uplift the status of the girl child by bringing in many
schemes.

It is now for the society at large to become aware and understand the situation. It up
to all of us to take active steps in bringing about the necessary change and stop either
giving or taking dowry. We must all know that we should start valuing our daughters
first, so that others know their value once they grow up.

Important steps to eradicate dowry

Educate your daughters
Encourage them to have their own career
Teach them to be independent and responsible
Treat them (your daughter) equally without any discrimination
Do not encourage the practice of giving or taking dowry
Effect on the public of the Dowry Prohibition initiative
The parents don't lay enough emphasis on educating their daughters, as they
feel that husbands will support them latter.
The Poorer sections of society who send their daughters out to work and earn
some money, to help them save up for her dowry.
The regular middle and upper class backgrounds do send their daughters to
school, but don't emphasize career options.
The very wealthy parents who happily support their daughters until they get
married and their ability to fork out a high dowry

Hence education and independence is one powerful and valuable gift that you can
give your daughter. This will in turn help her to be financially sound and be a
contributing member of the family, giving her respect and right status in the family.
So, providing your daughter with a solid education, and encouraging her to pursue a
career of her choice is the best dowry any parent can ever give their daughter.

Source: India parenting website

Law on Dowry in India

The Dowry Prohibition Act 1961 deals with dowry in India.

What is this law about?

 This Act prohibits the practice of giving or taking of dowry by either parties to
a marriage. This law also punishes demanding and advertising dowry.
 It imposes a duty on parties getting married to make a list of gifts and presents.
 If dowry has been exchanged at a wedding anyway, it imposes a duty on the
person who is given dowry to give it to the bride.

Note that the more serious crimes in relation to dowry such as dowry death and
cruelty from dowry demands are punishable under the general law on crimes – the
Indian Penal Code, 1860.

Who can be punished under this Act?

Any person who gives or takes dowry (minimum punishment of five years);
Any person who helps someone to give or take dowry;
 Anyone who in any way demands dowry;
Anyone who advertises and offers to give money or property in return for
marrying his son, daughter or relative;
Anyone who publishes these advertisements;
Anyone who does not hand over the dowry to the bride within the specified
time.

4. Discuss the law relating female foeticide in India.

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.

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. Despite rulings given
by the Supreme Court and various High Courts to make the existing law an
impediment, the courts have shown their hesitancy in sending the offenders off to jail.
The convicts in many cases have been let off only by a mere warning by the judge
which has led to a mass negative reaction from the legal fraternity as well as social
and academic activists. Lawyers and activists have unanimously demanded stringent
 punishment for the guilty while also fixing the accountability of the competent
authorities handling the cases of sex detection.

5. Explain the law relating to Pre-natal diagnostics in India.

Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of
the Parliament of India enacted to stop female foeticides and arrest the declining sex
ratio in India. The act banned prenatal sex determination. Every genetic counselling
centre, genetic laboratory or genetic clinic engaged in counselling or conducting pre-
natal diagnostics techniques, like in vitro fertilisation (IVF) with the potential of sex
selection (Preimplantation genetic diagnosis) before and after conception comes
under preview of the PCPNDT Act and are banned.

Salient features:
Offences under this act include conducting or helping in the conduct of prenatal
diagnostic technique in the unregistered units, sex selection on a man or woman,
conducting PND test for any purpose other than the one mentioned in the act, sale,
distribution, supply, renting etc. of any ultra sound machine or any other equipment
capable of detecting sex of the foetus. Main provisions in the act are:

The Act provides for the prohibition of sex selection, before or after conception.
It regulates the use of pre-natal diagnostic techniques, like ultrasound and
amniocentesis by allowing them their use only to detect:
Genetic abnormalities
Metabolic disorders
Chromosomal abnormalities
Certain congenital malformations
Haemoglobinopathies
Sex linked disorders.
No laboratory or centre or clinic will conduct any test including
ultrasonography for the purpose of determining the sex of the foetus.

No person, including the one who is conducting the procedure as per the law, will
communicate the sex of the foetus to the pregnant woman or her relatives by words,
signs or any other method.

Any person who puts an advertisement for pre-natal and pre-conception sex
determination facilities in the form of a notice, circular, label, wrapper or any
document, or advertises through interior or other media in electronic or print form or
engages in any visible representation made by means of hoarding, wall painting,
signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined
Rs. 10,000.

