CONTENTS
INTRODUCTION
GENDER EQUALITY
Constitutional Provisions and Gender Equality
Special Laws
Marriage - related Laws
Violence - related Laws
Education
Gender Justice in Employment
Rights of Working Women: Constitutional Remedies and
Judicial Approach
Problems of working Women
Constitutional Provision to Women Empowerment
Judicial Approaches to Protection for Working Women
Women Empowerment in India: A Burning Issue
Reasons for the Empowerment of Women
ACTIONS TAKEN TO EMPOWER WOMEN
Millennium Development Goal (MDG)
Ministry of Women and Child Development
Swayamsidha Programme
National Commission for Women'(NCW)
National Policy for the Empowerment of Women (2001)
National Mission for Empowerment of Women (2010)
Gender equality should guide the process of reforming family laws and not national integration
The Uniform Civil Code (UCC) debate in the Constituent Assembly :
Regional Diversity
Diversity within Religious communities, caste and Scheduled Tribes
CHAPTER I
WOMEN, EQUALITY AND THE CONSTITUTION
Introduction
Formal versus Substantive Equality
Judicial Approaches to Equality Rights in India
A. Article 14
B. Article 15
(i) Discrimination
(ii) Relationship between Articles 15(1) and 15(3)
C. Article 16
Judicial Approaches to Sex Discrimination
A. The Relevance of Gender
B. Employment
(i) Restrictions of Women's Employment
(ii) Preferential Treatment
C. Civil and Political Rights
(i) Restrictions on Land Ownership
(ii) Reservations
(iii) Civil Procedure
D. Criminal Law
(i) Adultery
(ii) Maintenance
(iii) Prostitution
(iv) Bail
E. Education
F. Family Law
(i) Divorce
(ii) Restitution of Conjugal Rights
(iii) Succession Laws
(iv) Maintenance
CHAPTER II (Part-I)
HINDU WOMEN AND MAINTENANCE LAWS
Introduction
Right of Maintenance
The Concept of ‘Maintenance’ under Indian Law
Genesis
Statutory Provision
Maintenance Pendente-Lite
Section 24 in the Hindu Marriage Act, 1955
Maintenance Pendente Lite and Expenses of Proceedings
Section 36 in the Special Marriage Act, 1954
Section 39 in the Parsi Marriage and Divorce Act, 1936
Permanent Alimony and Maintenance
Section 25 m the Hindu Marriage Act, 1955
Section 37 in the Special Marriage Act, 1954
Section 40 in the Parsi Marriage and Divorce Act, 1936
Persons Entitled to Receive Maintenance
Code of Criminal Procedure
Quantum of Maintenance
Amount of Maintenance may be altered on change of circumstances
Enforcement
Validity of Marriage
Recent Trends
Conditions for Claiming Maintenance
Judicial Precedents
Effect of Conversion on Right to Maintenance
The Position of Hindu Female - As regards Maintenance in Hindu Law
CHAPTER-II (Part-II)
PROPERTY RIGHTS OF HINDU WOMEN
Pros and Cons before and after amendment of Hindu Law
Property Rights of Woman: Proposed reforms under the Hindu Laic
Sunderanam Maistri v. Harasimbhula Maistri
Property Rights of Women under Hindu Succession Act, 1956
Daughter’s coparcenary rights
Position as Karta before and after passing the Hindu Succession
Act, 2005
Economical and Symbolical Changes
Changes in Hindu Succession Act 1956
Commitment for the women empowerment and protection of women’s right to property
Doubts and anomalies in the Amending Act 39 of 2005:
1. Prospective operation of the amendment
2. No right in the joint family property of her in-laws
3. Position of mother viz-a-viz the coparcenary remains the same
4. Decrease in the share of other class 1 female heirs
5. Devolution of property of female Hindu
6. Difficulties pertaining to territorial application of amending
Act
7. Coparcenary remains a primary entitlement of males
8. Does not touch the testamentary freedom
9. Over-Lapping in class I and class II heirs
10. Discrimination against male descendants
11. Position of father
12. Position of father’s widow
Effects of the Amendment:
1. Increasing the cases of female foeticide
2. Indirect form of dowry
3. Affects the concept of joint family
4. Affects the property or fragmentation of land
