DOWRY PROHIBITION ACT, 1961
Existing Provisions Amendment proposed by NCW
1 2
The offence under the Act is treated
as an offence against individual women.
S.3 does not prescribe the sentence
for the offence, but only provides the
minimum sentence.
Not only taking but also giving of dowry
is an offence.
Offences under the Act are treated as
cognizable offences only in certain
limited purposes.
Proposed amendments by Government
Restriction on marriage expenses not
to exceed Rs.5,000/- or 2 % of the
annual income of the bride’s parents.
1. For a more effective
implementation it is desirable to make
dowry offences as against the State.
Modification of S.2 defining ‘Dowry’.
Ss. 3 & 4 of the Act (being aggravated
forms of the offence related to dowry)
to be removed from the Act and
included in IPC.
Substitution of S.5 providing for a list
of presents given to a bride or
bridegroom at the time of marriage.
Ss. 7 & 8 of the Act to be omitted.
S. 8A of the Act to be removed and
included in the Evidence Act.
Persons giving dowry are victims and
hence it is not fair to punish them
Persons anticipating in dowry
negotiations should be made liable along
with persons taking or demanding dowry.
The offence should made cognizable
for all purposes.
Substitution of S.7 so as to remove the
application of Chapter XXXV of the
Cr.P.C,
Modification of S.8B with respect to
Dowry Prohibition Officers.
Redrafting of Sub-Section ( 2 ) of S.9
on the following lines:- ‘In particular
and without prejudice to the generality
(1)
Remarks
3
Indian Penal Code. 1( a ).Substitution
of Explanation to sub-section (1) of
Section 304B defining Dowry on the
following lines:
Explanation: In this section and section
498B, ‘Dowry’ means any property or
valuable security given or agreed to be
given either directly or indirectly, by the
bride or any person related to her to
the bridegroom or any person related
to him at, before any time after the
marriage in connection with, or as a
consequence of, the marriage.
Exception – Nothing in the Explanation
shall apply to the presents which are
given at the time of marriage to the
bridegroom (without any demand having
been made in that behalf): Provided
that such presents are of a customary
nature and the value thereof is not
excessive having regard to the financial
status of the person by whom or on
whose behalf, such presents are given.’
Modification in sub-section ( 2 ) of
Section 498 A:
In sub-section ( 2 ) for the words ‘ a
term which shall not be less than seven
years, but which may extend to
imprisonment for term which shall not
be less than seven years but which may
extend to ten years’ shall be substituted.
Existing Provisions Amendment proposed by NCW
1 2
of the foregoing power, such rules may
provide for the better coordination of
policy and action with respect to the
administration of the Act’.
Recommendations made in the National
Conference of Dowry Prohibition Officer
held on 31.1.2004.
1. Definition of dowry needs to be
amended:
i. The ‘giving’ of dowry as well
as ‘taking’ of dowry is an
offence but no one has been
penalized till date for giving
dowry.
ii. The words “in connection
with marriage” “at the
time of marriage, before
marriage or any time
subsequent thereto” need
clarification. There is
confusion whether a demand
of money followed by threat
constitutes dowry and as to
which demand would be
treated as “in connection
with marriage.” (Daljeet
Singh V. State of Punjab,
G.A. Mohammad Moideen V.
State of Madras and Elango
V. State of Madras).
2. Though list of gifts is mandatory
and is to be signed by both the
families but it is generally not
(2)
Remarks
3
In Chapter XXA - ( a ) Substitution of
the heading by ‘Of offences against
women’
(b) Insertion of 498B prescribing
punishment in dowry offences. The
proviso to the section empowers the
courts to give lesser punishment for
adequate and special reasons.
Omit the qualifying clause and the word
‘cognizable’ alone be retained in S.498.
S. 498A to be amended to enhance
the punishment from 3 to 7 years.
Code of Criminal Procedure
Immediately before S. 499A in the First
Schedule substitution of the Chapter
heading by ‘Of offences against women’.
Amendment of the First Schedule
making necessary entries after S. 498A
i.e. inserting S 498A prescribing –
‘Taking, demanding or abetting to take
dowry’ as a ‘Cognizable’ and ‘Non-
bailable’ offence punishable with
‘imprisonment for not less than 5 year
which may extend to 10 years and fine
not less than 15,000 rupees or the
amount of value of the dowry, whichever
is more’ and empowering the CJM or
CMM to take cognizance of the offence.
In the First Schedule, against section
498A. in Col.4, omit the qualifying
clause and the word ‘Cognizable’ alone
be retained.
Existing Provisions Amendment proposed by NCW
1 2
adhered to. There must be
stringent provision in the law so
that this rule is complied with and
in case of failure visited by penal
sanction. Furthermore, the parties
must sign the list in the presence
of a DPO. This would further
authenticate the list.
3. Provisions should be made to make
registration of marriage compulsory
as in the case of births and death.
This will enable the investigating
authorities/personnel to deal with
the cases more effectively.
4. The practice of giving additional
charge of Dowry Prohibition
Officer (DPO) to a public servant
must be discontinued forthwith.
Person should be appointed
directly as DPO to deal exclusively
with dowry related crimes/
offences.
5. DPOs must be invested with wider
powers of investigation to make
the role of investigation more
effective. DPOs must be urged
to play a proactive role and they
must be given powers to take suo
moto cognizance of dowry related
offences.
6. If NGOs are to be appointed as
DPOs they should be conferred
statutory status under the Dowry
Prohibition Act.
(3)
Remarks
3
Consequential amendments of S304 IPC–
In the First Schedule, Col. 3, the existing
entry be substituted by ‘imprisonment
for life or imprisonment for a term not
less than 7 years but which may extend
10 years’.
4.Omit S. 198A.
Amending S.39 to cast a duty on the
public to give information as to a dowry
offence.
In Clause ( v ), for the word and figures,
‘and 304’ , ‘304 and 304B’ shall be
substituted.
After Clause, ( xii )insertion of the
following:
‘Section 498B (that is offences relating
to dowry)’.
Indian Evidence Act -
Insertion of S.113AA.
Burden of proof lies with the person
charged with S498 IPC (Dowry Offence).
General Suggestions and Remarks:
(Cruelty to women is taking serious
dimensions and hence punishment to
be enhanced.
Compulsory registration of marriage and
the list of gifts which may be given to
the girl be registered.
Amend the Hindu Marriage Act to make
registration of marriage under that Act
compulsory.
Existing Provisions Amendment proposed by NCW Remarks
1 2 3
7. Police/Crime Against Women Cell Provide tax exemption on gifts to
should not directly deal with dowry facilitate parents to settle property by
related complaints received / filed way of gifts openly to the girls.
with them. Any investigation
Marriage expenses in no case to exceed
concerning the same should be
20 % of the annual income of the
done solely by the DPOs.
bridge’s parents or guardians.
8. As per the directions of the
Greater emphasis should be placed on
Hon’ble Supreme Court all states
the proper and strict implementation
must take immediate steps for
of the provision relating to Dowry
appointment of DPOs with defined
Prohibition Officers and Advisory Boards
powers.
by appoint full time officers who shall
9. All states must immediately be accountable to the Advisory Board.
comply with the Supreme Court
directions and frame rules for
appointment and powers of DPOs.

10. In case there is a delay in the

appointment of DPOs as
suggested above the Police
Personnel dealing with dowry case
should be sensitized and given
training to deal with such sensitive
cases.

11. The law must provide sufficient

safeguards so that the DP Act is
not used by either of the party
for mere blackmailing and
bargaining. It is seen that the
gifts given happily in the marriage
– remain gifts only as long as the
going is smooth. The moment
the relationship turns sour these
very gifts become dowry and a
bone of contention. All kinds of
allegations are hurled against each

(4)
Existing Provisions Amendment proposed by NCW Remarks
1 2 3
other and the same becomes a
police case. Quite often even
before the investigation starts, the
parties compromise making a
mockery of the whole system. To
effectively deal with this kind of
situation a system should be
evolved in that complaint must
first be registered with a NGO
and only after its investigating as
to genuineness of the complaint
should it be referred to the DPO
concerned for further action in
the matter.

12. Dowry related cases must be

adjudicated expeditiously to avoid
further harassment of the woman.

13. Instead of the traditional gifts as

is being given now the parents of
the girl could give a share of their
property which belongs to her.

14. Apart from the share of property

which she gets from her parents
she must also be given a right to
residence/share in the matrimonial
home so that the husband/In-laws
do not ill-treat her out on flimsy
grounds.

15. Parents should be coerced to

change their mindset that
daughters are ‘PARAYA DHAN’.
The idea that a daughter is a
daughter throughout her life needs
to be instilled. Media should play

(5)
Existing Provisions Amendment proposed by NCW Remarks
1 2 3
a balanced and responsible role.
Instead of sensationalising this
kind of sensitive issues they should
be urged to play a constructive
role to build up a better society.

Recommendations made in the National

Workshop on Laws concerning Crime
against Women - Strategies and
Amendments (Part-I) held on 1.2.2004

1. Application of extortion – u/s 383/

384 on extortion – if intentionally
puts any person in fear of any
injury to that person and then
dishonestly induces extortions –
3 years – Dowry can be included.

2. Preparation of the list of presents

received at the time of marriage
should be mandatory. NCW has
already made recommendations
to the Govt. that Registration of
Marriage should be made
compulsory and the list of presents
received be signed by both parties
and should be filed at the time
of registration of marriage.

3. NGOs should intervene more

effectively and propagate against
Dowry.

4. Media’s role should be constant

and consistent.

5. Awareness should be created that

both the giver and taker of dowry
are liable for prosecution.

(6)
Existing Provisions Amendment proposed by NCW Remarks
1 2 3
6. Legal Awareness Programmes for
women should be given more
impetus.

7. Awareness and Education and

better implementation of legal
provisions can help; boys families
to develop proper attitudes.

8. Empowerment of Women – work

opportunity – share in property –
may help.

9. Public acclaim of families through

awards and publicity for
eliminating the practice of dowry.

10. Dowry should be treated as a kind

of torture and violence that leaves
scars on the minds and physique
of the girl and her parents/
guardians.

Observations

1. Social Status – Dowry seen as a

status symbol to be discouraged.

(7)
 COMMISSION OF SATI (PREVENTION) ACT 1987

Existing Provisions Suggested Amendments by NCW Remarks

1 2 3

Preamble Definition Besides Government proposals, NCW

recommended:
S.3
S.4 Substitution of title ‘An Act to provide
Long title for additional, ancillary or incidental
S.1 ( i ) matters connected with the prevention
of Sati murder’.

Preamble omitted.
S.2 (i) (a)
S.2 (i) (d) In S. 1 ( 1 ) for ‘Commission of Sati
S..2 (i) (e) (Prevention) Act’. ‘Commission of Sati
Murder (Prevention) Additional Provisions
Act’ to be substituted.
S.2 (2)
Omit S.2 (1) (a).

Substitution of S. 2 (1) (d) to define

Part II court to mean ‘a District and Sessions
Ss. 3 – 5 Court’.

Substitution of ‘Sati murder’ for ‘Sati’

Part III in S. 2 (1) (3).
Heading In S.2 ( 2 ) ‘as in the code’ and ‘or the
Part III code’ to be omitted.
S.6 (1)
Part II (Ss. 3 - 5) to be omitted.

Part III; for ‘Sati’ the words ‘Sati murder’

S.6 (3) to be substituted.
S.8 (1) In S. 6 (1) ‘any abetment thereof’ to be
S.8(2) omitted.

Part IV (Ss. 9 – 14) In S. 6 (3) for ‘any other provision of

this Act,’ the words ‘or any other law’
Part V (Ss.16 – 7) to be substituted.

(8)
 Existing Provisions
1 2
S.18
S.19
Indian Penal Code
S.303
Criminal Procedure Code – S.39 (1) (v)
Evidence Act – Ss 113, 113A.
Proposed Amendments by Government
In the Preamble ‘nowhere enjoined by
religions to’ be omitted.
Definition of Sati to include putting an
end, in whatever manner, the life of
the helpless women.
S.3 to be omitted as attempt to commit
Sati not an offence.
S.4 Sati to be Sati murder.
Emphasis on preventive measures.
Suggested Amendments by NCW Remarks
3
In S.8 (1), for words ‘any offence under
this Act’, ‘Sati murder’ to be substituted.
S.8 ( 2 ) to be substituted to read as –
‘every Collector or District Magistrate
acting under sub-section (1) shall report
seizure to the Court and shall await the
orders of such court for the disposal of
the same.
Part IV (Ss. 9-14) to be omitted.
Part V (Ss. 16 & 17) to be omitted.
In S. 18, for ‘sub-section ( 1 ) of S.4”,
the words ‘S.303A of the Indian Penal
Code’ to be substituted.
In S. 18 for ‘Sati’, wherever it occurs,
‘Sati murder’ to be substituted.
S. 19 of the Commission of Sati Murder
(Prevention) Additional provisions Act,
1987, to be amended as follows:
Amendment of Act 43 of 1951 – In the
Representation of the People Act, 1951
(43 of 1951):-
In section 8, in sub-section (2), for the
second proviso, the following proviso shall
be substituted, namely: ‘Provided further
that a person convicted by a Court for
the contravention of section 303A and
section 303B of the Indian Penal code
(45 of 1860) or any of the provisions of
the Commission of Sati Murder
(Prevention) Additional Provisions Act,
1987 shall be disqualified from the date
of such conviction and shall continue
(9)
Existing Provisions Suggested Amendments by NCW Remarks
1 2 3
to be so disqualified for a further period
of 5 years since his release’.

In S. 123 for clause (3B), the following

clause to be substituted – ‘The
propagation of the practice or the
commission of sati murder or its
glorification by a candidate or his agent
or any other person, with the consent
of the candidate or his election agent
for the furtherance of the prospects of
the election of that candidate or for
prejudicially affecting election of any
candidate. Explanation _ For the
purpose of this , “Sati murder’ and
‘glorification’ shall have the meanings
respectively assigned to them in sections
303A of the Indian Penal Code (45 of
1860).’

(10)
 CODE OF CRIMINAL PROCEDURE, 1973
(Cognizance of offence of Bigamous Marriage)

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

S. 198 of the Code of Criminal Restriction on the filing of a complaint Normally women (wives) in India do not
Procedure 1973 u/s 198 (1) should be removed in respect make any such complaints for a variety
of Ss. 494 and 495 of the IPC. Omitting of reasons.
Proposed Amendments by Government
Clause ( c ) to the proviso to sub-section
The existing provisions bar the criminal I (1) of S. 198. The amendment may
court from taking cognizance of an be as follows:
offence under section 494 or section
In sub-section (1) of S. 198, Cr. P.C. (i)
495 of the Indian Penal code except
after the words and figures ‘under
on the complaint of the wife or a
Chapter XX’ the words and figures
complain made, on her behalf by the
‘other than sections 494 and 495’ shall
specified relatives of the wife.
be inserted.
The question is whether this restriction
ii) Clause (c) of the proviso shall be
should be removed . And if the affected
omitted.
women does not make a complaint
whether any women’s welfare
organization or any legal aid cell or
any one else should have the right to
make a complaint.

(11)
 INDIAN PENAL CODE

Existing Provisions Suggested Amendments by NCW Consequential Amendments Suggested

in other Statutes / Remarks
1 2 3

Ss. 372 and 373 of the IPC.
Proposed Amendments by Government
Expressed concern on reported sale of be, buying, hiring or otherwise obtaining
young girls in the guise of marriage. possession of, such child. However, these
Ss. 372 and 373 of the IPC prohibits
‘sale, letting on hire or otherwise
disposing of a child or, as the case may
two sections are confined to transactions
for specific purposes, i.e. for prostitution
or illicit intercourse with any person or
for any unlawful and immoral purpose.
The theme of discussion on IPC was
sexual assault on women in the context
of existing legal provisions of IPC, 1860
and to suggest reform of these provisions.
The following points were raised and
suggestion made in the National
Workshop on Laws concerning Crime
Against Women - Strategies and
Amendments: -
Indian Penal Code
1. Amendment to S. 359 to make
appropriate change in the definition
of kidnapping.
2. Amendment of S.361 so as to
remove the differentiation of age
of male and female child; to
provide for definition of consent
and to omit the exception.
General Suggestions and Remarks
The fact of sale of minor girls was
brought to light recently by Ameena’s
case.

Shortcomings in the existing provisions

of IPC

1. The biggest difficulty with law on

“Rape” u/s 375 and “unnatural
offences” u/s 377 is that they are
limited to penetrative abuse.

2. Section 375 does not recognize

rape within a marriage unless
women is below the age of 15 or
at a time when women is living
separate from him under a legal
decree of separation or custom
(376-A).

(12)
Existing Provisions Suggested Amendments by NCW Consequential Amendments Suggested
in other Statutes / Remarks
1 2 3
3. The term rape should be replaced
by “Sexual assault”. Sexual
Violence needs to be defined in a
broader term of Sexual assault as
it implies a widely expansive term
in-corporating all intentions, words,
gestures and acts of sexual but
unwanted nature ranging from
“exhibitionism” to penetration that
causes a person to feel un-
comfortable, humiliated, frightened
or intimidated; and against women
constitute any conduct of sexual
nature that abuses, humiliates,
degrades or otherwise violates the
dignity of a women.

4. There are wide range of sexual

violence that do not involve penile
vaginal penetration like child sexual
abuse, criminal intimidation and
threats, sexual harassment, forced
prostitution and trafficking and
restrictive understanding could
under count the number of victims.

5. Any reform of law on assault must

consider impact and requirement
of law on separate category of
minor girls.

6. Section 377 IPC – punishes carnal

intercourse against the order of
nature not covered by S. 375 –
and it can provide a remedy for
child abuse cases for girls and for

(13)
Existing Provisions Suggested Amendments by NCW
1 2
women whose abuse is not covered
by S 375.
Consequential Amendments Suggested
in other Statutes / Remarks
3

7. Section 354 IPC which punishes

assault or criminal force upon a
women with the intent to outrage
her modesty can be used to punish
non-consensual sex performed on
young female. Modesty has not
been defined though SC held in
Rupan Bajaj case that ultimate test
for ascertaining whether modesty
has been outraged is if the action
of the offender is such as could
be perceived as one capable of
shocking the decency of women.

8. Delay in Trial results in acquittal

in most of the serious cases as
delay gives opportunity to the
accused to win over the witnesses.

Need for change in Law

1. Penetration need not be a

requirement for sexual assaults

At present both Sections 375 and

377 IPC require penetration to constitute
the offences and lack of visible marks
of injury makes proof impossible – this
needs to be deleted and instead a graded
and inclusive definition of sexual assault
be introduced.

2. Sexual assault within marriage must

be punished

At present it is not punished except

if the wife is below 15 years or during

(14)
Existing Provisions Suggested Amendments by NCW Consequential Amendments Suggested
in other Statutes / Remarks
1 2 3
separation. - Deletion of exception to S
375 guilty be held accountable and not
to be treated as a separate protected
category.

3. Consensual Sex should be de-

criminalized – the term u/s 375 “with
or without her consent” may be removed
from the clause. At the same time
presumption of rape may be drawn in
case of non-consensual sex among
persons under 18 years of age.

Procedures in Courts

4. Testimony of victim must be given

adequate weight – victim of rape is not
an accomplice of crime and her testimony
can be acted upon without corroboration
in material particulars. Children can
give evidence provided they can
understand the questions and give
rational answers. Unchastity of women
does not make her “open to any or every
person to violate her person as and when
he wishes” and entitled for protection –
Section 155(4) therefore should be
deleted.

5. Special procedure to protect and

ensure the privacy of victim of assault –
In camera trials should be encouraged
in the case of rape/sexual assault.
Section 327 – helps shield victims from
publicity during and post trial – anonymity
is important. Child victim needs specially
protected – video conference – a

(15)
Existing Provisions Suggested Amendments by NCW Consequential Amendments Suggested
in other Statutes / Remarks
1 2 3
procedure established by law under
Article 21 of Constitution and does not
violate the rights of accused.

6. All Assistance and legal

representation to be given to the victims
of sexual assault - by the legal and
investigative machinery – legal
representation – same person to look
after complainants’ interest in the police
station to the end of justice.

7. Legal assistance at the Police Station

as the victim would be distressed – police
duty bound to inform victim her right to
representation before any question asked
– if there is no lawyer – list of advocates
at the police station should be provided
– advocate shall be appointed by the
court after application by police at the
earliest – in all rape trials anonymity
must be maintained. A witness
protection programme must be put in
place to support during trial and prevent
the perpetrator from getting to women
and forcing her to withdraw her
complaint.

8. Compensation for the victim -

remedies to victims under general
criminal and civil law – Section 357 of
CPC allows limited compensation to be
recovered by victims of crime in a civil
court – in custodial rape, the state
obligation to protect its citizens and state
to pay compensation to victims of rape.

(16)
Existing Provisions Suggested Amendments by NCW Consequential Amendments Suggested
in other Statutes / Remarks
1 2 3
There is a need for setting up of criminal
injuries compensation board as High
Courts possess powers u/s 482 of CPC
to make any order, to prevent abuse of
process of any court and to secure ends
of any justice – Thus there is a need
for setting up of such a board.

Other suggestions made at the workshop

9. Penetration need not be a

requirement for sexual act and IPC should
also provide for non-penetration abuse
against women such as un-wanted touch.

10. Victim suffers adversely due to

demand of proof of penetration.

11. The punishment for marital rape

has to be enacted so that wife is not
treated as property of husband.

12. Provisions used in Section 354 –

outraging the modesty – is highly
inadequate.

13. The evidence of children victims

or witnesses wherever possible should
be carried out in a more friendly
atmospheres.

14. While referring to the case of rape

of a nurse in Delhi Hospital who lost
her eye and that of Anjani – nurse from
Bombay – who was assaulted during rape
leading to brain damage and is in coma,
it was urged that the policy making body
should decide why the death punishment
be not given in such cases.

(17)
Existing Provisions Suggested Amendments by NCW Consequential Amendments Suggested
in other Statutes / Remarks
1 2 3
15. An NGO member is not being
associated at the time of filing a
complaint case of Rape in Police Station.

16. Although criminal board should be

established in the directive principles of
Article 138 (a), from 1995 till date no
board has worked at all.

17. Investigation are faulty – as in

Mattu Case, Judge said that though be
was convinced he is guilty of rape –
because there is lack of evidence so
acquitted.

18. Police personnel lack training and

awareness to collect samples of semen,
to detect injury and to investigate the
rape.

19. Under the military law punishment

is more severe for outraging the modesty
– i.e. 7 years whereas under the IPC it
is 2 years. Again the military trial takes
place on day to day basis and is fast.
Thus the Provisions under the military
law are more stringent and
implementation more efficient.

(18)
 HINDU MARRIAGE ACT, 1955

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

S. 5 S.5 - One of the conditions specified The tragic victims of this provision of
S.12 (1) (b) in the section for a valid marriage is law are mostly women.
that neither party has been subject to
recurrent attacks of insanity or epilepsy
(Cl. (ii) (c ). - Effect to this provision
read with S. 12 ( 1 ) (b) of the Act is
that a marriage of an epileptic person
becomes voidable and may be annulled
at the option of the petitioner if it is
proved that at the time of marriage
the respondent was epileptic.

It has been observed by psychiatrists

and neurologists that some modern
medical treatment can bring epilepsy
under complete control and also prevent
epileptic seizure in majority of the cases.

Commission reiterated its

recommendations to the Ministry of Law
to consider the feasibility of omitting
the words ‘or epilepsy’ occurring in S.5
(ii) ( c ) of the Act.

(19)
 COMPULSORY REGISTRATION OF MARRIAGE
Existing Provisions
1 2
No statue exists
Proposed Amendments by Government
To introduce a legislation for compulsory
registration of marriages (under
consideration of the Government for
more than 15 years) Bill (of 1978)
received with the reference.
Suggested Amendments by NCW General Suggestions and Remarks
3
The Commission is of the view that for
women registration of marriages is a
critical issue and will help to prevent
child marriages and to ensure minimum
age of marriage; to ensure the
requirement of consent of the bride to
the marriage and to ensure prohibition
against polygamy; - to ensure that prior
wives receive notice of intended
marriage.
The NCW noticed certain lacunae in
the Bill (of 1978).
Further, to achieve the objective of the
Bill, it could be modeled on the
provisions of the Parsee Marriage and
Divorce Act, 1936.
To explore the possibility of amending
the Births, Deaths and Marriages
Registration Act, 1886 in which provision
exists for voluntary registration of all
marriages.
A suitable amendment to the Act along
with a suitable amendment to the Hindu
Marriage Act, 1955 will serve the
purpose.
A pre-requisite is that the existing
machinery for registration of births,
deaths and marriages should be
strengthened (financial implications may
be well within reasonable limits.)
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Existing Provisions
1 2
Ss. 294 and 509 of the Indian Penal
Code. A Bill on the same subject was
earlier introduced and passed by the
Rajya Sabha in 1988.
While pending before the Lok Sabha,
due to dissolution of the Lok Sabha
the Bill lapsed.
Proposed Amendments by Government
A proposal for the enactment of the
Delhi Prohibition of Eve Teasing Bill,
1992 received from the Ministry of
Home Affairs (1992). The proposal
referred to the Commission in 1992
contained the Delhi Eve Teasing Bill
of 1984 (which has been passed by
the Delhi Metropolitan Council for
adoption by Parliament.
EVE TEASING
Suggested Amendments by NCW General Suggestions and Remarks
3
The short title and the enacting formula The lapsed Bill of 1988 was better
have to be suitably amended as the drafted than the Delhi Prohibition of
proposed Bill is being brought forward Eve Teasing Bill of 1984.
in 1993.
Some of the voluntary organizations
In view of the nature of the offence suggested that the expression ‘Eve
contemplated in the proposed Bill, the Teasing’ should be replaced by a more
definition of ‘man’ as suggested in appropriate expression suitable for the
clause 2 (b) of the proposed legislation Indian context.
may be omitted.
Clause 3 of the proposed legislation of
’Eve-teasing’ appears to be only an
amalgam of provisions of sections 294
and 509 of the IPC.
The new legislation does not make any
improvement but on the contrary appear
to have diluted the punishment for the
offence (vide clause 4 of the Bill).
(21)
 THE CHILD MARRIAGE RESTRAINT ACT, 1929

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

The government should immediately

appoint Child Marriage Prevention
Officers. The punishment provided for,
under Section 23, of the Child Marriage
Restraint Act 1929, should be amended
so as to make the punishment more
stringent.

A new provision should be included in

the Act to the effect that any marriage
performed in contravention to the order
made by the Child Marriage Prevention
officer should be void.

A new provision should be included in

the Act for creating a penal obligation
on every person present at a child
marriage for objecting to or advising
the person concerned against such
marriage or reporting to the Child
Marriage Prevention officer, of the
solemnization of child marriage.

Section 7 of the Act should be replaced

by a provision for making all offence
under the Act as cognizable without
any qualifying clause.

(22)
 THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

Section 2, clause (a) should be revised

to broaden the definition of guardian
to include an individual having the care
of the person of a) a minor women,
or b) a women of unsound mind.

In Section 2, clause ( b ) of the Act,

the definition of ‘lunatic’ should be
deleted.

Section 3, clause (2), Explanation 1,

of the Act should be amended to include
offences under sections 376A to 376D
of IPC as within its scope.

Section 3, clause ( 4 ) of the Act should

be revised so as to make it clear that
the consent of the women concerned,
must be obtained in every case.

Section 5, clause ( 2 ) of the Act should

be amended so as to indicate clearly
which particular offence is constituted
if a person who is not a registered
medical practitioner performs abortion.

(23)
 THE INDIAN SUCCESSION ACT, 1925

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

Section 15 : Domicile Acquired by Section 15 and 16 of the Act to be

woman on marriage - By marriage a
woman acquired the domicile of her
husband, if she had not the same
domicile before.
Section 16: Wife’s domicile during
marriage - A wife’s domicile during
her marriage follows the domicile of
her husband. Exception - The wife’s
domicile no longer follows that of her
husband if they are separated by the
sentence of a competent Court, or if
the husband is undergoing a sentence
of transportation.
amended so as to remove the
compulsory linking up of the wife’s
domicile with that of the husband. The
women’s domicile should be left to be
determined by the same rules as
governing the domicile of men.
Where the spouse of the deceased is
one of the applicants, her application
shall not be rejected without sufficient
cause.

Section 22: Settlement of minor’s

property in contemplation of marriage-
1) The property of a minor may be
settled in contemplation of marriage,
provided the settlement is made by
minor with the approbation of the
minor’s father, or, if the father is dead
or absent from India, with the
approbation of the High Court. 2)
Nothing in this section or in section 21
shall apply to any will made or intestacy
occurring before the first day of January,
1866, or to intestate or testamentary
succession to the property of any Hindu,
Muhammadan, Buddhist, Sikh or Jaina.

Section 60: Testamentary guardian -

A father, whatever his age may be, may

(24)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
by will appoint a guardian or guardians
for his child during minority

Section 214: Proof of representative

title a condition precedent to recovery
through the Courts of debts from
debtors of deceased person – 1) No
Court shall – a) pass a decree against a
debtor of a deceased person for
payment of his debt to a person claiming
on succession to be entitled to the effects
of the deceased person or to any part
thereof, or b) proceed, upon an
application of a person claiming to be
so entitled, to execute against such a
debtor a decree or order for the
payment of his debt, except on the
production, by the person so claiming
of - i) a probate or letters of
administration evidencing the grant to
him of administration to the estate of
the deceased, or ii) a certificate granted
under section 31 or section 32 of the
Administrator - General’s Act, 1913 (
3 of 1913), and having the debt
mentioned therein, or iii) a succession
certificate granted under Part X and
having the debt specified therein, or
iv) a certificate granted under the
Succession certificate Act, 1889 ( 7 of
1889), or v) a certificate granted under
Bombay Regulation No. VIII of 1827,
and, if granted after the first day of
May, 1889 having the debt specified
therein. 2) The word debt in sub-section
1) includes any ‘debt’ except rent,

(25)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
revenue or profits payable in respect
of land used for agricultural purposes.

Section 218: To whom administration

may be granted, where deceased is a
Hindu;, Muhammadan, Buddhist, Sikh,
Jaina or exempted person - 1) If the
deceased has died intestate and was a
Hindu;, Mohammadan, Buddhist, Sikh
or Jaina or an exempted person,
administration of his estate may be
granted to any person who, according
to the rules for the distribution of the
estate applicable in the case of such
deceased, would be entitled to the
whole or any part of such deceased’s
estate. 2) When several such person
apply for such administration, it shall
be in the discretion of th Court to grant
it to any one or more of them. 3)
When no such person applies, it may
be granted to a creditor of the deceased.

Section 219: Where deceased is not a

Section 219 Hindu, Muhammadan,
Buddhist, Sikh, Jaina or exempted person
- a)…., b)…., c) If there is no widow,
or if the Court sees cause to exclude
the widow, it shall commit the
administration to the person or persons
who would be beneficially entitled to
the estate according to the rules for
the distribution of an intestate’s estate.
d)………., e)….., f)…….., g)……..

(26)
 THE MINIMUM WAGE ACT, 1948

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

1. New sub-clause in Section 19 (1)

as: ‘No less than 10 % of the persons
appointed as Inspectors under this
section shall be women’.

2. New Section 19A to read as :

‘19A In addition to the Inspectors so
appointed under the Minimum Wages
Act, 1948, the following shall be deemed
to have been appointed Inspectors under
this Act – i) Inspectors appointed under
different labour laws and ii) Sarpanch
of a village’.

(27)
 THE FACTORIES ACT, 1948

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

1. Section 22: Work on or near

machinery in motion – for the words
‘No person below the age of 18 years,
or a pregnant women or a person with
disabilities’ shall be substituted

2. Section 27: Prohibition of

employment of women and children near
cotton openers, the following Section
will be substituted - ‘No person below
the age of 18 years, or a pregnant
women or a person with disabilities’ shall
be employed in any part of a factory
for pressing cotton in which a cotton-
opener is at work.

3. Section 43: Facilities for storing

and drying clothing, the following section
be substituted – ‘The State Government
may, in respect of any factory or class
or description of factories, make rules
requiring the provision therein of suitable
and separate places for male and female
workers to keep clothings not worn
during working hours and to dry the
clothing’.

4. Section 46: Canteens – A Proviso

after clause ( d ) of sub-section ( 2 )
of Section 46 of the Act as follows -
‘Provided that there shall be at least
one women (worker) on the Canteen
Managing Committee’.

5. Amendments in Section 47:

Shelters, rest rooms and lunch rooms

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
– for the words ‘………..adequate and
suitable shelters or rest-rooms and a
suitable lunch room………..’ the words
‘……….adequate, suitable and separate
shelters or rest-rooms for male and
female workers and a suitable lunch room
……’ shall be substituted.

6. Section 48: Creches – To substitute

sub-section ( 1 ) of Section 48 and
clause ( b ) of sub-section 3 of Section
48 of the Act as follows - ‘48 (1) –
In every factory wherein more than 30
workers are ordinarily employed, there
shall be provided and maintained a
suitable room for the use of children
under the age of 6 years of such
workers’. For clause ( b ) of sub-section
( 3 ) of Section 48 the following clause
shall be substituted - ‘48(3)(b)
requiring the provisions in factories to
which the section applies of additional
facilities for the care of such children,
including suitable provisions for facilities
for washing and changing their clothing’.

7. Section 66: Further restrictions on

employment of women – Deletion of
Section 66 of the Factories Act, 1948.

8. Section 87: Substitution of the

exiting clause (b) of Section 87 as
follows – ‘(b) prohibiting or restricting
the employment of persons below the
age of 18 years, or a pregnant women
or a person with disabilities in the
manufacturing process or operation.’

(29)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
9. Section 105: Existing sub-section
(1) of Section 105 to be substituted as
– ‘The Court shall take cognizance of
an offence under this Act on a complaint
made by an inspector or NGO or a trade
union or a worker’s representative or
an individual worker’.

10. Section 108: After sub-section

(3) the following sub-section (4) to
Section 108 shall be inserted as –
‘Without prejudice to the provisions of
sub-section (1), every factory shall set
up an information center for women
workers, which shall provide them with
information regarding the protective
measures under the Act and the rules
made thereunder’.