Amendment in 2003:
 Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
(PNDT), was amended in 2003 to The Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act (PCPNDT Act) to improve the regulation
of the technology used in sex selection.

Implications of the amendment are:

Amendment of the act mainly covered bringing the technique of pre
conception sex selection within the ambit of the act
Bringing ultrasound within its ambit
Empowering the central supervisory board, constitution of state level
supervisory board
Provision for more stringent punishments
Empowering appropriate authorities with the power of civil court for search,
seizure and sealing the machines and equipment’s of the violators
Regulating the sale of the ultrasound machines only to registered bodies.

6. Explain the significance of CEDAW in safeguarding the interests of women.

The realization of women’s human rights is at the centre of UN Women’s work. UN
Women is the UN organization dedicated to gender equality and the empowerment
of women. A global champion for women and girls, UN Women was established to
accelerate progress on meeting their needs worldwide.

UN Women supports UN Member States as they set global standards for achieving
gender equality, and works with governments and civil society to design laws, policies,
programmes and services needed to implement these standards. It stands behind
women’s equal participation in all aspects of life, focusing on five priority areas:
increasing women’s leadership and participation; ending violence against women;
engaging women in all aspects of peace and security processes; enhancing women’s
economic empowerment; and making gender equality central to national
development planning and budgeting. UN Women also coordinates and promotes the

UN system’s work in advancing gender equality.

Constraints on fundamental freedoms are daily realities for many women in the Asia
Pacific region. Educational and economic disparities between men and women,
inadequate female representation in politics and public life, a lack of understanding of
women’s human rights by law enforcement and judiciary, and the continuation of
harmful practices against women in the name of culture and religion legitimise
violations of women’s human rights, which perpetuate gender inequality.

All governments in the Southeast Asia region have made a commitment to advance
women’s human rights and remove discrimination against women through the
ratification or accession to the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), while countries such as Cambodia, the
 Philippines, Thailand, and Timor Leste have also progressed in ratifying or acceding
the Optional Protocol to CEDAW.

CEDAW is one of the core international human rights treaties of the United Nations
treaty system and is often referred to as the women’s bill of rights. CEDAW was
adopted by the UN General Assembly on December 19, 1979, coming into force as a
treaty on December 3, 1981. It is one of the most broadly endorsed human rights
treaties as of April 2014, having been ratified or acceded by 188 countries, while 104
countries have ratified or acceded the Optional Protocol. By signing onto the
Convention, governments in the Southeast Asia region have pledged to undertake
legal obligations to respect, protect, and fulfil human rights of women.

Across the region, existing laws have been amended, or new laws have been enacted
on domestic violence, sexual harassment and rape, and anti-trafficking. Many
Southeast Asian governments are also committed to mainstreaming gender equality
perspectives in national, economic and social planning, and allocating resources to
develop national action plans focused on anti-discrimination and women’s
empowerment.

However, obstacles undoubtedly remain. Clarity is still lacking in many countries on

the role of CEDAW in advancing women’s human rights. Many laws and policies do
not conform to CEDAW standards for gender equality, and many, while seemingly
focused on the advancement of women, fall short of their objectives because of poor
enforcement, limited capacity, and weak accountability. Furthermore, many women
do not understand what their rights are, and how to claim and exercise them.

To assist in the implementation of CEDAW across the regions, with the collaboration
of UN Women and the generous support of the Department of Foreign Affairs, Trade
and Development Canada (DFATD), two regional programmes are currently in place
to strengthen the implementation of CEDAW in Southeast Asia:
The CEDAW South East Asia Programme (CEDAW SEAP): Facilitating CEDAW
implementation towards the realisation of women’s human rights in South
East Asia; and
Regional Mechanisms to Protect the Human Rights of Women and Girls to
Southeast Asia programmes engage with countries in Southeast Asia, namely
Cambodia, Indonesia, Lao PDR, Myanmar, the Philippines, Thailand, Timor
Leste and Viet Nam; as well as with the ten member states of the Association
of Southeast Asian Nations (ASEAN), to facilitate in strengthening capacity
awareness of CEDAW and contributing to effective implementation strategies
across the region, as well as in national policies.

