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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

WOMEN AND LAW

SUBJECT

SOCIOLOGY

NAME OF THE FACULTY

MR. LAKSHMIPATHI RAJU

NAME OF THE CANDIDATE

N.S.RUPESH

2017057

SEMESTER 1
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TABLE OF CONTENTS

1) Acknowledgement
2) Abstract
3) Chapter – 1 Women Rights
4) Chapter – 2 Violations of Women Rights
5) Chapter – 3 Policies for rural Women Empowerment
6) Chapter – 4 Legal measures to Combat Sexual Assault
7) Chapter – 5 Acts enacted for discrimination against women
8) Conclusion
9) Bibliography
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ACKNOWLEDGEMENT :

I am highly indebted to my Hon’ble Sociology Professor, Prof. M.

LakshmipathiRajuGaru, for giving me a wonderful opportunity to work on the topic:
“Women and Law”, and it is because of his excellent knowledge, experience and
guidance, this project is made with great interest and effort . I would also like to thank my
seniors who have guided my novice knowledge of doing research on such significant
topic. I would also take this as an opportunity to thank my parents for their support at all
times. I have no words to express my gratitude to each and every person who have
guided and suggested me while conducting my research work.

N.S.Rupesh.
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ABSTRACT

TITLE OF THE PROJECT :

Women and Law.

SELECTION OF TOPIC :
This topic was selected by researcher because today, women are immorally
trafficked, female infanticide, illiteracy among girls, violence against women are being
done.

RESEARCH PROBLEM :
Aim of the topic is that are laws related women in India sufficient to eradicate
women related issues ?

REVIEW OF LITERATURE :
In this research, researcher will refer the books, journals, articles, research studies.

RESEARCH DESIGN :
Doctrinal research design.

IDENTIFICATION OF VARIABLE :

 Dependent variable :
1)The efficacy of law related to women in India

Example :- Sati abolition act, widow remarriage act, child marriage prevention act,
dowry prohibition act, prevention of sexual offense at work place.

2) Laws that require at over all.

 Independent variable :
Women and Law.

Example :- Maternity benefit act, betibachobetipadhao, the equal remuneration act.

HYPOTHESIS :
Women and Law.

This topic was selected by researcher because today, women are immorally
trafficked, female infanticide, illiteracy among girls, violence against women are being
done.
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Aim of the topic is that are laws related women in India sufficient to eradicate
women related issues ?

In this research, researcher will refer the books, journals, articles, research studies.

Doctrinal research design.

 Dependent variable :
1)The efficacy of law related to women in India

Example :- Sati abolition act, widow remarriage act, child marriage prevention act,
dowry prohibition act, prevention of sexual offense at work place.

2) Laws that require at over all.

 Independent variable :
Women and Law.

Example :- Maternity benefit act, beti bacho beti padhao, the equal remuneration act.

Laws related to women in India are not sufficient to eradicate the problems and the
inequalities related to women.

TESTING OF THE HYPOTHESIS :

The relation between dependent and independent variable is tested here.

COLLECTION OF DATA :
The researcher will collect the data from books, journals, and from the
authenticsources of government organization.

CLASSIFICATION OF DATA :
The data will be classified in various heads.

INTERPRETATION OF DATA :
The researcher will interpret the data in sociological terms.

CONCLUSIONS, SUGGESTIONS AND PREPARATION OFRESEARCH

PROJECT :
All these will be drawn for the analysis. Finally research will be prepared.
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Chapter – 1

Women Rights

Women rights are the rights and entitlements claimed for women and girls
worldwide, and formed the basis for women’s rights movement in the nineteenth century.
These rights are made institutionalizedor supported by law, local custom and behaviour,
in some countries, but whereas they are ignored and suppressed in other countries.They
differ from broader notions of human rights through claims of an inherent historical and
traditional bias against the exercise of rights by women and girls, in favour of men and
boys.