(30)
 THE GUARDIANS AND WARDS ACT, 1890
Existing Provisions
1 2
Section 10 - Form of application: 1)
If the application is not made by the
Collector, it shall be by petition signed
and verified in manner prescribed by
the Code of Civil Procedure (1882) for
the signing and verification of a plain,
and stating, so far as can be
ascertained- a) the name, sex, religion,
date of birth and ordinary residence of
the minor; b) where the minor is a
female, whether she is married, and, if
so, the name and age of her husband.
Section 19 - Guardian not to be
appointed by the Court in certain cases:
Nothing in this Chapter shall authorize
the Court to appoint or declare a
guardian of the property of a minor
whose property is under the
superintendence of a Court of Wards,
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 Ward competent to appoint a
guardian of the person of the minor.
Section 21: Capacity of minors to act as
guardians - A minor is incompetent
Suggested Amendments by NCW General Suggestions and Remarks
3
1. Section 10: Form of application –
Clause ( b ) of Section 10 ( 1 ) be
amended as follows – ‘Whether the
minor is married and, if so, the name,
religion, date of birth and ordinary
residence of the spouse’.
2. Section 19: Guardian not to be
appointed by the Court in certain Cases
– Section 19(a) of the Act provides that
nothing in this Chapter shall authorise
Court 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, fit to
be guardian of her person, or b) of a
minor whose father is living and is not,
in the opinion of the court, fit to be
guardian of the person of the minor.
To make i) Section 19(a) applicable to
both females and males and ii) to bring
the living mother or father within the
purview of Section 19 (b) the following
amendments were suggested – ‘a) of a
minor who is a married person and whose
spouse is, in the opinion of the Court,
unfit to be a guardian of the minor’s
person or b) of a minor whose mother
or father is living and is, in the opinion
of the Court, unfit to be guardian of
the person of the minor’.
3. Section 21: Capacity of minors
to act as guardians – Substitution of
existing Section 21 as follows – ‘A minor
(31)
 Existing Provisions
1 2
to act as guardian of any minor except
his own wife or child or, where he is
the managing member of an undivided
Hindu family, the wife or child of another
minor member of that family.
Section 41: Cessation of authority of
guardian - 1) the powers of a guardian
of the person cease - a) by his death,
removal or discharge; b) by the Court
of Wards assuming superintendence of
the person of the ward; c) by the ward
ceasing to be a minor; d) in the case
of a female ward, by her marriage to
a husband who is not unfit to be
guardian of her person or, if the
guardian was appointed or declared by
the Court, by her marriage to a husband
who is not, in the opinion of the court,
so unfit; or e) in the case of a ward
whose father was unfit to be a guardian
of the person of the ward by the father
ceasing to be so or, if the father was
deemed by the Court, to be so unfit,
by his ceasing to be so in the opinion
of the Court.
Suggested Amendment by NCW General Suggestions and Remarks
3
is incompetent to act as guardian of
any minor a) except his/her spouse or
child; or b) where he/she is the managing
member of an Undivided Hindu Family,
the spouse or child of another minor
member of that family’.
4. Section 41: Cessation of authority
of guardian – Section 41(1)(a) provides
that ‘The powers of a guardian of the
persons cease – a) by his death, removal
or discharge;, b)in the case of a female
ward by her marriage to a husband who
is not unfit to be guardian of her person,
or if the guardian was appointed or
declared by the court, by the marriage
to a husband who is not, in the opinion
of the Court so unfit; for to extend the
provisions of this section to females
also following amendments in ( i )
Section 41 (1)(a) and 41(1)(d) were
suggested – ‘41(1)(a) – by death,
removal or discharge, ii) 41(1)(d) – ‘i)
by the marriage of the ward to an
individual who is fit to be guardian of
the person of the ward or; ii) if the
guardian was appointed or declared by
the Court, by the marriage of the ward
to an individual who is, in the opinion
of the Court, so fit’. Section 41(1)(e)
provides that ‘powers of a guardian of
the person cease in the case of a ward
whose father was unfit to be a guardian
of the person of the ward by the father
ceasing to be so or, if the father was
deemed by the Court, to be so unfit,
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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
by his ceasing to be so in the opinion
of the court. To widen the scope of
clause (e) of Section 41, Sub-section
(1) the following amendment was
suggested – ‘41(1)(e) – i) In the case
of a ward whose mother or father was
unfit to be a guardian of the person of
the ward, by the mother or father ceasing
to be so, or ii) if the mother or father
was deemed by the Court to be so unfit,
by his or her ceasing to be so in the
opinion of the Court’.

(33)
 THE HINDU ADOPTION AND MAINTENANCE ACT, 1956
Existing Provisions
1 2
Section 7: Capacity of a male Hindu to
take in adoption - – ‘any male Hindu
who is of sound mind and is not a minor
has the capacity to take a son or a
daughter in adoption provided that, if
he has a wife living, he shall not adopt
except with the consent of his wife
unless the wife has completely and
finally renounced that world, or has
ceased to b a Hindu, or has been
declared by a court of competent
jurisdiction to be of unsound mind.
Explanation - If a person has more
than one wife living at the time of
adoption, the consent of all the wives
is necessary unless the consent of any
one of them is unnecessary for any of
the reasons specififed in the preceding
proviso.
Section 8: - Capacity of a female Hindu
to take in adoption - Any female
Hindu - a) who is of sound mind, b)
who is not aminor, and c)who is not
married, or if married, whose husband
is dead or has completely and finally
renounced the world or has ceased to
be a Hindu or has been declared by a
Court of competent jurisdiction to be
of unsound mind, has the capacity to
take a son or daughter in adoption.
Section 14: Determination of adoptive
mother in certain cases - 1) Where a
Amendments proposed by NCW
Section 7: Capacity of a Hindu to take
in adoption - ‘Any person who is a
Hindu of sound mind and not a minor
has the capacity to take a son or a
daughter in adoption’: - ‘Provided that,
if he/she has a spouse living, he/she
shall not adopt except with the consent
of his/her spouse unless the spouse has
completely and finally renounced the
world or has ceased to be a Hindu or
has been declared by a court of
competent jurisdiction to be of un sound
mind’. (A female Hindu who is married
and whose husband becomes
incapacitated and if she chooses not to
re-marry, she would remain a member
of her husband’s family. If she desired
to make an adoption, the adopted child
must be related to the husband of the
female making the adoption.’ The
Explanation of this section shall be
deleted.
Section 8: Capacity of a female Hindu
to take in adoption - This section
shall be deleted.
Section 14: Determination of Adoptive
mother/Father in certain cases - 1) Where
a Hindu who has a spouse living adopts
a child, she/he shall be deemed to be
the adoptive mother/father. Sub-section
2) of Section 14 shall be deleted. For
sub-section 3) of Section - The word
(34)
Justification / Remarks
3
Section 7: Capacity of a Hindu to take
in adoption – These changes would
ensure a safer home for the child to be
adopted. A female Hindu who is married
and whose husband becomes
incapacitated, if chooses, not to remarry,
she would remain a member of the family
of her husband. If she desires to make
an adoption the adopted child must be
ensured full relationship in the family
of his adoption and such a child must
be related to the husband of the female
making the adoption. This would be in
consonance to the words and sprit of
the Act.
As practice of bigamy is prohibited under
the Hindu Marriage Act, hence this
section has no meaning in present
situation
Section 8: Capacity of a female Hindu
to take in adoption - While a Hindu
husband can adopt a child to himself
and to his wife, if the latter has
consented, a Hindu wife cannot adopt
to herself but the adoption must be by
the husband alone and her only role is
to give or decline a consent. To make
the father alone entitled to adopt without
any such similar right to and in favour
of the mother cannot satisfy the
requirements of article 14 and 15 of
the Constitution. Whosoever would adopt,
 Existing Provisions
1 2
Hindu who has a wife living adopts a
child, she shall be deemed to be the
adoptive mother. 2) Where an adoption
has been made with the consent of more
than one wife, the senior most in
marriage among them shall be deemed
to be the adoptive mother and the others
to be step-mothers. 3) Where a widower
or a bachelor adopts a child, any, wife
whom he subsequently marries shall be
deemed to be the step-mother of the
adopted child.
Section 18: Maintenance of Wife -
1)……., 2)…….., 3) A Hindu wife, shall
not be entitled to separate resident and
maintenance from her husband if she
is unchaste or ceases to be a Hindu by
conversion to another religion.
Amendment proposed by NCW
‘mother’ should be substituted for the
word ‘step-mother’. For sub-section 4
of section 14, the word ‘father’ should
be substituted for the word ‘step-father’.
Section 18: Maintenance of Wife:
1)……., 2)…….., 3) In sub-secjtion 3)
of section 18 the words ‘is unchaste or’
shall be deleted.
(35)
Justification / Remarks
3
the father or the mother the other would
become the adoptive father or the
adoptive mother as the case may be,
and the adopted child shall stand
transplanted as the child of and in the
adoptive family for all purposes, as
provided in section 12 of the Act.
Amendment to Section 7 will satisfy the
requirement and consequently this
section will not have meaning.
Section 14: Determination of Adoptive
mother/Father in certain cases - When
an adoption is made by an unmarried
or widow Hindu female or a male Hindu
bachelor or a widower the Act provides
that the husband with whom such a
female marries shall be deemed to be
the step father of the child adopted
before marriage, likewise male who is
bachelor or widower after making an
adoption marries, his wife shall be
deemed to be the step mother of the
adopted child. Sub-section 2) of section
14 - This provision is valid only in the
case of polygamy which is already
prohibited under the Hindu Law. Sub-
section 3) of section 14 - These
provisions are onerous and they are not
in the interest of the adopted child
because the adopted child if adopted
by a female will not have paternal
relations and the adopted child of a single
male shall not have material relations.
Sub-section 4 of section 14 - That the
adopted children may have full
Existing Provisions Amendment proposed by NCW Justification / Remarks
1 2 3
relationships on the marriage of the
adopters, in the paternal and the
maternal lines.

Section 18: Maintenance of Wife:

1)……., 2)…….., 3) Conversion should
not be the criteria to deprive a woman
from her rights. Depriving a Hindu wife
of her right for separate residence and
maintenance solely on the ground of
her ceasing to be Hindu as provided in
section 18 ( 3 ) of the Act is equally
unreasonable and violative of the
provision of the Constitution (Article 15).
Note - In order to minimize the hardship
caused by non-payment of maintenance,
and to ensure certainty of payment, it
has been recommended that ‘all
maintenance orders should be deducted
at the source by employer (as done in
the case of income-tax). Whether it is
not possible to deduct at source as in
the case of a business man or self-
employed person, the arrears of
maintenance should re recovered as
arrears of the land revenue or by distress’

(36)
THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION
OF MISUSE) ACT, 1994
Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks
1 2 3

1. All the clinics conducting

ultrasound investigation must be
registered.

2. Law should provide imprisonment

and fine for doctors conducting sex
determination tests in violation of the
Act.

3. Advisory and Supervisory Bodies

should be set up. NCW should be
represented in the Central Appropriate
Authority and Supervisory Body.

4. Issues relating to Pre-Natal

Diagnostic Techniques should be taken
up by State Women’s Commission and
State Human Right Commissions.

5. The Act should be widely

advertised in simple language, to reach
people at large.

6. Advertisement of availability of sex

determination facilities is banned by
law. Violators should be punished.

Recommendations made in the National

Workshop on Laws concerning Crime
against Women- Strategies and
Amendments(Part-I held on 1.2.2004)

1. Laws dealing with female

infanticide and female foeticide by using
sex selection techniques primarily deal
with social problems and while dealing

(37)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
with such laws one should not forget
the social and economic realities and
we must pay our attention to correcting
social attitudes while working towards
empowerment of women.

2. A comprehensive over view was

given by a Gynecologist participant of
medical uses of the techniques covered
by the Act for carrying out ways of
sex-selection – ultrasonography,
foetoscopy, samples of amniotic fluid,
chorine vili, emberoyo, blood – PNDT
test – test of any of the above. It was
urged that a qualified medical
professional will never be a party to
such a crime and are bound to use
there techniques for the benefit of
human kind.

3. It was lamented that inadequate

attention was given to unqualified
quacks who are mainly responsible for
such misdoings as sex selection for
which the medical profession as a whole
gets the bad name.

4. There was need for effective

machinery for monitoring the use of
deployment of the machines for ensuring
that only qualified medical practitioners
are allowed to use and deploy the same
which would by itself ensure that the
misuse of sex selection techniques is
reduced to the minimum level.

5. A point was also made that the

PNDT Act does not take into account

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
the important role of sonography in
detection of diseases.

Observations

1. Preference in male child emanates

from various factors that are responsible
for declining trend in sex ration – viz
dowry practice, traditional role of women
as mere housekeepers, absence of
education of girl child, lack of economic
independence of women.

2. The growth of techniques such as

ultrasonography etc facilitated the
adverse trend in social structure of the
country with the incidents of female
infanticide and female foeticide
flourishing with these developments.

3. More and more people have been

resorting to pre-natal sex techniques
and taking the recourse to abortion on
identification of female foetus and with
this, along with anti-natal deaths,
prenatal deaths have also become
possible.

4. The trend is not merely in lower

strata but more so among middle and
upper class who have greater access
to such technology.

5. The ratio between the female

and male is still declining in spite of
urbanization and rise in literacy.

6. Under façade of “In vitro fertility

clinics” sex selection of the unborn child

(39)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
even before conception is being offered
to evade registration of clinics under
the PNDT Act.

7. The first ladder to the crime of

sex “identification and revelation” are
the radiologist/sonologist who are
subsequently abetted by the abortionists
in the Commission of the Crime. Role
of ultrasound centers is highlighted for
aiding in sex selection.

8. The practice of female infanticide

prevailing for long due to incorrect and
wrong social attitudes

9. The decline in female sex ratio

and misuse of pre-natal techniques are
linked with each other.

10. The laws are most stringent ones

but what one lacks is their proper
implementation and enforcement.

(40)
 THE HINDU SUCCESSION ACT, 1956
Existing Provisions
1 2
Section 3 (1) (j) - ‘related’ means
related by legitimate kinship - Provided
that illegitimate children shall be
deemed to be related to their mother
and to one another, and their legitimate
descendants shall be deemed to be
related to them and to one another,
and any word expressing relationship
or denoting a relative shall be construed
accordingly.
Section 3 ( 2) : In this Act, unless the
context otherwise requires, words
importing the masculine gender shall
not be taken to include females.
Section 4 ( 2 ): For the removal of
doubts it is hereby declared that nothing
contained in this Act shall be deemed
to affect the provisions of any law for
the time being in force providing for
the prevention of fragmentation of
agricultural holdings or for the fixation
of ceiling or for the devolution of
tenancy rights in respect of such
holdings.
Section 6: Devolution of interest of
Coparcenary property: When a male
Hindu dies after the commencement of
this Act, having at the time of his death
an interest in a Mitakshara coparcenary
property, his interest in the property
shall devolve by survivorship upon the
surviving members of the coparcenary
Suggested Amendments by NCW General Suggestions and Remarks
3
1. Proviso under Section 3 (1)(j) –
‘related’ means related by legitimate
kinship with the following – ‘Provided
that illegitimate children whose paternity
is known or has been established shall
be deemed to be related to their mother
and father, and their legitimate
descendants shall be deemed to be
related to them, and any word
expressing relationship or denoting a
relative shall be construed accordingly’.
2. Section 3 ( 2 ) which gives primacy
to a male and expressly excludes the
female, should be deleted.
3. tarwad, tavazhi, illom, Kutumba
or kavaru: Over-riding effect of Act –
Section 4 ( 2 ) of the Act should be
deleted.
Section 6: Devolution of interest of
coparcenary property should be
amended as follows: ‘a) In a joint
Hindu family governed by Mitakshara
law, the daughter of a coparcener shall
be by birth become coparcener in her
own right in the same manner as the
son and have the same rights in the
coparcenary property as she would have
had if she had been a son inclusive of
the right subjected to the same liabilities
and disabilities in respect thereto as
the son; b) At a partition in such a
Joint Hindu family the co-parcenary
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 Existing Provisions
1 2
and not in accordance with this Act.
Provided that, if the deceased has left
surviving a female relative specified in
class I of the Schedule or a male relative
specified in that class who claims through
such female relative, the interest of the
deceased in the Mitakshara, coparcenary
property shall devolve by testamentary
or intstate succession, as the case may
be, under this Act and not by
survivorship.
Section 8: General Rules of Succession
in the case of Males - The property of
a male Hindu dying intestate shall
desolve according to the provisions of
this Chapter - a) First, upon the heirs,
being the relatives specified in class I
of the schedule; b)Secondly, if there
is no heir of class I, then upon the
heirs, being relatives specified in Class
II of the schedule. C) Thirdly, if there
is no heir of any of the two classes,
then upon the agnates of the deceased;
and d) Lastly, if there is no agnate,
then upon the cognates of the deceased.
Section 15: General Rules of succession
in the case of female Hindus: 1) The
property of a female Hindu dying
intestate shall devolve - 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)
Suggested Amendment by NCW General Suggestions and Remarks
3
property shall be so divided as to allot
to each child the same share. Provided
that the Share which a predeceased
child would have got at the partition if
he or she had been alive at the time of
the partition, shall be allotted to the
surviving child of such predeceased
child; Provided further that the share
allotable to the predeceased child of a
predeceased son or of a predeceased
daughter, if such child had been alive
at the time of the partition, shall be
allotted to the child of such predeceased
child of the predeceased son or of such
predeceased daughter, as the case may
be; c) any property to which a female
Hindu becomes entitled by virtue of the
provisions of clause (a) shall be held
by her with the incidents of coparcenary
ownership and shall be regarded,
notwithstanding anything contained in
this Act, or any other law for the time
being in force, as property capable of
being disposed of by her by will or other
testamentary disposition.
To ensure that the degrees of descent
in representation in the case of males
and females remain equal, the NCW
recommended that Section 8 of the Act
be amended as follows:
‘Section 8: General rules of succession
- The property of a Hindu dying
intestate shall desolve according to the
provision of this chapter – a) Firstly,
upon the heirs, being the relatives
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 Existing Provisions
1 2
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
other heirs referred to in sub-section
1) in the order specified therein but
upon the heirs of the father.
Section 23: Special Provision respecting
dwelling houses: Where a Hindu
intestate has left surviving his or her
both male and female heirs specified
in class I of the schedule and his or
her property includes a dwelling house
wholly occupied by members of his or
her family, then, notwithstanding
anything contained in this Act, the right
of any such female heir to claim partition
of the dwelling house shall not arise
until the male heirs choose to divide
their respective shares therein; but the
female heir shall be entitled to a right
to residence therein. Provided that
where such female heir is a daughter,
she shall be entitled to a right of
residence in the dwelling house only if
she is unmarried or has been deserted
by or has separate from her husband
or is a widow.
Section 30: Testamentary Succession -
Any Hindu may dispose of by will or
Suggested Amendment by NCW General Suggestions and Remarks
3
specified in Class I of the schedule; b)
Secondly, if there is no heir of class I,
then upon the heirs, being the relatives
specified in Class II of the schedule; c)
Thirdly, if there is no heir of any of the
two classes, then upon the agnates of
the deceased; and d) Lastly, if there is
no agnate, then upon the cognates of
the deceased’.
Section 15: General Rules of Succession
in the case of Female Hindus - Section
15 of the act should be deleted.
Section 23: Special provision respecting
dwelling houses – ‘ where a Hindu
intestate has left surviving his or her
heirs specififed in Class I of the schedule
and his, or her property includes a
dwelling house wholly occupied by
Members of his or her family, then,
notwithstanding anything contained in
this Act, the rights of any such heir to
claim partition of the dwelling house
shall not arise unitl widowed mother’s
rights (in case the deceased is a male
intestate) have been settled.
Section 30: Testamentary succession -
‘Any Hindu may dispose of by will or
other testamentary disposition any
property, which is capable of being so
disposed of by him, in accordance with
the provisions of the Indian Succession
Atc, 1925 or any other law for the time
being in force and applicable to Hindus
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 Existing Provisions
1 2
other testamentary disposition any
property, which is capable of being to
disposed of by him, in accordance with
the provisions of the Indian Succession
Act, 1925 or any other law for the time
being in force and applicable to Hindus.
Explanation – The interest of a male
in a Mitkshara caparcenary property
or the interest of a member of a tarwad,
tavazhi, illom, Kutumba or kavaru in
the property of the tarwad, tavazhi,
illom, Kutumba or kavaru shall
notwithstanding anything contained in
this Act or in any other law for the
time being in force, be deemed to be
property capable of being disposed of
by him or by her within the meaning of
this (section).
Suggested Amendment by NCW General Suggestions and Remarks
3
proved that bequests beyond one half
of the property shall be void.
Explanation: The interest of a male
in a Mitakshara caparcenary property
or the interest of a Member of a tarwad,
tavazhi, illom, Kutumba or Karvaru in
the porpoerty of the tarwad, tavashi,
illom, kutumba or kavaru shall
notwithstanding anything contained in
this Act or in any other law for the
time being in force, be deemed to be
property capable of being disposed of
by him or by her within the meaning of
this section.
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 THE CHRISTIAN MARRIAGE BILL, 2000
Existing Provisions
1 2
1. To substitute the definition of
‘Desertion’ given in Section 2 of the
proposed Government Draft.
2. To substitute the ‘ground of nullity’
of marriage given in Section 24 (1)(b)
of Act.
3. Section 38 : Adulterer or
adulteress to be correspondent to be
substituted.
Suggested Amendments by NCW General Suggestions and Remarks
3
1. Section 2: - ‘Desertion means the
withdrawal from cohabitation with the
petitioner of other party to the marriage
without reasonable cause and without
the consent or against the will of such
party and included the willful neglect
of the petitioner by the other party to
the marriage’.
2. Section 24 (1)(b): ‘That the
respondent was important at the time
of the marriage and at the time of the
institution of the suit.’
3. To add the following provision
as one of the grounds for nullity of
marriage – ‘that one of the spouses has
been proved on medical examination
to be suffering from any incurable
genetic disorders inhibiting the
consummation of the marriage’.
4. Delete the entire Section 40 which
provides for decree nisi for divorce.
However, the following consequential
manedments would need to be made:
In Section 31 – Remarriage of divorced
persons i) ‘ The word has been made
absolute under Section 40 or a decree
of divorce has been passed under
Section 21’ should be deleted and would
read as ‘ Where a decree of divorce
has been passed and the leave for
appealing ………….’, ii) In Section 28
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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
– ‘ No petition for divorce to be
presented within one year of marriage
– ‘ the word ‘nisi’ shall be deleted and
Section 28 would read as
…………’Provided………but any such
leave may, in the interest of justice be
revoked by the court any time before a
decree of divorce is passed and where
the leave is………

Section 42: Maintenance pendente lite

and expenses of proceedings and
Section 43: Permanent alimony and
maintenance. ‘The Commission
reiterated its earlier suggestions in
respect of Section 125 of Cr. P.C.

The Commission reserves its comments

on Section 44: Disposal of property –
at it would like to examine it in terms
of the provisions in the laws in force in
Goa. As provision for properties
acquired by wife or husband after decree
of judicial separation was not available
in Government Draft, the following
provisions may be incorporated -
‘Properties acquired by the wife or
husband after decree of judicial
separation - ‘i) In every case of judicial
separation under this Act, the wife/
husband shall from the date of the
judgement and while the separation
continues be considered as unmarried
with respect to property of every
description which she / he may acquire
or which may come to or devolve upon
her/him; ii) Such property may be

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
disposed by her/him in all respect as
an unmarried women/man and on her/
his demise the same shall in case she/
he dies, intestate, go as the same would
have gone if her/his husband/wife had
been the dead. Provided that if any
such wife/husband again cohabits with
his/her wife/husband, all such property
as she / he may be entitled to when
such cohabitation takes place shall be
held to agreement in writing made
between the parties while separate.

Section 38: The provision of ‘Adulterer

or adulteress to be substituted as follows
- On a petition for divorce or judicial
separation presented on the ground of
adultery, the petitioner shall make the
alleged adulterer or adulteress a co-
respondent, unless the petitioner is
excused by the court from so doing on
any of the following grounds viz., a)
that the respondent is living in adultery
and that the petitioner knows of no
person with whom the adultery has been
committed; ii) that the name of alleged
adulterer or adulteress is unknown to
the petitioner although the petitioner
has made due efforts to discover it;,
iii)that the alleged adulterer or
adulteress is dead; iv) any other ground
which the Court may regard to be
sufficient in the circumstances of the case.
Explanation: The provisions of sub-
section (1) shall so far as may apply in
relation to the answer of respondent

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3

praying for divorce or judicial separation

on the ground of adultery, as they apply
in relation to petition for divorce or
judicial separation presented on that
ground.

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 THE IMMORAL TRAFFIC PREVENTION ACT, 1956

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

1. The word ‘person’ used in the Act

for the purpose of punishment, should
be substituted with the words ‘man and
woman’ because the women in
prostitution only are punished and the
man who play an important role in he
process goes without punishment.

2. In place of the words ‘commercial

sex worker’ the word ‘prostitute’ should
continue to be sued.

3. The names of the women in red-

light areas should be included in the
voters’ list.

4. A group insurance scheme should

be introduced for the women in red
light areas.

5. There should be a provision in

the Act to distinguish the girls who are
thrown forcibly into the prostitution
through an act of rape and intimidation
and the punishment should be made
more stringent for the person
responsible. Very often such girls are
rescued only after their prolonged stay
in the brothels and it is not possible to
point out who was the first client
although the first client is invariably
committing rape on her. In case of
such girls, the Brother owner, pimps
and touts should be charged as abettors
and onus of the proof should be on

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
them that they have not abetted/forced
the girl/woman to enter into prostitution
through the act of rape.

The law enforcement machinery should

also be made more effective to save
those girls in time who are likely to be
forced into prostitution.

6. As per the recent figures of crimes

recorded by Delhi Police, of all the
persons arrested under different
provision of the Act nearly 85 to 95 %
accused were women. This clearly brings
out the fact that the present law is not
very effective in stopping prostitution
because the men involved in promoting
prostitution are mostly not considered
guilty. It is especially surprising to note
that there are many more women
arrested for being pimps and touts.

7. It is also necessary to bring out

suitable amendment in the Act to punish
the customer who visits the red light
areas for having sex at a commercial
price.

8. Provision should be made to

provide Free Education to the women
in prostitution under various non-formal/
adult education scheme.

9. Schemes for vocational training

should be available to the women in
prostitution so that they can earn their
livelihood by other means if they decide
to come out of the flesh trade.

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
10. There should be a specific
provision that police personnel/related
department should render help and
support to the NGOs and communities
who are working for the welfare of the
women in prostitution.

Recommendations made in the National

Workshop on Laws concerning Crime
against Women- Strategies and
Amendments(Part-I held on 1.2.2004)

Recommendations on ITP Act has

already been forwarded to the
Government (Annexure-III). The
Commission is of the view that touts,
agents and customers should be
penalized instead of the victim. There
is a need to amend Section 8 of the
Act. Further, there is also a need for
rehabilitating the victim. However, some
of the recommendations/observations
made in the National Workshop on Laws
concerning Crime Against Women –
Strategies and Amendment jointly
organized by the NCW and the Bar
Council of India on 1.2.2004 are as
under:-

Recommendations

1. The police should seal the brothels

and prosecute every body who is
involved in this conduct and rescue
the victims and rehabilitate them.

2. Predominant cases are filed –

u/s 8 ITPA Act 1956 for seducing

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
and soliciting for prostitution as
compared to other relevant
sections pertaining to brothel
keeping, procuring, inducing,
detaining and living on the
earnings of prostitution which
would attract conviction with a
fine and imprisonment for the
accused. Section 8 should be
amended.

3. There is a need for effective inter-

country and inter-state
investigative mechanism.

4. There should be a constructive

involvement of the NGOs. The
NGOs should come forward to
take benefit of the legal provisions
which give them a locus standee
after being notified as an advisory
body by the State Governments.

5. There should be a better training

and sensitization of the police
force.

Observations

1. I.T.P.A. needs to be re-examined

in the light of the UN Convention
on Trafficking as also in the light
of the SAARC Convention.

2. In the I.T.P.A. the punishments are

grossly inadequate and the law
also does not cover border or cross
state trafficking.

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
3. I.T.P.A. also does not provide for
investigation of organized chain
of traffickers who may be in
different States and Countries, the
provisions for rescue of victims
are weak and provisions for
rehabilitation are weaker still.

4. There should be certainty of

punishment.

5. Most of the victims come from

other countries. Therefore, the
I.T.P.A. should have an intra-
countries and intra-state aspect.

6. The following shortcomings were

observed in the I.T.P.A.-

a) I.T.P.A. does not define

trafficking to distinguish
child from a minor.

b) I.T.P.A. does not make

prostitution illegal directly.

c) I.T.P.A. gives power to

magistrate for removal of
prostitute from any place.

d) I.T.P.A. provides lesser

punishment for men.

e) I.T.P.A. does not make

provision for rehabilitation
for a victim and children are
taken to Juvenile Justice
Board and not to Child
Welfare Committee.

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3

7. The Act does not draw upon other

statutes like IPC (which would
make the offence non-bailable
more serious and ensuring severe
punishment.Trial should be more
wholesome and targeted towards
prosecuting the people involved
at every stage. A more practical
law is required to be brought into
force to focus on protection of
the victim and eradication of the
problem of commercial sexual
exploitation. There is a very
limited use of IPC dealing with
rape, kidnapping, abduction,
buying and selling of minor etc.

8. Prosecution under I.T.P.A. is

superficial as the only person
prosecuted besides victim are the
women who run the brothels and
all other important elements in
this network like pimps, touts,
middlemen and primary traffickers
are not even touched by the
prosecution.

9. The traditional method of only

earmarked brothels is changed
and the traffickers are resorting
to modern and discreet methods
which include bars, friendship
centers etc.

10. If the victim is young girl below

18 years, when rescued she should
be treated as a victim of the crime

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
and produced before a child
welfare committee as a child in
need of protection.

11. Criminal Justice System has to

change from its present approach
of the offender alone to a system
where over all justice is rendered
to victims and prosecutors and
judges should also be introduced
to modern developments in the
conduct of trials. Victims should
get a right to participate in the
trial with the same right as of
accused.

12. Custody of victims should not

be routinely given to any body
claiming to be parent of the victim
without application of mind.

13. There are no facilities for

counseling of inmates in State
Homes. Rehabilitation is very
limited with no basic literacy
facilities.

14. Article 23 of the Constitution

prohibits trafficking but the term
is not defind in detail. Other
articles of the Constitution that
deal with equality, human dignity,
right to life and trafficking should
be applied when it comes to the
right of women.

15. I.T.P.A. has lot of shortcomings

and loop holes and problems in

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
implementation which require
wholesale amendments and
improvements.

16. We can not control the prostitution

by punishing the prostitute. Our
emphasis should be on
rehabilitation aspect of the
prostitute so as to bring the
prostitutes in the mainstream.

17. Trafficking is a much wider

concept and encompasses
everything from forced labour or
forced entertainment industry and
as such, the law should take into
account all these forms of
trafficking. The present law lacks
of conceptual realities.

18. We must look into the link between

the free trade, free market and
the global economy which has
made trafficking much more
lucrative. Prostitution thrives and
in fact is encouraged in the so-
called global tax heavens.

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 THE NATIONAL COMMISSION FOR WOMEN ACT, 1990

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

1. The Commission for Women

(Amendment) Bill, 2000 - the following
amendments were proposed.

Section 1: Short tile, extent and

commencement - ‘ It extends to the
whole of India’.

Explanation: ‘Provided that it shall apply

to the State of Jammu & Kashmir only
in so far as it pertains to the matters
relatable to any of the entries
enumerated in List I or List III in the
Seventh Schedule to the Constitution
as applicable to that State. Provided
further that it shall come into force in
the State of J & K on such date as the
Central Government may, by notification
in the Official Gazette.

Section 2: Definitions – For Clause (a)

the following clauses shall be
substituted–

i) ‘Chairperson’ means the

Chairperson of the Commission.

ii) ‘Commission’ means the National

Commission for Women constituted under
Section 3.

iii) ‘Commissioner’ means the

Commissioner for Women’s Rights
appointed under Section 4 A who shall
be the investigating authority in respect
of the complaints filed before the
Commission and includes Deputy and/

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
or Assistant Commissioner appointed
under that Section.

Section 3: Constitution of the National

Commission for Women – Sub-section
2, clause ( c ) - in the opening portion,
after the words ‘the Central
Government’ the words ‘ in consultation
with the Chairperson’ shall be inserted.
In sub-section 3, another clause (g) shall
be inserted viz; ‘engages during her/
his term of office in any paid
employment outside the duties of her/
his office’.

Insertion of mew Section 4 A -

Appointment of Commissioner etc – the
following section shall be inserted:

i) The Central Government may, by

notification in the Official Gazette,
appoint a Commissioner for Women’s
Rights and as many Deputy and / o r
Assistant Commissioners for Women’s
Rights as it may think fit to appoint.

ii) Every persons appointed under

sub-section ( 1 ) as Commissioner and
every Deputy or Assistant Commissioner
shall exercise her/his powers and
discharge her/his functions, subject to
the general – superintendence, direction
and control of the Commission.

iii) The Central Government may, by

rules, make provision for the terms and
conditions of service of the
commissioner, Deputy or Assistant
Commissioners.

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
Section 5: Officers and other employees
of the Commission - For Sub-section
(1) the following sub-section shall be
substituted: ‘Subject to such rules as
may be made by the Central Government
in this behalf, the Commission may
appoint such officers and other
employees as it may consider necessary.’

Section 10: Function of the Commission

– In Sub-section (1) – i) in clause ( e
) the words ‘and make recommendations
and/or take appropriate measures for
the effective implementation of those
provisions’ shall be added at the end,
ii) after clause (f) the following clause
shall be inserted, viz ‘ (ff) Intervene in
any proceedings involving any allegation
of violation of the rights of women or
of the safeguards provided for women
under the Constitution or any other law
for the time being in force pending
before a court with the approval of such
court’.

Sub Section 2 of Section 10: The

following sub-section shall be substituted
– i) ‘the Commission shall submit an
annual report to the Central Government
and may at any time submit special
reports on any matter which, in its
opinion, if of such urgency or importance
that it should not be deferred till
submission of the annual report; ii) The
Central Government shall within 3
months, cause the annual and special
reports of the Commission to be laid
before each House of Parliament along
with a memorandum of action taken

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
or proposed to be taken on the
recommendations of the Commission
and the reasons for non-acceptance of
the recommendations, if any.

Sub-section 4 : the following sub-section

shall be substituted - ‘The Commission
shall, while investigating any matter
referred to in sub-section (1), or
inquiring into any complaints under this
Act, have all the powers of a Civil Court
trying a suit under the code of Civil
Procedure, 1908 (5 of 1908), and in
particular in respect of the following
matter, - a) summoning and enforcing
the attendance of witnesses any person
of India and examining them on oath,
ii) discovery and inspection, c) receiving
evidence on affidavits, d) requisitioning
any public record or copy thereof from
any court or office, e) issuing
commissions and f) impounding of
documents and retaining in custody for
a specified period.

Insertion of new Sub-sections (5), (6),

(7), (8) and (9) – after Sub-section 4
of Section 10 the following sub-section
shall be inserted – Sub-section 5: The
Commission shall have power to require
any person, subject to any privilege
which may be claimed by that person
under any law for the time being in
force, to furnish information on such
points or matters as, in the opinion of
the Commission, may be useful for, or
relevant to, the subject matter of the
inquiry and any person so required shall

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
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be deemed to be legally bound to furnish
such information within the meaning
of Section 176 and Section 177 of the
Indian Penal Code. Sub-section 6: The
Commission or any other officer,
specially authorized in this behalf by
the Commission may enter any building
or place where the Commission has
reason to believe that any document
relating to the subject matter of the
inquiry may be found, and may seize
any such document or take extracts or
copies there from subject to the
provisions of Section 100 of the Code
of Criminal Procedure, 1973, in so far
as it may be applicable. Sub-section
7: The Commission shall be deemed
to be a civil court for the purposes of
any offence as is described in Section
175, Section 178, Section 179, Section
180 or Section 228 of the Indian Penal
Code and if any offence is committed
in the view or presence of the
Commission, the Commission may, after
recording the facts constituting the
offence and the statement of the
accused as provided for in the Code of
Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction
to try the same. Sub-section 8: Every
proceeding before the Commission shall
be deemed to be a judicial proceeding
within the meaning of Section 193 and
228, and for the purposes of section
196, of the Indian Penal Code (45 of
1860) and the Commission shall be
deemed to be a Civil court for all the

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
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purposes of Section 195 and Chapter
XSVI of the Code of Criminal Procedure
1973 and the Commission may, after
recording the facts constituting the
offence and the statement of the
accused as provided for in the Code of
Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction
to try the same. Sub-section 9: Initiation
of Prosecution: If after, investigation
into any complaint under Section 10,
the Commission is satisfied that a person
has committed any criminal offence,
then it may pass an order to that effect
and initiate prosecution of the person
concerned, if there is no necessity for
prior sanction; and if prior sanction of
any authority is required for such
prosecution, then notwithstanding
anything contained in any law, such
sanction shall be granted by that
authority within thirty days of the request
by the Commission and if such sanction
is not granted within the said period
such sanction shall be deemed to have
been granted by the authority.

