Unit - I

Womens Movements in India After Independence!/Pre & Post constitution

period
There is a distinction between pre-independence and post-Independence womens
movements in India. The pre-independence movements were essentially about social
reforms and initiated by men. In comparison, the post-independence movement
demanded gender equality, questioned gender-based division of labor and highlighted
the oppressive nature of the existing patriarchal structure.
In the euphoria of post-independence, it was believed that womens status would
dramatically improve along with other marginalized groups because they were now
the masters of their destiny.
However, when this was not achieved there was an upsurge of various movements
which raised a number of issues around diverse subjects such as land rights, wages,
security of employment, equality, etc. Some of the issues on which women got
together were work, population policies, atrocities on women, including rape and
liquor.
After India gained independence from British rule in 1947, it was the Congress party
that came to power and formed the Government. The government made certain
attempts to fulfill the promises it had made to women during the pre-independence
period, and also in the initial period after independence.
While framing the Constitution of India, it included the very important aspect of
equality of men and women in all spheres of life. Article 14 of the Constitution of India
states that, The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
Article 15 states that The State shall not discriminate against any citizen on grounds
only of religion, race, sex, place of birth or any of them. Article 15(3) states that

Nothing in this article shall prevent the State from making any special provision for
women and children.
Article 16 states that There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State. According to
Veena Majumdar, The Constitutions radical departure from inherited social values
represented to women of that generation its greatest intrinsic quality.
For the women with definite memories of pre-independence society and of the
freedom struggle, the acceptance of gender equality in the constitution was the
fulfillment of a dream of womens entitlement to an independent identity. A number
of administrative bodies were set up for the creation of opportunities for women. A
number of women were inducted into the government.
In the two decades that followed, 1950s and 1960s, there was a lull in the activities of
feminists and in the womens movements in India. Women, however, started realizing
that the constitutional promise of equality did not by itself resolve the equality questions, especially in a country as diverse as India, which comprises different religions
and cultures.
The challenge of addressing inequality within women remains till this day. The
womens movement has not been able to decommunalise the issue. Womens
organizations and feminists did not know how to deal with the problems of women
belonging to different religious groups. By the time the feminist movement stepped
into the 1970s, minority identities had begun to harden. This divisive environment
affected Muslim women.
Religious fundamentalists tried to place the onus of preserving religio-cultural identity
on women. This identity syndrome, with women in the center, diverted attention away
from Muslim womens grim realities and the deviations from the actual Islamic
position.
Having been a secular movement, the womens movement found itself facing a
difficult challenge that it did not know how to handle. On the conceptual level, Indian

feminists were in a dilemma: how to assimilate Muslim womens issues into broader
feminist issues and, at the same time, safeguard their religious and cultural identity.
This has been most obvious in the case of Muslim Personal Law.
Placing Muslim womens issues within the confines of religion has further marginalized
them, and created hesitancy among the secular feminists in addressing their
problems for fear of hurting religious sentiments.
The 1970s also witnessed the split of the Indian Left Front. This led to a number of
doubts regarding their earlier analysis of revolution. New Leftist movements and ideas
emerged. A few streams of feminist movements also developed, such as the Shahada
movement, which was a Bhil tribal landless laborers movement against the
exploitation of the tribal landless laborers by non-tribal landowners. It began as a folk
protest, and became militant with the involvement of the New Left party.
It has been said that women were more active in the movement, and as their
militancy increased, they demanded direct action on issues specific to them as
women, such as physical violence and abuse as a result of alcoholism.
Groups of women would go from village to village, enter liquor dens and destroy liquor
pots and containers. If any woman reported physical abuse by her husband, all other
women would surround him, beat him up and force him to apologize to his wife in
public.
The formation of the Self-Employed Womens Association (SEWA) was probably the
first attempt made to form a Trade Union attached to the Textile Labor Union in
Ahmedabad. It was formed in 1972 at the initiative of Ela Bhatt, and was an
organization of women who were involved in different trades, but shared a number of
common features and work experienceslow earnings, extremely poor working
conditions (some worked at home, and others toiled on streets as vendors or
hawkers), harassment from those in authority (contractors, police, and so on), and
lack of recognition of their efforts as socially useful work.

SEWA aimed at improving the working conditions of women through a process of

training, technical aid, legal literacy, collective bargaining, and to teach values of
honesty, dignity and simplicity, the Gandhian goals to which SEWA subscribes.
The anti-price rise agitations in Maharashtra were the direct result of the drought and
famine conditions that affected rural Maharashtra in the early 1970s. These led to a
sharp price rise in urban Maharashtra. In 1973, the United Womens Anti-Price Rise
Front was formed to mobilize women against inflation.
Within no time, it fire balled into a mass womens movement for consumer protection
and the demand was for the government to fix minimum prices and to distribute
essential commodities. Huge groups of women, between 10,000 and 20,000, would
hold demonstrations at government offices, houses of Members of Parliament and
merchants, and those who could not get out of their homes would express their
support by beating thalis (metal plates) with lathis or belans (rolling pins).
This movement spread to Gujarat, where it was called the Nav Nirman movement. In
Gujarat, the movement started as a students movement against spiraling costs,
corruption and black marketeering. Soon, it became a massive middle- class
movement and thousands of women joined it. The methods included mock courts
where judgments were passed on corrupt state officials and politicians, mock funeral
processions, and processions to greet the dawn of a new era.
Women started participating in increasing numbers in the Naxalbari movement in
West Bengal and the Naxalite movement in Andhra Pradesh, the Navnirman youth
movement in Gujarat, and the Chipko Movement. The Shramik Mahila Sangathan
(Working Womens Organization), the Progressive Organization of Women, and the
Mahila Samata Sainik Dal (League of Women Soldiers for Equality) were some of the
organizations that emerged during this period
Explain the position of women during pre-independence period.
Introduction:The status and position of women in pre-independence period may be broadly
divided under the following period namely,

1. Women in ancient or Vedic period

2. Women in medieval period
3. Women in modern period.
1.Women in Ancient or Vedic period
In the Vedic period the women enjoyed equal status with men. They were
respected and honored. The position was on the whole free. Hindus considered
man and women represent the 2 aspects of one person.
Scriptures say that having divided his body into 2 parts. He told lord
(Brahman) became male by means of the (one) half and female by means of the
other.
Lord siva consists of a body of 2 halves one is of male and the other is of
female and he is called Ardhanareeshwara. Women was considered more
powerful than man and treated as goddess of shakti. Thus man and women
are inseparable.
The society was governed by certain established norms approved by
Dharma Shastras. The highest social ends in ancient Indian society were four,
Dharma, Artha , Kama and Moksha. Women along with man participated in all
acitivities equally and hence she was considered as sahadharma charini
In vedic period the education of women was looked upon as so important
that the Artharvana veda asserted the success of women in her married life
depends upon her proper training during the Brahmcharya. During the
upanishadic period there were great Brahmavadinins who were enriched with
deep knowledge of philosophy.
Manu:- the parent of hindu Juriprudence glorified ascetic widowhood. Manu in
plan terms enjoins a widow to continue till death forgiving all injuries,
performing austere duties, avoiding every sensual pleasure and cheerfully
practicing the incomparable rules or virtue which have been followed by such
women as were devoted to only one husband.
In ancient India marriage for male and female was considered necessary
form religious as well as social view-point. Both dowry and bride-price were
recognized. Later vedic literature refers to the marriage of widows, generally to
husbands brother.
Ancient hindu scripture does not mention the prevalence of sati-system.
Neither there is any reference of widow burning. The Rig-veda does not
mention any where the practice of the burning of burial of widows with their
dead husbands. Monogamy appears to have been the accepted pattern of
marriage. Marriage age in the Rig-veda seems to be 16-17. The wife as a
grihapatni controlled the household. The wife reached the climax of her power
and importance when she became a mother of a male child.
The fathers property was generally inherited by sons. The daughter could
inherit it only if she was the only child of their parents. Right to property was
known in moveable things like cattle, gold or ornaments.
According to vedic hymns wife and husband had joint ownership rights of
the property. Hindu married women inherited and possessed property. Hindu

wives were honored and respected they took share in sacrifices and religious
duties they attended great assemblies and state occasions.
MANUS CODE OF CONDUCTS:Manus code depicted changed status of women which is characterized as
obedience to her husband is the beginning and the middle an the end of female
duty.
Manu did not recognize the right of a women to lift up her soul to god.
The traditions brought the women into slavery by fixing her duties to serve like
dase to fell like mother, give advice like a minister, and give conjugal
satisfaction like Ramba of heaven. At the same time women wer considered to
be under the protection of father during childhood, under the protection of
husband during youth and the protection of son during old age.
2. Women in medieval India.
Medieval India was not womens age it is supposed to be the dark age for them.
Medieval India saw many foreign conquests, which resulted in the decline in womens
status. When foreign conquerors invaded India they brought with them their own
culture. For them women was the sole property of her father, brother & husband and
she does not have anywill of her own.
This type of thinking also crept into the minds of Indian people and they also
began to treat their own women like this. One more reasons for the decline in
womens status and freedom was that original Indians wanted to shield their women
folk from the barbarous invaders.
As polygamy was a norm for these invaders they picked up any women they
wanted and kept her in their harems. In order to protect them Indian women started
using purdah which covers body. Due to these reason their freedom also became
affected. They were not allowed to move freely and this lead to the further
deterioration on their status.
These problems relate with women resulted in changed mind set of people.
Now they began to consider a girl as misery and a burden, which has to be shielded
from the eyes of intrudes and needs extra care.
Thus a vicious circle started in which women was at the receiving end. All this
gave rise to some social evils, like,

Sati system
Jauhar
Child marriage
Restriciton on widow marriage.
Purdah system
Restriction of girl education
Deva dasis system.

3. Modern Indian women.

The status of women in modern India is a sort of a paradox. If on one
hand she is mutely suffering the violence affilicted on her by her own family

members. As compared with past women in modern times have achieved a lot
but in reality they have to still travel a long way.
The problems of Indian women includes.
Malnutrition, poor health, maternal mortality, lack of education, Mistreatment,
over worked, lack of power, marriage, dowry, female infanticide, female foticide,
divorce, lack of recreational activities. Etc.
Q.No.1. (a) Explain the Constitutional provisions for the protection of
women.
Marks: 15
Introduction:The principle of gender equality is enshrined in the Indian Constitution in its
Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The
Constitution not only grants equality to women, but also empowers the State to adopt
measures of positive discrimination in favour of women. Within the framework of a
democratic polity, our laws, development policies, Plans and programmes have aimed
at womens advancement in different spheres. India has also ratified various
international conventions and human rights instruments committing to secure equal
rights of women. Key among them is the ratification of the Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) in 1993.
1. CONSTITUTIONAL PROVISIONS
The Constitution of India not only grants equality to women but also empowers
the State to adopt measures of positive discrimination in favour of women for
neutralizing the cumulative socio economic, education and political disadvantages
faced by them.
Fundamental Rights, among others, ensure equality before the law and equal
protection of law; prohibits discrimination against any citizen on grounds of religion,
race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens
in matters relating to employment.
Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of
specific importance in this regard.
Constitutional Privileges
(i) Equality before law for women (Article 14)
(ii) The State not to discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them (Article 15 (i))
(iii)
The State to make any special provision in favour of women and children
(Article 15 (3))
(iv) Equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State (Article 16)

(v) The State to direct its policy towards securing for men and women equally the
right to an adequate means of livelihood (Article 39(a)); and equal pay for equal work
for both men and women (Article 39(d))
(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid
by suitable legislation or scheme or in any other way to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities (Article 39 A)
(vii)
The State to make provision for securing just and humane conditions of work
and for maternity relief (Article 42)
(viii) The State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice and all
forms of exploitation (Article 46)
(ix)
The State to raise the level of nutrition and the standard of living of its people
(Article 47)
(x)
To promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women (Article
51(A) (e))
(xi)
Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Panchayat to be reserved for women and
such seats to be allotted by rotation to different constituencies in a Panchayat (Article
243 D(3))
(xii)
Not less than one- third of the total number of offices of Chairpersons in the
Panchayats at each level to be reserved for women (Article 243 D (4))
(ix) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Municipality to be reserved for women and
such seats to be allotted by rotation to different constituencies in a Municipality
(Article 243 T (3))
(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes,
the Scheduled Tribes and women in such manner as the legislature of a State may by
law provide (Article 243 T (4))
FUNDAMENTAL RIGHTS AND PROHIBITION OF DISCRIMINATION OF WOMEN:Part III, consisting Articles 12 to 35, relating to the fundamental rights is the
heart of the constitution.
The fundamental rights which are given to the citizens are a guarantee against
state action but not against private.
Article 15: clearly states that:
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, restrictions or condition
with regard toa) Access to shops, public restaurants, hotels and places of public
entertainment; or
b) The use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of the 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.
Article 16; it also explicitly mentions equality of opportunities for all and prohibits the
discrimination against women.
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
of, 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 favour of any backward class of citizens
which, in the opinion of the State, is not adequately represented in the services under
the State.
(4A)Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion, with consequential seniority, to any class or
classes of posts in the services under the State in favour of the Scheduled Castes and
the Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the services under the State.
(4B)Nothing in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year in accordance
with any provision for reservation made under clause (4) or clause (4A) as a separate
class of vacancies to be filled up in any succeeding year or years and such class of
vacancies shall not be considered together with the vacancies of the year in which
they are being filled up for determining the ceiling of fifty per cent. reservation on
total number of vacancies of that year.
(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.

Under Article 19(1) : all citizens shall have the right,

a) To freedom of speech and expression
b) To assemble peaceful and without arms
c) To form association or unions
d) To move freely througth out the territory of India
e) To reside and settle in any part of the India
f) To practise any profession or to carry on any occupation trade or business.
Article 21: No person shall be deprived of life or personal liberty except according to
procedure established by law .
Article 21A : the state shall provide free and compulsory education to all children of
the age of six and 14 yrs in such manner as the state may, by law, determine.
Article 23:- of the constitution on India prohibits the traffic in Human beings.

Article 25(1):- all persons are equally entitled to freedom of conscience and the right
freely to professs, practice and propagate religion.
DIRECTIVE PRINCIPLES OF STATE POLICY.
Article 38: state to secure a social order for the promotion of welfae of the people.
1. The state shall promote the welfare of the people by securing and
protecting as effectively as it may be a social order in which justice, social,
economic and political shall inform all the institutions of the national life.
2. The state shall, in particular strive to minimize the inequalities in income
and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also among groups of
people residing in different areas or engaged in different vocations.
Article 39: Certain principles of policy to be followed by the state.
a. Right to an adequate means of livelihood for all citizens, men and women
equally.
b. The material resources of the community are so distributed as best to
subserve the common good;
c. 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 the 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.
The State to make provision for securing just and humane conditions of work
and for maternity relief (Article 42)
The State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice and all
forms of exploitation (Article 46)
The State to raise the level of nutrition and the standard of living of its people
(Article 47)
To promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women (Article
51(A) (e))
Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Panchayat to be reserved for women and
such seats to be allotted by rotation to different constituencies in a Panchayat (Article
243 D(3))
Not less than one- third of the total number of offices of Chairpersons in the
Panchayats at each level to be reserved for women (Article 243 D (4))
Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Municipality to be reserved for women and
such seats to be allotted by rotation to different constituencies in a Municipality
(Article 243 T (3))
Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes,
the Scheduled Tribes and women in such manner as the legislature of a State may by
law provide (Article 243 T (4))
Social inequality for women
Definition and Concept of Gender Inequality
Gender is a socio-cultural term referring socially defined roles and behaviors
assigned to males and females in a given society; whereas, the term sex is a
biological and physiological phenomenon which defines man and woman. In its social,
historical and cultural aspects, gender is a function of power relationship between

men and women where men are considered superior to women. Therefore, gender
may be understood as a man-made concept, while sex is natural or biological
characteristics of human beings.
Gender Inequality, in simple words, may be defined as discrimination against women
based on their sex. Women are traditionally considered by the society as weaker sex.
She has been accorded a subordinate position to men. She is exploited, degraded,
violated and discriminated both in our homes and in outside world. This peculiar type
of discrimination against women is prevalent everywhere in the world and more so in
Indian society.
Causes and Types of Gender Inequality in India
The root cause of gender inequality in Indian society lies in its patriarchy system.
According to the famous sociologists Sylvia Walby, patriarchy is a system of social
structure and practices in which men dominate, oppress and exploit women.
Womens exploitation is an age old cultural phenomenon of Indian society. The system
of patriarchy finds its validity and sanction in our religious beliefs, whether it is Hindu,
Muslim or any other religion.
For instance, as per ancient Hindu law giver Manu: Women are supposed to be in the
custody of their father when they are children, they must be under the custody of
their husband when married and under the custody of her son in old age or as widows.
In no circumstances she should be allowed to assert herself independently.
The above described position of women as per Manu is still the case in present
modern day social structure. Barring few exceptions here and there, women have no
power to take independent decisions either inside their homes or in outside world.
In Muslims also the situation is same and there too sanction for discrimination or
subordination is provided by religious texts and Islamic traditions. Similarly in other
religious beliefs also women are being discriminated against in one way or other.
The unfortunate part of gender inequality in our society is that the women too,
through, continued socio-cultural conditioning, have accepted their subordinate
position to men. And they are also part and parcel of same patriarchal system.
Extreme poverty and lack of education are also some of the reasons for womens low
status in society. Poverty and lack of education derives countless women to work in
low paying domestic service, organized prostitution or as migrant laborers. Women
are not only getting unequal pay for equal or more work but also they are being
offered only low skill jobs for which lower wages are paid. This has become a major
form of inequality on the basis of gender.
Educating girl child is still seen as a bad investment because she is bound to get
married and leave her paternal home one day. Thus, without having good education
women are found lacking in present days demanding job skills; whereas, each years

High School and 10+2 standard results show that girls are always doing better than
boys. This shows that parents are not spending much after 10+2 standard on girl child
and thats why they lack in job market.
Not only in education, in case of family food habits, it is the male child who gets all
the nutritious and choicest foods while the girl child gets whatever is left behind after
the male members have taken their meals or the food which is low in both quality and
nutrition. And this becomes a major health issue in her later years. One of the main
reasons for the high incidences of difficult births and anemia in women is the poor
quality of food which a girl always gets either in her paternal home or in her in-laws as
also is the excessive workload that they are made to bear from their early childhood.
So the inequality or discrimination against women is at various levels in the society,
either in home or outside home.
Law relating to Child labour./ Legal measure related to child labour.
Constitution of India prohibited the employment of children in factories etc.
Article 24:- No child below the age of 14 years shall be employed to work in any
factory or mine or engage in any other hazardous employment . It is a right against
exploitation.
Prohibition of employment of children in certain occupation and processes
child labour (prohibition and regulation ) Act 1986.

by the

Under section 3 :- No child shall be employed or permitted to work in any of the

occupation set forth in Part A of the schedule or in any workshop whereas any of the
processes set forth in Part B of the schedule are carried on.
The occupation of Part A of the Schedule are:1. Transport of passengers, goods or mails by railways,
2. Cinder picking clearing of an ash pit or building operation in the railway
premises.
3. Work in catering establishment at a railway station, involving the movement of
a vendor or any other employee of the establishment from one platform to
another or into or out of a moving train.
4. Work relating to the construction of a railway station or with any other work
where such work is done in close proximity to or between the railway lines.
5. A port authority within the limits of any port.
6. Work relating to selling of crackers and fireworks in shops with temporary
licences.
7. Abottoirs/slaughter houses.
The processes mentioned in Part B of the schedule
1.
2.
3.
4.
5.
6.

