WOMEN AND LAW

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: SEVENTH Semester
Name of the Subject:
WOMEN AND LAW
UNIT - I
INTRODUCTION

Introduction
Status of Women in India
•The degree of freedom given to women to take part in public activities indicates the nature of
the status enjoyed by women during Vedic period. Women never observed “purdah”.
•They enjoyed freedom.
•They enjoyed freedom in selecting their male partner

Status of women in the Medieval India:
•The Medieval period (Period between 500 A. D to 1500 A.D) proved to be highly disappointing
for the Indian women, for their status further deteriorated during this period.
•Muslim invasion of India changed the direction of Indian history.
•The influx of foreign invaders and the Brahmanical iron laws were main causes for such
degradation

B). STATUS OF WOMEN- POSITION ABROAD
•United Kingdoms
While the Tudor era presents an abundance of material on the women of the nobility—especially
royal wives and queens—historians have recovered scant documentation about the average lives
of women. There has, however, been extensive statistical analysis of demographic and population
data which includes women, especially in their childbearing roles
about one-third of the workforce in 1969, women today make up almost half of all workers in the United
United States Of America
The role of women in the United States has changed dramatically over the past few decades. For
one, more and more women have taken on new responsibilities outside the home by joining the
paid workforce. While women made up only about one-third of the workforce in 1969, women
today make up almost half of all workers in the United States. Women are also stepping up to
lead the country; a record number of women ran for public office in 2012, and a record-high
percentage of women are serving in Congress.

2.Constitution of India
•Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

B) Equality 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.

WOMEN AND LAW
UNIT - II
PERSONAL LAWS AND WOMEN

Article 38: State to secure a social order for the promotion of the welfare of the
people
• Directive Principle Of State Policy.
Article39: Certain principles of policy to be followed by the
State
Article 39A: Equal justice and free legal aid
Article 42: Provision for just and humane conditions of work and
maternity relief
Article 44: Uniform civil code for the citizen
Article 45: Provision for free and compulsory education for
children
Article 46: Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections

• Equal shares to son and daughter from the property of the father, whether
self acquired or joint family property.
• There should be no discrimination based on sex in the matters of
inheritance.
• Provisions for inheritance of the property of mother, which she has self
acquired or acquired through her father or relatives.
• The provisions relating to will should be in consonance with the principles
of equity
Sex inequality in inheritance
Succession and inheritance

WOMEN AND LAW
UNIT-III
CRIMINAL LAWS AND WOMEN

Criminal Laws and Women
•Adultery
Under Section 497 of the Indian Penal Code, “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
V. Revathi v. Union of India

INDIAN PENAL CODE, 1860:
•Rape (section 375-377)
Essentials ingredients of section of 375:
•There must be sexual intercourse with a woman by a man;
•Such a sexual intercourse should be under any of the following circumstances:
•Against her will;
•Without her consent;
•With consent obtained under fear of death or hurt;
•With consent given under misconception of fact that the man is her husband;
•Consent given by reason of unsoundness of mind, intoxication or under influence of
any stupefying or unwholesome substance;
•With women under 16 years of age, with or without consent.

(C)outraging the modesty of women
Offences Outraging the Modesty of a Woman
“Modesty is not only an ornament, but also a guard to virtue…”
•The offence of outraging the modesty of a woman has been dealt with in the Indian
Penal Code under Section 509 and Section 354, which is an aggravated form of the
offence mentioned under Section 509.
Section 509
•Whoever, intending to insult the modesty of any woman, utters any word, makes any
sound or gesture, or exhibits any object, intending that such word or sound shall be heard,
or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy
of such woman, shall be punished with simple imprisonment for a term which may
extend to one year, or with fine, or with both.

Section 354
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing
it to be likely that he will there by outrage her modesty, shall be punished with
imprisonment of either description for a term which may extend to two years, or with
fine, or with both.
(D) Domestic Violence
There are several domestic violence laws in India. The earliest law was the Dowry
Prohibition Act 1961 which made the act of giving and receiving dowry a crime. In an
effort to bolster the 1961 law, two new sections, Section 498A and Section 304B were
introduced into the Indian Penal Code in 1983 and 1986. The most recent legislation is
the Protection of Women from Domestic Violence Act (PWDVA) 2005. The PWDVA,
a civil law, includes physical, emotional, sexual, verbal, and economic abuse as
domestic violence.

WOMEN AND LAW
UNIT - IV
WOMEN WELFARE LAWS

•Pre-Conception And Pre-Natal Diagnostic Techniques (Prohibition Of Sex
Selection) Act, 1994
•The Act provides for the prohibition of sex selection, before or after conception.
•It regulates the use of pre-natal diagnostic techniques, like ultrasoundIt regulates the
use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing
them their use only to detect
•No laboratory or centre or clinic will conduct any test including ultrasonography for
the purpose of determining the sex of the foetus.
•No person, including the one who is conducting the procedure as per the law, will
communicate the sex of the foetus to the pregnant woman or her relatives by words,
signs or any other method.