Insertion of new Sections 10A, 10B and

10C: After Section 10, the following
sub-section shall be inserted: Sub-section
10(A): Powers of the Commission – i)
Where any complaint I received by the
Commission under clause (a) or clause
(f) of sub-section (1) of Section 10, or
in respect of any other matter, the
Commission may before issuing any
processing requiring the attendance of
the person complained against, by an

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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
order, require the Commissioner to make
or cause to be made, a preliminary
investigation in such manner as it may
direct and submit a report to the
Commission to enable it to satisfy itself
as to whether or not the complaint
requires to be inquired into or that any
other action is to be required to be
taken. ii) The powers of investigations
vested with the Commission shall be
delegated to the Commissioner
whenever required and to the extent
necessary. iii) For the purpose of
conducting the preliminary investigation
under sub-section (1), the Commissioner
hall have the same power as may be
exercised by an officer of police making
an investigation under the Code of
Criminal Procedure, 1973. iv) Any order
or requisition made by a person making
an investigation under sub-section (1)
shall be enforced in the same manner
as if it were an order of requisition
made by a police officer under the
provisions of the Code of Criminal
Procedure, 1973. Sub-section 10 (b):
Enforcement Powers of Commission –
i) In making any order under this Act,
the Commission may make such
provisions not inconsistent with this Act,
as it may think necessary or desirable
for the proper execution of the order
and nay person who commits a breach
of, or fails to comply with, any obligation
imposed on him by any such provision
shall be deemed to be guilty of an
offence under this Act. ii) Any order

(63)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
made by the Commission may be
amended or revoked at any time. Sub-
section 10(C): Powers of the
Commission to cause investigation - i)
The Commission may, if it has any
reasonable cause to believe that any
person has omitted or failed to comply
with any order made by it under this
Act or of any obligation imposed on
him by or under any order made by
the Commission under this Act,
authorize the Commission to make an
investigation into the matter and the
Commissioner may, for the purpose of
making such investigation, exercise all
or any of the powers delegated by the
Commission under Section 10A.

Section 15: Chairperson, Members and

Staff of the Commission to be public
servants – After the words ‘the
Members’ the words ‘the Commissioner’
shall be inserted.

Insertion of new Section 16A, 16B, 16C

and 16D: The following sections shall
be inserted – Section 16A: Penalty for
offences in relations to furnishing of
information - i) if any person fails,
‘without any reasonable cause to appear
or to produce any books, documents
or papers, or to furnish any information
required by the Commissioner under
Section 10A or under any other
provisions of this Act, ‘he/she shall be
punishable with imprisonment for a term
which may extend to three months or
with fine which may extend to two

(64)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
thousand rupees or with both, and where
the offence is a continuing one, with a
further fine which may extend to one
hundred rupees for every day, after the
first, during which such failure continues.
ii) If any person who fails to appear or
furnish, or is required to furnish, any
particulars, documents or any
information viz; a) makes any statement
or furnishes any document which he
knows or has reason to believe it to be
false in any material particular; b) omits
to state any material fact knowing it
to be material; and c) willfully alters,
suppresses or destroys any document
which is required to be furnished as
aforesaid – ‘shall be punishable with
imprisonment for a term which may
extend to six months and with fine which
may extend to five thousand rupees.
Section 16B: Penalty for offences in
relation to orders under this Act: i) A
persons who is deemed, under sub-
section (1) of Section 10B, to be guilty
of an offence under this Act, shall be
punishable with imprisonment for a term
which may extend to five thousand
rupees or with both and where the
offence is a continuing one, with a
further fine which may extend to five
hundred rupees for every day after the
first, during which such contravention
continues. ii) If any person contravenes
without any reasonable cause, any order
made by the Commission or the
Commissioner, shall be punishable with
imprisonment for a term which shall

(65)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
not be less than – a) in the case of
first offence, six months but which may
extend to two years; and b) in the case
of any second and subsequent offence,
two years but which may extend to five
years; and in either case where the
contravention is a continuing one, also
with fine which may extend to five
hundred rupees for every day, after the
first, during which such contravention
continues. Provided that the Court may,
if it is satisfied that the circumstances
of any case so require, impose a
sentence of imprisonment for a term
lesser than the minimum term specified
in this Section. Section 16C: Jurisdiction
of Courts to try offences - No Court
inferior to that, of the High Court shall
try any offence under this Act and any
person aggrieved by any decision or
order of the Commission, in any matter,
may file an application in the High
Court. Section 16D: Protection of action
taken in good faith - No suit,
prosecution or other legal proceedings
shall be against the Commission, or
any member, Commissioner, officer or
servant of the Commission in respect
of anything which is in good faith done
or intended or remained to be done
under this Act.

The Status of the Chairperson and

Members of the Commission: The
Commission suggested that the
Chairperson of NCW be given the status
of the Union Cabinet Minister and the
Members that of Minister of State.

(66)
 THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
Existing Provisions
1 2
Section 12: Duty of District Magistrate
and Officers authorized by him.
Section 13: Vigilance Committees - i)
Every State Government shall by
notification in the Official Gazette,
constitute such number of Vigilance
Committees in each district and each
Sub-Division as it may think fit. ii)
Each vigilance Committee, constituted
for a district, shall consist of the
following members, viz; a) the District
Magistrate, or a person nominated by
him, who shall be the Chairman; b)
three persons belonging to the
Scheduled Castes or Scheduled Tribes
and residing in the district, to be
nominated by the District Magistrate;
and c) two social workers, resident in
the district, to be nominated by the
District Magistrate. Explanation: Not
more than three persons to represent
the official or non-official agencies in
the district connected with rural
development, to be nominated by the
State Government. D) one person to
represent the financial and credit
institutions in the district, to be
nominated by the District Magistrate.
iii) Each Vigilance Committee,
constituted for a Sub-Division, shall
consist of the following members viz
a) The Sub-Divisional Magistrate, or
person nominated by him, who shall
Suggested Amendments by NCW
Section 12: Insertion of new Section
12A – I) ‘Punishment for neglect of
duties’ - Any authority/public servant
entrusted with the implementation of
this Act, who willfully neglects his duties
required to be performed by him under
this Act, the State Government shall
denotify such authority/public servant.
II) Insertion of the words ‘of whom one
shall be a woman’ in clause (b), (c),
and (d) of sub-section ( 2 ) and (3) of
section 13. Sub-section (2): Clause (b)
will read as – ‘three persons, of whom
one shall be a woman, belonging to
the scheduled Castes and scheduled
Tribes and residing in the district, to
be nominated by the District Magistrate’.
Clause (c) will read as – ‘two social
workers, of whom one shall be a woman,
resident in the district, to be nominated
by the District Magistrate’. Clause (d)
will read as – ‘not more than three
persons, of whom one shall be a woman,
to represent the official or non-official
agencies in the district connected with
rural development, to be nominated by
the State Government’. Sub-section (3):
Clause (b) will read as – ‘ Three persons,
of whom one shall be a woman,
belonging to the Scheduled Castes or
Scheduled Tribes and residing in the
Sub-Division, to be nominated by the
Sub-Divisional Magistrate’. Clause (d) will
(67)
Justification / Remarks
3
Section 12 ( I ) : To ensure enforcement
of law, specially a social welfare law,
the implementing machinery should be
made accountable for non-
implementation.
Section 12 (II) : Women should also
have a say in the implementation of
the law. Representation of women in
the Vigilance Committees will not only
have better understanding of the
problems of women and girl children
freed from bondage but will also be
able to provide better schemes for
rehabilitation of such women and girl
children.
Section 12 (III): Women should also
have a say in the implementation of
the law. Women on the Vigilance
Committees will not only have better
understanding of the problems of women
and girl children freed from bondage
but will also be able to provide better
schemes for rehabilitation of such
women and girl children.
Section 14 Sub-clause (b): The needs,
problems and difficulties of the males
freed from bondage are different from
those of the females liberated from
bonded labour. Hence, the rehabilitation
schemes for the males should be
different, distinct and separate from
the schemes for the females. Further,
 Existing Provisions
1 2
be the chairman, b) three persons
belonging to the Scheduled Casts or
Scheduled Tribes and residing in the
Sub-Division, to e nominated by the Sub-
Divisional Magistrate; c)two social
workers, resident in the Sub-Division,
to be nominated by the Sub-Divisional
Magistrate; d) not more than three
persons to represent the official or non-
official agencies in the Sub-Division
connected with rural development to
be nominated by the District Magistrate
and e) one person to represent the
financial and credit institutions in the
Sub-Division, to be nominated by the
Sub-Divisional Magistrate.
Section 14: Functions of Vigilance
Committees – i) To functions of each
Vigilance Committee shall be – a) To
advise the District Magistrate or any
officer authorized by him as to the
efforts made, and action taken to ensure
that the provisions of this Act or of
any rule made thereunder are properly
implemented; b) To provide for the
economic and social rehabilitation of
the freed bonded labourers; c) to –
coordinate the functions of rural banks
and cooperative societies with a view
to analyzing adequate credit to the freed
bonded labourer; d) to keep an eye on
the number of offences of which
organizance has been taken under this
Act; e) to make a survey as to whether
there is any offence of which cognizance
Suggested Amendment by NCW
read as – ‘not more than three persons,
of whom one shall be a woman, to
represent the official or non-official
agencies in the Sub-Division connected
with rural development to be nominated
by the district Magistrate.’ III)
Substitution of clauses (b), (d), and ( e
) of sub-section (I) of section of section
14 and insertion of new clauses (bb),
(bbb), (bbbb), ( cc ) and (g) of sub-
section (I).
For clause (b) following clause will be
substituted - ‘to provide for the
economic and social rehabilitation of
the freed bonded labourer, however,
that the rehabilitation scheme may
provide for individual or collective
rehabilitation and further that there may
be separate rehabilitation scheme for
the freed bonded made labourers, freed
bonded female labourers, members of
the family of the freed bonded labourer
or any other persons dependant on the
freed bonded labourer.’
After clause (b) following clauses will
be inserted – (bb) “to provide socio-
economic rehabilitation and training to
sexually exploited women and children’.
(bbb) ‘to promote education and
vocational schemes for the girl children
freed from bonded labour.’ (bbbb) ‘to
encourage the beneficiaries to participate
in the various rehabilitation, educational
and vocational programmes, including
the selection of the schemes’.
(68)
Justification / Remarks
3
freed bonded labourers may be
rehabilitated in group as it is difficult
to rehabilitate and individual isolation.
A girl child is bondage suffers the most.
Bonded labour and home responsibilities
prevent her from getting any education.
Lack of access to education ensures
continuation of the cycle of poverty
which in turn leads to further bondage.
Section 18: To deter the person from
extracting bonded labour, it is imperative
that, in addition to imposing punishment
on him, he should not be allowed to
reap the fruits obtained from bonded
labour. Hence such property should
be forfeited. A general complaint is
that no fine is recovered from the person
employing bonded labour. In event of
failure to recover the fine, such fine
may be recovered from the property
attached.
It is observed that even though a man
is a bonded labourer, his whole family,
including his wife, daughter aged
mother, etc. are forced to work in
bondage. Hence, each such person in
bondage should be entitled to payment
at the rate of rupees ten per day.
Section 18 A: To deter the person from
violating the provisions of the Act and
to punish him in the event of violation.
Section 18 B: To deter the person from
violating the provisions of the Act and
to punish him in the event of violation.
 Existing Provisions
1 2
ought to be taken under this Act; f) to
defend any suit instituted against a freed
bonded labourer or a member of his
family or any other person dependent
on him for the recovery of the whole
or part of any bonded debt or any other
debt which is claimed by such persons
to be bonded debt. ii) A VIGILANCE
Committee may authorize one of its
members to defend a suit against a
freed bonded labourer and the member
so authorized shall be deemed, for the
purpose of such suit, to be the
authorized agent of the freed bonded
labourer.
Section 18: Punishment for extracting
bonded labour under bonded labour
system –i) Whoever enforces after the
commencement of this Act, any custom,
tradition, contract, agreement or other
instrument, by virtue of which any person
or any member of the family of such
person or any dependant of such person
is required to render any service under
the bonded labour system, shall be
punishable with imprisonment for a term
which may extend to three years and
also with fine which may extend to two
thousand rupees; and, out of the fine,
if recovered payment shall be made to
the bonded labourer at the rate of
rupees five for each day for which the
bonded labour was extracted from him.
Section 22: Cognizance of offences –
Every offence under this Act shall be
cognizable and bailable
Suggested Amendment by NCW Justification / Remarks
3
After clause ( c ) following clause will
be insert ed - ( cc ) ‘to co-relate and
integrate the functions of the rural banks
and women’s agencies such as Mahila
Mandals, women’s groups, women’s
development corporations with a view
of channelising sufficient credit to the
freed bonded women labourer’.
For clause (d) following clause will be
substituted - ‘ to keep an eye on the
number of offences committed against
the bonded male labourer, bonded
female labourer and bonded (girl) child
labourer, of which cognizance has been
taken under this Act’.
For clause ( e ) following clause will be
substituted - ‘to make a survey as to
whether there is an offence committed
against the bonded male labourer,
bonded female labourer and bonded
(girl) child labourer, of which cognizance
ought to have been taken under this
Act.’
Clause ( f ) will be deleted and sub-
section (2) will be substituted in this
respect and a new clause ( g ) will be
inserted - ‘to set up awareness centers
and organize workshops in identified
areas to educate the bonded women
and the girl children labourers of the
protection available to them under this
Act and the schemes framed thereunder’.
For Sub-section ( 2 ) following sub-
section shall be substituted - ‘No suit
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Existing Provisions Suggested Amendment by NCW Justification / Remarks
1 2 3
will be instituted against a freed bonded
labour or a member of his family or
nay other person dependent on him
for the recovery of the whole or part
of any bonded debt or any other debt
which is claimed by such person to be
bonded debt.’

After Section 16 a new section 16A

will be inserted - ‘Punishment for sexual
exploitation - ‘ Whoever after the
commencement of the Act, sexually
exploits or trafficks women or child
bonded labour the employer shall be
punished with imprisonment for a term
which may extend to three years and
also with fine which may extend to
twenty thousand rupees. The onus of
proof that no sexual exploitation or
trafficking has taken place would be
on the accused.’

For section 18 following will be

substituted - ‘ i) Whoever enforces,
after the commencement of this Act,
any custom, tradition, contract,
agreement or other instrument by virtue
of which any person or any member of
the family of such person or any
dependant of such person is required
to render any service under the bonded
labour system, shall be punishable with
imprisonment for a term which may
extend to three years and also with a
fine. ii) When any person is accused of
an offence punishable under sub-section
(I) , it shall be open to the Court, trying

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Existing Provisions Suggested Amendment by NCW Justification / Remarks
1 2 3
him, to pass an order that all or any of
the properties, moveable or immovable
or both, belonging to him, shall, during
the period of such trial, be freezed and
restrained and where such trial ends in
conviction, and if the imposed fine is
not forthcoming, the properties so
attached shall be liable to forfeiture to
the extend they are required for the
purpose of realization of the fine
imposed. iii) Any court convicting the
person under sub-section (I), may in
addition to awarding the punishment,
by order in writing, declare that any
property, moveable to immovable or
both, belonging to such a person, for
which bonded labour was extracted, shall
stand forfeited to the Government to
the extend to the fine. iv) Out of the
fine realized, payment shall be made
to be bonded labourer at the rate of
the current minimum wage for each day
for which bonded labour was extracted
from him. V) For avoidance of doubt,
it is here clarified that where any bonded
labour was extracted from any member
or any dependant of such bonded
labourer, each such member or
dependant of the bonded labourer shall
also be entitled to payment at the rate
of current minimum wage for each day
of which bonded labour was extracted
from him.’

After Section 18 following sections will

be inserted – Insertion of new section

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Existing Provisions Suggested Amendment by NCW Justification / Remarks
1 2 3
18A – Cancellation or suspension of
license in certain cases – ‘ When a
person who is convicted of any offence
under section 18 holds any licence,
permit or permission under any law for
the time being in force in respect of
any profession, trade, calling or
employment in relation to which bonded
labour was extracted, the Court trying
the offence may, without prejudice to
any other penalty to which such person
may be liable, direct that the licence,
permit or permission shall stand cancelled
or suspended for such order so canceling
or suspending the licence, permit or
permission shall have effect as if it had
been passed by the authority competent
to cancel or suspend the licence, permit
or permission under any such law.’

Insertion of new section 18 B –

Resumption or suspension of grant made
by Government – ‘When a person,
convicted of an offence under S.18, is
in receipt of a grant of land or money
from the Government, the Government
may, if in its opinion the circumstances
of the case warrant such a course, direct
the resumption or suspension of the
whole or any part of such grant.’

For Section 22 the following Section

will be substituted - ‘Every offence
under this Act shall be cognizable and
non-bailable.’

(72)
 THE EQUAL REMUNERATION ACT, 1976
Existing Provisions
1 2
Section 5: No discrimination to be
mad while recruiting men and women
workers – On and from the
commencement of this Act, no employer
hall 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 - Provided that the provisions of
this section shall not affect any priority
or reservation for Scheduled caste or
Scheduled Tribes, ex-servicemen,
retrenched employees or any other class
or category of persons in the matter
of recruitment to the posts in an
establishment of employment.
Section 7: Power of appropriate
Government to appoint authorities for
hearing and deciding claims and
complaints - i) 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
Suggested Amendments by NCW
Section 5: For the words, ‘except where
the employment of women in such work
is prohibited or restricted by or under
any law for the time being in force’
following words will be substituted -
‘except where the employment of
women in such work is likely to physically
or psychologically affect her’.
This section will read as - ‘On and
from the commencement of this Act,
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),
take any discrimination against women
‘except where the employment of
women in such work is likely to physically
or psychologically affect her’.
Section 7 Sub – section (1): For the
words – ‘the appropriate Government
may by notification, such officers, not
below the rank of a Labour Officer’ -
the following words shall be substituted
‘The appropriate Government may, by
notification, appoint women officers
having experience of not less than 5
years in Labour Practice.’
This section will read as - (1) ‘The
appropriate Government may, by
notification, appoint women officers
having experience of not less than 5
(73)
General Suggestions and Remarks
3
Section 5: Under Section 5 women are
prohibited or restricted by law to take
up certain employment or to take up
the employment during particular hours
of the day. It is high time that the list
of the category of the work, wherein
women are prohibited or restricted by
law from taking the work is pruned
down, unless the same is hazardous
and threatens the life and limp of the
women. Today, the women are giving
effective competition to men in different
sphere of activity and has proven
themselves. If the restrictions are not
removed or significantly curtailed, then
they are likely to be challenged on the
ground of discrimination and violation
of Article 14 of the Constitution.
Section 7: Section 7 relates to the
officer manning the adjudicatory body.
It is the first point of contact for the
aggrieved party. The Act provides for
a Labour Officer to hear the complaint
relating to contravention of any
provisions of the Act of non-payment
of equal wages. Since the complaints
primarily emanates from Women section
of the employees it is of utmost
important that the adjudicatory authority
should provide assurance and should
inspire confidence of aggrieved party.
For this reason, the Labour Officer who
has been empowered under this Section
 Existing Provisions
1 2
rates to men and women 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.
ii) Every complain or claim referred to
in sub-section (1) shall be made in such
manner as may be prescribed. iii) 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). iv) Where a complain……… Note: Though, the adjudicatory authority
v) 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).
Section 10: Penalties (1) - If after
the commencement of this Act, any
employer, being required by or under
the Act so to do –a)…………,
b)…………, c……….., d)….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).
ii) …….., iii)……..
Suggested Amendment by NCW
years in Labour Practice’ as it thinks
fit to be the authorities for the purpose
of having and deciding -……., ………..
For sub-section (2) following will be
substituted – ‘The complain or claim
referred to in sub-section (1) can be
taken cognizance either suo -moto by
the officers appointed under Section
7(1) or at the instance of voluntary
agencies or person aggrieved in such
manner as may be prescribed’.
has been provided power under Section
7(5) of the Civil Court for the purpose
of taking evidence and enforcing
attendance of witness and compelling
the production of documents. But he
adjudicatory authority has not been
provided any power to enforce its order
under the Act. For any adjudicatory
authority to be effective, it has to be
provided sufficient teeth. It is necessary
for proper and effective functioning of
the adjudicatory authority that it is
provided power of enforcement of its
order and in case of failure by the
employer, then it should have power to
impose penalty.
Section 10: After sub-section (3) a mew
sub-section (4) shall be added - ‘where
an employer or a person against whom
a complaint is made falls or omits to
comply with any order made by the
office under Section 7(1), such employer
(74)
General Suggestions and Remarks
3
should be a women with background
of Labour practices.
The power of filing complaint should
not be confined only to the aggrieved
party. It has to be broad based on any
information relating to contravention
of the Act must be entertained. For
this reason, two changes are necessary
under Section 7. Firstly, if any person
including voluntary organisation reports
of any contravention of provisions of
the Act, the same should be treated
as a complain and the adjudicatory
authority should dispose of the same
as per law. Secondly, if the Labour
Officer or whosoever, is the adjudicatory
authority get some information or
knowledge about any practice by the
employer which is in contravention of
the Act, then it should have power of
registration of complaint upon its own
knowledge and information. These
amendments are also necessary as the
employees are likely to be reluctant to
lodge any complain against their present
employer, least they face the wrath of
employer.
Section 10: Providing a penal clause
against the person who does not comply
with the order made by the officer under
Section 7 (1).
Section 15: Section 15 deals with special
benefits given to the women. It is
necessary that the explanation be
 Existing Provisions
1 2
Section 15: Act not to apply to certain
special cases - Nothing in this Act
shall apply – a) to cases affecting the
terms and conditions of a women’s
employment in complying with the
requirements of any law giving special
treatment to women, or b) to any
special treatment accorded to women
in connection with – i) the birth or
expected birth of a child , or ii) the
terms and conditions relating to
retirement, marriage or death or to any
provision made in connection with the
retirement, marriage or death.
Suggested Amendment by NCW General Suggestions and Remarks
3
or person shall be punishable with incorporated in the Section, wherein it
imprisonment for a term which shall not should be provided that the special
be less than one month but which may treatment should never be detrimental
extend to one year, or with fine which to the interest of the women.
shall not be less than Rs.10,000/- but
which may extend to Rs.20,000/- or with
both. Provided that the officer it
satisfied that the circumstances of any
case so require, impose a sentence of
imprisonment or fine, or both, for a
term lesser then the minimum term and
the amount lesser then the minimum
amount, specified in this sub-section’
for reason to be record in writing.
Section 15: After Section 15, the
following explanation will be added -
‘Explanation’ the special treatment given
either under this Act, or any other Act
for the time being in force will not be
detrimental to the interest of the
woman. Special treatment clause should
ensure that any act or omission of this
Act shall not be detrimental to the
interest of the woman.
(75)
 THE SPECIAL MARRIAGE ACT, 1954
Existing Provisions
1 2
Section 2: Definition – In this Act, unless
the contest otherwise requires – b)
‘degree of prohibited relationship’ - a
man and any of the persons mentioned
in Part I of the First Schedule and a
woman and any of the persons
mentioned in Part II of the said Schedule
are within the degrees of prohibited
relationship’. Explanation - I -
Relationship includes a) relationship of
half or uterine blood as well as by full
blood; b) illegitimate blood relationship
as well as legitimate; c) relationship
by adoption as well as by blood; and
all terms of relationship in this Act shall
be construed accordingly. Explanation
II – ‘Full blood’ and ‘Half blood’ – two
persons are said to be related to each
other by full blood when they are
descended from a common ancestor
by the same wife and by half blood
when they are descended from a
common ancestor but by different wives.
Explanation III - Uterine blood’ two
persons are said to be related to each
other by uterine blood when they are
descended from a common ancestress
but by different husbands. Explanation
– IV – In explanations II and III
‘ancestor’ includes the father and
‘ancestres’ the mother. D) ‘district’ in
relation to a Marriage Officer, means
the area for which he is appointed as
Suggested Amendments by NCW
Section 2: Definition - ‘Only District
courts and Higher Courts have jurisdiction
to deal with the matrimonial cases’.
Section 4: Conditions relating to
solemnization of special marriages ‘
Section 4 ( b ) (iii) shall be deleted.
After Section 4 a new section 4A shall
be inserted as follows: - i) ‘No person,
married under the provision of this Act,
shall contract any marriage under any
law in the life time of his or her wife
or husband, except after his or her lawful
divorce from such wife or husband or
after his or her marriage with such wife
or husband has lawfully been declared
null and void or dissolve under this Act.
ii) Every marriage contracted contrary
to the provisions of sub section i) shall
be void for the pruposes of sections 24
and 44 of the Act’.
Section 5: Notice of intended marriage
- For the words ‘ not less than thirty
days’ the words ‘ not less than fifteen
days’ shall be substituted in this section.
This section will read as ; ‘ When a
marriage is intended to be solemnized
under this Act, the parties to the
marriage shall give notice thereof in
writing in the form specified in the
Second Schedule to the Marriage Officer
of the district in which at least one of
the parties to the marriage has resided
(76)
General Suggestions and Remarks
3
Section 2: Explanation IV ( e ) states
that ‘District Court’ includes in areas
where there is no city civil court, the
principle civil court of original
jurisdiction. Would this also include a
munsif’s court? The question is relevant
because of ‘District Court’ were to
include even a munsif’s court then it
would mean that the latter has the
jurisdiction to deal with matrimonial
causes under the SMA.
Section 4: Section iii) ‘Epilepsy is not
a condition that prevents an individual
from fulfilling his or her marital
obligations. Further with advances in
medicine it is controllable. This has
already been recommended by the Law
Commission and this recommendation
is endorsed. In order to combat the
mischief of motivate decoversions, which
enable husband married under
monogamous laws to convert to a
religion permitting polygamy. Motivated
conversions in order to enter into
polygamous relationship are well known.
Section 5: Notice of intended marriage
- It is felt that the period of 30 days
is to long and unnecessary delay the
proceeding. ‘ It should be reduced to
15 days’.
Section 15: Registration of Marriages
celebrated in other forms - From
 Existing Provisions
1 2
such under sub-section (1) or sub-
section (2) of Section 3. e) ‘district
court’ means, in any are for which there
is a city civil court, that court, and in
any other area, the principal civil court
of original jurisdiction, and includes any
other civil court which may be specified
by the State Government by notification
in the Official Gazette as having
jurisdiction in respect of the matters
dealt with in this Act.
Section 4: Conditions relating to
solemnization of special marriages - ‘
Not - withstanding anything contained
in any other law for the time being in
force relating to the solemnization of
a marriages, a marriage between any
tow persons may be solemnized under
this Act, if at the time of the marriage
the following conditions are fulfilled,
viz a) neither party has a spouse living;
b) neither party - i) is incapable of
giving a valid consent to it in
consequence of unsoundness of mind
or ii) through capable of giving a valid
consent, has been suffering from mental
disorder of such a kind or to such an
extent as to be unfit for marriage and
the procreation of children; or iii) has
been subject to recurrent attacks of
insanity or epilepsy.
Section 15: Registration of Marriages
celebrated in other forms - ‘Any
marriage celebrated, whether before or
after the commencement of this Act,
Suggested Amendment by NCW
for a period of not less than fifteen
days immediately preceding the date
on which such notice is given’.
Section 15: Registration of Marriages
celebrated in other forms - The
Following Clause shall be substituted
for Clause ( c ) - ‘( c ) neither party
is of unsound mind at the time of
registration.’ And the following Clause
shall be substituted for Clause ( d )
‘the male has completed 21 years and
the female the age of 18 years.’ A
new clause ( g ) shall be inserted after
clause (f). ‘ Clause ( g ) - ‘After the
registration of marriage under this Act,
both the parties will be governed by
the provisions of this Act and a decree
of divorce under this Act will dissolve
the pre-existing marriage’.
Section 19: Effect of marriage on
member of undivided family The Section
shall be deleted.
Section 22: Restitution of Conjugal
Rights - The Section shall be deleted.
Section 23 - Judicial Separation -
‘Clause (b) of Section 23 (i) shall be
deleted.
Section 27: Divorce - For Clause (f)
following Clause shall be substituted -
‘has been suffering from venereal
disease in a communicable form; for a
period not less than two years’. After
Clause ( f ) a new clause ( ff ) shall be
(77)
General Suggestions and Remarks
3
registration under the Act of marriages
celebrated in other forms both parties
have to have completed 21 years of
age. There is a discrepancy between
this and registration of marriages
solemnized under the Act where the
girl needs only to be 18 years and the
groom 21.
Section 19: Effect of marriage on
member of undivided family - Just
only because of the marriage has been
solemnized under this Act should not
have effect on his from such family.
Section 22: Restitution of Conjugal
Rights - As it violates the rights of
privacy.
Section 23: Judicial Separation -
‘Consequential amendment with respect
to amendment suggested in Section 22.’
Section 27: Divorce - Section 27 (h)
– As available in the Hindu Marriage
Act, 1955, this condition also needs to
be incorporated in this Act as a ground
for divorce. Section 27 (3) –
Consequential amendment with respect
to Section 22. Irretrievable breakdown
of marriage should be added as a
ground for divorce. This provision will
end deadlock in marriage and give a
decent trail to a practically dead
relationship.
Section 30: The parties of the marriage
should have sufficient time to take a
 Existing Provisions
1 2
other than a marriage solemnized under
the Special Marriage Act, 1872 (III of
1872) or under this Act, may be
registered under this Chapter by a
Marriage Officer in the territories to
which this Act extends if the following
conditions are fulfilled, viz; a) a
ceremony of marriage has been
performed between the parties and they
have been living together as husband
and wife ever since; b) neither party
has at the time of registration more
than one spouse living; c) neither party
is any idiot or a lunatic at the time of
registration; d) the parties have been
completed the age of twenty-one years
at the time of registration and e) the
parties are not within the degrees of
prohibited relationship – Proved that
in the case of a marriage celebrated
before the commencement of the Act,
this condition shall be subject to any
law, custom or usage having the force
of law governing each of them which
permits of a marriage between the two;
and f) the parties have been residing
within the district of the Marriage Officer
for a period of not less than thirty days
immediately proceeding the date of
which the application is made to him
for registration of the marriage.
Section 19: Effect of marriage on
member of undivided family - ‘ The
marriage solemnized under this Act of
any member of an undivided family who
Suggested Amendment by NCW
inserted. ‘( ff ) has been suffering from
HIV/AIDS.’ Clause ( g ) shall be deleted.
In clause ( h ) for the words ‘ seven
years’ the words ‘three years’ shall be
substituted. This clause shall read as
- (h) has not been heard of as being
alive for a period of seven years or
more by those persons who would
naturally have heard of the respondent
if the respondent had been alive. After
Clause (h) of Section 27 (1) the followng
clause shall be inserted: - i) ‘has
renounced the world by entering any
religious order’. Clause ii) of Sub-Section
2) of Section 27 shall be deleted. A
new sub-section 3) shall be inserted
in clause 27 - ‘If the court is of the
opinion that the marriage has broken
down and the parties cannot happily
live together, it may, at the instance
of either party to the marriage, after
making adequate financial and other
welfare provisions for children of the
marriage and the wife, dissolve the
marriage.’
Section 30: Remarriage of divorced
persons - An explanation shall be
added after this section as follows:
Explanation - There shall atleast 90
days time period for appealing against
a decree of divorce for the purpose of
this section.
Section 31: Court to which petition
should be made - An explanation shall
be inserted after Section 31 ( I ) as
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General Suggestions and Remarks
3
decision and to appeal against the
decree. It is normally observed that
the party of the marriage rush for
second marriage without waiting for an
appeal.
Section 31 (1): It is quite possible that
a woman suing for divorce is not staying
in the place where her husband resides
which is often the place where they
last resided together. The provision
seems to be disadvantageous to a wife
suiting for divorce/nullity of marriage
as it present her for presenting a petition
at the location that is convenient to
her.
Section 33: Proceeding to be in camera
and may not be printed or published -
‘Sub-section 33 (ii) - These
proceedings which relate to judicial
separation/divorce/custody of children
are likely to be sensitive and private
nature. Publicizing the same would
amount to a violation of the Right to
Privacy of the individuals concerned,
and Rs.1000 fine is too light a fine, in
view of the damage that a person may
suffer and which cannot be
compensated through any defamation
action.
Section 37: Permanent alimony and
maintenance - Any obligations of
fidelity only exit when the husband and
wife are married and not after the
divorce. The ground of chastity to
 Existing Provisions
1 2
professes the Hindu, Buddhist, Sikh or
Jaina Region shall be deemed to effect
his severance from such family.’
Section 22: Restitution of Conjugal
Rights ‘ “When either the husband or
the wife has, without reasonable excuse,
withdrawn from the society of the other,
the aggrieved party may apply to petition
to the district court for restitution of
conjugal rights, and the court, on being
satisfied of the truth of the statements
made in such petition, any that there
is no legal ground why the application
should not be granted, may decree
restitution of conjugal rights accordingly.
Explanation ‘ –Where a question arises
whether there has been reasonable
excuse for withdrawal from the society,
the burden of proving reasonable excuse
shall b on the person who has withdrawn
from the society.
Section 23: Judicial separation - ‘ (1)
(b) on the ground of failure to comply
with a decree for restitution of conjugal
rights.
Section 27: 1) Subject to the provisions
of this Act and to the rules made
thereunder, a petition for divorce may
be presented to the district court either
by the husband, or the wife on the
ground that the respondent - a) has,
after the solemnization of the marriage,
had voluntary sexual intercourse with
any person other than his or her spouse;
Suggested Amendment by NCW
follows ‘ In case where the wife is the
petitioner, she shall file a petition under
Chapter V and VI from the pace where
she is currently staying’.
Section 33: For Sub-section ii) of
Section 33 the following section shall
be substituted - If any person prints
or publishes any matter in contravention
of the provisions contained in sub-section
i), he shall be punishable with fine
according to the circumstances for the
case and parties involved, which may
not be less than Rupees ten thousand
in any case’.
Section 37: Permanent alimony and
maintenance - the words ‘or is not
leading a chaste life’ in Section 37 (
3)shall be deleted. The section will
read as: ‘(3) - If the district court is
satisfied that the wife in whose favour
an order has been made under this
section has remarried (it may, at the
instance of the husband vary, modify
or rescind any such order and in such
manner as the court may deem just)’.
(79)
General Suggestions and Remarks
3
revoke an order of permanent
maintenance is unfair and uncalled for
interference in the wife’s life.
Note :
i) Concept of illegitimate children be
deleted.
ii) Mandatory medical examination of
the parties of marriage may be suggested
keeping spreading of HIV’ in mind
iii) The marriage registration
procedure under the Act should be
simplified.
iv) The appointment of Marriage
Officers, under section 3, should be
ensured in sufficient number and it
should be publicized.
v) Tow Muslims who marry each other
under this Act too should be allowed
to opt whether to be governed by the
Muslim Law or the Indian Succession Act.
This will help in popularizing marriages
under the Act. This option may be
given in writing at the time of marriage.
Punishment for bigamy should be
enhanced suitably.
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
or b) has deserted the petitioner for a
continuous period of not less than two
years immediately proceeding the
presentation of the petition or d) c) is
undergoing a sentence of imprisonment
for seven years or more for an offence
as defines in the Indian Penal Code; d)
has since the solemnization of the
marriage treated the petitioner with
cruelty; of e) has been incurable of
unsound mind, or has been suffering
continuously or intermittently from
mental disorder of such a kind and to
such an extent that the petitioner cannot
reasonably be expected to live with the
respondent. Explanation - In this
clause - ´a) the expression ‘mental
disorder’ means mental illness, arrested
or incomplete development of mind,
psychopathic disorder or any other
disorder or disability of mind and
includes schizophrenia; b) the
expression ‘psychopathic disorder ’
means a persistent disorder or disability
of mind (whether or not including sub-
normality of intelligence) which results
in abnormally aggressive or seriously
irresponsible conduct on the part of
the respondent, and whether or not it
requires or is susceptible to medical
treatment; or f) has been suffering from
venereal disease in a communicable
from; or g) has been suffering from
leprosy, the disease not having been
contracted from the petitioner; or h)
has not been heard of as being alive

(80)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
for a period of seven years or more by
those persons who would naturally have
heard of the respondent if the
respondent had been alive.

