Women

4
Feb

Special Task Force for Women reconstituted: L-G Delhi.

WRITTEN BY:
NIDHI CHANDRA

EDITED BY:
RACHIT MEHROTRA

A special task force (STF) for women safety has been reconstituted with the approval of Lieutenant Governor Anil Baijal, the Delhi government’s Home Department has said in a communication sent to the Delhi High Court.

Last year, The Union Home Ministry’s decision to disband the Special Task Force (STF) on women’s safety in Delhi drew sharp reactions from various women’s organizations which termed it a “regressive” step and blamed the Centre for not giving “due importance” to the issue.

“This is a regressive step on the part of the government. Such a move will weaken the resolve of creating safe and secure conditions for women,” said women’s rights activist Ranjana Kumari. The government, she said, instead of weakening and disbanding the existing institutions on women’s safety should rather work towards strengthening them. “People voted for Modi government so that issues related to women are addressed. But successive governments have failed to give due importance to the issues of women. “The government should work towards strengthening the existing institutions like NCW and DCW in terms of giving them more power, budget, and authority so that they can effectively address the issues related to women’s safety,” she said.

But today when the decision to reconstitute the 12-member task force was taken on January 17 pursuant to the High Court’s December 21, 2016, order asking the LG’s office to advise whether any special task force (STF) on women’s safety was in place in the national capital. The letter dated January 20 of the Home Department would be placed before the bench, which is hearing a PIL initiated on its own after the December 16, 2012, gang rape case, in which it has been giving directions from time to time with regard to improving crime investigation and protection of women in Delhi. The direction regarding the STF was issued when on the last date of hearing, Delhi Commission for Women (DCW) Chairperson Swati Maliwal expressed doubts over the existence of the task force, claiming that the LG had not called a meeting with regard to the safety of women in the national capital in last one year. The task force was established in 2013 following the December 16, 2012, murder and gang rape of a 23-year-old woman in a moving bus here. It was disbanded last year. The STF will be headed by Lieutenant-Governor Anil Baijal, and will have Delhi Chief Secretary, Delhi Police Commissioner, DCW chief, and Principal Secretary, Home Department (Delhi), Divisional Commissioner, Revenue, Transport Commissioner, Delhi, Police Commissioner, Special (Traffic), Special Commissioner of Delhi Police, Women Safety, Chairperson of the NDMC, Commissioners of all three municipal corporations (East, West, South), Excise Commissioner Delhi, Secretary Women and Child Development Department (Delhi), Secretary Social Welfare Department and a member from the Union Home Ministry – Union Territory Division among others, as its members.

Meeting every 15 days-
The meeting of the force will be held in every 15 days, the DCW chief said in a statement. The women’s panel said the STF had been formed in response to a notice issued by the High Court to the L-G on a DCW petition seeking response as to why no committee on women’s safety had been set up. The DCW said it had repeatedly appealed to the Home Minister and the then L-G Najeeb Jung on this issue, adding that in July 2016 the STF was disbanded.
“The Special Task Force was formed during the time of the Nirbhaya rape [case] and was chaired by the Home Secretary. The Home Department of the Delhi government issued orders for the reconstitution of the Special Task Force on January 17 after getting the L-G’s assent,” the statement read.

8
Jan

Untended lurking issues of Abortion

WRITTEN BY- Richa Shukla

Right to freedom of choice: an illusion

“A woman freedom of choice whether to bear a child or abort her pregnancy are areas which fall in
the realm of privacy.”- supreme court dictated its version of woman’s right to choice under the head
of right to privacy…and in yet another women centric judgement, the Supreme court on 27 th
October upheld the adult woman’s unimpeachable right to give birth or terminate pregnancy. These
judgements sing glories of advancing Indian legal system in sense of acknowledgement of woman’s
right as fundamental, but ironically the Medical Termination of Pregnancy Act 1971 reveals a
different picture all together.

Choice is not a factor for abortion under the MTP act. A woman cannot simply opt for termination of
pregnancy for the reason that she doesn’t want to be a mother, it only offers conditional allowance.
Abortions are predicated on reasons like a potential handicapped or malformed child, health of the
mother, rape, underage pregnancies, pregnancies in women of reduced mental capacity and failure
of contraceptions. Mere legalising abortion does not facilitate women’s right of personal autonomy,
a glaring mistake which is yet to get the recognition.

