Faculty of Management and

Commerce
Ramaiah University of Applied
Sciences

Mark
First s
Sections

Marking Moderato
Examine
Scheme r

MarksMax
r Marks
Group Task Marks
A.1MAANAV20
Part-A Max Marks20
Part A

Total Assignment Marks20

 Course Marks Tabulation
First
Component-1 (B) Assignment Examiner Remarks Moderator Remarks
A
Marks (out of 20 )

Signature of First Examiner Signature of Moderator

Instructions to Students:

1. The assignment consists of 1 parts.

2. Maximum marks is 20.
3. Wherever applicable, assignment has to be neatly word processed as per the prescribed
format.
4. The printed assignment must be submitted to the exam section and the practical aspects
presented before the course leaders on the assigned date.
5. Submission Date: 28th May 2020
6. Submission after the due date is not permitted.
7. IMPORTANT: It is essential that all the sources used in preparation of the assignment
must be suitably referenced in the text.
8. Marks will be awarded based on the sections and subsections attempted by the student.
Part A: (Group Task) (20 marks)

Maanav Project
1. Written Report
2. PPT/Charts/Model/Street Play/Short Movie

Note:
 The assignment will have to be submitted on the date specified.
 There can be no last minute changes
 Groups will made by the Course Leader


Name of the Student Registration number

1) Sabith H 19MCMS047082

2) Sachith Gowda M K 19MCMS047083

3) Sanjana M 19MCMS047087

4) Shashank S 19MCMS047092

5) Shweta Shirnalli 19MCMS047096

6) Soubhagya L M 19MCMS047097

7) Soujanya Hurkadli 19MCMS047098

8) Sunayana R 19MCMS047099

9) Supritha k 19MCMS047101

10) Umra Shabnum 19MCMS047106

TOPIC: VIOALTION OF WOMENS RIGHT
I) 10 REAL LIFE EXAMPLES OF VIOLATION OF WOMENS RIGHT

1) FEMALE INFANTICIDE

"Female infanticide is the intentional killing of baby girls due to the preference for male
babies and from the low value associated with the birth of females."
As per the decennial Indian census, Sex Ratio of India is 107.48. It means 107.48 males per
100 females in 2019. Therefore, India has 930 females per 1000 males. So, India has 48.20%
female population compare to 51.80% male population

 Case from Tamil Nadu:

On February 28, 1994, Lakshmi already had one daughter, so when she gave birth to
a second girl, she killed her. For the three days of her second child's short life,
Lakshmi admits, she refused to nurse her. To silence the infant's famished cries, the
impoverished village woman squeezed the milky sap from an oleander shrub, mixed
it with castor oil, and forced the poisonous potion down the new-born’s throat. The
baby bled from the nose, then died soon afterward. Female neighbours buried her in
a small hole near Lakshmi's square thatched hut of sun-baked mud. "A daughter is
always liabilities. How can I bring up a second?" Lakshmi, 28, answered firmly when
asked by a visitor how she could have taken her own child's life eight years ago.
"Instead of her suffering the way I do, I thought it was better to get rid of her."

Key Facts:

 Laxmi killed her girl child by refusing to nurse her

 The child was poisoned in potion of milk

2) DOMESTIC VIOLENCE

Domestic violence is a pattern of threatening or controlling behaviour imposed on a

woman by an intimate partner without regard for her rights, feelings, body, or health.
Domestic violence is now commonly defined broadly to include all acts of physical,
sexual, psychological or economic violence.

 Case from Dharwad:

It is a case of a woman from Dharwad on 2012.

A married woman who was leaving with her husband and with her husband’s aunt
was quite happy at her husband’s house at her early stage of marriage. After 2 years
of her marriage she got pregnant. When she got pregnant, she started getting
problems at her house from her husband and husband’s aunt. Her husband used to
listen to his aunt and was giving problems to her. He used to hit her very badly and
abuse her. She was pregnant and they used to never care for her and the baby which
was in her womb. He used to throw her out of the gate and hit her in front of all the
people in the area. Hitting her and throwing her out of the house continued. And
they stopped giving her food too. The women’s parents gave compliant to the police
station but never worked out it continued the same. The reason behind this was that
her husband’s aunt never liked her and she wanted him to marry her daughter. She
slept outside the house for continues for 2 days without entering the house. After all
this her parents were like it is your husband’s home and you should be there listening
to them. This continued for a long time and she left her husband’s house. And after 3
years she got married to another person, and that person accepted her daughter too
3) DOWRY

A dowry is a transfer of parental property, gifts, or money at the marriage of a daughter

(bride). Dowry contrasts with the related concepts of bride price and dower. While
bride price or bride service is a payment by the groom or his family to the bride's
parents, dowry is the wealth transferred from the bride's family to the groom or his
family, ostensibly for the bride.