Section 30: Remarriage of divorced

persons - ‘Where a marriage has been
dissolved by the decree of divorce, and
either there is no right of appeal against
the decree or if there is such a right of
appeal, the time for appealing has
expired without any appeal having been
presented, or an appeal has been
presented but has been dismissed, either
party to the marriage may marry again.

Section 31: Court to which petition

should be made - 1) Every petition
under Chapter V or Chapter VII shall
be presented to the district court within
the local limits of whose original civil
jurisdiction - i) the marriage was
solemnized; or ii) the respondent, at
the time of the presentation of the
petition resides; or iii) the parties to
the marriage last resided together; or
iv) the petitioner is residing at the time
of the presentation of the petition, in
a case where the respondent is at that
time residing outside the territories to
which this Act extends, or has not been
heard of as being alive for a period of
seven years by those who would naturally
have heard of him if he were alive.

Section 33: Proceeding to be in camera

and may not be printed or published -

(81)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
‘ i) Every proceeding under this Act
shall be conducted in camera and it
shall not be lawful for any person to
print or publish any matter in relation
to any such proceeding except a
judgement of the High Court or any of
the Supreme Court printed or published
with the previous permission of the
Court, ii) If nay person prints or
publishes any matter in contravention
of the provisions contained in sub-
section (1) he shall be punishable with
fine which may extend to one thousand
rupees.

Section 37: Permanent alimony and

maintenance - 1) Any Court exercising
jurisdiction under Chapter V or Chapter
VI may, at the time of passing any
decree or at any time subsequent to
the decree, on application made to it
for the purpose, order that the husband
shall secure to the wife for her
maintenance and support, if necessary,
by a charge on the husband’s property,
such gross sum or such monthly or
periodical payment of money for a term
not exceeding her life, as, having regard
to her own property, if any, her
husband’s property and ability (the
conduct of the parties and other
circumstances of the case), it may seem
to the court to be just. 2) If the district
court is satisfied that there is a change
in the circumstances of either party at
any time after it has made an order

(82)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3

under sub-section 1), it may, at the

instance of either party, vary, modify
or rescind any such order in such manner
as it may seem to the court to be just.
3) If the district, court is satisfied that
the wife in whose favour an order has
been made under this section has re-
married or is not leading a chaste life,
(it may, at the instance of the husband
vary, modify or rescind any such order
and in such manner as the court may
deem just).’

(83)
 THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT
AND CONDITIONS OF SERVICE) ACT 1979
Existing Provisions
1 2
Section 2: Definition - 1) In this Act,
unless the contest otherwise requires -
a) ‘ appropriate Government’ means:
- i ) in relation to - 1) ……., 2)……….
, 3)……. ii) in relation to any other
establishment, the Government of the
State in which that other establishment
is situated. b)……, c)………., d)
establishment means – i) ….., ii)…….
e) ‘Inter-state migrant workman’ means
any person who is recruited by or
through a contractor in one State under
an agreement or other arrangement for
employment in an establishment in
another State, whether with or without
the knowledge of the principal employer
in relation to such establishment. f)…..,
g) ‘principal employer’ means – i)….,
ii)……, iii)………., iv)………… h)……,
I)………., j) ‘workman’ means any
person employed in or in connection
with the work of any establishment to
do any skilled, semiskilled or unskilled,
manual, supervisory, technical or clerical
work for hire or reward, whether the
terms of employment by express or
implied, but does not include any such
person - i) who is employed mainly in
a managerial or administrative capacity
or ii) who, being employed in a
supervisory capacity, draws wages
exceeding five hundred rupees per
Suggested Amendments by NCW
Section 2: In clause ( e ) of Section at
the end after the words ‘Principal
Employer in relation to such
establishment’ the following words shall
be added – ‘ór any workman who is
directly employed by the principal
employer from a state other than the
one in which the employer ’s
establishment is situated’. This section
will read as - ‘Inter-state migrant
workman’ means any person who is
recruited by or through a contractor in
one State under an agreement or other
arrangement for employment in an
establishment in another State, whether
with or without the knowledge of the
principal employer in relation to such
establishment; or any workman who is
directly employed by the principal
employer from a state other than the
one in which the employer’s
establishment is situated.
In sub clause of ( ii ) of clause ( j )
of Section 2of the works ‘five hundred
rupees’ the words ‘two thousand and
five hundred rupees’ shall be substituted.
This clause will read as - ‘who, being
employed in a supervisory capacity,
draws wages exceeding two thousand
and five hundred rupees per mensem,
or exercises, either by the nature of
duties attached to the office or by
(84)
General Suggestions and Remarks
3
Section 2: Definitions - To widen the
scope of definition to cover the workmen
directly employed by the principal
employer. In sub-clause (ii) of Clause
( j ) of Section 2 - As the amount in
the Act is less; this provision also
excludes a large number of workmen
from the ambit of this provision.
Section 16: Prohibition against
employment of Inter-state migrant
workmen without registration - After
the proviso of this section another
proviso shall be added - ‘The safeguard
the rights and interest of the migrant
workmen already employed’.
Section 8: Revocation, suspension and
amendment of licenses - After proviso
of sub-section ( 1 ) of Section 10 -
‘To safeguard the rights and interest of
the migrant workman already recruited.’
Section 10A: This will have check on
trafficking of persons. As the provision
of labour officers is already in existence,
this may be included as a part of their
duty to maintain registration process.
Giving this responsibility to the ‘specified
authority’ mentioned in the explanation
of section 12 (2) of the Act may also
be considered. Section 10B:
Consequential suggestion in respect to
insertion of section 10A.
 Existing Provisions
1 2
mensem, or exercises, either by the
nature of the duties attached to the
office or by reason of the powers vested
in him, functions mainly of a managerial
nature.
Section 6: Prohibition against
employment of Inter-state migrant
workmen without registration - No
principal employer of an establishment
to which this Act applies shall employ
inter-state migrant workmen in the
establishment unless a certificate of
registration in respect of such
establishment issued under this Act is
in force: Provided that nothing in this
section shall apply to nay establishment
in respect of which an application for
registration made within the period fixed,
whether originally or an extension under
sub-section (1) of Section 4 is pending
before a registering office and for the
purposes of this proviso, an application
to which the provisions of sub-section
(3) of Section 4 apply shall be deemed
to be pending before registering office
concerned till the certificate of
registration is issued in accordance with
the provisions of that sub-section.
Section 8: Licensing Contractors - 1)
with effect from such date as the
appropriate Government may, by
notification in the official Gazette,
appoint, no contractor to whom this
Act applies shall - a) recruit any person
in State for the purpose of employing
Suggested Amendment by NCW General Suggestions and Remarks
3
reason of the power vested in him, Section 13: Wage rates and other
function mainly of a managerial nature. conditions of service of inter-state
migrant workman - After clasue (b) of
Section 6: Prohibition against
sub-section (1) of Section a new clause
employment of Inter-state migrant
( e ) - To provide certain provisions
workmen without registration - After
for holiday allowance and paid leave
the Proviso of this section another
for the migrant workmen. After sub-
proviso shall be added which will read
section (1) of Section 13 an explanation
as - ‘Provided further that nothing in
to be added - To make it clear that
this section shall affect the employment,
what completed years of service means.
and the rights and dues accruing
therefrom to any migrant workman Section 16: Other facilities - After
already employed’. clause (g) of section 16 a new clause
(h) - To avoid the possibility of
Section 8: Licensing contractors - After
trafficking.
sub-section ( 3 ) of Section 8, a new
sub-section( 4 ) shall be added -‘List Section 35: Power of make rules -
of licensed contractor to be maintained Consequential amendment suggested
at and publicly displayed in district and upon insertion of section 10A and 10B.
block center. A list of all licensed
contractors with full details as to the
establishments, on behalf of which they
are licensed to recruit, shall be
maintained and publicly displaced by
every district headquarters, in court
house, at primary health centers, block
offices and other such public places’.
Section 10 : Revocation, Suspension
and Amendment of Licenses - After
Proviso of sub-section 1) of Section 10
a new proviso shall be added. This
will read as ‘ Provided further that
nothing in this section shall affect the
employment, and the rights and dues
accruing therefrom to any migrant
workman already recruited’. Insertion
(85)
 Existing Provisions
1 2
him in any establishment situated in
another State, except under and in
accordance with a licence issued in that
behalf - i ) if such establishment is an
establishment referred to in sub-clause
( i ) if such establishment is an
establishment referred to in sub-clause
ii) of Clause a) of sub-section 1) of
Section 2, by the licensing office
appointed by the State Government who
has jurisdiction in relation to the area
wherein the recruitment is made; a)
employ as workmen for the execution
of any work in any establishment in
any State, persons from another State
(whether or not in addition to other
workmen) except under and in
accordance with a license issued in that
behalf – i) if such establishment is an
establishment referred to in sub-clause
a) of sub-secion1) of Section 2 by the
licensing officer appointed by the Central
Government who has jurisdiction in
relation to the area where in the
establishment is situated; ii) if such
establishment is an establishment ii)
of Clause a) of sub-section 1) of Section
by the licensing office appointed by the
State Government who has jurisdiction
in relation to the area where in
establishment is suited; 1)…….,
2)……… them has also migrated will be recorded.
Section 10: Revocation, suspension and
amendment of licenses - 1) if the
licensing officer is satisfied, either on
Suggested Amendment by NCW General Suggestions and Remarks
3
of a new Section 10A and 10 B - After
Section 10 two new section 10 A and
10 B shall be inserted,
Section 10A: ‘Each district, in the State
from which the worker is migrating shall
have a registration of migrant workmen
office which will enter the name of the
migrant workman, date on which he/
she is recruited, the name of the
contractor and the license number, the
name and address of the principal
employer and of the establishment in
which the workman is to be employed
and the displacement allowance paid
to the workman’.
Section 10 B: ‘Each district in the State
to which an inter-state migrant workman
migrates for work shall maintain a register
having registration of migrant workmen
office which will enter the name of the
migrant workman, date on which he/
she is recruited, the name of the
contractor and the license number, the
name and address of the principal
employer and o he establishment in
which the workman is to be employed
and the displacement allowance paid
to the workman. The details of the
family of the migrant workman, their
present location and whether any of
It shall be the duty of every principle
employer and contractor to periodically
furnish such information to the registering
authority. Provided that the
(86)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
a reference made to him in this behalf consequence of the failure to do so on
or otherwise, that – a) a license granted the part of employer/contractor shall
under Section 8 has been obtained by not affect the workman’.
misrepresentation or suppression of any
Section 13: Wage Rates and other
material fact, or b) the holder of a
conditions of service of inter-state
lines has, reasonable cause, failed to
migrant workman - After clause ( b )
comply with the conditions subject to
of sub-section ( 1 ) of Section 13, a
which the licence has been made
new clause ( c ) shall be inserted: This
thereunder, contravened any of the
will read as: ‘( c) – for every completed
provisions of this Act or the rules made
year of service, a holiday allowance shall
thereunder then without prejudice to
be paid to the migrant workman and a
any other penalty to which the holder
fortnight of paid leave shall be given
of the licence may be liable under this
to visit the family’. After the proviso
Act, the licensing office may, after giving
of sub-section (1) of Section 13 another
the holder of the licence an opportunity
proviso shall be inserted as - ‘Provided
to be heard by order in writing, revoke
further that the provisions of clause c)
the licence or forfeit the security
shall be applicable only if, an to the
furnished by him under the proviso to
extent, that these are provided for
sub-section (2) of Section or any part
otherwise under section 13 of the Act.’
thereof and communicate the order to
After Sub-section (1) of Section 13 an
the holder of the Provided that where
explanation shall be added as -
the licensing officer consider it necessary
Explanation - ‘For the purpose of this
to do so for any special reasons, he
provision ‘completed year of service’
may, pending such revocation or
will have the same meaning as given
forfeiture, by order, suspend the
in Section 2 (b) of the Payment of
operation of the licence for such period
Gratuity Act, 1972.
as may be specified in the order and
serve by registered post, such order Section 16: Other Facilities – After
along with a statement of the reasons Clause (g) of Section 16 a new clause
on the holder of the licence and such (h) shall be inserted - This will read
order shall take effect on the date on as - ‘where woman are recruited they
which such service is effect. shall be permitted at the employer’s
expense to be accompanied by any one
Section 13: Wage rates and other
family member of their choice to the
conditions of service of inter-state
State in which the employer ’s
migrant workman - 1) The wage rates,
establishment is.’

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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
holiday, hours of work and other Section 28: Cognizance of Offence -
conditions of service of an inter-state For section 28 the following section
migrant workman shall - a) in a case shall be substituted. - ‘No Court
where workman performs in any shall take cognizance of any offence
establishment, the same or similar kind under this Act except on a complaint
of work as is being performed by any made by, or with the previous sanction
other workman in the establishment, in writing of, an inspector or authorized
be the same as those applicable to such person or an NGO/Organisation working
other workman; and b) in any other for the social cause after calling for a
case, be such as may be prescribed by report on the complain from the
the appropriate government. Provided concerned inspector or authorized
that an inter-state migrant workman person and no court inferior to that of
shall in no case be paid less than the a Metropolitan Magistrate or a Judicial
wages fixed under the Minimum Wages Magistrate of first class shall try any
At, 1948. 2) Notwithstanding anything offence punishable under this Act.
contained in any other law for the time
Section 35: Power to make Rules -
being in force, wages payable to an
After clause ( e ) of sub-section ( 2 )
inter-state migrant workman under this
of Section 35 a new clause (ee) shall
section shall be paid in cash.
be inserted. This will read as: ‘ (ee)
Section 16: Other facilities - It shall The form, manner and the authority
be the duty of every contractor required to maintain, the register under
employing inter-state migrant, workmen section 10A and 10B’.
in connection with the work of an
establishment to which this Act applies
- a) to ensure regular payment of wages
to such workmen; b) to ensure equal
pay for equal work irrespective of sex;
c) to ensure suitable condition of work
such workmen having regard to the fact
that they are required to work in a State
different from their own status to
provide and maintain suitable residential
accommodation to such workmen during
the period of their employment; e) to
provide the prescribed medical facilities

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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
to the workmen, free of charge; f) to
provide such protective clothing to the
workmen as may be prescribed; and g)
in case of fatal accident or serious bodily
injury to any such workman, to report
to the specified authorities of both the
States and also the next-of-kin of the
workman.

Section 28: Cognizance of Offence -

No Court shall take cognizance of any
offence under this Act except on a
complaint made by, or with the previous
sanction in writing of, an inspector or
authorized person and no court interior
to that of a Metropolitan Magistrate
or a Judicial Magistrate of the first class
shall try any offence punishable under
this Act.

Section 35 : Power to make rules - 1)

The appropriate Government may,
subject to the condition of previous
publication, make rules for carrying out
the purposes of this Act. 2) In particular,
an without prejudice to the generality
of the foregoing power, such rules may
provide for all or any of the following
matters; viz a) the form and manner
in which an application for the
registration of an establishment may
be made under Section 4, the fees
payable thereon and the form of a
certificate of registration issued under
that section; b) the form in which an
application for the grant or renewal of
a licence may be made under Section

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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
9 and the particulars if any contain;
c) the manner in which an investigation
is to be made in respect of an
application for the grant of a licence
and the matters to be taken into account
in granting or refusing a licence; d)
the form of a licence which may be
granted or renewed, the fees payable
for the grant or renewal of a licence
and the security, if any, required to be
furnished for the due performance of
the conditions of the licence; e) the
circumstances under which licences may
be varied or amended under section
10; f) the form and the manner in
which appeals may be filed under
Section 11 and the procedure to be
followed by appellate officers in
disposing of the appeals; g) the wage
rates, holidays, hours of work and other
conditions of service which an inter-
state migrant workman is entitled under
Section 13; h) the period within which
wages payable to inter-state migrant
workmen should be paid by the
contractor under sub-section (1) of
certificate of such payment under-
section (2) thereof; i) the time within
which allowances or facilities required
by this Act to be provided and
maintained may be so provided by the
contractor and in case of default on
the part of the contractor, by the
principal employer under Section 18;
j) the powers that may be exercised by
inspectors under section 18 ; k) the

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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
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form of registers and records to be
maintained and the particulars and
information to be contained in notices
to be exhibited by the principle
employers and contractors under Section
23 l) the manner of submission of
return, and the forms in which, and
the authorities to which, such return
may be submitted; m) legal aid to inter-
state migrant workmen; n)any other
matter which is required to be, or mayu
be, prescribed under this Act. 3) Every
rule made by the Central Government
under this Act shall be laid so 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 session and if
before the expiry of the session
immediately following session or the
successive sessions aforesaid, both
House agree in making any modification
in the rule or both Houses agree that
the rule should not be made, the rule
be; so, however, that any such
modification or annulment shall be
without prejudice to the validity of
anything previously done under that rule.

(91)
 THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937
Existing Provisions
1 2
Section 2 : Application of Personal Law
to Muslims - Not withstanding any
customs or usage to the contrary, in
all questions save questions relating to
agricultural land regarding interstate
succession, special property of females,
including personal property inherited or
obtained under contract or gift or any
other provision of Personal Law,
marriage, dissolution of marriage,
including Talaq, Ila, Zihar, Lian, Khula
and Mubaraat, maintenance, dower,
guardianship, gifts, trust and trust
properties and wakfs (other than
charities and charitable institutions and
charitable and religious endowments)
the rule of decision in cases where the
parties are Muslims shall be the Muslim
Personal Law (SHARIAT).
Section 3: Power to make a declaration-
1) Any person who satisfied the
prescribed authority - a) that he is a
Muslim, and b) that he is competent
to contract within the meaning of section
11 of the Indian Contract Act, 1872,
and c) that he is resident of (the
territories to which this Act extends)
may be declaration in the prescribed
from and filed before the prescribed
authority declare that he desires to
obtain the benefit of (the provisions of
this section), and thereafter the
provisions of section 2 shall apply to
Suggested Amendments by NCW General Suggestions and Remarks
3
Section 2: Application of personal Law Section 3 – Power to make a declaration
to Muslims - the following words shall - ‘To help Muslim daughters, sisters
be deleted - ‘(save questions relating and wives in getting their shares of
to agricultural land)’. And (other than property. The existing provision deprive
charities and charitable institutions and the women from getting their shares
charitable and religious endowments).’ in inheritance.
The Section will be read as ‘
Notwithstanding any customs or usage
of the contrary, in all questions regarding
intestate succession, special property
of females, including personal property
inherited or obtained under contact or
gift or any other provision of Personal
Law marriage, dissolution of marriage,
including talaq, ila, zihar, lian, khula
and mubaraat, maintenance, dower,
guardianship, gifts, trusts and trust
properties, and wakfs the rule of
decision in cases where the parties are
Muslim shall be the Muslim Personal
Law (Shariat).
Section 3: Power to make a declaration
- The words ‘wills and legacies’ shall
be deleted from clause ( c ) of sub-
section ( 1 ) of section 3. This section
will be read as - ‘i) Any person who
satisfies the prescribed authority – a)
that he is a Muslim, and b)that he is
competent to contract within the
meaning of section 11 of the Indian
Contract Act, 1872, and that he is a
resident of (the territories to which this
Act extends), may be declaration in
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 Existing Provisions
1 2
be declarant and all his minor children
and their descendants as if in addition
to the matters enumerated therein
adoption, (wills and legacies) were also
specified. 2) Where the prescribed
authority refuses to accept a declaration
under sub-section (1), the person
desiring to make the same may appeal
to such officer as the State Government
may, by general or special order, appoint
in this behalf, and such officer may if
he is satisfied that the appellant is
entitled to make the declaration, order
the prescribed authority to accept the
same.
Suggested Amendment by NCW General Suggestions and Remarks
3
the prescribed form and filed before
the prescribed authority declare that
he desires to obtain the benefit of (the
provisions of this section), and
thereafter the provisions of section 2
shall apply to the declarant and all his
minor children and their descendants
as if in addition to the matters
enumerated therein adoption, was also
specified.
(93)
 THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956
Existing Provisions
1 2
Section 4: Definitions - In this Act –
a) ‘minor’ means a person who has
not completed the age of eighteen years;
b) ‘guardian’ means a person having
the case of the person of minor or of
his property or of both his person and
property, and includes - i) a natural
guardian, ii) a guardian appointed by
Will of the minor’s father or mother,
iii) a guardian appointed or declared
by a court, and iv) a person empowered
to act as such by or under any
enactment relating to any Court of
Wards; c) ‘natural guardian’ means
any of the guardians mentioned in
section 6.
Section 6: Natural guardians of a
Hindu minor - The natural guardian
of a Hindu minor, in respect of the
minor’s property (excluding his or her
undivided interest in joint family
property) are – a) in the case of a boy
or any unmarried girl – the father, and
after him, the mother; provided that
the custody of a minor who has not
complete the age of five years shall
ordinarily be with the mother; b) in
case of an illegitimate boy or an
illegitimate unmarried girl – the mother,
and after her, the father; c) in the
case of a married girl – the husband -
provided that no person shall be entitled
to act as the natural guardian of a
Suggested Amendments by NCW
Section 4: Definition - For sub-clause
( ii ) of Clause (b) of Section 4 the
following shall be substituted - ‘ a
guardian appointed by the will of minor’s
last surviving parent’. After Clause (c)
of Section 4 a new Clause (d) shall be
inserted - ‘Parent includes both mother
and father or survivor.
Section 6: For Section 6 the following
shall be substituted ‘ The natural
guardian of a Hindu minor, in respect
of the minor’s person as well as in
respect of the minor’s property
(excluding his or her undivided interest
in joint family property)¸are both the
parents; ie. Mother and father.
Provided that no person shall be entitled
to act as the nautral guardian of aminor
under the provisions of this section a)if
he ceased to be Hindu or if he has
completely and finally renounced the
world by becoming a hermit or ascetic.
Explanation: in the section the
expression parents do not include a
step father and a step mother.
Section 7: Natural guardianship of
adopted son -For Section 7 following
shall be substituted. - Natural
Guardianship of adopted child. The
natural guardianship of an adopted child
passes, on adoption, to the adoptive
parent/parents.
(94)
General Suggestions and Remarks
3
Section 4 – Definition - Consequential
amendments in respect of the
amendment suggested in sub-clause ii)
of Clause b) of Section.
Section 6: Natural guardians of a Hindu
Minor - There is no clear cut categorical
statement of law in the statute that
the mother and father are both natural
guardians of the child at all times and
for all purposes.
Section 7: Natural guardianship of
adopted son - To remove the
discriminatory provision against
daughter.
Section 8: Powers of natural guardian
- In sub-section 6 of Section 8 - For
the sake of convenience of the minor
and his/her guardian.
Section 9: Sub-section (1) of Section
8 - ‘To give equal rights to both the
parents to act as natural guardian. Sub-
section (2) of Section 9 - ‘
Consequential amendment in respect
to sub-section (1). Section 9 (3) ‘
Consequential amendment. Section 9
(4) - Consequential amendment Section
9 (6) - Consequential amendment.
 Existing Provisions
1 2
minor under the provisions of this
section – a) if he ceased to be Hindu
or if he has completely and finally
renounced the world by becoming a
hermit or ascetic. Explanation - in
the section the express father and
mother do not include a step father
and a step mother.
Section 7: Natural guardianship of
adopted son - The natural guardianship
of an adopted son who is a minor
passes, on adoption, to the adoptive
father and after him to the adoptive
mother.
Section 8: Powers of natural guardian
- 1) ……, 2)……, a) a………., b)…… within the local limits of whose
3)…… 4)……….., 5)………… a)…….,
b)………, c)……… 6) In this section
‘Court’ means the city civil court or a
district court or a Court empowered
under section 4A of the Guardian and
Wards Act, 1890, within the local limits
of whose jurisdiction the immovable
property in respect of which the
application is made is situate, and where
the immovable property is situated
within the jurisdiction of more than one
such court, means the Court within the
local limits of whose jurisdiction any
protection of the property is situated.
Section 9: Testamentary guardians and
their powers - 1) A Hindu father entitle
to act as the natural guardian of his
minor legitimate children, may, by will
Suggested Amendment by NCW General Suggestions and Remarks
3
Section 8: Powers of natural guardian
- In sub-section 6 of Section 8 at the
end after the words the property is
situated, the words or where the minor
normally resides shall be added –This
will read as ‘ In this section ‘Court ‘
means the city civil court or a district
court or a Court empowered under
section 4A of the Guardian and Wards
Act, 1890, within the local limits of
whose jurisdiction the immovable
property in respect of which the
application is made in situated, and
where the immovable property is
situated within the jurisdiction of more
than one such court, means the Court
jurisdiction any portion of the property
is situated or where the minor normally
reside.
Section 9: Testamentary guardians
and their powers - For sub-section 1)
of Section 8 the following shall be
substituted - ‘ A Hindu parent entitled
to act as natural guardian of her/his
minor children, may, by will, appoint a
guardian of for any of them in respect
of the minor’s person or in respect of
the minor’s property (other than the
undivided interest referred in section
12) or in respect both’. For sub section
2) of Section 9 the following shall be
substituted ‘ An appointment made
under sub-section (1) shall have no
effect if there is a surviving parent dies
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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
appoint a guardian for any of them in without appointing by will, any person
respect of the minor’s person or in as guardian’. Section 9 (3) should be
respect of the minor’s property (other deleted. Section 9 (4) should be
than the undivided interest referred in deleted. Section 9 (6) should be
section 12) or in respect of both. 2) deleted.
An appointment made under sub-section
Section13 - Welfare of minor to be
1) shall have no effect if the father
paramount consideration - After sub-
predeceases the mother, but shall revive
section (2) of Section 13, a new sub-
if the mother dies without appointing
section (3) shall be added - ‘Where
by will, any person as guardian. 3) A
the court seen the question of fitness
Hindu widow entitled to act as the
of guardian to act as such regard may
natural guardian or her minor legitimate
be had to the wishes of the person.’
children, and a Hindu mother entitled
to act as the natural guardian or her
minor legitimate children by reason of
the fact that the father has become
disentitled to act as such, may, by will,
appoint a guardian for any of them in
respect of the minor’s person or in
respect of the minor’s property (other
than the undivided interest referred to
in section 12) or in respect of both.
4)A Hindu mother entitled to act as
the natural guardian of her minor
illegitimate children may, by will, appoint
a guardian for any of them in respect
of the minor’s person or in respect of
the minor’s property or in respect of
both. 5) The guardian so appointed
by will has the right to act as the minor’s
guardian after the death of the minor’s
father or mother, as the case may be
and to exercise all the rights of a natural
guardian under this Act to such extent
and to such restrictions, if any, as are
specified in this Act and the will. 6)

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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
The right of the guardian so appointed
by will shall where the minor is a girl,
cease on her marriage.

Section 13: Welfare of minor to be

paramount consideration - 1) In the
appointment or declaration of any
person is guardian of a Hindu minor
by a Court, the welfare of the minor
shall be the paramount consideration.
2) No person shall be entitled to the
guardianship by virtue of the provision
of this act or any law relating to
guardianship in marriage among Hindus,
if the court is of opinion that his or
her guardianship will not be for the
welfare of the minor.

(97)
 THE EMPLOYEES’ STATE INSURANCE ACT, 1948

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

All amendments agreed. However, NCW Section 101: Insertion of New

suggested the following additional
section for insertion, to make the Act
broadened to cover all those
establishment which are at present
covered by the Maternity Benefit
Atc.,1961.
Section - ‘Notwithstanding anything
contained to the contrary, in the
Employees’ State Insurance Act, 1948
or the rules made there under, the
following provisions shall come into
effect: i) The benefits under this Act
shall be available to employees in all
such establishments, which are covered
by the Maternity Benefits Act, 1961.
ii) The maternity benefits under the Act
shall include - a) Nursing breaks; and
b) Exemption from heavy work’.

(98)
 THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986
Existing Provisions
1 2
Section 2: Definition - In this Act,
unless the context otherwise requires;
a) ‘advertisement’ includes any notice,
circular, label, wrapper or other
document and also includes any visible
representation made by means of any
light, sound, smoke or gas. b) ‘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
Suggested Amendments by NCW General Suggestions and Remarks
3
Section 2: Definition - ‘Clause a) under
Section 2 on Definitions will read as:
- ‘advertisement’ includes any notice,
circular, label, poster, wrapper or other
document and also includes any visible
representation made by means of any
laser light, sound, smoke, gas, fibre,
optic electronic or other media’ Clause
c) of Section of the Act should read as
- ‘Derogatory or Indecent Representation
of Women’ means the depiction in any
manner of the figure of a women, her
form or body or any part thereof in
such a way as to have the effect of
denigrating or of being Indecent or
Derogatory to women, or is likely to
deprave, corrupt or injure the public
morality or morals.’
Explanation: As the Commission has
withdrawn the inclusion of the term
‘derogatory’, no amendments would be
necessary in Section 3 or in the reading
of Section 4 of the Act.
Insertion of a New Clause 4A and 4B:
The Commission agrees to the insertion
of new clauses 4A and 4B, as follows:
Clause - 4A: Publicity to be given to
the provisions of the Act - ‘1) As
soon as may be after the
commencement of the Indecent
Representation of Women (Prohibition)
Amendment Act, 1988, the State
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 Existing Provisions
1 2
indecent representation of women in
any;
Section 6: Penalty - Any person who
contravenes the provisions of section
3 or section 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 terms 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.
Suggested Amendment by NCW General Suggestions and Remarks
3
Government shall take steps to make
known the provisions of this Act to the
public in such manner as it may think
fit. 2) The taking of steps by the State
Governments to publicize the provisions
of the Act shall include the provision
of this Act being translated into the
local language and copies of the same
along with the effective steps to be
taken by the police as soon as a
complain is received under Section 4B
about violation of the provisions of the
Act.
Clause 4B – Complaints of Member of
public, etc. – It shall be open for any
member of the public or any
organization interested in the welfare
and development of women to file a
complaint in such time and in such
manner as may be prescribed to the
police authorities about any derogatory
representation of women which is an
offence under the Act and it shall be
the duty of the police to expeditiously
investigate the complaint and take
necessary action to prosecute the person
who is responsible for the contravention.
Section 6: - Penalty - In Section 6 on
Penalty, the words ‘and with fine which
may extend to two thousand rupees’
shall be substituted with the words ‘and
with fine which may extend to ten
thousand rupees’ and the words ‘in the
event of a second or subsequent
conviction with imprisonment for a term
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Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
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’ shall be substituted with the
words ‘in the event of second or
subsequent conviction with imprisonment
for a term of not less than six months
but which may extend to five years and
also with a fine not less than fifty
thousand rupees but which may extend
to five lakh rupees’.

(101)
 INDIAN EVIDENCE ACT, 1872

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

Section 114B: i) Insertion of new Section

114B presumption as to the Commission
of sexual intercourse. It may be added
that in a prosecution for the offence
of rape, where the question whether
sexual intercourse had been committed
on the woman or child alleged to have
been raped describes the act of sexual
intercourse had been committed, the
court trying the offence shall presume
that sexual intercourse had, in fact been
committed. ii) Further amendment
also proposed to Section 155 of the
Indian Evidence Act with regard to
prosecutrix’s past sexual experience if
any, is of no consequence.

(102)
 FAMILY COURTS ACT, 1984

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

1. There shall be one or more Courts

designated as Family Courts in every
district who shall have exclusive
competence to entertain and try suits
in respect of all matters arising under
this Act and no other court shall
entertain and try any such suit.

1) The exclusive competence of the

Family Courts shall also extend to
criminal cases arising out of:

2) Offences punishable under this

Act;

3) Contravention of clause b) of sub-

section 1) of section 3 of this Act, being
offence punishable under section 494
of the Indian Penal Code;

4) Offences punishable under

sections 493. 495, 496, 497, 498-A of
the Indian Penal Code; and

5) Offences punishable under section

5 and 6 of the Child Marriage Restraint
Act and offences relating to domestic
violence.

6) When exercising jurisdiction under,

sub-section 1), the Family Court shall
have all the powers of an ordinary civil
court of unlimited pecuniary jurisdiction.
The procedure shall be as laid down in
the code of Civil Procedure except that
on the date of the first appearance of
the parties a time-schedule shall be

(103)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
worked out which shall not be departed
from same for grave an exceptional
reasons however, that the entire
proceedings; including the
pronouncement of judgement shall be
concluded within six months from the
date of institution.

7) When exercising jurisdiction under

sub-section 2), the Family Court shall
have all the powers of a magistrate of
the First Class and may pass any
sentence which may be passed by the
Court of a Chief Judicial Magistrate.
The procedure shall be as laid down in
the code of Criminal Procedure except
that on the date of the first appearance
of the accused a time schedule shall
be worked out which shall not be
departed from save or grave and
exceptional reasons so however that the
entire proceedings including the
pronouncements of judgement shall be
concluded within six months from the
date of institution.

The following additional

recommendations have been made:

i) Grant of maintenance should

include provisions for residence for
women

ii) There must be speedy settlement

of disputes and there should be a fixed
time limit for disposal of the cases by
the Family Courts

(104)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
iii) Judges and other court stall must
be gender sensitized through appropriate
training

iv) Family Courts can also take the

help of NGOs in the settlement of
disputes

v) Counsellers should be appointed

on a permanent basis and should be
given training

vi) Family Courts should follow simple

procedures which should not create
hurdles to justice

vii) Drafting of the application or

complaint may be done in the vernacular
language

viii) Appearance of the Lawyers may

be permitted in the Family Courts subject
to a proviso that in case the Court feels
that the Lawyer is getting the matter
adjourned and delaying the process, the
court may have power to terminate his
Vakalatnama asking the party to engage
another Lawyer to pursue the matter.
With this much control un-necessary
adjournment may be avoided.

ix) There should be an informal

atmosphere in the Family Courts and
the Family Courts should not work like
any other Civil Courts

x) Qualified social workers and social

activists, having para legal training may
also be considered for appointment as
judges of the Family Courts

(105)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
xi) To bring uniformity in the Rules
of Family Courts, all over the country,
a Drafting Committee may be set up
to draft the rules. Drafting Committee
may also devise the sample draft of
the application normally filed in the
Family Court which include application
under section 125.

xii) Every district should have Family

Courts. Attempts should be made to
bring around all States to ensure the
establishment of Family Court in every
district.

xiii) Good practices such as facilities

like children complex etc. should be
introduced in all Family Courts.
Necessary infrastructure should be
provided at the time of institution of
the Family Courts.

xiv) A uniform model rules should be

prepared for the appointment of judges
in Family Courts. Judges can also act
as a counsel at the second stage of
counsellng.

xv) A women should be allowed to

file a case in the Family Court in the
district or state where she resides not
necessarily at the place where the
marriage took place or where the
husband resides.