Issues commonly associated with notions of women's rights include, though are
not limited to, the right: to bodily integrity and autonomy; to be free from sexual
violence; to vote; to hold public office; to enter into legal contracts; to have equal rights
in family law; to work; to fair wages or equal pay; to have reproductive rights; to own
property; to education.1

1
https://en.wikipedia.org/wiki/Women%27s_rights#cite_note-Hosken-1 Last visited 16-10-17.
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CHAPTER – 2

VIOLATIONAL OF WOMEN RIGHTS

Throughout the world, there are practices in the family that are violent towards worn and
harmful to their health. Young girls are circumcised, live under severe dress codes, given
in prostitution, denied property rights and killed for the sake of honour in the family.
These practices and many others constitute a form of domestic violence but have avoided
national and international scrutiny because they are seen as cultural practices that deserve
tolerance and respect. The universal standards of human rights are often denied full
operation when it comes to the rights of women. Cultural relativism is therefore often an
excuse to allow for inhuman and discrimination practices against problems posed by
cultural relativism, and the implications for women’s rights, will be one of the most
important issues in the field of international human rights.2

The convention on elimination of discriminations against women is extremely clear.

Article 5 states, ‘State Parties shall take all appropriate measures to modify the social and
cultural patterns of conduct of men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which are based on the idea of the
inferiority or the superiority of the either of sexes or on stereotyped roles for men and
women’.

Article 2 of the convention states, ‘state parties condemn discrimination against women in
all its forms agree to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women3.’

Article 4 states, ‘ States should condemn violence against women and should not invoke
any custom, tradition or religious consideration to avoid obligations with respect to its
elimination.’

Article 16 of the convention on the elimination of the discrimination against women

clearly sets out the framework for marriage and family relations, based on the twin
principles of freedom of choice and equality within the marriage. However, these

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principles are often in conflict with many religions and customary laws that regulate
marriage and family life throughout the world. Many of these laws and practises go
against cherished international principles.

CULTURAL PRACTICES DISTRUBING WOMEN RIGHTS :

There are many cultural practices throughout the world that are violent towards women.
In the section some of more disturbing violating are described, in order to highlight the
nature of the problems.

Female Genital Mutilation :

Female genital mutilation, is a deeply rooted traditional practice, is believed to have

started in Egypt some 2000 years ago. It is estimated that more than 135 million girls and
women in the world were undergoing FGM and two million girls a year are in risk of
mutilation. The methods and types of mutilation differ according to each country and
ethnic group. But , FGM may be broadly classified into divided into four groups :

1. Circumcision, or Cutting of the prepuce or hood of clitoris, known in Muslim

countries as sunna(tradition ). The mildest form, of FGM and affects only a small
portion of women. It is the only form of mutilation to be correctly termed
circumstances, but there has been a tendency to group all kinds of mutilations
under the misleading term “female circumcision”.
2. Excision, meaning the cutting of the clitoris and all or part of the Labia minora.
3. Infibulation, the cutting of the clitoris, labia minora and at least the anterior two
thirds and often the whole of the labia majora. The two sides of the vulva are then
pinned together by silk or catgut sutures, or with thorns, leaving a small opening
for the passage of urine or menstrual blood. These “operations" are done with
special knives, razor blades, scissors or pieces of glass and stone. The girl’s legs
are then bound together from hip to ankle and she is kept immobile for up to 40
days to permit the formation of scar tissue.
4. Intermediate, meaning the removal of the clitoris and some or all of the labia
minora. Sometimes slices of labia majora are removed. The practice varies
according to the demands of the girl’s relatives.
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The main reasons given for the continuation of this practice are custom and tradition.

The main reasons given for the continuation of practice are custom and tradition. In
societies where FGM is practised, a girl is not considered an adult or a complete woman
until she goes through the “operation”. Some societies believe that all persons are
hermaphroditic and the removal of the clitoris makes the female a “pure woman”. It is
said also to test a woman’s ability to bear pain and defines her future roles in life and
marriage while preparing her for the pain of childbirth. FGM is also a result of the -
*patriarchal power structures which legitimise the need to control women’s lives. It arises
from the stereotypical perception of women as the principal guardians of sexual morality,
but with uncontrolled sexual urges.