Bedi-making
Carpet-weaving
Cement manufacture including bagging of cement
Cloth printing, dyeing and weaving
Manufacture of matches, explosive and fireworks.
Mica-cutting and splitting

7. Shellac manufacture
8. Soap manufacture
9. Tanning
10.
Wool cleaning
11. Building and construction industry
12. Manufacture of slate pencils including packing
13. Manufacture of products from agate
14. Manufacturing process using toxic metals and substances, such as lead,
mercury, maganese, chromium, cadmium, benzene pesticides and abestos.
15. Hazardous processes.
16. Printing
17. Cashew descling and processing
18. Soldering process in electronic industries.
Section 14:- whoever employs any child or permits any child to work shall be
punishable with imprisonment for a term not less than 3 months and which may
extend to one year
. Law relating to Child Marriage
Child marriages were very common and were prevalent in almost all parts of India.
Even today after enacting laws against child marriage, child marriages are in vogue in
India.
Child Marriage Restraint Act 1929.
According to section 2(b) Child Marriage means a marriage to which either of the
contracting parties is a child.
Section3: Punishment for child marriages:
1. Whoever, being a male above 18 years of age and below 21 years contracts a
child marriage shall be punishable with simple imprisonment which may extend
to 15 days or with fine which may extend to one thousand rupees or with both.
2. Punishment for male adult above twenty-one years of age marrying a child:
As per section 4 of the Act, whoever, being a male above twenty-one years of
age, contracts a child marriage shall be punishable with simple imprisonment
which may extend to three months and shall be liable to fine.
Section 6 : where a minor contracts a child marriage any person having charge
of a minor whether as parent or guardian or in any other capacity, lawful or
unlawful, who does any act to promote the marriage or permits it to be
solemnized, or negligently fails to prevent it from being solemized, shall be
punishable with simple imprisonment which may extend to three months and
shall be liable to fine.
Section 12:- power to issue injunction prohibiting marriage in contravention of
this Act.
1. The court may issue injunction against any of the persons who has arranged
marriage in contravention of this Act.

2. No injunction shall be issued against any person unless the court has
previously given notice to such persons, and has afforded him opportunity to
show cause against the issue of the injunction.
3. The court may either on its own motion or on the application of any person
aggrieved rescind or alter any order made under this section.
4. Where such a application is received, the court shall afford the applicant an
early opportunity of appearing before it either in person or by pleader, and if
the court rejects the application wholly or in part, it shall record in writing its
reason for so doing.
5. If any person disobeys such injunction shall be punished with imprisonment
for a term 3 months or fine of 1000/- rupees.
. Legal framework The Indian legal frame work has different provisions for
prohibition of child labour or / Legal measures related to child labour :- . The
Constitution of India has various articles eg. Article 23, 24,39,45,47 which deal with
the protection children against exploitation and duty of the sate to provide free
education to child upto the age of 14.
Article 23 states- Prohibition of trafficking in human beings and forced
labour - (1) Trafficking in human beings and beggar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be an offence
punishable in accordance with law.
Article 24 of the Constitution states, Prohibition of employment of children
in factories etc. No child below the age of fourteen years shall be employed in
work in any factory or mine or engaged in any other hazardous employment.
Article 39: The State shall, in particular, direct its policy towards securing (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 45 of the constitution declares that the State shall take steps for free
and compulsory education for all children till they attain the age of 14.
Article 47 states it is Duty of the State to raise the level of nutrition and the
standard of living and to improve public health. One of important act is The
Child Labour Prohibition and Regulation act, 1986 which bans the employment of
child labour in hazardous occupations and 65 processes. According to International
labour organisation, the term child labour is often defined as work that deprives
children of their childhood, their potential and their dignity, and that is harmful to
physical and mental development. Whilst child labour takes many different forms, a
priority is to eliminate without delay the worst forms of child labour as defined by
Article 3 of ILO Convention No. 182.India has not yet ratified the said convention
no182 The large majority of child labourers in the age group of 5-17 years are unpaid
family workers (68 per cent). 21 per cent are in paid employment and 5 per cent in
self-employment.

UNIT - ii

Existence of family laws is hindrance to implementation of uniform civil code

NEED FOR UNIFORM CIVIL CODE
India is a land of diversities with several religions. The oldest part of Indian legal
system is the personal laws governing the Hindus and the Muslims.
The Hindu Marriage Act, 1955 is the marriage law legislation applicable to the majority
population, constituted of Hindus, which is an Act to amend and codify the law relating
to marriage among Hindus. Ceremonial marriage is essential under this Act and
registration is optional. This act takes care of divorce and maintenance as well. The
Hindu Succession Act, 1956 governs succession among Hindus. The Hindu Minority
and Guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956 are
the laws dealing with succession, adoption and maintenance.
The Indian Parliament also enacted the Special Marriage Act, 1954, as an Act to
provide a special form of marriage in certain cases, for the registration of such and
certain other marriages and for divorces under this Act. This enactment of solemnizing
marriage by registration is resorted to by Hindus, non-Hindus and foreigners marrying
in India who opt out of the ceremonial marriage under their respective personal laws.
Registration is compulsory under this enactment. Divorce can also be obtained by
non-Hindus under this Act.
The Parsi Marriage and Divorce Act, 1936 as amended in 1988, is an Act to amend the
law relating to marriage and divorce among the Parsis in India. The Christian Marriage
Act, 1872, was enacted as an Act to consolidate and amend the law relating to the
solemnization of the marriages of Christians in India and the Divorce Act, 1869 as
amended in 2001, is an Act to amend the law relating to divorce and matrimonial
causes relating to Christians in India. The Muslim Personal Law (Shariat) Application
Act, 1937, The Dissolution of Muslim Marriages Act,1939, The Muslim Women
(Protection of Rights on Divorce) Act, 1986 and The Muslim Women ( Protection of
Rights on Divorce) Rules, 1986, apply to Muslims living in India.
When it comes to the Hindu Law, the problem arising is with the registration of
marriages and thus, the inability to nullify child marriages. Child marriages in
practically all religious communities in India are accepted practices and so they
cannot be registered due to non-fulfillment of minimum age of marriage. The Supreme
Court of India in Seema v. Ashwani Kumar, has directed all states in India to enact
rules for compulsory registration of marriages irrespective of religion, in a time bound
period. This reform has struck a progressive blow to check child marriages, prevent
marriages without consent of parties, check bigamy/polygamy, enable womens rights

of maintenance, inheritance and residence, deter men from deserting women, and for
checking the selling of young girls under the guise of marriage. The consequences of
non registration of marriages has created a large number of abandoned spouses in
India deserted by non-resident Indians who habitually reside abroad. However,
implementation of the same is still undermined.
When it comes to the Muslim Law, it is the additional courts that create the problem.
The Supreme Court of India on Vishwa Lochan Madan v. Union of India and
others, issued notices to the central government, State governments, All India Muslim
Personal Law Board (AIMPLB) and Darul Uloom, an Islamic seminary, in the matter of
the existence of parallel Islamic and Shariat Courts in the country, which are posing a
challenge to the Indian judicial system. A direction from the court was also sought to
restrain these organizations from interfering with the marital status of Indian Muslim
citizens or passing any judgments, remarks, fatwas or deciding matrimonial disputes
amongst Muslims. Till recently, the matter was still pending final adjudication in the
Supreme Court of India and no conclusive final decision stands reported on the said
issue by the Supreme Court.
Similar problem exists under the Hindu Religion as well with the caste panchayats.
They have played a powerful role at the village level in several states of the country
traditionally. However, khap panchayats (caste based village councils) are not elected
bodies and their decisions are not enforceable by law, as such extra-constitutional
bodies and have no sanctity or recognition in law. They however, derive support from
community recognition. The heinous crimes committed by the Khap Panchyats under
the guise of Honour Killing are well noted.
Muslim Law provides for Mehr, an amount to be fixed at the time of marriage itself, as
a consideration for the performance of marriage. This is because the marriage under
Muslim Law is a contract and the condition for registration is fulfilled in the NikahNama itself. However, the law doesnt provide for maintenance for the wife. The Mehr
amount itself is supposed to take care of this aspect. Men cannot waive or reduce the
Mehr. Only, the wife is allowed. This way the womens interest in the Mehr is
protected. But, other provisions of the Muslim Law discriminate against women.
Polygamy is allowed but not polyandry. Muta marriages can be undertaken by the
husband. The triple pronouncement of the word talaq is enough for a man to give
divorce. The woman has to undergo an arduous procedure for the same. This is not
the case under Hindu Law. Hindu Law under the Hindu Marriage Act itself provides for
maintenance for the wife. Also, the grounds and procedure for divorce are the same
for both husband and wife.

Personal Laws pose a contradiction. On the one hand, the constitution recognizes the
continued existence of Personal Law, which is why Article 44 expects that India at
some later date will have a uniform civil code. On the other hand, there exist several
articles, such as Article 14-19 which guarantee equal rights. Since personal laws for
various groups are inherently unequal, a divorcee in Muslim law is entitled to different
things than in Hindu law, therefore .Article 15 would seem to make personal law
unconstitutional. Furthermore, Article 15 also requires non-discrimination based on
sex, whereas Muslim Personal Law favours the man in many cases, especially in the
issue of divorce and in the issue of polygamy. These issues remained unresolved in
the constitution. Personal laws are inconsistent with morality and human rights as
well.
JUDGEMENTS
The Supreme Court has directed the Parliament to frame a Uniform Civil Code in the
year 1985 in the case of Md. Ahmed Khan v. Shah Bano Begum, popularly known as
the Shah Bano case. In this case, a Muslim women claimed for maintenance form her
husband under S.125 of Cr.P.C. after she was given triple talaq pronouncements by
her husband. The Supreme Court held that Muslim Women have a right to get
maintenance from her husband under s.125 and commented that Art.44(3) of the
Constitution of India has remained in the dead light. However, the then Rajiv Gandhi
led government has overturned the Shah Bano case decision by Muslim Women (Right
to Protection on Divorce) Act, 1890 which curtailed the right to maintenance of a
Muslim Woman.
The Second instance was in the case of Sarla Mudgal v. Union of India, where the
question of whether a Hindu husband by embracing Islam can solemnise a second
marriage. The court held that this would amount to nothing but merely abusing the
personal laws. It was held that a Hindu marriage can be dissolved under the Hindu
Marriage Act, 1955 only and by converting into Islam and marrying again does not
dissolve the marriage under Hindu Marriage Law and thus, it would be an offence
under S.494(5) of The Indian Penal Code, 1860. The judge in this case opined that it is
high time that a uniform civil code be introduced and that Art.44 be taken out of coldstorage.
He commented that, Where more than 80% of the citizens have already been
brought under the codified personal law, there is no justification whatsoever to keep
in abeyance, any more, the introduction of the uniform civil code for all the citizens
in the territory of India.

Another landmark judgement called for the implementation of Uniform Civil Code. In
this case, a priest from Kerala, challenged the Constitutional validity of S.118 of the
Indian Succession Act, which is applicable for non-Hindus on India. Mr. John
Vallamatton, contended that S.118 of the said act was discriminatory against the
Christians as it imposes unreasonable restrictions on their donation of property for
religious or charitable purposes by will. The bench struck down the section as
unconstitutional. It called for the parliament to take concrete steps to enact a Uniform
Civil Code. It was stated that a common civil code will help the cause of national
integration by removing the contradictions based on ideologies.

what are the significant changes introduced in the Hindu succession

Act,1956.
Marks: 15
The Hindu succession Act 1956 was made to codify the law relating to intestate
succession among Hindus.
Devolution of interest of Co-parcenary property.
Section 6 of the Hindu Succession Act, 1956 provides that:
1. On and from the commencement of the Hindu succession (Amendment) Act,
2005, in a joint hindu family governed by the Mitakshara law, the daughter of a
coparcener shalla. By birth becomes a coparcener in her own right the same manner as
the son.
b. Have the same rights in the coparcenary property as she would
have had if she had been a son;
c. Be subject to the same liabilities in respect of the said coparcenary
property as that of a son;
Any refernce to a Hindu Mitakshar coparcener shall be deemed to
include a reference to a daughter of a coparcener.
2. Any property to which a female hindu becomes entitled to virtue of subsection (1) shall be held by her with the incidents of coparcenary ownership and shall
be regarded notwithstanding anything contained in this act of any other law for the
time being in force in, as property capable of being disposed of by her by
testamentary disposition.
3. Where a Hindu dies after the commencement of the Hindu succession Act
2005 his interest in the property of a joint family governed by the Mitakshara law,
shall devolve by testamentary or interstate succession, as the case may be, under this
Act and not be survivorship and the coparcenary property shall be deemed to have
been divided as if a partition had taken place and
a. The daughter is allotted the same shall as is allotted to a son,
b. The share of the pre-deceased son or a pre-deceased daughter as they would
have got had they been alive at the time of partition shall be allotted to the
surviving child of such pre-deceased son or of such pre-deceased daughter and

c. The share of the pre-deceased child of a pre-deceased son or for a predeceased

daughter, as such child would have got had her or she been alive at the time of
partition, shall be allotted to the child of such pre-deceased child of the predeceased son or as pre-deceased daughter, as the case may be.
d.

After the commencement of the Act, no court shall recognize any right to
proceed against a son, grandson or great-grandson for the recovery of any debt
due from his father, grandfather or great-grandfather solely on the ground of
the pious obligation under the Hindu law, of such son, grandson or greatgrandson to discharge any such debt;

Provided that in the case of any debt contracted before the

commencement of the Hindu succession (Amendment) Act, 2005, nothing contained
in this sub-section shall effecti. The right of any creditor to proceed against the son, grandson or
great-grandson as the case may be; or
ii. Any alienation made in respect of or in satisfaction of, any such
debt, and any such right or alienation shall be enforceable under the
rule of pious obligation in the same manner and to the same extent
as it would have been enforceable as if the Hindu succession
Amendment Act 2005.
Nothing contained in this section shall apply to a partition, which has been effected
before the 20th day of December 2004.
)

Law relating to inheritance under Muslim Law.

Marks: 5

The Muslim law of succession is uncodified, there is no partition of inherited

property. Succession opens only on the death of the ancestor and then alone the
property vests in the heirs.
The Islamic law of succession is based on the tenets of the Holy Quran. No women
was excluded from inheritance only on the basis of sex. Women have equal right to
share the property of the deceased.
Islamic principles of succession according to Prophet:The principles are:1. Husband and wife being equal are entitled to inherit to each other .
2. Some near females and cognates are also recognized and enumerated as heirs.
3. Parents and certain other ascendants are made heirs even when there are
descendants.
4. The newly created heirs are given specified shares along with customary heirs
who are residuaries.
Inheritance according to Hanafi law:1. There are 3 classes of heir namely
a. Sharers:- they are the person whose shares have been specified by the
Koran. They are entitled to receive a fixed share allotted to them in a
certain order or preference and mode of succession.

There are twelve classes of shares. Among them there are 8 female
sharers who could inherit the property of a deceased Muslim among 12
shares.
b. Residuaries:- they are persons who take no prescribed share but succeed
to the residue after the claims of the shares are satisfied. After the
payment to the sharers the residue is to be distributed among the
residuaries.
c. Distant kindred:- they are those relations by blood who are neither sharers
nor residuaries. This class includes the cognates of the deceased i.e those
who are related through a female. They are not entitled to succeed so
long as there are sharers or residuaries.
Shia law of inheritance:According to shia law the heirs are divided into two groups, namely
1. Heirs by consanguinity or nasab i.e by blood relations. They
consist of
I.i Parents
ii.Children and other lineal decendants how low soever
II.i grandparents how high soever
ii. Brothers and sisters and their descendants how low soever.
III.i paternal uncles and aunts of the deceased and of his parents and
grand parents how high soever and their descendants how low
soever.
ii.Maternal uncles and aunts of the deceased and his parents and
grand parents how high soever and their descendants how low
soever.
Of these three groups of heirs , the first excludes the second from inheritance
and the second excludes the third. Among the Shias, there is no separate class of
heirs corresponding to the distant kindred of Sunni law.
The sharer are nine in numbers.
1. Husband
2. Wife
3. Father
4. Mother
5. Daughter
6. Full sister
7. Consanguine sister
8. Uterine brother
9. Uterine sister
Residuaries are all heirs other than sharers.

Explain the law relating to right of Guardianship of Hindu women.

Introduction
In the modern law of most countries the childhood is accorded protection in
multifarious ways. Guardian is "a person having the care of the person of the minor or

of his property or both person and property." It may be emphasized that in the modern
law guardians exist essentially for the protection and care of the child and to look
after its welfare. This is expressed by saying that welfare of the child is paramount
consideration.
Minor Children:-Under the Hindu Minority and Guardianship Act, 1956,
Section:- 4(b):- minor means a person who has not completed the age of
eighteen years. A minor is considered to be a person who is physically and
intellectually imperfect and immature and hence needs someone's protection.
Welfare includes both physical and moral well-being. Guardians may be of the
following types :
1. Natural guardians,
2. Testamentary guardians, and
3. Guardians appointed or declared by the court.
There are two other types of guardians, existing under Hindu law, de facto
guardians, and guardians by affinity.
Natural Guardians
In Hindu law only three persons are recognized as natural guardians father,
mother and husband.
The mother is the natural guardian of the minor illegitimate children even if the
father is alive. However she is the natural guardian of her legitimate children only if
the father is dead or otherwise is incapable of acting as guardian.
Section 6(a) Hindu Minority and guardianship Act lays down that the custody of
a minor who has not completed the age of five years shall ordinarily be with the
mother. Thus mother is entitled to the custody of the child below 5 years of age,
unless the welfare of the minor requires otherwise.
Father. Father is the natural guardian of his minor legitimate children, sons and
daughters."
Section 19 of the Guardians and Wards Act, 1890, lays down that a father
cannot be deprived of the natural guardianship of his minor children unless he has
been found unfit.
Section 13 of the Hindu Minority and Guardianship Act which lays down that
welfare of the minor is of paramount consideration and father's right of guardianship
is subordinate to the welfare of the child.
The Act does not recognize the principle of joint guardians. The position of
adopted children is at par with natural-born children. The mother is the natural
guardian of the minor illegitimate children even if the father is alive. However, she is
the natural guardian of her minor legitimate children only if the father is dead or
otherwise is incapable of acting as guardian.

