LEGAL FRAMEWORK FOR PROTECTION OF WOMEN

AGAINST VIOLENCE IN INDIA

Amity Institute of Advanced Legal Studies

Amity University Uttar Pradesh

In Part Fulfilment of Requirements for the Degree of

Master of Laws (LL.M)

DIKSHA SINGH

LLM (Criminal Law)

Enrolment No.A03104518057

Batch: 2018-2019

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 TABLE OF CONTENTS
S.No CHAPTERS PAGE No.

1. CHAPTER – 1 5 - 11

INTRODUCTION

2. CHAPTER – 2 12 - 20

STATUS OF WOMEN IN INDIA

A. Vedic Period
B. Post Vedic Period
C. Women In Medieval Period
D. Women In British Period
E. Women In Contemporary India
F. Protection And Rights Provided To
Women Under Constitution Of India

3. CHAPTER – 3 21 - 70

LEGAL FRAMEWORK FOR PROTECTION OF

WOMEN AGAINST VIOLENCE IN INDIA

A. Legal Provisions Related To Rape

B. Criminal Law (Amendment) Act, 2013
C. The Dowry Prohibition Act, 1961
D. Legal Provisions Regarding Cruelty
E. Protection Of Women From Domestic
Violence Act, 2005

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 F. Sexual Harassment Of Women At
Workplace
G. Law Relating To Prevention Of
Immoral Trafficking Of Women
H. Legal Provisions Related To
Termination Of Pregnancy
I. The Indecent Representation Of
Women(Prohibition) Act, 1986
J. Law Related To Acid Attack Against
Women In India
K. Honour Killing In India
L. The Protection Of Children From
Sexual Offences Act, 2012
M. The National Commission For Women

4. CHAPTER – 4 71 – 73

INTERNATIONAL CONVENTION FOR VIOLENCE

AGAINST WOMEN

A. Universal Declaration Of Human Rights

B. Declaration On The Elimination of
Discrimination Against Women, 1967
C. Convention On Elimination Of All
Forms Of Discrimination Against
Women 1979
D. Optional Protocol To The Convention
On The Elimination Of Discrimination
Against Women, 1999

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5. CHAPTER – 5 74 - 76

JUDICIAL APPROACH IN DEALING WITH

PROTECTION OF WOMEN AGAINST VIOLENCE

A. Role Of Judiciary For Protection Of

Women Against Violence
B. Role Of Judiciary In Upholding Special
Provisions For Protection Of Women
Under Criminal Law

6. CHAPTER – 6 77 – 78

CONCLUSIONS AND SUGGESTIONS

7. CHAPTER – 7 79 – 80

BIBLIOGRAPHY

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1. INTRODUCTION
Women is strength, she is support, she is the one without whom life on earth cannot
be imagine, she is the nurturer, even the existence of men is incomplete without
woman. In every occupation, she fulfils her responsibility of uniting people around
them. Women are said to be emotionally so strong that even after all the sufferings,
she is always so pristine. Women play variety of remarkable roles in society from
their birth up to the end of the life. Even after portraying her all the roles and all the
work timely in the systematic manner in this modern era. Even after many awareness
schemes and plans, rules and regulations in the society by governments, her life is
more complex than a man is. Women are examining as Goddess in the Indian society
from the ancient time but in reality, there is nothing like that. They are being
mistreated for long years and used just as object to fulfil the wishes of men. Women
play a prominent role in the life of every person without whom we cannot imagine the
stability of life. They are extremely accountable for the successful continuation of the
life on this earth. The tradition and culture of women condition in India is coming as
habitual for long years without any change though in term of rights of women, it is so
poor and backward in compare with other countries. In this modern world, also
women are treated differently from men in terms of their rights and duties and other
responsibilities.

However, is it possible that the person who has capacity to work and suffer
relentlessly should be the one who should always be agonising? The answer to this
question is No, even the machine needs time to relax and revive, and then women are
a human like all of us.

Over the years, we have seen many protests for women’s basic rights as human, after
the incident of Delhi Gang Rape 2012, # Me Too allegations, Kathua Rape Case etc.
People agitated came out on streets for women’s rights, but is that all we can do, only
large protests on streets will solve the things- No, firstly; we start it from the ground
level, that is our homes, we have start creating an egalitarian environment at our
homes when kids are kids not girl or boy, no different line in the assembly of schools,
no discrimination on the basis of body should be made by the parents of the kids and
so many things.

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It has always been a very daunting task for woman to work for something which she
wants, because as what our Indian society teaches us that girls is to adjust and
adjustment here is- “not allowed to perform certain things or tasks”, which are only
allowed to men in the society, the biggest and the most subtle example for this is the
Sabrimala issue where women or they say menstruating women are not allowed to
worship the Lord Ayyappa, isn’t it strange. This is just one of those issues which very
politely teach women that you are inferior to us that is to man, but there are examples
where women is beaten, raped, assaulted either by husband, in-laws, society or her
own family.

If we say that women in this 21st century of ours is having majority of rights, to which
I agree but the point where I differ is there is no acceptance in the society for the
women’s right. My work here on this project describes and portrays the status of
women in the Indian society where she is subjected to violence whether it be the
mental or physical, and also the legislation favouring the women by constantly
patrolling the society.

Crimes towards women arise every sixty second in India. Women are not protected
from violence whether it is in their house, public places or at the workplace. Women
in India today are looking most unprotected section as far as their safety and security
is in question. Violence against women can fit into some wide headings, some of them
are rape, sexual harassment, female infanticide, dowry death etc. and this is not only
the problem of India but it spread all over the world and causes many problems there.
There are one out of every three women around all over the world has been beaten,
forced into sex or abused in her lifetime with the abuser who may be unknown person
but usually someone known to her.

Majority of persons aggrieved by violence are mostly women and between this
violence domestic violence reaches from dowry abuse resulting to death, verbal
assault, cruelty, marital rape etc. Many women victims of violence and torture in India
are not able to leave this offensive situation and continue to the victim of such
violence. In this 21st century Indian women are rapidly being educated and joining
more and more working lives but still they are subjected to various kind of violence
like wife beating, bride burning, mental and physical abuse, cruelty by husband and

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 his relatives, rape, sexual harassment, dowry death, termination of pregnancy without
women’s consent, indecent representation of women etc. There are more than forty
complaints in a day of violence against women, which are filed in Police station, in
which ten rape cases in every 24 hours, and three women are assassinated for dowry
in every 48 hours. There is various kind of mental and physical violence against
women such as- domestic violence, sexual assault or rape, harassment, women
trafficking, physical and mental abuse, sexual coercion, indecent representation of
women, forced marriage, honour killing, female foeticide etc. India has largest
number of laws for protection and assured the safety of women against violence. The
various act passed by the central government and state governments to provide special
protection to women against all types of violence. In India, there are many legal
provisions, which are enacted to protect the women against violence, and this topic
covered seriously to the worldwide.

A. STATUS OF WOMEN IN INDIAN SOCIETY-

In the past few years, the status of women has been subjected to great changes. Since
many time the status and the position of women in India is a disputed subject. The
changes of status and situations of women have been strenuous. When we estimate the
ongoing status of women than the earliest time, we can say that no doubt the condition
is revamp gradually. Women are being professional, jobholder, bread-earners for their
families and a self-sufficient thinking person of the country even after only being
accountable for many responsibilities of the life. Traditional Indian women in
compare to men have started proving themselves more skilled, competent, and self-
dependent in many professions. Moreover, day by day by breaking all the barriers of
the life the condition of women is improving fast. If we compare women in today’s
society than the ancient time then they really go forward but if we talk about the
empowerment of women than we said that yes they are empowered but not in every
areas of life.

In the beginning of Vedic times, the lots of respect and honour given to women in
Indian society. They were subjected to equal opportunities like men to develop
themselves socially, intellectually and morally. They have absolute rights to choose
their own path in life and select the life partner of their choice. They were getting all

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 education and military training for their own development and safety before their
marriage. However, the condition of women got worsens in the middle ages because
of different kind of bad practices against women in the society. Women were forced
to live in four walls of house and not allowed to go outside without the permission of
family, so it can be said that they almost became the slave of the man. The all rights
of education and property are snatched by them and they are not allowed for taking
education and there are no shares of property to the women in the family, they were
totally neglected and have no rights in the family, they are just treated as an object in
the family and society. Women are forced to follow many worst practices like sati
pratha, parda system, jauhar system and so many.

The status of women during British rule became worsen. Women are not allowed to
take part in any domestic, social and external matters. The condition of women
become changing after many years of struggle of freedom of the country when
Mahatma Gandhi invited women to come forward and take part in Independence
movement. There are many women as Vijya Laxmi Pandit, Sarojni Naidu, Aruna
Asaf Ali and many others play a very vital role in changing the status of women in
India. The condition of women was truly changed when Indira Gandhi became the
Prime Minister of India. She become a worldwide famous woman and became the
idol and inspiration of Indian women. Today, women participated in every profession
and they also proved their capabilities to manage everything in life and emerge as a
good performer, but there are one issue which are still in question and that is violence
on the women and women are still suffering from various kind of violence.

B. VARIOUS KIND OF VIOLENCE AGAINST WOMEN IN INDIA

There are many form of violence against women such as:-
a) Domestic Violence- Most of the women is victim of domestic violence in
India. Domestic violence included both physical and mental violence and
many women are suffered from these violence. Domestic violence is violence
by one person to another mostly by husband and families of husband to wife.
Domestic violence included wife beating, sexual abuse, bride burning, honour
killings, dowry death, marital rape, stoning, female genital mutilation etc.
Domestic violence is a crime, which is mostly unreported. There are nearly

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 38% of Indian women are physically abused by their partners. In India, either
husband commits the case of cruelty or his relatives are registered in every 9
minutes. Cruelty by a husband and his relatives is occurred as a biggest crime
against women. Protection of Women against Domestic Violence Act, 2005 is
one of the major steps taken by Indian Government to protect domestic
violence against women.

b) Dowry Death- Dowry system in India is prevailing from a very long period
ago, in this system bride’s family give to the bridegroom or his family durable
goods, cash, and movable or immovable property as a condition of marriage.
The bride’s family put under the great financial burden under the dowry
system. In some cases, dowry system leads to a major crime against women
and leading to physical and mental abuse which causes injury and that leads
even a death of women. In this system a woman either murdered by husband
or his relatives, or commit suicide under mental and physical torture. Section
304B of Indian Penal Code, 1860 defines dowry death and prescribed
punishment according that. There is also a law passed through legislation for
the prohibition of dowry death, Dowry Prohibition Action, 1960.

c) Women Trafficking in India- Trafficking of women are one of the greatest

form of abuse and exploitation of women as a human being. Trafficking of
women is one of the well-organized criminal activities, which increases
globally. Today, prostitution is one of the main reason for trafficking in
women. In a recent survey, women are purchase and sold with all immunity
and they are trafficked to other countries from every part of India. The
trafficking of women violates the rights and dignity of women in different
ways. There are two Indian legislation which are enacted to prohibit
prostitution and immoral trafficking of women-
 The Suppression of Immoral Traffic in Women and Girls Act of, 1956
(SITA);
 The Immoral Traffic (Prevention) Act of 1986, which is an amendment
to SITA

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d) Rape- Rape is one of the fourth most crimes in India against women. India has
been characterised as one of the country, which have highest capita of rape, in
this only some cases are reported, and other remains unreported. Rape is
defined under section 375 of Indian Penal Code, 1860; Rape is a sexual
intercourse with a woman against her will and without her consent or consent
is obtained by any unlawful means. Sexual intercourse by the husband to his
wife who is under fifteen years of age is considered as marital rape. The
Criminal Law (Amendment) Act, 2013 was introduced to maximise the
minimum punishment from 7 years to ten years and change the age of adult
person who involve in rape is from 18 years to 16 years. These all changes
brought after the heinous rape case of Delhi gang rape case, 2012. POCSO Act
was also introduced with the aim of protecting children (both male and
female), below the age of 18 years, from sexual assault and abuse. Under
Section 376D of Indian Penal Code, 1860 gang rape is defined, there is a
rigorous punishment for gang rape between 20 years and life imprisonment.

e) Sexual Harassment- It is forced physical contact including unfortunate and

unwelcome sexual exploitation, a demand, or appeal for sexual favours
without her consent, and making unwelcome sexual comment, which damaged
the dignity of women. Sexual Harassment is one of the major crimes, which
are committed against the women. The Sexual Harassment of Women at
Workplace (Protection, Prohibition, and Redressal) Act, 2013 was enacted to
protect the women at workplace from any type of sexual harassment at
workplace. The main objective of the Act is to provide safe working
environment for women. The act also broadly defined the sexual harassment;
it includes unwelcome sexual behaviour which causes fear to women workers
regards their safety and security at workplace. The Indian Penal Code, 1860
also provide some protection to women against sexual harassment. Section
354A, Section 354B, Section 354C, Section 354D, Section 509 of Indian
Penal Code, 1860 provide protection to women against sexual harassment.

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f) Termination of Pregnancy- Abortion is termination of pregnancy of women
either against the desire of women or with the will and consent of women.
Abortion in India is legal in certain circumstances; but to prevent the misuse
of abortion many country created strict abortion law and so as India. The
Medical Termination of Pregnancy Act, 1971 provides legal framework for
abortion in India. The main objective of the act is to prevent illegal and forced
abortion. There are many women in the country who are forced by her
husband or his family to terminate her pregnancy due to many reasons.

g) Female Foeticide- Female foeticide is illegal abortion of female foetus.

Female foeticide in India is one of the major crimes, which increases day by
day. Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 was
enacted to prevent female foeticide. The Prenatal sex determination was
banned by this act. There is culture in Indian society to continuously produce
children until a baby boy was born, this also lead to one of the reason for
female foeticide. The main reason for enacting this act is to prohibit the sex
selection technique. The Act also provides the compulsory registration of all
diagnostic laboratories for protection against female foeticide.

h) Honour Killing- Honour killing is a murder committed by family or society

against any member of family who brought dishonour upon family. Honour
killing is against the person who wanted to marry with their own choice and
against the will of the family. Honour killing is mostly committed against a
woman. Honour killing is recognised form of violation against women in
human rights law; it is the brutal abuse of human rights.

i) Obscenity and Indecent Representation of Women- On the one-hand women

are treated in a respectful manner and, on the other hand, they have been
victim of indecent, vulgar and obscene representation. Section 292 to Section
294 of Indian Penal Code, 1860 has included the provisions relating to
obscenity. These sections deal with the sale, distribution, hire, public
exhibition, import and export, advertisement etc. in the manner, which is
considered as obscene. The Indecent Representation of Women (Prohibition)
Act, 1986 was enacted for prohibition of indecent representation of Women.

