Rights of Women and Law
- Part 2 -

Romilla Akham *

High Court Complex at Chingmeirong Imphal in April 2012 :: Pix - Bullu Raj

(Since I stepped in to the law class of my alma mater five years back, the plight and sufferings of Indian women has always been in mind. As I studied deeper in to Indian and International law relating to women, sometimes I found myself exasperated on the sheer lack of awareness among Indian women. I feel that it is my bounden duty to contribute whatever little that I can in this field. Of course, this article could just be the beginning.)

Fundamental rights:

The Constitution guarantees that the State shall not deny any person equality before law and equal protection of law in the territory of India (Article 14). This Article forms the bedrock for all other provisions.

This is the key principle for a welfare State to ensure social and economic equality. The idea of the right without the capability and the means to avail the benefits equally would be a farce and a mean joke on the weaker sections. Right to equality is one of the most important rights and there can be no discrimination based on the sex, race, religion, caste, creed, region, etc. The Article 15(1) prohibits the State from discriminating on the basis of religion, race, case, sex, or place of birth, Article 15(3) allows the State to make special provisions for women and children. It is imperative for the State to make laws as per the social condition of the various people. Article 15 simply elaborates that the same concept and acknowledges that women need special treatment for their betterment. The Article 16 states about equality of opportunity for all citizens in matters relating to employment.

The Article 21 is one of the most important fundamental rights states as right to life and personal liberty, which is known as human rights article also. In many cases, this Article has saved women who have been wronged.

Directive Principles:

Under the Directive principles, the states have been urged urges the State to provide equal right to adequate means of livelihood to men and women in Article 39(a) and to ensures equal pay for equal work for both men and women Article 39(d). Now we have laws for these provisions. The Article 39(e) states that State should ensure that men, women and children are not forced into work that is unsuitable to their age or strength due to economic necessity.

Certain amendments have been made in the constitution to improve the condition of women in the Indian Society. Though Indian constitution has been mocked as the most amended constitution, at least these changes are welcomed. The Article 40 and Article 243(d) says that 1/3 seats in Panchayats shall be reserved for women. The 73rd and 74th amendments to the Constitution of India provided for reservation of seats (at least 1/3) in the local bodies of Panchayats and Municipalities for women.

One more Constitution Amendment (84th Constitution Amendment) reserving 33 per cent in Parliament and State Legislature is in the line. The Article 42 asked the State shall make provisions for securing just and healthy working conditions and provide maternity relief and now we have labour laws providing crèches, sanitary and other facilities for working women. These are not favours from employers, but a fundamental right with constitutional safeguards.

Fundamental Duties

The Constitution also provides that it is the fundamental duty of the citizens to renounce practices that are derogatory to the dignity of women as per Article 51 A(e).

Indian Legislations and Women

Women as a citizen have all the safety guaranteed under any law of the land, but in addition, we have women specific laws too. There are quite a good number of Laws relating to women's right and let me try to give an overall review of all the Acts relating to women so that women readers may have a list of applicable Acts in their mind. Coming to the other legislations of the country, we have the Indian Penal Code, the Evidence Act and the Criminal Procedure Code, the Dowry Prohibition Act, the Labor Laws and few more Acts which state the issues faced by women. These laws can be categorized in to two groups, having nature of criminal laws and having civil in nature.

Acts of the nature of Criminal Laws:

There a good number of Acts relating to the safety, rights and welfare of women which are of the nature of criminal laws, in fact vital laws are of this nature. The important sections/provisions of these Acts are listed for ready reference:

1. Indian Penal Code, 1860 : It is one of the oldest, but most elaborate and reasonable law we have. It has never been amended. Let us see the important provisions relating to women:

Sections 292, 293 and 294 provide for punishment in sale and exhibit of obscene books objections and for obscene act in public place.
Section 304(b) deals about murder of women in connection with demand of dowry.
Sections 312 to 318 deal about punishment for causing miscarriage.
Section 354 provides punishment for outraging the modesty of any women.
Section 366 deals about kidnapping for marriage against her will.
Section 366-A deals with procuration of minor girls for sexual purpose.
Section 376 deals about punishment for rape.
Section 494 protects women from bigamy.
Section 497 deals about protection of married women from adultery.
Section 498-A deals about subjecting women to cruelty by her husband or relatives.
Section 509 provides punishment for uttering words and gesture or act intended to insult the modesty of a woman.

2. The Dowry Prohibition Act, 1961 : This Act has made demand of dowry either before marriage, during marriage and or after the marriage an offence. The Dowry Prohibition Act was passed in 1961 which dealt with the practice of receiving and giving dowry. Dowry has been one of the age old customs in India and it is one of the major problems faced by women in rural and urban areas, dowry deaths are also quite common.

Section 304 B of Indian Penal Code, deals with the offence of dowry death. Punishment for which is imprisonment for a term of not less than seven years or life imprisonment.

Section 498 A deals with the crime of cruelty by the husband or the relatives of the husband. The punishment for which is imprisonment up to three years and fine. This section defines cruelty which includes both mental and physical cruelty.

3. The Immoral Trafficking (Prevention) Act, 1986 : The Act safeguards women from prostitution. This was an act to provide in pursuance of the International Convention signed at the New York Convention on the 9th day of May, 1950, for the prevention of immoral traffic.

4. The Prenatal Diagnostic Technique (Regulation and Prevention of Measure) Act, 1994 : This Act prohibits diagnosing of pregnant women and also identification of child in the womb whether it is male or female.

5. The Indecent Representation of Women (Prohibition) Act, 1986 : The Act safeguards women from indecent representation. It prohibits indecent representation of women through advertisement or in publications, writings, paintings, figures or in any other manner.

6. The Commission of Sati (Prevention) Act, 1992 : It safeguards women from Sati.

The law declares the commission, or any other ceremony in observance of sati as illegal, and even its glorification attract criminal sentence. Sati (Prevention) Act, 1987 was an enactment by the Government of Rajasthan in 1987 which became a federal legislation in 1988.

(To be continued)

For queries on legal provisions on women's rights email
akhamromilla(at)gmail(dot)com
romilla91(at)rediffmail(dot)com .