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Women and The Law

WOMEN AND THE LAW

Position and role of women in Indian Society
in traditional Indian society, the social role of women has been primarily as a wife and mothers. In recent years, there has been a shift in the social role of women in India. Family: Women are the key to sustainable development not only in the family but in various segment of society. In conclusion, women have been making a significant contribution to modern Indian society in various fields, including politics, education, business, social services, arts and culture, sports, aerospace, journalism and media, science and technology, literature, entertainment, philanthropy, spiritual and religious fields. Women have all the rights and privileges in every area as possessed by the men. The Constitution of India has given equal rights, privileges and freedom that are enjoyed by the men for years. Even after various exploitation against women, they are now feeling much emancipated and free.
Factors Responsible For Increasing Violence Against Women In India
1.      Patriarchal Mindset and Gender Stereotype:
2.      Lack of Education:
3.      Dowry System:
4.      Traditional and Cultural Practices:
5.      Insensitivity of law enforcement machinery:
6.      Financial Dependence:
Crimes against women and gender injustice
1             DOMESTIC VIOLENCE
The home is often equated with a sanctuary, a place where individuals seek love, safety, security and shelter. For some women, the home is a place that imperils lives and breeds some of the most drastic forms of violence perpetrated against girls and women. Violence is usually perpetrated by males who are, or who have been in positions of trust and intimacy and power e.g. husbands, fathers, fathers-in law, stepfathers, brothers, uncles, sons, or other relatives.
The Protection of Women from Domestic Violence Act (PWDVA), 2005[14] defines domestic violence as any act, omission or commission or conduct of the respondent, which includes threat or actual abuse.
2             SEXUAL HARASSMENT AT WORK PLACE
Sexual harassment is when one person subjects another person to an unwelcome act of physical intimacy like grabbing, brushing, touching, pinching, eve teasing, makes an unwelcome demand or request directly or by implication for sexual favors from another person, shows a person any sexually explicit visual material, in the form of pictures/cartoons/pin-ups/calendars/ screensaver version computers/any offensive written material / pornographic e-mails or any other form of unwelcome conduct of a sexual nature, eve teasing, jokes likely to cause awkwardness or embarrassment, innuendos, sexist remarks. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed with the objective of providing protection to the women at workplace. This statute superseded the Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of India. Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The Act covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints.Any aggrieved woman may file a complaint in writing to the Internal committee/ Local Committee within 3 months from the date of incident or the date of the last incident in case of a series of incidents. The victim can also file a complaint with Police under Indian Penal Code 1860 under Sections 294,354, 354A, 509.
3             DOWRY RELATED VIOLENCE
dowry death is the murder or suicide of a married woman caused by a dispute over her dowry. In some cases, husbands and in-laws will attempt to extort a greater dowry through continuous harassment and torture which sometimes results in the wife committing suicide. The majority of these suicides are done through hanging, poisoning or self-immolation. Bride burning, a form of dowry death, occurs when a woman is set on fire. To curtail the growing incidents of dowry torture and dowry death , a new Section was incorporated into Indian Penal Code , that is, Section 498A .According to this Section, whoever being husband or relative of husband of a woman , subjects her to cruelty shall be punished with imprisonment for a term which may extend to three years and fine. Cruelty herein means any willful conduct that is likely to drive a woman to commit suicide or to cause grave injury or danger to her life, limb or health ( whether physical or mental_) of the woman Or harassment to force her to meet any unlawful demand for any property or security or on failure to meet the demand. Later, Section 198A was added to the Criminal Procedure Code in 1983. In 2005, the Protection of Women from Domestic Violence Act was passed, which added to protect women from dowry harassment. Section 304B was added to the Indian Penal Code, 1860 (“IPC”), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life.Further, under Section 4 of the Dowry Prohibition Act, 1961 a demand for Dowry is an offence wherein demand is made at the time of or even after marriage even where no cruelty is involved .
4             RAPE
Rape is one of the most heinous atrocities committed on a woman in our society .It is known to be the fourth most common crime against women in India.Rape takes place if a man has sexual intercourse i.e, penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—
1.      Against her will.
2.      Without her consent.
3.      With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
4.      By getting her consent by pretending to be her husband.
5.      When she does not understand the nature and consequences of what she has consented to because of unsoundness of mind or under the influence of alcohol.
6.      With or without her consent, when she is under eighteen years of age.
7.      When she is unable to communicate consent.
A rape victim can file an FIR in the local police station under following Sections of Indian Penal Code.
1.      376-Punishment for Rape
2.      376A-Punshment for causing death or resulting in persistent vegetative stage of victim.
3.      376B- Sexual Intercourse by Husband upon his wife during separation
4.      376C- Sexual Intercourse by Person in Authority
5.      376D-Gang Rape
5             HONOR KILLING
An honour killing is a murder of a family member who has considered to have brought dishonour and shame upon the family. Examples of reasons for honor killings include:
1.      The refusal to enter an arranged marriage.
2.      Committing adultery.
3.      Choosing a partner that the family disapproves off.
4.      Becoming a victim of rape.
Village caste councils or khap panchayats in certain regions of India regularly pass death sentences for persons who do not follow their diktats on caste or gotra
6             FEMALE INFANTICIDE
Female infanticide is the selected killing of a newborn female child or the termination of a female fetus through sex-selective abortion.
In India, there is incentive to bear a son due to their role in providing security for the family in old age and conducting rituals for deceased parents and ancestors. Conversely, daughters are viewed as a societal and economic burden. An illustration of this is the practice of dowry. The apprehension of being unable to afford a socially acceptable dowry and facing social ostracism can result in female infanticide in economically disadvantaged families
The Preconception and Prenatal Diagnostic Techniques Act of 1994 (PCPNDT Act 1994) was modified in 2003 in order to target medical professionals. The Act has proven ineffective due to the lack of implementation.
7             OUTRAGING MODESTY
Violence against women related to modesty encompasses assaults intended to outrage a woman's modesty and insults to the modesty of women such as forcefully undress her or pressing her breasts etc.
This is punishable under section 354 of IPC
8             CHILD MARRIAGE
Child marriage prevention Act 2006
9             HUMAN TRAFFICIKING AND FORCED PROSTITUTION
The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation.


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