7. Write the salient features of the convention for eliminating of all forms of
Discrimination against Women (CEDAW).
Article 1 defines discrimination against women in the following terms:
Any distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of equality
of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
Article 2 mandates that states parties ratifying the Convention declare intent
to enshrine gender equality into their domestic legislation, repeal all
discriminatory provisions in their laws, and enact new provisions to guard
against discrimination against women.[5] States ratifying the Convention must
also establish tribunals and public institutions to guarantee women effective
protection against discrimination, and take steps to eliminate all forms of
discrimination practiced against women by individuals, organizations, and
enterprises.
Article 3 requires states parties to guarantee basic human rights and
fundamental freedoms to women "on a basis of equality with men" through
the "political, social, economic, and cultural fields."
Article 4 notes that "adoption of special measures aimed at accelerating de
facto equality between men and women shall not be considered
discrimination." It adds that special protection for maternity is not regarded as
gender discrimination.
Article 5 requires states parties to take measures to seek to eliminate
prejudices and customs based on the idea of the inferiority or the superiority
of one sex or on stereotyped role for men and women. It also mandates the
states parties "[t]o ensure...the recognition of the common responsibility of
men and women in the upbringing and development of their children."
Article 6 obliges states parties to "take all appropriate measures, including
legislation, to suppress all forms of trafficking in women and exploitation of
prostitution of women."
Article 7 guarantees women equality in political and public life with a focus on
equality in voting, participation in government, and participation in "non-
governmental organizations and associations concerned with the public and
political life of the country."
Article 8 provides that states parties will guarantee women's equal
"opportunity to represent their Government at the international level and to
participate in the work of international organizations."
Article 9 mandates state parties to "grant women equal rights with men to
acquire, change or retain their nationality" and equal rights "with respect to
the nationality of their children."
Article 10 necessitates equal opportunity in education for female students and
encourages coeducation. It also provides equal access to athletics, scholarships
and grants as well as requires "reduction in female students' dropout rates."
Article 11 outlines the right to work for women as "an unalienable right of all
human beings." It requires equal pay for equal work, the right to social
security, paid leave and maternity leave "with pay or with comparable social
 benefits without loss of former employment, seniority or social allowances."
Dismissal on the grounds of maternity, pregnancy or status of marriage shall
be prohibited with sanction.
Article 12 creates the obligation of states parties to "take all appropriate
measures to eliminate discrimination against women in the field of healthcare
in order to ensure access to health care services, including those related to
family planning."
Article 13 guarantees equality to women "in economic and social life,"
especially with respect to "the right to family benefits, the right to bank loans,
mortgages and other forms of financial credit, and the right to participate in
recreational activities, sports and all aspects of cultural life."
Article 14 provides protections for rural women and their special problems,
ensuring the right of women to participate in development programs, "to have
access to adequate health care facilities," "to participate in all community
activities," "to have access to agricultural credit" and "to enjoy adequate living
conditions."
Article 15 obliges states parties to guarantee "women equality with men
before the law," including "a legal capacity identical to that of men." It also
accords "to men and women the same rights with regard to the law relating to
the movement of persons and the freedom to choose their residence and
domicile."
Article 16 prohibits "discrimination against women in all matters relating to
marriage and family relations." In particular, it provides men and women with
"the same right to enter into marriage, the same right freely to choose a
spouse," "the same rights and responsibilities during marriage and at its
dissolution," "the same rights and responsibilities as parents," "the same rights
to decide freely and responsibly on the number and spacing of their children,"
"the same personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation" "the same rights for both
spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge
or for a valuable consideration."
Articles 17 - 24 These articles describe the composition and procedures of the
CEDAW Committee, like the hierarchical structure and rules and regulations of
systematic procedure of the relationship between CEDAW and national and
international legislation and the obligation of States to take all steps necessary
to implement CEDAW in full form.
Articles 25 - 30 (Administration of CEDAW)
These articles describe the general administrative procedures concerning
enforcement of CEDAW, ratification and entering reservations of concerned
states.

8. CEDAW is Magna Carta of Women Rights? Discuss.

This article is intended as an introduction to the fascinating world of women's human
rights through one of the most important instruments women around the world have
for the promotion and defense of our humanity. It is divided into three parts.

The first part describes the nature and content of the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW) itself, followed by an
introduction to the Committee that monitors the implementation of the Convention
by those States that have ratified it. The third part introduces the Optional Protocol
which is the complaints mechanism set up to give women the possibility to
communicate to the CEDAW Committee those discriminatory acts which they believe
violate their rights as set out in the Convention. Understanding the Convention
together with these two mechanisms can make it the most important instrument for
the realization of women's rights in every culture and region of the world. If the
CEDAW Convention has not yet achieved this status, it is because too many women
have not seen its potential.