Proviso to clause (a) of Section 6, Hindu Minority and Guardianship Act lays
down that the custody of a minor who has not completed the age of five years shall
ordinarily be with the mother. Thus, mother is entitled to the custody of the child
below five years, unless the welfare of the minor requires otherwise.
Case law
In Gita Hariharan v. Reserve Bank of India and Vandana Shiva v.
Jayanta Bandhopadhaya,
The Supreme Court has held that under certain circumstances, even when the
father is alive mother can act as a natural guardian. The term 'after' used in Section
6(a) has been interpreted as 'in absence of' instead 'after the life-time'. Rights of guardian of person.:The natural guardian has the following rights in respect of minor children:
a) Right to custody,
(b) Right to determine the religion of children,
(c) Right to education,
(d) Right to control movement, and
(e) Right to reasonable chastisement
These rights are conferred on the guardians in the interest of the minor children
and therefore of each- of these rights is subject to the welfare of the minor children.
The natural guardians have also the obligation to maintain their minor children.
Testamentary Guardians
When, during the British period, testamentary powers were conferred on Hindus,
the testamentary guardians also came into existence. It was father's prerogative to
appoint testamentary guardians. By appointing a testamentary guardian the father
could exclude the mother from her natural guardianship of the children after his
death.
Under the Hindu Minority and Guardianship Act, 1956,
Testamentary power of appointing a guardian has now been conferred on both
parents.' The father may appoint a testamentary guardian but if mother survives him,
his testamentary appointment will be ineffective and the mother will be the natural
guardian.
If mother appoints testamentary guardian, her appointee will become the
testamentary guardian and father's appointment will continue to be ineffective. If
mother does not appoint, father's appointee will become the guardian.
It seems that a Hindu father cannot appoint a guardian. of his minor illegitimate
children even when he is entitled to act as their natural. guardian, as S. 9(1) confers

testamentary power on him in respect of legitimate children. In respect of illegitimate

children, Section 9(4) confers such power on the mother alone.
Under Section 9:Hindu Minority and Guardianship Act, testamentary guardian can be appointed
only by a will. The guardian of a minor girl will cease to be the guardian of her person
on her marriage, and the guardianship cannot revive even if she becomes a widow
while a minor. It is necessary for the testamentary guardian to accept 'the
guardianship. Acceptance may be express or implied. A testamentary guardian may
refuse to accept the appointment or may disclaim it, but once he accepts, he cannot
refuse to act or resign except with the permission of the court.
Guardians Appointed by the Court
The courts are empowered to appoint guardians under the Guardians and Wards
Act, 1890. The High Courts also have inherent jurisdiction to appoint guardians but
this power is exercised sparingly. The Hindu Minority and Guardianship Act is
supplementary to and not in derogation to Guardians and Wards Act. Under the
Guardians and Wards Act, 1890, the jurisdiction is conferred on the District Court: The
District Court may appoint or declare any person as the guardian whenever it
considers it necessary in the welfare of the child.' In appointing ,,a" guardian, the
court takes into consideration various children is of paramount consideration.
The District Court has the power to appoint or declare a guardian in respect of
the person as well as separate property of the minor. The chartered High Courts have
inherent jurisdiction to appoint guardians of the- person as well as the property of
minor children. This power extends to the undivided interest of a coparcener
The guardian appointed by the court is known as certificated guardian. Powers
of Certificated guardians. Powers of certificated guardians are controlled by the
Guardians and Wards Act, 1890. There are a very few acts which he can perform
without the prior permission of the court. In the ultimate analysis his powers are coextensive with the powers of the sovereign and he may do all those things (though
with the permission of the court) which the sovereign has power to do. A certificated
guardian from the date of his appointment is under the supervision, guidance and
control of the court.

Guardianship by affinity
In pre-1956 Hindu law there existed a guardian called guardian by affinity. The
guardian by affinity is the guardian of a minor widow. Mayne said that "the husband's
relation, if there exists any, within the degree of sapinda, are the guardians of a minor
widow in preference to her father and his relations."'
The judicial. pronouncements have also been to the same effect.
The guardianship by affinity was taken to its logical end by the High Court in
Paras Ram v. State

In this case the father-in-law of a minor widow forcibly took away the widow
from her mother's house and married her for money to an unsuitable person against
her wishes. The question before the court was whether the father-in-law was guilty of
removing the girl forcibly. The Allahabad High Court held that he was not, since he
was the lawful guardian of the widow.
A question has come before our courts, whether the nearest sapinda of the
husband automatically becomes a guardian of the minor widow on the death of her
husband or whether he is merely preferentially entitled to guardianship and therefore
he cannot act as guardian unless he is appointed as such?
Paras Ram seems to
subscribe to the former view, and the Madras and the Nagpur high Courts to the latter
view. Under Section 13, Hindu Minority and Guardianship Act, in the appointment of
'any person as guardian, the welfare of the child is paramount consideration. The fact
that under Hindu law father-in-law has preferential right to be appointed as guardian
is only a matter of secondary consideration.
In our submission, it would be a better law if the guardianship of the minor wife,
both of her person and property, continues to vest in the parents. We do not have
much of textual guidance or case law on the powers of the guardians by affinity.
Probably his powers may be taken to be at par with those of the natural guardian.
De Facto Guardian
A de facto guardian is a person who takes continuous interest in the welfare of
the minor's person or in the management and administration of his property without
any authority of law. Hindu jurisprudence has all along recognized the principle that if
liability is incurred by one on behalf of another in a case where it is justified, then the
person, on whose behalf the liability is incurred or, at least, his property, is liable,
notwithstanding the fact that no authorization was made for incurring the liability.'
The term 'de facto guardian' as such is not mentioned in any of the texts, but
his existence has never been denied in Hindu law.
In Sriramulu, Kanta. said that Hindu law tried to find a solution out of two
difficult situations : one, when a Hindu child has no legal guardian, there would be no
one who would handle and manage his estate in law and thus without a guardian the
child would not receive any income for his property and secondly, a person having no
title could not be permitted to intermeddle with the child's estate so as to cause loss
to him. The Hindu law found a solution to this problem by according legal status to de
facto guardians.
A mere intermeddler is not a de facto guardian. An isolated or fugitive act of a
person in regard to child's property does not make him a de facto guardian. To make a
person a de facto guardian some continuous course of conduct is necessary on his
part. In other words, a de facto guardian is a person who is not a legal guardian, who
has no authority in law to act as such but nonetheless he himself has assumed, the
management of the property of the child as though he were a guardian. De facto
guardianship is a concept where past acts result in present status. The term literally
means 'from that which has been done.'
The de facto guardian was recognised in Hindu law as early as 1856. The Privy
Council said that 'under Hindu law, the right of a bona fide incumbrancer, who has
taken a de facto guardian a charge of land, created honestly, for the purpose of saving

the estate, or for the benefit of the estate, is not affected by the want of union of the
de facto with the de jure title.
OR
Law relating to Guardianship under Christian Law.
Guardianship Under Christian Law
The Guardians and Wards Act, 1890, which resides in the secular realm also,
may be resorted to.
According to section 17 of the above-said Act, the matters of the case should be
considered by the court in appointing guardian.
The section reads, (1) In appointing or declaring the guardian of a minor, the Court
shall, subject to the provisions of this section, be guided by what, consistently with
the law to which the minor is subject, appears in the circumstances to be for the
welfare of the minor.
(2) In considering what will be the welfare of the minor, the Court shall have regard to
the age, sex and religion of the minor, the character and capacity of the proposed
guardian and his nearness of kin to the minor, the wishes, if any, of the deceased
parent, and any existing or previous relations of the proposed guardian with the minor
or
his
property.
(3) If the minor is old enough to form an intelligent preference, the Court may
consider
that
preference.
Section 19:- which prohibits the Court from appointing guardians in certain cases,
reads:
S.19. Guardians not to be appointed by the Court in certain cases:-Nothing in this
Chapter shall authorize the Court to appoint or declare or to appoint or declare a
guardian of the person(a) Of a minor who is a married female and whose husband is not, in the opinion of the
court , unfit to be guardian of her person. Or
(b) Of a minor whose father is living and is not, in the opinion of the Court, unfit to be
guardian of the person of the minor, or
(c) Of a minor whose property is under the superintendence of a Court of Wards
competent to appoint a guardian of the person of the minor."
S.24. Duties of guardian of the person. -A guardian of the person of a ward is charged
with the custody of the ward and must look to

HINDU WOMENS PROPERTY RIGHTS / types of property hindu-women and

-changes-towards-woman estate
Before 1956, there were two kinds of womens property,
1. STREEDHAN
2. WOMENS ESTATE

As per Section 14 of Hindu Succession Act, 1956, the womens estate has been
abolished.
The word streedhan means womens property. According to Smritikars, the streedhan
constituted those properties which she received by way of gift from the relations
which included mostly movable property (though sometimes a house or a piece of
land was also given in gift) such as ornaments, jewelry and dresses.[12]
Jimutvahana gave a different enumeration of streedhan, so did the schools of
Mitakshara. The enumeration of streedhan can be as follows:1. Gifts and bequests from relations
2. Gifts and bequests from strangers
3. Property acquired by self-exertion and mechanical arts
4. Property purchased with streedhan
5. Property acquired by compromise
6. Property obtained by adverse
7. Property obtained in lieu of maintenance.
Similarly, Women Estate also has the following forms:1. Property obtained by inheritance
2. Share obtained on partition
The Above Stated Women Estate Has The Following Features:

It gives women an absolute ownership of property.

She has the full rights of its disposal or alienation.

She can sell ,gift, mortgage ,lease, exchange or if she chooses , she can put it
on fire,

Her property can be passed on to her own on heirs on her death.

The old law of succession has put an end by The Hindu Succession Act, 1956. As per
Section 15 of the Hindu Succession Act, 1956:

General rules of succession in the case of female Hindus are as follows

(1) The property of a female Hindu dying intestate shall devolve according to the rules
set out in Section 16 :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased
son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)(a) any property inherited by a female Hindu from her father or mother shall devolve,
in the absence of any son or daughter of the deceased (including the children of any
pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1)
in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-inlaw shall devolve, in the absence of any son or daughter of the deceased (including
the children of any predeceased son or daughter) not upon the other heirs referred to
in sub-section (1) in the order specified therein, but upon the heirs of the husband.
As per Section 16 of the Act,
The order of succession among the heirs referred to in section 15 shall be, and the
distribution of the intestates property among those heirs shall take place, according
to the following rules, namely:Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry
shall be preferred to those in any succeeding entry and those including in the same
entry shall take simultaneously.
Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving
his or her own children alive at the time of the intestates death, the children of such
son or daughter shall take between them the share which such son or daughter would
have taken if living at the intestates death.

Rule 3-The devolution of the property of the intestate on the heirs referred to in
clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be
in the same order and according to the same rules as would have applied if the
property had been the fathers or the mothers or the husbands as the case may be,
and such person had died intestate in respect thereof immediately after the
intestates death.
The above stated two sections constitutes new law of succession to womens property.
Under Section 14(1) of The Hindu Succession Act, 1956, the Act has abolished the
Hindu womens limited estate and confers on the women the absolute ownership over
all her property acquired by her.as per Section 14 of the act:
Property of a female Hindu to be her absolute property are as follows:
(1) Any property possessed by a Female Hindu, 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.
Explanation: In this sub-section, property includes both movable and immovable
property acquired by a female Hindu by inheritance or devise, or at a partition, or in
lieu of maintenance or arrears of maintenance, or by gift from any person, whether a
relative or not, before, at or after her marriage, or by her own skill or exertion, or by
purchase or by prescription, or in any other manner whatsoever, and also any such
property held by her as streedhan immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of
gift or under a will or any other instrument or under a decree or order of a civil court
or under an award where the terms of the gift, will or other instrument or the decree,
order or award prescribe a restricted estate in such property.
Under this Section , any property acquired by a Hindu female except that which is
covered by sub-section 2 before the Act came into force will became her absolute
property and any property acquired by a Hindu female except that which covered by
the commencement of Act will be her absolute property.[13]
The above stated changes could be seen while going through the observation of
courts at different periods:In Janaki v. Narayana Swami[14] Privy Council observed regarding womens estate as
her right is of the nature of right of property, her position is that of owner; her powers

in tat character are, limitedSo long as she is alive , no one has vested interest in
succession.
In another case, Kalawati v. Suraj[15], SC stated that in the context of section 14
women does not mean any woman , but that woman who is the owner of womans
estate. If the holder of womans estate had alienated the estate to a woman, that
woman is not the woman whose estate is enlarged to full estate.
The effect of rule laid down in the Section 14 of The Hindu Succession Act, 1956 is to
abrogate the stringent provisions against the proprietary rights of a female which are
often regarded as evidence of her perpetual tutelage and to recognize her status as
independent and absolute owner of property.[16]
Before the enactment of The Hindu Succession Act, 1956, Hindu women has
streedhan as:

Absolute property and (b) Limited estate.

When the constitutionality of the Act has been challenged and SC has observed that
the Act has the object of enhancing womens limited estate concept regarding
property into absolute interest. It is within the spirit of court of India. Hence it is not
violative of any fundamental rights especially Art.14, 15(1) of the Constitution of India.
[17]
S.14 has been given retrospective effect. But this Section has no application for those
who has already inherited and alienated the property before the Act came into force.
In Anandibhai v. Sundarabhai[18] , High Court has been observed as the expression
any property possessed by a female Hindu in Section 14 means any property owned
by a female Hindu at the date of the commencement of the Act, and, these words are
prospective in their application. Any property acquired before the commencement of
the act shall be the absolute property. The expression whether acquired before or
after the commencement of this act shows that section is operative retrospectively.
There are two conditions to be fulfilled for the application of Section 14 of The Hindu
Succession Act, 1956:
1. Ownership of the property must vest in her, and
2. She must be in the possession of the Estate when the Act came into force.
Supreme Courts and High courts have given wider connotations for the term
possession. According to their observation, it can be in the form of actual and

constructive possession. In Santosh v. Saraswathi[19], a question has been raised

regarding the possession of property of female Hindu and Court held the view that
where property was given to the woman by way of maintenance over which she had a
right, her possession was accepted, it became her absolute property. Even when the
property is in the possession of a trespasser, it has been held that she is in
constructive possession.[20]
Natural Guardians/ rights of women as guardian to her minor children
In Hindu law only three persons are recognized as natural guardians father, mother
and husband, Father. Father is the natural guardian of his minor legitimate children,
sons and daughters." Section 19 of the Guardians and Wards Act, 1890, lays down
that a father cannot be deprived of the natural guardianship of his minor children
unless he has been found unfit. Me effect of Lh1s provision has been considerably
whittled down by judicial decisions and by Section 13 of the Hindu Minority and
Guardianship Act which lays down that welfare of the minor is of paramount
consideration and father's right of guardianship is 5;ubordinate to the welfare of the
child. The Act does not recognize the principle of joint guardians. The position of
adopted children is at par with natural-born children. The mother is the natural
guardian of the minor illegitimate children even if the father is alive. However, she is
the natural guardian of her minor legitimate children only if the father is dead or
otherwise is incapable of acting as guardian. Proviso to clause (a) of Section 6, Hindu
Minority and Guardianship Act lays down that the custody of a minor who has not
completed the age of five years shall ordinarily be with the mother. Thus, mother is
entitled to the custody of the child below five years, unless the welfare of the minor
requires otherwise.
In Gita Hariharan v. Reserve Bank of India and Vandana Shiva v. Jayanta
Bandhopadhaya, the Supreme Court has held that under certain circumstances, even
when the father is alive mother can act as a natural guardian. The term 'after' used in
Section 6(a) has been interpreted as 'in absence of' instead 'after the life-time'. Rights of guardian of person. -The natural guardian has the following rights in respect
of minor children:
(a) Right to custody, .
(b) Right to determine the religion of children,
(c) Right to education,
(d) Right to control movement, and
(e) Right to reasonable chastisement
These rights are conferred on the guardians in the interest of the minor children and
therefore of each- of these rights is subject to the welfare of the minor children. The
natural guardians have also the obligation to maintain their minor children.

UNIT III
Explain the matrimonial remedies available under Hindu Marriage Act of
1986.
Introduction
India has different divorce laws for different religions. Almost all the religions
has their own divorce laws in India which are used among themselves. Divorce laws
in India for Hindus is described in Hindu Marriage Act 1955. After this act is
established that marriage was a civil contract.
Section 9;- Restitution of conjugal Rights.
The restitution of conjugal right is a remedy available to a spouse aggrieved by
the desertion of the other spouse, without any reasonable cause. This right is
available both for husband and wife.
When either the husband or the wife has without reasonable excuse, withdrawn
from the society of the other , the aggrieved party may apply, by petition to the
District court, for restitution of conjugal rights and the court, on being satisfied of the
truth of the statement made in such petition and that there is no legal ground why the
application should not be granted may decree restitution of conjugal rights
accordingly.
Section 10:- grounds for judicial separation
1. Either party to a marriage whether solemized between or after the
commencement of this Act, may present a petition praying for a decree for
judicial separation on any of the grounds specified in sub-section(1) if section
13, and in the case of a wife also on any of the grounds specified in subsection(2) thereof , as grounds on which a petition for divorce might have been
presented.
2. Where a decree for judicial separation has been passed , it shall no longer be
obligatory for the petitioner to cohabit with the respondent but the court may
on the application by petition of either party and on being satisfied of the truth
of the statement made in such petition rescind the decree if it considers it just
and reasonable to do so.
The following are the grounds on which a women can obtain judicial separation.
1. Cruelty
2. Adultery
3. Desertion
4. Husband has been sentenced to imprisonment for more than 7 years.
5. Husband has a mental disorder that is incurable or such that the wife cannot
be excepted to continue living with him.
6. Husband has a transmissible venereal disease
7. Husband has leprosy
8. Husband has committed rape of someone other than the wife, sodomy or
bestiality.
9. Husband has converted to another religion

10. Husband has renounced the world by entering a religious order,

11. Husband had not been heard of as alive for over 7 years.
12. Marriage took place before the wife attain 15 years and she repudiated it
before attaining 18 years
13. Husband behaviour is such that the wife cannot reasonably be expected
to continue living with him
14. Husband has caused the wife grievous hurt
15. Husband has forced wife to submit to prostitution
16. Husband had refused to consummate the marriage for one year since the
wedding
17. Husband has not provided the wife maintenance for over 2 years
18. Husband has been impotent since the marriage
19. First wife can apply for judicial separation if her husband had married a
second wife.
Section 13: Grounds for Divorce
1.
2.
3.
4.
5.
6.
7.
8.
9.