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2. STATUS OF WOMEN IN INDIA
The history of women in India is eventful; the position of women is changes from
time to time. It is impossible for a bird to fly on their one wing only so it is also
impossible that any society would survive without a woman. Women pay a very great
contribution in the survival of society. However, their status and position is not same
in the society, its witness to very eventful changes. Here the status of women is
discussed from a different period of time-

A. VEDIC PERIOD
Women enjoyed a fair amount of freedom, respect, and equality during the Vedic
period. This is also known as the golden period for women. The Vedic period is
termed as best period feminine glory and also a wisdom and liberalism. Women take
participation in the entire sphere of life as compare to men. They got an opportunity to
study in Gurukuls and equally enjoyed to learn Vedas, and the girl in higher societies
was allowed to undergo Upanayana rite. There were many great women like
Lopamudra, Atreyi, Gargi, Ghosa, Apala, Visvara, Yami and Indrani, inter alia, were
dexterous in art, dance, music and even in warfare also. The wife is known as the
companion of women in Aitareya Upanishad. In Rigveda, the wife is blessed to live in
her husband house as a queen. There is a word used for both husband and wife that is
‘Dampati’ which clarify the equality between them and this word also signify the high
status of women in Ancient India. Men performed all the religious duty together with
women and also enjoyed and carried on the other functions. The wife has been called
as the root of Dharma, Prosperity, and Recreation during the period of Mahabharata.
Without wife there can be, no man can performs any religious duty. In this time the
status of women in India was based on liberty, equality and coordination as compared
to the status of women in contemporary western world. The women have a respectful
status in society as well as family in the Vedic period.
The Vedic period is identified by the equal rights in selecting life partners, absence of
any type of purdah system and there was also no polygamy or it may be rarely. The
dowry system has little significance at that time and it was only prevalent in rich and
royal families in the form of movable gifts only. There was a system of remarriage of
widow or they can undertake the recourse of niyoga. In this period there was no

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 discrimination on the birth of boy and girl, they equally enjoy all the facilities of
family and society, Girl were allowed to engage in the ceremony of Upanayana or
thread.

B. POST VEDIC PERIOD

The status of women suffered a complication in the Post-Vedic period when different
restrictions were imposed on rights and privileges of women by the laws of Manu.
This is also known, as the period of Manusmriti where the authority of man is
increases and women is decreases. Now in this period if a girl is born than that is
treated as a source of disaster for a father. There birth of a girl is treated as one of the
big tragedy during this period. Girls are not allowed to take part in education and later
on, they are totally denied of access to education, which is one of the accepted norms
during the Vedic period. Now, women are also not allowed to undergone the
Upanayana or sacred thread ceremony which was performed to commence a person
into the Vedic studies, thus it closes all the door of any formal studies. The family
choose the life partner for girl and the girl are not allowed to choose the life partner of
their own choice, the age for marriage of a girl is also lowered to nine or ten years and
the child marriage was accepted during this period. The girls who belong from a
ruling class may take part in training in military, administration, and fine arts but it
came under the exceptions. In the famous injunction of Manu, it is stated that a
women should never be independent and they should always subjected to some
restrictions. The position of women becomes pathetic during post Vedic period. All
the women are under the guidance and control of father if she is a daughter; husband
if she is a wife and son if she is a widow as per the Manu, he said women should be
loved but added protected. But this time also shockingly believed that –where the
women are honoured and respected, their all gods and goddess are pleased; and where
they are dishonoured there all religious and holy work become fruitless. With all
surprisingly the rights of women over property, which was known as ‘Stridhan’, was a
women’s property and only she has rights over that property.

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C. WOMEN IN MEDIEVAL PERIOD
a) Women in Early Medieval Period
Mostly all the rights and privileges of women were denied during the medieval
period. Women are generally recognised as mentally inferior and their most
important duty to blindly obey their husband. They still do not have right to
study Vedas. The lower age for marriage of women, destroy all the
opportunities for women to involve in a higher education. But in spite of all
these the court ladies and the servant of the queen were capable of composing
brilliant Prakrit and Sanskrit verses, but generally most of the women have not
this intelligence, they are generally not even good in any language.

Women have no rights to choose their life partner and choosing of life partner
is very dependent on their family. The inter-caste marriage was not allowed
and that allowed only in exceptional cases. Their age of marriage was lowered
to the eight and before the puberty. Marriage with the son of maternal uncle
was prohibited. There were many restriction was imposed on the marriage of a
girl and choosing their life partner. The remarriage of a woman was allowed
under few conditions such as when the husband had deserted, died, or become
an outcaste or if he converted to some other religion. The women were
honoured in their home and also have a right to maintenance from her husband
even if she found guilty.

The property rights of women also increase with the growth of property right
in land during this period. The women were given with their male relations the
right to inherit the property in order to preserve the property of a family.
However, with some views, a women was entitled to the entire property of
their husband if her husband died sonless. In the properties of a widow, the
daughter also had right to succeed as per the rule.

There was no purdah system prevailed during this period. According to some
writers, the Sati pratha was obligatory during this period and according to
some, it is not obligatory. The root of their culture was high. A number of
queens of the Kara dynasty was ruled in Ores. The extensive kingdom of

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 Kashmir was ruled by Didda and Sugandha for a long term. The learned
women were found who was also good in administration. The wife of
Mandanamisra, Saraswati who was a learned scholar was role as an arbitrator
in her husband’s disputations with Sankaracharya. So, there were many
women during this time who performed the great role and well known in the
society.

b) Women in Post Medieval Period

The post medieval period is predominantly known as the period of Muslim
rulers in two era; the era of Delhi Sultanate and the Mughal Era. Razia Sultan
was the only women who occupied the throne of Delhi and always known for
her bravery. Gulbadan Begum was women of extraordinary poetic talent wrote
Humayun-namah at that time. Nur Jahan and Jahan took an active part in the
internal and external affairs of State and Nur Jahan was known as the greatest
Muslim queen of India. There were also women who have heroic figured in
the history of India; Chandbibi appears on the embankment of the fort of
Ahmednagar in a male attire, Tarabai consider as a Maharata heroine was a
life and soul of Mahartha regime during Aurangzeb’s rule, Mangammal rule
still have a green memory in South, Sir John Malcolm paid a respected tribute
in the administration of Ahalya Bai Holkar. Therefore, some women at that
time who contribute their great role in the Indian society. Jijabai, a devoted
mother, who have strong willed and very independent women, subordinated
herself to the interest of her son.

During this period the social and cultural life of women undergone to a great
changes. The dependence of women on their husband and other male members
was a significant feature of this period. The women became the exploited class
with pathetic results for themselves and the whole society, and also lost their
control over Stridhan or dowry. Indian women were generally inactive in
socially, politically and economically role, and they excluded from all-
important decision-making processes.

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The social movement of Indian women was exploited by the advent of
Muslims in India. They were not free to participate in religious functions with
men and they were prohibited to attend and participate in public functions.
The child marriage, which was another social evil, was existed in society
during this period. The girl who was married in their childhood were denied
all educational, intellectual, physical and spiritual development. The women
were persuaded by the conditions and reality of the society to accept their
inferiority and secondary position. Women were dependent on the men
economically to fulfil all their needs except the labour classes where both men
and women were participated in farming and other occupation.

There were many social evils prevailed in the society during this period like
Sati Pratha, Child marriage, Purdah system, Female infanticide or Zenana.
These all evils developed during the middle ages by the various invasions in
India. Polygamy was the practice of this period, the Muslim rulers in India had
large harems and even Hindus were also not restricted to one wife only, here
women was regarded as a tool of sensual satisfaction. The men always become
the head of family women should obey all his commands and to serve them
according to their demand with utmost loyalty. The one of the social evil
Female infanticide was prevalent amongst Rajputs and other high castes and
even among the Muslims also. This was believed that a son only who can
make salvation possible for their parents performed all the Sanskars and there
was no role of daughter in these rituals.

With the advent of the Muslim, the Purdah system became the more popular.
During this period, the Dowry system was a common phenomenon during the
marriage. The Dowry was now known as a Dakshina, which was presented to
the bridegroom along with the bride. The both Hindu and Muslims favoured
the custom of Dowry and it got rooted in the Indian society. The Dowry
system causes the Female infanticide, as it became a heavy burden on the poor
class of society. The majority of the population considered the birth of girls as
a misfortune and burden to the family. During this period, the conditions of
the Hindu widows become more disastrous. The widow was totally excluded
from the society and they loose all the respect in their family also, the rigid

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 caste system also denied all their rights to freedom and social mobility. The
condition of Muslim widow was slightly better as they were allowed to
remarry after the death of her husband or in any other condition after a certain
lapse of time. Jauhar became one of the practices during this period by wives
and daughters of defeated warriors, in order to avoid capture and molestation
by the enemy. Rajput women to maintain their dignity who are known to place
a highest honour in the society generally followed this practice. Under the
Devdasi system, women are considered to the bride of God, but they were
intended to entertain king, priest, and member of the upper classes.

D. WOMEN IN BRITISH PERIOD

Due to education and Western impact on the socio- cultural life of India, the attitude
behaviour and living pattern of Indian society changed drastically during the British
rule. This was the period of makeover of Indian society which change the cultural and
educational system of Indian society and it also lead to change the thinking of the
society. There were two important movements during this period, which changed the
position of women in India, these were The Social Reform Movement of the 19th
century and the Nationalist Movement of the 20th century. The question of equal
status of women was raised by both these movements. The issues, which came under
the Social Reform Movement was Sati Pratha, Child Marriage, prohibition on Widow
Remarriage, ill treatment of widows, Polygamy, exclusion of Education and Property
rights to women. There were many reformers who contribute to reform the position of
women such as Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Mahatma
Gandhi, M.G. Ranade, Aurobindo Ghose, Lokhitwadi and others from all over the
India raised their voice against the evil practices with women. Dayananda Saraswati,
Swami Vivekananda, and Annie Besant believed in reviving the old Vedic society
where women’s have equal rights with men and which presumed as ideal period for
women. The custom of Purdah, denial of widow remarriage, child marriage, and
temple prostitution was highly criticised by Gandhiji. The British regime tried to
check all these evils.
There were the women reformers such as Pandit Rukhmabai and Tarabai Shinde
were lead to reform the women against all the inequalities. Abolition of Sati of 1829
was considered as one of the largest achievement of the reformist movement. The

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 widow also obtained right to inherit the property of the deceased if she has a child in
Dayabagh system. 1n 1856, the Widow Remarriage was recognised by Law. This act
lowered the occurrence of widow remarriage due to an inherent limitation of the act
which restrict widows any right to inheritance and maintenance from the property of
her husband and their children were handed over to the family or relatives of her
deceased husband. There were also Child Marriage Restraint Act, 1929 was enacted
to prohibit the child marriage.

While, in brief, during the British regime, an awareness was created for the removal
of all the social evils against women. The education and organising Political
participation increase women’s mobility during the British period. There were some
laws were also passed which prohibit the social evils against women and which also
rectify women’s unequal position.

E. WOMEN IN CONTEMPORARY INDIA

The drafting of Indian Constitution was one of the important event after Independence
which enshrining the principles of equality, liberty and social justice. The framers of
the Indian Constitution was aware of the all the problems of the female, they have
realisation that the equality between men and women for the development of the
country. In order to eliminate inequality, it was important to promote education and
economic interests of women and this is very important to exercise the human rights.
It became the responsibility of State and Government to provide social and economic
justice in order to protect the women against Exploitation. The Preamble of the Indian
Constitution enshrined these ideals. The Indian women are beneficiaries of many
rights, which are provided in the Constitution of India. Article 14,15 and 16 of Indian
Constitution ensure equality and prohibit discrimination on the basis of Sex. These
provide equal opportunities to women.

The State formulates many laws and rules for women under Directive Principle of
State Policy under the Constitution of India. Some of the directives under Directive
Principle of State Policy are provide adequate means of livelihood to men and
women, equal pay for equal work and maternity relief to women. The dignity of
women is recognised as one of the duty under the Fundamental Duties of Indian

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 Constitution. The committee on the Status of Women in India (CSWI) was constituted
in 1971 was enacted on the request of United Nations General Assembly. The basic
terms of the CSWI were as follow-
 To examine the Constitutional, administrative and legal previsions which provide
social status of women, their education, and employment.
 To suggest more effective measures on the status of women during the last two
decades, particularly in the rural sector.
 To consider the development of education among women
 To determine the factors responsible for the slow progress in some areas and suggest
remedial measures for the overall progress of women.
 To measures the employment and remuneration among women and try to prohibit the
discrimination among the working women.
 To examine the status of women as housewives.
 To undertake survey on the family planning programmes on the status of women.

Unfortunately, the liberty and equality is enjoyed only by a fewer society and majority
of Indian women have not reached to enjoyed these freedoms. The sex ratio of women
is less than the men and birth of a girl still considered as a burden on the family in so
many sectors of Indian society. The health of the women is also ruined due to the
abortions and conceives pregnancy so many times in order to give birth to a boy child,
this is the pathetic reality of women in Indian society. This is still a question that Does
a girl have right to born peacefully and respectfully as compared to a boy child in our
so called society? If a women is not able to bear son their life is considered as a
failures as some extent and sometimes for this reason they are abandoned, followed to
forced abortions and even divorced in some cases. Most of Indian women feel blessed
and secured after giving birth to a boy child.

There are more violence’s against women in today’s society like women was sexually
harassed in every 48 hours, women or a minor girl was abducted in every 26 minutes
for different purposes, women was raped in every 40 minutes and women was
molested in every 14 minutes. This was the bitter truth of Indian society regarding
protection of women.

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 According to the report of UNICEF the sex ratio is declined in India is result in more
girls being married at a younger age, more girls are dropping out the education due to
the marriage in their younger age and the violence against women is also increased
such as rape, abduction, molestation, trafficking and forced prostitution. The
inadequate education to women is one of the main causes of gender bias. The honour
killing is also rooted in the Indian society where mostly the girl was killed to maintain
the so-called respect of the family, still women in India is not allowed for inter-caste
or inter-religion marriage. Therefore, these all evils and violence against women is
still prevailed in modern Indian society. To taking step against these evils, the
government enacted many laws for the protection of women against violence.

F. PROTECTION AND RIGHTS PROVIDED TO WOMEN UNDER

CONSTITUTION OF INDIA
 According to Article 14 of Constitution, the right to equality and equal protection of
law is provided to every citizen, where women have also right to justice.
 Under Article 15(1), it was clearly stated that State shall not discriminate against any
citizen of India on the basis of sex.
 Under Article 15(3), the State shall empower to make any special provision for
protection of women.
 Under Article 16(2), there should be no discrimination in employment or office.
 Trafficking in human should be prohibited and especially in women under Article 23.
 The State should secure for both men and women, an equal right to an adequate
means of livelihood under Article 39(a).
 The State must ensure that there should be equal pay for equal work for both men and
women under Article 39(d).
 The State must ensure that health and strength of working women must be promoted
under Article 39(e).
 The maternity relief should be provided to working women by State under Article 42.
 According to Article 51 A (e), every citizen of India have duty to renounce practices
derogatory to the dignity of women.
 The Indian Constitution also reserved seat for women in Panchayat, Municipality,
Lok Sabha and Legislative Assembly through the Amendment.

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3. LEGAL FRAMEWORK FOR PROTECTION OF WOMEN
AGAINST VIOLENCE IN INDIA
In recent years, the violence against women has become an important topic for
focused in India. Government and Media have placed a great attention on issues
regarding the violence against women. There are many type of violence against
women in India such as Domestic Violence, Dowry Death, Rape, and Sexual
Harassment of Women at Workplace, Forced Prostitution, Cruelty, Women
Trafficking, Medical Termination of Pregnancy Act, Indecent Representation of
Women, Acid Attack, and Honour killing and so on.

A. LEGAL PROVISIONS RELATED TO RAPE

Rape is considered as one of the most heinous crime. Rape is the crime of forcing a
woman to submit to sexual intercourse against her will or without her consent or with
her consent obtained by force, fear, or fraud.

Section 375 of Indian Penal Code, 1860 defines Rape as an unlawful sexual
intercourse between a man and a woman without the consent of women or against the
will of the women. There are many circumstances enumerated for Rape under Section
375 of IPC which are as follow-
1. A man is said to commit a rape if he penetrate his penis, into the vagina, urethra,
mouth, or anus of a women or make her to do so with him or any other person, to
any extent.
2. If he inserts, any object or a part of the body of a women so as to cause a
penetration into the vagina, urethra, anus or any part of the body of woman or
forcefully make her to do so with him or any other person, to any extent.
3. If a man manipulates any body part of a woman so as to cause penetration into
vagina, urethra, anus, or any other body part of woman is said to commit Rape.
4. If a man applies his mouth to the vagina, urethra, or anus of a woman or make
such woman to do so with him or any other person is said to be commit rape.