Justice delayed is justice denied:

A maxim which becomes even more relevant in the subject of pregnancy, since each day is
important. A delay of a few weeks may give the outcome of unchangeable circumstances. The
Supreme Court granted compensation of Rs. 10 lakh to a ten year old girl, whose plea could not be
accepted, on the advice of medical board considering the fact that she was 32 week pregnant when
she was finally able to approach the highest court after fulfilling all the legal proceedings which
includes firstly knocking the doors of lower courts. This compensation was made considering the
delay caused in the legal proceedings. I am drawn towards the question that why seeking advice and
intervention from court and medical boards becomes a punishment for the woman who is already
going through a mental trauma? It highlights the double violation inflicted on that pregnant woman.
Such delay, causing judgements to lose its relevancy is also a grief for the courts.
In January, a 35 year old HIV+ woman from Bihar was compelled to have a baby because the
paperwork got stuck at a government hospital for 4 precious weeks. The court rejected her plea, for
the reason that she was already in 26 weeks pregnant by then. Result- a life risking delivery.
In its recent judgement two days back, SC has asked to set up ‘permanent medical panels’ in every
state to address abortion pleas for quick delivery of justice. It considered the problem of crucial time
getting wasted in approaching courts. To place this suggestion of the sovereign court before the
competent authority to incorporate it in the proposed bill, is a wait which still prevails.

Underage pregnancy:

The queries at hospital suggest a rise in the number of adolescents seeking abortion. “the number of
school girls coming to us with pregnancy queries has increased remarkably. And the kind of
questions they ask definitely reflect increased physical intimacy,” said Dr Sunita Verma, consultant
gynaecologist at max health as quoted in Times of India.
A study conducted by a counselling agency revealed 95% of adolescent abortion seekers in the cities
are in the age group of 17 to 19 years.

Doctors show their concern about the gynaecological problems in future to the extent of infertility
and high incidence of sexually transmitted infections due to early sexual life. “one in 20 adolescent
contracts this infection every year, and half of all cases of HIV/AIDS is among the youth below 25
years”, said Sudha Tewari of Parivar Seva Sansthan.
Restricting the teenagers by strict ruling or creating unavailability of right to abortion is not the
solution since that will only lead to delivery of unwanted babies. More concerning is the health
issues, which will arise, since the girls at such tender age are not prepared to conceive, both
mentally and physically.

Due to the stigma attached to underage pregnancies, girls in such situations end up bearing the
brunt of it. With the easy availability of emergency contraceptive pills to terminate pregnancy, a
back seat is given to the surgical methods. Self-abortion and brotched-up abortions too, are
implemented as a way to terminate pregnancy by the adolescents.
Most of these abortions take place without the consent of the parents, which is requisite under the
eyes of law. However, the concerning point is adolescents engaging in the dangerous wrong
methods of termination due to lack of adult guidance and communication gap between parents and
teenagers. Considering the act right or wrong is upon the discretion of parents, but supporting the
child at such crisis is necessary. Openness and receptiveness can be wonderful healers of the
condition.

Advancement in technology is yet to be considered:

There is a ceiling of 20 weeks upto which a woman can opt for abortion if her condition match which
those given in the current form of MTP act. Approval of court is required to opt for abortion beyond
this ceiling if continuing such pregnancy poses a threat to either the mother or the baby’s life. In July
this year, a woman from Kolkata was allowed to terminate her 26 week pregnancy because the
foetus suffered from cardiac ailments. Close on her heels was the recent case of September, in
which the supreme court allowed a 13-year- old rape victim to abort her 32 weeks old pregnancy.
Such cases shed light on the broken legal system and the urgent need for amendments.
Dr. Duru Shah, who has, in the past, served as the president of FOGSI and as a member on the ethic
committee of the FIGO concurs. In his words, “the limit definitely needs to be extended upto 24
weeks, because medical advancements have ensured that it is perfectly safe and ethically sound to
terminate pregnancies at that stage.”
Doctors are of the view that it’s time to update the MTP act considering the technological
advancement in the medical field. Unless, such amendments are made, courts will be forced to
evaluate and rule on individual cases.