Adultery
Cruelty
Desertion
Conversion
Unsound mind
Leprosy
Venereal disease.
Renounced the world
Presumed dead

Section 13 B:- Divorce by mutual consent

If the spouses have been living separately for a period of one year or more must
not have been able to live together and must have mutually agree that the marriage
should be dissolved.
OR
What are the provisions under the Dowry Prohibition Act, 1961 relating
to protect the status of women?
Introduction :Admittedly, the dowry system is prevailing in the Hindu community since olden
days. When a bride was brought into the family, it was considered to be a great even
and it was look upon as bringing fortune into the family not by way of dowry but on
account of the grace the young lady carried with and around her.
In fact the dowry system began as customary presents with love and affection
and to give some presents to the bride and bridegroom. But in the present time this
system has taken the ugliest form, now it has become the only consideration for
settlement of marriage.
The Dowry Prohibition Act, 1961 came into force on 20 th May 1961, to prohibit
the giving or taking of dowry.
Section 2:-Dowry means any property or valuable security given or agreed to be
given either directly or indirectly:

a. By one party to a marriage to the other party to the marriage, or

b. By the parents of either party to marriage or by any other person to
either party to the marriage or to any other person at or before [or any
time after the marriage] in connection with the marriage of the said
parties, but does not include] dower or Mahr in the case of persons to
whom the Muslim personal law applies.
Section 3: penalty for giving to taking dowry :(1). If any person, after the commencement of this Act, gives or takes or
abets the giving or taking of dowry, he shall be punishable [with
imprisonment for a term which shall not be less than [five years, and with
fine which shall not be less than fifteen thousand rupees or the amount of
the value of such dowry, whichever is more.
Provided that the court may, for adequate and special reasons to be
recorded in the judgment, impose a sentence of imprisonment for a term
of less than [five years]
2) nothing in this section is not applied to the presents which are given to
the bride or bride groom at the time of marriage without any demand.
Section 4 : if any person or any person behalf of the bridegroom demands of
dowry is punishable with imprisonment for a term which shall not be less than 6
months but extend to 2 years and fine of 10,000/ rupees.
Section 4A:- any agreement for giving or taking dowry shall be void.
Section 7 :- offences committed under the Act are cognizable offences and no
court inferior to that of Metropolitan Magistrate or judicial Magistrate of first class shall
try offences either on its own knowledge or on a police report or on complaint sued
by an aggrieved person.
Section 8:- it declares that offences committed the Act are cognizable, nonbailable and non-compoundable. This provision connotes legislative in section that
they intended to provide stringent measures regarding punishment with view to
prevent evil system of dowry.
Section 8-B: Dowry prohibition officers
This section lays down the powers and functions of the officers,
a. To ensure the compliance of the provisions of the dowry prohibition act.
b. To check the taking on abetting or demanding of dowry as far as
possible.
c. To collect evidence with the view to initiate prosecution of persons
committing offences under the Act; and
d. To perform any additional function as may be assigned to the officer
by the state government which are specified in the rules made under
the act.
Section 9: power to make rules
The section empowers the central government to make rules for carrying out
the purposes of the Act.

Section 10: power to make rules

The section empowers the state government to make rules for carrying out the
purposes of the Act.
Q.No.3 (b)
5

Immoral trafficking in women Act

Marks:

THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956

.
Section 2. Definitions.In this Act. unless the context otherwise requires
(a) brothel includes any house, room, conveyance or place, or any portion of any
house, room, conveyance or place, which is used for purposes of sexual exploitation
or abuse for the gain of another person or for the mutual gain of two or more
prostitutes;
(f) prostitution means the sexual exploitation or abuse of persons for commercial
purposes or for consideration in money or in any other kind, and the expression
prostitute shall be construed accordingly;
Section 3: Punishment for keeping a brothel or allowing premises to be used
as a brothel.
(1) Any person who keeps or manages, or acts or assists in the keeping or
management of, a brothel shall be punishable on first conviction with rigorous
imprisonment for a term of not less than two years and which may extend to three
years and also with fine which may extend to ten thousand rupees and in the event of
a second or subsequent conviction, with rigorous imprisonment for a term which shall
not be less than three years and which may extend to seven years and shall also be
liable to fine which may extend to two lakh rupees
(2) a any person who,
(a) being the tenant, lessee, occupier or person in charge of any premises, uses, or
knowingly allows any other person to use, such premises or any part thereof as a
brothel, or
(b) being the owner, lessor or landlord of any premises or the agent of such owner,
lessor or landlord, lets the same or any part thereof with the knowledge that the same
or any part thereof is intended to be used as a brothel, or is wilfully a party to the use
of such premises or any part thereof as a brothel, shall be punishable on first
conviction with imprisonment for a term which may extend to two years and with fine
which fine which may extend to two thousand rupees and in the event of a second or
subsequent conviction, with rigorous imprisonment for a term which may extend to
five years and also with fine.
(2-A) For the purposes of sub-section
(2), it shall be presumed, until the contrary is proved, that any person referred to in
clause (a) or clause (b) of that sub-section, is knowingly allowing the premises or any
part thereof to be used as a brothel or, as the case may be, has knowledge that the
premises or any part thereof are being used as a brothel, if,
(a) a report is published in a newspaper having circulation in the area in which such
person resides to the effect that the premises or any part thereof have been found to
be used for prostitution as a result of a search made under this Act; or

(b) a copy of the list of all things found during the search referred to in clause (a) is
given to such person.
(3) Notwithstanding any thing contained in any other law for the time being in force,
on conviction of any person referred to in clause (a) or clause (d) of sub-section (2) of
any offence under that sub-section in respect of any premises or any part thereof, any
lease or agreement under which such premises have been leased out or held or
occupied at the time of the commission of the offence, shall become void and
inoperative with effect from the date of the said conviction.
Section 4. Punishment for living on the earnings of prostitution .
(1) Any person over the age of eighteen years who knowingly lives, wholly or in
part, on the earnings of the prostitution of any other person shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may
extend to one thousand rupees, or with both, and where such earnings relate to the
prostitution of a child, shall be punishable with imprisonment for a term of not less
than seven years and not more than ten years.
(2) Where any person over the age of eighteen years is proved,
(a) to be living with,or to be habitually in the company of, a prostitute; or
(b) to have exercised control, direction or influence over the movements of a
prostitute in such a manner as to show that such person is aiding abetting or
compelling her prostitution; or
(c)to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed,
until the contrary is proved, that such person is knowingly living on the earnings of
prostitution of another person within the meaning of sub-section (1).
Section 5:- Procuring, inducing or taking person for the sake of prostitution .
(1)Any person who
(a) procures or attempts to procure a person whether with or without his/her
consent, for the purpose of prostitution; or
(b) induces a person to go from any place, with the intent that he/shemay for the
purpose of prostitution become the inmate of, or frequent, a brothel; or
(c) takes or attempts to take a person or causes a person to be taken, from one
place to another with a view to his/her carrying on, or being brought up to carry on
prostitution ; or
(d) causes or induces a person to carry on prostitution; shall be punishable on
conviction with rigorous imprisonment for a term of not less than three years and
not more than seven years and also with fine which may extend to two thousand
rupees, and if any offence under this sub-section is committed against the will of
any person, the punishment of imprisonment for a term of seven years shall extend
to imprisonment for a term of fourteen years:
Provided that if the person in respect of whom an offence committed under this
subsection, is a child, the punishment provided under this sub-section shall extend
to rigorous imprisonment for a term of not less than seven years but may extend to
life.

(3) An offence under this section shall be triable,

(a) in the place from which a person is procured, induced to go, taken or caused to be
taken or from which an attempt to procure or taken such persons made; or
(b) in the place to which she may have gone as a result of the inducement or to which
he/she is taken or caused to be taken or an attempt to take him/her is made.
Section 5A:- Whoever recruits, transports, transfers, harbours, or receives a person
for the purpose of prostitution by means of,
(a) threat or use of force or coercion, abduction, fraud, deception; or
(b) abuse of power or a position of vulnerability; or
(c) giving or receiving of payments or benefits to achieve the consent of such person
having control over another person, commits the offence of trafficking in persons.
Explanation.Where any person recruits, transports, transfers, harbours or receives a
person for the purposes of prostitution, such person shall, until the c
contrary is proved, be presumed to have recruited, transported, transferred,
harboured or received the person with the intent that the person shall be used for
the purpose of prostitution.
Section 5B:(1) Any person who commits trafficking in persons shall be punishable on first
conviction with rigorous imprisonment for a term which shall not be less than seven
years and in the event of a second or subsequent conviction with imprisonment for
life.
(2) Any person who attempts to commit, or abets trafficking in persons shall also be
deemed to have committed such trafficking in persons and shall be punishable with
the punishment hereinbefore described.
Section 5C.:- Any person who visits or is found in a brothel for the purpose of sexual
exploitation of any victim of trafficking in persons shall on first conviction be
punishable with imprisonment for a term which may extend to three months or with
fine which may extend to twenty thousand rupees or with both and in the event of a
second or subsequent conviction with imprisonment for a term which may extend to
six months and shall also be liable to fine which may extend to fifty thousand rupees.
Section 6:- Detaining a person in premises where prostitution is carried on .(1) Any
person who detains any other person, whether with or without his consent,
(a) in any brothel, or
(b) in or upon any premises with intent that such person may have sexual intercourse
with a person who is not the spouse of such person, shall be punishable on conviction,
with imprisonment of either description for a term which shall not be less than seven
years but which may be for life or for a term which may extend to ten years and shall
also be liable to fine which may extend to one lakh rupees:
Provided that the court may for adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term which may be less than
seven years.

(2) Where any person is found with a child in a brothel, it shall be presumed, unless
the contrary is proved, that he has committed an offence under sub-section (1).(2-A)
Where a child found in a brothel, is, on medical examination, detected to have been
sexually abused, it shall be presumed unless the contrary is proved, that the child has
been detained for purposes of prostitution or, as the case may be, has been sexually
exploited for commercial purposes.
(3) A person shall be presumed to detain a person in a brothel or in upon any
premises for the purpose of sexual intercourse with a man other than her lawful
husband, if such person, with intent to compel or induce her to remain there,
(a) withholds from her any jewellery, wearing apparel, money or other property
belonging to her, or
(b) threatens her with legal proceedings if she takes away with her any jewellery,
wearing apparel, money or other property lent or supplied to her by or by the direction
of such person.
(v) the manner in which the accounts of a protective home and a corrective institution
shall be maintained and audited;
(vi) the maintenance of registers and statements by a licensee and the form of such
registers and statements;
(vii) the care, treatments, maintenance, training, instruction, control and discipline of
the inmates of protective home and corrective institutions;
(viii) the visits to and communications with inmates;
(ix) the temporary detention of persons sentenced to detention in protective homes or
in corrective institution until arrangements are made for sending them to such homes
or institutions;
(x) the transfer of an inmate from:
(a) protective home to another, or to a corrective institution,
(b) one corrective institution to another, or to a protective home, under sub-section (9A) of Section 21;
(xi) the transfer in pursuance of an order of the Court from a protective home or a
corrective institution to a prison of a person found to be incorrigible or exercising bad
influence upon other inmates of the protective home or the corrective institution and
the period of her detention in such prison;
(xii) the transfer to a protective home or corrective institution of persons sentenced
under Section 7 and the period of their detention in such home or institution;
(xiii) the discharge of inmates from a protective home or corrective institution either
absolutely or subject to conditions, and their arrest in the event of breach of such
conditions;
(xiv) the grant of permission to inmates to absent themselves for short periods;

(xv) the inspection of protective homes and corrective institutions and other
institutions in which a persons may be kept, detained and maintained;
OR
Divorce under Muslim Law
Under the Muslim law termination of marriage is called Talaq. In other words,
Talaq means repudiation of wife/husband by husband/wife. Under Muslim, law when
the marriage is dissolved by husband is called talaq.
TALAQ PRONOUNCEMENT:- A Muslim husband can pronounce Talaq by the following
modes, these are as under:
1.Ahsan:- this is the most approved mode of talaq. Although this mode of talaq
prescribes certain conditions to be fulfilled by the husband.
i. pronouncement of talaq must be made in a single sentence by the husband.
ii. only when the women is in a state of purity the husband can make pronouncement
of talaq.
2. Hasan:- under this mode, the husband is required to pronounce the formula
three times during three successive tuhrs namely three periods of purity of the
wife. The moment last formula of talaq is pronounced, the talaq becomes
irrevocable. The marital tie will come to end and prohibition on sexual
intercourse imposed.
3. Talaq-i-bain:- it is a recognised form of divorce among the Hamasis, otherwise
this mode of talaq is disapproved by the other Muslims schools, .
4. Single revocable talaq:- where
marriage has been consummated the
pronouncement of a single talaq is valid. Even if the pronouncement is made at
a time when the wife is in her menstruation the trade may be valid.
Divorce at the request of wife:
It is well-settled that the muslim marriage canbe dissovled by the husband or
by wife or by mutual agreement between the spouses. However in case the
marriage is dissolved at the request of wife, this is called khula. The following
are the essential of a valid khula,
i.
ii.

Common consent of the spouses, and

There has to be some iwad i.e., consideration or season.

Divorce by mutual consent:- it is called Mubraa means freeing one from another
mutually. It is mutual discharge from marriage tie.
Other modes of divorce.
1. Illa:- in this mode, the husband seek not to have sexual intercourse with the
wife and abstains for 4 or more months. After the moment such period has
expired, the marriage may come to an end and parties are not required to go
to the court of law for obtaining its approval.
2. Zihar:- it another mode of divorce, the wife is promoted form the subordinate
status of a wife to the highly honourable position of a adoptive mother. It
amounts to divorce.

3. Faskh:- it means cancellation of marriage. A muslim wife can approach the

quazi with the request to dissolve the marriage. This mode is based on the
concept that if a women is prejudiced by a marriage, let it be boken off.
The dissolution of muslim marriage Act 1939 and divorce
This Act provides grounds for decree of dissolution of marriage. Section 2:1.
2.
3.
4.
5.
6.
7.
8.

Whereabouts of the husband is not known for a period of 4 years.

Failure to maintain wife for a period of 2 years
Husbands imprisonment for 7 years and upwards.
Failure to perform marital obligation on the part of husband.
Impotency of husband.
Insanity, leprosy and virulent venereal disease
Option of wife at puberty
Cruelty.

The salient features of the PCPNDT Act, 1994, and the implication of its
amendment in 2003!
Pre Conception and Pre-Natal Diagnostic Technique Act, 1994 was enacted to arrest
the declining sex ratio. It is a subject of discussion now, because an all-time low child
sex ratio of 914 was reported in the 2011 provisional census data.
The main purpose of enacting the act is to ban the use of sex selection techniques
before or after conception and prevent the misuse of prenatal diagnostic technique for
sex selective absorption.
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 ultrasound machine or any other equipment
capable of detecting sex of the foetus.
The act was amended in 2003 to improve the regulation of the technology used in sex
selection.
Implications of PCPNDT Act, 1994 amendment:
i. Amendment of the act mainly covered bringing the technique of pre conception sex
selection within the ambit of the act.
ii. Bringing ultrasound within its ambit.
iii. Empowering the central supervisory board, constitution of state level supervisory
board.
iv. Provision for more stringent punishments.
v. Empowering appropriate authorities with the power of civil court for search, seizure
and sealing the machines and equipments of the violators.
vi. Regulating the sale of the ultrasound machines only to registered bodies
MUTUAL CONSENT DIVORCE PROCEDURE: A COMPLETE GUIDE

Procedure Mutual Consent Divorce

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the
year 1976 in the Hindu Marriage Act.
Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is
desirable to suggest to parties to understand the futility of long drawn litigation and
thereby proceed towards mutual consent divorce.
As per law, duration/time of obtaining mutual consent divorce is six months. Although,
parties have option of filing the second motion petition any time between six months
and eighteen months from the date of the filing of the Mutual Consent Divorce
Petition.
Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate
the process, role of court, terms and conditions of mutual consent divorce, issues of
maintenance and child custody, duration of mutual consent divorce, place where
Petition for mutual consent divorce can be filed and other allied questions. For the
purpose clarity, you just need to understand following bullets point:Spouses should talk to each other about future course. If both spouses reach to a
conclusion that marriage is not workable they should ease out the tension surrounding
them and accept that their marriage has broken down. Forget the fear of society.
Nobody knows situation better than husband and wife themselves; also impact on the
children.
Accept that there can be agreement even in disagreement.
If there are child(ren) involved, spouse should decide amongst themselves who is
going to be have the physical custody of the children, duration of visitation rights and
interim custody during summer and winter vacations and other holidays. Both parents
are equally competent to take the custody of the children. Its the understanding and
agreement between parties which prevails subject to the welfare of the minor
child(ren). Parties can have understanding of joint custody or shared parenting in
mutual consent divorce process.
Next important aspect is financial settlement. There are various aspects of financial
settlement which includes alimony, maintenance, house, education expenses, higher
education expenses, marriages, istridhan, joint investments, joint accounts and many
other. As a mutual consent divorce lawyers, we provide platform to parties to discuss
these issues in calm atmosphere and reach to their own solutions. We as a mutual
consent divorce lawyers provide different options using our vast experience in the
field to resolve issues affecting the chances of settlement. Sometime, emotions
between spouses are running so high that logic fails.
NOW, you are ready to file petition for mutual consent divorce.Petition for mutual
consent divorce can be filed at any of the following place:Place where marriage had taken place
Place where husband and wife last resided together.
Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in
the Court for recording of the statement. In the event one of the party is unable to
come, such party can appear through power of attorney. Such power of attorney
preferably should be a family member of the spouse.Once statement is recorded, it is
commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period
before moving Petition for second motion. This period is extendible unto eighteen
months. This six months period in mutual consent divorce is generally called coolingoff period. Six months period are given to parties to think their relationship again. It is
given for reconciliation.
After six months period, if parties have been unable to resolve their differences, they
will have to appear in the Court again. Statement of parties would be recorded again.
During the period of six months i.e. before moving second motion, both parties have
liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce
and thereby marriage stands dissolved.
Monogamy (/mnmi/ m-NOG--mee) is a form of relationship in which an
individual has only one partner during his or her lifetime or at any one time (serial
monogamy), as compared to polygyny, polyandry, or polyamory.[1] The term is also
applied to the social behavior of some animals, referring to the state of having only
one mate at any one time.
It is important to have a clear understanding of the nomenclature of monogamy
because scientists use the term monogamy for different relationships. Biologists,
biological anthropologists, and behavioral ecologists often use the term monogamy in
the sense of sexual, if not genetic, monogamy.[2] Modern biological researchers, using
the theory of evolution, approach human monogamy as the same in human and nonhuman animal species. They postulate the following four aspects of monogamy:

Marital monogamy refers to marriages of only two people.