5. Indirect right to in-laws
6. Enhancing the cases of domestic violence
7. Increasing dowry deaths
8. Destruction of social values
CHAPTER-III (Part-I)
STATUS OF WOMEN IN ISLAM AND MAINTENANCE LAWS
General
Maintenance under Islamic Law
Concept of Maintenance
Definition of Maintenance
Maintenance under Different Personal Laws
Maintenance under Parsi Law
Maintenance under Christian law
Persons entitled to Maintenance
Maintenance of Wife
Maintenance during the subsistence of Marriage
Maintenance of wife under the Criminal Procedure Code, 1973
Inter-relationship between Personal Law and Cr. P. C
Maintenance of Wife under Personal law
Maintenance arising on account of Agreement
Maintenance after Dissolution of Marriage
Maintenance of Divorced Woman under Muslim Personal Law
Maintenance of Divorced Women under Section 125 of Cr. P.C, 1973
High Court reverses divorce order, makes bigamous man pay wife
High Court opens maintenance door to ‘second wife’
‘Estranged muslim woman can claim maintenance’
Maintenance Restricted to Iddat Period
Maintenance until Divorce is Proved
Arbitration prior to divorce under Muslim
Fair and Reasonable Provision
Interim Maintenance Allowance
Ceiling on maintenance allowance abolished
No cap on payout to estranged wife
Past Maintenance
Maintenance of Divorced Women under Muslim Women
(Protection of Rights on Divorce) Act, 1986
Provisions of the Act
Revision or Modification of orders already Passed
Constitutionality of the Muslim Women Act, 1986
Danial Latif and others v. Union of India
Inapplicability of 1986 Act to Wives etc
Maintenance from Relatives
Maintenance from Wakf Board
Affidavit and Declaration under Section 5 of Muslim Women (Protection of Rights on Divorce) Act, 1986
CHAPTER-III (Part-II)
STATUS OF MUSLIM WOMEN DURING JAHILIYAH
(PERIOD OF IGNORANCE)
Islam and the Individual Dignity of Women after Coming of Prophet Mohammad (PBUH)
Equal rights of men and women and the Islamic view point
Role of Muslim theologians
Muslim Women and the present law
Need for Reform and Codification
FATWA
Introduction
Types of Fatwa
Fatwas affecting Muslim Women
Fatwa against Muslim Women’s participation in elections
The case of Imrana
The Case of Mukhtaran Mai
Conclusion of Fatwa
Statutory authority of courts to apply Muslim law
The Shariat Act, 1937
The Cutchi Memon and Mapilla Muslims
The Khojas
The Boharas
The Kashmiri Muslims
The Muslim Tribes of Punjab and Haryana
Application of Muslim Law on the ground of Equity
Muslim Law not applied to Muslims
Muslim law applied to Non-Muslims
CHAPTER-IV
OFFENCES AGAINST WOMEN: REVIEW OF RECENT ENACTMENTS
Campaign for Reforms in Rape Laws and Legal Response to Rape
The Campaign
The State Response
The Judgment during the Campaign
The Judgments during the Post-Amendment Period
Absurd Notion of Modesty and its Violation
Majority View
Minority View
Delays in Court Rooms
Lapses in Investigation
Custodial Rape
Rapes in Situation of Emotional and Economic Dependency
Rape of Minor Girls Aged between 16 and 18
Salient Features of the Proposed Bill
Violations in Addition to Actual Penetration
Conduct and Character of the Woman
Recording of Evidence
Guidelines for Medical Examination
Rape an Assault on the Individuality and Inherent Dignity of women
Campaign against Dowry and Legal Response
A Misplaced Campaign
A Stringent Law No Solution
The Process of Requestioning
Law on Dowry Death
Limited in Scope
Negative Judgments
CHAPTER V
WOMEN AND APPLICATION OF CRIMINAL LAW
Introduction
Arrest
Investigation, Trial and Detention
Dowry Deaths and Marital Rape
Maintenance of Wife
Gist of the judgment is this
Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband
- Delhi MM court
No automatic arrest in 498A, says Supreme Court
No arrests under anti-dowry law without magistrate’s nod: SC
False dowry harassment aka 498A case ground for divorce, says Supreme Court
For conviction in dowry death, establish cruelty first: Supreme Court.