Conclusion:

Admirable is the fact that India was one of the first countries in the world to legalise abortion in
order to encourage family planning and population control. Indisputably, one prime objective was to
curb sex selective abortions. While the noble intent still remains, eventualities need consideration.
Though the amendment bill has been proposed, it still awaits to become a reality. The parenting is
questioned and indicates the cry for better rapport between parent and child.
The travesty of justice must never be entertained.

11
Aug

MODERN WOMEN SLAVERY


 Nitika, BBA LL.B. Lovely Professional University, Punjab

Trafficking in persons is a major concern for global nations. The technologyand usage of Internet and electronic commerce have been accompanied by an increase in exploitation and abuse of technology for criminal activities. Internet and E-Commerceare increasingly used as a tool and medium by transnational organised crime. Trafficking in women is an obvious form of organised crime that has been affected by the new technology. This new form of acrime violates fundamental and basic human rights and freedom, and transcends national boundaries and territories to negatively impact on numerous countries across the world. It is estimated that over 900,000 people are being trafficked every year[1] .

Woman trafficking is a significant problem that affects almost every country throughout the world, as a source, transit or destination country or a combination of these.Men and children can also be trafficked for a diverse range of other purposes, including forced labour in industries such as hospitality, construction, forestry, mining or agriculture; domestic and sweatshop labour; illicit adoption; street begging; forced recruitment into militia or armed forces; and the harvesting of body organs.[2]

While woman trafficking is not a new phenomenon, the electronic commerce is a new resource for woman traffickers to find women, sell women, and at the same time conceal their own identities.[3] Because of the highly unregulated nature of the Internet,[4] pimps and those who purchase trafficked women are able to use this platform for criminal purposes with minimal risk of prosecution.[5]Further, the Internet allows those who exploit enslaved women to share experiences with an expansive World Wide Web audience, thereby normalising the victimisation of trafficked women.[6]Finally, because Internet websites have global reach; this paper discusses the need for international legal cooperation to further develop human rights law by more explicitly criminalising Internet-facilitated women trafficking.

There are many online media through which pimps and human traffickers lure young women into the commercial sex industry under false pretences.[7] Pimps and human traffickers then use these websites to sell the women they’ve enslaved as commercial sex workers.[8]It can call E-Commerce women trafficking.Although Craigslist has been notorious for hosting an “erotic” services page, pimps and human traffickers increasingly solicit women via a range of Internet websites, chat rooms, and peer-to-peer file sharing servers to which they and the women they seek have ample access.

Impact of Internet and E-Commerce on women trafficking                     

As awareness of women trafficking increases, we are learning more about how the Internet and E-Commerce impact onwomen trafficking. Runaway and Homeless programs must recognise that the internet and social media function as tools with the potential to facilitate women trafficking. They can also be utilised to interrupt it. Social media and the internet, as well as other networking technologies, provide traffickers with the ability to connect with potential victims. Traffickers are also able to manipulate potential victims’ lives in “real-time” by utilising technology to text or share and tag photos on social net working sites.

The United Nations have worked extensively on women and new technology, playing a groundbreaking role by drawing international attention to the positive and negative sides of Internet in relation to empowerment of women.

  1. to information, decision-making in media, employment/entrepreneurship, Access stereotyping, participation/actives

The United Nations have played a ground-breaking role by drawing international attention to  positive – and negative – sides of Internet in relation to empowerment of women. The 1995 Beijing Declaration and Platform for Action has included among its main Areas of concern that of “Women and the Media”, including new technologies of communication. The World Summits on the Information Society (WSIS) of 2003, 2005 and 2015 and related outcome documents and Agendas have also promoted the role of women in digital world.