I sincerely hope that this article may move things in that direction.

It expands State responsibility:

Precisely because it has a gender perspective, CEDAW is the first international
instrument that expands State responsibility to acts committed by private persons,
corporations or non-state institutions or non-governmental organizations. This is very
important because we know that discrimination against women and the violation of
our human rights is not limited to acts committed directly by public officials at the
State level.

It requires States to adopt concrete measures to eliminate discrimination against

women: Under international human rights law, States are obligated to respect, protect
and fulfil all those rights under a convention that the State has ratified. Therefore,
according to Article 2, States Parties must address all aspects of their legal obligation
to respect, protect and fulfil women's right to equality and non-discrimination. The
obligation to respect requires that States Parties eliminate laws, policies, regulations,
programs, administrative procedures and institutional structures that directly or
indirectly result in the unequal enjoyment by women of their civil, political, economic,
social and cultural rights.

It permits temporary measures, "affirmative action" or "corrective measures":

To achieve the goals of CEDAW and due to recognition of the historical imbalance of
power in the enjoyment of human rights between men and women, as well as the fact
that treating men and women exactly the same has not resulted in eliminating
discrimination, Article 4 of CEDAW provides that States may take temporary special
measures to accelerate the achievement of equality between the sexes without their
being interpreted as discriminatory against men.
It acknowledges the role of culture and traditions in the maintenance of discrimination
against women and requires States to eliminate stereotyped roles for men and
women: CEDAW recognizes the important role played by culture, tradition, religion,
customs, and practices in restricting the rights of women. Therefore, States should
take appropriate measures to eliminate stereotypes and practices relating to the roles
of men and women that promote a concept of inferiority or superiority of one sex with
respect to the other.

CEDAW also provides that the State must ensure that family education imparts the
belief in the need to share equally in duties and in the raising of children, and that in
all cases, parents should be guided by the interests of their children.

It defines discrimination and establishes the concept of substantive equality:

The contents of CEDAW revolve around three fundamental concepts or principles:
equality between the sexes, non-discrimination against women in all its forms, and
State responsibility for achieving equality and eliminating discrimination. Put another
way, the goal or objective of CEDAW is the elimination of all forms of discrimination
against women to achieve gender equality in all fields.

It strengthens the concept of indivisibility of human rights:

Another achievement of this Convention is that it is a concrete example of the
indivisibility of human rights, a principle that is often stated in the abstract but is rarely
expressed in concrete terms. According to human rights discourse, all rights are
indivisible and interdependent. It stresses that the promotion and enjoyment of
certain fundamental freedoms cannot justify the denial of other human rights and
fundamental freedoms. However, the reality is that more importance has been given
to civil and political rights versus economic, social, and cultural rights.

Conclusion
Because it is possible for women to be in situations where even if they are treated
exactly like men they may experience discrimination as defined by the CEDAW
Convention, and because women have specific needs in relation to our sexual
condition that are created by discriminatory gender structures, a convention was
necessary that not only ensured equality and prohibited discrimination but also
recognized rights and outlined concrete steps to realize them. Once UN States Parties
understood this, they adopted CEDAW and with time nearly all States have ratified it.

However, despite the fact that CEDAW is over 30 years old, the diversity and extent of
discrimination against women is still not universally understood. Many continue to
believe that formal equality and the elimination of explicitly sexist laws satisfies the
objectives of CEDAW. Use of the Optional Protocol by those women who feel
discriminated against will allow for a better understanding of the multiple forms that
discrimination can take. Shadow reporting by more women around the world will also
 increase understanding. This can only bring benefits to States as well as civil society as
a whole.

9. Examine the equal property rights of women in ancestral property in India.

The Married daughter have equal right in the parental property after the advent of
amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to
ancestral property. This disparity was removed by an amendment that came into force
on September 9, 2005.

The issue came up before the bench of chief justice Mohit Shah, judges MS Sanklecha
and MS Sonak after conflicting views on the matter expressed separately by a single
judge and a division bench.

A division bench had opined that the amendment applied to daughters born on or
after September 9, 2005. As regards daughters born before 9 September 2005, the
judges held that they would get rights in the property upon the death of their father-
coparcener (head of a joint family) on or after September 9, 2005.

The bench's final word:

The full bench disagreed with this and stated that the daughters would have equal
share in the ancestral property, irrespective of their date of birth.