FGM reduces a woman’s desire for sex, reduces the chances of sex outside marriage and
thus promotes virginity. It is also deemed necessary by society to enhance her husband’s
sexual' pleasure. A husband may reject a woman who has not gone through the
”operation”. Health reasons are also put forward as justifications for FGM. Unmutilated
women are considered unclean. It is believed that FGM enhances fertility. It is considered
that the clitoris is poisonous and that it could prick the man or kill a baby at childbirth. In
some FGM-practising societies, there is a belief that the clitoris could grow and become
like a man’s penis. Even though FGM pre-dates Islam, religious reasons are given for the
continuation of FGM in some societies4.

HONOUR KILLING :

Honour killing of women have recently received international attention. Honour

killing are reported from Pakistan, Turkey, Jordan, Syria, Egypt, Lebanon, Iran, Yemen,
Morocco and other Mediterranean and Gulf countries. It also takes place in countries such
as Germany, France and the United Kingdom within the migrant communities. Honour
killings are carried out by husbands, fathers, brothers or uncles, sometimes on behalf of
tribal councils. The killing is mainly carried out by under-aged males of the family to
reduce the punishment. They are then treated as heroes. The action is further endorsed by
their fellow inmates in prison, if they are sent there, who wash these young boys’ feet and
tell them that they are now ”complete” men. The act is regarded as a rite of passage into

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manhood. Ironically, it is not unheard of for female relatives to either carry out the
murder or be accomplice to it. As honour killings often remain a private family affair,
there are no official statistics on practice or frequency and the real number of such
killings is vastly greater than those reported. The Washington Post Foreign Service
reports that 278 murders were reported in Punjab in 1999, The Special Task Force for
Sindh of the Human Rights Commission of Pakistan received reports of 196 cases of
honour killings in 1998 and more than 300 in 1999. Every year more than 1,000 women
are killed in the name of honour in Pakistan alone. During the summer of 1997, Khaled
Al-Qudra, then Attorney-General in the Palestinian. National Authority stated that he
suspected that 70 per cent of all murders in Gaza and the West Bank were honour
killings. They are usually attributed to natural causes. In Lebanon, 36 honour crimes were
reported between 1996 and 1998, in Jordan 20 honour killings in 1998 and in Egypt 52
similar crimes in 1997. In Iraq more than 4000 women have been killed since 1991. The
same report stated that between 1996 and 1998 in Bangladesh, about 200 women were
attacked with acid by husbands or close relatives, but the number of deaths is unknown.
In the West there are honour killings among immigrant communities5.

WITCH HUNTING :

Another cultural practice that is found mainly in Asian and African communities is
witch hunting or witch burning. This practice is common in societies where there is a
belief in superstition and the evil spirit. Sixteenth and seventeenth century England
abounded with witches. Epileptic fits, illness and death were thought to be connected with
witchcraft. Women branded as “witches" were tortured to confess. They were beaten and
put on the racks and even burnt alive. The practice was brutal and directed against
women.
The South African regions of Northern Transvaal and especially Venda report incidents
of witch burning even today. The women branded as Witches are stoned or beaten to
death before being burnt. There is a belief that the body of the “witch” along with her
magic paraphernalia must be completely destroyed to get rid of the effect of the ”witch”.
While both men and women are accused of being witches, statistics show that women are
twice as more likely to be so accused. Although the Witchcraft Suppression Act helps

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people who are accused of being witches, many people who take violent action against
”witches” are not prosecuted under the Act6.

BEAUTY :

In many societies, the desire for beauty has often affected women in diverse ways. In the
western world in the twenty first century the beauty myth than a thin female physique is
only accepted shape is imposed on women by the media via magazines, advertising and
television. This message is sent to young impressionable girls who strive to attain this
perfect image without realising that this image is often unrealistic. Advertisements
continue to portray women in their traditional roles or as bodies to sell a product. This
culture of impractical ideals result in many practices that cause a great deal of abuse to
the female bodies. Cosmetic surgery of every part of the female body has led to many
health problems and complications for many women. In addition, eating disorder due to
unhealthy food habits has also raised a great deal of concern in the western world. Girls
and women are disproportionately affected by eating disorders and cultural demands for
thinness in the western world. It is established that only 5 to 10 per cent of people with
eating disorder are male.