There should be more judges and courts

if the work so demands to handle the
litigations effectively.

(106)
 THE CHILD MARRIAGE RESTRAINT ACT, 1929
Existing Provisions
1 2
Section 3: Punishment for male adult
below twenty one years of age marrying
a child - being a male of above eighteen
years and below twenty one years,
contracts a child marriage shall be
punishable with simple imprisonment
which may extend to fifteen days or
with fine which may extend to one
thousand rupees or with both.
Section 4: Punishment for male adult
above twenty years of age marrying a
child - punishable with simple
imprisonment which may extend to three
months and shall also be liable to fine
Section 5: Punishment for solemnizing
a child marriage – Whoever perform,
conducts or directs any child marriage
shall be punishable with simple
imprisonment which may extend to three
months and also liable to fine, unless
he proves that he had reason to believe
that the marriage was not a child
marriage.
Section 6: Punishment for parent or
guardian concerned in a child marriage:
i) where a minor contracts a child
marriage, any person having charge of
the 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
Suggested Amendments by NCW General Suggestions and Remarks
3
Section 3: Punishment for male adult Section 3: Punishment for male adult
below twenty one years of age marrying below twenty one years of age marrying
a child - being a male of above eighteen a child – To make the punishment
years and below twenty one years, stringent so that Act may become an
contracts a child marriage shall be effective deterrent.
punishable with simple imprisonment
Section 4: Punishment for male adult
which may extend to three months or
above twenty years of age marrying a
with fine which may extend to one
child - To make the punishment stringent
thousand rupees or with both.
so that Act may become an effective
Section 4: Punishment for male adult deterrent.
above twenty years of age marrying a
Section 5: Punishment for solemnizing
child - punishable with simple
a child marriage - To make the
imprisonment of a minimum period of
punishment stringent so that Act may
15 days, which may extend to a period
become an effective deterrent.
of one year and shall also be liable to
fine Section 6: Punishment for parent or
guardian concerned in a child marriage
Section 5: Punishment for solemnizing
and those who knowingly attended/
a child marriage – Whoever performs,
participated in a child marriage - To
conducts or directs any child marriage
negate the approval of child marriage
shall be punishable with simple
by the society. Participation by society,
imprisonment of a minimum period of
the parents or guardian may think that
15 days, which may extend to one year
the society has given its approval.
and also liable to fine, unless he proves
that he had reason to believe that the Section 6A: Marriage of a Minor to be
marriage was not a child marriage. void in certain circumstances – To
provide that when a minor is taken out
Section 6: Punishment for parent or
of the keeping of the lawful guardian
guardian concerned in a child marriage
or induced to go from any place or
and those who knowingly attended/
sold and subsequently made to go
participated in a child marriage: i)
through a form of marriage such
Where a minor contracts a child
marriage shall be void.
marriage, any person having charge of
the minor, whether as parent or Section 13: To make the implementation
(107)
 Existing Provisions
1 2
prevent it from being solemnized, shall
be punishable with simple imprisonment
which may extend to three months and
shall also be liable to fine:
Provided that no woman, shall be
punishable with imprisonment.
2) For the purpose of this Section,
it shall be presumed, unless child
marriage, the person having charge of
such minor has negligently failed to
prevent the marriage from being
solemnized.
Section 7: Offences to be cognizable
for certain purposes - The Code of
Criminal Procedure, 1973 ( 2 of 1974)
shall apply to offences under this Act
as if they were cognizable offences -
a) for the purpose of investigation of
such offences and b) for the purpose
of matters other than i) matters referred
to in Section 42 of that Code, and ii)
the arrest of a person without a warrant
or without an order of a Magistrate.
Amendments of the Indian Penal Code,
1860:
Section 361: Kidnapping from lawful
guardianship - Whoever takes or entices
any minor under sixteen years of age
if a made, or under eighteen years of
age if a a female, or any person of
unsound mind, out of the keeping of
the lawful guardian of such minor or
person of unsound mind, without the
consent of such guardian, is said to
Suggested Amendment by NCW General Suggestions and Remarks
3
guardian, or in any other capacity, lawful and provisions of the Act more stringent
or unlawful, who does any act to and deterrent. Use of the world ‘shall’
promote the marriage or permits it to would make it mandatory for the State
be solemnized including attendance/ Government to appoint such officer.
participation in child marriage, or
Amendment of Section 361: To remove
negligently fails to prevent it from being
the differentiation of age for male and
solemnized, shall be punishable with
female child; to provide for definition
simple imprisonment of a minimum of
of ‘Consent’ (which shall not include
15 days which may extend to one year
consent obtained by force, deceitful
and shall also be liable to fine:
means or payment of money or other
Provided that no woman, shall be consideration or which is otherwise
punishable with imprisonment. against the interest of the minor or
person of unsound mind) and omit the
2) For the purpose of this Section,
Exception which, in the opinion of the
it shall be presumed, unless and until
Commission does not serve any purpose.
the contrary is proved, that where a
minor has contracted a child marriage, Section 362 A: To make the offence of
the person having charge of such minor abduction with an illegal intent
has negligently failed to prevent the punishable.
marriage from being solemnized.
Section 373: Insertion of a new section
After Section 6, the following Section 373 A in the Code of the effect that
shall be inserted: selling or otherwise disposing of a minor
for consideration shall be punishable
6A: Marriage of a Minor to be void in
offence.
certain circumstances:
Where a minor: a) Is taken or enticed
out of the keeping of the lawful
guardian; or b) by force compelled, or
by any deceitful means inducted, to go
from any place; or c) sold for the
purpose of marriage; and subsequently
made to go through a form of marriage,
such marriage shall be null and void
so declared by a decree of nullify
provided this is done within one year
(108)
 Existing Provisions
1 2
kidnap such minor or person from lawful
guardianship.
Explanation: the words ‘lawful guardian’
in this section include any person
lawfully entrusted with the care or
custody of such minor or other person.
Exception: This section does not extend
to the act of any person who in good
faith believes himself to be the father
of an illegitimate child, or who in good
faith believes himself to be entitled to
the lawful custody of such child, unless
such act is committed for an immoral
or unlawful purpose.
Section 362: Abduction – Whoever by
force compels, or by any deceitful means
induces, any person to go from any
place, is said to abduct that person
Section 373: Buying minor for purposes
of prostitution, etc - Whoever buys,
hires or otherwise obtains possession
of any person under the age of eighteen
years with intent that such person shall
at any age be employed or used for
the purpose of prostitution or illicit
intercourse with any person or for any
unlawful and immoral purpose, or
knowing it to be likely that such person
will at any age be employed or used
for any such purpose, shall be punished
with imprisonment of either description
for a term which may extend to ten
years, and shall also be liable to fine.
Suggested Amendment by NCW General Suggestions and Remarks
3
of the minor child becoming 165 years
of age.
Section 7: Offences to be cognizable-
An offence punishable under this Act
shall be deemed to be a cognizable
offence within the meaning of the Code.
Section 13: The following sections shall
be added - i) The State Government
shall, by notification in the Official
Gazette, appoint for the whole State
or for such part thereof as may be
specified in that notification, an officer
to be known as Child Marriage
Prevention Officer. ii) It shall be the
duty of the Child Marriage Prevention
Officer :
1. To prevent marriages being
performed in contravention of the
provisions of this Act by taking such
action under this Act as he deems fit;
2. To collect evidence for the
effective prosecution of persons
contravening provisions of this Act’ and
3. To discharge such other functions
as may be assigned to him/her by the
State Government.
4. The State Government may, by
notification in the official Gazette, invest
the Child Marriage Prevention Officer
with such powers of a police officer as
may be specified in the notification and
the Child Marriage Prevention Officer
shall exercise his/her powers subject to
(109)
 Existing Provisions
1 2
Explanation - I: Any prostitute or any
person keeping or managing a brothel,
who buys, hires or otherwise obtains
possession of a female under the age
of eighteen years, shall until the contrary
is proved, be presume to have obtained
possession of such female with the
intent that she shall be used for the
purpose of prostitution.
Explanation – II: ‘Illicit intercourse’
has the same meaning as in section
372.
Suggested Amendment by NCW General Suggestions and Remarks
3
such limitation and conditions as may
be specified in the notification.
Section 13 -A: Officer appointed under
the Act to be public servant - The
Child Marriage Prevention Officer
appointed under Section 13 shall be
deemed to be public servant within the
meaning of Section 21 of the Indian
Penal Code (XLV of 1860).
Section 13-B: Protection of action taken
in good faith - No suit, prosecution
or other legal proceedings shall be
against the Child Marriage Prevention
Officer appointed under this Act in
respect of anything in good faith done
or intended to be done in pursuance
of this Act or of any rules or orders
made hereunder.
Section 14: Power to make rules - The
State Government may, by notification
in the official Gazette, make rules, for
the purposes of carrying out the
provisions of this Act and a Panchayat
level Officer may be appointed as Child
Marriage Prevention Officer.
Amendment of Section 361: a) for the
opening portion, the following shall be
substituted viz – ‘ Whoever takes or
entices any minor under eighteen years
of age or any person of unsound mind,
out of the keeping of the lawful guardian
of such minor or person of unsound
mind, without the consent of such
guardian, is said to kidnap such minor
(110)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
or person’. b) the Explanation shall
be renumbered as Explanation I and
after the Explanation as to renumbered,
the following Explanation shall be
inserted viz The word ‘consent’ in the
section shall not include consent
obtained by force, deceitful means or
payment of money or other
consideration or which is otherwise
against the interest of the minor or
person of unsound mind. c) the
Exception shall be omitted.

Insertion of a new Section 373 A after

section 373: The following section shall
be inserted viz 373-A - Selling or
buying of minors other case. Whoever,
in a case not under section 372 or 373
- a) sells or otherwise disposes off for
consideration any person under the
eighteen years; or b) buys or otherwise
obtains for consideration the possession
of any such person; shall be punishable
with imprisonment of either description
for a term which may extend to seven
years and shall also be liable to fine.

(111)
 THE FOREIGN MARRIAGE ACT, 1969
Existing Provisions
1 2
Section 2: Definition - a) ‘Degrees of
prohibited relationship’ shall have the
same meaning as in the Special
Marriage Act, 1954’, b) ‘district’ in
relation to a marriage officer, means
the area within which the duties of
his officer are to be discharged, c)
‘foreign country’ means a country or
place outside India and includes a ship
which is for the time being in the
territorial waters of such a country or
place, d) ‘marriage officer’ means a
person appointed under Section 3 to
be a marriage officer, e) ‘official house’
in relation to a marriage officer means
- i) the official house or residence of
the officer, ii) the office in which the
business of the officer is transacted,
and iii) a prescribed place and f)
‘prescribed’ means prescribed by rules
made under this Act.
Section 4: Conditions relating to
solemnization of foreign marriages -
a marriage between parties one of whom
at least is a citizen of India may be
solemnized under this Act by or before
a Marriage Officer in a foreign country,
if, at the time of the marriage, the
following conditions are fulfilled, viz -
a) neither party has a spouse living, b)
neither party is an idiot or a lunatic,
c) the bridegroom has completed the
age of twenty-one years and the bride
Suggested Amendments by NCW General Suggestions and Remarks
3
Short Title: Throughout the Act, for the
word ‘solemnized’ wherever it occurs,
the word ‘performed’ shall be
substituted, and such amendments as
the rules of grammer may require shall
also be made.
Section 2 – Definition: Clause a) of
Section 2 shall be omitted.
Section 4: Substitute the following –
Conditions relating to performance of
foreign marriage - A marriage between
parties one of whom at least is a citizen
of India may be performed under this
Act, by or before a Marriage Officer in
a foreign country, if the following
conditions are fulfilled at the time of
marriage, namely – a) such person, in
the case of a male, has completed the
age of twenty-one years, and in the
case of a female, has completed the
age of eighteen years; b)neither party
has a spouse living; c) the parties to
the marriage do no fall within the
degrees of prohibited relationship; d)
both the parties have consented to do
the marriage.
Explanation - i) For the purpose of this
section ‘consent’ shall not be valid if
such consent is - a) obtained by force
or fraud; or b) if either of the parties
is incapable of giving consent by reason
of unsoundness of mind. ii) two persons
(112)
 Existing Provisions
1 2
the age of eighteen years at the time
of the marriage ; and d) the parties
are not within the degrees of prohibited,
relationship.
Provided that where the personal law
or a custom governing at least one of
the parties permits of a marriage
between them, such marriage may be
solemnized, notwithstanding that they
are within the degrees of prohibited
relationship.
Section 18: Matrimonial reliefs to be
under Special Marriage Act, 1954 -
1) Subject to the other provisions
contained in this section, the provision
of Chapter IV, V, VI and VII of the Special
Marriage Act, 1954, shall apply in
relation to marriages solemnized in a
foreign country between parties of whom
one at least is a citizen of India as
they apply in relation to marriages
solemnized under that Act. 2) Every
petition for relief under Chapter V or
Chapter VI of the Special Marriage Act,
1954, as made applicable to the
marriages referred to in sub-section,
1) shall be presented to the District
Court within the local limits of whose
ordinary civil jurisdiction.
Explanation: In this Section ‘District
Court’ has the same meaning as in the
Special Marriage Act, 1954.
Section 18 (3): Nothing contained in
this section shall authorize any Court -
Suggested Amendment by NCW General Suggestions and Remarks
3
are within the ‘degrees of prohibited
relationship’ - a) if one is a lineal
ascendant or descendant of the other;
or b) if one was the wife or husband of
a lineal ascendant or descendant of
the other; or c) if the two are related
as brother and sister.
Section 18: a) For the Short title and
sub-section 1) the following shall be
substituted viz; ‘Matrimonial reliefs to
be under the Marriage Act, 1994’.
Section 1): Subject to the other
provisions contained in this section, the
provisions of sections 8,9,10,11 and
12 of the Marriage Act, 1994 shall apply
in relation in marriages performed in
a foreign country between parties of
whom one at least is a citizen of India,
as they apply in relation to marriages
performed under that Act.
Section 18: b) For the words and
‘Chapter V or Chapter VI of the Special
Marriage Act, 1954’, the words and
figures ‘sections 8, 9, 10 and 11 of the
Marriage Act 1994’ shall be substituted;
ii) For the words ‘the District Court’
the words ‘the Family Court’ shall be
substituted; iii) For the ‘Explanation’
the following Explanation shall be
substituted viz ‘Explanation’ - In this
section ‘Family Court’ has the same
meaning as in the Marriage Act, 1994.
c) In clause d) of sub-section 3), for
the words and figures ‘Chapter V or
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 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
a) to make any decree of dissolution Chapter VI of the Special Marriage Act,
of marriage, except where - i) the 1954’, the words and figures ‘section
parties to the marriage are domiciled 8,9,10 and 11 of the Marriage Act 1994’
in India at the time of the presentation shall be substituted. d) In sub-section
of the petition, or ii) the petition, being 4) for the words and figures, ‘the Special
the wife, was domiciled in India Marriage Act, 1954’ the words and
immediately before the marriage and figures ‘the Marriage Act, 1994’ shall
has been residing in Indian for a period be substituted.
of not less than three years immediately
proceeding the presentation of the
petition, b) to make any decree
annulling a voidable marriage, except
where - i) the parties to the marriage
are domiciled in India at the time of
the presentation of the petition, ii)
the marriage was solemnized under this
Act and the petitioner being the wife,
has been ordinarily resident in India
for a period of three years immediately
preceding the presentation of the
petition; c) to make any decree of nullify
of marriage in respect of a void marriage
except where - i) either the parties
to the marriage is domiciled in India
at the time of the presentation of the
petition, or ii) the marriage was
solemnized under this Act and the
petitioner is residing in India at the
time of presentation of the petition d)
to grant any other relief under Chapter
V or Chapter VI of the Special Marriage
Act, 1954, except where the petitioner
is residing in India at the time of the
presentation of the petition.

(114)
 Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
Section 18 (4): Nothing contained in
sub-section 1) shall authorize any court
to grant any relief under this Act in
relation to any marriage in a foreign
country not solemnized under it, if the
grant of relief in respect of such
marriage (whether on any of the grounds
specified in the special Marriage Act,
1954 or otherwise) is provided for under
any other law for the time being in
force.

Section 29: Amendments incorporated

in the Special Marriage Act, 43 of 1954.

(115)
 THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970
Existing Provisions
1 2
Section 1 - Short title, extent,
commencement and application - Sub-
section 4) It applies - a) to every
establishment in which twenty or more
workmen are employed or were
employed on any day of the preceding
twelve months as contract labour, b)
to every contractor who employed or
who employed on any day of the
preceding twelve months twenty or more
workmen - Provided - that the
appropriate Government may, after
giving not less than two months notice
of its intention so to do, by notification
in the Official Gazette, apply the
provisions of this Act to any
establishment or contractor employing
such number of workmen less than
twenty as may be specified in the
notification. Sub section 5) - a) it
shall not apply to establishments in
which work only of an intermittent or
casual nature is performed. b) if a
question arises whether work performed
in an establishment is of an intermittent
or casual nature, the appropriate
Government shall decide that question
after consultation with the Central
Board, or, as the case may be, State
Board, and its decision shall be final.
Explanation - For the purpose of this
sub-section, work performed in an
establishment shall not be deemed to
Suggested Amendments by NCW
Section 1: Short title, extent,
commencement and application - Sub-
section 4) of Section 1) shall be deleted.
Also sub-section 5) of Section 1) shall
be deleted. Explanation shall be
deleted.
Section 2: Definition - An explanation
shall be added in clause c) of sub-section
1) of Section 2 ) as below: Explanation
- The word contractor includes both a
licensed and a non-licensed contractor.
This section will read as: c) ‘contractor’,
in relation to an establishment, means
a person who undertakes to produce a
given result for the establishment, other
than a mere supply of goods or articles
of manufacture to such establishment,
through contract labour or who supplies
contract labour for any work of the
establishment and includes a sub-
contractor. Explanation – The word
contractor includes both a licensed and
a non-licensed contractor.
Section 2: i) This ceiling of Rs.500/-
shall be removed. A suitable amount
be replaced, determined by the
appropriate government consistent with
the living index and the sale of inflation.
Section 3: Central Advisory Board -
After the proviso of this section another
proviso shall be added which will read
as - ‘Provided further that at least
(116)
General Suggestions and Remarks
3
Sub - section 4) of Section – 1) To
widen the scope of application of this
Act. Application of this Act should not
be limited to the establishment in which
only twenty or more workmen are
employed. It should also not exclude
the establishments in which work of
intermittent or casual nature is
performed. These provision deprive the
workmen from the benefit of this Act
if there is less than twenty workmen in
any establishment and work of
intermittent or casual nature is
performed.
Consequential amendment in respect
to Sub-section 5) of section 1).
Section 2: Definition – For the sake of
clarity that the word contractor includes
both licensed and non-licensed
contractor. B) - The ceiling of Rs.500/
- is too low considering the present
rate of inflation. It should be reasonably
enhance.
Section 3: Another proviso - To give
equal participation to women in decision
making process.
Section 4: Another proviso - To give
equal participation to women in decision
making process.
Section 15: Appeal - To ensure that
the matter be looked into judicially.
 Existing Provisions
1 2
be of an intermittent nature - i) if is
was performed for more than one
hundred and twenty days in the
preceding twelve months, or ii) if it is
of a season character and is performed
for more than sixty days in a year.
Section 2: Definitions - c) ‘contractor’
in relation to an establishment, means
a person who undertakes to produce a
given result for the establishment, other
than a mere supply of goods or articles
of manufacture to such establishment,
through contract labour or who supplies
contract labour for any work of the
establishment and includes a sub-
contractor. d)…., e)….., i)….., ii)…..,
iii)….., f)….., g)……, i)….., ii)…….,
iii)….., iv)……h)…., i) ‘workmen’ means
any person employed in or in connection
with the work of any establishment to
do any skilled, semi-skilled manual,
supervisory, technical or clerical work
for hire or reward, whether the terms
of employment be express or implied,
but does not include any such person
– A) ……, B) who, being employed in
a supervisory capacity drawn wages
exceeding five hundred rupees per
mensem or exercises, either by the
nature of the duties attached to the
office or by reason of the powers vested
in him, functions mainly of a managerial
nature; or C)….
Section 15: 1) Any person aggrieved
by an order made under Section 7,
Suggested Amendment by NCW General Suggestions and Remarks
3
half of the members nominated shall Section 17: Rest-rooms - Separate
be women’. shelters/rest-rooms for male and female
workers would ensure privacy and better
Section 4: State Advisory Board - After
relaxation amongst the workers of both
the proviso of this section another
sex. Moreover, when the Act provide
proviso shall be added which will read
male and female workers separate
as - ‘Provided further that at least
facilities for urinals, toilets, washing
half of the members nominated shall
places, storing and drying wet clothes
be women’.
(suggested), then separate shelters/rest-
Section 15: Appeal - Following section rooms would be appreciated.
shall be substituted - i) any person
Section 18: Other Facilities - The
aggrieved by an order made under
liability to maintain a crèche should
section 7, section 8, section 12 or
not be linked with the number of women
section 14 may, within thirty days from
workers employed in a factory. Instead,
the date on which the order is
it should be linked with the number of
communicated to him, prefer an appeal
workers, whether male or female.
to the court of Additional District Judge
or a specially appointed Judicial Officer Section 21: To ensure the timely
by the appropriate government. payment of wages to the workmen as
Provided that the court or specially It is generally observed that they are
appointed judicial officer may entertain not paid proper wages on time.
the appeal after the expiry of the said
Section 26: Cognizance of offences -
period of thirty days, if he is satisfied
To give a right to file the complain to
that the appellant was prevented by
an aggrieved person and to an
sufficient cause from filing the appeal
organisation working for social cause.
in time. ii) On receipt of an appeal
Section 31: Power to exempt in special
under sub-section 1), the Court/ specially
cases - As it grants unfettered discretion
appointed Judicial Officer shall, after
to the appropriate government to
giving the appellant an opportunity of
exempt the application of the Act to
being heard dispose of the appeal as
certain establishment.
expeditiously as possible.
Section 17: Rest – rooms - In sub-
section 1) of Section 17 after the words
‘rest room’ the words ‘separately for
male and female’ shall be inserted. 1)
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 Existing Provisions
1 2
section 8, section 12 or section 14 may,
within thirty days from the date on which
the order is communicated to him, prefer
an appeal to an appellate officer who
shall be a person nominated in this
behalf by the appropriate Government.
Provided - that the appellate officer
may entertain the appeal after the expiry
of the said period of thirty days, if he
is satisfied that the appellant was
prevented by sufficient cause from filing
the appeal in time 2) On receipt of an
appeal under sub-section 1), the
appellate officer shall after giving the
appellant an opportunity of being heard
dispose of the appeal as expeditiously
as possible.
Section 17: Rest – rooms – 1) In every
place wherein contract labour is required
to halt at night in connection with the
work of an establishment - a) to which
this Act applies; and b) in which work
requiring employment of contract labour
is likely to continue for such period as
maybe prescribed. These shall be
provided and maintained by the
contractor for the use of the contract
labour such number of rest-rooms or
such other suitable alternative
accommodation within such time as may
be prescribed. 2) The rest-rooms or
the alternative accommodation to be
provided under sub-section 1) shall be
sufficiently lighted and ventilated and
shall be maintained in a clean and
comfortable condition.
Suggested Amendment by NCW General Suggestions and Remarks
3
In every place wherein contract labour
is required to halt at night in connection
with the work of an establishment – c)
to which this Act applies, and d) in
which work requiring employment of
contract labour is likely to continue for
such period as may be prescribed. There
shall be provided and maintained by
the contractor for the use of the contract
labour such number of rest-rooms
separately for male and female or such
other suitable alternative
accommodation with in such time as
may be prescribed. 2) The rest-rooms
or the alternative accommodation to
be provided under sub-section 1) shall
be sufficiently lighted an ventilated and
shall be maintained in a clean and
comfortable condition.
Section 18: Other Facilities - For
clause a) of Section 18 following clause
shall be substituted - b) a sufficient
number of latrines and urinal, separately
for male and female of the prescribed
types so situated as to be convenient
and accessible to the contract labour
in the establishment; and for clause c)
of section 18 following clause shall be
substituted - c) washing facilities
separately for male and female. A new
clause d)shall be inserted - viz d) crèche
for women with infants and young
children.
Section 20: Liability of principal
employer in certain cases - For Section
(118)
 Existing Provisions
1 2
Section 18: Other Facilities - It shall
be the duty of every contractor
employing contract labour in connection
with the work of an establishment to
which this Act applies, to provide and
maintain - a) a sufficient supply of
wholesome drinking water for the
contract labour at convenient places;
b) a sufficient number of latrines and
urinals of the prescribed types so
situated as to be convenient and
accessible to the contract labour in the
establishment and; c) washing facilities.
Section 20: Liability of principal
employer in certain cases - 1) If any
amenity required to be provided under
section 16, section 17, section 18 or
section 19 for the benefit of the contract
labour employed in an establishment
is not provided by the contractor within
the time prescribed therefore, such a
amenity shall be provided by the
principal employer within such time as
may be prescribed. 2) All expenses
incurred by the principal employer in
providing the amenity may be recovered
by the principal employer from the
contractor either by deduction from any
amount payable to the contractor under
any contract or as a debt payable by
the contractor.
Section 21 : Responsibility for payment
of wages - 1) A contractor will be
responsible for payment of wages to
each worker employed by him as
Suggested Amendment by NCW General Suggestions and Remarks
3
20 the following shall be substituted -
i) If any amenity required to be provided
under section 16, section 17, section
18 or section 19 for the benefit of the
contract labour employed in an
establishment shall be provided by the
principal employer within such time as
may be prescribed. ii) All expenses
incurred by the principal employer in
providing the amenity may be recovered
by the principal employer from the
contractor either by deduction from any
amount payable to the contractor under
any contract or as a debt payable by
the contractor.
Section 21: Responsibility for payment
of wages - i) It shall be the duty of
the principal employer to make payment
of wages to the contract labour
employed by the contractor and such
wages shall be paid before the expiry
of such period as may be prescribed.
ii) The Principal Employer shall recover
the amount so paid under section 1)
from the contractor either by deduction
from the amount payable to the
contractor under any contract or as a
debt payable by the contractor.
Section 26: Cognizance of offences -
Following section shall be substituted
– ‘No Court shall take cognizance on
any offence under this Act except on
a complain made by, or with the previous
sanction in writing of the inspector or
any person aggrieved or by a voluntary
(119)
 Existing Provisions
1 2
contract labour and such wages shall
be paid before the expiry of such period
as may be prescribed. 2) Every principal
employer shall nominate a any offence punishable under this Act.
representative duly authorized by him
to be present by the contractor and it
shall be the duty of such representative
to certify the amount paid as wages in
such manner as may be prescribed. 3)
It shall be the duty of the contractor
to ensure the disbursement of wages
in the presence of the authorized
representative of the principal employer.
4) In case the contractor fails to make
payment of wages within the prescribed
period or make short payment, then
the principal employer shall be liable
to make payment of wages in full or
the unpaid balance due, as the case
may, to the contract labour employed
by the contractor and recover the
amount so paid from the contractor
either by education from any amount
payable to the contractor under any
contract so as a debt payable by the
contractor.
Section 26: Cognizance of offences -
No Court shall take cognizance of any
offence under this Act except on a
complaint made by, or with previous
sanction in writing of, the inspector and
no court inferior to that of a Presidency
Magistrate or a magistrate of the first
class shall try any offence punishable
under this Act.
Suggested Amendment by NCW General Suggestions and Remarks
3
organisation and no court inferior to
that of a Presidency Magistrate or a
magistrate of the first class shall try
Section 27: Limitation of prosecutions
- the following shall be substituted -
This section will read as ‘No Court shall
take cognizance of an offence
punishable under this Act unless the
complaint thereof is made within
reasonable time from the date on which
the alleged commission of the offence
came to knowledge of an inspect.
Explanation - It will be the discretion
of the court to decide that what would
be the reasonable time depending on
the merit of the cares but is should
not be less than 3 months in any case.
Section 28: Inspecting Staff - An
explanation shall be added after sub-
section i) of Section 28 as below:
Explanation - Whenever a premises /
establishment being inspected is
expected to have women contract labour,
the inspecting staff should include a
woman inspector.
Section 31: Power to exempt in special
cases - Shall be deleted.
In addition the Commission also
recommends the following:
On account of the peculiar nature of
their employment the contract labourers
are denied the fruits of the various
legislation social legislations like
(120)
 Existing Provisions
1 2
Section 27: Limitation of prosecutions
- No Court shall take cognizance of
an offence punishable under this Act
unless the complain thereof is made
within three months from the date on
which the alleged commission of the
offence came to the knowledge of an
inspector. Provided – that where the
offence consists of disobeying a written
order made by an inspector, complaint
thereof may be made within six months
of the date of which the offence is
alleged to have been committed.
Section 28: Inspecting Staff – 1) The
appropriate government may, by
notification in the Official Gazette,
appoint such persons as it thinks fit to
be inspectors for the purposes of this
Act, and define the local limits within
which they shall exercise their powers
under this Act. 2) Subject to any rules
made in this behalf, an inspector may,
within the local limits for which he is
appointed.
Section 31: Power to exempt in Special
Cases - The appropriate Government
may, in the case of an emergency, direct,
by notification in the Official Gazette,
that subject to such conditions and
restrictions, if any, and for such period
or periods, as may be specified in the
notification, all or any of the provisions
of this Act or the rules made there
under shall not apply to any
establishment or class of establishments
or any class of contractors.
Suggested Amendment by NCW General Suggestions and Remarks
3
Employees State Insurance Act, 1948,
Equal Remuneration Act, 1976,
Minimum Wages Act, 1948 and
Maternity Benefits Act, 1961. This was
also observed by the Supreme Court in
the Female Workers case reported in
2000 (3) SCC 224. In this view of the
matter is recommended that:
a) the contract labourers are
extended all the benefits that are
extended to a regular employee under
labour and welfare legislations.
b) all debts owed by them to their
contractors be waived
c) contract laborers be treated as
workmen within the meaning of the
Workmen’s Compensation Act 1923 for
accidents arising during the course of
employment
d) provisions of the Industrial
Disputes Act 1947 be applicable to the
matters related to contract labourers
e) principles of equal work for equal
pay as envisaged in Article 39 (d) of
the Constitution should be specifically
incorporated in the Act.
f) women labour/welfare officers be
compulsorily provided in establishment
having strength of more than
100employees.
g) Women workers should not be
made to work for more than 12 hours
in a working day and they should not
be compelled to work in the nights.
(121)
 THE INDIAN DIVORCE ACT, 1869

Existing Provisions Suggested Amendments by NCW General Suggestions and Remarks

1 2 3

Section 74 (1) of the proposed Christian

Marriage Bill, 1999 (Government of
India Draft) says- 1) The Indian Divorce
Act, 1869, the Indian Christian Marriage
Act, 1872, the Indian and Colonial
Divorce Jurisdiction Act, 1940, the
Indian Divorce Act, 1945, and any
enactment corresponding to the Indian
Christian Marriage Act, 1872, in force
in the territories which, immediately
before the first day of November 1956,
were comprised in the State of
Travancore-Cochin and Manipur, are
here repealed.

‘By virtue of the4 above provision, once

the referred Bill is passed in the
Parliament and becomes an Act, the
Indian Divorce Act, 1869 will be
repealed’.

The Commission, therefore, proposes to

drop the above referred Act from the
pending list of the Acts which the
Commission is reviewing.

(122)
 AMENDMENT TO THE JUVENILE JUSTICE (CARE & PROTECTION OF
CHILDREN) ACT, 2000
Existing Provisions
1 2
Section 32 (1) of the Act regarding
production of a child before the Child
Welfare Committee.
Section 33 (1) of the Act regarding
inquiry about a child.
Sub –section 4) and 6) of the Section
41 of the Act regarding adoption.
Section 56 of the Act regarding
authorities competent to discharge and
transfer a Juvenile or a child from one
Children’s Home to another.
Section 59 (2) regarding leave of
absence to any Juvenile or the child,
on special occasions like examination,
marriage of relatives, death of kith and
kin or the serious illness of parent or
any emergency of like nature.
Suggested Amendments by NCW General Suggestions and Remarks
3
Section 32: 1) After sub-section 1) of
section 32 of Act, the following proviso
shall be added viz ‘Provided that the
Child shall be produced before the
Committee without any loss of time but
within a period of 24 / 48 hours of
child coming to notice excluding the
journey time’. 2) In sub-section 1) (i)
of Section 32, the words ‘any police
officer’ shall be deleted.
Section 33: In sub-section 1) of section
33, the words ‘or any police officer’
occurring after the words ‘the
Committee’, shall be deleted.
Section 56: In Section 56 of the Act,
the words, ‘or the local authority’
occurring after the words, ‘the
competent authority’ shall be deleted.
Section 57: 1) Also the words ‘or the
local authority’ occurring after ‘the State
Government’ in Section 57 of the Act,
shall be deleted.
Section 59: In Sub-section 2) of Section
59, of the words, ‘for maximum seven
days’ shall be replaced by the words,
‘for a period generally not exceeding
seven days’.
List of Acts & Legislation
1. The Infant Milk Substitutes, Feeding
Bottles and Infant Foods (Regulation of
(123)
Existing Provisions Suggested Amendment by NCW General Suggestions and Remarks
1 2 3
Production, supply and Distribution) Act,
1992.

2. The Maternity Benefit Act, 1961

(53 of 1961).

3. The Married Women’s Property

Act, 1874 (3 of 1874).

4. The Legal Practitioners (Women)

Act, 1923.

5. Juvenile Justice Act, 1986

6. The Indian Divorce Act, 1969 (4

of 1969)

7. The Contract Labour (Regulation

& Abolition) Act, 1979.

8. The Child Labour (Prohibition and

Regulation) Act, 1986.

9. The Beedi and Cigar Workers

(Conditions of Employment) Act, 1966.

10. The Cinematograph Act, 1952.

11. The Payment of Wages Act, 1936.

12. The Plantation Labour Act, 1951.

13. The Workmen’s Compensation Act,

1923.

(124)
 PART - B

BILLS PROPOSED
 THE MARRIAGE BILL, 1994
Introduction to Marriage Bill

Why do we want an Indian Marriage Act?

Matrimonial relations are part of the way society organizes and regulates itself. This is true to all civil
society regardless of the religion of the parties. Therefore, there should be one law to govern the status of
matrimony.

2. Secondly, most of the problems that arise in matrimonial relationship are universal. They may additionally
be culture specific, which is not necessarily specific to the religion of the parties. It is important to find
the common thread running through this most universal legal relationship and deal with it within Civil
Law.

3. Thirdly, it is necessary to give emphasis to the fact that rights and duties within matrimony are part of
one’s civil rights and duties and subject tot the overall law of the land, especially the Constitution of
India. It is, therefore necessary to have one law of marriage for all of India.

4. Fourthly, it is necessary to avoid confusion about the basic prerequisites of a legally valid marriage and
its consequent status, regardless of the religion, caste and customs of the two parties. This also applies
to divorce.