(B) Indecent Representation of Women (Prohibition) Act, 1986
•This Act was enacted to prohibit any representation of women indecently via
advertisements or writings, paintings, figures or publications or in any other manner and
for such related matters. Except State of Jammu and Kashmir it extends to whole of
India.
•Section 2 of the Act for words like Advertisement, Distribution, Label, Indecent
Representation of Women, Package, and Prescribed.
•Under Section 3 of the Act any advertisement wherein any indecent representation of
women in any form by any person who publish or arrange or take part in publication or
exhibition is punishable.
.

(C) Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redresal Act, 2013.
SALIENT FEATURES OF THE ACT
•The Act defines sexual harassment at the work place and creates a mechanism for
redressal of complaints. It also provides safeguards against false or malicious charges.
•The Act also covers concepts of 'quid pro quo harassment' and 'hostile work
environment' as forms of sexual harassment if it occurs in connection with an act or
behaviour of sexual harassment.
•The definition of "aggrieved woman", who will get protection under the Act is
extremely wide to cover all women, irrespective of her age or employment status,
whether in the organised or unorganised sectors, public or private and covers clients,
customers and domestic workers as well.

•The Committee is required to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will be sent to the employer or the District Officer,
as the case may be, they are mandated to take action on the report within 60 days.
•While the "workplace" in the Vishaka Guidelines is confined to the traditional office
set-up where there is a clear employer-employee relationship, the Act goes much
further to include organisations, department, office, branch unit etc. in the public and
private sector, organized and unorganized, hospitals, nursing homes, educational
institutions, sports institutes, stadiums, sports complex and any place visited by the
employee during the course of employment including the transportation. Even non-
traditional workplaces which involve tele-commuting will get covered under this law.

•Section 5 of the Act explains about the Gazetted Officer appointed by State
government who can make rules with regard to entry and search any place at any time
where he/she believes an offence has been committed. Seizing of any book, paper,
slide, film, writing, painting, that contravenes the provisions of said Act. He can
examine any record, document and seize it if he believes it can be used as evidence
against the commission of offence under this Act. But entry into a private house
should be done with warrant. Seizing of any article that cannot be separated by reason
of it being embossed can also be done under the Act and CRPC 1973 provisions will
apply with regard to search and seizure and such seized items should be given to
nearest Magistrate for custody

Every employer is required to constitute an Internal Complaints Committee at each
office or branch with 10 or more employees. The District Officer is required to
constitute a Local Complaints Committee at each district, and if required at the block
level.
•The Complaints Committees have the powers of civil courts for gathering evidence.
•The Complaints Committees are required to provide for conciliation before initiating
an inquiry, if requested by the complainant.
•The inquiry process under the Act should be confidential and the Act lays down a
penalty of Rs 5000 on the person who has breached confidentiality.

(D) . Domestic Workers Welfare And Social Security Act,
2010
•This Act is for the protection of Domestic Workers and provision of welfare scheme to
these Workers. However, for the domestic workers to be able to reap from the same
they need to be registered with the concerned board. Like in Pune they need to register
with the Maharashtra Domestic Workers Welfare Board formed under the Maharashtra
Domestic Workers Welfare Act, 2008. There is a registration fee that is made payable
by the full time employer of the domestic worker or the agency/service provider.
•Benefits under this Act include: fixation of minimum wage, working hours, weekly
holidays, interval for rest, and wages for overtime.
If the full time employer or agency contravenes with the provisions of this act it could
result in punishment through fine and imprisonment.

(E) Immoral Traffic (Prevention) Act, 1987
•The Immoral Traffic Prevention Act, 1986 has amended The Immoral Traffic
(Suppression) Act, 1956.
•The 1986 Act was passed by the Parliament to comply with the United
Nations Declaration on the Suppression of Trafficking in 1950 for the purpose of
preventing and ultimately prohibiting prostitution to criminalize sex work.
•The Act repealed all the State legislations relating to suppression of immoral traffic in
persons or prevention of prostitution.
•The Parliament has initiated The Immoral Traffic (Prevention) Amendment Bill, 2006
which is still under discussion before the two Houses.

•The Court established to conclude upon matters relating to family law like
matrimonial reliefs, custody of children, maintenance for wife and children etc is
termed as Family Court.
•The Central Government enacted the Family Courts Act in India in 1984 with
an intention to encourage and protect prompt settlement of disputes dealing with
family affairs and matrimonial issues.
•The Act under Section 3 provides for the establishment of Family Courts in
areas where the total population goes beyond one million and in the areas where
the State deems necessary to establish such a Court.
(F) Family Courts Act, 1984

•The Family Court shall have the same status as that of a District Court and shall
exercise the jurisdiction accordingly and also empowered to initiate suits and
proceedings in par with the conditions stipulated by the Act.
•Where there is any chance for settlement of the dispute between the parties, the Family
Court shall postpone the proceedings and take steps for settlement at the earliest.

THANK YOU

WOMEN AND LAW

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