INCENT :

In many parts of the world, incest is culturally tolerated. Many countries do not list
incest crime in their panel code. The form incest takes varies from forced mastrubasion,
to sexualised beating, touching of genitals, fellatio, cunnilingus and rape. Fathers,
brothers, stepfathers, uncles, cousins, and even grandfathers mostly engage in these
practices. Women commit incest more rarely, but the number may be larger than realised.
There are cases of parents and guardians inviting neighbours to commit incest or
instances where the guardian knows of these crimes but turns a blind eye.

Incest is practised by certain cults, like the Hindu Sakti sect in India, in the belief
that it is a higher grade of sexual intercourse and an advanced step towards religion. In an
endogamous Indian group called Baiga, incestuous marriage ispractised. The victims are

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mainly females. Many of the survivors of incestuous practices suffer from varies
psychological and physical disorders. One of the main problems is the enormous
emotional difficulty in reporting these crimes, especially in the face of disbelief and lack
of punishment for the perpetrator7.

VIOLATION OF REPRODUCTIVE RIGHT :

In the past, the protection of women’s reproductive rights has not been a high
priority among national or international bodies. Historically, the main duty of women was
to bear men’s children, preferably sons. The health issues connected with this process
went unnoticed. The consequences of early, frequent and excessive childbearing were
explained by fate, destiny and divine will rather than as the results of oppressive cultural
and social practices and governmental neglect of reproductive health services. There are
various cultural practices unique to different parts if the world which are harmful for
women and their reproductive rights is violence against women. Lack of control over
their sexual and reproductive health care result in the violation of women’s human rights.
A women’s ability to bear children is linked to the continuity of families, clans and social
groups. This has been the object of regulation by families, religious institutions and
governmental authorities. The ability to bear children may be advantageous because it
gives a women emotional satisfaction, but it can also be an oppression, a barrier or even
an obstacle. Therefore, her control over her fertility is critical. In some societies women
have virtually no say in the matter of postponing childbearing or having a child
immediately after marriage. There is a great deal of pressure to produce a child within a
reasonable time, but to become pregnant too soon is also scorned by the elders. While
women are used as child producers, their reproductive cycle is not given much attention.

In many countries there are no trained birth attendants. The traditional birth attendants are
untrained and the base their practices on various cultural beliefs, like evil spirits and
supernatural powers. Various practices during child delivery cause harm to the mothers.
Pressing the abdomen to force the baby out, pulling the baby out by force, giving a very
hot bath to the delivering mother or even inserting certain herbs into the women’s vagina

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to accelerate the birth and isolating mothers who have just given birth are some of these
practices. In the Southern Highland province of Papua New Guinea, women are expected
to give birth unattended. It is believed that a women’s blood is a source of contamination,
leading to illness and death8.

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CHAPTER – 3

POLICIES FOR RURAL WOMEN EMPLOYMENT

Rural women have a unique ability to reduce poverty and malnutrition in the
developing world. But gender inequality is undermining their potential to become agents
of change. The fight against rural poverty depends on increased efforts to redress gender
imbalances and empower rural women. Around the world, women are more vulnerable to
chronic poverty than men. Because of cultural norms, lack of control over resources,
“genderneutral" international trade policies, and many other factors, women worldwide
struggle with life's basic needs -particularly how to feed their families and themselves.

Even seemingly gender-neutral metrics can disempower women. Poverty is often

measured according to household income or meals eaten per day by the family unit. The
situation of each member of the household may be quite different -fathers and sons may
be eating well, while mothers and daughters go hungry. UNICEF research has showed
that gender 18 a primary root cause of hunger Studies show, for example, that the
subjugation of women in South Asia is the only reason that child malnutrition9.

INDIA’S POLICY FOR EMPOWERING RURAL WOMEN :

The principle of gender equality is enshrined in the Indian constitution in its

preamble, fundamental rights, fundamental duties, and directive principles. The
constitution not only grants equality to women, but also empowers the State to adopt
measures of positive discrimination in favour of women.