"The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter
(between June 17, 1956 and September 8, 2005), provided they are alive on
September 9, 2005, that is on the date when the amendment act of 2005 came into
force," the judges observed in their order, running into 72 pages.

Now in the first case your mother and other sibling cannot claim the share as that was
gifted by you grandfather in his life time. However, all of the children (i.e. 3 sisters
including your mother and 1 brother) of your grandfather have equal right on the
other house and plot land.

The gift from father to his son is not part of ancestral property as the son does not
inherit the property on the death of the grandfather or receive it by partition made by
the grandfather during his lifetime. The grandson has no legal right on such property
because his grandfather chose to bestow a favour on his father which he could have
bestowed on any other person as well.

Thus, the interest which he takes in such property must depend upon the will of the
grantor and therefore, when the son has got the property from his father as a gift, his
sons or daughter cannot claim part in it calling it ancestral property. He can alienate
the gifted property to anyone he likes and in any way he likes. Such a property is
 treated as self-acquired property, provided there is no expressed intention in the deed
of the gift by the grandfather while gifting the property to his son. (C. N. Arunachala
Mudaliar vs C. A. Muruganatha Mudaliar)

Sons and daughters have property rights only on the properties that have devolved
upon their father and become ancestral property in the father’s hands.

10. Important provision for the welfare of women under various Labour and Industrial
laws.
List of protective provisions for women employees:

Some of the important protective provisions for safeguarding the interests of working
women are:
Safety/Health Measures
Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to
clean, lubricate or adjust any part of a prime mover or of any transmission machinery
while the prime mover or transmission machinery is in motion, or to clean, lubricate
or adjust any part of any machine if the cleaning, lubrication or adjustment thereof
would expose the woman to risk of injury from any moving part either of that machine
or of any adjacent machinery.

Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a
factory for pressing cotton in which a cotton opener is at work.

Prohibition of Night Work

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be
required or allowed to work in any factory except between the hours of 6 a.m.
and 7 p.m.
Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act,
1966 stipulates that no woman shall be required or allowed to work in any
industrial premise except between 6 a.m. and 7 p.m.
Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in
any mine above ground except between the hours of 6 a.m. and 7 p.m.

Prohibition of Sub-terrain Work

Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any part
of a mine which is below ground.

Maternity Benefit
The Maternity Benefit Act, 1961 regulates the employment of women in certain
establishments for certain periods before and after child-birth and provides maternity
benefits. The Building and Other Constructions (Regulation of Employment and
Conditions of Service) Act, 1996 provides for maternity benefit to female beneficiaries
of the Welfare Fund.
 Provisions for Separate Latrines and Urinals
Provision for separate latrines and urinals for female workers exist under the
following:
Rule 53 of the Contract Labour (Regulation and Abolition) Act, 1970.
Section 19 of the Factories Act, 1948.
Rule 42 of the Inter State Migrant Workmen (RECS) Central Rules, 1980.
Section 20 of the Mines Act, 1952.
Section 9 of the Plantations Labour Act, 1951.
Provisions for Separate Washing Facilities
Provision for separate washing facilities for female workers exists under the following:
Section 57 of the Contract Labour (Regulation and Abolition) Act, 1970.
Section 42 of the Factories Act.
Section 43 of the Inter-State Migrant Workmen (RECS) Act, 1979.
Provision for Creches:
Provision for creches exists under the following:
Section 48 of the Factories Act, 1948.
Section 44 of the Inter State Migrant Workmen (RECS) Act, 1979.
Section 12 of the Plantations Labour Act, 1951.
Section 14 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
Section 35 of the Building and other Constructions (Regulation of Employment and
Conditions of Service) Act, 1996.

11. Special provisions for women under the Factories Act.

Prohibition of work in Hazardous Occupations:
Section 22(2) of the Factories Act, 1948 prohibits women to work with
machinery in motion or in any case whatsoever.
Also, Section 87 of the Factories Act, 1948 empowers the State Government to
prohibit employment of women in dangerous operations.
The Factories Act also prohibits the employment of women in pressing cotton
where a cotton-opener is at work. There is a proviso that if the feed end of a
cotton-opener is in a room separated from the delivery end by a partition to
the roof or to such height as the inspector may in any particular case specify in
writing, women may be employed on the side of the partition where the feed
end is situated under Section 27.
Section 34 states that Maximum Permissible Load To safeguard women against
the dangers arising out of lifting to heavyweight, the Factories Act authorize
the appropriate Governments to fix the maximum load that may be lifted by
women.