 Case of RAJA:

When she was 13 her mother decided to marry her off to an 18 years old boy to pay
her father’s gambling debts. After the marriage the husband and both the in laws
would constantly abuse her, beating her and treating her like a slave because they
thought the dowry received wasn’t enough. She reported the abuse to the police
several time before her case got taken into consideration. After a few years she was
able to go back to her parents’ home. She is 18 now and she is getting her driver
license. She wants to be the first woman auto driver in Bhopal.
4) ACID ATTACK

An acid attack, also called acid throwing, vitriol attack, or vitriol age, is a form of violent

assault involving the act of throwing acid or a similarly corrosive substance onto the
body of another "with the intention to disfigure, maim, torture, or kill".

 LAXMI AGRAWAL CASE:

Laxmi was attacked in Delhi’s Khan Market in 2005 by her acquaintances, Guddu and
Rakhi. Laxmi was 15 at that time and the act was seen as a revenge for Laxmi’s refusal
to marry Guddu, her friend’s brother. People, especially women, would taunt her, call
her names, and even speak ill about her and family. They questioned her upbringing
and faulted her for the attack. But the support from her parents gave Laxmi the
courage to move ahead with the multiple surgeries she needed. While she was aware
of the physical deformities caused by the acid attack, little was she prepared for the
face that stared back in the mirror 100 days after the incident.
Laxmi was so traumatised that she contemplated suicide. But thinking of the pain she
would cause her parents, she decided to end such thoughts. Instead, Laxmi chose to
confide in her parents, who encouraged her to seek counselling. Simultaneously, she
also decided to take her case to the court, and the trial went on for four years. The
result: Guddu was sentenced to 10 years in jail, and Rakhi was imprisoned for seven
years. But before all this, Laxmi languished under the mental and physical toll of the
attack. For months, she was unable to wear any clothes and would stay under a
blanket. Managing menstrual hygiene, when even a thin strip of cloth weighed her
bruised body down, was an additional cross for Laxmi to bear. Laxmi’s seven
surgeries took place over the course of seven years and cost around Rs 20 lakh. Her
father’s savings and his employer at that time helped the family bear the cost
financially.
Emerging from her dark days:
But change was afoot for Laxmi, who refused to be enslaved by the injustice meted
out to her. Slowly, with her parents’ support, she gained confidence and decided to
start her diploma in vocational training at the National Institute of Open Schooling,
Delhi. And in 2009, another big change happened. This move was met with a lot of
resistance from her community and girls in her institution, but Laxmi was unfazed.
With the support of her teacher and the institution, Laxmi completed her diploma.
5) CHILD MARRIAGE

Child marriage in India is one of the most baffling of all problems which the Indian
society faces. There was a time when most children were married at a very premature
age. There have been several instances wherein children less than 10 years of age got
married. They barely understood the meaning of marriage and yet they were tied to a
bond they could do nothing about.
Child Marriage in India is a centuries old tradition. When the 1921 census reported 600
brides in the age group of one to twelve months, Mahatma Gandhi was shocked. He
became instrumental in introducing the Sarda Act or the Child Marriage Restraint Act in
1929. That was the first step taken against child marriage in India. It fixed the age of
marriage for girls at 14 years and boys at 18 years. Since then many reformers and
stakeholders have been advocating against child marriage in India.

 Case from Dammannapet:

Mrs. Manga, resident of village Dammannapet, belongs to Backward Class (BC). She
was married at the age of l0 years, (when she was in 4th class) along with her two
elder sisters due to pressure of grandparents. According to her early marriage is
prevalent in her caste and her husband was performed at age of 13 years and after
one year she delivered a child. Now she is 21years and mother of three girl children.
She has been pressurized by her husband and in-laws to bear a male child. She is
neither able to oppose her family nor convince them she does not want more
children. She added she was unaware and had no knowledge of getting pregnant at
the first time. She told that “I was very keen to study but early marriage and-
husband snatched this opportunity from me”. She lost her adolescence and chance to
over development of herself. Many times, she was subject to harassment physically
and mentally by her in-laws and her husband to give them male child, some time
being scolded and beaten up.