 

  1. b) Harassment and sexual violence, trafficking/modern slavery

The UN has sponsored the so-called Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, which does not mention explicitly the Internet. In November 2014, the UN Secretary-General Ban Ki-moon referred on the International Day for the Elimination of Violence against Women to issue of “the continued bullying of women on Internet.[9]

Conclusion:

The Internet, and ease of communication and electronic commerce it offers, has facilitated the trafficking of women around the globe. Traffickers and potential purchasers of trafficking victims are increasingly using Internet websites, chat rooms, and peer-to-peer file-sharing servers to recruit and sell women byelectroniccommerce. Those who exploit trafficked women can use Internet to share stories about their experiences with broad audiences, normalising otherwise abhorrent behaviour. To fully achieve the goals of United 2010, Journalof High Technology Law 289 Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and the goals of countries including the United States, Canada and Australia in reducing, preventing, and prosecuting those who sexually exploit women , international law addressing modern trafficking must reach Internet activity. The most comprehensive solution to stemming online womentrafficking is to develop an international agreement explicitly prohibiting such activity. In order to involve countries such as the United States, who might be wary of regulating expressive content, the agreement could specify that it is kind of conduct promulgated over Internet–and not content of speech promulgated there–that constitutes criminal human trafficking violations. Moreover, many members of international community should assent to adopting Internet-specific anti-trafficking provisions because they have already expressed their commitment to prohibiting trafficking activity under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and have established adomestic law which, in some cases, already reaches certain Internet activities. In the event that members of the international community would reject a new Internet-specific trafficking agreement, an optional protocol

to current Convention on Cybercrime could be adopted to protect women victimised by computer crimes arising out of countries who adopt the additional protocol. Further, an optional protocol could serve as a model for future legislation that would engage the broader international community. Eventually, comprehensive international law targeting internet-facilitated women trafficking could be established to protect those who are exploited by traffickers, paedophiles, and sexual deviants who covertly navigate the Internet to prey on the economic and social plight of women throughout the world.

 

[1] Judge MohmedChawki and Dr Mohamed Wahab, Computer Crime Research Center, March 05, 2005.

[2]Availableathttp://www.unglobalcompact.org/docs/issues_doc/labour/Forced_labour/HUMAN_TRAFFICKING_- _THE_FACTS_-_final.pdf

[3]Jacqui Cheng, Sheriff Files Lawsuit Over Craigslist’s Red-light District (Updated), ARS TECHNIA, Mar. 5, 2009, archived availableat http://www.webcitation.org/5o71Jedqo (describing the ease of making fairly anonymous postings on Craigslist).

[4] Infra text accompanying note 102.

[5]Id.

[6] See Explanatory Report; infra note 91, at 93.

[7]Matt Walberg, Sheriff Sues Craigslist as ‘largest source’ of Prostitution, CHICAGO BREAKING NEWS, Mar. 5, 2009, available at http://www.webcitation.org/5o5489MCj

[8] ASSOCIATED PRESS, Illinois: Sheriff Sues Craigslist, N. Y. TIMES, Mar. 5, 2009, availableat http://www.webcitation.org/5o54rzT5v.

[9]Availableathttp://www.un.org/sg/statements/index.asp?nid=8227.

7
Aug

Position of women under Hindu law

   

DISHA DHEEMAN, B.A. LL.B. SRMS                                     

               “  YATRA  NARYASTU  PUJYANTE  RAMANTE  TATRA  DEVATA

                    YATRETASTU  NA  PUJYANTE  SARVASTRAPHALA  KRIYA”

The meaning of this Sanskrit shloka is “Women are honoured where divinity blossoms there, and where women are dishonoured, all action no matter how noble remain unfruitful.”

WOMEN IN INDIA

Women are the integral part of our Indian society where they represent almost half of the population of the nation. They are well thought-out to be very near to nature but in spite of these things, the condition of women is not satisfactory in the male dominating society. There are facing many problems in today’s era like socio culture, political, economic, and many others from childhood to the age of her majority. There is a certain disgrace, inequalities, deprivation, unprivileged conditions, and many forms of inequalities. But now women are proving themselves whenever they are provided with an opportunity.

HISTORICAL BACKGROUND ON WOMEN’S SITUATION

The condition of women had not been the same in the various stages of history.