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 If the above circumstances falling under any of the seven circumstances than it is said
that rape is committed, these seven circumstances are-
a) If above-mentioned circumstances is committed against the will of women than it
is considered as rape.
b) If it is committed without the consent of women than that, it came under rape.
c) When the consent of a woman is obtained, by putting her or any other person, to
whom such woman is interested, in fear of death or hurt, came under rape.
d) When man causes sexual intercourse with women, when he knows that he is not
her husband, and the woman given her consent because she believes that she is
given her consent to which she believes herself to be lawfully married.
e) If a women given her consent to the above mentioned circumstances, by reason of
unsoundness of mind, or intoxication which administered by her personally or by
any other person, and because of all these, she is unable to understood the nature
and consequences of her consent which she given, than it came under the purview
of rape.
f) If a man causes a sexual intercourse with a woman, with or without her consent if
she is under the age of eighteen years, is said to commit rape.
g) If a man has a sexual intercourse with woman who is unable to communicate
consent, it is said that man commit rape with woman.

 SEXUAL INTERCOURSE-
According to section 375 of Indian Penal Code, 1860, sexual intercourse is a
penetration of the penis of a man into the vagina, urethra, anus, or mouth of a woman,
to any extent. To measure the depth of the penetration is immaterial in the
commission of rape. It is enough to constitute the commission of rape that private part
of accused enter into private part of woman. The injuries on private part of woman are
not essential. Ejaculation is not considered as rape it constitute an attempt to commit
rape. Only penetration is enough to prove the sexual intercourse and it is not
necessary to prove the completion of sexual intercourse.

 PUNISHMENT FOR RAPE-

Section 376 of Indian Penal Code, 1860, provide punishment for rape which is if any
person commit rape, than he shall be punished with rigorous imprisonment for either a

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 term which shall not be less than seven years imprisonment but which shall be extend
to imprisonment for life and shall also be liable to fine.

If any Police Officer, Public Servant, Member of Armed forces, Management or Staff
of Jail, Management or Staff of Hospital, Relative, Guardian, or Teacher commit rape
shall be punished with a rigorous imprisonment for a term, which shall not be less
than ten years, but the term of imprisonment may extend for life, and shall also be
liable to fine. Whoever, commit during communal or sectarian violence, knowing to
be woman is pregnant, when she is under sixteen year of age, when she is incapable of
giving consent, when she is suffered from any mental or physical disability, causes
grievous harm to the body of women while committing rape, or commits rape
repeatedly on same woman, shall be punished with rigorous imprisonment which is
not less than ten years but which may be extended to the imprisonment for life, and
shall also be liable to fine.

 CUSTODIAL RAPE
The Indian Penal Code, 1860, the new section, namely, Section 376-B to 3760-D,
introduced by the Criminal Law (Amendment) Act, 1983, to stop sexual abuse of
women in custody. Custodial rape is one of the aggravated form of rape, in which
now minimum 10 year of punishment has been prescribed. A Police officer, Police
servant, management or staff of a jail or remand home or other place of custody where
women and children are kept, and management or staff of hospital may commit
custodial Rape. The person takes advantage of their official position in the case of
custodial rape. The burden of proof is now shifted on accused after the Criminal Law
(Amendment) Act, 1983, in the case of custodial rape.

 Tukaram and Another V. State of Maharashtra (Mathura Rape Case)

This case is commonly known, as the Mathura Rape Case is one of the leading cases,
which witnessed the problem of Custodial rape. The judgement of this case is highly
criticised which is delivered by Justice Jaswant Singh, Kailasham and Khosam.
Mathura, a young orphan girl developed sexual relationship with Ashok nephew of
Nushi to whom house she worked as a labourer. On March 26, 1972, Gama (brother
of Mathura) filed a report that all the concerned parties including Ashok, Nushi, and

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 their other relatives had kidnapped her. They brought before the police station, after
their statement recorded, they walked out. Mathura was asked to wait within police
station by the first appellant Ganpat. He took her up to the washroom, and raped her
in spite of her resisting. After Ganpat, the second appellant Tukaram came and
twiddled with her private parts. Because of the heavy intoxication, he was failed to
rape her. Mathura narrated the entire incident with her brother and other family
member when she got free. After the medical examination, it was asserted that she
was between the age of 14-16 years and her hymen revealed old raptures but it was
stated that there was no injury on her body.

Supreme Court acquitted the accused and overturned the conviction of High Court.
Supreme Court agreed with the judgement given by the Session Court that this was
accepted sexual intercourse and there was no evidence for the forced sexual
intercourse. Supreme Court further added that there was no resistance by a girl
because there were no mark of injury on her body and even she did not raise any
alarm for help.

The judgement was heavily criticised and public started to raise their voice in favour
of Matura and against the judgement and opinion of Supreme Court. This all resulted
in the Criminal Law Amendment Act, 1983, which make custodial rape as a
punishable offence with not less than seven year of imprisonment, it also shifted
burden of proof on the accused, and it also banned publication of victim’s identity and
considered that rape trial should be conducted as in- camera proceeding.

 GANG RAPE-
Section 376-D of Indian Penal Code, 1860, define Gang Rape as, where a woman is
raped by one or more person or group of a person who acting in furtherance of
common intention, shall be punished with rigorous imprisonment for a term which
shall not be less than 20 year of imprisonment but which may be extended to
imprisonment for life and shall also be liable to fine. The fine is given to victim is as
such which are just and reasonable to meet the medical expenses and rehabilitation of
the victim.

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 Each of the person deemed to have committed gang rape, who involved anyway in a
rape of woman, when it is committed. The offence of gang rape embodies the
principal of joint liability, and the existence of common intention is essence of the
joint liability. Common intention is presumed as prior consent or meeting of mind of
all the person, who involved in the commission of gang rape. The common intention
to commit the commission of rape is one of the essential elements of rape. Gang rape
is considered as a heinous crime which came under the rarest of the rare crime.

 Shakti Mills Gang Rape Case

The 2013 Mumbai gang rape, also known as Shakti Mill Gang Rape, was rape of a
photojournalist who was about 22 year old at that time, was gang raped by five
persons in which one was juvenile. The victim was raped in a Shakti Mills
Compound, which was deserted. The accused tied up the victim with belt and raped
her; they also take picture of this entire incident, and threatened the victim that they
release those pictures on social network if she reported the case at anywhere. After the
incident, the eighteen-year-old call centre employee reported that she had been also
allegedly gang raped by on 31st July 2013, inside the same deserted Shakti mill.
Mumbai Session Court convicted the accused in both the cases on 20th March 2014.
The Court awarded death penalty to the three-repeated offender, one was awarded life
imprisonment, and the other accused turned approver in the case. The minors one in
each case was tried by juvenile justice board and provided 3 year sentenced.

 MARITAL RAPE
Marital rape is a form of Partner rape, domestic violence, and sexual abuse, where
husband forcefully having sex with his wife without her consent, which is, consider as
Rape even if both are married. Indian penal code, considered rape by an outsider
under section 375 and 376, but marital rape is not considered as under the purview of
Indian Penal Code. Indian society and Men have opinion that if you to women with
religious ceremony, than it give you a licence to do with your wife whatever you want
to do.

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 “The day will come when men will recognize woman as his peer, not
only at the fireside but in councils of the nation. Then, and not until
then, will there be the perfect companionship, the absolute fusion
between the sexes that shall result in the highest development of the
race.” - Susan B Anthony

According to recent judgement the sexual intercourse of man with his own wife, who
is below the age of 15 years, is considered as the marital rape, but above 15 years is
not considered as rape. It has been concluded that Indian Law and Judiciary have not
successful to provide the proper protection to women regarding Marital Rape. Marital
Rape is still one of the major concerns of Indian Legal System, which require a
immediate focused by law and society. Judiciary should take immediate initiatives in
order to protect women against marital rape. The married women also should be taken
proper care and her own husband in her own house should protect them against sexual
assault. The new act should form for protection of women against violence of Marital
Rape. It also violates Article 14 and 21 of Indian Constitution, which provide freedom
to every person.

B. CRIMINAL LAW (AMENDMENT) ACT, 2013

The Criminal Law (Amendment) Act, 2013, came into force on 3rd February 2013,
which is popularly called as Anti- Rape Law. This act was enacted after the outrage of
entire notion against the heinous gang rape, which was, took place in New Delhi on
the night of 16, December 2012. According to this act, the major Amendment was
introducing regarding sexual offences, the new provisions were also included in this
Act. The Act recognises the broad range of sexual offences against women. The most
important changes have been made in the existing criminal law under Indian Penal
Code, Criminal Procedure Code, and Indian Evidence Act by this Criminal Law
(Amendment) Act, 2013. Justice Verma Committee recommended the ninety percent
of suggestion incorporated in this Act.

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 The main objective of Criminal Law (Amendment) Act, 2013 is to provide
Amendment to Indian Penal Code, Criminal Law Procedure Code, and Indian
Evidence Act on laws which are related to sexual offences against women.

 State v. Ram Singh & Another (2013)

On 16 December 2012 in Munirka (Delhi), a very grievous incident was happened
when 23-year-old girl a physiotherapy intern was brutally raped in private bus by six
accused in front of his male friend. She was brutally beaten and raped by the six
accused, and her private part was damaged by the accused, the victim later died due to
her injuries. Medical investigation of the victim suggested that sharp things that may
be a rod like object that had cause extensive damage uterus, genitals, and abdomen of
victim penetrated her.

The incident was highly condemned and got coverage nationally and internationally.
The public came on the road around all over the country and protested against the
Government of India and Government of Delhi for failing in to prove security and
protection to women. The Delhi Police arrested all the six accused including juvenile
within a day of the commission of crime. The public all over the country demanding
for speedy trial and immediate decision in the case. The five accused were tried
before the Additional Session Judge in the Special Fast Track Court, and the Juvenile
was tried before the Juvenile Justice Board. The accused Ram Sing was found dead in
his cell during the trial. The other accused were convicted for rape, murder,
kidnapping, destruction of evidence, and attempt to murder of male companion who
are with victim at the time of incident under Section 120-B, 365, 366, 307, 376 (2)
(g), 377, 396, 302, 397, 201 and 412 of Indian Penal Code, 1860.

After the death of Ram Singh, the remaining four accused, were found guilty of rape,
murder, destruction of evidence and unnatural offences by the Court. The Court
passed death sentence to all these four accused on 13th September 2013. The juvenile
accused also found guilty for, rape and murder, and the Juvenile Justice Board
sentence him to 3-year imprisonment in a reform facility.

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 THE JUSTICE VERMA COMMITTEE
The Justice Verma Committee was constituted to analyse the Criminal Law and
recommended a proper Amendment regarding sexual offences against women. the
committee was headed Justice J.S. Verma former Chief Justice of Supreme Court; and
the other member are Justice Leela Seth, former Judge of High Court; and Gopal
Subramaniam, former Solicitor General of India.

The Justice Verma Committee submitted its report on 23rd January 2013. The
committee made its recommendation on Rape, Sexual Harassment, Child Sexual
Abuse, Trafficking, Medical Examination of Victims, Police, Educational, and
Electoral reform. The key objective of the committee was to review the proper
amendment and to the criminal law and suggest better measures for offences relating
to women, generally sexual offences against women.

 CHANGES MADE IN CRIMINAL LAW

The following are important amendment introduced in Criminal law-
i. The most important amendment is to introduce a change in the definition
of Rape under Indian Penal Code, 1860.
ii. The offences related to Sexual Harassment shall be punishable with
imprisonment for up to 1 year or fine shall also be awarded and it came
under non-bailable offence.
iii. The Act amended the Act of throwing or administering Acid or attempt to
do this act under Indian Penal Code.
iv. The Act awarded minimum jail for 3 years for the offence of Voyeurism.
v. The life imprisonment or death shall be awarded for repeated offender.
vi. The minimum punishment of one year, which may be extended to 3 years
and fine, shall also be imposed in the case of offences related to Stalking.

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C. THE DOWRY PROHIBITION ACT, 1961
The evil of Dowry is equally prevalent in all the communities’ in India including
Hindus, Muslims, Sikhs, and Christians. Voluntary gift at the time of marriage to the
bride is not objectionable, but if bridegroom or his family member demands presents
and gifts in connection with the marriage, then it would constitute to Dowry. The
demand of Dowry included land, movable, or immovable property, and valuable
securities.

 DEFINITION AND PUNISHMENT FOR DOWRY DEATH UNDER INDIAN

PENAL CODE, 1860
Section 304 B of Indian Penal Code, 1860 define Dowry Death as,

(1) where the death of a women is result by any burns or bodily injury or happened
otherwise than under normal circumstances within seven years of her marriage and it
was visible that soon before her death she was subjected to cruelty or harassment by
her husband or any family member or relatives of her husband for, or in connection
with any demand for dowry, such death shall be described as ‘dowry death’, and it
was deemed that death was caused by husband or his relatives.

(2) if any person cause dowry death that he shall be punished with imprisonment for a
term which shall not be less than seven years but which may be extended to
imprisonment for life.

The essential ingredient of Section 304 B are-

i. The death of the women should be caused by burn or bodily injury,
which is not under the normal circumstances.
ii. The death of women must be occurred within seven years of her
marriage.
iii. The husband of a victim or his relatives, must be subjected her to cruelty
or harassment soon before her death.
iv. The cruelty or harassment caused by husband or his relatives should be
in connection with the demand for dowry.

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 The demand for dowry is one of the main components of dowry death under
section 304 B of IPC, the death of victim must be occurred in consequence of
demands for dowry. The demand of dowry may include land, any movable or
immovable properties, and valuable securities either directly or indirectly by one
party to the other party in a marriage.

In the case, Himachal Pradesh V. Nikku Ram (1995), the Supreme Court started
its judgement with the words, ‘Dowry, Dowry, and Dowry’. The Supreme Court
explains why it uses the word Dowry thrice, because demand for dowry is made
on three occasions before marriage, at the time of marriage and after marriage.

The women are tortured in demands of dowry which either resulted in suicide in
some cases or murder in other cases. The problem related to dowry is one of the
major problems, which are rooted, in Indian society. Sometimes the birth of girl in
India is taken as a burden on family, and one reason for this is demand of dowry at
the time of marriage of a girl. Sometimes the husband or relatives of husband
killed the women to make way for new transaction, which is making through
another marriage. The girl is subjected to many types of cruelty and harassment,
which included both physically and mentally, by her own husband, or the relatives
of her husband. This is one of the burning issues, which need an immediate focus
by the law, and the speedy trial must be provided under the case of dowry death.

 SECTION 113- B PRESUMPTION AS TO DOWRY DEATH-

Section 113-B of Indian Penal Code, 1860 deal with the provisions related to
Presumption as to Dowry death. When the question related to dowry death is occurred
that whether a person has committed the dowry death of a women and it was shown
that soon before her death the victim had been subjected to cruelty or harassment by
such person, or in connection with cruelty or harassment, in any demand for dowry,
the court shall presume such person had caused the dowry death. The burden of proof
in case of dowry death is on accused.

In the case of dowry death, it is presumed that direct evidence in the case of dowry
death is very hard to find because incident was happened in private residential house
and in secrecy than burden of proof is on accused to prove that he was not involved in

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 commission of murder of victim. Section 113- B of Indian Penal Code; provide power
to court that it presumed that accused is involved in dowry death. In both Section 113-
B and 304- B of IPC, provided that soon before the death of a victim she should be
subjected to cruelty or harassment by husband or relatives of the husband. The dowry
demand s also one of the condition in both the section. In the case of dowry death, the
main intention of legislative is to curb the menace of dowry death etc. with a hard
hand. Soon before the death of a victim is measured on the circumstances of the case.