Social monogamy refers to two partners living together, having sex with each
other, and cooperating in acquiring basic resources such as shelter, food, and
money.

Sexual monogamy refers to two partners remaining sexually exclusive with

each other and having no outside sex partners.[3]

Genetic monogamy refers to sexually monogamous relationships with genetic

evidence of paternity.[3]

When cultural or social anthropologists and other social scientists use the term
monogamy, the meaning is social or marital monogamy.[2][3] Marital monogamy may
be further distinguished between:

1. marriage once in a lifetime;

2. marriage with only one person at a time (serial monogamy), in contrast
to bigamy or polygamy;[1]
Indian Christian Divorce Act
The Indian Divorce Act deals with divorce among Christians. The reasons are almost
similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under
the purview of any divorce proceedings since the Roman Catholic Church has
not recognise divorce. The Divorce Act also does not contain any provision for divorce
by mutual consent.Maintenance: During the period when the divorce case is in the
court, the husband has to give one fifth of his salary for the maintenance of his wife.
Later, maintenance can be given either yearly or once for all as
total settlement.Custody: Custody of the child is decided by the court after going into
the details of each individual case.

The Dissolution of Marriage and Judicial separation (under the Indian

Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High
Court or District Court on the grounds
o

That her husband has exchanged his profession of Christianity and gone
through a form of marriage with another woman.

Has been guilty of incestuous adultery.

Has been guilty of bigamy and adultery.

Has been guilty of rape, sodomy or bestiality.

Is guilty of adultery coupled with desertion, without reasonable excuse for two
years or more.

The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce
of Christians and to confer jurisdiction on certain Courts in matrimonial
matters. Section 7 of the Act specifically provides for the application of the
principles and rules on which the Court for Divorce and Matrimonial Causes
in England acts and gives relief.
The relief granted under Indian Divorce Act, 1869
o

Dissolution of marriage

Nullity of marriage

Judicial separation

Protection orders

Restitution of conjugal rights.

The Courts also have powers to:

Order adulterer to pay damages and costs

Order alimony, pendante-lite (pending decision of the Court) or permanent

Order settlement of property

Make order as to custody of children in a suit or separation

Though Section 22 of the Act bars divorce mensa et toro (a decree that can be
obtained without the presence of the other party, an exparte decree), it provides for
obtaining a decree for judicial separation on grounds of
o

adultery

cruelty

desertion, without reasonable excuse for two years or more.

Once the separation is awarded, from the date of the sentence, the separated wife
would be deemed spinster, with respect to property, which she may acquire or which
may devolve on her. This status would apply for the purposes of contract, wrongs and
injuries and suing and being sued in civil proceedings.
Grounds of divorce under Hindu Marriage Act, 1955

According to Section 13 of Hindu Marriage Act, 1955 lays down as under:

Section 13. Divorce - (1) Any marriage solemnized, whether before or after the comm
this Act, may, on a petition presented by either the husband or the wife, be dissolved by a d
divorce on the ground that the other party:i) is living in adultery; or
ii) has ceased to be a Hindu by conversion to another religion; or

iii) has been incurably of unsound mind for a continuous period of not less than three years
preceding the presentation of the petition; or

iv) has, for a period of not less than three years immediately preceding the presentat
petition, been suffering from a virulent and incurable form of leprosy; or

v) had, for a period of not less than three years immediately preceding the presentat
petition, been suffering from venereal disease in a communicable form; or
vi) has renounced the world by entering any religious order; or

vii) has not been heard of as being alive for a period of seven years or more by those p
would naturally have heard of it, had that party been alive; or

viii) has not resumed cohabitation for a space of two years or upwards after the passin
decree for judicial separation against that party; or

ix) has failed to comply with a decree for restitution of conjugal rights for a period of t
or upwards after the passing of the decree.

(2)A wife may also present a petition for the dissolution of her marriage by a decree of d
ground:i)
in the case of any marriage solemnized before the commencement of this Act, th
husband
ii)
had married again before such commencement or that any other wife of the hus
before such commencement was alive at the time of the solemnization of the ma
petitioner:

Provided that in either case the other wife is alive at the time of the presentation of th

ii) that the husband has, since the solemnization of the marriage, been guilty of rape, s
bestiality.

Section 13 of the Hindu Marriage Act, 1955, describes the following grounds of divorce as un
o Adultery
o Conversion
o Mental disorder/Unsound Mind
o Leprosy

Mohd. Ahmed Khan vs. ShahBano Begum case

This is a landmark judgement in securing the rights of muslim women on the
maintenance field. A provision was applied in terms of uniform civil code.
Fact of the case:
1.
An application was made under Sec125 in regards to maintenance granted to a
wife who is unable to maintain herself. Wife includes a women who has been
divorced or has obtained divorce and not remarried.
2.

The Appellant was a advocate by Profession married to Respondent in 1932.

They begot 3 sons and 2 daughters out of the Marriage.

3.

In 1975 the appellant drove the respondent out of the home. In 1978
respondent filed a petition under sec125 of Crpc, in JMFC Indore for maintenance.

4.

In 1978 the appellant divorced the respondent by irrevocable Talak and took up
the defence that since she is no more a wife he has no obligation to provide
maintenance to her as he has already paid Rs.200 per month for 2 years in a
manner of Dower during the period of Iddat.

5.

In 1979 the Magistrate directed to pay a sum of Rs.25 per month to the
respondent by way of maintenance.

6.

The High Court of Madhya Pradesh enhanced the amount to Rs.179.20 per
month.

7.

The Husband made a special writ petition to Supreme Court.

Judgement :
1.
It was held that sec125 of the code is truly secular in character. It was enacted
to provide quick and summary remedy to the class of persons who are unable to
maintain themselves.
2.

Irrespective of the person being of any religion sec 125 is applicable because it
is a part of Criminal Procedure Court and not Civil Laws.

3.

Neglect by a person of sufficient means to not give maintenance to any

dependents leads to invoking of 125.

4.

The rights conferred by sec125 can be exercised irrespective of Personal Law of

the Parties.

5.

In this case Husband Liabilities to provide maintenance doesnt get limited into
the boundation of time period of Iddat but as long as the wife is unable to maintain
herself or remarried even though Iddat period is over.

UNIT - IV
Law related to adultery and rape ?
Adultery laws: The legal definition of adultery varies from country to country. Laws
related to adultery vary from statute to statute and at some places adultery is
considered a crime and the adulterer may even have to face death penalty while at
some places it is not punishable. In few statutes, if either individual is married to
someone else, both parties to an adulterous liaison are culpable to the crime.
Christian, Jewish, Islamic and Hindu traditions condemn the act of adultery and in
Islam; the adulterers especially the female may be stoned to death. According to
Indian jurisdiction, the adultery law comes under Section 497 of the Indian penal code.
There are two laws pertaining to adultery:Section-497- Adultery Whoever has sexual intercourse with a person who is and
whom he knows 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 case, the wife shall not be punishable as an abettor.
Section-498- Enticing or taking away or detaining with criminal intent a
married womanWhoever takes or entices any woman who is and whom he knows
or has reasons to believe to be the wife of any other man, from that man, or from any
person having the care of her on behalf of that man, with intent that she may have
illicit intercourse with any person or conceals or detains with that intent any such
woman, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Our society abominates marital infidelity and these laws have been passed to
maintain and preserve the sanctity of marriage.
Rape Laws of India.
law needs to be more sensitive to the feelings of the victim, who has had a traumatic
time and scarcely needs to be reminded of it. Often the victim is abused and
humiliated. "Don't try to tell us that you didn't enjoy it."
There are a few points in the law, which are open to debate. Sexual intercourse by a
man with his own wife, where the wife is over 15 years of age, is not rape. Sexual
intercourse in a custodial situation is deemed an offence (policemen, public servants,
managers of public hospitals and remand homes or wardens of jails), even if it is with
the consent of the woman.
As a whole, the process of law is biased against the victim. If the victim is a minor, the
onus is on the accused to prove his innocence. But if the victim is a major, it is up to
her to prove her charge. Therefore, the defence finds it worthwhile to prove that the
victim is a major.

Also, in rape cases, unless the woman is examined medically within 24

hours, it becomes difficult forensically to prove that rape has occurred.
The laws too are discriminatory in nature. According to Section 155 (4) of Indian
Evidence Act, "When a man is prosecuted for rape or an attempt to ravish, it may be
shown that the prosecutrix (victim) was of generally immoral character." Section 54 of
Indian Evidence Act says, "In criminal proceedings (including rape) the fact that the
accused person has a bad character is irrelevant, unless evidence has been given (by
him) that he has a good character, in which case it becomes relevant."
When the laws themselves carry an inherent bias, how far can the victim be assured
of justice?
Rape is a weapon that distorts a woman's sexuality, restricts her freedom of
movement and violates her human rights. It leaves a woman feeling exposed,
humiliated and traumatised. A rapist not only violates the victim's privacy and
personal integrity, but also causes serious physical and psychological damage.
The law must take a fresh look at itself and take positive steps to make it more
difficult for an accused to get judicial reprieve.
Section 375 of the Indian Penal Code (IPC) defines rape. Rape (from Latin rapio, to
carry off, to overcome) means an unlawful intercourse done by a man with a woman
without her valid consent. In certain cases, when consent is taken by fraudulent
means or by misrepresentation, the act is still quite rightly- taken as rape. A rapist,
for instance can put a gun at his victim's head and obtain consent. Still better, he
could ask one of his goons to put a gun on her husband's head and tell her that the
gun would go off if she did not relent. Consent could also be had fraudulently by
giving her intoxicating or stupefying substances ( Cannabis is just one of the many
stupefying drugs which can be given to achieve this). Another way of getting consent
by fraudulent means is by impersonation. A rapist may slip into the bed of an
unsuspecting woman in the thick of night, when the woman, taking him to be her
husband not only does not resist, but actively participates in the act. These cases are
rare but do occur occasionally. Finally the consent of a woman of unsound mind and of
a girl below 16 are not taken to be lawful consent because it is presumed that these
women are not in a position to truly understand the nature and gravity of sexual
intercourse.
This was the position before 1983 and on the face of it the provisions sound fair
enough. Yet Ganpat managed to wriggle out of the legal consequences of his act. If a
police officer apprehends a person illegally and insists he will not free the man until
his wife submits to the officer, how can one prove rape if she does so? No person in
his right mind would imagine that such an act was not rape, yet the law would not
recognize it so before 1983. The women had to prove she had not consented. The
rapist was considered innocent unless proved otherwise.
The change in rape laws in 1983 improved the situation to a great extent. Among
other things, the punishment for rape was made more severe. Before, the punishment
prescribed under Section 376 of the IPC provided for a maximum sentence of life
imprisonment but there was no minimum limit. Thus, in theory a rapist could get away
with a sentence of say, just one month.

In 1983 although the legislature failed to increase the maximum sentence to capital
punishment as was vehemently demanded by women's organizations, it prescribed a
minimum sentence of seven years' imprisonment. Every rapist on being found guilty
thereafter bad to undergo a minimum imprisonment of seven years. Besides, an
important provision - Section 376(2) - was added to the IPC. This section introduced
the concept of some special kinds of rape and prescribed a minimum of ten years for
these cases. Furthermore, in such cases, the imprisonment had to be of a rigorous
nature only. These included rape by a police officer within the premises of a police
station; rape by a public servant of his junior while taking advantage of his official
position; rape by an official in a jail or remand home of an inmate; rape by someone
on the staff of a hospital of a woman in the hospital; rape of a pregnant women; rape
of a, girl under 12 years of age end gang rape.
Rape by persons who are in a position of authority e.g. police officers, jail wardens,
hospital staff etc., is generally termed custodial rape. Gang rape is a situation when a
woman is raped by one or more than one person from amongst a group of persons
acting in furtherance of their common intention. The important thing is that in such
situations each of the persons within the group will be deemed to have raped the
women even if each one of them did not actually have sexual intercourse with her.
Thus if five men catch hold of a woman and only one ravishes her in order to, for
instance, humiliate her husband because of some old vendetta, all the five men will
be imprisoned for a minimum of ten years.
It is very difficult for the victim to prove absence of consent especially in cases of
custodial rape, so a special section was added to the Indian Evidence Act (IEA).
According to the new provision - Section 114A of the IEA - in cases of custodial rape,
gang rape and rape of a pregnant woman, if the victim states in court that she did not
consent, then the court shall presume that she did not consent and the burden of
proving consent shell shift to the accused. This was a major reform in the law.
The legislature did not stop at this. There can be cases when a person in authority can
get a women to have intercourse with him "willingly" by offering handsome rewards in
return. A superintendent of a jail can offer better living conditions to a woman prisoner
if she "willingly" submits to him. Such cases will not amount to rape; nevertheless
they do signify abuse of official position. For such cases four special provisions - 376A,
376B, 376C and 376D - were added to the IPC and a, punishment of five years'
imprisonment provided. In effect, if a person in authority has had sexual intercourse
with a women in his custody, he will firstly have to prove that the women in question
had c6nsented. If he can't prove this he will be guilty of custodial rape and shell have
to undergo a minimum rigorous imprisonment often years. Secondly, even if he is able
to prove that the women did consent, he may not be charged with custodial rape yet
he can be imprisoned for five years under Sections 376B, 376C and 376D.
It would seem that enough changes have been made in the rape laws to bring if on
per with that of Western countries. However, there are still some glaring deficiencies.
For one thing, the law does not provide for separate and speedy trials for heinous
crimes such as child rape. The definition of rape too is finite restrictive. For raping a
women, penile penetration must be proved. One can ravish a women equally or much
more violently by shoving, for example, an iron rod into her private parts. Yet such a
man would not be held guilty of rape. Several such cases have indeed come to light.

Q.No.4(a). Explain the provision relating to Indecent Representation of

women (Prohibition) Act, 1986.
Marks: 15
Introduction
Parliament enacted the Indecent Representation of women (Prohibition) Act,
1986 to prohibit indecent representation of women through advertisements or in
publications, writings, paintings, figures or in any other matter.
Section 2. Definitions.- In this Act, unless the context otherwise requires,Section 2 (c): "indecent representation of women" means the depiction in any
manner of the figure of a woman; her form or body or any part thereof in such way as
to have the effect of being indecent, or derogatory to, or denigrating women, or is
likely to deprave, corrupt or injure the public morality or morals;
Section 3: Prohibition of advertisements containing indecent representation of
Women.- No person shall publish, or cause to be published, or arrange or take part in
the publication or exhibition of, any advertisement which contains indecent
representation of women in any form.
Section 4 : Prohibition of publication or sending by post of books, pamphlets,
etc; containing indecent representation of women.- No person shall produce or cause
to be produced, sell , let to hire, distribute, circulate or send by post any book,
pamphlet, paper, slide, film, writing, drawing, painting, photograph , representation or
figure which contains indecent representation of women in any form:
Provided that noting in this section shall apply to(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,
representation or figure
(i) the publication of which is proved to be justified as justified as being for the public
good on the ground that such book, pamphlet, paper, slide , film, writing, drawing,
painting, photography, representation or figure is in the interest of science, literature,
art, or learning , art, or learning or other objects of general concern; or
(ii) which is kept or used bona fide for religious purpose;
any representation sculptured, engraved, painted or otherwise represented on or in
(i) any ancient monument within the meaning of the Ancient Monument and
Archaeological Sites and Remains Act, 1958 (24 of 1958); or
(ii) any temple, or on any car used or the conveyance of idols, or kept or used for any
religious purpose; any film in respect of which the provisions of Part II of the
Cinematograph Act, 1952 (37 of 1952), will be applicable.
Section 5: Powers to enter and search.(1) Subject to such rules as may be prescribed, any Gazetted Officer authorized by
the State Government may, within the local limits of the area for which he is so
authorized:-

a. enter and search at all reasonable times, with such assistance, if any , as he
considers necessary, any place in which he has reason to believe that an offence
under this Act has been or is being committed;
b. seize any advertisement or any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure which he has reason to believe
contravenes any of the provisions of this Act;
c. examine any record, register, document or any other material object found in any
place mentioned in Cl.(a) and seize the same if he has reason to believe that it may
furnish evidence of the commission of an offence punishable under this Act.
Provided that no entry under this sub-section shall be made into a private dwellinghouse without a warrant:
Provided further that the power of seizure under this sub-section may be exercised in
respect of any document, article or thing which contains any such advertisement,
including the contents, if any, of such document, article or thing if the advertisement
cannot be separated by reason of its being embossed or otherwise from such
document, article or thing without affecting the integrity, utility or saleable value
thereof.
(2)The provisions of the Code of Criminal Procedure, 1973(2 of 1974), shall, so far as
may be, apply to any search or seizure made under the authority of a warrant issued
under Sec.94 of the said Code.
(3)where any person seizes anything under Cl.(b) or Cl.(c) of sub section (1), he shall,
as soon as may be, inform the nearest Magistrate and take his orders as to the
custody thereof.
Section 6: Penalty.- Any person who contravenes the provisions of Sec 3 or Sec 4 shall
be punishable on first conviction with imprisonment of either description for a term
which may extend to two years, and with fine which may extend to two thousand
rupees, and in the event of a second or subsequent conviction with imprisonment for
term of not less than six months but which may extend to five years and also with a
fine not less than ten thousand rupees but which may extend to one lakh rupees.
Section 7: Offences by companies.- (1) Where an offence under this Act has been
committed by a company, every person, who, at the time the offence was committed
was in-charge of, and was responsible to, the company for the conduct of the business
of the company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be proceeded against and punished
accordingly.