Within the framework of a democratic polity, our laws, development policies, Plans and
programmes have aimed at women’s advancement in different spheres. From the Fifth
Five Year Plan (1974-78) onwards has been a marked shift in the approach to women’s
issues from welfare to development. In recent years, the empowerment of women has
been recognized as the central issue in determining the status of women. The National
Commission for Women was set up by an Act of Parliament in 1990 to safeguard the
rights and legal entitlements of women. The 73rd and 74th Amendments (1993) to the
Constitution of India have provided for reservation of seats in the local bodies of

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Panchayats and Municipalities for women, laying a strong foundation for their
participation in decision making at the local levels. 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 199310.

POLICY PRESCRIPTION :

Judicial Legal Systems :

Legal-Judicial system will be made more responsive and gender sensitive to

women’s needs, especially in cases of domestic violence and personal assault. New laws
will be enacted and existing laws reviewed to ensure that justice is quick and the
punishment meted out to the culprits is commensurate with severity of the offence. At the
initiative of and with the full participation of all stakeholders including community and
religious leaders, the policy would aim to encourage chances in personal laws such as
those related to marriage, divorce, maintenance and guardianship so as to eliminate
discrimination against women.

The evolution of property rights in a patriarchal system has contributed to the

subordinate status of women. The policy would aim to encourage changes in laws relting
to ownership of property and inheritance by evolving consensus in order to make them
gender just.

ECONOMIC EMPOWERMENT OF WOMEN

Poverty Eradication :

Since women comprise the majority of the population below the poverty line and
are very often in situations of extreme poverty, given the harsh realities of intra-
household and social discrimination, macro-economic policies and poverty eradication
programmes will specifically address the needs and problems of such women. There will
be improved implementation of programmes which are already women and convergence
of services, by offering them a range of economic and social options, along with
necessary support measures to enhance their capabilities.

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Micro Credit :

In order to enhance women’s access to credit for consumption and production, the
establishment of new, and strengthening of existing micro-credit mechanisms and micro-
finance institution will be undertaken so that the outreach of credit is enhanced. Other
supportive measures would be taken to ensure adequate flow of credit through extant
financial institutions and banks, so that all women below poverty line have easy access to
credit.

Women and Economy :

Women’s perspectives will be included in designing and implementing macro-

economic and social policies by institutionalizing their participation in such processes.
Their contribution to socio-economic development as producers and workers will be
recognized in the formal and informal sectors and appropriate policies relating to
employment and to her working conditions will be drawn up. Such measures could
include :

 Reinterpretation and redefined of conventional concepts of work whenever

necessary. Eg – in the Census records, to reflect women’s contribution as
producers and workers.
 Preparation of satellite and national accounts.
 Development of appropriate methodologies.

Globalization :

Globalization has presented new challenges for the realization of the goal of
women’s equality, the gender impact of which has not been systematically evaluated
fully. However, from the micro-level studies that were commissioned by the department
of women and child development, it is evident that there is need for reframing policies for
access to employment and quality of employment. Benefits of the growing global
economy have been unevenly distributed leading to wider economy have been unevenly
distributed leading to wider economic disparities, the feminization of poverty, increased
gender inequity through often deteriorating working conditions and unsafe working
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environment especially in the informal economy and rural areas. Strategies will be
designed to enhance the capacity of women and empower them to meet the negative
social and economic impacts, which may flow from the globalization process.

Women and Agriculture :

In view of the critical role of women in agriculture and allied sectors, as

producers, concentrated efforts will be made to ensure that benefits of training, extension
and various programmes will reach them in proportion to their numbers. The programmes
for training women in soil conservation, social forestry, dairy development and other
occupied allies to agriculture like horticulture, livestock including small anima
husbandry, poultry, fisheries etc., will be expanded to benefit women in the agricultural
sector.11

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CHAPTER – 4

LEGAL MEASURE TO COMBAT SEXUAL ASSAULTS

For most of the women, the community provides the contours for the enjoyment of
social space. It determines the nature of their social interactions and the type of values
that will condition their lives. Community is a social space outside the family but not
fully under the control of the state. It is the site for flourishing private organizations and
intermediary associations which have an impact on the lives of women as part of their
daily interactions. From neighbourhood association, to private corporations, religious
grouping, trade unions and professional associations, the community provides the basis
for what is now called civil society. Though ephemeral in concept, the community is also
the site of a women’s social identity whether that identity is defined in secular, ethenic or
religious terms.