 DEFINITION OF DOWRY UNDER DOWRY PROHIBITION ACT, 1961

In this Act, dowry included any property or valuable security, directly or indirectly,
given or agreed to be given by one party to other party in marriage, or by parents of
either party or by any other party to a marriage, before or at or any time after the
marriage, in connection with the marriage of said parties.

 PENALTY FOR INVOLVING IN DOWRY

Whoever involved in, gives, takes, abets in giving, or taking of dowry, shall be
punished with imprisonment for term, which shall not be less than five years, and with
fine, which shall not be less than fifteen thousand rupees or the same amount of value
of such dowry, whichever is more. The special reason should be recorded in
judgement.

The penalty for demanding dowry, directly or indirectly, from the parents or other
relatives of a bride or bridegroom, he shall be punishable with imprisonment for a
term which shall not be less than six months, but which may be extended to two years,
and shall also be liable to fine, which may be extended to ten thousand rupees. Any
agreement, which is made for giving or taking dowry, is considered void in the eyes
of law.

 OVERVIEW OF DOWRY PROHIBITION ACT, 1961

Parliament enacted the Dowry Prohibition Act in 1961 with an intention to prohibit,
present, obtaining or demanding dowry by any means from any of the party in
marriage. The act included dowry as any movable or immovable property, assets,
land, or any other valuable securities. The agreement made between two parties

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 regarding dowry is invalid in the eyes of law. Maher or dower given during Muslim
marriage is excluded from the purview of this Act.

The offering, acceptance, or assistance made in connection with dowry is penalising

under the act, with imprisonment for five years and with fine of rupees fifteen
thousand or sum equal to dowry given by the party. If either party during marriage
given a gift or present in marriage than that is excluded from the description of dowry.
The person who is involved in demanding or claiming dowry than he shall be
punished for an imprisonment which shall not be less than six month but which shall
be extended up to two years, and shall also be liable to fine, which shall be extended
to ten thousand rupees. If any person involved in the advertising or publishes valuable
securities and consideration in return of marriage of his son or daughter, or any
relatives than he shall be punished according to the punishment provided under this
act and shall also be liable to fine. Any exchange of consideration in relation to dowry
is invalidated in the eye of law.

The First Class Judicial Magistrate and Metropolitan Magistrate have power to take
cognizance of offence under this act. The Court shall take cognizance of offence by
the complaint of aggrieved party, or by his own information, or by the police report of
the offence, or complaint filed by any society or welfare association etc. the Criminal
Procedure Code is recognized by the Act regarding the matter specified under the act.

According to this act the State Government have power to appoint the Dowry
prohibition officers in the areas where it consider appointing such officer. The main
function of the officer are the prevention of receiving or abetting to receive dowry,
collection of evidence relating to dowry, other function which are entrusted by the
State Government etc. the Central or Sate Government can formulate the rule in
matters relating to enumerated under the act. The gift or present offered during the
marriage shall be retained by the bribe.

 In the case of Reema Aggarwal v. Anupam and Ors. (AIR 2004, 3 SCC 199), The
appellant was married to the respondent in January 1988. Just after her marriage, her
husband and the family member of her husband subjected her to harassment. The

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 family member including husband, mother in-law, father-in-law, and brother-in-law.
They harassed her in relation to demand for dowry. One day she was admitted in the
hospital and the FIR was lodged by police against all the accused. She given her
statement to Police officer that all the accused tried to kill her by putting acid in her
mouth. It was told that her husband were in second marriage. Session Court acquitted
all the accused on the basis that it was the second marriage during the life of his
surviving wife and it was considered that this marriage was invalid. In this case,
Supreme Court held that the provisions in this case were interpreted wrongly and
Supreme Court order for flexible interpretation.

 In the case of Pamiben v. State of Gujarat (AIR 1992 SC 1817), Supreme Court
convicted the mother-in-law of victim under Section 304- B of Indian Penal Code on
the dying declaration of deceased in which she said that her mother-in-law put her on
fire with intention to kill her, and it was held that there was no ground that was
committed the suicide. Court punished the accused and it was held that it was most
heinous and barbaric crime.

D. LEGAL PROVISIONS REGARDING CRUELTY

Section 498-A of Indian Penal Code was introduced by the Criminal Law (2nd
Amendment) Act, 1983, which came into force on December 25, 1983. Life for
married women is sometime very difficult and so miserable that it drags women to
commit suicide, and in such cases, section 498- A of Indian Penal Code comes into
picture.

 CRUELTY UNDER INDIAN PENAL CODE, 1860

Section 498-A of Indian Penal Code- Husband or his Relatives of a women subjecting
her to Cruelty- Whoever being the husband or his relative of a women, subjected her
to cruelty shall be punished with imprisonment for a term which may extend to three
years and shall also be liable to fine.

The Cruelty under this section means any wilful conduct which pushed the woman to
commit suicide or to cause grave injury or danger to the life of the woman, danger to

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 her health whether physically or mentally; or harassment of the woman which may be
related to meet any unlawful demand for any movable or immovable property or
valuable security.
The main essentials of the offence of cruelty-
a) The victim must be a married woman; widow is also included under the section.
b) Her husband or the relative of her husband must subject her to cruelty.
c) That such cruelty included of either-
i. Harassment of women to meet the demand for dowry; or
ii. A wilful conduct by the husband of victim or relative of her husband of such
a nature, which provoke the woman to commit suicide, or cause grave injury
to the life of a woman, limb or health.

 In the case of, State of A.P. V. M. Madhusudhan Rao (2008), it was held that every
harassment does not amount to Cruelty within the meaning of section 498-A, it
included only the harassment which committed for purpose of coercing a women or
any person related to her to meet an unlawful demand of property etc. This is mainly
amount to cruelty, which are punishable under section 498-A of Indian Penal Code.
Cruelty can be either mental cruelty or physical cruelty which leads a women to
commit suicide or which is dangerous for the health of a woman. The concept of
cruelty and its effect varies from person to person.

 Classification of offence of Cruelty- the offence under section 498-A of IPC is

cognizable, if the information is given by any person related to victim by blood,
marriage or adoption, or if there is no such relative by any public servant belonging to
such class as may be notified by the State Government in this behalf to the any officer
in-charge of a Police Station.

The main object of section 498-A is to combat the menace of dowry death and
harassment to a woman at the hand of her husband and relatives of her husband. The
complaint under section 498-A can be filed within 3 years of the alleged incident
according to section 468 of Criminal Procedure Code. The offence of cruelty is a
continuing offence and on each period when women were subjected to cruelty, she
would have a new starting point of limitation. The Court can take cognizance under
section 498-A only upon the fact of Police Report which constitute such offence, or

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 the complaint made by the relatives of victim. For the offence constituted under this
act, the parties must be undergone some sort of ceremonies relating to marriage. A
woman in a live- in relationship is not entitled to file a complaint under the section; a
woman must be married to take penalty under the section.

 MISUSE OF PROVISIONS RELATING TO CRUELTY

The many instances come to light where complaints filed under section 498-A was
mala fide and have been filed with circuitous motive. In such cases accused was
acquitted prior to trial or in between the trial. Sometimes media coverage causes
misery in the case. Sometime provision was used by woman as a weapon against her
husband or his relative to fulfil her demand or to teach lesson to her husband.
However, mere possibility of misuse of a legal provision does not invalidate the
provision, which is helpful for many women.

 CRUELTY AS GROUND FOR DIVORCE

Matrimonial relation is generally a emotional relation, it demands mutual trust,
respect, care, love and affection with sufficient reasonable adjustment with the
spouse. The social norms are also conforming by the matrimonial relationship in a
sacred form, but now matrimonial relation is governed by framed statute, which
changed these norms and social order also. Divorce is generally breakage and
dissolution of marriage regarding the provisions provided in law. The cruelty is one of
the main reason for divorce, it is sufficient that if the cruelty is of such type that it
become very difficult to live together, and it generally become impossible for women
to live with her husband, than divorce is provided to them on these grounds.

 PROVISIONS RELATED TO OFFENCES AGAINST WOMEN UNDER INDIAN

PENAL CODE
The crime against women were classified under Indian Penal Code as such- dowry
death, assault or criminal force, kidnapping from lawful guardianship, kidnapping
abducting or inducing a woman, selling minor for purposes of prostitution, rape,
remarriage, enticing or taking away or detain a married woman and cruelty. Rape,
Cruelty, and Dowry death we discussed above in a detail. Now here we discuss other
provisions.

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 KIDNAPPING AND ABDUCTION OF A WOMAN
According to section 360 of IPC, whoever takes or entices any person under eighteen
year of age if a minor is female, or under sixteen year of age if a minor is male, or any
person of unsound mind, out of the custody of lawful guardianship of such minor or
unsound person, without the consent and knowledge of such guardian, is said to
kidnap such minor from lawful guardianship, shall be punished with imprisonment
which shall extend to seven years and shall also be liable to fine. Under the offence of
kidnapping if women is under eighteen year of age than the consent given by her is
immaterial. Section 366 of Penal Code enumerate that whoever kidnap or abduct any
women in order to she will be compelled to marry any person against her will, or she
may be forced or seduced to illicit intercourse shall be punished with imprisonment
which may extend to ten years, and shall also be liable to fine. The offence under this
section is no bailaible. According to section 372 and 373 a person who involved in
selling, letting, buying or hiring of a minor shall be punished with imprisonment up to
ten years and shall also be liable to fine.

 OUTRAGE THE MODESTY OF A WOMAN

According to section 354 of Indian Penal Code, whoever assaults or uses criminal
force to any woman, intending to outrage the modesty of a woman, shall be punished
with imprisonment which shall not be less than one year but which may be extended
to five years, and shall also be liable to fine. In order to convict the accused under
section 354, the prosecution has to prove not only that accused assaulted or used
criminal force against woman but also it must be proved that accused did it either with
the intention, to outrage the modesty of a woman or the knowledge that it would
outrage her modesty.

 IMPORTATION OF GIRL
According to section 366-B of Indian Penal Code, enumerates that whoever imports
into India from any other country outside the India and from Jammu & Kashmir, any
girl under the age of twenty one years with the intention to forced or seduced her to
illicit intercourse with any other person, shall be punishable with imprisonment which
may be extend to ten years, and shall also be liable to fine. The offences under this
section is cognizable, non- billable and also non- compoundable, and the offence

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 under section 366-B is exclusively triable by Court of Session. Article 23 of Indian
Constitution prohibited trafficking in human being, and makes it as a punishable
offence.

 BIGAMY IS PUNISHABLE OFFENCE

According to section 494 of Indian Penal Code, marrying again during lifetime of
husband or wife is consider as void in the eyes of law, and the person who involved
under second marriage, shall be punished with imprisonment for a term which may be
extended to seven years and shall also be liable to fine. The person, whose marriage
was declared void by the competent Court, will not cover under this section.

 STALKING
According to section 354-D of Indian Penal Code, whoever follows a woman or
contact, or attempt to contact with her for personal interaction repeatedly after
disinterested by such woman, or follow a woman by internet, email or any other form
of electronic communication, is commit for the offence of stalking. The person who
commits the offence of stalking shall be punished on first conviction for
imprisonment, which may extend to three years, and shall be liable to fine, or he may
be on second or subsequent conviction shall be punishable with imprisonment, which
may be extended to five years and shall be liable to fine.

 UNNATURAL OFFENCES
According to section 377 of Indian Penal Code, any person who voluntarily have
carnal intercourse against the order of nature with any man, woman or animals shall
punished with imprisonment for life, or imprisonment which may extend to ten years,
and shall also be liable to fine. In many rape cases, a woman became victim of
unnatural offences, and accused person shall be liable under this section, also
including the offence under other sections.

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E. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE

ACT, 2005
Violence against woman both in their homes and outside is one of the major concerns
of all over the world. The one reason for this violence is unequal position of women
in society. There are some violence against women is in behind the closed door of the
family, these violence is termed as domestic violence. Domestic violence is in form of
actual violence or threat of abuse to women in the form of physical, mental, sexual,
verbal, emotional, and economical, or harassment of a woman in demand of dowry.
Domestic violence violates the liberty and dignity of a woman and it is against the
human rights. The hopelessness of women about her situation harms her more than
the actual violence, it destroy her personality and faith in her own family.

 DOMESTIC VIOLENCE ACT, 2005

Protection of women from domestic violence act, 2005 came into force on26 October
2006, and its main objective is to protect women against violence of domestic
violence. This act is promising legislation that combines civil remedies with criminal
procedures to protect women against domestic violence, and provide immediate relief
to the victims of violence. Many of the victims of domestic violence if continue in the
abusive relationship than they are at high risk of further violence and even there is the
risk of death in that relation. Many women are not report complaint against domestic
violence and in many cases, it go unreported. Domestic violence creates the position
of a woman very weak and vulnerable in her own family, she is pushed to live a
miserable life. It is said that home is the safest place for women but in many cases, it
is most dangerous place for them.

The Domestic Violence Act recognizes a right of woman and work to provide a safe
home to every woman. The act covers those women who live in an abusive
relationship. The Ministry of Women and Child Development, the National
Commission for Women, and non- governmental organizations have also taken
initiative to protect the women from domestic violence and provide immediate relief
to the victim of domestic violence. The enactment of the domestic violence act is one
of the initiatives of the Government for the protection of women against domestic
violence. The scope of the act is very wide and it can take every major steps which are

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 necessary towards the protection of a women. The act also prescribed punishment for
the offender who involved in domestic violence, directly or indirectly, and provide
appropriate remedy to the victim of domestic violence.

 SCOPE OF THE DOMESTIC VIOLENCE ACT

The scope of the Domestic Violence Act is widened up from over the year. The main
objective of the act is to provide protection to the wife or woman live-in partner from
domestic violence at the hands of male partner. In the latest judgement of Madras
High Court, it was held that the complaint under this act need not be made only
against men. The act provides protection for women also against other women such as
sister-in-law or mother-in-law. The violence under this act includes actual violence or
threat of violence, which may be physical, sexual, verbal, emotional, or economical.
The act also includes harassment of women regarding the demand of dowry.

The scope of the domestic violence act has widened to great extent as it include actual
abuse and threat of abuse. If a men threatened her partner to not to fulfil her day to
day requirement by not paying her food or good than that is also included in the
purview of domestic violence act. Harassment of women regarding demand for dowry
and same from relative is lso amounted to domestic violence. The protection under
this act is available to those women who shared household with her male partner or
with abuser.

Any relationship between two people who lives together or live at any point of time,
live together in the shared household are domestic relationship. Any act or conduct, or
any omission or commission that harms or injures, or capacity to harms or injures
amount to the domestic violence. Physical abuse is in nature to cause bodily pain,
harm, or danger to life, limb or health of a woman. Sexual abuse is any conduct which
degrades, humiliate, or violate the dignity of a woman, or it also covers the forced
sexual intercourse. Verbal and Emotional abuse, is in nature of insult, humiliation,
ridicule, or accusation on women’s character or demand for dowry and blackmailing
to not fulfil it. Economic abuse is not fulfilling the day-to-day requirement of woman
or deprived a woman from financial resources.

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 The protection officer is appointed by the State Government under section 8 of the
domestic violence act for monitoring the cases of domestic violence. The duty of
Protection officer is to assist the Court in the cases relating to the domestic violence.
The Protection officer also submit its report and application regarding the offence of
domestic violence against women and children. Protection officer will ensure that
victims are provided legal aid, medical facilities, shelter, and other assistance, which
are required. The Protection officer can be penalised if he refuse to discharge his duty
or fail to perform his duty.