WOMEN IN THEIR STAGES

In the Vedic period, the women are of service to the equal rights those of men. They had a right to education and got the prestige position in the study of Vedas. Some of the women were very great and famous scholars like Ghosha, Apala, Matraiyee, Gargi. But in the Post Vedic age women’s condition got downfall. They become down trodden to the society. At that time they were facing the problem of inequalities or women’s condition rapidly down fall. In Gupta Period condition of women become poor as dowry become a major problem, child marriage, conditions for widows, economic rights, female feticides, parda pratha, jauhar, sati pratha etc. In British period some social reform movements took place regarding the condition of women.

Ishwar Chand Vidyasagar, Raja Rammohan Roy and other social reformers fight for them in which some are as follows:-

  • Sati Prohibition Act (1829)
  • Child Marriage Prohibition Act (1929)
  • Widow Remarriage Act (1856)
  • Hindu Property Inheritance Act (1937)

After Independence era women were given equal democratic rights but still they are facing so many cultural, socio and economic constant on women.

  • Gender discrimination and gender inequality
  • Education problem
  • Employment problem
  • Problems regarding health and nutrition
  • Dowry
  • Sexual violence and exploitation
  • Religious ignorance and other socio problems

Women’s position under Hindu law

“A Position of women must be honourable” with this fact Hindu law contributes a lot to the improvement of women in comparison to earlier situation of them.

Chapter 2, INTESTATE SUCCESSION include Sec 14 of the Hindu Succession Act, 19561 which clearly says about property of female Hindu to be her absolute property means any property (both movable and immovable) possessed by a Hindu female, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. And Sec 15 says about the general rules of succession in the case of a female Hindu.1

Mangat Mal v. Punni Devi, AIR 1996 SC 1461 in this case some property was given to a Hindu widow for her maintenance by the member of a joint Hindu family that property shall become her absolute property.

CHAPTER 3, MAINTENANCE include Sec 18 of The Hindu Adoption and Maintenance Act, 19561 says about the maintenance of wife from her husband on certain grounds. Sec 19 stated Maintenance of Widowed daughter-in-law. Constitution of India also provides special provision for the women.  Art 15(2) provide some relief and 15(3) special provision for women and children. Art 16 stated that there shall be equal opportunity for all citizens in a matter of employment or appointment to any office under the state2.

According to Marriage Laws (Amendment) Act, 1976 court decided that the amount of compensation from husband’s property to his wife and children once the marriage ends legally.

Sec 8 of HINDU ADOPTION AND MAINTENANCE ACT substituted by the Personal Laws (Amendment) Act, 2010 which says that any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption.

In the case of Duni Chand v. Paras Ram, AIR 1970 Delhi 2021 said that unmarried woman and divorced women can take in adoption.

Sec 9(2) of this Act also mention that father and mother have equal right to give a son and daughter in adoption.

Female member as Karta: Senior most male member is the Karta of the joint family. But now female can also be a Karta after the judgement of the Nagpur High Court3 that in the absence of adult male members, female can be the head of the family and her acts will be binding on others.

 

HINDU SUCCESSION (AMENDMENT) ACT 20054

Sec 6 of this Act has been amended in 2005 as mentioned below:

  • Daughter by birth become a coparcener in her own right as a son has.
  • If she had been a son, she has same rights in the property.
  • She can be subject to the liabilities in the same manner as the son.

This implies that now daughter is also very much capable of acquiring an interest in the coparcenaries property and this new transform allow daughters to start a joint family herself. There were more improvements as Dowry Prohibition Act, (1961) (1986), Child Marriage Restraint Act, (1978) etc.

SUM UP

In today’s era, there have been vast changes in the position of women in the structure of Hindu society. In spite of these amendments, there should be more changed to improve the equality through which a woman can’t feel inferior to herself.

The family court, social welfare department, human right commission are also a custodian of the women rights. This is not only about property, maintenance, divorce but also about the rights of women, that they are also a part of our society, a place should be privileged, must not be any kind of discrimination against them. There is a need of discussion of the stance that laws and public policy should take an action.

REFRENCE:

1 Hindu Law 2016 bare act

2 Constitution (100th Amendment Act,2015) of India

3 Modern Hindu Law, Dr, Paras Diwan

www.lawyersclubindia.com

 

Legal News Reporter

Disha Dheeman

BALLB(H), 3rd yr.