Flipside of dowry law: Men recazll how Section 498(A) is unfairly used against them
Let the games begin-Mother-in-Law can file Domestic Violence on
Daughter-in-Law
Mother-in-Law kicking Daughter-in-Law is not cruelty under 498A
CHAPTER XXA : OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
Basic do’s and don’ts for 498A etc
Basic safety and precautions
498A & Divorce
Man should not file for divorce
Do not settle for divorce without 498A being settled
SELECT COMMENTS OF COURTS IN RAPE AND DOWRY CASES
Vibha Shukla murder case
Below are some cases from Indiankanoon.com
Kans Raj v. State of Punjab & Ors on 26th April, 2000
Pawan Kumar u. State of Haryana and Anr. on 7th May, 1996
K.M. Sujith u. State of Kerala on 21st October, 2009
State of Punjab v. Iqbal Singh and Ors. on 10th May, 1991
Supreme Court of India
K. Prema S. Rao and Anr. u. Yadla Sriniuasa Rao and Ors.
Katnesh Panjiyar @ Kamlesh v. State of Bihar
Hira Lai and Ors v. State (Gout, of NCT) Delhi
Tarsem Singh v. State of Punjab
Kaliyaperumal and Anr. v. State of Tamil Nadu
Aniar Singh u. State of Rajasthan
Pretn Kumar v. State of Rajasthan
Sauitri Agarwal & Ors v. State of Maharashtra & Anr
Satya Narayan Tiwari @ Jolly & Anr v. State of U'.P.
Sultan Singh u. State of Haryana
Soni Devrajbhai Babubhai v. State of Gujarat and Ors
Rajinder Singh v. State of Punjab
Bhaskar Lai Sharma & Anr v. Monica
Women’s Rights Initiative
Rationale adopted by the LCWRI:
Identifying areas of focus:
Viewing focus issues through the lens of substantive equality:
Domestic Violence
Personal laws
Sexual harassment at the workplace
Sex selection and sex selective abortions
The equality framework in relation to reproductive rights and issues of sexuality
A. Proven Strengths
Legal Aid Component
Objectives
Public interest litigation/ social action interventions
Survivor’s group
Participation in alternate dispute mechanisms
Victims of religious intolerance
B. Research and Documentation Component
Objectives
C. Advocacy and Training Component
Objectives
Methodology
CHAPTER VI
THE NATIONAL COMMISSION FOR WOMEN
AND GENDER SENSITISATION
Concerning the Police
Concerning the Public Prosecutors
Concerning the Judiciary
Towards equality and Law
The Socio-Cultural Setting of Women's Status
Women and application of Law
Eradication of Polygamy in Muslim Law
Enforcement of Provision against Bigamy under Hindu Marriage Act
Reform of Marriage Laws Prevalent in Former French and
Portuguese Territories
Restraint of Child Marriage
Registration of Marriage
Prevention of Dowry
Improvement of Laws of Divorce
We recommend the following changes
Hindu Law
Muslim Law
Christian Law
Jewish Law
General
Adoption
Guardianship
Maintenance
Inheritance
General recommendations
Matrimonial Property
Family Courts
Uniform Civil Code
Needed Reforms in Criminal Law
a) Consent to sexual intercourse
b) Bigamy
c) Adultery
Nationality
Roles, Rights and Opportunities for Economic Participation
A. Maternity Benefits Act 1961
B. Provision of Creches
C. Working Time
Equalisation of Wages
Integrated Development of Training and Employment
Departments of the State concerned
Part-time Employment
Employment Information
Provision for Re-entry
Enforcement of Laws Protecting Women Workers
We Further Recommend
Educational Development
Recommendations Regarding the Formal System
Co-education
Curricula
Pre-School Education
Universalisation of Education for the Age-Group 6-14
Higher Education
Non-Formal Education
Political Status
Women's Panchayats
Reservation on Municipalities
Policies and Programmes for Women's Welfare and Development
A. Health and Family Planning
Changes Needed in the Medical Termination of
Pregnancy Act
B. Welfare and Development
Composition of the Commission
APPENDICES
1. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (CEDAW)
2. The Commission of Sati (Prevention) Act, 1987
3. The Immoral Traffic (Prevention) Act, 1956
4. Maternity Benefit Act, 1961
5. The Medical Termination of Pregnancy Act, 1971
6. The National Commission for Women Act, 1990
7. The Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994
The Protection of Women for Domestic Violence Act, 2005 |