In many instances, women and girl children are subjected to violence by their
community because of their sexuality and sexual behaviour. A key component of
community identity, and therefore the demarcation of community boundaries, is the
preservations of communal honour. Such honour is frequently perceived, by both
community and non-community members, as residing in the sexual behaviour of the
women of the community. Communities, therefore, “police” the behaviour of their female
members. A women who is perceived to be acting in a manner deemed to be sexually
inappropriate by communal standards is liable to be punished. Such punishments range
from eviction from the community to corporal punishment, such as flogging and stoning,
and death. In many cases, the restrictions on women’s sexuality, as defined by the
community, are sanctioned by the state through the promulgation of laws and policies
reflecting the communal values.

Inmostcommunities,theoptionavailabletowomenforsexualactivityisconfinedtomarri
age withamanfromthesamecommunity.Womenwhochooseoptionswhicharedisapprovedof
bythecommunity,whethertohaveasexualrelationshipwithamaninanon-marital
relationship,tohaveSucharelationshipoutsideofethnic,religiousorclasscommunities,orto
liveouttheirsexualityinwaysotherthanheterosexuality,areoftensubjectedtoviolenceand
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degradingtreatment.Single,widowedordivorcedwomenlivingaloneareoftentargetedby
violenceandrapeinthecommunity.Women,”unprotected”byamarriageunionwithaman,
arevulnerablemembersofthecommunity,oftenmarginalisedincommunitysocialpractices
andthevictimsofsocialostracismandabuse.

SEXUAL VIOLENCE AGAINST WOMEN

As a manifestation of violence against women, rape and sexual violence, including sexual
harassment, are universal, cutting across State borders and cultures, used in all countries
and in all cultures as weapons of degradation and terror against women. All forms of
sexualviolence against women serve as methods of subjugating women by controlling
their sexuality through violence, fear and intimidation.12
Rape
Rape is an intrusion into the most private and intimate parts of a woman's body, as well as
an assault on the core of herself. It is the destructive combination of power, anger and sex
which fuels sexual violence againstwomen. Many victim-survivors of rape report
experiencing feelings of annihilation as a consequence of be in raped, arising from the
very nature of rape a direct attack on the self. One study of convicted, in carcerated
rapists found that rape was used” most of ten as a mechanism of revenge or punishment
and the perpetrators expressed satisfaction and heightened levels of self-esteem directly
resulting from therape.'
Like survivors of traumaticevents such as war and torture, rape victims often suffer a
form of post-traumatic stress disorder termed Rape Trauma Syndrome, which is generally
induced in individuals who are subjected to extreme threats, terrorand helplessness. The
sufferer of Rape Trauma Syndrome continuously relivesher rape through a series of flash
backs, dreams and body memories.
Rape and sexual violence, including sexual harassment, occur at different levels of
society and in distinct settings. Although all forms are connected as manifestations of
sexual violence. Against women, they are distinct in that particularized strategies are
necessary in order to provide appropriateremedies.

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The Indian Forum against the Oppression of Women has Enumerated in distinct forms of
rape:

(1) Communal rape

(2) Gang rape
(3) Political rape
(4) Rape of minors
(5) Marital rape
(6) Army rape and or police rape (in situations of war or peace-keeping")
(7) Institutional rape (in hospitals, remand homes and prisms)
(8) Rape in economically dependent circumstances and
(9) Rape within political organizations.
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CHAPTER – 5
ACTS ENACTED FOR DISCRIMINATION AGAINST WOMEN
The Prohibition of Child Marriage Act, 2006

According to the International Research Centre for Women, almost 47 percent of

girls are married before the age of 18. Currently, India ranks 13 in the world when it
comes to child marriages. Since child marriage has been steeped into the Indian culture
and tradition since centuries, it has been tough eliminating it.

The Prohibition of Child Marriage Act was made effective in 2007. This act defines child
marriage as a marriage where the groom or the bride are underage, that is, the bride is
under 18 years of age or the boy is younger than 21 years. Parents trying to marry
underage girls are subject to action under this law. Since the law makes these marriages
illegal, it acts as a major deterrent.
Special Marriage Act, 1954

The objectives of this act is to provide – a special form of marriage in certain

cases, provide for registration of certain marriages and, to provide for divorce. In a
country like India and with the diverse religions and cast, when people from different
faiths and caste chose to get married they do it under the Special Marriage Act.