The rights of women, which are recognized under the act, are a right of women to
reside in a shared household. The woman has right to alternate accommodation if it
required in her case. The women have right to get services of Protection officer and
service provider if there is need for their services. The women have right to get relief
under domestic violence act, such relief are, residence order, protection order,
economic relief, custody order for her children, and interim or ex-parte order.

 In case of, Chanmuniya V. Virendra Kumar Singh Kushwaha (2011), the question
was raised regarding maintenance to be paid in cases of live-in-relationships,
presumed marriage, de facto marriage and cohabitation cases. There is also a question
regarding interpretation of the word ‘wife’. In this case it was held that, the act gave a
broad interpretation to the words ‘domestic abuse’ and ‘domestic relationship’. In the
case the Court have viewed that the broad interpretation should be given to the term
‘wife’, which include even in those cases where woman and man are living together
as husband and wife from a very long period of time, and there is no strict proof of
marriage is required for maintenance under CrPC.

 OVERVIEW OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE

ACT, 2005
The domestic violence act is originated from Article 15(2) of Indian Constitution
which clearly stated that “State can make special provisions for women and children”
towards relating to right to equality. It is necessary to provide a better law to women
for her protection against domestic violence, and also provide her access to that act or
law. In domestic violence act the access is provided to women through Protection

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officer and recognizing the role of a Service provider. Thunder the act the additional
duty is imposed on the government to provide legal aid, medical facility, shelter
homes in the cases where it required. The victims provided both civil and criminal
remedy; the criminal law is to punish the offender, and civil law providing relief to
victim.
a) Definition of “Domestic Violence”
The word “Domestic Violence” for the first time defines in Indian law under this
act. The abuse under this act includes not only physical violence but also included
other form of violence, like sexual, verbal, emotional, and economic abuse. The
definition provided under this act is based on definitions in international law such
as the UN Declaration on Violence Against Women and a Model Code. Domestic
violence violates the liberty and dignity of a woman, and it is the violation of
human rights.

b) Relief Provided Under the Act

The relief, which are provided under the personal law regime on family matter, is
not changed by the act at all. The act provides the additional relief with existing
laws and fulfils the objective to empower a woman to tide over an emergency
condition. After obtaining the relief under this act, a woman can also go for
demanding relief in any other law.

c) Procedure to Obtain Orders and Reporting of Violence

The provisions are made for reporting the domestic incident under the act, which
have produce important record at the time of producing the evidence. The act also
provides the manner in which application under the act is made. It provide that the
breach of order under the act, obtaining a criminal offence.

d) Access to Justice Under the Act

The protection of women against domestic violence act, 2005, provide for an
appointment of Protection officer and recognizing the role of Service provider,
their duty is to provide women access to justice and provide them proper
assistance. The Protection officer have duty to provide legal aid, medical service,
shelter counselling and other needed services by the victim, the Protection officer
assisted all these services to the women to utilise these facilities.

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e) Key Point in Domestic Violence Act to Remember-
i. It is a Civil law for protection of women and provides them to relief, and
not mean to penalise or punish the wrongdoer.
ii. It recognizes the right to shelter of women, it provide the right of a woman
to live peacefully in a violence-free home.
iii. It not provides the permanent relief, it provides only temporary and
emergency relief, and the victim can take permanent relief in other laws.
iv. It is a law in reaction to the emergency needs of the women, it provide
facilities to the victim who are in immediate requirement of that facility.
v. It has certain changes from civil law to criminal law, so when the Court’s
order or Protection order is violated, criminal law will take position of
civil law.
vi. The Protection officer and Service provider is appointed under the act, to
provide immediate service to victim, and help women to get the access to
the law and justice, they also provided other assistance to a woman, which
are required.

f) Procedure involved under Protection of Women from Domestic Violence Act,

2005-
i. Any person who has ground to believe that any offence relating to
domestic violence has taken place or likely to take place can
inform the Protection officer.
ii. A Police officer, Protection officer, Service provider, or Magistrate
who receive the complaint against domestic violence shall inform
the aggrieved women about her rights and facilities provided her
under the act.
iii. The Protection officer by taking initiative under the case makes a
Domestic Incident Report to the Magistrate and forward the copies
of report to the Police officer in charge, to ensure that aggrieved
person get all the benefit mentioned.
iv. Once the matter comes to the Magistrate, he shall fix the first date
of the hearing, which must not be generally beyond three days from
receipt of the application by the court, and within the period of 60

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 days from the date of first hearing shall seek to dispose of the every
application.
v. The Protection officer shall serve the notice of the date of hearing
to the respondent and any other person within a maximum period
of two days as directed by magistrate.
vi. The Magistrate may direct the both parties or single party for
counselling, or he may also direct for the proceedings in camera.
vii. The aggrieved shall not be evicted from shared household and she
have right to reside there in meantime of the case going on.
viii. When Magistrate is satisfied that there is domestic violence in the
case, can pass an protection order or residence order in favour of
aggrieved, and direct the respondent to pay the monetary relief to
the aggrieved person.
ix. The court can punish the offender either with imprisonment or with
fine or both in case of breach of protection order.
x. The Central and State Government shall take measure to ensure
that every provision given under the act fulfilled in an appropriate
manner.
xi. The Central and State Government also ensure that every
provisions of the act are given wide publicity through media, so
every person have knowledge regarding all the provisions provided
under the act.
xii. The Central Government has empowered to frame the rule under
this act, but the appointment of Protection officer is in the hand of
State Government.
xiii. The each rule under the act specifies the rights of a victim and the
duties of the authorities under the act.

F. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

Women are the unique gift of God; they have extraordinary power of courage, energy,
and leadership. They play a vital role in each and every role of life be it social,
political, domestic or in any phase of life. In today’s life, the women the woman goes
outside and works for an working purposes. A woman is nowadays taking higher

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 education, and work everywhere with men. Many women have passionate over her
job for earning and to fulfil her passion regarding work. The working women now
found in all over the field of work and giving best attributes to the community. In
Indian society, it was not possible for women to work outside but nowadays the
mentality of society changes and they started to support a woman in their works, but
still there are persons who are not supported the women in fulfilling her passion.

 SEXUAL HARASSMENT OF WOMEN

After Independence of India, for various reason like education, employment and
political awareness and so on women are came into sight before men in public, move
with them, take education together, and work together etc outside family control and
protection. The women have bravely move outside independently and protect herself
from various atrocity including sexual harassment. After getting a higher education,
the women employees at workplace are not getting proper justice and their right to
gender equality curb. At workplace the women faces many hardships and is full of
grief. In public place the exploitation and harassment of a woman is one of the
concerned topic. The list of crime against woman is very long and in that crime sexual
harassment of a woman is major concern.

Sexual harassment of women in the workplace have a historical background which are
practiced by men kept it in secret, endured by women, not disclose it publically, and
kept it under the four walls. Sexual harassment is in of universal nature prevailing in
all over the world in many forms. Sexual harassment is generally a unwelcome sexual
behaviour, which causes injury to mind and body of a women. Sexual harassment is
one of the reason of violation of human rights, inequality between the gender and
injustice towards the women. Sexual harassment at the workplace is the violation of
human rights and fundamental rights under the Indian Constitution. Sexual
harassment violates the dignity and honour of a woman. Sexual harassment include
the unwanted and unwelcome sexual behaviour, physical contact, coloured remarks,
sexual demand whether by word or gesture or by any action, showing pornography to
a woman after refusing her to watch.

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 TYPES OF SEXUAL HARASSMENT
In United States, sexual harassment is categories into two ways-
a. Quid pro quo, is a Latin phrase, which means ‘something for something’, it means
in return. The person in authority at workplace is involved in type of harassment.
The authority or supervisor at workplace is engaged in the blackmail of quid pro
quo sexual harassment. When supervisor or employer demands for sexual favour
in return of promotion in job, training opportunity a pay rise, a transfer of place, or
even continuing in employment, or threaten the victim to change working
condition for her. The following element is proved in establishing a quid pro quo
sexual harassment
 The victim in this case must be a woman.
 She was subjected to unwanted and unwelcome sexual conduct.
 The harassment of a woman was based on sexual advances, demand for
sexual favours or other verbal sexual comment, or physical conduct of a
sexual nature.
 Submission to the unwelcome and unwanted conduct was may be express or
implied condition for receiving benefit in job.
 The employer or agent of the employer at workplace was carried out the
harassment.

b. Hostile Work Environment at Workplace, U.S. prohibits the hostile work

environment sexual harassment. It is unwanted conduct of a sexual nature, occurs
where physical, visual or verbal sexual harassment is enough to create an abusive
working environment. In the hostile work environment does not require a loss or
threat of loss of job or promise to benefit in any nature. Any person who interferes
with with the individuals work performance, comments about body of a woman,
given sexual remarks, request for sexual favour, or other verbal or non-verbal
comment, or any physical conduct of a sexual nature is said to involve in sexual
harassment of a woman. A person who harasses a woman may be any person at
workplace. In the sexual harassment, the conduct must be unwelcome and
unwanted conduct. This form of sexual harassment was first recognized in the
U.S. in order to penalize sexually harassing behaviour.

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 In the case of, Vishaka v. State of Rajasthan, sexual harassment at workplace is dealt.
The many important guidelines related to sexual harassment at workplace was issued
in this case. It is one of the landmark cases relating to sexual harassment at workplace
given in the history of sexual harassment. In this, case a social worker Bhanwari Devi
in Rajasthan gang raped by five accused, because she had tried to stop child marriage.
Bhanwari Devi not looses the hope and determined to get justice, and lodged a case
against the offender with the help of female social worker. They all filed a writ
petition in the Supreme Court under the name of ‘Vishakha’, the Court issues various
important guidelines for preventing Sexual harassment at Workplace, which formed
the basis of The Sexual Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Act, 2013.

 GUIDELINES ISSUED BY SUPREME COURT REGARDING SEXUAL

HARASSMENT OF WOMEN AT WORKPLACE-
i. Any authority at workplace or other answerable person is bound to prevent
such incident from happening. If such incident is happened then, the
organization must provide conciliatory and prosecutionary facilities to the
aggrieved.
ii. Sexual harassment here means sexual behaviour, which is direct and indirect
as, physical contact or advances, a demand for sexual favour, sexual remark
on women, showing pornography without interest, and any other unwanted
and unwelcome physical, verbal, or non-verbal conduct of sexual nature.
iii. Every employer is under an obligation to notify the prohibition of sexual
harassment, the government should frame rule and regulation to prohibit
sexual harassment, the work condition for a woman must be appropriate, and
female employee should feel a sense of equality in the working atmosphere.
iv. The employer is bound to start the prosecution with complaining to
appropriate authority and the victim should provided all sort of protection
while dealing with complaints and they must provided a secure environment.
v. In the case of violation of service rule, the Appropriate Disciplinary Action
should be taken.
vi. The organization must have a redressal mechanism to deal with the offences
here.

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 vii. A woman must head the complaint committee and in committee, the half of the
member must be women who take care of the offences.
viii. The issue of sexual harassment must be raised during employer and employee
meet.
ix. Sexual harassment is a social evil, so the employer should take adequate step
in order to spread awareness.

 SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,

PROHIBITION, AND REDRESSAL) ACT, 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013is a legislative act in India which are enacted to protect women from sexual
harassment at their workplace, it came into force from 9 December 2013. The act was
enacted after guidelines were given in Vishaka case.

Sexual harassment result in violation of the fundamental rights of a woman, under

Article 14 and 15 of Indian Constitution, and her right to life and right to live with
dignity under Article 21 of Constitution of India. The act will ensure that the women
should be protected against sexual harassment at all the workplaces, and to provide
gender equality.

 MAJOR FEATURES OF THE ACT-

i. The act defines sexual harassment of women at workplace, and creates a
procedure for redressal of complaint, and provide safeguard against false
charges.
ii. The act provide ‘quid pro quo’ and ‘hostile work environment’ as form of
sexual harassment regarding act and behaviour of sexual harassment.
iii. The definition of ‘aggrieved person’ has a wider scope which mostly cover all
the women at workplace.
iv. The employer may be any person who is responsible for management,
supervision, and control of workplace.
v. The committee under the act is required to complete the inquiry within a time
period of ninety day, and the report will sent to employer or the District
officer.

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 vi. There must be Internal Complaint Committee at each office or branch with ten
or more than ten employees.
vii. The Complaint Committee have the power of civil court for gathering
information and provide proper relief to the aggrieved party.
viii. The Complaint Committee have power to provide for conciliation before
initiating an inquiry, if the aggrieved party requested by the complaint.
ix. The process of inquiry under the act should be confidential, and provide a
penalty for Rs. 5,000 if any person breaches confidentiality.
x. The government can develop policies against sexual harassment.
xi. The act also covers students in schools and colleges as well as patient in
hospitals.

G. LAW RELATING TO PREVENTION OF IMMORAL TRAFFICKING OF

WOMEN
India has drafted many laws and acts to deal with the issue of trafficking in women
and minor girls. There are many laws was enacted to deal with the prostitution and
trafficking in women. The laws, which provide protection to women against forced
prostitution and trafficking is, find its expression in the Indian Constitution, Indian
Penal Code, and in enactment of Immoral Traffic Prevention Act, 1956. There were
many amendments and bill was passed to protect the women against immoral
trafficking.

 PROSTITUTION
Generally, a prostitute is a woman, who provides sexual services to man in return of
payment. Prostitution is considered as a heinous sinner, but many women involved in
prostitution to fulfil her basic needs and basic requirement of her family. This is the
problem, which are prevailing in all over the world. In many places of all over the
world, the prostitution is offered at many public places also such as church, temple,
and many other places. In India, prostitution was found from an ancient period. At
some places, women work as a Devdasi, where she is treated as the servant of God.

According to the recent census, there are around 2-3 million sex workers activated
across all over India. Most of them voluntarily involved in the prostitution, but most

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 of them forcefully abducted and thrown in prostitution, is said to be forced
prostitution. The sex workers is victim of either poverty, or trafficking, and some are
also become victim of social worker. Prostitution is legal in India but not totally, in
some phases it is allowed and in other it is allowed. The profession is governed by
The Immoral Traffic (Suspension) Act, 1956 (SITA) and The Immoral Traffic
(Prevention) Act, 1986 (PITA).

According to survey it was stated that majority of women prostitute does not take this
profession voluntarily, but they were forced in this profession without her will. There
are many brothels in country, which illegally existed. Many brothels are highly
indulged in the profession of prostitution, some women and girls are born into
brothels and other places where prostitution is carried on, and they automatically
involved in this profession, and no one care that they want to involved in this or not.
The eldest daughter of the Bachara Tribe, are expected to join the profession of
prostitution in India, which is totally illegal. The Immoral Traffic Prevention Act,
1956 was brought into force in order to legalise the profession of prostitution with
some restrictions.

 TRAFFICKING IN PERSON
Trafficking in person means procuring, inducing and taking of a person for the
purpose of prostitution and begging, and may be for any other purpose. Even attempt
to do all this is came under the purview of trafficking. Human trafficking is a very
heinous crime, which are rooted in all over the world, in India it is one of the major
concerned issue. Trafficking in women is one of the grave offences, which throw
women into prostitution without her will. Many girls are transported from one place to
other in order to carried on those women in the profession of forced prostitution.

 PROSTITUTION AND TRAFFICKING

Trafficking and Prostitution is not a same thing. Prostitution is a commercial
exploitation while trafficking involved many phases such as trafficking of women for
purpose of prostitution, pornographic material, promoting sex tourism, for sexual
exploitation of women, massage parlour and for many other purposes. In trafficking a

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 person moved from one place to other place, and prostitution is carried on generally at
any specified place.