5. Fifthly, it is necessary in order to avoid confusion amongst administrators of law and justice about the
prerequisites of marriage and divorce.

6. It is therefore necessary to have one clear law on marriage and divorce. The Indian Marriage Act will,
it is hoped deal with the above situations.

{As approved by the Expert Committee on Laws in its meeting held on 18-19/8/1994}

The Marriage Bill, 1994

A bill to consolidate and amend the law relating to marriages in India, and to provide for their compulsory
registration.

Be it enacted by Parliament in the Forty-fifth year of the Republic of India as follows :

1. Short title, extent, applicability and commencement :-

(1) This Act may be called the Marriage Act, 1994.

(2) It extends to the whole of India.

(3) It applies to all marriages performed in India and to all persons irrespective of race, religion, caste
or creed of the parties.

(127)
 (4) It shall come into force immediately on the expiry of three months from the date of assent of the
Bill by the President.

2. Overriding effect of Act :- Except to the extent expressly provided hereafter, the provisions of this Act
shall have overriding effect over all laws in force and all such laws shall cease to have effect in so far
as they are inconsistent with the provisions contained in this Act.

Explanation – The expression ‘law in force’ includes all customs or usages having the force of law and
all personal laws.

3. Conditions for marriage

A marriage may be performed between any person of the male sex and any person of the female sex,
if the following conditions are fulfilled at the time of marriage, namely :-

(a) Such person, in the case of a male, has completed the age of 21 years, and in the case of a
female, has completed the age of 18 years;

(b) Neither party has a spouse living;

(c) The parties to the marriage do not fall within the degrees of prohibited relationship;

(d) Both the parties have consented to the marriage;

Explanation – For the purposes of this section,

(i) ‘consent’ shall not be valid if such consent is –

(a) obtained by force or fraud; or

(b) if either of the parties is incapable of giving consent by reasons of unsoundness of mind.

(ii) two persons are within the “degrees and prohibited relationship” –

(a) if one is a lineal ascendant or descendant of the other; or

(b) if one was the wife or husband of a lineal ascendant or descendant of the other; or

(c) if the two are related as brother and sister.

4. Performance of marriage

(1) A marriage may be performed by both the parties appearing before a Marriage Officer at his
office or at such other place within a reasonable distance from the Marriage Office as the parties
to the marriage may desire, in the presence of three witnesses, by signing a declaration that the
parties fulfill the conditions contained in section 3 by subscribing to an oath in the presence of
the Marriage Officer in a language understood by the parties stating that each takes the other
as his or her lawful wife or husband.

(128)
 (2) A marriage may also be performed by the parties in any other form chosen by them.

(3) Where a marriage has been performed under sub-section (2), both the parties to the marriage
shall sign a declaration to the effect that they fulfill the conditions laid down in section 3 and that
the marriage has been duly performed.

(4) The declaration referred to in sub-section (3) shall be signed in the presence of three witnesses
who attended the marriage and may include the priest, kazi or other functionary who performed
the marriage.

(5) The duly executed declaration shall thereafter be forwarded by the parties to the marriage or by
any person on their behalf, to the Marriage Officer within three days of the performance of the
marriage.

(6) A marriage performed under the provisions of this section shall not be called in question on the
ground that –

(a) the parties thereto do not belong to the same religion or caste; or

(b) that any religious or customary rite has not been performed or any practice has not been
followed.

5. Registration of marriage

(1) Where a marriage has been performed in accordance with the provisions of sub-section (1) of
section 4 or where the Marriage Officer receives a declaration referred to in sub-section (5) of
that section, he shall forth with register the marriage by entering the particulars of the marriage
in the Marriage Register which shall be a permanent Register to be kept in the custody of the
Marriage Officer.

(2) The Marriage Officer shall, within a period of fifteen days of registration of marriage under sub-
section (1), issue to each of the parties to the marriage a Marriage Certificate.

6. Correction or cancellation of entry in the marriage register

(1) If it is proved to the satisfaction of the Marriage Officer that any entry in the marriage register
or in the marriage certificate is erroneous, he may, subject to such correction not affecting the
validity of the marriage, correct the error by suitable entry in the margin with signature, date and
seal and issue a fresh certificate of marriage.

(2) No such correction shall be made unless the parties to the marriage certificate shall be presumptive
proof that the marriage has been validly performed.

7. Effect of Registration

(1) Entry in the Marriage Register in respect of a marriage or a marriage certificate shall be presumptive
proof that the marriage has been validly performed.

(129)
 (2) If there is no entry in the Marriage Register regarding a marriage it shall presumed that no such
marriage has been performed.

(3) Any person whose marriage is registered under section 5 shall not be subject to any disabilities
including disability in regard to the right of succession to the property of any other person.

(4) Children born during the subsistence of a marriage registered under section 5 shall not be subject
to any disabilities including any disability in regard to the right of succession to the property of
any person.

8. Void marriage

(1) Any marriage performed after the commencement of this Act shall be void if either or both the
parties to the marriage do not fulfill any of the conditions specified in section 3.

(2) Where a marriage is void under sub-section (1), either party to the marriage may, on presentation
of a petition to the court, obtain a declaration to the effect.

9. Voidable marriage

(1) Any marriage performed after the commencement of this Act shall be voidable and may be so
declared by a decree of nullity on a petition presented by either party to the marriage within one
year of the discovery of the fact, that the other party was impotent at the time of the marriage
and such impotence was not within the knowledge of the petitioner.

(2) Any marriage performed after the commencement of this Act shall be voidable and may be so
declared by a decree of nullity on a petition presented by either of the parties within six months
of the date of marriage, if –

(i) the other party willfully refuses to consummate the marriage; or

(ii) the wife was, at the time of the marriage, unknown to the husband, pregnant by some
person other than the husband and the husband had no sexual intercourse with the wife
after the discovery of the fact of pregnancy.

10. Dissolution of marriage by mutual consent

(1) Both parties to a marriage performed before or after the commencement of this Act may jointly
present to the court a petition for dissolution of marriage on the ground that they have mutually
agreed that the marriage should be dissolved and that they have been living separately for a
period not less than three months.

(2) On the motion of both the parties made not earlier than six months after the date of the
presentation of the petition referred to in sub-section (1) and not later than twelve months after
the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied,

(130)
 after hearing the parties and after making inquiry as it thinks fit, that the averments in the
petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from
the date of the decree.

11. Dissolution of marriage on other grounds

(1) Either party to a marriage performed before or after the commencement of this Act may present
a petition before the Court the dissolution of such marriage and the court may grant a decree for
dissolution of marriage on any of the following grounds, namely :-

(i) the mutual incompatibility of the parties is such that it is no longer fair to the parties or
either of the parties to kept the marriage alive; or

(ii) the other party has, after the performance of the marriage, had voluntary sexual intercourse
with any person other than his or her spouse, and the petition for dissolution of marriage
is presented within six months of the discovery of such fact; or

(iii) has after the performance of marriage, treated the petitioner with the other party cruelty;
or

(iv) the other party has voluntarily and without reasonable cause deserted the petitioner without
his or her consent for a continuous period of not less than two years immediately preceding
the presentation of the petition, or

(v) the other party has willfully neglected the petitioner for a continuous period of one year
immediately preceding the presentation of the petition; or

(vi) the other party has become addicted to intoxicating liquor or stupefying drugs so as to
render the petitioner’s life miserable or difficult; or

(vii) the other party has taken to a life of crime; or

(viii) the other party is guilty of rape, sodomy or bestiality, including attempts or abetment
thereof; or

(ix) the other party is undergoing sentence of imprisonment for seven years or more for an
offence punishable under any law for the time being in force; or

(x) the other party has been suffering from Acquired Immune Deficiency Syndrome (AIDS),
sexually transmitted disease or leprosy in a communicable form any of the aforesaid diseases
not having been contracted from the petitioner; or

(xi) the other party has been, for a period of not less than one year, of unsound mind or has
been suffering continuously or intermittently from mental disorder of such a kind and to
such an extent that the petitioner cannot reasonably be expected to live with him or her;
or

(131)
 (xii) the other party has not been heard of for a period of three years or more by those persons
who would normally have heard of him or her, if her or she had been alive.

12. Limitation

Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any
portion for dissolution of marriage by a decree of divorce, unless at the date of presentation of the petition
one year has elapsed since the date of the marriage.

13. Marriage Officer and District Registrar of Marriages

(1) The Marriage Officer for any geographical area, for the purposes of this Act, shall be the person
competent to make entries in the Register of Births and Deaths for that area or such other person
as may be designated as Marriage Officer for that area by the State Government.

(2) There shall be a District Registrar of Marriages for every district who may be such officer as may
be appointed by the State Government or, in the absence of such appointment, the District
Registrar of Assurances.

(3) The duties of a Marriage Officer shall be those which he is required to perform under this Act
and the rules made thereunder.

(4) The Marriage Officer shall forward to the District Registrar of Marriages copies of the entries in
the Marriage Register in duplicate and one set of all such returns arranged area-wise shall be kept
as permanent record in the custody of the District Registrar of Marriages.

(5) The Marriage Officer may within two months of the making of any entry in the Marriage Register
correct any error which may have crept into such entry provided that no such correction shall be
made unless the parties of the marriage or their legal representatives have been given a reasonable
opportunity of being heard. Copies of the corrected entry shall be communicated to the District
Registrar of Marriages and dealt with in the manner specified in sub-section(4).

14. Maintenance, residence, etc. of spouses pendent lite and thereafter

(1) where a petition for relief under the provisions of this Act is presented, the Court may make
appropriate interim orders for the maintenance, residence, litigation, medical and other necessary
expenses of either spouse which may be rescinded, varied or suspended from time to time.

(2) The Court may at the time of passing of the decree, either allowing or rejecting the petition, make
appropriate orders for the residence, maintenance, medical and other necessary expenses of
either spouse. Such order may direct the payment of a gross sum of money, the payment of a
periodical sum, the payment partly of a gross sum and partly for a periodical sum, the settlement
of property with absolute or life interests, the allotment of the whole or part of the matrimonial
home, the allotment of other residential accommodation belonging to the family or to the possession
of which either spouse is entitled, the payment of a gross and/or a periodical sum towards

(132)
 procurement and rent of suitable residential accommodation and /or such other adequate provision
for maintenance, residence, medical and other expenses as the Court may deem expedient.

15. Custody, maintenance, etc., of children of marriage pendente lite and thereafter

Where a petition under the provisions of this Act is presented, the Court may, from time to time, during
the pendency of such petition, at the time of the passing of the decree either allowing or rejecting the petition
or thereafter, make appropriate orders for the custody, maintenance, education, medical and other expenses
of the children of the marriage. Such orders may be revoked, varied or suspended from time to time. The order
for the custody of the children shall be in accordance with the provisions of the Minority and Guardianship
Act, 1994.

16. Status of children of void, voidable and dissolved marriage

Notwithstanding anything contained in any other law for the time being in force, the children of a
marriage declared void or voidable by this Act or dissolved under the provisions of this Act shall be considered
legitimate children of the parties to the marriage for all purposes including succession to the property of either
of the parties to the marriage and they shall not be subjected to any disability whatsoever.

17. Penalties

(1) Any person who is required to forward the declaration specified in sub-section (5) of section 5 to
the Marriage Officer and fails to do so within the time prescribed shall be punishable with
imprisonment which may extend to two years or with fine or with both :

Provided that were the declaration is not forwarded within three days but is forwarded within one
month after the marriage, such offence may be compounded by the Marriage Officer on payment
of a compounding fee calculated at the rate of one hundred rupees for each day’s delay.

(2) Any person who forwards a false declaration relating to a marriage to a Marriage Officer or who
makes a false declaration before a Marriage Officer shall be punishably with imprisonment of
either description which shall not be less than one month, which may extend to seven years or
with fine or with both.

(3) Any person who procures the making of false entries in a Marriage Register shall be punishable
with imprisonment of either description which may extend to seven years with fine or with both.

(4) Any Marriage Officer who fails to make entries in the Register of Marriage as provided in sub-
section (1) of section 13 or who knowingly makes false entries in the Register, shall be punishable
with imprisonment of either description which may extend to seven years or with fine or with both.

(5) Any person who destroys, mutilates or tampers with the Register of Marriages or any entry therein
shall be punishable with imprisonment of either description which may extend to seven years or
with fine or with both.

(133)
 (6) An attempt to commit or the abetment of any of the offences specified in sub-sections (1), (2),
(3), (4) or (5) shall be punishable in the same manner as the offences under the respective sub-
sections.

(7) Any person who fails to comply with the order of the Court passed under section 14 or section
15 shall be punished with imprisonment of either description which shall not be less than three
months but which may extend to seven years or with fine which shall not be less than the amount
of maintenance due.

(8) When the Court imposes a sentence of fine or sentence of which the fine forms a part, the Court
may while passing the judgement, order the whole or any part of the fine recovered to be paid
to the petitioner in lieu of the maintenance which is due to the applicant recovered to be paid
to the petitioner in lieu of the maintenance which is due to the applicant.

18. Court to which petition should be made:-

(1) Every petition under this Act shall be presented to the Family Court with the local limits of whose
original civil jurisdiction-

(i) the marriage was performed; or

(ii) the respondent, at the time of the presentation of the petition resides; or

(iii) the parties to the marriage last resided together or

(iv) the petitioner is residing at the time of the presentation of he petition, in case where the
respondent is, at that time, residing outside the territories to which this Act extends or has
not been heard of as being alive for a period of seven years by those who would naturally
have heard of him if he were alive.

(2) Without prejudice to any jurisdiction exercisable by their Court under sub-section (1) the Family
Court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories
to which this Act extends for nullify of marriage or for divorce if she is resident in the said
territories and has been ordinarily resident, there in for a period of three years immediately
proceeding the presentation of the petition and the husband is not resident in the said territories.

19. Family Courts

(1) There shall be one or more Courts designated as Family Courts in every district who shall have
exclusive competence to entertain and try suits in respect of all matters arising under this Act and
no other court shall entertain and try any such suit.

(2) The exclusive competence of the Family Courts shall also extend to criminal cases arising out of-

(i) Offences punishable under this Act ;

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 (ii) Contravention of clause (b) of sub-section (1) of section 3 of this Act, being offence
punishable under section 494 of the Indian Penal Code;

(iii) Offences punishable under section 493,495,496,497,498,498-A of the Indian Penal Code;
and

(iv) Offences punishable under section 5 and 6 of the Child Marriage Restraint Act, and offences
relating to domestic violence.

(3) When exercising jurisdiction under, sub-section (1), the Family Court shall have all the powers of
an ordinary civil court of unlimited pecuniary jurisdiction. The procedure shall be as laid down in
the code of Civil Procedure except that on the date of the first appearance of the parties a time-
schedule shall be worked out which shall not be departed from save for grave and exceptional
reasons however that the entire proceedings including the pronouncement of judgement shall be
concluded within six months from the date of institution.

(4) When exercising jurisdiction under sub-section(2), the Family Court shall have all the powers of
a magistrate of the First Class and may pass any sentence which may be passed by the Court of
a Chief Judicial Magistrate. The procedure shall be as laid down in the Code of Criminal Procedure
except that on the date of the first appearance of the accused a time schedule shall be worked
out which shall not be departed from save or grave and exceptional reasons so however that the
entire proceedings including the pronouncements of judgement shall be concluded within six
months from the date of institution.

20. Appeal

There shall lie an appeal to the High Court from every final judgement to the Family Court. The period
of limitation for filing an appeal shall be thirty days from the date of the decree and such appeal shall be
heard and disposed of within three months from the date of filing of the appeal.

21. Rules

(1) The Central Government may make rules for the purpose of giving effect to the provisions of the
Act by publication in the Gazette of India.

(2) The High Court may make rules for the purpose of giving effect to the provisions of section 19
sub-section (3) and (4) and section 20.

22. Repeal.

The Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936, the Muslim Personal
Law (Shariat) Application Act, 1937, Dissolution of Muslim Marriage Act, 1939, in so far as it applies to
marriage, dissolution of marriage including talaq, ila, zihar, lian, khula and mubaratt, the Special Marriage
Act, 1954, the Hindu Marriage Act 1955, and the Muslim Women (Protection of Rights on Divorce) Act, 1986
shall stand repealed and the General Clauses Act, 1897 shall apply to such repeal.

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23. Consequential amendments to Act 33 of 1969 –

The Foreign Marriage Act, 1969 shall stand amended as directed in the Schedule.

The Schedule

1. Throughout the Act, for the word “solemnized” wherever it occurs, the word “performed” shall be
substituted, and such amendments as the rules of grammer may require shall also be made.

2. clause (a) of section 2 shall be omitted.

3. For section 4, substitute

4. Conditions relating to performance of foreign marriages. – A marriage between parties one of whom
atleast is a citizen of India may be performed under this Act, by or before a Marriage Officer in a foreign
country, if the following conditions are fulfilled at the time of marriage, namely :-

(a) such person, in the case of a male, has completed the age of twenty-one years; and in the case
of a female, has completed the age of eighteen years;

(b) neither party has a spouse living;

(c) the parties to the marriage do not fall within the degrees of prohibited relationship.

(d) both the parties have consented do the marriage,

Explanation – For the purpose of this section, “consent” shall not be valid if such consent is –

(a) obtained by force or fraud; or

(b) if either of the parties is incapable of giving consent by reason of unsoundness of mind.

(ii) two persons are within the “degrees of prohibited relationship” –

(a) if one is a lineal ascendant or descendant of the other; or

(b) if one was the wife or husband of a lineal ascendant or descendant of the other ; or

(c) if the two are related as brother and sister;

In section 18

(a) For the Short title and sub-section (1), the following shall be substituted, namely:

“Matrimonial relief’s to be under the Marriage Act, 1994.

(1) Subject to the other provisions contained in this section, the provisions of sections 8,9,10,11
and 12 of the Marriage Act, 1994 shall apply in relation to marriages performed in a foreign
country between parties of whom one atleast is a citizen of India, as they apply in relation
to marriages performed under that Act.”

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 (b) In sub-section (2),

(i) for the words and “Chapter V or Chapter VI of the Special Marriage Act, 1954”, the words
and figures” sections 8,9,10 and 11 of the Marriage Act 1994” shall be substituted.

ii) For the words “the District Court” the words “the Family Court” shall be substituted.

(iii) For the “Explanation” the following Explanation shall be substituted, namely:

Explanation –In this section, “Family Court” has the same meaning as in the Marriage Act, 1994 :

(c) In clause (d) of sub-section (3), for the words and figures “Chapter V or Chapter VI of the Special
Marriage Act, 1954”, the words and figures “section 8, 9, 10 and 11 of the Marriage Act, 1994”
shall be substituted.

(d) In sub-section (4), for the words and figures, “the Special Marriage Act, 1954” the words and
figures “the Marriage Act, 1994” shall be substituted.

5. Section 29 shall be omitted.

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 THE DOMESTIC VIOLENCE TO WOMEN (PREVENTION) BILL

Introduction

The Committee of Experts considered aspects pertaining to domestic violence with a view to providing
legal remedies to the distressed victims, taking note of the Indian conditions. It recommends the accompanying
Draft Bill, titled, “The Domestic Violence to Women (Prevention) Bill” for adoption. The background relating
to domestic violence and the salient features of the Draft Bill are given below:

2. The term “domestic violence” is wide and encompasses in it scope all types of violence resorted to within
the precincts of a home whether by male or female members of a family. But the overwhelming majority
of victims of domestic violence are women. To be sure all such acts are punishable under the provisions
of the Indian Penal Code, 1861. Nonetheless resort to the general law of the land is very seldom made
by the women-victims of domestic violence owing to a variety of factors. Some of these factors are :
a) close familial relationship b) dependency, financial or otherwise, c) lack of legal literacy, and d)
helplessness of the victims. Most of these cases go unreported and give rise to serious human problem.

3. Studies have pointed out that family violence is cyclic and is apt to pass from one generation to another;
that children who had experienced violence are more likely to be violent towards wife and children in
their adult-life, and that in order to reduce societal violence, it is necessary to reduce violence within
the family.

4. A prominent type of domestic violence in India is dowry-related domestic violence. In recent years
considerable number of legislations were enacted and amendments to legislations were made to curb
the evil. The Criminal Law (Second Amendment) Act, 1983 introduced the new offence of cruelty under
section 498-A; section 174 of the Criminal Procedure Code was amended to secure post mortem in case
of death or suicide of a married girl; section 113-A was inserted in the Indian Penal Code. In view of
these specific legislative provisions, the Draft Bill limits itself to other forms of domestic violence against
women.

5. Domestic violence has been given a wide definition. It includes not only conduct which amounts to
cruelty but also includes any act which is unbecoming of the dignity of the women. Clause 3 of the Draft
Bill states that the provisions of the Domestic Violence to Women (Prevention) Act are in addition to and
not in derogation of any other law.

6. The Committee considered the “Model Law Against Domestic Violence” of the Lawyers Collective sent
by Ms. Indira Jaising. The Draft sent by her is heavily based on Lisa G. Lerman’s “A Model State Act:
Remedies for Domestic Abuse” published in Harvar Journal of Legislation. This Model State Acts does
not at all take into consideration the social milieu and conditions in India. For this reason the Model
State Law was found to be unsuitable. The other foreign legislation noticed by the Committee was the
Domestic Violence and Matrimonial Proceedings Act, 1976 of the U.K. Under this a party to a marriage

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 is entitled to get an injunction from a Country court restraining the other party from molesting the
applicant or a child living with the applicant. The injunction may also contain a provision excluding the
other party from the matrimonial home or any part of it. Further, if the judge is satisfied that actual
bodily harm has been caused to the party to a marriage or a child of the spouse, it may attach a power
of arrest to the injunction for its breach; thereby a constable is empowered to arrest a person committing
the breach of the injunction without a warrant.

7. Some of the factors which inhibit or discourage women-victims from seeking the available legal remedies
have been mentioned before. The approach of the Draft Bill to meet these problems may be pointed
out.

8. On of the major difficulties faced by victims of domestic violence is their inability to approach the courts
for relief as they (courts) are located in urban centres. This is specially so in case of victims drawn from
rural areas. The Draft defines a “court” in wide terms as including a Family Court, a Civil Court and
a Mahila Panchayat consisting of three women members of a Gram Panchayat, if so declared by a State
Government. The creation of Mahila Panchayats as courts takes note of the socio-cultural context that
prevails in rural areas and will help in rendering speedy justice in cases of domestic violence.

9. The existing delays in getting a legal remedy in cases of domestic violence discourage a victim, or a
relation of the victim or a social worker who wants to aid the victim from seeking relief. Therefore clause
4 of the Draft Bill proposes a time-frame in the matter of disposal of the petitions. First, if the court
is satisfied on a consideration of the statement made in the petition, it can forthwith make a Protection
Order, even ex-parte, and fix a date for further consideration of the petition. Second, in case it is not
satisfied with the statement made in the petition, it will fix a date without making an order; but the date
so fixed should not be more than 7 days from the date of issue of notice to the concerned persons. Sub-
clause 8 of clause 4 of the Draft envisages that the court should dispose of the petition expeditiously
and not later than 3 months from the date of filing of the petition.

10. Experience shows that lack of living accommodation primarily makes a woman suffer silently the battering
given by the husband or other male relative. To meet this difficulty clause 5 of the Draft Bill says that
the Protection Order direct that the woman shall live separately from her husband and the matrimonial
home be given to the wife for her separate living. The term “matrimonial home” includes accommodation
that is rented as well as belonging to the joint family. The Draft also envisages that in case the battered
woman is unmarried or widow or divorce, the Protection Order will direct separate living accommodation
be provided for her living. Lack of financial support and fear of losing the custody of children force
victims of violence to lead a captive existence. To overcome this the clause 5 empowers the court to
grant maintenance to the wife and children living with her, and give directions with respected to “such
other matters as may be considered necessary”.

11. The Draft envisages a key-role to Protection Officers. The term Protection Officer cover not only an
officer appointed by the State Government but also any institution or organization designated by the

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 State Government to perform the functions of a Protection Officer in relation to an area. Thus it
envisages a role to non-governmental organizatios in combating the problem of domestic violence. If,
the helpless conditions of women does not permit her to file a petition for Protection Order, any person
on her behalf or a Protection Officer can file a petition for securing the remedies.

The Domestic Violence to Women (Prevention) Bill, 1994

A Bill

To provide for the prevention of domestic violence to women and for matters connected therewith or
incidental thereto

Be it enacted by Parliament in the Forty-fifth Year of the Republic of Idnia as follows:

1. Short title, extent and commencement

(1) This Act may be called the Domestic Violence to Women (Prevention) Act, 1994.

(2) It extends to the whole of India.

(3) It shall come into force on the 1st day of January, 1995.

2. Definitions

In this Act, unless the context otherwise requires.

(a) “Court” means, in any area for which there is a Family Court established under the provisions of
the Family Court established under the provisions of the Family Courts Act, 1984, that Court, and
in any other area, the principal civil court of original jurisdiction, and includes any civil court or
a Mahila Panchayat consisting of three women members of a Gram Panchayat which the State
Government may, by notification, specify as the court competent to deal with all or any of the
matters specified in this Act:

(b) “domestic violence” means any of the following acts committed on a woman by her husband or
any of his or her relatives, namely

(i) any willful conduct which -

(A) is of such a nature as is likely to drive the woman out of the house or commit suicide
or to injure herself; or

(B) causes injury or danger to the life, limb or health (whether mental or physical) of the
woman; or

(ii) harassment which causes distress to a woman; or

(iii) any act which compels the woman to have sexual intercourse against her will either with
the husband or any of his relatives or with any other person; or

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 (iv) any act which is unbecoming of the dignity of the woman; or

(v) any other act of omission or commission which is likely to cause mental torture or mental
agony to the woman;

(c) “notification” means a notification published in the Official Gazette;

(d) “Prescribed” means prescribed by rules made under this Act;

(e) “Protection Officer” means an officer appointed by the State Government in relation to or for the
purposes of this Act and includes any institution on organization designated by the Government
to perform the functions of a Protection Officer under this Act, in relation to an area;

(f) “Protection Order” means an order made under this Act for the protection of a woman subject
to domestic violence and for such other provisions like separate stay, maintenance and the
prevention of further domestic violence;

(g) “relative” includes any person related by blood, marriage or adoption.

3. Act not in derogation of any other law;

The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other
law, for the time being in force.

4. Presentation of petition to Court

(1) Any woman subject to domestic violence or any other person on her behalf or a Protection Officer
may, without prejudice to the provisions of this Act, or of any other law for the time being in force,
present a petition to the court for the passing of a Protection orer.

(2) A petition presented under sub-section (1) shall, among other things, contains the following
particulars, namely:

(a) the name and particulars of the woman subject to domestic violence or if the petition is
presented by any other person, the particulars also of such other person;

(b) the name and address of the husband or the relative who has committed domestic violence.

(c) the nature of domestic violence;

(d) all other particulars which would be necessary for the issue of a Protection Order.

(3) On receipt of a petition under sub-section (1), and on consideration of the statements made
therein, and the evidence produced, if the Court is satisfied that a Protection Order may properly
be madeforthwith, it may make such order ex-parte, and shall fix a date for further consideration
of the petition.

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 (4) If, on consideration of the petition under sub-section (3), the Court is not so satisfied, it shall fix
a date for further consideration of the petition without making any Protection Order.

(5) The notice of the date fixed under sub-section (3) or sub-section (4), which shall be more than
seven days from the date of issue of such notice, shall be given to the petitioner, or if the
petitioner is not the woman subject to violence, to the woman and the Protection Officer, her
husband or the relative who has been committing domestic violence and to any other person to
whom in the opinion of the Court, such notice shall be given.

(6) A notice given under sub-section (3) or sub-section (4) shall be served on all the persons to whom
it is intended, sufficiently in advance of the date of hearing, and if is not possible for any reason
to serve such notice on any of the parties, it shall be pasted on the main door of the premises
in which the person to whom the notice is intended is known to have last resided or worked for
gain, in accordance with the provisions specified in the Code of Civil Procedure, 1908 for such
service, and any notice so served shall be deemed to have been validly served on the party to
whom it is intended to be served and shall not be called in question in any court on the ground
that the notice had not been validly served.

(7) On the date fixed under sub-section (3) or sub-section (4) or on such date or dates to which the
hearing may be adjourned and after hearing the parties, the Court is satisfied that the woman is
subjected to domestic violence, it may pass a Protection Order, and if it is not so satisfied, it shall
dismiss the petition setting forth the reasons for such dismissal;

(8) Every endeavour shall be made by the Court hearing the petition under this Act to dispose it of
expeditiously and in any case not later than three months from the date of presentation of the
petition.

(9) Where any of the parties to the petition so desire, the Court shall on an application made by such
party, conduct the proceedings in camera.

(10) A copy of the Protection Order shall be forwarded to the Protection Officer and to all the parties
concerned.

(11) A protection Order made under the section shall be in force for such period not exceeding four
years as the court may fix.

5. Contents of Protection Order

The Protection Order shall contain, among other things, the following matters, namely:

(a) directing the husband or the relative to desist from committing any domestic violence;

(b) directing in all cases that the wife live separately from her husband, alongwith the children, if any,
and the matrimonial home be given to the wife for her separate living;

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 Explanation For the purpose of this clause, “matrimonial home” means the accommodation in
which the husband and the wife lived together immediately before the presentation of the petition,
and if such accommodation happens to be rented or belonging to a joint family in which the
husband is a member, that house or part of the house;

(c) where the woman subject to domestic violence is unmarried, widow, divorcee or deserted, directing
that separate accommodation be provided for her living alongwith the children, if any;

(d) directing that the expenses of such separate living be borne by the husband or relative;

(e) directing the husband or relative to pay such maintenance to the wife or any children staying with
her;

(f) such other matters as may be considered necessary.

Explanation. For the removal of doubts, it is hereby declared that in the cases covered under clause (e),
no maintenance will be provided under any other law for the time being in force.

6. Duties of the Protection Officer

(1) It shall be the duty of the Protection Officer to make himself aware of all the domestic violence
being committed in the area for which he is appointed and try to settle it peacefully and amicably
between the parties.

(2) Without prejudice to sub-section (1), it shall be within the competence of the Protection Officer,
on an application presented to him by the woman subject to domestic violence or any other person
on her behalf to arrive at a mutual settlement or on the failure of the parties to arrive at any
settlement, to file a petition to the Court under this Act.

(3) It shall also be the duty of the Protection Officer to see that the provisions of the Protection Order
are complied with.

7. Protection Officer to be a public servant.

The Protection Officer shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.

8. Power to call for information of document.

The Protection Officer may, for the purposes of efficient performance of his duties specified in section
6, required any person or authority to furnish any information or document and it shall be the duty of such
person or authority to furnish such information or document.

9. Consequential amendment to the Indian Penal Code and the Code of Criminal Procedure 1973.

(1) In Chapter XX-A of the Indian Penal Code, 1860, after section 498-A, the following section shall
be inserted, namely,

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 ‘498-B. Husband or relative of husband or of he woman subjecting her to domestic violence.

Whoever, being the husband or the relative of the husband or of the woman, subjects such woman
to domestic violence shall be punished with imprisonment for a term which may extend to three
years and shall also be liable to fine.

10. Power to make rules

The State Government may by notification make rules to carry out the provisions of this Act.

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 THE ORPHAN AND DESTITUTE CHILDREN (ADOPTION) BILL 1994

Introduction

The various Non-Government Organizations and institutions concerned with the welfare of the children
in the country had been demanding the enactment of a law governing adoption so as to enable orphan and
destitute children to be adopted by affluent sections of the society in India so as to provide for them a healthy
environment and better opportunities for developing their faculties and to regulate the conditions governing
the adoption of children by foreigners.

2. The Central Government introduced two bills in Parliament one after another to provide for general
adoption in pursuance of the recommendations of the Law Commission of India. But they met with stiff
opposition and had to be dropped. The Hindu Adoption and Maintenance Act provides for adoption
among the Hindu community and there is no general law of adoption in the country. Taking into
consideration the necessity for a general Law of adoption and the possible objection it may also receive
as in the case of the earlier Bills, the National Commission for Women has prepared a Bill to provide
for adoption of Orphan and Destitute Children instead of a general adoption Bill. It is felt that such a
law would be accepted by Parliament and the general community at large. A copy of the Bill is produced
herewith. The provisions of the Bill were discussed in depth by the members of the Expert Committee
on Law and judiciary appointed by the National Commission and has also been approved by the National
Commission.

3. The titles to the Bill make it specifically clear that the objective of the Bill is the rehabilitation of orphan
and destitute children and to give them an opportunity for achieving a better life by enabling them to
be adopted. To eliminate or to meet certain possible objections that may be made by the minority
communities, suitable preamble has been included in the Bill to make it clear that the objective of the
Bill is to fulfill the Constitutional mandate as contained in the Directive Principles of State Policy. The
Bill provides for the adoption of children of both the sexes and the existence of one or more children
to the adoptive parents would not be a disqualification.

4. The Bill as mentioned above, provides for the adoption of only orphan and destitute children. All such
adoptions in future are to be made in accordance with the provisions of this Act and any adoption made
in contravention of this Act shall be void and of no effect. The adoption should be made under the
provisions of the proposed Bill by an Adoption Order made by the District Court on an application by
the person who intends to adopt. The qualifications for a person to adopt have also been indicated in
the Bill to include that the adoptive father should have completed 25 years of age and is of sound mind.
A married couple should adopt jointly and the proposed child should be younger to the adoptive parents
by at least 25 years. And child who is not already adopted and whose adoption has been revoked is
eligible to be adopted again under the provisions of this Act. The consent of the parents of necessary
before the adoption is made. The matters to be considered by the District Court before an Adoption

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 Certificate are required to be issued by the District Court. The proceedings will also be made in camera
and appeals against the order of the District Court would be to the High Court concerned. The Bill also
provides for the effect of making an adoption and sufficient provisions have also been made for
absorption of the adopted child by the adoptive family. The Bill also provides for licensing of institutions
as a social welfare institution under the proposed legislation which are at present unable to give in
adoption of their inmates. The institutions are required to obtain licenses issued by the State Government
and detailed, disciplinary provisions will be indicated in the Rules to be made by the State Government.
Special restrictions have also been indicated for the removal of children for adoption outside India.

The Orphan and Destitute Children (Adoption) Bill, 1994

A Bill

To provide for the rehabilitation of orphan and destitute children by giving them succour and an
opportunity for achieving a better life by enabling them to be adopted and for matters connected therewith
and incidental thereto;

2. Whereas a large number of orphan and destitute children are languishing in orphanages, other houses
and institutions and lodging for care, affection and protection in family surroundings which would enable
them to achieve a better life and obtain the necessary benefits and proper atmosphere, background and
education so essential to children of all ages so as to make them responsible citizens;

3. And whereas the Constitution of India enables the State to make special provision for children and also
enjoins the State to direct its policy towards securing, among other things, 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 adjustment;

4. And whereas one of the means to secure the objectives of providing healthy surroundings to children
so as to enable them to develop their mental faculties in a free and dignified manner is to allow such
orphan and destitute children, both female and male, to be adopted with the object or providing them
warmth and affection and above all, a better life;

5. And whereas the objective of allowing such adoption is only to provide for a better life to children,
children of both sexes should be permitted to be adopted and the existence of one or more children to
the person who intends to adopt or the adoption by him of more than one child should not be made
a disqualification so long as he is able to provide not all of them the necessary facilities;

6. And whereas it is necessary to regulate the practice and procedure relating to such adoption;

7. Now, therefore, it is enacted by Parliament in the Forty-fifth Year of the Republic of India as follows :-

1. Short title, extent and commencement

(1) This Act may be called the Orphan and Destitute Children (Adoption) Act, 1994.