6) ABORTION
Abortion, the expulsion of a fetus from the uterus before it has reached the stage of
viability (in human beings, usually about the 20th week of gestation). An abortion may
occur spontaneously, in which case it is also called a miscarriage, or it may be brought
on purposefully, in which case it is often called an induced abortion.

 Case of Tapasya Umesh Pisal

Tapasya Umesh Pisal, aged 24 years, has approached this Court under Article
32 of the Constitution of India seeking directions to the respondents to allow
her to undergo medical termination of her pregnancy. She apprehended
danger to her life, having discovered that her fetus was diagnosed with
tricuspid and pulmonary atresia, a cardiac anomaly in the fetus.

The Court gave a direction for examination of the petitioner by a Medical

Board consisting of Dr. Sambare, HOD, Gynaecology and Dr. Nityanand Thakur,
Paediatric Cardiac Surgeon of B.J. Govt. Medical College, Pune.

The aforesaid Medical Board has examined the petitioner and stated that as
on 07.08.2017, she was into her 24th week of pregnancy. She was
accompanied by her husband and they are aware of the cardiac anomaly and
the associated morbidity of the baby if born alive. The salient features of the
said report are as under :

 The fetus is diagnosed as having hypo plastic right heart with tricuspid and
pulmonary atresia with small size pulmonary arteries.

 The surgeries that will be necessary on the fetus have been reported to
carry high morbidity and mortality.

 It is also reported that in spite of the surgeries, such children do not

achieve normal oxygen level and would remain physically incapacitated.
The life span of these children even after corrective surgeries is limited as
described in medical literature.

 The Pediatrician has reported that it appears to be an isolated complex

congenital heart disease with increased morbidity and mortality post-
delivery.
 The Radiologist has reported a complete absent of right ventricle and
pulmonary and tricuspid valve atresia.

We also have on record the opinion of an eminent surgeon Dr. Devi Shetty of
Bangalore who has stated that most of these children do not live till the adult
life. Their life is precarious because of the problems resulting from low
oxygenation in the body.

Upon evaluation of the petitioner, the aforesaid Committee/Medical Board has

concluded that the baby if delivered alive, would have to undergo several
surgeries after birth which is associated with a high morbidity and mortality.

But for the time period, it appears that the case falls under section 3(2)(b) of
the Medical Termination of Pregnancy Act, 1971, which reads as under:
“3.When pregnancies may be terminated by registered medical practitioners.-
(1).... (2)(b) Where the length of the pregnancy exceeds twelve weeks but does
not exceed twenty weeks, if not less than two registered medical practitioners
are, of opinion, formed in good faith, that -

(i) The continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury to her physical or mental health; or
(ii) There is a substantial risk that if the child were born, it would suffer
from such physical or mental abnormalities as to be seriously
handicapped.” In these circumstances, it is difficult for us to refuse the
permission to the petitioner to undergo medical termination of
pregnancy. It is certain that the fetus if allowed to born, would have a
limited life span with serious handicaps which cannot be avoided. It
appears that the baby will certainly not grow into an adult.

In view of the above, we consider it appropriate in the interests of justice and

particularly, to permit the petitioner to undergo medical termination of her
pregnancy under the provisions of Medical Termination of Pregnancy Act,
1971. Mr.Ranjit Kumar, learned Solicitor General appearing for the
respondents, has not opposed the petitioner's prayer on any ground, legal or
 medical. We order accordingly.The termination of pregnancy of the petitioner
will be performed by the Doctors of the hospital where she has undergone
medical check-up. Further, termination of her pregnancy would be supervised
by the above stated Committee/Medical Board who shall maintain complete
record of the procedure which is to be performed on the petitioner for
termination of her pregnancy. With the aforesaid directions, the instant writ
petition is allowed in terms of prayer (a) seeking direction to the respondents
to allow the petitioner to undergo medical termination of her pregnancy.

7) WOMEN TRAFFICKING

Women trafficking in India, although illegal under Indian law, remain a significant
problem. People are frequently illegally trafficked through India for the purposes of
commercial sexual exploitation. Women are trafficked in India for diverse reasons.
Women and girls are trafficked within the country for the purposes of commercial
sexual exploitation and forced marriage, especially in those areas where the sex ratio is
highly skewed in favour of men. India is also a destination for women and girls from
Nepal and Bangladesh trafficked for the purpose of commercial sexual exploitation.
Indian women are trafficked to the Middle East for commercial sexual exploitation.
Human trafficking in India results in women suffering from both mental and physical
issues. Mental issues include disorders such as PTSD, depression and anxiety. The lack
of control women has in trafficking increases their risk of suffering from mental
disorders. Women who are forced into trafficking are at a higher risk for HIV, TB, and
other STDs. Condoms are rarely used and therefore there is a higher risk for victims to
suffer from an STD.