 TRAFFICKING UNDER INDIAN CONSTITUTION

According to Article 21 of Indian Constitution no person shall be deprived of his life
and person liberty except the procedure established by law, under this article it is also
provide that every person have right to live his or her life with dignity. The right to
life also included to live life with dignity, and no person shall deprived by this right.
In many cases, it was held that the women and girl in prostitution have right to rescue
and rehabilitation.

Article 23 of Indian Constitution prohibits trafficking in human being and also

prohibit the all form of exploitation in human being, it prohibit the forced prostitution.
The human trafficking is illegal and unlawful trade in persons, for the purposes of
commercial exploitation, forced prostitution, and forced labour. The offence under
article 23 is offence, which is punishable, and every person who involved in these
offences are punished by the proper legislation. Trafficking in women means selling
or buying of women like goods for the purpose of prostitution, or exploitation of
women in any other form. Parliament is authorized to make law for punishing the
offender who involved in the trafficking, under Article 35 of the Indian Constitution.
In pursuance with this Article, Parliament has enacted the Suppression of Immoral
Traffic in Women Act, 1956, for the prevention of prostitution and many form of
trafficking in India, and one of the main purposes of this act was for punishing acts,
which result in traffic in human beings. According to Article 23, the individual is
protected not only against the State but also against the private person.

 THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956

The Immoral Traffic (Prevention) Act, 1956 was enacted in pursuance of the
International Convention signed at New York on 9th May 1950, for prohibition and
prevention of immoral trafficking in human being. The main object of this act is to
suppress the evil of prostitution in women and girls and provide opportunity for
rehabilitation of women who unwillingly involved in prostitution. The Suppression of
Immoral Traffic in Women in Women and Girls Act, 1956 was not succeed to fulfil

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 its objectives, in result of this it was drastically amended in 1978. Now its name is
changed to The Immoral Traffic (Prevention) Act, 1956. The act deals with not only
social evil but also with the socio-economic problem the provision provided under the
act are more preventive than punitive. The main objective of the act is not only to
prohibit prostitution, but it also provides provisions for rehabilitation or prostitutes.

 IMPORTANT PROVISIONS PROVIDED UNDER THE ACT

The act deal with certain important expressions, some of them are as follow-
a) Brothel
According to section 3 of Immoral Traffic Prevention Act, 1956 any person who
involved in keeps or manages, or acts or assists in the keeping or management of,
a illegal brothel, shall punished on first conviction with rigorous imprisonment for
a term which is not less than one year and not extended three year and shall also
be liable to fine which may extend to two thousand rupees. In the event of second
or subsequent conviction, with rigorous imprisonment for a term, which shall not
be less than two years and not more than five years and shall also be liable to fine
which may extend to two thousand rupees.

Any person being a tenant , lessee, occupier or person in authority of any

residence, uses that premises, or knowingly allow other person to use that
premises as a brothel, than he shall be punished under this section according to the
punishment provided under the act. Any person being the owner, lessor or
landlord of any premises, or agent of such owner allow the same premises with
knowledge that such premises, to be used as a brothel, than they shall be
punishable under the act, according to the punishment given under this section.

b) Living On The Earning Of Prostitution

Any person who is above the age of eighteen years knowingly lives, wholly or
partially, on the earning of prostitution, if any person fulfil his basic needs on the
earning of prostitution shall be punished with imprisonment for a term which may
extend to two years or with fine which may be extended to one thousand rupees,
or may be punished with both. If any person live on the earning of the minor girl,

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 shall be punished with imprisonment for a term of not less than seven years and
not extended to ten years.

 TRAFFICKING OF WOMEN FOR THE PURPOSE OF PROSTITUTION

According to Section 5 of The Immoral Traffic Prevention Act, 1956, whoever
procures, induces, or takes any women or attempt to do this for the purpose of
Prostitution shall be punished with imprisonment for a term, which is not less than
three years and may be extended to seven years and shall also be liable to fine. If any
person procures, induces, or takes any women or girl against her will, and forced her
into prostitution shall be punished with imprisonment for a term of seven years and it
shall be extended to imprisonment for fourteen years and shall also be liable to fine.

A. Detaining a Person where Prostitution is carried on-

According to Section 6 of The Immoral Traffic Prevention Act, 1956, any person
who detain any woman or girl, may be with her consent or may be without her
consent in brothel or other place where prostitution is carried on shall be punished
with imprisonment for a term which shall not be less than seven years or which
may be extended for life imprisonment, or which may be extended for a term of
ten years and shall also be liable to fine.

B. Prostitution in Public Places

According to Section 7 of The Immoral Traffic Prevention Act, 1956, any person
who involved in carried on prostitution in any premises, which are situated within
a distance of two hundred metres of public religious worship, educational
institution, hostel, hospital, nursing home or such other public places shall be
punished with imprisonment for a term which may extend to three months, and if
the offence is committed in case of the minor child than he or she shall be
punished with imprisonment which may extend to ten years, and shall also be
liable to fine.

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C. Seducing or Soliciting a Women
Any person who, who at any public place, seen or heard from any public place, or
may be in any building or house, seduce any woman by words, gestures, or any
wilful exposure for the purpose of prostitution, solicit or molest any woman for
the purpose of prostitution, shall be punished on first conviction for a term which
may extend to six months, and on second or subsequent conviction it may extend
to one year, and shall also be liable to fine.

D. Special Police Officer

State Government may appoint a Special Police at the area where prostitution is
carried on for dealing with the offences under this act, under Section 13 of this
act. The Special Police appointed under this act must not be below the rank of
Inspector of Police.

E. Protective Homes
According to Section 21 of The Immoral Traffic Prevention Act, 1956, the State
Government has power to issue licence for the establishment of Protective Home,
in accordance with the condition prescribed under this act. The State government
may appoint such officer, to make a complete investigation in respect of
application filed which are related to license for protective homes. The licence
issued under this act shall not be transferable. Any person who establishes or
maintain, any protective or corrective home without licence except in accordance
with the provision of this section, shall be punished with imprisonment which may
extend to one year, or with fine, or with both.

F. Trial
According to Article 22 of Immoral Traffic Prevention Act, 1956, the trial under
this act no Court, which are inferior to Metropolitan Magistrate or the Judicial
Magistrate of First Class shall try any offence under Section 3, 4, 5, 6, 7, or 8.

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 G. Special Court
According to Section 22-A of Immoral Traffic Prevention Act, 1956, the State
Government after consultation with High Court shall establish Special Court to
deal with the matter prescribed under this act. According to Section 22-AA of this
Act, the Central Government shall establish a Special Court to deal with the
matter prescribed under this Act.

 THE IMMORAL TRAFFIC (PREVENTION) AMENDMENT BILL, 2006

The Immoral Traffic (Prevention) Amendment Bill, 2006 amends the Immoral Traffic
(Prevention) Act, 1956, to tackle with the offence relating to trafficking and sexual
exploitation of women for commercial purposes. This bill was passed to provide
protection to the woman who forcefully involved in trafficking and prostitution. The
many important provision is provided in bill to deal with the harassment of prostitutes
and their client. The bill consist of five main features-
i. It removes the provision in 1956 Act, which are related to prosecution of
prostitute soliciting for customers.
ii. In the bill, new provision is provided for prosecution of client.
iii. In the bill, the term “trafficking in person” is defined and provides for
penalties.
iv. The new bill enlarges the amount of penalties in some offences.
v. The authorities are constitute at Central and State level to combat trafficking,
under amendment bill of 2006.
Under the new bill, it is provided that all offences relating to trafficking under the bill
shall be tried in-camera. The Special Police, not below the rank of sub-inspector is
appointed by the State Government to deal with the offences under this act, with
proper care and caution. The authorities may be established under this Act to combat
the offence of prostitution and trafficking in persons, by the Central and State
Government.

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 INITIATIVES TAKEN TO COMBAT TRAFFICKING IN WOMEN-
i. The Central Government formulate the National Plan of Action to Combat
Trafficking and Commercial Sexual Exploitation of Women and Children
1998, with the object of mainstreaming and reintegrating aggrieved person of
Trafficking.
ii. Central Advisory Committee was constituted with the purpose that it give
advice on methods and tactic to address the problem relating to trafficking
and prostitution.
iii. Nodal cell in the MHA was set up with aim to prevent the Trafficking was set
up by the Ministry of Home Affairs.
iv. Many workshops were organized by the government to spread awareness
relating to offence against women such as trafficking in women.
v. The Ministry of External Affairs ha undertake to bring Special Task Forces to
combat cross border trafficking to stop illegal transportation of women.

H. LEGAL PROVISION RELATED TO TERMINATION OF PREGNANCY

In India, termination of pregnancy of a girl child is practiced through a ancient time.
The birth of a girl is taken as a burden on family and on the shoulders of father. If
there is already a girl child and second child in the womb of mother is also girl, than
that child was generally terminated by the family even against the will of a mother.
There are many illegal intentions, which lead termination of pregnancy of a girl child.
In order to prevent this type of termination of pregnancy, government enacted The
Medical Termination of Pregnancy Act, 1971, and the Pre- Conception and Pre- Natal
Diagnostic Technique Act, 1994.

 FEMALE FOETICIDE
Women are murdered all over the world due to many reason, but in India the most
brutal form of killing females take place regularly even they don’t get opportunity to
born. From a very ancient period, India has possessed the sinful legacy of killing of
girl child. In ancient time, when the scientific technique is not so advanced to, and it
was not possible to determine the sex of child in the womb of mother, than the female
child was killed when she born after adding opium to the infant’s milk. In case if, she

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 was not killed, than they were ill treated by their own family, and got no respect and
position in her own family.

Aborting female foetus is both practically and socially accepted in India, killing of
girl child in the womb of a mother is become practiced at some places. Nearly one
million-girl child in India is killing annually without getting an opportunity to born,
and in some cases if she born than her life becomes full of grief and misery. One of
the reason of female foeticide is demand of dowry, in this country marriage is
considered as important part of life, but demand of dowry during marriage create
serious problem on the family of bride, this lead the killing of girl child in the womb
of child.

Female foeticide is unlawful, and legally it is a penal offence. It is the heinous crime,
to abort a pregnancy, generally because the foetus is female. While abortion is legal in
India, but abortion of a child is just because the foetus is female is illegal, and
considered as a heinous crime. The simple technique of ultrasound, disclose the fact
that the foetus in a women womb is a girl child or boy child. The government enacted
Medical Termination of Pregnancy of Women Act, 1971, Pre- Conception, and Pre-
Natal Diagnostic Technique Act, 1994, with purpose to eliminate the termination of
pregnancy of a girl child.

 THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

In Indian society, abortion has been considered as a taboo. The termination of
pregnancy of female foeticide is well practiced in India. The girl child is taken as a
burden on the family, so she is killed in the womb of her mother. The inequalities
between men and women, and a woman is considered as inferior to man, this is also
one of the reason for female foeticide.

Many countries to all over the world liberalised the pregnancy act from last thirty
years. According to this act, the termination of pregnancy is permitted in certain
cases. According to Section 2(d) of Medical Termination of Pregnancy Act, 1971, the
medical practitioner who conduct the pregnancy is must be qualified with such

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qualification, which is prescribed under the act, they must have such experience to
conduct such practice.

 GROUNDS FOR TERMINATION OF PREGNANCY-

Section 3 of The Medical Termination of Pregnancy Act, 1971 provide a
ground for termination of pregnancy by qualified medical practitioner such
as:-
The Medical Practitioner is not guilty of any offence, if he terminated the
pregnancy of any woman with the provision provided under this act. The
Medical Practitioner terminate the pregnancy in such cases which are provide-
a. The length of pregnancy must not be for more than 12 weeks.
b. If two medical practitioners have opinion that termination of the
week of pregnancy exceeded from 12 weeks to 20 weeks but not
more than that.
c. If continuance of pregnancy is become dangerous to the life of a
woman.
d. If there is risk of grave injury to the physical or mental health of a
woman.
e. If the pregnancy is caused by rape, and court permitted for that
pregnancy.
f. If there is a risk that child is born with risk of physical or mental
abnormalities, and if there is a serious risk, that child may born
handicapped.
g. If there is immediate, need to eliminate the number of children.
h. If the health of female is degrade because of that pregnancy.

The act does not allowed for termination of pregnancy after twenty weeks,
and the opinion of medical practitioner is must be in good faith. The act not
provide that injury to the health of women is how much grave, and it totally
depend on the medical practitioner that they decide, there is need of
termination of pregnancy or not needed too much.

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  CONSENT FOR ABORTION
According to Section 3(4) of The Medical Termination of Pregnancy Act,
1971, the consent of women who is going to terminate her pregnancy is an
essential factor, the consent of her husband is irrelevant under this act. In case
of pregnancy of a girl where she is below the age of eighteen year, then the
consent of her guardian is essential for termination of pregnancy of that girl,
and consent must be in writing.

 WHERE PREGNANCY IS TERMINATED

According to Section 4 of The Medical Termination of Pregnancy Act, 1971,
the pregnancy can be terminated at the hospital, which is established or
maintained by the Government, or at a place, which is approved by the
Government for the fulfilment of purposes of this act. According to Section 5
of this act. A doctor may terminate a pregnancy in good faith at any place, if it
is immediately necessary to save the life of a pregnant woman.

 KEY FEATURES OF THE MEDICAL TERMINATION OF PREGNANCY ACT,

1971-
i. It specifies that when pregnancy could be terminated, it may be extended to
twenty weeks of pregnancy and not more than that.
ii. It indicates the specification, in which manner pregnancy can be done.
iii. It indicates the qualification of registered medical practitioner in which
manner they terminate the pregnancy of woman.
iv. Only government approved the place where termination of pregnancy is
carried on.

 PRE- CONCEPTION AND PRE- NATAL DIAGNOSTIC ACT, 1994

The Pre- Conception and Pre- Natal Diagnostic Act, was enacted in 1994, and it was
amended and successfully implemented in 2003, and it accurately amended again in
2011. The main aim of this act is to curb female foeticide in India; the act banned pre-
natal sex determination, and brings it in sphere of offence. Female foeticide is major
issue in India, government take many step to curb this issue, and this act was the

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 result of the step taken by the government to stop female foeticide. Son has a main
preference over daughter in majority of the family and that is one of the biggest
reasons for female foeticide, killing of a girl child in the womb of her mother is very
easy to discharge from duty of unwanted child. The pre natal diagnostic help to know
the sex of child in the womb of mother.

The main objective for enacting this act is to prohibit the use of sex selection
technique of a child and prevent the misuse of pre natal diagnostic technique, which
lead to abortion of a female foetus. Sex selection is generally the identification of sex
of a child before they born and abort the unwanted sex foetus. This type of sex
selection and abortion of that sex is sometime against the will of a pregnant woman,
her consent become immaterial and she is forced by her family to abort the female
foetus.

A. The Main Provisions Of The Act-

i. Under this act, the sex selection before or after the conception is prohibited.
ii. The pre natal diagnostic technique allowed only to detect the necessary
pregnancy procedure like genetic abnormalities, metabolic disorders etc.
iii. The determination of sex of foetus is prohibited to every laboratories, centre,
or clinic to conduct any testing including ultrasonography.
iv. No person, including who conduct the medical treatment of pregnant woman,
will communicate the sex of the foetus to the pregnant woman, or her any
relatives.
v. Any person, who gives an advertisement for pre natal and pre conception sex
determination in any form of advertisement, shall be punished for an
imprisonment for up to 3 years and shall be liable to fine, which may extend to
10,000 Rupees.

 In case of, Voluntary Health Association of Punjab V. Union of India (2016),

Voluntary Health Association of Punjab, an NGO, filed a writ petition in the Supreme
Court in 2006, against Union of India and others for effective implementation of Pre-
Conception and Pre- Natal Diagnostic Act, 1994, to prohibit female foeticide in India.