Section 8. Offences to be cognizable and bailable.-(1) Notwithstanding anything

contained in the Code of Criminal Procedure, 1973 (2of 1974) , an offence punishable
under this Act shall be bailable.
(2) An offence punishable under this Act shall be cognizable.
Section 9. Protection of action taken in good faith.- No suit, prosecution or other legal
proceeding shall lie against the Central Government or any State Government or any
officer of the Central Government or any State Government for anything which is in
good faith done or intended to be done under this Act.
10. Power to make rules.(1) The Central Government may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:(a) the manner in which the seizure of advertisement or other articles shall be made,
and the manner in which the seizure list shall be prepared and delivered to the person
from whose custody any advertisement or other article has been seized;
any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session for a total period of thirty days,
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
session aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
OR
Explain the provisions relating to Domestic violence against women Act
2005.
INTRODUCTION
An Act to provide for more effective protection of the rights of women
guaranteed under the Constitution who are victims of violence of any kind occurring
within the family and for matters connected therewith or incidental thereto..
The provisions relating to Domestic Violence against women Act 2005 are as follows
Section 3:- Definition of domestic violence
For the purposes of this Act, any act, omission or commission or conduct of the
respondent shall constitute domestic violence in case it (a) harms or injures or endangers the health, safety, life, limb or well-being, whether
mental or physical, of the aggrieved person or tends to do so and includes causing
physical abuse, sexual abuse, verbal and emotional abuse and

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce
her or any other person related to her to meet any unlawful demand for any dowry or
other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by
any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved
person.
.-For the purposes of this section,(i) "physical abuse" means any act or conduct which is of such a nature as to cause
bodily pain, harm, or danger to life, limb, or health or impair the health or
development of the aggrieved person and includes assault, criminal intimidation and
criminal force;
(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of woman;
(iii) "verbal and emotional abuse" includes- (a) insults, ridicule, humiliation, name
calling and insults or ridicule specially with regard to not having a child or a male
child;
and
(b) repeated threats to cause physical pain to any person in whom the aggrieved
person is interested.
(iv) "economic abuse" includes- (a) deprivation of all or any economic or financial
resources to which the aggrieved person is entitled under any law or custom whether
payable under an order of a court or otherwise or which the aggrieved person requires
out of necessity including, but not limited to, household necessities for the aggrieved
person and her children, if any, stridhan, property, jointly or separately owned by the
aggrieved person, payment of rental related to the shared household and
maintenance;
(b) disposal of household effects, any alienation of assets whether movable or
immovable, valuables, shares, securities, bonds and the like or other property in
which the aggrieved person has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required by the aggrieved person
or her children or her stridhan or any other property jointly or separately held by the
aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the
aggrieved person is entitled to use or enjoy by virtue of the domestic relationship
including access to the shared household.
Section 4:informant

Information to Protection Officer and exclusion of liability of

(1) Any person who has reason to believe that an act of domestic violence has been,
or is being, or is likely to be committed, may give information about it to the
concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith
of information for the purpose of sub-section
Section 5: Duties of police officers, service providers and Magistrate
A police officer, Protection Officer, service provider or Magistrate who has
received a complaint of domestic violence or is otherwise present at the place of an
incident of domestic violence or when the incident of domestic violence is reported to
him, shall inform the aggrieved person-

(a) of her right to make an application for obtaining a relief by way of a protection
order, an order for monetary relief, a custody order, a residence order, a
compensation order or more than one such order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39
of 1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of
1860), wherever relevant: Provided that nothing in this Act shall be construed in any
manner as to relieve a police officer from his duty to proceed in accordance with law
upon receipt of information as to the commission of a cognizable offence.
Section 6:- . Duties of shelter homes
.-If an aggrieved person or on her behalf a Protection Officer or a service provider
requests the person in charge of a shelter home to provide shelter to her, such person
in charge of the shelter home shall provide shelter to the aggrieved person in the
shelter home.
Section 7:- Duties of medical facilities
If an aggrieved person or, on her behalf a Protection Officer or a service provider
requests the person in charge of a medical facility to provide any medical aid to her,
such person in charge of the medical facility shall provide medical aid to the
aggrieved person in the medical facility.
Section 8:- Appointment of Protection Officers
(1) The State Government shall, by notification, appoint such number of Protection
Officers in each district as it may consider necessary and shall also notify the area or
areas within which a Protection Officer shall exercise the powers and perform the
duties conferred on him by or under this Act.
(2) The Protection Officers shall as far as possible be women and shall possess such
qualifications and experience as may be prescribed.
(3) The terms and conditions of service of the Protection Officer and the other officers
subordinate to him shall be such as may be prescribed.
Section 9:- Duties and functions of Protection Officers
.-(1) It shall be the duty of the Protection Officer(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate, in such form and in such
manner as may be prescribed, upon receipt of a complaint of domestic violence and
forward copies thereof to the police officer in charge of the police station within the
local limits of whose jurisdiction domestic violence is alleged to have been committed
and to the service providers in that area;

(c) to make an application in such form and in such manner as may be prescribed to
the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a
protection order;
(d) to ensure that the aggrieved person is provided legal aid under the Legal Services
Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form
in which a complaint is to be made;
(e) to maintain a list of all service providers providing legal aid or counseling, shelter
homes and medical facilities in a local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person so requires and
forward a copy of his report of having lodged the aggrieved person in a shelter home
to the police station and the Magistrate having jurisdiction in the area where the
shelter home is situated;
(g) to get the aggrieved person medically examined, If she has sustained bodily
injuries and forward a copy of the medical report to the police station and the
Magistrate having jurisdiction in the area where the domestic violence is alleged to
have been taken place;
(h) to ensure that the order for monetary relief under section 20 is complied with and
executed, in accordance with the procedure prescribed under the Code of Criminal
Procedure, 1973 (2 of 1974);
(i) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate,
and shall perform the duties imposed on him by the Magistrate and the Government
by, or under, this Act.
Section 11: Duties of Government
.The Central Government and every State Government shall take all measures to
ensure that(a) the provisions of this Act are given wide publicity through public media including
the television, radio and the print media at regular intervals;
(b) the Central Government and State Government officers including the police
officers and the members of the judicial services are given periodic sensitization and
awareness training on the issues addressed by this Act;
(c) effective co-ordination between the services provided by concerned Ministries and
Departments dealing with law, home affairs including law and order, health and
human resources to address issues of domestic violence is established and periodical
review of the same is conducted;
(d) protocols for the various Ministries concerned with the delivery of services to
women under this Act including the courts are prepared and put in place.
Section 12.:- Application to Magistrate
(1) An aggrieved person or a Protection Officer or any other person on behalf of the
aggrieved person may present an application to the Magistrate seeking one or more
reliefs under this Act:

Section 31.:- Penalty for breach of protection order by respondent

( 1) A breach of protection order, or of an interim protection order, by the respondent
shall be an offence under this Act and shall be punishable with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to
twenty thousand rupees, or with both.
Section 37. Power of Central Government to make rules
.-(1) The Central Government, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:(a) the qualifications and experience which a Protection Officer shall possess
under sub-section (2) of section 8;
(b) the terms and conditions of service of the Protection Officers and the other
officers subordinate to him, under sub-section (3) of section 8;
(c) the form and manner in which a domestic incident report may be made under
clause (b) of sub-section (1) of section 9;
(d) the form and the manner in which an application for protection order may be made
to the Magistrate under clause (c) of sub-section (1) of section 9;
(e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of
section 9;
(f) the other duties to be performed by the Protection Officer under clause (i) of subsection (1) of section 9;
(g) the rules regulating registration of service providers under sub-section (1) of
section 10;
(h) the form in which an application under sub-section (1) of section 12 seeking reliefs
under this Act may be made and the particulars which such application shall contain
under sub-section (3) of that section;
(i) the means of serving notices under sub-section (1) of section 13;
(j) the form of declaration of service of notice to be made by the Protection Officer
under sub-section (2) of section 13;
(k) the qualifications and experience in counseling which a member of the service
provider shall possess under sub-section (1) of section 14;
(l) the form in which an affidavit may be filed by the aggrieved person under subsection (2) of section 23;
(m) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
sessions foresaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect

only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
(b) Sati prevention.
Marks: 5
Sati is a traditional practice of widow immolation. Sati is an awesome practice
of Indian womenhood, carrying both the association of a barbaric society and of the
mystique of the Hindu women who voluntarily and cheerfully mounted the pyre of
her husband.
The British government, under the principles of religious tolerance allowed the
practice a scripturally authentic sati in those cases in which it is countenanced by
their religion.
The case against sati had been argued forcefully even before Rammohan Roy
by Mritunjay Vidyalankar. RamMohan Roys first pamphlet on sati was published in
1818, five years after the colonial administration had authrorised a particular version
of the practice of sati.
Rammohan Roy argued that Hindu religion never accepted sati. He says that Vedas
say from a desire during life, of future fruition life ought not to be destroyed. He
further produced a proof form Yajnavalkya of the widows right to live with her natal
or marital family on the death of her husband.
The Commission of Sati (Prevention) Act, 1987.
The Commission of Sati (Prevention) Act 1987 was enacted by the parliament in
the thirty eighth year of the Republic of India to provide for more effective prevention
of commission of sati and its glorification and for matters connected herewith or
incidental thereto.
It came into force on second March 1988.
According to section 2(c) of this Act, Sati means the burning or burying alive of
1. Any widow with the body of her deceased husband or any other relative or with
any article, object or thing associated with the husband or such relative; or
2. Any women along with the body of any of her relatives, irrespective of whether
such burning or burying is claimed to be voluntary on the part of the widow or
the women or otherwise.
PUNISHMENT FOR OFFENCES RELATING TO SATI:
SECTION 3:- PUNISHMENT FOR ATTEMPT TO COMMIT SATI
Wherever any person attempts to commit sati and does any act towards commission
of sati shall be punishable with imprisonment for a term which may extend to one
year or with fine or with both.
Section 4:- punishment for Abetment of sati.

1. If any person commits sati, whoever abets the commission of such sati,
either directly or indirectly, shall be punishable with death or imprisonment
for life and shall also be liable to fine.
2. The following act shall also be deemed to be an abetment for the purpose of
this section:
a. Any inducement to a widow or women to get her burnt or buried alive
along with the body of her deceased husband or with any other relative or
with any article, object or thing associated with the husband or with such
relative, irrespective of whether she is in a fit state of mind or is laboring
under a state of intoxication or stupefaction or other cause impeding the
exercise of her free will;
b. Making a widow or women believe that the commission of sati would
result in some spiritual benefit to her or her deceased husband or relative
or the general well-being of the family.
c. Encouraging a widow or women to remain fixed to her resolve to commit
sati and thus instigating her to commit sati;
d. Participating in any profession in connection with the commission of sati
or aiding the widow or women in her decision to commit sati by taking her
along with the body of her deceased husband or relative to the cremation
or burial ground;
e. Being present at the place where sati committed as an active participant
to such commission or to any ceremony connected with it;
f. Preventing or obstructing the widow or women from saving herself from
being burnt or buried alive.
g. Obstructing or interfering with, the police in the discharge of its duties of
taking any steps to prevent the commission of sati.
Section 5: whoever does not act for the glorification of sati shall be
punishable with imprisonment for a term of 1 year and extend to 7 years
and fine of 5000/- rupees which may extend to 30,000/- rupees.
Section 6:
1. The collector or the District Magistrate by order prohibit sati or any
abetment , the glorification in any manner of sati.
2. If any person contravenes shall be punishable with imprisonment for a
term of 1 year which may extend up to 7 years and fine up to 5000/rupees which may extend up to 30,000/- rupees.

OR
Eve teasing
A common scenario of defining how women are sexually harassed would be the
fact that these teasers wait in schools mostly, in colleges or they just sit outside the
houses and as soon they cite the girls walk past them they start passing vulgar
comments, filthy jokes, sly whistles, uncouth laugher, and sometimes reaching the
extreme of indecent exposure.
Forms of Eve teasing:Eve teasers frequently undergo passing vulgar comments, unnecessary touching,
pushing and shoving in the streets and mostly in public transports. Other women are
frequently harassed at workplaces by male supervisors, colleagues or bosses.

There are a lot of ways women are harassed. Some of the typical examples
would be vulgar stare, a wink, an opportune clap, a sly whistle, a needless collision, an
apparent casual touch, a persistent stare, passing uncouth comments, the purring of
an evocative song, despicable gestures, bikes soaring close with hand stretched
intending to take a feel of he girls body, passing by in slow moving cars with loud
music with a number of boys etc.
The following are some different scenarios.
1. With school going girls:- Most teenage boys wait outside school waiting to make
indecent remarks on the girl. Following her from school to home intending to
grab her attention.
2. Through mobiles:- this is one of the most popular forms of eve-teasing. A
stalker starts with sending a SMS in patterned and abstract language and the
girls falls for it, later they spend a few intimate moments together which is
captured by hidden video cameras and are later circulated using the internet.
3. Direclty by internet:- the best way in this modern world for girls and guys to
come closer to each other is by chatting through the internet. And thus most
girls are victimized by boys mostly because of sensualitys sake.
The most common reasons for Eve-teasing
The males having a strong attraction towards the opposite sex.
Inadequate scope for educating the females of our society
The sense of thought towards women
Be deficient in social and family bondage, and also family
detachment
Unemployment
Illiteracy
Bad associations
Having a dominating mentality and lack of respect towards the
physically weaker sex.
Abuse of power supported by political involvement
Ignoring the law.

Kidnapping Laws & Penalties

Kidnapping is a very serious charge that brings significant penalties. All states
categorize kidnapping as a felony offense, though states have different degrees of
felonies that have different sentences associated with them. More significant penalties
are typically given in cases where the victim is a child, or where the victim was
injured, sexually assaulted, or exposed to danger.

Prison. Kidnapping convictions can result in lengthy prison sentences, including

life sentences in some situations and states. Sentences of 20 years or more are
common for first degree or aggravated kidnapping, while minimum sentences of
five years or more are common for second degree kidnapping.

Fines. Fines for kidnapping offenses are substantial and are imposed in addition
to prison sentences. Aggravated kidnapping convictions can result in fines of
$50,000 or more, while simple kidnapping can result in fines of $10,000 or
more.

Probation. A court may also sentence a person convicted of kidnapping to a

probation term. Probation sentences for kidnapping convictions typically last

several years, and sometimes as much as 10 years. A person on probation must
comply with the court's conditions or face serving the original prison sentence,
pay additional fines, or face other criminal penalties. Common probation
conditions include meeting regularly with a probation officer, asking the officer
or court's permission before moving or traveling out of state, not committing
any more crimes, and not associating with known criminals.
outraging the modesty" of a woman without a precise definition of what constitutes a
woman's 'modesty'. And now, the Supreme Court has finally defined modesty. Its
definition: "The essence of a woman's modesty is her sex."
The result of the labour of the Bench comprising Justices Arijit Pasayat and S H
Kapadia will help fill a glaring void in the Indian Penal Code, 1860, but the scope of the
definition of 'modesty' as mentioned in Section 354 appears to go far beyond what
framers of the code possibly had in mind.
"The act of pulling a woman, removing her saree, coupled with a request for sexual
intercourse...would be an outrage to the modesty of a woman; and knowledge, that
modesty is likely to be outraged, is sufficient to constitute the offence," the Bench
said in a judgement that has drawn from several verdicts by different courts.
n other words, outraging a woman's modesty as mentioned in Section 354 will apply
to crimes against women that stop short of penetration, in which event it becomes
rape. In the same judgement, the court ruled that penetration alone was sufficient to
qualify as rape whether there has been ejaculation or not.
The court's definition shows growing sensitivity to a changing society in which
relatively subtle acts of harassment of women have come to be viewed as crime. The
court also clarified that claims of lack of protest can't be an alibi
The bench said: "The culpable intention of the accused is the crux of the matter. The
reaction of the woman is very relevant, but its absence is not always decisive." This,
say legal experts, will have importance for women facing harassment at their work
place, from acquaintances, or while out on dating.
The pronouncement came in a case where one Ramkripal, convicted of rape, had
sought lenience pleading that he was, at worst, guilty of outraging the woman's
modesty. The court, however, rejected the argument while pointing out that
Ramkripal, against whom it was established that he penetrated the female organ of
the victim, was guilty of rape and cannot be allowed to get away with a lighter
punishment.
Law related to obscenity and Indecent representation

Section 294 of the Indian Penal Code lays down the punishment for obscene acts
or words in public. The other sections of Indian Penal code which deal with obscenity
are 292 and 293. The law does not clearly define what would constitute an obscene
act, but it would enter the domain of the state only when it takes place in a public
place to the annoyance of others. Temple art or nakedness of sadhus are traditionally
outside the purview of this section.
Case Law[edit]

Dismissing a complaint that Richard Gere had acted obscenely by kissing Shilpa
Shetty in public,[3] the Supreme Court of India had observed that in this issue 'no
case was made out'.[4]

Even after this verdict, complaints have been filed in courts claiming that kissing
in public constitutes an offense under this section.[5] Kiss of Love Protesters were
threatened with lawsuits under this section.[6]

The Kerala High Court had observed that the performance of cabaret dance
devoid of nudity and obscenity, judged according to the standards indicated was
permissible, and was not in any way liable to be banned or prevented.[citation needed]

Quashing a case against 13 men who were arrested for allegedly indulging in
obscene acts with women in a flat, the Bombay High Court has said any such
action done in a private place is not a criminal offence under the Indian Penal
Code.

UNIT-5
Q,NO.5(a) Explain the benefit conferred on women under the Maternity
Benefit Act, 1961.
Marks: 15
Introduction
Maternity is a nautral function of women. It is treated as a contingency and
insecurity requiring protection. Maternity coverage is more extensive than sickness
coverage as maternity is entirely different from sickness.
The maternity Benefit Act, 1961.
Obejects
This Act was enacted to regulate the employment of women in certain
establishments for certain periods before and after child birth and to provide for
maternity benefit and certain other benefits.
Section 4:-Restrictions on Employment or work by women:
1. No employer shall knowingly employ a woman during the six weeks immediately
following the day of her delivery of miscarriage [medical termination of pregnancy]
and no woman shall work in any establishment during the said period.
2. No pregnant woman shall, work in any establishment during the six weeks
immediately following the day of her delivery of her miscarriage

3. without prejudice to the provisions of section 6, no pregrant woment shall on a

request being made by her in this behalf, be required by her employer to do during
the period specified in sub-section (4) any work which is of an hardous nature or
which involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus or is likely to interfere with her
pregnancy or the normal development of the fetus, or is likely to cause her
miscarriage or otherwise to adversely affect her health.
4. the period referred to in sub-section (3) shall be(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
b) any period during the said period of six weeks for which the pregnant women does
not avail of leave of absence under section 6.