24
Jan

Women related law:- All compiled

The constitutional law is the parental law of all other in the India. The basic law provided under constitution of India for Women are under Article 14, 15, and 16;

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

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) Access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 16. Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

Further, the state is under moral obligation to make policy in favour of women under article 39 (a) and 42 of the constitution of India.

Article 39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing

(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) 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;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Article 42. Provision for just and humane conditions of work and maternity relief:

The State shall make provision for securing just and humane conditions of work and for maternity relief.

The constitution of India provides protection in general which is applicable in all other act passed, or will be passed in future by the parliament. Any law in violation of those principles enshrined in constitution are null and void. But constitution alone cannot protect all other specific rights of women therefore several statutes are enacted to provide specific protection of women rights and dignity such as;

  1. The Indian Penal Code,1860
  2. The Indian Evidence Act, 1872
  3. The Indian Christian Marriage Act, 1872 (15 of 1872)
  4. The Married Women’s Property Act, 1874 (3 of 1874)
  5. The Guardians and Wards Act,1890
  6. The Workmen’s Compensation Act, 1923
  7. The Trade Unions Act 1926
  8. The Child Marriage Restraint Act, 1929 (19 of 1929)
  9. The Payments of Wages Act, 1936
  10. The Payments of Wages (Procedure) Act, 1937
  11. The Muslim Personal Law (Shariat) Application Act, 1937
  12. Employers Liabilities Act 1938
  13. The Minimum Wages Act, 1948
  14. The Employees’ State Insurance Act,1948
  15. The Factories Act, 1948
  16. The Minimum Wages Act, 1950
  17. The Plantation Labour Act, 1951 (amended by Acts Nos. 42 of 1953, 34 of 1960, 53 of1961, 58 of 1981 and 61 of 1986)
  18. The Cinematograph Act, 1952
  19. The Mines Act 1952
  20. The Special Marriage Act, 1954
  21. The Protection of Civil Rights Act 1955
  22. The Hindu Marriage Act, 1955 (28 of 1989)
  23. The Hindu Adoptions & Maintenance Act, 1956
  24. The Hindu Minority & Guardianship Act, 1956
  25. The Hindu Succession Act, 1956
  26. The Maternity Benefit Act, 1961 (53 of 1961)
  27. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
  28. The Foreign Marriage Act, 1969 (33 of 1969)
  29. The Indian Divorce Act, 1969 (4 of 1969)
  30. The Contract Labour (Regulation & Abolition) Act, 1970
  31. The Medical Termination of Pregnancy Act, 1971 (34 of 1971)
  32. Code of Criminal Procedure, 1973
  33. The Equal Remuneration Act, 1976
  34. The Bonded Labour System (Abolition) Act, 1979
  35. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
  36. The Family Courts Act, 1984
  37. The Muslim women (Protection of Rights on Divorce) Act, 1986
  38. Mental Health Act, 1987
  39. National Commission for Women Act, 1990 (20 of 1990)
  40. The Protection of Human Rights Act, 1993 [As amended by the Protection of Human Rights (Amendment) Act, 2006 – No. 43 of 2006]
  41. Juvenile Justice (Care and Protection of Children) Act, 2000
  42. The Child Labour (Prohibition & Regulation) Act
  43. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
  44. The Prohibition of Child Marriage Act, 2006
  45. The Immoral Traffic (Prevention) Act, 1956
  46. The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)
  47. The Indecent Representation of Women (Prohibition) Act, 1986
  48. The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
  49. Protection of Women from Domestic Violence Act, 2005
  50. The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013
  51. केंद्र सरकार द्वारा महिलाओं का कार्यस्थल पर लैंगिक उत्पीड़न (निवारण, प्रतिषेध एवं प्रतितोष) अधिनियम, २०१३ की धारा २९ के अंतर्गत बनाये गये नियम

But the sad thing is that none of them except sati prevention Act, 1987 have been successful. The aim and objective of all of the said Act/s are yet to accomplish and none other than us will be a helping hand in accomplishing these objectives.