It is not applicable to the state of Jammu and Kashmir and also extends to intending
spouses who are Indian nationals and living abroad.

Dowry Prohibition Act, 1961

According to this act, taking or giving of dowry at the time of the marriage to the
bride or the bridegroom and their family is to be penalized. Dowry system, giving and
taking of dowry, is a norm in India. Dowry is often asked of the bride and her family by
the groom and his family. The system has taken strong roots because women after
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marriage move in with their spouse and in-laws. Also, over the centuries, the lack for
economic independence of women and the taboo towards divorce has resulted in bride
burning. When demands for dowry evenafter marriage are not met by the girl’s families,
many women are tortured, beaten and even burnt. It is one of the major challenges that
our society is grappling with. Women openly complaining about it has helped to spread
the word and encourage other women to take a stand.

Indian Divorce Act, 1969

The Indian Divorce Act allows the dissolution of marriage, mutual consent, nullity of
marriage, judicial separation and restitution of conjugal rights.Family Courts are established
to file, hear, and dispose of such cases.

Maternity Benefit Act,1861

This act regulates the employment of women and maternity benefits mandated by
law. It states that a woman employee who has worked in an organization for a period of at
least 80 days during the 12 months preceding the date of her expected delivery is entitled
to receive maternity benefits, which includes maternity leave, nursing breaks, medical
allowance, etc.

Medical Termination of Pregnancy Act,1971

The Act came into effect into 1972, was amended in 1975 and 2002. The aim of
the Act is to reduce the occurrence of illegal abortion and consequent maternal mortality
and morbidity. It clearly states the conditions under which a pregnancy can be ended or
aborted and specifies the persons qualified to conduct the same.
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Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal)Act, 2013

To ensure women’s safety at workplace, this Act seeks to protect them from
sexual harassment at their place of work. Thirty-six percent of Indian companies and 25
percent among MNC’s are not complaint with the Sexual Harassment Act according to a
FICCI-EY November 2015 report.

Sexual harassment at workplace also includes – the use of language with sexual
overtones, invasion of private space with a male colleague hovering too close for comfort,
subtle touches and innuendoes.

Indecent Representation of Women(Prevention) Act,1986

This Act prohibits indecent representation of women through advertisement or in

publications, writings, paintings, figures or in any other manner.

National Commission for Women Act, 1990

The National Commission for Women (NCW) is a statutory body of the

Government of India, established in January 1992. LalithaKumaramangalam was
appointed its Chairperson in 2014.

The NCW represents the rights of women in India and provides a voice for their issues
and concerns. The National Commission for Women Act aims to improve the status of
women and worked for their economic empowerment.

Equal Remuneration Act, 1976

This Act prevents discrimination in terms of remuneration. It provides for payment

of equal recompense to men and women workers. It is necessary to know these and other
 P a g e | 24

laws in place to protect the interests of women. Only if you are aware of your rights can
you fight against any injustice meted out to you at home, at the workplace, or in the
society13.

13
https://yourstory.com/2016/06/laws-that-protect-women-rights Last visited 16-10-17.
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RELEVENT CASES
Honour Killing :
Manoj – Babli

Honour killing case was the honour killing of Indian newlyweds Manoj Banwala
and Babli in june 2007 and the successive court case. Which historically convicted
defendants for an honour killing. The individuals involved in murder included relatives of
Babli. Relatives of Manoj, especially his mother, defended the relationship.

The Prohibition of Child Marriage Act :

T.Sivakumar Vs. Inspector of Police

Departure made by this act from the hindu marriage act. when the prohibition of
the child marriage act , 2006 was enacted, the parliament was aware of the provisions of
sections 5, 11, 12 and 18 of the hindu marriage act. By declaring that
the prohibition of child marriage act shall apply to all citizens, the parliament has
intended to allow the prohibition of child marriage act to override the provisions of the
hindu marriage act to the extent of inconsistencies between these two enactments. this is
manifest from the statement of objects and reasons of
the prohibition of child marriage act, 2006 which read as follows:- "
the child marriage restraint act, 1929 was enacted with a view to restraining solemnisation
of child marriages. The act was subsequently amended in 1949 and 1978 in order, inter
alia, to raise the age limit of the male and female.