3.(1) Subject to the provisions of the Act, every woman who has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than eighty days, including the days during which she was laid off, shall be
entitled to, and her employer shall be liable for, the payment of maternity benefit at
the rate of her average daily wages, or the minimum rate of wage fixed or revised
under the Minimum Wages Act, 1948, or ten rupees a day, whichever is highest, for
the period of her actual absence not exceeding six weeks immediately preceding the
day of delivery and the remaining period immediately following that day:
PROVIDED that the qualifying period of eighty days aforesaid shall not apply to a
woman who has immigrated into the State of Assam and was pregnant at the time of
the immigration:
PROVIDED FURTHER that where a woman dies during the period for which maternity
benefit is payable to her, the benefit shall be payable only for the days up to and
including the day of her death. However, where the woman having been delivered of a
child, dies during her delivery or during the remaining period of maternity benefit
leaving behind in either case the child, the employer shall be liable for the payment of
maternity benefit for the entire period of maternity benefit following the day of her
delivery but if the child also dies during the said period, then, for the days up to and
including the day of the death of the child.]
(2) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on production of a
certificate in Form 'B' stating that she is pregnant and is expected to be delivered of a
child within six weeks of the date of production of the certificate, and the amount due
for the subsequent period shall be paid by the employer to the woman within fortyeight hours of production of the certificate in form 'B' or Form 'D' stating that she has
been delivered of a child or production of a certified extract from a Birth Register
maintained under the provisions of any law for the time being in force.
4. (1) Any woman employed in an establishment and entitled to maternity benefit
under the provisions of this Act may give notice in writing in Form 'E' to her employer,
stating that her maternity benefit and any other amount to which she may be entitled
under this Act may be paid to her or to such person as she may nominate in the notice

and that she will not work in any establishment during the period for which she
receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from
which she will be absent from work, not being a date earlier than six weeks from the
date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such
notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself
from the establishment until the expiry 2[of the remaining period of maternity benefit]
after the day of her delivery.
Section 5:- Right to payment of Maternity Benefit
1. Every women shall be entitled to, and her employer shall be liable for the
payment of maternity benefit at the rate of the average daily wages for the
period of her actual absence that is to say the period immediately preceding the
day of her delivery, the actual day of her delivery and any period immediately
following that day.
2. No women shall be entitled to maternity benefit unless she has actually worked
in an establishment of the employer from whom she claims maternity benefit
for a period of not less than eighty days in the 12 months immediately
preceding the date of her expected delivery.
3. The minimum period for which any women shall be entitled to maternity benefit
shall be 12 weeks of which not more than 6 weeks shall preced the date of her
expected delivery.
(1) Every woman entitled to maternity benefit under the Act shall also be entitled to
Section 6:- Notice of claim for Maternity Benefit and payment thereof;
1. Any women employed in an establishment and entitled to maternity benefit
under the provisions of this Act may give notice in writing in such form as may
be prescribed, to her employer, stating that her maternity benefit and any other
amount to which she may be entitled under this Act may be paid to her or to
such person as she may nominate in the notice and that she will not work in any
establishment during the period for which she receives maternity benefit.
2. In the case of a women who is pregnant, such notice shall state the date from
which she will be absent from work, not being a date earlier than six weeks
from the date of her expected delivery.
3. Any women who has not given the notice when she was pregnant may give such
notice as soon as possible afte the delivery.
4. On receipt of the notice, the employer shall permit such women to absent
herself from the establishment during the period for which she receives the
maternity benefit.
5. The amount shall be given in advance by the employer on the production of
such proof as may be prescribed that the women is pregnant.
6. The failure to give notice shall not disentitle a women to maternity benefit.
Section 7:- payment of maternity benefit in case of death of a women.

The women entitled to maternity benefit dies before receiving maternity benefit or
amount shall be paid to her nominee.
Section 8:- the women is entitled to maternity benefit is also entitled to receive from
her employer a medical bonus of 250/Section 9:- in case of miscarriage or medical termination of pregnancy, a women shall
be entitled to leave with wages for a period of 2 weeks.
Section 10:- a women suffering from illness arising out of pregnancy, delivery,
premature birth of child, miscarriage, tubetomy is entitled for a leave for a period of
one month.
Section 11:- Nursing breaks:Every woman delivered of a child who returns to duty after such delivery shall, in
addition to the interval for rest allowed to her, be allowed in the course of her daily
work two breaks of 15 minutes' duration for nursing the child until the child attains the
age of fifteen months. An extra sufficient period, depending upon the distance to be
covered, shall be allowed for the purpose of the journey to and from the creche or the
place where the children are left by women while on duty, provided that such extra
period shall not be less than 5 minutes and more than 15 minutes' duration.
Section 12:- prohibition of dismissal during Absence or pregnancy.
(1) When a woman absents herself from work in accordance with the provisions of the
Act, it shall be unlawful for her employer to discharge or dismiss her during or on
account of such absence or to give notice of discharge or dismissal on such a day that
the notice will expire during such absence, or to vary to her disadvantage any of the
conditions of her service.
(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for which discharge or dismissal would have been entitled to maternity
benefit or medical bonus shall not have the effect of depriving her of the maternity
benefit or medical bonus:
PROVIDED that where the dismissal is for one or more of the following acts, the
employer may, by order in writing communicate to the woman, deprive her of the
maternity benefit or medical bonus or both(i) willful destruction of employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offence involving moral turpitude resulting in conviction in a court
of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or
property; and
(v) willful non-observance of safety measures or rules on the subject or willful
interference with safety devices or with fire-fighting equipment.
Section 21:- penalties and punishment to be imposed.

If any employer fails to pay any amount of maternity benefit to a women, he

shall be punishable with imprisonment which shall not be less than 3 months
but extend to one year and with fine which shall not be less than 2000/- but
which may extend to 5000/- rupeees.
11. (a)(1) The employer of 5[every mine or circus] in which women are employed shall
prepare and maintain a muster-roll in Form 'A' and shall enter therein particulars of all
women workers in 5[the mine or circus.]
(2) All entries in the muster-roll shall be made in ink and maintained up-to-date
and it shall always be available for inspection by the Inspector during working
hours.
(b) The employer of every mine or circus shall on or before the 21st day of January in
each year submit 4[***] 1[the competent authority] a return in each of the Form 'L', 'M',
'N' and 'O', giving information as to the particulars specified in respect of the
preceding year.
OR
Explain the provisions of National Commission for women
Introduction
The National commission for women was constituted under the Act on 31 st January,
1992 to exercise powers and perform functions assigned.
The objective of the Act was to constitute a National Commission for Women and to
provide for matters connected or incidental thereto.
Section 2(b) Composition :a. The commission consists of a Chairperson who is committed to cause of women
and is to be nominated by the central Government.
b. The commission shall consist of five membersOne member at least from amongst the SC and ST.
c. The commission shall also have a member-secretary to be nominated by the
Central Government who shall either be an expert in the field of management,
organizational structure or sociological movement or an officer who is a
member of a civil service of the union or of an all-India service or hold a civil
post under the Union Government with appropriate experience.
Section 10(1) (a) (n) states about functions of commission
The commission has been entrusted all such functions which would protect the
rights of women.

To investigate and examine all matters relating to the safeguards provided for
women under the constitution and other laws.
To present to the central government, annually and at such other times as the
commission may deem fit, reports upon the working of those safeguards.
To make in such reports recommendations for the effective implementation of
those safeguards for improving the conditions of women by the union or any
state.

To review, from time to time, the existing provisions of the constitution and
other laws affecting women and recommend amendments thereto so as the
suggest remedial legislative measures to meet any lacunae, inadequacies or
shortcomings in such legislations.
To take up the cases of violation of the provisions of the constitution and other
laws relating to women with appropriate authorities.
To look into complaints and take suo motu notice of matters relating to1. Deprivation of womens rights
2. Non-implementation of laws enacted to provide protection to women and
also to achieve the objective of equality and development.
3. Non-compliance of policy decisions, guidelines or instructions aimed at
mitigating hardships and ensuring welfare and providing relief to women and
take up the issues arising out of such matters with appropriate authorities.
To call for special studies or investigation into specific problems or situations
arising out of discrimination and atrocities against women and identify the
constraints so as to recommend strategies for their removal;
To undertake promotional and educational research so as to suggest ways of
ensuring due representation of women in all spheres and identify factors
responsible of impeding their advancement, such as lack of access of housing
and basic services, inadequate support services and technologies for reducing
drudgery and occupational health hazards and for increasing their productivity.
To participate and advise on the planning process of socio-economic
development of women.
To evaluate the progress of the development of women under the union and any
state.
To inspect or cause to be inspected a jail, remand home, womens institution or
other place of custody where women are kept as prisoners or otherwise, and
take up with the authorities concerned for remedial action if found necessary.
To fund litigation involving issues affecting a large body of women.
To make periodical reports to the government on any mattere pertainign to
women and in particular various difficulties under which women toil;
Any other matters which may be referred to it by the central government.

Section 10 :- Powers
The commission while investigating any matter has all the powers of a civil court
trying a suit and in particular in respect of the following matters;
1. Summoning and enforcing the attendance of any person from any part of India and
examining him on oath
2. Requiring the discovery and production of any document
3. Receiving evidence on affidavits
4. Requisitioning any public record or copy thereof from any court or office
5. Issuing commissions for the examination of witness and documents
6. Any other matter which may be prescribed.
(b) The law relating to sexual harassment at work place.
Marks: 5
The sexual harassment of women particularly the working women at work place
by their male counterparts is one of the evils of the modern society.
Case law

Vishaka v/s state of Rajasthan (1997) 6 SCC 24

The supreme court observed that in the absence of enacted law to provide for
the effective enforcement of the basic human right of gender equality and guarantee
against sexual harassment and abuse, more particularly against sexual harassment at
work places, the court lays down the guidelines and norms specified hereinafter.
1. Duty of the employer or other responsible person in work place and other
institutions
to prevent or deter the commission of acts of sexual
harassement and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
2. Sexual harassement includes such unwelcome sexually determined
behaviour as:
iii. Physical contact & advances
iv. A demand or request for sexual favours
v. Sexually coloured remarks.
3. All employers or person in charge of work place whether in public or private
sector should take appropriate steps to prevent sexual harassment. Without
prejudice to the generality of this obligation, they should take the following
steps.
4. Where such conduct amounts to a specific offence under IPC or under any
other law the employer shall initiate appropriate action in accordance with
law by making a complaint with the appropriate authority.
5. Where such conduct amounts to misconduct in employment appropriate
disciplinary action should be initiated.
6. Whether or not such conduct constitutes an offence under law or a breach of
the service rules, an appropriate complaint mechanism should be created in
the employers organization for redress of the complaint made by the victim.
7. The complaint mechanism referred to in above should be adequate to
provide where necessary a complaints committee, a special counselor of
other support service, including the maintenance of confidentiality.
8. Issues of sexual harassment at workers should be discussed in employeremployee meetings.
9. Awareness should be given to female employees in this regard.
10. The employer shall assist and take all steps if a third person gives
harassment.
11. The central and state government are requested to consider adopting
suitable measures in this regard.
12. These right shall not prejudice any rights under human rights.
OR
Equal work and equal pay.
Article 39 of Constitution envisages that the State shall direct its policy, among
other things, towards securing that there is equal pay for equal work for both men and
women. To give effect to this constitutional provision, the President promulgated on
the 26th September, 1975, the Equal Remuneration Ordinance, 1975 so that the
provisions of Article 39 of the Constitution may be implemented in the year which is
being celebrated as the International Womens Year
The Equal Remuneration Act 1976,

An act to provide for the payment of equal remuneration to men and women workers
and for the prevention of discrimination, on the ground of sex, against women in the
matter of employment and for matters connected therewith or incidental thereto,
CHAPTER I
2. Definitions. -(g) remuneration means the basic wage or salary, and any additional emoluments
whatsoever payable, either in cash or in kind, to a person employed in respect of
employment or work done in such employment, if the terms of the contract of
employment, express or implied, were fulfilled;
(h) same work or work of a similar nature means work in respect of which the skill,
effort and responsibility required are the same, when performed under similar working
conditions, by a man or a woman and the differences, if any, between the skill, effort
and responsibility required of a man and those required of a woman are not of
practical importance in relation to the terms and conditions of employment;
CHAPTER II
PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND
OTHER MATTERS.
Section 4. Duty of employer to pay equal remuneration to men and women workers
for same work or work of a similar nature. -(1) No employer shall pay to any worker, employed by him in an establishment or
employment, remuneration, whether payable in cash or in kind, at rates less favorable
than those at which remuneration is paid by him to the workers of the opposite sex in
such establishment or employment for performing the same work or work of a similar
nature.
(2) No employer shall, for the purpose of complying with the provisions of sub-section
(1), reduce the rate of remuneration of any worker.
(3) Where, in an establishment or employment, the rates of remuneration payable
before the commencement of this Act for men and women workers for the same work
or work of a similar nature are different only on the ground of sex, then the higher (in
cases where there are only two rates), or, as the case may be, the highest (in cases
where there are only two rates), of such rates shall be the rate at which remuneration
shall be payable, on and from such commencement, to such men and women
workers:
Section 5:- No discrimination to be made while recruiting men and women
workers. -1.No employer shall, while making recruitment for the same work or work of a
similar nature, [or in any condition of service subsequent to recruitment such as
promotions, training or transfer], make any discrimination against women except
where the employment of women in such work is prohibited or restricted by or under
any law for the time being in force:
Section 6. Advisory Committee. -(1) For the purpose of providing increasing employment opportunities for women, the
appropriate Government shall constitute one or more Advisory Committees to advise
it with regard to the extend to which women may be employed in such establishments
or employments as the Central Government may, by notification, specify in this
behalf.

(2) Every Advisory Committee shall consist of not less than ten persons, to be
nominated by the appropriate Government, of which one-half shall be women.
(3) In tendering its advice, the Advisory Committee shall have regard to the number of
women employed in the concerned establishment or employment, the nature of work,
hours of work, suitability of women for employment, as the case may be, the need for
providing increasing employment opportunities for women, including part-time
employment, and such other relevant factors as the Committee may think fit.
(4) The Advisory Committee shall regulate its own procedure.
(5) The appropriate Government may, after considering the advice tendered to it by
the
Advisory Committee and after giving to the persons concerned in the establishment or
employment an opportunity to make representations, issue such directions in respect
of
employment of women workers, as the appropriate Government may think fit.
Section 7. Power of appropriate Government to appoint authorities for
hearing and deciding claims and complaints. -(1) The appropriate Government may, by notification, appoint such officers, not below
the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of
hearing and deciding
(a) Complaints with regard to the contravention of any provision of this Act;
(b) Claims arising out of non-payment of wages at equal rates to men and women
workers for the same work or work of a similar nature, and may, by the same or
subsequent notification, define the local limits within which each, such authority shall
exercise its jurisdiction.
(2) Every complaint or claim referred to in sub-section (1) shall be made in such
manner
as may be prescribed.
(3) If any question arises as to whether two or more works are of the same nature or
of a
similar nature, it shall be decided by the authority appointed under sub-section (1).
(4) Where a complaint or claim is made to the authority appointed under sub-section
(1)
it may, after giving the applicant and the employer an opportunity of being heard, and
after such inquiry as it may consider necessary, direct,
(i) in the case of a claim arising out of a non-payment of wages at equal rates to men
and women workers for the same work or work of a similar nature, that payment be
made to the worker of the amount by which the wages payable to him exceed the
amount actually paid;
(ii) in the case of complaint, that adequate steps be taken by the employer so as to
ensure that there is no contravention of any provision of this Act.
(5) Every authority appointed under sub-section (1) shall have all the powers of a Civil
Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking
evidence and of enforcing the attendance of witnesses and compelling the production
of documents, and every such authority shall be deemed to be a Civil Court for all the
purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2
of 1974).
(6) Any employer or worker aggrieved by any order made by an authority appointed
under sub-section (1), on a complaint or claim may, within thirty days from the date of
the order, prefer an appeal to such authority as the appropriate Government may, by
notification, specify in this behalf, and that authority may, after hearing the appeal,
confirm, modify or reverse the order appealed against and no further appeal shall lie
against the order made by such authority.