The specific provision for protection of women rights are discussed here under;

  • Adultery :- Adultery is a very serious crime against women in India and affects married women by and large. In simple words adultery means having voluntary sexual relationship with a married person other than the spouse. The offence of adultery is dealt with by section 497 of the Indian penal Code, 1860, which says adultery means sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape. However we may find different meaning of adultery in different laws in different countries. Initially only men were punished under the law of adultery in India but now men and women both are equally responsible for committing the crime of adultery. As per section 497, the offender shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as a partner in crime.
  • Child marriage :-Child marriage is a very awful offence against child as it does not only harms the future of child but also damage social values. Further the doctors have also revealed that child marriage is a very big reason for bad health condition for girl child. Child marriage restricts the social development along with reduction in the educational and employment opportunities in the global market. It was like a burden on society to practice this unwritten custom. The major step was taken by the Law Commission of India by fixing the minimum age for marriage which is 18 years for girls and 21 years for boys. Another major step was mandatory primary education and moreover for girls provision for free education provided by the Government of India.
  • Female feticides:Female feticide means identifying and killing of female fetus before they take birth. This is the most brutal way of killing women. The custom of female feticide is practiced by the society form ancient times and it is really shameful to note that even today, when we considers ourselves educated and civilized, this custom is practiced in a big manner. Government has taken so many steps to spread awareness among people about the consequences of this crime. Many awareness programs are conducted by the Government to spread the awareness about the physical, mental and social effect of this practice. Punishment of 3 years imprisonment and Rs. 10,000 fine has been prescribed by Pre conception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection) Act, 1994, for the offence of Female feticides.

In a recently development Maharashtra government has recommend to the center that the crime of female feticide should be treated as murder. To ensure this amendment in Pre conception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection) Act, 1994, (PCPNDT Act, 1994) would become necessary. This provision will bring this crime within the category of murder under section 302 of the Indian Penal Code (IPC).

  • Trafficking and Prostitution :-Trafficking means import and export of humans for sex business. It is indeed very sad to learn that in India, where women are recognized as Devi and prayed by all Indian’s as Devi Shakti, they are also treated as a source of earning by unethical means. Prostitution is one of the biggest problems in this world which is damaging the women in many ways. In general, the term prostitution means offer of sexual services for earning money. Prostitution is a problem which exists across the world. There are quite a few laws in India in order to prevent the crime of prostitution like Suppression of Immoral Traffic in Women and Girl Act 1956 and Immoral Traffic (Prevention) Act 1956. There are few commissions are made by state Government to save women and specially girls to protect them from this practice.
  • Domestic Violence:- Domestic violence has become a very serious problem for women. In general the term Domestic violence means mental, physical, emotional and economical harassment of a woman by family members. For the purpose of domestic violence family includes spouse, his mother, father, brother, sister, his relatives and sometimes even friends. We call ourselves educated and talk too much about morality, ethics and civilization and expect others to be good to create a dream world but forget that without giving due respect to the women, a nation’s growth is impossible. Now in India domestic violence is recognized as a criminal offence under section 498A of Indian Penal Code, 1860. Domestic violence means cruelty by husband towards women. Cruelty can be done by physically, mentally, economically or emotionally.

An act called Domestic violence Act, 2005 was introduced to handle the cases of Domestic violence in India. This act is a very noteworthy attempt in India to recognize domestic violence as a punishable offence. Before the introduction of this act two kinds of remedies were available to a women affected by Domestic violence. These two remedies were divorce through civil courts and application of section 498A through criminal courts.

  • Eve teasing: – It is a general perception that eve teasing is not a big crime like rape or murder and may be because of that we don’t take it seriously. But from a women’s point of view eve teasing is also a very big crime as this activity does make her feel uncomfortable most of the times. Eve teasing usually involves teasing women, passing comments on women and making vulgar signs (eshare). A woman has to face this kind of irritating behavior and deal with this on daily basis. She can’t even fight back due to fear of disrespect by others as everyone will blame her and say that you must have done something to invite them. In case of eve teasing girl should not remain silent and raise her voice. She should inform her family members and simultaneously file a complaint in the nearest police station. In this case family should also support the women instead of locking her at home.
  • Acid Throwing:- Recently the issue of acid throwing on girls has also become a big issue. There are few types of acids and all are very dangerous for human flash and burn. This acid attack sometimes is so dangerous that even bones and eyes are also got damaged due to acid. Few victims are forced to leave their education or occupation due to the results of acid throwing. Now a days this has become very easy for people to get these acids and the cases of acid throwing has become very regular in daily life.