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 Supreme Court issues important Guidelines in this case-
i. The State Government and Union Territories in India shall maintain a
centralised database registered for the information available from the website
regarding the number of boys and girls being born, to know the exact sex
ratio.
ii. The birth information shall be collected from each District, Municipality,
Corporation, or Gram Panchayat, which are exactly displayed on the website.
iii. State Medical Council should necessary step after getting the information
under the provisions of such act.
iv. The proper action should be by the proper authorities under this provision.
v. The proper action has been taken if any provisions of this act are violated.

I. THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT,

1986
The Indecent Representation of Women (Prohibition) Act was enacted on 23rd
December 1986, with an object to prohibit any representation of women indecently by
way of advertisements, writing, painting, figures, or publication or in any other
manner. This act extended to all over the country except the State of Jammu &
Kashmir.

According to Section 2 of The Indecent Representation of Women (Prohibition) Act,

1986, any act or word such as advertisement, label, and distribution, indecent
representation of women, package, and prescribed. According to Section 3 of this act,
any indecent representation of women in any form, by any person who advertise,
publish, arrange, or take part in publication or exhibition of any form of obscenity is
punishable offence.

The State Government can appoint Gazetted Officer, under Section 5 of this act, who
can makes rule with regard to entry and search any place at any time where he
believes an offence has been committed. Under the important provision of this act, the
proper authority can seize any book, paper, film, writing, slide, painting that
contravenes the provision of this act, he can examine any record, document and seize.

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 They can seize these record but they cannot enter into any private house without
warrant issued by Court or Magistrate.

The person who committed any offence under this act than he shall be punished with
imprisonment, which may be extended to two years and shall be liable to penalty,
which may extend to 2,000 Rupees. If same offence committed for the second time
than offender shall be punished for imprisonment, which may be extended to five
years and shall be liable to fine which may be extended to one lakh Rupees. If a
company, or person in charge of such company commits any offence shall be stated as
guilty of the offence committed under this act than such person is liable for that
offence and punished accordingly.

According to Section 10 of this act, the Central Government have power to make
rules to carry out the provision constituted under this act. In this act the manner of
seizure is also provide that in which manner any record or document is seized.

 THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION)

AMENDMENT BILL, 2012
The Indecent Representation of Women (Prohibition) Amendment Bill was
introduced in Rajya Sabha on 13th December 2012, and for further examination and
report, it was referred to the Parliamentary Standing Committee on 21st December
2012. The Bill was introduced to broaden the scope of law, which cover the electronic
form and audio- visual media, and provide strict punishment for violation of provision
under this act. The Bill also proposes that the Police officer not below the rank of
Inspector to enter premises and carry out search and seizure of any material, if there
was reason to believe that the offence under this act is committed at any place.

The Indecent Representation of Women (Prohibition) Amendment Bill, 2012,

proposes the necessary changes to the existing framework, to address the problem of
increased objectionable to the women. The bill also introduces some provisions
strictly to curb the problem provided under this act. The Bill also introduces that what
advertisement would fall within the scope of this act.

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 LAW RELATED TO INDECENT REPRESENTATION OF WOMEN UNDER
INDIAN PENAL CODE
According to Section 292 of Indian Penal Code, 1860, which deals with sale of
obscene book, pamphlet, paper, writing, painting, drawing, representation etc. or
whoever involve in selling, distributing, circulating etc. of any obscene thing, than he
shall punished on his first conviction with imprisonment for a term which may extend
to two years and fine which may extend to two thousand rupees. If the offence under
this act is committed for second or subsequent conviction, with imprisonment for a
term, which may extend to five years, and also with fine which may extend to five
thousand Rupees.

 In case of, Ranjit D. Udeshi v.. State of Maharashtra, the test of obscenity
was established. The appellant was a bookseller, involved in selling of a copy-
unexpurgated edition of Lady Chatterley’s lover, and some other obscene
material. He was convicted for the offence of obscenity under section 292 of
Indian Penal Code. The constitutional validity of right to freedom of speech
and expression under Article 19 of constitution is raised under this section.
Supreme Court held that freedom of speech and expression is subjected to
certain restrictions, if it is required in interest of general public.

 In the case of, Uttam Singh v. Delhi Administration, the accused was found
guilty for selling a packet of playing cards portraying the luridly obscene
naked pictures of men and women, in pornographic obscene sexual postures.
When Police raided the shop than other obscene material was also found. The
accused was found guilty under Section 292 of IPC, and Trial Court punished
him for rigorous imprisonment and order to pay fine of five hundred rupees,
and in default of paying fine, imprisonment for another three months.

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J. LAW RELATED TO ACID ATTACK AGAINST WOMEN IN INDIA
Generally, women became a victim of acid attack, it seen an alarming growth in India
over the last two decades. There are many factors, which such as social weakness of
woman in the male dominating society, but this topic is generally neglected by the
lawmakers. Sometimes acid become weapon to threat a woman or to take revenge
from women, acid is inexpensive and easily available that’s why it is used frequently.
Acid attack not only physically harm a woman but also psychologically and socially.
Acid attack is a heinous crime and a woman is mostly affected by this crime.

 ACID ATTACK
Acid throwing is most brutal form of crime against women in all over the world, in
India acid throwing is growing from time. Acid attack has fast rise crime in last few
years and generally, the victim of acid attack is mostly women and only women. Man
has chosen the additional form of method to exploit the life of women, hydrocolic
acid, and sulphuric acid are easily available in market and many time it is used against
women, which disfigured the face of a woman and even melt the bones of the victim.
A woman who became the victim of acid attack is lost totally, her life become
miserable, and it takes a long time to recover her and in many cases she was not even
recovered and her life become hell for her.
 Consequences Of Acid Attack
The most common effect of Acid Attack are the lifelong face and bodily
disfigurement of women, and her life become miserable. The acid attack is in
form of violent assault by throwing burning substance on the face and body of
a woman, with an intention to give her grave pain on the body and mind of a
victim. Mainly acid are thrown on the face of a women in order to spoil her
beauty and disfigure her face, it damage her face totally and sometime even it
is not possible to recognize her, in some cases it make her blind. The life of
victim of acid attack is become worse and it also affects her personal, social,
economical, and psychological life, and her life become hopeless.

The medical expenses of acid attack victim are very high, and even in some cases she
is not able to pay for its expenses. Acid made make the body of victim paralyzed as it

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slowly eat the skin of a victim and some cases it damages her bone too, in some cases
a victim become blind and deaf too, so it damaged the overall personality of a victim.

 Legal Effect of Acid Attack against Women

In India, there is no definite law or act to deal with the cases of acid attack.
The Indian Penal Code attempt to deal with the cases of acid attack.

 Causing Grievous Hurt by use of Acid

Acid Attack was recently introduced as a distinct offence through Criminal
Law (Amendment) Act, 2013, under Indian Penal Code, 1860. The new
section 326A and 326B was introduced under Indian Penal Code, through this
amendment to deal with the cases of throwing the acid and attempt to throw
the acid. According to this amendment, who practiced to the heinous crime of
throwing acid shall be punished with punishment provided under Section
326A and 326B of Indian Penal Code, 1860.

According to Section 326A of Indian Penal Code, 1860, any person who
causes permanent or partial damage or deformity, or burn or maim or disfigure
or disable, any part of the body of any person, or causes grievous hurt to that
person by throwing or administering acid, shall be punished with
imprisonment which shall not be less than ten years but which may be
extended to imprisonment for life and shall also be liable to fine.

According to Section 326B of Indian Penal Code, 1860, any person who throw
or attempt to throw acid or attempt to administer acid on any person, with the
intention of causing grievous hurt or permanent or partial damage or burns or
deformity or maiming or disfigurement or disability to that person, shall be
punished with imprisonment which shall not be less than five years, but which
may be extended to seven years, and shall also be liable to fine.

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  Prevention Of Acid Attack & Rehabilitation Of Acid Attack

Victims Bill, 2017

The Bill was enacted to prohibit the regulation of sale, supply, and use of acid
for prevention of acid attacks and rehabilitation of women who become victim
of acid attack and other matter connected therewith. According to this bill no
person shall allowed to sale or deliver or transport acid without having
permission from an proper authority, and they have keep the record of proper
identity, quantity of acid and for the purpose for which the acid is to be used.
The main provision of this bill is-
a. To provide for classification of acid on basis of concentration and
intensity of acid, and prohibit the sale of high concentrated acid for daily
purposes.
b. The identity of buyer of acid must be verified and purpose for buying the
same should be recorded, provided by the bill.
c. The dealer should maintained proper record of stock, sales etc. of acid.
d. Six-month imprisonment and fine should be provided, for unregulated sale
of acid.
e. The victim of acid attack should be treated as person with disabilities for
the purpose of availing benefit under various schemes of the governments.
f. The maximum punishment for victim of acid attack should be increases
under Section 326A and 326B of Indian Penal Code.
g. The minimum amount of compensation to acid attack victim should be
increases as ten lakh in cases of grievous hurt and three lakh in other
cases.
h. The monthly allowance should be provided to victim of acid attack.
i. If there is need, the cosmetic surgery should be provided to victim of acid
attack.

 In the case of, Laxmi v. Union of India & Ors., a PIL was filed in the Supreme Court
of India by Laxmi, a acid attack victim, for compensation to survivor of acid attack,
for control over the sale of acid, and guaranteed access to medical care to the survivor
of acid attack.

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 The Supreme Court issues many guidelines in result of this PIL-
i. The Court order for collection of Data from all over the country, it was
showed that there were 282 acid attacks in all the states.
ii. The majority of acid attack victim is in Uttar Pradesh (185), followed by
Madhya Pradesh (53), and Gujarat (11). Delhi is the only Union territory
where victim of acid attack was found.
iii. Section 357A was inserted into Criminal Procedure Code, 1973, through the
amendment, for the purpose of compensation to victim and their dependant
and to prepare a proper scheme for the rehabilitation of victim.
iv. Amendment was introduced in Indian Penal Code, and Section 326A and 326B
was added which basically deals with acid attack.
v. The Victim Compensation Scheme were notified in all the State and Union
Territories to provide relief to the victim of acid attack.
vi. The first aid should be provided to the victim, and after that, the victim should
be shifted to the hospital where specialized treatment provided.
vii. No clinic can refuse the treatment of victim of acid attack, and if hospital
refuses for treatment than the victim can take legal action.

K. HONOUR KILLING IN INDIA

The increasing growth of honour killing has shocked the country. An ‘Honour
Killing’ is a murder of a woman and may be other person to whom she fall in love to
maintain the ‘honour code’ in the family and community. ‘Honour Code’ is a so
called respect of a family where women are perceived and forced to bear all the
responsibility of family and society for maintaining communal honour. Honour killing
is a heinous crime and extreme abuse of human rights; it’s also violating the
fundamental rights. Honour killing is one of the kind of cultural crime in the country,
an honour killing is a murder of family member or community member by one, or
more family members and community members with believe that the victim brought
dishonour upon family or community.

Honour killing is the act of violence or murder committed generally by male family
member against the female family member, the main reason behind this is that she
refused to involve in arranged marriage, and she want to marry that person to whom

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 she love. It was believed by the family member that respect of her family could be
damaged by the behaviour of a woman. The dishonour, which is cause by a woman to
the family, is different in different types in different family. Caste system, which still
prevailed in the society, is one of the main reason of honour killing, if a woman fall in
love with the man of a other caste that the family considered as it bring dishonour to
the family, it also hurt the male ego of that family. Every year 100 of cases of honour
killing brings into the country.

 KHAP PANCHAYAT
Khap Panchayat is a traditional local judicial body, which are mostly activated in
North-Western region of India such as Haryana, Northern Rajasthan, Uttar Pradesh,
Delhi. These panchayat is mostly take care to protect the ancient cultural roots of the
community. The khap panchayat are a part of rural social set-up, and they have their
existence since fourteenth century. There are generally powerful person of society
involved in these panchayat, they are generally belong from upper caste of the
society.

From last few years, khap panchayat is constantly in news for their role in brutal
murder of girl and boy who wished to marry to different caste, gotra, or religion. The
boy or girl may belong from same village or different village. The khap panchayat
generally consist of powerful person who generally a dominant caste, it is smaller
body at village level.

 In case of Shakti Vahini the Supreme Court of India, issued important guidelines to
prevent Khap incident, are as follow-
i. All the incident of honour killing in every districts, villages has been reported
in the past, should be finding out by the government.
ii. The villages where khap panchayat is working in the last five years should be
identified by the government.
iii. If any inter- caste marriage occurs in any district or village, the
Superintendent of Police and other member of Police department should be
carried out the extra vigilant at that place within their jurisdiction.

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 iv. The khap will be criminally liable for any harm caused to the couple or their
family member of that couple.
v. The Police must informed the Panchayat that holding khap meeting at any
place is an illegal meeting and that should not be happened again.
vi. According to Section 144 of Criminal Procedure Code, 1973, the Police
should invoke provision of law, in order to prevent the meeting of Khap.
vii. The Police have power under Section 151 of Criminal Procedure Code, 1973,
to arrest all the participant of khap assembly, if needed.

 PREVENTION OF CRIMES IN THE NAME OF ‘HONOUR’ AND TRADITION

BILL, 2010
The Law Commission of India in 2012 prepare a draft bill to prohibit to address the
problem of khap panchayat and to prohibit the interferences in marriage by other
person, the informal group who tried to break the marriage would be treated as an
‘Unlawful Assembly’ and resultant that amount to harassment, discrimination, social
boycott, or incitement to violence should be punishable with minimum punishment
according to offence. The draft was similar to the draft proposed by National
Commission of Woman to prevent the narrow and conservative approach of society
towards marriage.

The Bill protects the couple against violation of their human rights, and against the
expulsion of socio- economic sanctions, and restricts the khap under village panchayat
or any community, from disapproving the marriage of the couple. There are
provisions for punishment in the Bill to all the person involved, including family
members or any other person to cause any hurt or grievous hurt to the couple and the
burden of proof in this case is lies with the accused.

L. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

The largest population of Children in the world are found in India, it is nearly about
472 million, in which 225 million are girls. The child sexual abuse is one of the major
concerns in all over the country, in which majority of girl child are sexually abused.
To prevent the sexual abuse of children the legal framework was enacted, The
Prevention of Children from Sexual Offences (POCSO) Act, 2012.

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 WHY THE POCSO ACT, 2012 WAS ENACTED
There is no specific provision in Indian Penal Code, 1860, for the protection of
children against sexual violence. There is various reasons for enactment of
POCSO Act, such as-
i. There is no specific provision to deal with sexual offences with
children under Indian Penal Code, and there was no provision to deal
with male child.
ii. The given provision is less efficient to deal with the child sexual abuse.
iii. The sexual offences against child was increases.
iv. The question of protection of child and their safety remain
unanswered, if the abuser is member of family itself.
v. To stop online child abuse, which is child pornography is previously
deal by Information Technology Act, 2000.

 SALIENT FEATURES OF POCSO ACT-

a. Any child below the age of eighteen years, and the protection of best
interest of child and their well-being, is provided under POCSO Act. The
act ensures the physical health, emotional, intellectual, and social
development of the child.
b. The different form of sexual abuse is defined under the act, where
aggravated form of sexual abuse is also defined, and it also defined the
person who committed the offence under this act.
c. The trafficking of child for different purposes is also provided under the
act and proper punishment for trafficking of child and abatement of
trafficking is provided under the act with rigorous imprisonment for life,
and fine.
d. The main offences, which provided under the act are penetrative sexual
assault, sexual assault, sexual harassment, child pornography, aggravated
sexual assault and aggravated penetrative sexual assault.