Special Marriage act :

Uma Charan Roy v. Smt. Kajal Roy on 1 September, 1970.

Mr. Bose has very strenuously contended that in view of Section 29(4) of the
Hindu Marriage Act, Section15 of that Act has no application to the
impugned marriage. Sub-section (4) of Section 29 runs as follows:

"Nothing contained in this Act shall be deemed to affect the provisions contained in
the Special Marriage Act, 1954 (43 of 1954) with respect to marriages between Hindus
solemnized under that Act, whether before or after the commencement of this Act."

Dowry Prohibition Act :

G.V.Siddaramesh v. State Of Karnataka on February, 2010

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This criminal appeal arises out of common judgment and order passed by the Karnataka
High Court in Criminal Appeal No. 1755 of 2003 and Criminal Appeal No. 665 of 2004,
whereby and whereunder the court has partly allowed the appeal, and in so far as the
appellant is concerned, while maintaining the conviction for offences punishable
under Section 4 of Dowry Prohibition Act, 1961 and Sections 498-A and 304-B of the
Indian Penal Code, 1860, has modified the sentence for the offence punishable
under Section 3 of the DowryProhibition Act, 1961 from 5 years and a fine of Rs.
2,50,000/- to 2 years and a fine of Rs. 1,25,000/- and, in default, to undergo simple
imprisonment for 6 months.
Maternity Benefit Act :
Municipality Corporation Of Delhi v. Female Workers on 8 march 2000
The Corporation in their written statement, filed before the Industrial Tribunal, pleaded
that the provisions under the Maternity Benefit Act, 1961 or Central Civil Services
(Leave) Rules were not applicable to the female workers, engaged on muster roll, as they
were all engaged only on daily wages. It was also contended that they were not entitled to
any benefitunder the Employees' State Insurance Act, 1948. It was for these reasons that
the Corporation contended that the demand of the female workers (muster roll) for grant
of maternity leave was liable to be rejected.
National Commision For Women Act :
Richhpal Singh And Ors. vs State Of Rajasthan on 4 January, 2005
Thousands of teachers by way of instant bunch of Writ petitions, as mentioned in
Schedule appended to each petition, have challenged the Constitutional validity of the
Rajasthan Panchayati Raj (Amendment) Ordinance, 2004 and Rajasthan Panchayati Raj
(Amendment) Rules, 2004 providing for selection of Teachers Gr.III by the Public
Service Commission and have prayed for restoring the autonomy to the Panchayati Raj
Institutions in the matter of selection & appointment of primary school teachers.
Petitioner-teachers have also prayed for restoration of the Notification dated 14.7.2003
providing to fill-up the posts of Teacher Gr.III to the extent of 75% from Para
Teachers/Shiksha Sahyogi and 25% from the open market. It is further prayed that their
services be regularized as Teacher Gr.III, who have been in continuous service for a
considerable time as Para Teacher or Shiksha Sahyogi.
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CONCLUSION
Women rights are the rights and entitlements claimed for women and girls
worldwide, and formed the basis for women’s rights movement in the nineteenth
century.Throughout the world, there are practices in the family that are violent towards
worn and harmful to their health. Young girls are circumcised, live under severe dress
codes, given in prostitution, denied property rights and killed for the sake of honour in the
family. There are many traditional practices like Female genital mutilation, Honour
Killing, Witch Hunting, Beauty, Violation of Reproductive Right Incent, which leads to
discrimination of women and their rights. There are also many policies made for the
women living in the rural places. Rapes are now becoming a big problem in all over the
world. There are many laws enacted for the welfare of women. According to me the laws
enacted by the Indian government are not sufficient to eradicate violence against women
happening in the present India.

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BIBILOGRAPHY
Books :
1. Women and The Law, Laxmidhar Chouhan, 1st edition, 2007. Mittal
publications, New Delhi.
e-sources :
1. https://en.wikipedia.org
2. http://www.indiankanoon.com