It is quite sad that despite of so many cases of acid attacks on women, we do not have a dedicated and specific law to deal with such cases. The National Commission for Women (NCW) is asked for a well defined law to deal with such casualties. The NCW has introduced a draft of the Prevention of Offences (by Acids) Act, 2008, which is with now with the Union Ministry of Women and Child Development for the purpose of vetting and final recommendations. Once the Union Ministry of Women and Child Development approved the Bill, it will be sent to the law ministry to be tabled in Parliament. After the approval in Parliament it will become applicable as law.

  • Fraudulent Marriage:- Before going into the details of Fraudulent Marriage let me explain the general meaning of fraud in relation to crime against women. Fraud means hiding something or giving false impression about something which a person knows that knowing the fact may harm his prospective marriage. The scope of fraudulent marriage has increased in the recent past as in India parents of a girl are very fond of NRI son in law. Parents want to settle their daughter with any rich NRI. Parents of brides don’t inquire too much about the NRI groom as they are happy that their daughter is going to marry a rich person who will fulfill her all demands and she will live a luxurious life in abroad. There blind faith on NRI’s may invite problems like false commitments, false details, second marriage and infertility. This is not necessary that fraudulent marriages only took place in case of NRI’s even Indian grooms also do the same for money or for boy child or for any other reason.
  • Exploitation at work place:- Though we all accept the truth that in today’s world women has come out of her image of house wife and proved herself as a better administrator then a man. In all sectors women are working hard and getting awards and rewards for that. She has crossed all the boundaries and shut the mouth of all those peoples who has ever questioned her working caliber.But she has to pay a very heavy price of her success as she has to face exploitation at work place do we ever think what boundaries she has crossed and how. What she had paid go get this position and power? How much pain she has felt to become this person.

Such act/s are prevented and punishable under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

  • Rape, murder: – Rape is another very serious crime against women and this crime is increasing day by day like anything. Reporting of rape and abduction cases has become very common in print and electronic media which is indeed a very sad affair for all of us. Increasing rape cases are enough to prove that our moral values are still very low and we still to learn how to respect the dignity of women at large.

In simple terms the word ‘Rape’ means sexual intercourse or sexual penetration, by another person without the consent of the other person or victim. Provisions related to rape are given in section 375 and 376 of the Indian Penal Code, 1860. Section 375 explains the pre-condition which are necessary to prove the offence of rape whereas section 376 provides punishment for the offence of rape. As per section 376, whoever commits the offence of rape shall be punished with imprisonment of either for a term which shall not be less than seven years (7) but which may be for life or for a term which may extend to ten years and shall also be liable to fine.

  • Dowry:- The system of dowry is another social evil which dragging women back from 100 of years as this evil has a very long history especially in India. Various dowry based domestic violence cases has been reported by media. There are ample legal provisions in India to provide relief to women in case of dowry based domestic violence cases. Civil law of India has prohibited the payment of dowry in the year 1961. Further Indian Penal Code, 1860 has introduced Sections 304B and 498A, which allows women to file complaint and seek restoration of her rights from serious harassment by the husband’s family.

    Dowry is one of the strong and biggest reasons of increasing domestic violence. Every year thousands of dowry deaths along with mental trauma cases reported and registered in India. In case of inadequate dowry, incidents like burning, suicides, physical and mental torture of women is very common by husband and his family. Keeping in view the increasing cases of dowry deaths another legislative provision called “Protection of Women from Domestic Violence Act 2005”, was introduced in order to reduce domestic violence cases and to protect women’s rights.

Women have always been seen as a victim from the time immemorial. They are subjected to discrimination, criminality, harassment, and inhumane treatment. Such a prospective of society fabricates yet another discrimination. My attempt is to show women as an evolution and the face of development of the society. The criminality against women is not only the death of her dignity but the human race as well.