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M. THE NATIONAL COMMISSION FOR WOMEN
The National Commission for Women is a statutory body of government of India
under the Indian Constitution, which was established in January 1992 under the
National Commission for Women Act, 1990, with main objective to present the right
of women and to provide voice for their issues and concerns. The important mandate
of this commission are to analyse the Constitutional and legal safeguards for women,
it recommend legislative measures for protection of rights of women, and give the
advice to the government on making of new policy regarding women and policy
which affect women.

 Important Functions of National Commission for Women-

a. The main function of NCW is to investigate and examine all matters to the
protection and safeguards provided for women under the Constitution and
other legislation.
b. Provided recommendation for effective implementation of safeguard
related to women to Central and State Government.
c. Make report related to safeguard provided to women and presented such
report to the Central Government.
d. It bring out inadequacies and shortcomings after reviewing the legislation
related to women, and it also provided proper solution for that.
e. Present cases to appropriate authority related to violation of law against
women.
f. Works and take proper step towards the rights of women.
g. Look into complaints regarding violation against women, and can take suo
moto action over all those complaints.
h. Ensure welfare and relief for women, by mitigating hardship of women.
i. If there are specific problems or situations related to women, than it call
for special studies or investigation to provide proper solution to that
condition.
j. If there is any planning process of socio-economic development of women,
than NCW take part in these planning processes.

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4. INTERNATIONAL CONVENTION FOR VIOLENCE
AGAINST WOMEN
Violence against women is a worldwide phenomenon, which is one of the major
issues, and there is immediate need to take right step for the protection of women.
there are many steps take from all over the world to prevent violence against women,
and ensuring them to get access effective remedies. There are many conventions and
treaties are enacted to prohibit the violence against women to worldwide for the
protection of women against those violence. The important convention enacted for
protection of women are- Universal Declaration of Human Rights, Declaration of the
Elimination of Discrimination against Women 1967, Convention on Discrimination of
all form of Discrimination against Women 1979, Declaration on the Elimination of
Violence against Women 1993, Optional Protocol to the Convention on the
Elimination of Discrimination against Women 1999, Convention on the Political
Rights of Women 1953, Convention on the Nationality of Married Women 1957, and
United Nation Millennium Declaration 2000.

A. UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights was adopted in 1948, its exercise its
powerful influence both internationally and nationally. According to the provisions of
UDHR, women along with men are entitled to all rights and chances of life, the term
no one and everyone is used for both men and women. according to Article 2 of this
declaration everyone is entitled to all the rights and freedom including both men and
women without any kind of discrimination such as race, colour, sex, language,
religion etc. according to Article 16 of the Declaration, man and women with majority
age have the right to marry and form a family without any race, nationality or
religion.

B. DECLARATION ON THE ELIMINATION OF DISCRIMINATION AGAINST

WOMEN, 1967
The Declaration on the Elimination of Discrimination Against Women was adopted
on 7 November 1967by the United Nation General Assembly, with objective to
provide to provide equal rights to women in the field of economic and social life.

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 According to Article 10 of the Declaration, all important measures should be taken to
ensure to women equal rights with men in the field of economic and social life. The
Preamble of the Declaration stated that in spite of various measures take to prevent
extensive discrimination against women, but it still exist, but it recalled the same for
the protection of women.

C. CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN 1979
In this convention, it has focused that State Parties to the International Convention on
Human Rights have the obligation to provide the equal rights of men and women to
enjoy every rights of life such as economic, social, cultural, civil, and political rights,
and it ensure to provide all these rights to the women. UN and Specialized agencies
adopted resolutions, declarations, and recommendations for the promotion of equality
of rights between the men and women, it have also provisions to provide justice.
According to Article 1 of the Convention discrimination against women was defined
which means any exclusion, distinction, or restriction made on the basis of sex and on
in any other form, it provide fundamental freedom to all without any discrimination.

D. DECLARATION ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN,

1993
The Preamble of this Declaration stated that Declaration on the Elimination of
Violence Against Women is the first International human rights mechanism to
basically deal with the issue and concern of violence against women, it provided that
violence against women violated the women’s human right and their access of
fundamental freedoms. Under this declaration, the broad definition of word
‘Violence’ is provided which also includes psychological harm inflicted on women. it
also protect the right to life and right to personal liberty of women, and right to free
from all form of discrimination.

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E. OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN, 1999
The State Parties to Protocol recalled the Convention on the Elimination of
Discrimination against Women in which the State Parties further criticize
discrimination against women in each forms and agreed to follow, by all necessary
means and without any delay, a policy of eliminating discrimination against women in
all forms. The full and equal enjoyment of all human rights and fundamental freedoms
by women by the States, and to also ensures for effective action taken to prevent
violation of these rights and freedoms. A State Party also agree to present Protocol to
form a committee to receive and consider communication submitted by or on behalf
of individuals, under the jurisdiction of State Party.

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5. JUDICIAL APPROACH IN DEALING WITH PROTECTION
OF WOMEN AGAINST VIOLENCE
Indian Judiciary, during the last few years has been overwhelmed with tremendous
number of cases relating to offences against women, which are relating to the
violation of human rights of women. The alarming increase the crime against women
with increasing demand of dowry, torture and cruelty related to domestic violence,
increasing crime related to sexual assault, trafficking of women for different purposes,
offences related to minor girls, and many other offences which violates the human
rights and fundamental freedom of women. There are many laws enacted in recent
past years to prevent the crime against women. Judiciary, Media, NGOs, and many
campaign organized by the government work to prevent the crime against women and
provide necessary measures for the protection of women against different violence.
Judiciary is one of the important pillars which keep in view to each and every
offences committed against women and try to provide the best remedies to the
victims.

A. ROLE OF JUDICIARY FOR PROTECTION OF WOMEN AGAINST

VIOLENCE
Judiciary is considered as one of the important pillar to take a necessary steps for
women against different type of violence, and it play a very vital role for the
protection of women. Judiciary view the conditions and situations of women in a very
holistic manner. Judges have their own philosophy and their own views towards the
women, but their ultimate goal is to provide justice and they are also responsible to
take every such measure, which provided protection to women and prevent crime
against her. It is the judiciary, which interprets, and implements the law, a judge is
eye witness of real life drama in a court, they have all ideas what is going on in the
society. Judiciary play very important role to provide gender equality and for the
empowerment of women, there are many landmark judgement provided by judiciary,
which help women to fight against violence in their house and in society and live her
life with every rights and full freedom.

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B. ROLE OF JUDICIARY IN UPHOLDING SPECIAL PROVISIONS FOR
PROTECTION OF WOMEN UNDER CRIMINAL LAW
In its recent judgement Supreme Court decided the Section 497 of Indian Penal Code
have no need to exist because it is used as a weapon from both husband and wife. In a
past Supreme Court expresses a view that there is immediate need to enact a law for
the minor children against sexual assault because IPC not deal it in a better way, and
that result in a POCSO Act.

 Judicial Approach towards sex workers and sexually abused

women, Court directed State and Central Government under Article 21 of

Indian Constitution, to act for the welfare of prostitutes, and to understand
their perspective and impoverished situation. It also directed the Government
to prepare a scheme and policy for giving technical and other important
training to the sexually abused women and sex workers in all over the country.

 Important Judicial Role in Stop Acid Attack, In the case of Acid

survivor Laxmi, Supreme Court issues many direction regarding compensation
and medical facility provided to the acid attack victim, increase in punishment
to victim, and sell and buying of acid in market. Supreme Court takes vital
steps towards the safety of women in the country against the heinous crimes.

 Judiciary Provide Validity to Live in Relationship, Court held that

continuous cohabitation between a man and woman in a ‘live-in-relationship’,
is presumed as a marriage unless and otherwise proven. The decision of the
Court provided protection to that woman who becomes victim for not
performing marriage ceremony, and who lives with a man for a long time
without any rights.

 Role of Judiciary in Providing Maternity Benefit to Pregnant

Women, The Supreme Court give its decision that 26 weeks holiday
provided to pregnant women in her employment before their delivery, it also
immediate medical facility to pregnant women if she needed. In the case of

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 surrogacy, the maternity benefit also provided to surrogate mother, and she
also have right for all medical facility.

 Judicial Role in Protection of Women from Exploitation, Supreme

Court decided in a case that the Children of the Prostitute have the right to
equality of opportunity, care, dignity, protection, and rehabilitation to enjoy
their social life.

 Judicial Role in Safeguarding Rape Victims, Supreme Court held that

women also have right to life and liberty, which included dignity, their honour
and dignity, cannot be violated at any cost. Supreme Court provides its
judgement relating to two finger test of rape victim, held that it should not
violate the dignity of a woman, such medical service to victim of rape must be
provided by State.

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6. CONCLUSION AND SUGGESTIONS
Violence against women is a rapid increasing problem in India, and it become one of
the major issue, which need an immediate attention. In Indian society, women become
victim of inhumane treatment mortification, torment, and exploitation, and new trend
is abduction, rape and murder of a women. Violence against women affected all
classes of women in India and there is no particular class where women are mostly
affected. In many instances, women fall victim of conservative practices, which
violates their basic human rights. Violence on women affected the lives of millions of
women in worldwide, and in India, it affected a large number of women, they become
victim of violence in their day-to-day life. Female victim of violence is maximum
treated as like they have to face all these without any argue.

Since 1960s to till now the cases of violence against women like wife- beating, rapes,
kidnapping and abduction, dowry death, murder, molestations, harassment etc., which
covered both public and private violence against women, is always in news, which
clearly mentions the plight of women. Instead of decreasing, the violence against
women it increases in different forms like many heinous crime such as rape, honour
killing, acid attacks etc., is now rapidly growing. If we analyse the status of women
from history to modern time there were various stages of rise and fall in position of
women. In certain field like education, employment, defence and in many sectors the
position of women become well if we compare to old time, but not every women got
an opportunity to enjoy all these rights and freedoms. In modern era also, women are
not so free to move any place wherever they want, fear regarding the violence on her
is also one of the reason which prohibited women to move some places and not to do
certain things which they have right to do.

India has largest number of laws for protection and assured the safety of women
against violence. The various act passed by the central government and state
governments to provide special protection to women against all types of violence.
Prevention from protection of women against violence should be started in women’s
early life by giving her freedom to stand with boys in every field of life like by
educating and working with boys, by promoting respectful and healthy relationship
between girls and boys, and promote gender equality in society. The boy should also

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teach in their family and schools to respect the girl, and always try to treat them as a
human. Respectfully and properly behaving with girl should be one of the chapter in
school, to be teaches in early age of the child. In many rape cases and in gang rape, it
had seen that juvenile man involved in these offences, this clearly shown that they
was not well educated towards women and sexual element, and this is one of the main
reason to attract them towards sex and this put them in a heinous crime like rape. By
providing a better education to every child, this issue may be eradicated.

The immediate medical and legal assistance should be provided to the women who
became victim of violence. There should be free medical treatment provided to the
women who suffers from injuries caused by various violence in case of rape, acid
attack, beating etc., because the victims are in urgent need of treatment so there must
be no formalities in hospitals with the victim of violence. Every hospital in India
should take proper care of female victims and provide the free and immediate
treatment to them. The free legal aid should be provided to women victim of violence,
these increase to limelight the cases of violence against women because sometime
they avoid to file their cases to avoid the legal expenses.

The Government and Judiciary should take proper step to eliminate the offences
against women from the root. They should not only enact the act and policies to
prevent the women against violence, but they should also make the directions to
implement these policies. The offender in case of crimes against women should be
punished with proper punishment and they should also liable to compensate the
women with heavy amount because it help the female victim to at least provide their
basic need and in case of death of women it helps her family if they have no other
source of living. There are many schemes started by government to prevent women
against violence and empowered them in all sphere of their life like Beti Bachao Beti
Padhao, Priyadarshani, One Stop Centre scheme, Swadhar Greh, etc., the government
should take care that these schemes properly implemented in the country. Violence
against women is one of the National agenda, so both Central and State Government
should be worked together for the protection of women against violence and try to
their best to implement the policies and schemes for the prevention of women against
violence properly, and take every such initiatives, which help women to overcome
from their problems.

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7. BIBLIOGRAPHY
A. BOOKS
 R.V.Kelkar., 2016. Criminal Procedure., Eastern Book Company,
Lucknow.
 Dr. Avtar Singh., 2016. The Principles of The Law of Evidence., Central
Law Publications, Allahabad.
 Mamta Rao., 2012. Law Relating To Women and Children., Eastern Book
Company, Lucknow.
 Pradeep Kumar Pandey., 2012. Law Relating To Prevention Of Sexual
Harassment Of Working Women., SBS Publishers & Distributors, New
Delhi.
 J.D.Chandna., 2009. Dowry Deaths, Dying Declarations, Suicides &
Cruelties to Women., The Bright Law House, New Delhi.
 PSA Pillai., 2015. Criminal Law, 2nd Edn., Lexis Nexis, Gurgaon,
Haryana.

B. WEBSITES
 Rahul Kanojia., November 18, 2014., Marital Rape in India.,
https://blog.ipleaders.in/marital-rape-india/., April 18, 2019
 Yamini., April 8, 2015., Criminal Law (Amendment) Act, 2013: Sexual
Offences., https://www.lawctopus.com/academike/criminal-law-
amendment/., April 19, 2019
 Sharmila Lodhia., April 24, 2019., Dowry Prohibition Act, 1961.,
https://www.britannica.com/event/Dowry-Prohibition-Act., April 27, 2019
 Insights., December 9, 2014., Insights Daily Current Events, 10th
December, 2014., https://www.insightsonindia.com/2014/12/09/insights-
daily-current-events-10-december-2014/., April 15, 2019
 Hemant Varshney., August 30, 2018., Vishaka v. State of Rajasthan – Case
Summary., https://lawtimesjournal.in/vishakha-vs-state-of-rajasthan/.,
April 24, 2019

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  Sushma Javare., February 23, 2015., The Indecent Representation of
Women (Prohibition) Act, 1986., https://lawyerslaw.org/the-indecent-
representation-of-women-prohibition-act-1986/., April 20, 2019
 Rani Premkumar., January 5, 2019., Law, Women and Advertisements.,
http://www.legalserviceindia.com/article/l210-Law,-Women-And-
Advertisements.html., April 20, 2019
 Lovina Malhotra., November 28, 2017., Know About Acid Attack
Punishment in India., https://legodesk.com/blog/acid-attack-in-india/.,
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 Amartya Bag., December 25, 2014., Acid Attack and the Law in India.,
https://blog.ipleaders.in/acid-attack-and-the-law-in-india/., April 14, 2019
 Kriti Dwivedi., January 5, 2019., Medical Termination of Pregnancy Act,
1971:An Overview.,
http://www.legalservicesindia.com/articles/pregact.html., April 10, 2019
 Ttarun., (2019)., Impact of Honour Killings Society in India.,
http://www.legalserviceindia.com/legal/article-397-impact-of-honour-
killings-in-the-society-of-india.html., April 10, 2019
 T. Mohan., December 12, 2014., Law Commission recommendation for a
bill to prevent honour killings has been supported by 22 stated and Union
Territories.,https://www.livelaw.in/law-commission-recommendation-bill-
prevent-honour-killings-supported-22-stated-union-territories/., April 11,
2019
 Manish Kumawat., August 9, 2019., Child Sexual Abuse Laws in India –
The POCSO Act., https://blog.ipleaders.in/pocso-act/., April 14, 2019

C. ARTICLES AND REPORTS

 Vijay Kumar Singh., August 26, 2013., Crime Against Women Under
Indian Penal Code., Hidayatullah National Law University, Raipur., Page
No. 6 – 15
 Harsimran Kalra., PRS Legislative Research., (2013)., Justice Verma
Committee Report Summary – January 23, 2013

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