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 (2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may by notification in the
official gazette, appoint.

2. Definitions.

In this Act, unless the context otherwise requires :-

(a) ‘ adoption order’ means an order made by the Court under section 5 for the adoption of a child;

(b) ‘child’ means an orphan and a destitute child;

(c) ‘District Court’ means the city civil court or a District Court within the local limits of whose
jurisdiction the child to be adopted ordinarily resides and includes any other Court specified by
the State Government to be a District Court;

(d) ‘guardian’ means a person having the care of the person of a child or of both his person and
property, and includes a guardian appointed by a will or other instrument executed by the child’s
father or mother, or approved or declared by a Court;

(e) ‘institution’ means a body of persons having under its control a child care centre, by whatever
name called, and licensed as a social welfare institution by the State Government;

(f) ‘natural father and ‘natural mother’ in relation to an adopted child refers to the biological parents
of the child;

(g) ‘orphan and destitute child’ means any child who has been abandoned by both his father and
mother, or by the guardian or by his father or mother, or whose parentage is not known, or whose
father and mother are dead or have completely and finally renounced and world or have been
declared by a Court of competent jurisdiction to be of sound mind.

(h) ‘parent’ in relation to an adopted child, means the adoptive parent’

(i) ‘prescribed’ means prescribed by rules made under this Act.

3. Existing laws to continue in force.

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time
being in force.

4. Adoptions to be regulated by this Act.

(1) Save as otherwise provided in any law for the time being in force, or in any custom, no adoption
of a child shall be made except in accordance with the provisions of this Act and any adoption
made in contravention of such provisions shall be void and of no effect.

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 (2) An adoption which is void shall not create any rights in the adoptive family in favour of any person
which he or she would not have acquired except by reason of the adoption, nor destroy the rights
of such person in the family of his or her birth.

5. Power to make adoption order.

(1) A child may be adopted under this Act by an adoption order made by the District Court in that
behalf and not in any other manner.

(2) Subject to the provisions of this Act, the District Court may, upon an application made in the
prescribed form and manner by any person for the adoption of a child, make an adoption order
in respect of such child.

6. Persons who may adopt.

(1) Any person who has completed the age of twenty-five years and is of sound mind may adopt a
child under this Act.

Explanation – In the case of adoption of child by spouses, the requirement as to age under this
sub-section shall be deemed to have been satisfied if either of the spouses has completed the age
of twenty-five years.

(2) A person who is married shall be entitled to adopt a child by himself or herself alone, but the
husband and wife, shall-jointly adopt a child.

(3) The person or each of the persons seeking to adopt a child shall be older than the child by atleast
twenty-one.

Provided that the District Court may dispense with the requirements of this sub-section in any case
if it is satisfied that there may be special circumstances which render it necessary to do so.

(4) For the removal of doubts; it is hereby declared that the existence of a child or children, whether
female or male, to the person who intends to adopt shall not, by virtue of such existence alone,
be a disqualification for adoption under this Act.

7. Persons who may be adopted.

(1) Any child who is not already adopted, or if adopted, such adoption has duly been revoked under
section 15 or is not married, may be taken in adoption.

(2) No adoption order shall be made where the sole applicant for an adoption is a male and the child
to be adopted is a female, unless the District Court is satisfied that there are other special
circumstances which justify the making of an adoption order.

8. Consent

An adoption order in respect of a child shall not be made :-

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 (a) in any case, except with the consent of the person who is his parent or guardian; or

(b) where the child is in the care of an institution, except with the consent of the institution given
on its behalf by its social worker, or in-charge of its management;

Provided that the District Court may dispense with the guardian’s consent, if it is satisfied that
the guardian –

(i) has abandoned, neglected or persistently ill-treated the child or has persistently failed,
without reasonable cause, to discharge the obligations of a guardian of the child; or

(c) Any consent to a adoption of a child given under this section shall not be withdrawn except with
the permission of the District Court.

9. Jurisdiction

Every application for an adoption order shall be made to the District Court having jurisdiction in the
place where the child ordinary resides.

10. Matters to be considered in making adoption orders.

(1) The District Court, before making in adoption order -

(a) shall be satisfied that every person or any institution whose consent is required under this
Act, has consented to and understood the nature and effect of adoption order.

(b) when the child is in the care and custody of an institution, the Court shall see that the child
is free for adoption, and for that purpose the Court shall ensure that the institution had
taken proper consent of child’s natural father or mother, or both, or of the guardian, as the
case may be, and they had understood that the effect of such consent will be permanently
to deprive them of their rights;

(c) that the child is properly “ committed” to the institution under the Juvenile Justice Act,
1986;

(d) shall satisfy itself that the order, if made will be for the welfare of the child;

(e) shall satisfy itself that the applicant has been properly evaluated by the institution or by way
of interview and home visit through a process called “Home Study” or “Family Assessment”;

(f) may recommend a suitable period for foster care, depending upon the circumstances of the
case

(g) may impose such terms and conditions like submission of follow up reports of otherwise as
it may think fit and in particular may require the adopter by bond or otherwise to make for
child such provision, if any, as in the opinion of the Court is just and proper for the financial
security of the child.

(149)
 (2) In determining whether an adoption order, if made, will be for the welfare of the child, the District
Court shall have regard ( among other things) to the health and the financial condition of the
applicant as evidenced, in such cases as may be prescribed, by the certificate of a registered
medical practitioner or from a bank of financial institution, as the case may be.

11. Adoption Order and Adoption Certificate

Upon satisfaction as specified in section 7, the District Court shall pass an adoption order and shall
issue an adoption certificate in the prescribed form.

12. Proceedings to be taken ‘in camera’

Subject to the provisions of this Act and the rules made thereunder, every application for an adoption
order and proceedings in relation to an adoption, shall be heard ‘in camera’ and shall be determined by the
District Court within a reasonable period from the date of such application.

13. Appeals

(1) Any person aggrieved by an order of the District Court allowing or dismissing an application for
an adoption order may, within thirty days from the date of such order, prefer an appeal to the
High Court.

(2) The High Court shall subject to the provisions of this Act, have the same powers, jurisdiction and
authority and follow the same procedure with respect to an appeal under this section as if the
appeal were an appeal from an original decree passed by the District Court.

14. Effect of adoption order.

(a) An adoption order shall take effect on such date as may be specified therein by the District Court
of where an appeal has been preferred under section 13 against such order, on such date as may
be specified in the appellate order.

(b) A child in respect of whom an adoption order is made shall be deemed to be the child of the
adopter or adopters, and the adopter or adopters shall be deemed to be the parent or parents
of the child as if the child had been born to that adopter or adopters in lawful wedlock for all
purposes and the parents will be entitled to maternity leave or adoption leave (leave at par with
maternity leave), that is to say, the adoptive father or the adoptive mother, as the case may be,
shall be entitled to leave for three months from the date of adoption:

Provided that-

(a) it shall not be competent for the adopted child to marry any person whom the child could
not have married if he or she had continued in the family of his or her birth;

(b) any property which vested in the adopter child immediately before the date of which the
adoption child subject to the obligations, if any, attaching to the ownership of such property
including the obligation, if any, to maintain the relatives in the family of his or her birth:

(150)
 (c) adopted children shall not be counted for any family planning measures.

(3) Notwithstanding anything contained in any other law, where the particulars relating to the birth
of a child in respect of which an adoption order is made have been registered under any law
relating to registration of births, the officer or authority for the time being empowered to give
certified extracts of such particulars shall, upon an application made by or on behalf of the child
and upon being satisfied that the adoption order in respect of the child has taken effect, issue
or cause to be issued a certificate of such particulars setting out the names of the adoptive
parents in place of the names of the natural parents of the child.

15. Special provision for protection of adopted children.

(1) The District Court-

(i) upon receiving from any person an application in the prescribed form in this behalf, or

(ii) upon a report by any officer authorized in this behalf by the State Government or

(iii) upon its own knowledge or information, may, by notice, requires the parent or a child
adopted under this Act to produce such child if the Court has reason to believe that the
Child.-

(a) is habitually neglected or subjected to cruelty; or

(b) lives or is made to live by begging; or

(c) lives or is made to live in circumstances calculated to cause, encourage or favour the
seduction or prostitution of the child, or is sexually abused; or

(d) frequents or is allowed to frequent the company of any prostitute, or of any smuggler,
thief of other criminal; or

(e) has been or is being or is likely to be taken out of India for any immoral purpose or
for any purpose detrimental to his welfare and interests; or

(f) has taken to criminal activities, indulges in drugs or alcoholic abuse; or

(g) in the event of the death of both the adoptive father and mother or of a single parent
who is the sole adopter;

and may, if it is satisfied that the revocation of the adoption is in the best interests
or the child, revoke such adoption.

Explanation: For the purpose of clause(a), cruelty in relation to an adopted child

includes any undue discrimination between him and his brothers or sisters in the
adoptive family in the matter of care, maintenance, training, education, provision of

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 money or property or in any matter connected with the physical, emotional or moral
well-being of the child.

2) Where the revocation of an adoption is made under sub-section(1), the Court shall either recommit
the child to the concerned placement agency or declare the child to be a ward of the Court.

3) In the event of the death of both the adoptive mother and father, or of a single parent who is
the sole adopter, the Court shall consider the will, if any, made, or wishes expressed by the parent
or parents and take such measure, including the appointment of a guardian to the child, to ensure
the lawful inheritance of the child.

16. Licensing Authority for institutions-

(1) There shall be a Licensing Authority in each State for licensing institutions as a social welfare
institution under this Act.

(2) The Licensing Authority for a State shall consist of the following members, namely:-

(a) a Chairperson, who shall be member of the State Social Welfare Board, if any, or President
or Secretary of the State Council of Child Welfare, if any, or an officer of the State Government
not below the rank of a Joint Secretary to that Government, to be appointed by the State
Government;

(b) not less than five other members to be appointed by the State Government, from amongst
persons who, in the opinion of the Government, have special knowledge or experience in
regard to matters relating to child welfare and administration of child welfare institutions:

Provided that not less than one-half of the members under this clause shall be women.

(3) The term of office of, the allowances, if any, payable to, and the other terms and conditions of
service of the chairperson and the other members of a Licensing Authority shall be such as may
be determined by the State Government.

(4) The quorum for the meetings of a Licensing Authority and the procedure to be followed by such
authority shall be such as may be determined by it.

(5) No act or proceedings of the Licensing Authority for any State shall be invalid by reason of the
existence of any vacancy in, or defeat in the composition of the Authority.

(6) All members of the Licensing Authority shall be deemed to be public servant within the meaning
of section 21 of the Indian Penal Code.

17. Licensing of institutions.

(1) It shall not be lawful for any body of persons to make any arrangements for the adoption of a
child unless that body is licensed as a social welfare institution under this Act:

(152)
 Provided that for a period of three months from the commencement of this Act, this sub section
shall not apply to any body of persons engaged in making such arrangements immediately before
such commencement.

(2) An application for being licensed as a social welfare institution may be made to the licensing
authority in such form and containing such particulars as may be prescribed.

(3) On the receipt of an application under sub-section (2), the licensing authority, after making such
inquiry as it thinks necessary, shall by an order in writing either grant the license or refuse to grant
it.

(4) Where a license is refused, the ground for such refusal shall be communicated to the applicant
in the prescribed manner.

(5) A license, unless sooner revoked, shall be in force for a period of three years from the date of
issue of the license and may, on an application made in this behalf sixty days before the date of
its expiry, be renewed for a like period:

Provided that a licence may be renewed on an application made within sixty days before the date
of expiry of the licence if the licensing authority is satisfied that there was sufficient cause for
not making an application earlier.

(6) Notwithstanding any thing contained in sub-section (5), the licensing authority may, for reasons
to be recorded in writing , grant or renew a licence under this section for a period less than three
years.

(7) Every licence granted under this Act shall be in the prescribed form and shall be subject to the
prescribed conditions.

(8) No fee shall be charged for the grant or renewal of a licence under this Act.

(9) A licence granted under this Act shall not be transferable.

18. Revocation of licence.

(1) The Licensing authority may, without prejudice to any other penalty which may have been incurred
under this Act, for reasons to be recorded in writing, revoke a licence granted under this Act-

(a) if any of the provisions of this Act or any of the rules thereunder relating to the grant of
licences or any of the conditions of the licence are contravened;or

(b) if the licensing authority is not satisfied with the conditions, management or superintendence
of the institution concerned:

Provided that before making an order of revocation, the licensing authority shall give the
holder of the licence a reasonable opportunity to show cause why the licence should not be
revoked.

(153)
 (2) Where a licencein respect of an institution has been revoked under sub-section (1), such institution
shall cease to perform any functions under this Act.

(a) where no appeal has been preferred , against the order of revocation, immediately on the
expiry of the period prescribed for the filing of such appeal.

(b) Where an appeal has been preferred but the order of revocation has been confirmed,
whether with or without any modifications, from the date of the appellate order.

(3) On the revocation of a licence in respect of an institution, the licensing authority may direct that
all children who are under the care and custody of the institution on the date of such revocations
hall be-

(a) transferred to another institution or institution; or

(b) placed in the care and custody of such person or persons as is in the opinion of the licensing
authority to be fit enough to be entrusted with the care and custody of children.

19. Appeal against orders of licensing authority

(1) Any person aggrieved by an order of the licensing authority granting or renewing a licence for a
period less than three years or refusing to grant or renew a licence or revoking a licence or by
a direction of the licensing authority may, with such time as may be prescribed, prefer an ppeal
to the State Government against such refusal, revocation or direction.

(2) The order of the State Government on such appeal, and subject only to such order, the order of
the licensing authority shall be final and conclusive.

20. Penalties.

Any person who contravenes any of the provisions of this Act or any of the rules made thereunder
relating to the grant of licence or any of the conditions of a licence, or any of one directions issued under
sub-section(3) of section 18 shall be punishable with imprisonment for a term which may extend to one year,
or with fine, or with both.

21. Prohibition of certain payments.

(1) Subject to the provisions of this section, it shall not be lawful for any person to make or give to
any other person any payment or reward for or in consideration of-

(a) the adoption by that person of a child: or

(b) the grant by that person of any consent required in connection with the adoption of a child;
or

(c) the transfer of that persons of the care and custody of a child with a view to the adoption
of a child; or

(154)
 (d) the making by that person of any arrangement for the adoption of a child.

(2) Any person who makes or gives or agrees or offers to make or give any payment or reward
prohibited by this section or who receives or agrees to receive or attempts to obtain any such
payment or reward, shall be punishable with imprisonment for a term which may extend to six
months, or with fine, or with both; and the court may order any child in respect of whom the
offence has been committed, to be removed to a place of safety until he can be restored to his
parents or guardian or until other arrangements can be made for him.

(3) This section does not apply to any payment made to an institution by a parent or guardian of a
child or by a person who adopts or proposes to adopt a child, being any payment in respect of
expenses reasonably incurred by the institution in connection with the adoption of the child or to
any payment or reward authorized by the court to which an application for an adoption order in
respect of a child is made.

22. Restrictions upon advertisements.

(1) Except with the leave of the court competent to entertain an application for an adoption order
in respect of a child, it shall not be lawful for any advertisement to be published indicating-

(a) that the parent or guardian of the child desire to cause the child to be adopted: or

(b) that a person desires to adopt the child; or

(c) that any person (not being an institution) is willing to make arrangements for the adoption
of the child.

(2) Any person who causes to be published or knowingly publishes an advertisement in contravention
of the provisions of this section shall be punishable with imprisonment for a term which may
extend to six months or with fine, or with both.

(3) In any proceeding under this section a report by an Indian consular officer or an Indian diplomatic
officer or a deposition made before an Indian consular officer or an Indian diplomatic officer and
authenticated under the signature of that officer shall be admissible as evidence of the matters
stated therein, and it shall not be necessary to prove the signature or official character of the
person who appears to have signed any such report or deposition.

24. Provisional adoption by person domiciled outside India.

(1) If upon an application made by a person who is not domiciled in India, the District Court is
satisfied that the applicant intends to adopt a child under the law of or within, the country in
which he is domiciled, and for that purpose desires to remove the child from India either immediately
or after an interval, the Court may make an order (in this section referred to as a provisional
adoption order) authorizing the applicant to remove the child for the purpose aforesaid and giving
to the applicant the case and custody of the child pending his adoption as aforesaid;

(155)
 Provided that no application shall be entertained unless it is accompanied by a certificate by the
Central Government to the effect that

(i) the applicant is in its opinion a fit person to adopt the child;

(ii) the welfare and interests of the child shall be safeguarded under the law of the country of
domicile of the applicant;

(iii) the applicant has made proper provision by way of deposit or bond or otherwise in accordance
with the rules made under this Act to enable the child to be repatriated to India, should it
become necessary for any reason.

(2) A provisional adoption order may be made under this section in any case where an adoption order
could be made in respect of the child under this Act but shall not be made in any other case.

(3) The provisions of this Act relating to an adoption order shall, as far as may be, apply in relation
to a provisional adoption order made under this section.

25. Power to make rules

(1) The State Government may, by notification in the Official Gazette, and after consultation with the
High Court, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules
may provide for —

(a) the form and the manner in which an application for an adoption order shall be made under
section 5;

(b) the procedure which may be followed in hearing applications by a District Court and the
circumstances in which and the extent to which such applications may be heard and determined
otherwise than in open court under sub-section (1) of section 10;

(c) the quorum for the meeting of a licensing authority and the procedure to be followed by
it.

Under sub-section (4) of section 16;

(d) the form and particulars of an application for a licence in respect of an institution under
sub-section (2) of section 17;

(e) the manner in which the ground for refusal of a licence shall be communicated to the
applicant under sub-section (4) of section 17;

(f) the form of licence in respect of institutions and the conditions thereof referred to in sub-
section (7) of section 17, the qualification of persons who may be engaged by institutions
to make arrangements for adoption, the provisions which should be complied with by institutions

(156)
 in regard to reception, care, protection and welfare of children under their control and the
inspection of records and premises of institutions;

(g) the time within which an appeal may be preferred to the State Government under section
19;

(h) the form in which, and the authorities to whom, an application for the certificate referred
to in the proviso to sub-section (1) of section 24 may be made; the provision which an
applicant for such certificate has to make for repatriation to India of the child to which the
application relates and the conditions which such an applicant has to comply with;

(i) any other matter for which provision has to be or may be made by rules.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the
legislature 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, the House or where there are two
Houses, both Houses agree in making any modification in the rule or the House 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; however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.

(157)
 THE CRIMINAL LAWS (AMENDMENT) BILL, 1994
(WITH REFERENCE TO CHILD RAPE)

Introduction

The National Commission for Women organized a Seminar on Child Rape which made a number of
recommendations both legislative and administrative. The legislative recommendations proposed amendments
to the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act 1872. These
amendments were examined and a Bill to give effect to the recommendations of the Seminar had been
examined by the Expert Committee on Law and Judiciary appointed by the National Commission and has also
been approved by the National Commission for Women. The Draft Bill as approved by the National Commission
is proposed herewith.

3. The bill, seeks to amend the Indian Penal Code(IPC), the Code of Criminal Procedure, 1973 and the
Indian Evidence Act. The provisions included in the Bill have been briefly explained below:

I. Amendments to the Indian Penal Code (IPC)

(i) The first amendment proposes to include a new section 166 A providing for public servants
disobeying any direction of law. This is because, in many cases, the directions of the Court are
not being implemented by the police and the other public servants.

(ii) Section 354 of the IPC dealing with use of criminal force to outrage the modesty of a woman is
proposed to be amended to provide for a higher punishment if the women whose modesty is
outraged is under 18 years of age. The punishment would extend to a term of seven years. It may
be further mentioned that the Law Commission of India in its 84 th Report has suggested a new
section to achieve this object. It is felt that the amendment proposed in the Bill would be sufficient
to achieve the objective in view.

(iii) Section 375 of the IPC dealing with the offence of rape is proposed to be amended to change
the reference to 16 years in paragraph “six”, to 18 years to provide for the increase in the age
of majority to 18 years. A consequent amendment to change the reference to 15 years to 18 years
has also been made in the Exception.

(iv) Section 376 providing for punishment of rape is being amended to provide for the following
objects:

(a) The reference of punishment to 2 years provided for rape by the husband with his own wife
who is more than 12 years of age is proposed to be increased to 2 years from 5 years.

(b) The punishment provided in sub-section (2) of the section is proposed to be increased from
a minimum punishment of 10 years to punishment of rigorous imprisonment for life. At the
same time, the punishment for rape on a women who is less than 12 years of age is

(158)
 proposed to be taken out of this sub-section and dealt within a separate section providing
for a higher punishment.

(v) It is proposed to provide for a higher punishment to the offences specified under sections 376 A
to 376 D if they are committed against children.

(vi) A separate offence of Eve-Teasing and the punishment therefore is also proposed to be provided.

II. Amendment of the Code of Criminal Procedure.

Person under 12 years and the woman out raged under sections 354 and 376 of the IPC should be
recorded only by a female police officer or by a person authorized by such organization interested in the
welfare of the women or children and recognized in this behalf by the State Government. Section 167 is
proposed to amended to provide that when the accused person is a woman under 18 years of age, the
detention of such person should be authorized to be in the custody of a remand home or a recognized social
institution,. Section 173 is being amended to provide that in respect of the offences under section 376 of the
IPC, the investigation should be completed within three months from the date on which the information
relating to the case of offence was first received by officer in charge of the Police Station. Sub-section (2) of
the section has been amended to include that the investigation under sections relating to rape should include
the report of the medical examination of the victim. This has also been provided by means of an amendment
to section 309 that in an enquiry or trial relating to offences under Section 376 to 376 E of the IPC, judgment
shall be delivered with a period of 2 months from the date of commencement of the examination of the
witnesses. Section 327 of the Act provides for the investigation to be conducted in camera. It has been
provided that the names and addresses of the parties in a proceeding for rape should not be indicated in
newspapers or other media reporting the cases.

III. Amendment of the Indian Evidence Act.

Sections 114 B and 155 of the Indian Evidence Act 1872 are proposed to be amended to include certain
presumptions regarding the commission of sexual intercourse and for prosecution for rape or in an attempt
to commit rape.

(159)
 THE CRIMINAL LAWS (AMENDMENT) ORDINANCE, 1994
{As approved by the Expert Committee on Laws in its meeting held on 18th, 19th and
24th August and 8th September1994}

A Bill

Part I
Preliminary

AN ORDINANCE

Further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act,
1872, and the Representation of the People Act, 1951.

(a) for the Explanation the following Explanation shall be substituted; namely:-

“EXPLANATION- Mere penetration, without any further evidence of the offence, is sufficient to constitute
the carnal intercourse necessary to the offence described in the section.”

1. Amendment of section 509

In section 509 of the Indian Penal Code, for the words “ shall be punished with simple imprisonment
for a term which may extend to one year” the words shall be punished with rigorous imprisonment for a term
which may extend to seven years” shall be substituted.

PART III

Amendment to the Code of Criminal Procedure 1973.

2. Insertion of new section 25 A- After section 25 of the Code of Criminal Procedure, 1973, (2 of 1974)
(hereafter in this Part referred to as the Code ), the following section shall be inserted, namely:

“25A- Appointment of Woman Public Prosecutors

The Central Government or the State Government, while appointing Public Prosecutors and Assistant
Public Prosecutors under section 24 and 25, shall as far as practicable, appoint women to be Public
Prosecutors, Additional Public Prosecutors and Assistant Public Prosecutors specifically for the conduct
in any court, any prosecution, appeal or other proceeding on behalf of the Central Government or State
Government as the case may be, in cases falling under section 354, 376, 376A to 376F of the Indian
Penal Code.”

3. Amendment of section 26:

To clause (a) of section 26 of the Code, the following proviso shall be added, namely:-

“Provided that an offence under sections 376 to 376F of the Indian Penal Code shall, as far as
practicable, be tried only by any such Court presided over by a woman.”

(160)
4. Amendment to section 54:

In section 54 of the Code, the following proviso shall be inserted at the end, namely:-

“Provided that where the arrested person is a female, the examination of the body of such person shall,
as far as practicable, be done by a female registered medical practitioner.”

5. Amendment of section 157:

(a) in sub-section (1) of section 157 of the code, after the proviso, the following proviso shall be
inserted, namely:-

“Provided further that in relation to an offence of rape, the investigation under this sub-section
shall, as far as practicable, be conducted only by a woman police officer and the person to whom
such offence is alleged to have been committed is a woman who is under twelve years of age,
she shall be questioned only at her residence in the presence of her parents and the questioning
should be as brief as possible”.

(b) in sub-section (2), for the words “the proviso”, the words “the first proviso’ be substituted.

6. Amendment of section 160

In section 160 of the Code, after sub-section (2), the following sub-sections shall be inserted, namely:-

“(3) Where under the Chapter, he statement of a person under the age of twelve years is to be
recorded either as first information of an offence or in the course of investigation into an offence,
and the women is a person against whom any of the offences under section 354, 376, 376A to
376F of the Indian Penal Code is alleged to have been committed or attempted, the statement
shall be recorded either by a female police officer or by a person authorized by such organization
interested in the welfare of women or children and recognized in this behalf by the State Government
by notification in the Official Gazette.

(4) Where the case is one to which the provisions of sub-section (3) apply and a female police officer
is not available, the officer incharge of the police station shall, in order to facilitate the recording
of the statement, forward to the person referred to in that sub-section, a written request setting
out the points on which information is required to be elicited from the woman.

2. The person to whom such a written request is forwarded shall, after recording the statement of
the women, transmit the record to the officer incharge of the police station.

3. Where the statement recorded by such person as forwarded under sub-section (5), appears in any
respect, to require clarification or amplification, the officer incharge of the police station shall
return the papers to the person by whom it was forwarded, with a request for clarification or
amplification, on specified matters and such person shall there upon record the further statement

(161)
 of the woman in conformity with the request and return the papers to the officer incharge of the
police station.

4. The statement of the woman recorded and forwarded under sub-sections(3) to (6) shall, for the
purpose of the law relating to the admissibility in evidence of the statement made by any person,
be deemed to be a statement recorded by a police officer.”

13. Amendment of section 167:

In sub-section (2) of section 167 of the Code, for the words “Provided that” the following shall be
substituted, namely:-

“Provided that where the accused person is a woman who is under eighteen years of age, the detention
of such accused shall be authorized to be in the custody of a remand home or social welfare institution
recognized in this behalf by the State Government by notification in the official Gazette.

14. Amendment of section 173:

(a) in sub-section (1) In section 173 of the Code, the following shall be added at the end namely:-

“and where the offence is under sections 376 or 376A to 376F of the Indian Penal Code, it shall
be completed within three months from the date on which the information relating to the commission
of offence was first received by the officer-incharge of the police station.”

(b) in sub-section (2), in clause (i), after sub-clause(g), the following clause shall be inserted, namely:-

“(h) where the investigation relates to an offence under sections 376, 376A to 376F of the Indian
Penal Code, whether the report of the medical examination of the woman concerned has been
attached.”

15. Amendment of section 198:

In sub-section (1) of section 309 of the Code, the following proviso shall be added, namely:-

“Provided that where the inquiry or trial relates to an offence under section 376 to 376F of the Indian
Penal Code, judgement shall be delivered with a period of two months from the date of commencement of
the examination of witnesses.”

16. Amendment of section 327:

In section 327 of the Code, for sub-section (3), the following sub-sections shall be substituted, namely:-

“(3) Where any proceedings are held under sub-section (2), it shall be lawful for any person to print
or publish any matter in relation to any such proceedings with the previous permission of the Court, but names
and addresses of the parties to such proceedings shall not, in any case, be included in such matter.

(162)
Amendment of the First-schedule

In the First Schedule to the Code-

(a) after the entries relating to section 354, by following shall be inserted, namely:-

Assault or use of Criminal force to a Woman who is under eighteen years of age(2)

Imprisonment(3)

Non bailable(5)

(b) after the entries relating to section 376D, the following entries shall be

inserted, namely:-

“376E Inter course under section 376A to 376D with a woman who is under eighteen years of age
(2)

Imprisonment for 10 years & fine (3)

Non-bailable (5)

376F Acts connected with rape (2)

Imprisonment of 7 years and fine(3)

(c) in the entries relating to section 377, in the entry in column 2, the words and figures “ or
imprisonment for 10 years,” shall be omitted.

PART-IV

Amendments of the Indian Evidence Act, 1872 (1 of 1872)

17. Insertion of new section 114B.

In Chapter VII of the Indian Evidence Act, 1872,1872, after section 114A, the following section shall
be inserted, namely:-

“114B.-Presumption as to the commission of sexual intercourse –

In a prosecution for the offence of rape, where the question is whether sexual intercourse had been
committed and the woman or child alleged to have been raped described the act of sexual intercourse in such
a manner that the sexual intercourse had been committed, the Court trying the offence shall presume that
sexual intercourse had in fact been committed.”

18. Amendment of Section 155

In section 155 of the Indian Evidence Act, 1872, for clause (4), the following clause shall be substituted,
namely:-

(163)
 “(4) Where a person is prosecuted for rape, or an attempt to rape, and the question of consent is not
an issue, it may be shown that the prosecutrix had previous sexual experience with him”

PART-V

Amendment of Representation of the People Act, 1951.

3. Amendment of Section 8.

In section 8 of the Representation of the People Act, 1951, in sub-section (2), after the second-proviso,
the following proviso shall be inserted, namely:-

“Provided also that a person convicted of an offence under section 376F of the Indian Penal Code shall
be disqualified from the date of such conviction and shall continue to be disqualified for a further period of
five years since his release.

(164)
 THE PREVENTION OF BARBAROUS AND BEASTLY CRUELTY AGAINST
WOMEN BILL 1995

The Department of WCD Ministry of Human Resource Development, Government of India has referred
a Private Member Bill on the above subject for the commission comments the Commission commented as
follows:

● A very lengthy long title is given in the Bill. This more or less reproduces the definition of the expression
“Barbarous and Beastly Cruelty Against Women” as contained in the Bill. In view of this, it is not
necessary to include all that is contained in the definition in the long title.

● The extent clause under clause 1 (2) extends the provision of the act applicable to the whole of India.
The subject mater of the Bill will be relatable to entry 1 of the Concurrent List of the Constitution which
deals with Criminal Procedure. This entry is not applicable to State of Jammu & Kashmir. The extent
clause should, therefore, exclude the State of Jammu & Kashmir.

● As the Bill provides for constitution of Special Courts for trying offences under the Act. Some previous
action is required to be taken before the Bill is brought into force. In view of this, a commencement
provision is required to be included in the Bill providing for commencement by notification. In the
definition of “ appropriate Government”, it should be provided that in respect of the Union territories
it will be the administrator who will perform the functions of the State Government and not the Central
Government. The definition “barbarous and beastly cruelty” is an inclusive definition and at the same
time it provides to give exhaustive instances of cruelty. If the Burning of the body in tandoor may be
an instance relatable to Sharma’s case, this need not specifically be included as there may be many
other cases of disposal of body.

● The definition of “woman” makes it applicable to all woman human being of any age, But the main
definition deals with rape in all the instances. Hence, reading this definition with the definition of
“barbarous and beastly cruelty” in rape case it would only relate to women of those ages specified in
the definition of rape under section 376 of Indian Penal Code, and not include women of all ages. The
expression “rape” has a certain connotation.

Section 3 provides for the punishment of death only for a person committing barbarous and beastly
cruelty against women. Although there may cannot be any two opinions on the capital punishment being
provided for committing offences against women, it may not be order to provide the capital punishment as
the only punishment. There may be so many circumstances in which the capital punishment may not be
justified. It may not also be possible to prove beyond reasonable doubt “barbarous and deadly acts” committed
under this Act and the Court in many cases of minor intensity will be left with no discretion to award any lesser
punishment. In this view of the matter alone, this clause would not be beyond the risk of challenge as affecting
article 14 of the Constitution. Even where minimum punishments are provided a clause is always included that
the Court should invariably record its reasons before awarding any punishment less than the minimum specified

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in the section to save the sections from the risk of challenge. It is, therefore, suggested that some the
punishments may be provided or if the intention is to provide a minimum punishment, discretion may be given
to the Court in specific cases or for reasons to be recorded in writing to inflict a lesser punishment.

It is proposed to provide for the constitution of Special Courts to try the offences under the act. But
in the Bill it has been provided that the Chief Justice of the High Court of a State will be consulted for of
constitution of Special Courts in other areas. This will not work in practice as some of the High Courts have
jurisdiction for more than one State and for the Union territory of Delhi the Chief Justice of Delhi High Court
maybe made the consulting authority for the constitution of Special Courts in the National Capital Region.

It is necessary that the composition of the Special Courts should be indicated in the law itself and not
left to the rules to be specified by the Government.

It is necessary to provide for the adoption of a specific procedure either on the lines of the Cr. P.C. or
power should be given to Special Courts to adopt its own procedure for the trial of offences under the act.
Unless this provided for the law cannot work.

Provision regarding removal of difficulties as contained in clause 8 of the Bill would amount of excessive
delegation of legislative powers by virtue of the decision in Jalan Trading Company unless the period within
which the “removal of difficulties” order can be issued is indicated in the Bill itself. This only empowers the
Central Government to make rules to carryout the provisions of the Act. Insofar as the administration of the
Act is proposed to be retained with the State Government is necessary that power to make rules is given to
the State Governments also. The usual formula for laying the rules before Parliament or the State Legislature
may also be made.

In addition section 351, 376, 498A and 509 of the I.P.C. deal with almost all the instances to be covered
in the Bill except that punishments may be less severe. The object could therefore be achieved amending the
I.P.C. to provide for severe penalties.

As Introduced in the Rajya Sabha on 11th Dec. 1995 Bill No. LXV of 1995

The Prevention of Barbarous and BeastlyCruelty Against Women Bill 1995

A bill to prevent the barbarous and beastly cruelty against women such as battering an falling by
strangulating or by any other means after committing rape on here, hopping the body into pieces or burning
the body in ‘tandoor’ or by ‘sprinkling’ petrol, kerosene or by other inflammable object after committing gang
rape or raping a pregnant woman resulting in her death or miscarriage or burning alive any women by
providing deterrent punishment of capital incidental thereto.

Be it enacted by Parliament in the Forty sixth Year of the Republic of India are follows:-

1. (1) This Act may be called the Prevention of Barbarous and Beastly Cruelty Against Women act,
1995.

(2) It extends to the whole of India.

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 (3) It shall come into force at once.

2. In this Act, unless the context otherwise requires:-

(a) appropriate Government means in the case of State Government of that State and in other cases
the Central Government:

(b) barbarous and beastly cruelty included

(i) killing a woman by battering, strangulating or by any other means after committing rape
on her;

(ii) after killing a woman, disposing off her body by chopping her body into pieces or by burning
her body in a tandoor or other places or by burning her body by sprinkling petrol, kerosene
or such other inflammable object or by any other means;

(iii) burning a woman alive leading to her death;

(iv) killing a woman by way of gang rape and

(v) committing rape on a pregnant woman resulting in her death or miscarriage;

(c) prescribed means prescribed by rule made under this Act;

(d) “Special Court” means a Special Court constituted under section 4;

(e) Women means a female human being of any age.

3. Any person who commits barbarous and beastly cruelty against woman shall be punished with death.

4. (i) The appropriate Government shall, in consultation with the Chief Justice of the High Court in the
case of a State, and Chief Justice of India in other cases, by notification in the Official Gazette,
constitute such number of Special Courts as it may deem necessary for the purpose of the Act.