Turning Point Precedents:

In Pearson v. Belgium Co. Ltd., The question was whether a woman could clean
the stationary parts of a machine if the machine as a whole is in motion. The
 Court held that even stationary parts of the machine could not be cleaned by
a woman if the machinery as a whole is in motion.

Prohibition of Night Work:

Section 66 (1) (b) The Factories Act, 1948 States that no woman shall be
required or allowed to work in any factory except between the hours of 6 a.m.
and 7 p.m.

Provisions for Separate Latrines and Urinals:

The Factories Act, 1948 makes it obligatory for every factory to maintain an
adequate number of latrines and urinals of the prescribed type separately for
men and women workers.
Such facilities are to be conveniently situated and accessible to workers at all
times while they are in the factory.
Every latrine is required to be undercover and so partitioned off as to secure
privacy and have a proper door and fastenings.
Sweepers are required to be employed to keep latrines, urinals and washing
places clean.
Standard of construction and the scale of the latrine accommodation to be
provided for men and women workers are contained in the rules framed by
the concerned state government.

Provisions for Separate Washing Facilities:

According to Section 42 (1)(b) of the Factories Act,1948 separate and
adequately screened washing facilities shall be provided for the use of male
and female workers. Such facilities shall be conveniently accessible and shall
be kept clean. However, the State Government is empowered to prescribe
standards of adequate and suitable facilities for washing.
Provisions of Information Center under Factories Act, 1948:
Each factory shall set up an information center for female workers to provide
them with information on the protection measures in accordance with the law
and the rules.

12. Law relating the prevention of immortal trafficking in India.

The preventive immoral traffic act 1956

This act is applicable to the whole of India except J&K (1) Definitions: BROTHEL:
Any house, room or a premise which is used for the purpose of sexual
exploitation. PROSTITUTIONS: Sexual exploitation or abuse of persons for
commercial purposes.
Punishments for keeping a brothel or allowing premises to be used as brothel:
a) Any person who keeps or manages in keeping the management of a brothel
shall be punishable for the term of 1st time- not less than 1 year not more than
 3 years For the term of 2nd year – not less than 2 years & not more than 5
years Fine up to rs.2000
Any person who being a tenant/owner/ agent/ landlord/ person in charge of
keeping the premises is intended to be used as brothel shall be punishable on
1st conviction for a term which may extend to 2yrs and the 2nd conviction for
a term may extend to 5 yrs. and the fine up to rs.2000
Punishments for living on the earnings of prostitutions: Any person earning
from the prostitution of 18 yrs. person, he/she shall be imprisonment for a
term which may extend to 2 yrs. or fine up to rs.1000 or both. if it is a child
earning means that person shall be punishable for a term of not less than 7yrs
& not more than 10yrs.
Procuring, inducing/ taking person for the sake of prostitution: -causes or
induces a person to carry on prostitution shall be punishable with rigorous
imprisonments for a term of not less than 3yrs & not more than 7yrs (1st time)
- for the 2nd time it shall extend to 14yrs. - in case of child it is not less than
7yrs but may extend to whole life - in case of minor, 7-14 yrs.
Detaining a person in premises where prostitution is carried on: - If a person
involves in sexual intercourse with a person other than spouse, such person
shall be punishable with either for a description for a term which shall not be
less than 7yrs or which may extend to 10yrs & shall also be liable to fine.
Prostitution in/in the vicinity of public place: Any person who carries on
prostitution & it is carried on: a) within a distance of 200mts of any place of
public religious worship, educational institutions, hostel, hospital, nursing
home or such other public place shall be punishable with imprisonment for a
term which may extend to 3 months.
If an offence is committed in hotel, the license also be liable to be cancelled.
The hotel should register under the sec 2(6) of the Hotels- Receipts tax Act,
1980
Special Police Officer & Advisory Body: -The special police officer shall not be
below the rank of an inspector of police. - A retired police officer (unless such
officer at the time of retirement) was holding a post not below the rank of
inspector. - A retired military officer holding a post not below the rank of
commissioned officer. - The special police officer of an area shall be assisted
by such number of subordinates as the state government may think fit.
Protective Homes: - state government may in its discretion establish as many
protective homes & corrective institutions under this act as its thinks fit. - no
person or no authority other than state government shall establish/maintain
any protective home or corrective institutions.
13.