(7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant
was
prevented by sufficient cause from preferring the appeal within the period specified in
sub-section (6), allow the appeal to be preferred within a further period of thirty days
but not thereafter.
(8) The provisions of sub-section (1) of Section 33-C of the Industrial Disputes Act,
1947
(14 of 1947), shall apply for the recovery of monies due from an employer arising out
of
decision of an authority appointed under this section.
Section 8. Duty of employers to maintain registers.
On and from the commencement of this Act, every employer shall maintain such
registers and other documents in relation to the workers employed by him as may be
prescribed.
Section 9: Inspectors.
(1) The appropriate Government may, by notification, appoint such persons as it think
fit to be Inspectors for the purpose of making an investigation as to whether the
provisions of this Act, or the rules made there under, are being complied with by
employers, and may define the local limits within which an Inspector may make such
investigation.
(2) Every Inspector shall be deemed to be a public servant within the meaning of
Section 21 of the Indian Penal Code (45 of 1860).
(3) An Inspector may, at any place within the local limits of his jurisdiction, -(a) Enter, at any reasonable time with such assistance as he thinks fit, any building,
factory, premises or vessel:
(b) Require any employer to produce any register, mister-roll or other documents
relating to the employment of workers, and examine such documents;
(c) Take on the spot or otherwise, the evidence of any person for the purpose of
ascertaining whether the provisions of this Act are being, or have been, complied with:
(d) Examine the employer, his agent or servant or any other person found in charge of
the establishment or any premises connected therewith or any person whom the
Inspector has reasonable cause to believe to be, or to have been a worker in the
establishment;
(e) Make copies, or take extracts from, any register or other document maintained in
relation to the establishment under this Act.
(4) Any person required by an Inspector to produce any register or other document or
to give any information shall comply with such requisition.
Section 10. Penalties.
Any employer, being required by or under this act, so to do
(a) omits or fails to maintain any register or other document in relation to workers
employed by him, or
(b) omits or fails to produce any register, muster-roll or other document relating to the
employment of workers, or
(c) omits or refuses to gives any evidence or prevents his agent, servant, or any other
person in charge of the establishment, or any worker, from giving evidence, or
(d) omits or refuses to give any information, he shall be punishable [with simple
imprisonment for a term which may extend to one month or with fine which may
extend to ten thousand rupees or with both].
(2) If any employer,
(a) makes any recruitment in contravention of the provisions of his Act, or

(b) makes any payment or remuneration at unequal rates to men and women worker,
for the same work or work of a similar nature, or
(c) makes any discrimination between men and women workers in contravention of
the provisions of this Act, or
(d) omits or fails to carry out any direction made by the appropriate Government
under sub-section (5) of Section 6.
He shall be punishable with fine which shall not be less than ten thousand rupees but
which may extend to twenty thousand rupees or with imprisonment for a term which
shall be not less than three months but which may extend to one year or with both for
the first offence, and with imprisonment which may extend to two years for the
second and subsequent offences.
(3) If any person being required so to do, omits or refuses to produce to an Inspector
any register or other document or to give any information, he shall be punishable with
fine, which may extend to five thousand rupees.
Section 11. Offences by companies.
(1) Where an offence under this Act has been committed by a company, every person
who, at the time the offence was committed, was in charge of, and was responsible to,
the company, for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly: Provided that nothing contained in this
sub-section shall render any such person liable to any punishment, if he proves that
the offence was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub- section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the
part of any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Section 12. Cognizance and trial of offences. -(1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except upon

(a) Its own knowledge or upon a complaint made by the appropriate Government or
an officer authorized by it in this behalf; or
(b) a complaint made by the person aggrieved by the offence or by any recognized
welfare institution or organization.
Section 13: Power to make rule.
(1) The Central Government may, by notification, make rules for carrying out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely
(a) the manner in which complaint or claim referred to in sub-section (1) of Section 7
shall be made;
(b) registers and other documents which an employer is required under Section 8 to
maintain in relation to the workers employed by him;
(c) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament while it is in session, for a
total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified from or be of no effect, as the
case may be; so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
Section 14. Power of Central Government to give directions. -The Central Government may give directions to a State Government as to the carrying
into Execution of this Act in the State.
The Factories Act, 1948- Women
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.
Provisions for Separate Latrines and Urinals
Provision for separate latrines and urinals for female workers exist under the
following:
Section 19 of the Factories Act, 1948.
Provisions for Separate Washing Facilities : Section 42 of the Factories Act
Provision for Crches
Provision for crches exists under the following:
Section 48 of the Factories Act, 1948.
SEC 66. Further restrictions on employment of women.
(1) The provisions of this Chapter shall, in their application to women in factories, be
supplemented by the following further restrictions, namely:
(a) no exemption from the provisions of section 54 may be granted in respect of any
woman;

(b) no woman shall be 1[required or allowed to work in any factory] except between
the hours of 6 A.M. and 7 P.M.: Provided that the State Government may, by
notification in the Official Gazette, in respect of 2[any factory or group or class or
description of factories,] vary the limits laid down in clause (b), but so that no such
variation shall authorize the employment of any woman between the hours of 10 P.M.
and 5 A.M.; 3[(c) there shall be no change of shifts except after a weekly holiday or
any other holiday.]
(2) The State Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such conditions as
it may prescribe, of women working in fish-curing or fish-canning factories, where the
employment of women beyond the hours specified in the said restrictions is necessary
to prevent damage to, or deterioration in, any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more than three
years at a time.
Maternity Benefits under The Maternity Benefits Act,1961
The Maternity Benefit Act, aims to regulate of employment of women employees in
certain establishments for certain periods before and after child birth and provides for
maternity and certain other benefits.
The Act extends to the whole of India and is applicable to:
1.

Every factory, mine or plantation (including those belonging to Government)

and

2.

An establishment engaged in the exhibition of equestrian, acrobatic and other

performances, irrespective of the number of employees, and

3.

To every shop or establishment wherein 10 or more persons are employed or

were employed on any day of the preceding 12 months.
The State Government may extend the Act to any other establishment or class or
establishments; industrial, commercial, agricultural or otherwise.
However, the Act does not apply to any such factory/other establishment to
which the provisions of the Employees State Insurance Act are applicable for
the time being.

But, where the factory/establishment is governed under the Employees State

Insurance Act, and the woman employee is not qualified to claim maternity benefit
under section 50 of that Act, because her wages exceed Rs. 3,000 p.m. (or the
amount so specified u/s 2(9) of the ESI Act), or for any other reason, then such woman
employee is entitled to claim maternity benefit under this Act till she becomes
qualified to claim maternity benefit under the E.S.I. Act.
WHAT IS MATERNITY BENEFIT?

Every woman shall be entitled to, and her employer shall be liable for, the payment
of maternity benefit, which is the amount payable to her at the rate of the average
daily wage for the period of her actual absence.
Period For Which Benefit Allowed
The maximum period for which any woman shall be entitled to maternity benefit shall
be 12 weeks in all whether taken before or after childbirth. However she cannot take
more than six weeks before her expected delivery.
Prior to the amendment of 1989, a woman employee could not avail of the six weeks
leave preceding the date of her delivery; she was entitled to only six weeks leave
following the day of her delivery. However, by the above amendment, the position has
changed. Now, in case a woman employee does not avail of six weeks leave
preceding the date of her delivery, she can avail of that leave following her delivery,
provided the total leave period, i.e. preceding and following the day of her delivery
does not exceed 12 weeks.
Who is Entitled to Maternity Benefit
1.

Every woman employee, whether employed directly or through a contractor,

who has actually worked in the establishment for a period of at least 80 days during
the 12 months immediately preceding the date of her expected delivery, is entitled to
receive maternity benefit.

2.

The qualifying period of 80 days shall not apply to a woman who has
immigrated into the State of Assam and was pregnant at the time of immigration.

3.

For calculating the number of days on which a woman has actually worked
during the preceding 12 months, the days on which she has been laid off or was on
holidays with wages shall also be counted.

4.

There is neither a wage ceiling for coverage under the Act nor there is any
restriction as regards the type of work a woman is engaged in.
Notice For Maternity Benefit
A woman employee entitled to maternity benefit may give a notice in writing (in the
prescribed form) to her employer, stating as follows:

1.

that her maternity benefit may be paid to her or to her nominee (to be specified
in the notice);

2.

that she will not work in any establishment during the period for which she
receives maternity benefit; and

3.

that she will be absent from work from such date (to be specified by her), which
shall not be earlier than 6 weeks before the date of her expected delivery.
The notice may be given during the pregnancy or as soon as possible, after the
delivery.

On receipt of the notice, the employer shall permit such woman to absent herself from
work after the day of her delivery. The failure to give notice, however, does not
disentitle the woman to the benefit of the Act.
Restriction on Employment of Pregnant Women
1.

No employer should knowingly employ a woman during the period of 6 weeks

immediately following the day of her delivery or miscarriage or medical termination of
pregnancy. Besides, no woman should work in any establishment during the said
period of 6 weeks.

2.

Further, the employer should not require a pregnant woman employee to do an

arduous work involving long hours of standing or any work which is likely to interfere
with her pregnancy or cause miscarriage or adversely affect her health, during the
period of 1 month preceding the period of 6 weeks before the date of her expected
delivery, and any period during the said period of 6 weeks for which she does not
avail of the leave.
Discharge or Dismissal to be Void
When a pregnant woman absents herself from work in accordance with the provisions
of this Act, it shall be unlawful for her employer to discharge or dismiss her during, or
on account of, such absence, or give notice of discharge or dismissal in such a day
that the notice will expire during such absence or to vary to her disadvantage any of
the conditions of her services.

Dismissal or discharge of a pregnant woman shall not disentitle her to the maternity
benefit or medical bonus allowable under the Act except if it was on some other
ground.
Other Benefits
LEAVE FOR MISCARRIAGE AND ILLNESS
In case of miscarriage or medical termination of pregnancy, a woman shall, on
production of the prescribed proof, be entitled to leave with wages at the rate of
maternity benefit, for a period of 6 weeks immediately following the day of her
miscarriage or medical termination of pregnancy.
LEAVE FOR TUBECTOMY OPERATION
In case of tubectomy operation, a woman shall, on production of prescribed proof, be
entitled to leave with wages at the rate of maternity benefit for a period of two weeks
immediately following the day of operation.
LEAVE FOR ILLNESS
Leave for a maximum period of one month with wages at the rate of maternity
benefit are allowable in case of illness arising out of pregnancy, delivery, premature
birth of child, miscarriage or medical termination of pregnancy or tubectomy
operation.
MEDICAL BONUS

Every woman entitled to maternity benefit shall also be allowed a medical bonus of
Rs. 250, if no pre-natal confinement and post-natal care is provided for by the
employer free of charge.
Duties of Employers
Important obligations of employers under the Act are:
1.

To pay maternity benefit and/or medical bonus and allow maternity leave and
nursing breaks to the woman employees, in accordance with the provisions of the Act.

2.

Not to engage pregnant women in contravention of section 4 and not to dismiss

or discharge a pregnant woman employee during the period of maternity leave.
Right of Employees
Important rights of an employee are:

1.

To make a complaint to the Inspector and claim the amount of maternity benefit
improperly with held by the employer.

2.

To appeal against an order of the employer depriving her of the maternity

benefit or medical bonus or dismissing or discharging her from service, to the
competent authority, within 60 days of the service of such order.
Penalties For Contravention of Act by Employer
For failure to pay maternity benefit as as provided for under the Act, the penalty is
imprisonment upto one year and fine upto Rs. 5000. The minimum being 3 months
and Rs. 2000 respectively.
For dismissal or discharge of a woman as provided for under the Act, the penalty is
imprisonment upto one year and fine upto Rs. 5000. The minimum being 3 months
and Rs.2000 respectively.
disentitle the woman to the benefit of the Act
Sexual Harassment:
In 1997, the Hon'ble Supreme Court of India, in Vishaka and Others Vs. State
of Rajasthan and Others1("Vishaka Judgment") acknowledged the gravity of sexual
harassment of the working women at the workplaces and laid down guidelines making
it mandatory for employers to prevent the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution of acts of
sexual harassment. The guidelines issued by the Hon'ble Supreme Court were treated
as law declared by the Hon'ble Supreme Court under Article 1412 of the Constitution of
India. It was held by the Hon'ble Supreme Court that the guidelines framed by the
Supreme Court would be strictly observed in all work places for the prevention and
enforcement of the right to gender equality of the working women.
It was observed by various Courts from time to time in the past that the guidelines
and norms framed by the Hon'ble Supreme Court in Vishaka Judgment have not been
followed in workplaces strictly.

The increasing work participation rate of women made it imperative for enacting a
comprehensive legislation focusing on prevention of sexual harassment as well as
providing a redressal mechanism.
Objectives of the Act
The Act is enacted by the Indian Parliament to provide protection against sexual
harassment of women at workplace and prevention and redressal of complaints of
sexual harassment and for matters connected therewith or incidental thereto. Sexual
harassment is termed as a violation of the fundamental rights of a woman to equality
under Articles 14 and 15 of the Constitution of India and right to life and to live with
dignity under Article 21 of the Constitution of India. Sexual harassment is also
considered a violation of a right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe environment free from
sexual harassment.
Definition
The Act has adopted the definition of 'sexual harassment' from Vishaka Judgment and
the term sexual harassment includes any unwelcome acts or behaviour (whether
directly or by implication) such as physical contact and advances, demand or request
for sexual favours, making sexually coloured remarks, showing pornography or any
other unwelcome physical, verbal or non-verbal conduct of sexual nature.
In, Apparel Export Promotion Council Vs. A.K. Chopra3, the Hon'ble Supreme
Court while deciding an issue whether the act of a superior officer (wherein such
superior officer tried to molest his junior woman employee) would amount to sexual
harassment, the Court relied on the definition of the term 'sexual harassment' laid
down by the Supreme Court in the Vishaka Judgment (which is similar to the definition
of the Sexual Harassment provided in the Act) held that "the act of the respondent
was unbecoming of good conduct and behavior expected from a superior officer and
undoubtedly amounted to sexual harassment...".
Section 3 of the Act provides that no woman shall be subjected to sexual harassment
at any workplace. This section further provides the circumstances which if present or
connected with any act or behaviour of sexual harassment may amount to sexual
harassment such as implied or expressed promise to preferential treatment or implied
or explicit threat of detrimental treatment in her employment, implied or explicit
threat about her present or future employment, interference with work or creating an
intimidating or offensive or hostile work environment, humiliating treatment likely to
affect health or safety of a woman
eradicate child labour essay ?
Child labour is a major problem in India. It is a great challenge that the country is
facing. The prevalence of it is evident by the child work participation rates which are
higher in India than in other developing countries. Estimates cite figures of child
labour between 60 and 115 million working children in India, the highest number in
the world (Human Rights Watch, 1996). It is basically rooted in poverty.
It is poverty that forces a child to earn money to support his family. Though it is
prevalent in the whole of the country, the problem is acute in socio- economically
weaker States like UP, Bihar, Orissa, Jharkhand, Chhattisgarh, Uttarakhand, Madhya

Pradesh and North-Eastern States. Besides poverty, lack of education, and accessible
sources of credit forces poor parents to engage their children as child labour. The big
challenge for India, as a developing country is to provide nutrition, education and
health care to these children.
There are more children under the age of fourteen in India than the entire population
of the United States. Over 85 per cent of this child labour is in the countrys rural
areas, working in agricultural activities, such as farming, livestock rearing, forestry
and fisheries. This labour is outside the formal sector, and also outside industry.
Moreover, nine out of ten children working children work within a family setting.
During the course of working in their family setting, children also develop skills in
certain traditional crafts. In this way they contribute in the capital formation of the
country.
The Government of India is keen to eradicate child labour. Indias unequivocal
commitment to the cause of children is well expressed in constitutional provisions,
legislations, policies and programmes. The Directive Principles of State Policy and the
fundamental rights find mention of their commitment of government. Besides, India is
also a party to the UN Declaration on the Rights of the Child, 1959. As a follow-up of
this commitment, India adopted the National Policy on Children in 1974. India has also
ratified on December 2, 1992, the Convention on the Rights of the Child which came
into force in 1990. This ratification implies that India will ensure wide awareness about
issues relating to children. India is also a signatory to the World Declaration on the
Survival, Protection and Development of Children.
Child labour is a great socio-economic problem. Child labour is, in fact, a source of
income for poor families. Children essentially work to maintain the economic level of
households, either in the form of work of wages, or help in household enterprises, or
in household chores. In all the activities the basic objective is to provide the family
financial support. In some cases, it has been found that a childs income accounted for
between 34 and 37 per cent of the total household income. A child labors income is
important to the livelihood of a poor family.
No doubt it is due to the economic condition of the family that the parents are
compelled to send their children to work because for most poor families in India,
alternative sources of income are close to non-existent. There are no social welfare
systems as those in the West, nor is there any easy access to credit facilities to the
poor families.

Poverty has an obvious close relation with child labour. The population of poor people
in India is very high. As per the latest report of the Planning Commission about 22 per
cent people live below poverty line. It is the child labour who supplies with money,
sometimes essential for the survival of the family. The combination of poverty and
lack of social security network form the basis of the even harsher type of child labourbonded child labour. It forms a vicious cycle which often results from the lack of
proper credit facilities.
It is this need which provides space to the local moneylender. The high interest rates
of moneylender trap the innocent child to work as bonded labour. For an average of
two thousand rupees, parents exchange their childs labour to local moneylender.
Since the earnings of bonded child labourers are less than the interests on the loans,
these bonded children are forced to work, while interests on their loans accumulate. A
bonded child can be released only when his parents pay lump sum payment, which is
extremely difficult for the poor. It is really an irony that even if bonded child labourers
are released, the same condition of poverty that caused the initial debt can cause
people to slip back into bondage.
Literacy is one of the major determinants of child labour. Indias state of education
lacks effectiveness in yielding basic literacy to the population. It has been observed
that overall condition of the education system can be powerful influence to check the
spread of child labour. Sri Lanka is a brilliant example of this where compulsory
education has worked to reduce child labour. The Sri Lankan Government enforced
compulsory education which resulted in rising school participation rates. Naturally, the
literacy rate also rises. The corresponding result was that the employment rate of
children in ten to fourteen year age group showed a substantial decline. In short, the
education policy immensely helped Sri Lanka to achieve high enrollment rate, high
retention rate and a corresponding decline in child labour.
The strong educational base of Kerala distinguishes it from other Indian States. The
Government of Kerala allocates more funds to education than any other State with a
per capita expenditure of 11.5 rupees compared to the Indian average of 7.8 rupees.
Moreover, Kerala spends more money on mass education than colleges and
universities. Kerala emphasizes on primary education which has led to a dropout ratio
of close to zero per cent. Here, child work participation rate is almost zero compared
to the Indian average of 7.1%. It is important to note that Kerala Government has
made no special effort to end child labour. It is the expansion of education that has
done the job.

To have an effective check on the spread of child labour, India needs to improve its
state of education. High illiteracy and dropout rates are reflective of the inadequacy of
the educational system. Poverty plays a crucial role in the ineffectiveness of the
educational system. Dropout rates are high because some parents feel that formal
education is not beneficial, and children learn from skills through labour at a young
age. Hence, they are forced to work to support their families. Accessibility to
education is another aspect of this problem. In some areas, education is not
affordable, or is found to be inadequate. With no other alternatives, children spend
their time in working.
The complex issue of child labour is a developmental issue. So it cannot be eliminated
by focusing on one determinant, for example, education, or forceful enforcement of
child labour laws. The Government of India must ensure that the needs of the poor are
fulfilled before attacking child labour. If poverty is addressed, the need for child labour
will automatically decline. No matter how hard India tries, child labour always will
exist until the need for it is removed. Child labour is, of course, a great hamper in the
development of India as a nation. Children are growing up illiterate because they have
been working when they need to attend school. Thus, a vicious cycle of poverty is
formed and the need for child labour is rend generation after generation. To break this
cycle, India need to strike at the root of problem-poverty, only then its fight against
child labour will be successful.
All the policies and programmes of government conform to its commitment which
focuses on eradication of child labour. The problem of child labour still remains despite
all the attempts of the government. Enforcement is the key aspect that is lacking in
the governments effort. No enforcement data for child labour laws are available.
However, this does not mean that enforcement is non-existent, or is ineffective. If
child labour is to be eradicated in India, the government and those responsible for the
enforcement need to do their jobs sincerely. Policies can and will be developed
concerning child labour, but without enforcement they are all useless. In brief, success
can be achieved only through social engineering on a major scale combined with
broad-based economic growth. Only then India, which is the largest example of a
nation plagued by the problem of child labour, can be free from it.