(ii) The set up of a Special Court established under sub-section (i) shall be such as may be prescribed.

5. Notwithstanding, anything contained in the Code of Criminal Procedure, 1970 of any other law for the
time being in force, every offence punishable under this Act shall be triable only by the Special Court
constituted for trying such offence under section 4.

6. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 an offence committed
under this Act shall be cognizable and non-bailable.

7. Notwithstanding anything contained or any other law for the time being in force no court other than
the Supreme Court or the High Court shall have the authority to grant anticipatory bail to any person
accused of committing an offence under his Act.

8. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by
order, not inconsistent with the provisions of this Act, remove the difficulty.

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9. The provisions of the this Act shall have effect not withstanding anything inconsistent therewith contained
in any other law for the time being in force but, save as aforesaid, the provisions of the Act shall be
in addition to and not in derogation of any other law for the time being in force relating to cruelty
against women.

10. The Central Government may, by notification in the Official Gazette, make rules for carrying out the
purposes of this Act.

STATEMENT OF OBJECTS AND REASONS

Women are the most vulnerable part of our Society. They have been subjected to various kinds of
atrocities since time immemorial. In past when the civilization had not developed woman was treated as an
object and exploited to the maximum. When a Ring used to invade another kingdom the first target used to
be women. However with the progress of civilization this vulnerable part of the society has got some respect
but till inhuman atrocities continue to be committed on her. She is still not safe in the society. Sex naniacs
and persons with perverted mentality always remain in search of an opportunity to pounce on her for sexual
abuse. Beastly crime of rape does not stop there. In many cases after raping the hapless woman she is finished
ruthlessly. She is either battered to death or strangulated. Sometimes as if the killing is not enough, her body
is chopped off into pieces and dumped into a gunny bag and thrown in near by nullah or jungle. The sex
maniac beasts many a time commit this horrible crime on innocent girls of the age of some weeks or years.
Many a times gang rape is committed on a woman an to wipe out the evidence she is killed and every effort
is made to dispose off her body.

However this barbarous and beastly cruelty was visible in its ugliest form recently when a woman was
killed by her own husband who also attempted to destroy her body in a “Tandoor” of a celebrated hotel in
the heart of the national capital. This inhuman Act rocked the entire nation.

Similarly barbarous atrocities are committed on woman when a pregnant woman is raped resulting in
her death or miscarriage. Unfortunately these atrocities on women are committed with full knowledge and
many a time to take revenge either with her or with some of her family members.

These barbarous and beastly cruelties against women will have to be prevented with a heavy hand by
providing capital punishment for such beastly acts. Such offences should be tried by Special Courts and they
should be declared cognizable and non-bailable. It is hoped that deterrent punishment for such crimes will
certainly reduce the number of such crimes against women and girl who are not safe anywhere in the world.

This Bill seeks to achieve the above objects.

FINANACIAL MEMORANDUM

Clause 4 of the Bill provides for establishment of Special Court for trying the offence committed under
this Act. The Bill, if enacted and brought into force will involve expenditure from the Consolidated fund of
India. It is estimated that a sum of rupees ten crores may involve as recurring expenditure per annum.

It is also estimated that sum of rupees two crores may involve as non-recurring expenditure.
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MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10 of the Bill given power to the Central Government to make rules for carrying out the purposes
of this Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

RAJYA SABHA

A BILL

A bill to prevent the barbarous and beastly cruelty against women such as battering or killing strangulating
or by any other means committing rape on her chopping the body into pieces or burning the body in Tandoor,
or by sprinkling petrol, kerosene or by other inflammable object after committing gang rape or raping a
pregnant women resulting in her death or miscarriage or burning alive any women by providing deterrent
punishment of capital punishment and for matters connected therewith and incidental thereto.

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 ENACTMENT OF DELHI PROHIBITION OF EVE-TEASING BILL

The Department of Women and Child Development referred to the Commission a proposal for enactment
of the Delhi Prohibition of Eve-teasing Bill, 1992 received from the Ministry of Home Affairs. The Commission
observed that a Bill on the subject was earlier introduced and passed by the Rajya Sabha in 1988. When it
was pending in the Lok Sabha, the dissolution of Lok Sabha took place and the Bill lapsed. The proposal
referred to the Commission in 1992, contained the Delhi Eve-teasing Bill of 1984 (which had been passed by
the Delhi Metropolitan Council for adoption by Parliament).

After examining the proposal, the Commission felt that the lapsed Bill was better drafted document than
the Bill of 1984. The Commission also made the following suggestions with regard to the provisions of the
proposed Delhi Prohibition of Eve-teasing Bill:-

(i) Short and the enacting formula have to be suitably amended as the proposed Bill is being brought
forward in 1993. Some of the voluntary organizations who were consulted suggested that the expression
‘Eve-teasing’ should be replaced by a more appropriate expression suitable for the Indian context.

(ii) In view of the nature of the offence contemplated in the proposed Bill, the definition of ‘man’ as
suggested in clause 2(b) of the proposed legislation may not be necessary.

(iii) Clause 3 of the proposed legislation defining ‘Eve-teasing’ appears to be only an amalgam of the
provisions of sections 294 and 509 OF the IPC. The new legislation does not make any improvement
but on the contrary appears to have diluted the punishment for the offence (vide clause 4 of the Bill).

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 THE SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE (PREVENTION
AND REDRESSAL) BILL, 2004

A Bill to provide for the prevention and redressal of sexual harassment of women at workplaces, or
arising during or out of the course of their employment and matters connected thereto, in keeping with the
principles of equality, freedom, life and liberty as enshrined in the Constitution of India and in pursuance of
the Convention signed …for the elimination of all forms of discrimination against women.

CHAPTER I
PRELIMINARY

1. (1) This Act may be called the Sexual Harassment of Women at the Workplace (Prevention and
Redressal) Act, 2004.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force with immediate effect.

2. In this Act, unless the context otherwise requires, -

(a) “aggrieved woman” means any female person, whether major or minor and includes a woman
employed or working or studying, who has been subjected to sexual harassment;

(b) “appropriate Government” means,-

(i) in relation to any department of the Central Government or any establishment or undertaking
wholly or substantially financed by that Government, or such other bodies or corporations
established by or under the control of the Central Government, the Central Government; and

(ii) in relation to any department of a State Government or any establishment or undertaking

wholly or substantially financed by that Government, or any local authority, or any establishment
or undertaking established by or under the control of the State Government, the State
Government;

(c) “complainant” means,-

(i) an aggrieved woman herself;

(ii) an aggrieved woman for herself and on behalf of others, in the case of more than one
aggrieved woman;

(iii) the legal heir or representative, in the case of death of an aggrieved woman; or

(iv) a registered trade union or a women’s organisation or a non-governmental organisation, on

behalf of aggrieved woman or women referred to in sub-clause (i) or sub-clause (ii) or sub-
clause (iii), who files a complaint of sexual harassment under this Act;

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(d) “Complaints Committee” includes the Internal Complaints Committee constituted under section 5;

(e) “defendant” means a person against whom a complaint is filed by a complainant;

(f) “District Special Officer” or “Special Officer” means a person appointed under section 6 or
section 7, as the case may be;

(g) “educational institution” means a university, college, school, private coaching centre or any other
institution at which education or training is provided;

(h) “employee” means a person employed for any work directly, or by or through any agency (including
a contractor), with or without the knowledge of the principal employer, whether for remuneration
or not, or working on a voluntary basis, whether the terms of employment are express or implied,
and includes any person employed as a temporary, casual, badli, probationer, trainee, apprentice
or by whatever name called, and a domestic servant employed in a house or dwelling place or any
other establishment;

(i) “employer” means,-

(a) in relation to a department of the Central Government or a State Government, the authority
prescribed in this behalf, or where no authority is prescribed, the head of the department;

(b) in relation to an establishment or undertaking wholly or substantially by the Central Government

or the State Government or any local authority of a State Government, as the case may be,
the authority prescribed in this behalf, or, where no person is so prescribed, the Chief
Executive Officer;

(c) in a workplace not covered under sub-clauses (a) and (b), the person who, or the authority
which, whether called a manager, managing director, managing agent, mukadam, or by
whatever name called, is responsible for the supervision and control of the workplace or
house, in which the employee is employed, and in respect of a contract employee includes
the principal employer of the workplace in which the employee is working, as well as the
contractor;

(d) in any other case, the person who is in a position of authority whether evaluatory, pecuniary
or fiduciary including the owner or trustee of an educational institution.

(j) “Internal Complaints Committee” means a committee constituted by the employer under section
4;

(k) “Local Complaints Committee” means a Committee constituted under section 9;

(l) “owner”, in relation to an educational institution, means the person who establishes an educational
institution, or a trustee or the person who is responsible to manage it as a principal, manager or
by whatever name called;

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(m) “panel of experts” means the list of experts prepared and maintained by the District Special
Officer under section 8;

(n) “proceedings” means any proceedings carried out by any authority prescribed or persons authorised
under this Act;

(o) “sexual harassment” means any unwelcome sexually determined conduct whether physical, verbal
or non-verbal, including but not limited to, sexual advances, demands or requests for sexual
favours, molestation, sexually nuanced gestures, comments, remarks or jokes either verbal, textual,
graphic or electronic;

(p) “workplace”, in relation to an employee, means any place where an aggrieved woman or defendant
is employed or works, or visits in connection with work during the course of or arising out of
employment, including, but not limited to the following, namely:-

(i) a factory, mine, plantation or forest;

(ii) a place where any agricultural operation is carried out;

(iii) a place of sale of agricultural or other products;

(iv) a brick kiln or a construction site;

(v) a shop, business establishment, a corporation or a private office;

(vi) an office or establishments of a professional or consultants;

(vii) an industrial establishment;

(viii) a banking or financial institution;

(ix) a restaurant, club, hotel, resort or other hospitality establishment;

(x) a hospital, nursing home or a health centre;

(xi) a court premise, police station, remand home or any judicial or quasi - judicial establishment;

(xii) an establishment wherein a person is employed for exhibition or performance of sporting or

any other form of entertainment or preparation thereof;

(xiii) a house, dwelling place whether permanent, temporary or in transit;

(xiv) any government, semi-government, establishment or department including telegraph office,

post office, telephone exchange, railways, statutory board or any governmental scheme
instituted for profit or otherwise;

(xvi) a free trade zone or special economic zone;

(xvii) a non-governmental organisation, a public or charitable trust a religious body, trust or

institutions, a co-operative housing society or an association;
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 (xviii) a street;

(xix) any form of transportation whether by road, sea or air;

(xx) any other public place.

CHAPTER II
SEXUAL HARASSMENT OF WOMEN

3. (1) No employer, supervisor or co-employee shall, in any manner whatsoever, sexually harass a female,-

(a) employee at the workplace where she is working;

(b) who, for whatsoever reason, is present in or at the workplace; or

(c) who, comes into contact with the employer, supervisor or employee in connection with her
work or with the work of these persons.

(2) No owner or employee, including the teaching staff, of an educational institution, shall in any
manner whatsoever, sexually harass a woman student who attends class or training or visits the
educational institution.

(3) Notwithstanding anything contained in any other law for the time being in force, sexual harassment
shall,-

(i) amount to misconduct in any employment and the service rules or regulations relating to
conduct and discipline at the workplace or educational institution and such rules or regulations
shall include provision for prohibiting sexual harassment and provide for appropriate penalties
against an offender;

(ii) amount to an unfair labour practice within the meaning of clause (ra) of section 2 of the
Industrial Disputes Act, 1947. ?

CHAPTER III
COMPLAINTS COMMITTEES

4. (1) Every employer who employs or has employed fifty or more employees or every owner who
registers or has registered fifty or more students in the preceding twelve months in a calendar year
shall constitute an Internal Complaints Committee:

Provided that an employer or owner who employs or has employed less than fifty employees or
registers or has registered students in any preceding twelve months in a calendar year may
constitute an Internal Complaints Committee:

Provided further that the employer who has more than one office or branch office or the owner
who has more than one educational institution or branch thereof shall constitute an Internal
Complaints Committee in each of them:

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 Provided also that where an employer or owner has at any time constituted an Internal Complaints
Committee under this section, such a Committee shall continue to exist notwithstanding that the
number of employees or students at any time thereafter falls below fifty.

5. (1) An Internal Complaints Committee shall consist of a woman President and not less than one half
of its members should be women:

Provided that an Complaints Committee shall nominate a representative of a non-gvernmental

organisation or any other body which is working for the cause of upliftment of women and is
familiar with the issue of sexual harassment.

(2) Not less than one half of the members of the Internal Complaints Committee shall be women:

Provided that where it is not possible to constitute an Internal Complaints Committee with the one
half of women members due to non-availability of suitable women, the Committee shall be constituted
with as many women members as near to one half of the total membership, after recording
reasons therefor.

(3) It shall be the duty of an Internal Complaints Committee to make preliminary investigations into
a complaint made to it by a complainant, hold enquiries into such complaints, to resolve the
matter by amicable settlement, if so requested by the complainant, and to issue orders pursuant
to the findings of the enquiry.

6. (1) Every employer and owner shall designate a female employee to be a Special officer in every
department or educational institution or branch or office of such department or educational
institutions under his or its control to receive complaints under this Act.

(2) Every employer or owner shall endeavour to publicise widely the name or designation and duties
of the Special Officer in every department or educational institution under his or its control.

7. (1) The appropriate Government shall appoint a District Special Officer for every district, as may be
prescribed, to deal with complaints arising out of provisions of this Act.

(2) The District Special Officer, referred to in sub-section (1), shall be of the rank not lower than the
Assistant Labour Commissioner and shall have his or her office in the office of the Labour
Commissioner.

(3) The District Special Officer shall be a female, wherever a female officer in the rank specified in
sub-section (2) is available.

(4) It shall be the duty of the District Special Officer to-

(a) receive complaints from the district concerned;

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 (b) prepare and maintain a panel the of experts;

(c) constitute a Local Complaints Committee; and

(d) forward a copy of an Order passed by the Local Complaints Committee to the complainant,
defendant and employer or owner for compliance and carry out any other functions assigned
to her or him under this Act.

8. Every District Special Officer shall prepare and maintain a panel of Group of Experts consisting of
eminent persons from various fields who are generally involved with women’s issues, women’s rights
activists, social workers, counsellors, lawyers, doctors, psychiatrists, trade unionists, journalists etc as
enumerated in section 2 (1) (j) at each District.

9. (1) When a complaint is received by a District Special Officer, the District Special Officer shall
constitute a Local Complaints Committee consisting of not less than three persons from the panel
of experts:

Provided that not less than one half of its members shall be women:

Provided further that in case of non-availability of a suitable woman, such Committee shall be
constituted without one half of the women members after recording reasons in writing threfor.

(2) The Local Complaint Committee shall be headed by a woman, who shall be its chairperson.

CHAPTER IV
PROCEDURE FOR LODGING A COMPLAINT

10. (1) Where an Internal Complaints Committee has been set up in a workplace or an educational
institution, a complaint under this Act may be lodged with any member of the Internal Complaints
Committee:

Provided that if a complaint is made to the employer it shall be forwarded to the Internal
Complaints Committee:

Provided further that in case where a complaint of sexual harassment is against the employer or
owner, the aggrieved woman shall make the complaint to the Special Officer or to any member
of the Internal Complaints Committee.

(2) If the aggrieved woman complaints that she has been subject to an act of sexual harassment at
another branch or office to which she has been deputed or to which she has visited in connection
with her work or studies, a complaint in this regard shall be made either to the Internal Complaints
Committee relating to her regular branch or office or to the Internal Complaints Committee
relating to the branch office where the act of sexual harassment has allegedly taken place.

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11. (1) Save and except for the cases specified in section 12, a complaint under this Act may be made
to the District Special Officer.

(2) When a Complaint is made to the Special Officer, he or she shall constitute the Local Complaints
Committee from the panel of experts within fifteen days of the said complaint and designate a
female member as its chairperson.

(3) The Local Complaint Committee shall operate from the local proximity of the complainant’s
workplace or educational institution.

12. Where an oral cmplaint is made to the employer or owner, or Internal Complaints Committee or any of
its members, or the Special Officer, it shall be duty of the employer or owner , or the Internal Complaints
Committee or its member, or the Special Officer, as the case may be, to reduce the said complaint in
writing and read out the complaint to the complainant and obtain the signature thereon of the complainant.

13. (1) A complaint made under section 10 or section 11 by a complainant referred to in sub-clause (iii)
or sub-clause (iv) of clause (c) of section 2 shall be made only after obtaining a written consent
of the aggrieved woman or, in the case of her death, her heirs or legal representative, authorising
the organisation or individual to file the complaint on her or their behalf.

(2) The consent given under sub-section (1) may be withdrawn at any stage of the proceedings by the
aggrieved woman or her legal heir or representative, as the case may be.

14. (1) Without prejudice to any proceedings initiated or any action taken under this Act, where the
conduct of a sexual harassment amounts to an offence under the provisions of the Indian Penal
Code or any other law for the time being in force, it shall be the duty, of the employer or owner,
or the Internal Complaints Committee or its member, or the Special Officer, as the case may be,
who receives such a complaint, to immediately inform the complainant of her right to initiate
action in accordance with law before the appropriate authority.

(2) Notwithstanding that whether the complainant opts to initiate any criminal proceedings under the
provisions of the Indian Penal Code or any other law for the time being in force, the employer or
owner, or the Internal Complaints Committee or any of its members, or the Special Officer, as the
case may be, shall be bound to initiate proceedings as provided by or under this Act.

15. All the complaints made under this Chapter shall be confidential and it shall be the duty of the members
of the Internal Complaints Committee or the Special Officer to ensure that its confidentiality is maintained
for ever.

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 CHAPTER V
PROCEDURES BEFORE THE COMPLAINTS COMMITTEE

16. (1) On receiving a complaint of sexual harassment, the Internal Complaints Committee shall conduct
an inquiry into the complaint by interviewing the complainant and defendant and any witnesses,
determining if there are individuals with direct or indirect information regarding the complaint,
and, if so, by interviewing them or by obtaining information from such other persons and making
such inquiries as it thinks fit.

(2) The Internal Complaints Committee shall complete its inquiry within ninety days from the date of
the complaint, record in writing its findings and take appropriate action on the basis of the
findings.

(3) During the course of enquiry, the complainant and the defendant shall be called separately to
ensure freedom of expression and an atmosphere free of intimidation:

Provided that the complainant shall be entitled to accompany one representative during the
enquiry.

(4) An Internal Complaints Committee shall be free to adopt its own procedure for carrying out the
inquiry having regard to the sensitive nature of the complaint and the respective power position
of the parties.

17. (1) The Internal Complaints Committee shall, for the purposes of an enquiry under this Chapter, have
the power to summon witnesses or call for documents or any information.

(2) If it has reason to believe that a person is capable of furnishing such documents or information,
it may direct that person to produce the documents or information by serving notice in writing on
that person, summoning the person or calling for documents or information at such place and
within such time as may be specified in the notice.

(3) Where an information is recorded or stored by means of a mechanical, electronic or other device,
to produce the same or to produce a clear reproduction in writing of the information.

(4) Where the documents or information are produced before the Internal Complaints Committee in
accordance with this section, the Committee may-

(i) take possession of the documents and make copies or take extracts therefrom;

(ii) retain the possession of the documents for such period as may be deemed necessary for
the enquiry.

18. The Internal Complaints Committee shall have the power to issue appropriate interim orders directing
the employer or owner, on the demand of either the complainant or any witness giving evidence in her

(178)
 support, to implement such measures as transferring, changing shift of either the complainant, witness
or defendant to protect the complainant or witnesses against victimisation or discrimination or may
issues such other interim orders as may be deemed necessary to ensure the safety of the complainant
or supporter or witness.

19. The complainant and the defendant shall have the right to receive copies of the proceedings, documents
or any other evidence produced during the course of enquiry.

CHAPTER VI
FINDINGS AND DIRECTIONS

20. (1) On the completion of an enquiry by an Internal Complaints Committee or a Local Complaints
Committee, it may by a reasoned order, –

(a) dismiss the complaint which was the subject-matter of the inquiry; or

(b) pass any one or more of the following directions, namely:-

(i) that the defendant shall not repeat or continue such unlawful conduct; or

(ii) that the defendant shall perform any reasonable act or course of conduct to redress
any loss or damage suffered by the complainant; or

(iii) that the defendant shall pay to the aggrieved woman or her legal heirs damages by
way of compensation for any loss or damage suffered by her or her legal heirs by
reason of the conduct of the defendant; or

(iv) that the defendant shall give a written apology to the aggrieved woman clearly undertaking
that such behaviour will not be repeated and that no retaliatory steps will be taken
by him or on his behalf; or

(v) that a punishment in addition to above be imposed upon the defendant, where the
defendant is an employee, by the employer or owner, according to the gravity of the
act of which he has been found guilty and in accordance with the service rules or
standing orders applicable to the workplace or the educational institution:

Provided that where there is no service rules or standing orders, the Committee may
direct that, any of the following punishments, having regard to the gravity of the act
of which he has been found guilty, be imposed on the defendant- minor penalties:

(a) give him a warning or censure in writing;

(b) fine him, subject to and in accordance with the provisions of the Payment of
Wages Act, 1936;

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 (c) withhold an increment for a period not exceeding one year;

(d) suspend him for a period not exceeding four days, major penalties;

(e) withhold an increment for more than a year;

(f) reduce his rank or grade;

(g) terminate his services, by discharging or dismissing him, after paying any dues
to which he is entitled to in law:

Provided further that before any action is taken under this clause, the defendant
shall be given an opportunity to show cause as to why the proposed action
should not be taken against him.

Explanation.- For the purpose of this sub-section, “damage” shall include the
injury to the feelings of the aggrieved woman or the humiliation suffered by her.

(2) Where the defendant is the employer or owner, or is a co-employee involved in the sexual harassment,
or a complaint, led to or resulted in any adverse change to the service conditions of the aggrieved
woman or any witness or representative, or any prejudice being caused to the victim or any witness
in terms of their service conditions and employment, the concerned Committee may, in addition
to any of the above directions, direct that,-

(a) the employer restore the particular service condition of the aggrieved woman or witness or
representative, with retrospective effect and full benefits from the date it was adversely
changed, including where the aggrieved woman or witness of sexual harassment has been
terminated from service, to reinstate her or him with full back wages and continuity of
services;

(b) the employer grant to the aggrieved woman or witness the particular service condition to
which she or he would have been entitled but for the act of sexual harassment or consequences
of the same, with retrospective effect and full benefits from the date the said service
condition would have been granted to her or him but for the act of sexual harassment or
consequences of the same.

(3) The findings and dirctions of the Internal Complaints Committee or the Local Complaints Committee
shall be binding on the employer or the owner.

22. (1) Where the order has been passed by an Internal Complaints Committee, the said Committee shall
forward a copy of the order each to the complainant, defendant and the employer or owner.

(2) Where the order has been passed by a Local Complaints Committee, it shall submit its order to
the concerned Special Officer, who shall forward a copy of the same to the complainant, defendant
and the employer or owner.

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 CHAPTER VII
DUTIES AND LIABILITIES OF AN EMPLOYER

23. (1) Every employer or owner shall,-

(a) ensure a safe work or study environment free from sexual harassment including prevention
and deterrence;

(b) maintain a proactive program to educate all employees or students as to the definition of
sexual harassment and procedure for redressal;

(c) facilitate initiation of proceedings under this Act if an act of sexual harassment has been
brought to his or her notice;

(d) ensure that the complainant or supporter or witness is not victimised, harassed or discriminated
against for initiating or supporting or giving evidence in, proceedings under this Act;

(e) not alter to the prejudice of the aggrieved woman or witness or representative concerned,
the conditions of service prevailing immediately prior to the complaint being lodged as a
consequence to the making and prosecuting of a complaint under this Act;

(f) ensure that complainant or supporter or witness is not punished by discharging, transferring,
dismissing or otherwise for any misconduct, as a consequence to the complaint save with
express permission in writing of the Internal Complaints Committee;

(g) if the situation so demands, immediately transfer the defendant.

(2) Every employer or owner shall take all necessary and reasonable steps to prevent and ensure that
no woman is subject to sexual harassment in his workplace or educational institution by any third
party and where any such sexual harassment occurs, the employer shall take all necessary and
reasonable steps to assist the aggrieved woman to redress the act of sexual harassment.

(3) The onus shall be on the employer or owner to prove that he had taken all reasonable measures
to comply with the duties entrusted to him under this Act.

24. (1) Where an employer or owner,-

(a) fails to perform duties entrusted to him under section 23;

(b) fails to constitute an Internal Complaints Committee as required under section 4;

(c) protects a person found guilty of sexual harassment;

(d) in any manner pressurises the aggrieved woman or witnesses or supporters from initiating
or participating in proceedings under this Act or pressurise her to withdrawing a complaint;

(e) fails to implement the order of the Internal Complaints Committee; or

(181)
 (f) in any manner violates the provisions of this Act;

a complaint to this effect may be made to the Internal Complaints Committee or Special
Officer, or the said Committee or Officer may take cognizance of the same suo moto and
the matter will be dealt with by the said Committee or Officer in accordance with the
procedure specified for dealing with complaints under this Act.

(2) In addition to the reliefs set out above, the Internal Complaints Committee or the Local Complaints
Committee may direct the employer to pay a penalty, to be deposited in the “Sexual Harassment
Fund” through the office of the Special Officer or compensation to the complainant or witness
commensurate with the loss or injury suffered or damages caused to her by the above wrongful
actions of employer or owner.

(3) In addition to the above, where any woman is subject to an act of sexual harassment due to the
employer of or owner where the act took place, not having taken all necessary and reasonable
steps to prevent the same, the aggrieved woman may file a suit for damages, and other relief,
against the employer in a civil court.

CHAPTER IX
APPEAL

25. (1) In taking any decisions and submitting any reports under this Act, Complaints Committees or
District Level Special Officer & Person from the Group of Experts shall, for the purposes of this
section, be deemed to be acting on behalf of the employer of the defendant, and where the
defendant is himself the employer , then the said Committees/ persons shall be deemed to be
acting on behalf of the said employer.

(2) Any defendant aggrieved by a decision or report of a Complaints Committee or District Level
Special Officer & person from the Group of Experts finding him guilty of sexual harassment, and/
or against whom action has been taken by the employer, may:-

(a) if he is a “workman” under Industrial Dispute Act, 1947:

(i) make a complaint in writing on points of fact and law, as if the decision had been
taken by the employer to the Industrial Tribunal in whose jurisdiction his workplace
falls, and on receipt of such a complaint, the Industrial Tribunal shall adjudicate upon
the same as if it were a dispute referred to it in accordance with the provisions of
the Industrial Disputes Act, 1947, and shall submit its award to the Appropriate
Government and the provisions of the Industrial Disputes Act, 1947 shall apply accordingly;

Provided that where a defendant is aggrieved by any decision or report referred to in

sub-section (2) and where the woman who was the victim of the sexual harassment

(182)
 was harassed at her workplace / in connection with her work, then any complaint
referred to in subsection (2) (a) (i)shall be filed in the Industrial Tribunal in whose
jurisdiction the said woman’s workplace falls.

(ii) file any other legal proceedings, on points of fact and law, as if the decision had been
taken by the employer

(b) if she is not a “workman” under industrial law, file proceedings, on points of both fact and
law, before the forum / court before whom he would ordinarily file proceedings against a
decision of, or action taken by, the employer.

(3) Any aggrieved woman who is aggrieved by a decision or report of an Internal Complaints Committee
or a Local Complaints Committee / District Labour Officer & person from the Group of Experts
taken under this Act, and/or action taken, or not taken by an employer or head of the educational
institution in this regard, may: -

(a) if she is a “workman” under industrial law:

(i) make a complaint in writing on points of fact and law, as if the decision had been
taken by the employer, to the Industrial Tribunal in whose jurisdiction her workplace
falls, and on receipt of such a complaint, the Industrial Tribunal shall adjudicate upon
the same as if it were a dispute referred to it in accordance with the provisions of
the Industrial Disputes Act, 1947, and shall submit its award to the Appropriate
Government and the provisions of the Industrial Disputes Act, 1947 shall apply accordingly;

(ii) File any other legal proceedings, on points of fact and law, as if the decision had been
taken by the employer.

(b) If she is not a “workman” under industrial law, file proceedings, on points of both fact and
law, before the forum / court before whom she would ordinarily file proceedings against a
decision of, or action taken by, the employer.

CHAPTER X
MISCELLANEOUS

26. Employers and others responsible for the implementation of this Act will recognize that confidentiality
is important and will respect the confidentiality and privacy of complainants or defendants, to the extent
reasonably possible.

27. On the request of a Complainant, a counsellor shall be made available to her, at the cost of the
employer, at any time after the lodging of a complaint, whether before an Internal Complaints Committee
or District Level Special Officer, which shall be in addition to any proceedings / enquiries which have
been instituted under the Act.

(183)
28. (i) If at any stage after the filing of a complaint and during any proceedings in respect of it under
this Act by the Complaints Committee, the aggrieved woman shall have the right to withdraw the
complaint and the Committee/person shall permit her to withdraw the complaint and if an inquiry
has commenced, shall discontinue the inquiry.

(ii) If it is brought to the notice of the Complainants Committee, or the Committee is of the opinion
that, pressure is being brought on the complainant or the witnesses to withdraw their statements
or not go through with the complaint then the committee will record this.

29. If a complaint of sexual harassment is dismissed by a Complaints Committee under this Act, no action
whatsoever (including the recovery of any costs involved in investigating / enquiring into the complaint)
may be taken in regard to the same against the complainant/witnesses/supporters by the employer.

30. Where an aggrieved woman institutes any suit or legal proceedings in a civil court in respect of an act
of sexual harassment which is unlawful under this Act, no court fees will be payable by the woman.

31. Every Internal Complaints Committee shall furnish from time to time to the District Special Officer
concerned and every District Special Officer shall together with his return forward such return to the
Central Government and to the State Government as they may require to monitor the effective implementation
of the provisions of this Act..

32. Every employee shall have the right to raise issues of sexual harassment at the worker’s meeting and
in any other appropriate forum and it shall be discussed thoroughly in the employer and employee
meetings.

33. The provisions this Act shall be in addition to and not in derogation of the provisions of, any other law
for the time being in force.

Provided that nothing in this Act shall effect any law, agreement, contract, terms and conditions of
service or policy regarding sexual harassment at the workplace which applies to any woman employee
or student on the date on which this Act comes into force, if any such law, agreement, contract, terms
and conditions of service or policy regarding sexual harassment at the workplace is or are more favourable
to the women concerned than the provisions of this Act.

34. (1) The appropriate Government may, by notification in the Official Gazette, 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:-

(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

(184)
 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 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.

(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before each House of the State Legislature where it consists of two Houses, or, where
such Legislature consists of one House, before that House.

SCHEDULE I

The following item shall be added as Item 17 to The Fifth Schedule, Part I, of the Industrial Disputes
Act, 1947:

“To dismiss, discharge or in any way adversely alter the service conditions of a female employee, (or
any fellow employee who stands as a witness in this regard), on account of her making or having made an
allegation of sexual harassment.”

SCHEDULE II

The following item shall be added as Item 11 to Schedule IV of the Maharashtra Recognition of Trade
Unions & Prevention of Unfair Labour Practices Act, 1971.

“To dismiss, discharge or in any way adversely alter the service conditions of a female employee, (or
any fellow employee who stands as a witness in this regard), on account of her making or having made an
allegation of sexual harassment.”

(185)
 TOWARDS GENDER
JUST LAWS

D.S. MIYAN
Project Coordinator

NATIONAL COMMISSION FOR WOMEN

NEW DEHI
 CONTENTS

PART - A
REVIEW OF LAWS

1. Dowry Prohibition Act, 1961 1-7

2. Commission of Sati (Prevention) Act, 1987 8-10

3. Code of Criminal Procedure, 1973 - (Cognizance of offence of bigamous marriage) 11

4. Indian Penal Code, 1860 12-18

5. Hindu Marriage Act, 1955 19

6. Compulsory Registration of Marriages 20

7. Eve Teasing 21

8. The Child Marriage Restraint Act, 1929 22

9. The Medical Termination of Pregnancy Act, 1971 23

10. The Indian Succession Act, 1925 24-26

11. The Minimum Wage Act, 1948 27

12. The Factories Act, 1948 28-30

13. The Guardians and Wards Act, 1890 31-33

14. The Hindu Adoption and Maintenance Act, 1956 34-36

15. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 37-40

16. The Hindu Succession Act, 1956 41-44

17. The Christian Marriage Bill, 2000 45-48

18. The Immoral Traffic Prevention Act, 1956 49-56

19. The National Commission for Women Act, 1990 57-66

20. The Bonded Labour System (Abolition) Act, 1976 67-72

21. The Equal Remuneration Act, 1976 73-75

22. The Special Marriage Act, 1954 76-83

23. The Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979 84-91

24. The Muslim Personal Law (SHARIAT) Application Act, 1937 92-93

25. The Hindu Minority and Guardianship Act, 1956 94-97

26. The Employees’ State Insurance Act, 1948 98

27. The Indecent Representation of Women (Prohibition) Act, 1986 99-101

28. Indian Evidence Act, 1872 102

29. Family Courts Act, 1984 103-106

30. The Child Marriage Restrain Act 1929 107-111

31. The Foreign Marriage Act 1969 112-115

32. The Contract Labour (Regulation & Abolition) Act, 1970 116-121

33. The Indian Divorce Act, 1869 122

34. The Juvenile Justice (Care & Protection of Children) Act, 2000 123-124

PART B
BILL PROPOSED

1. The Marriage Bill, 1994 127-137

2. The Domestic Violence to Women (Prevention) Bill 138-144

3. The Orphan and Destitute Children (Adoption) Bill, 1994 145-157

4. The Criminal Laws (Amendment) Bill, 1994 158-159

5. The Criminal Laws (Amendment) Ordinance 1996 160-164

6. The Prevention of Barbarous and Beastly Cruelty Against Women Bill, 1995 165-169

7. Enactment of Delhi Prohibition of Eve-Teasing Bill 170

8. Sexual Harassment of Women at Workplace (Prevention and Redressal) Bill, 2004 171-185
 FOREWORD

The National Commission for Women is a statutory autonomous body constituted by the Government
through an Act of Parliament viz ‘The National Commission for Women Act, 1990’. The primary mandate of
Commission is to study and monitor all matters relating to the constitutional and legal safeguards provided
for women and to review the existing legislation and suggest amendments, wherever necessary. The Commission
also monitors the proper implementation of all the legislations enacted to protect the rights of women so as
to enable them to achieve equality in all spheres of life and equal participation in the development of the
nation.

The National Commission for Women has undertaken the task of scanning the laws pertaining to
women. Within the Expert Committees constituted to study, advise, formulate and frame laws and suggest
amendments to the existing legislations the National Commission for Women made a number of recommendations
for changes and removal of lacunae in the laws.

The Commission in its meeting held on 25.5.2004 decided to update the earlier NCW’s publication
popularly known as ‘Blue Book’ by incorporating all the amendments and new bills drafted by NCW subsequently
which need immediate attention of the Government before these are placed in the Parliament as Bills.

I am confident that the amendments and the new Bills made will receive the attention of the Parliament,
through an early reference and introduction by the government.

POORNIMA ADVANI
Place : New Delhi Chairperson
Date : January, 2005 National Commission for Women

(i)
 PART - A

REVIEW OF LAWS