 Case from Uzbekistan:

 When she was 22 years old, Luiza Karimova left her home in Uzbekistan and
travelled to Osh, Kyrgyzstan with the hopes of finding work. However, without a
Kyrgyz ID or university degree, Karimova struggled to find employment. When a
woman offered her a waitressing job in Bishkek, the capital city in the north of
Kyrgyzstan, she welcomed the opportunity.
 But things took a turn for the worse after arriving in Bishkek. Karimova recalls that,
“They held us in an apartment and took away our passports. They told us that we’d
be photographed again for our new employment documents, to be registered as
waitresses. It felt strange, but we believed them.”

 Then, Karimova and the other women were put on a plane to Dubai, handed fake
passports instead of their real ones, and shepherded to an apartment after landing.
“We were to be sex slaves and do whatever the clients wanted. The next day I was
sent to a nightclub and told that I would have to earn at least 10,000 USD by the end
of the month,” says Karimova.

 For 18 months, her life was consumed by the nightclub work. Upon leaving the club
one evening, Karimova saw a police car approaching, and instead of running away,
she stayed to let the police arrest her.

 “I was deported back to Osh, and since my ID was fake, I spent a year in jail. I filed a
police report, and three of the traffickers were captured”.

 However, after being released from prison, Karimova was left to live on the streets,
ashamed and unemployed. She went back to work in the sex industry until she was
approached by Podruga, an organization that assists women subjected to sex and
drug trafficking. “They offered me work. I wasn’t sure that I would fit in, but slowly I
began to trust them,” she says.

 Now, Karimova works to prevent the exact situation in which she found herself. As
an outreach worker with Podruga, she visits saunas and other places where sex
workers may be. “I often meet girls who dream of going to Turkey and Dubai, to earn
more. I tell them, ‘please don’t go...There is nothing good for you there.’”

 To prevent their futures from unfolding as hers did, Karimova provides the women
with health and safety resources and information about legal aid. “To stop trafficking
of women and girls, we have to inform people about the full consequences of human
trafficking and how to detect the signs. It is critical to start raising awareness about
this in schools, starting young, so that they do not become victims.”
8) SEXUAL HARASSMENT

‘Sexual harassment’ is any form of unwelcome sexual behaviour that’s offensive,

humiliating or intimidating. Most importantly, it’s against the law. Being sexually
harassed affects people in different ways. Majority women are the victims of sexual
harassment. When it happens at work, school or unit, it may amount to sex
discrimination.

 Case of Rupan Deol Bajaj

This is famously known as “The Butt Slapping Case”. This was one of the most
criticised high profiled cases. The last decision came in 2005 which ultimately reduce
the punishment to probation. An opinion can be formed from this case about the
lenient judicial procedure towards the high elites of the society.

Facts of the case:

Rupal Deol Bajaj was an IAS Officer belonging to Punjab Cadre. She lodged a FIR
against Mr.KPS Gill the Director General of Police u/s 341,342.352,354 and 509 of IPC.

On the said date, in the party of KPS Gill the accused around 10.pm walked across a
group of ladies and joined them. After sometime some of the ladies started leaving
and going into the house. The victim didn’t notice that Mr.KPS Gill was misbehaving
with them.

KPS Gill then called the victim to talk about something. On realisation by victim a out
of order behaviour by Gill, she avoided going. After a while Gill reached out to her
amongst the other ladies who were sitting together and ordered her in an obnoxious
manner to get up and come along. She resisted and turned back and started leaving,
when he slapped her back.

Judgement:

 In 1998 the High Court of Punjab and Haryana Gill booked Gill u/s 354 i.e.
outraging modesty of a women and u/s 509 i.e. an act, word, gesture intended to
insult a lady.
  He was sentenced for rigorous imprisonment for 3months and simple
imprisonment for 2months along with fine of Rs.200000.
 Appeals were made into Supreme Court of India wherein the punishment was
turned into probation in 2005.
9) INEQUALITY

 Case of richa mishra

Summary:
 1.This decision of the respondents in not appointing the appellant as DSP was
challenged by the appellant by filing the writ petition in the High Court of Chhattisgarh
on the ground that she was entitled to the benefit of age relaxation on account of being
government servant.
 She claimed that she was a government servant and on that ground she claimed age
relaxation as per Rule 8 of the 2000 Rules.
 Her writ petition was dismissed1 by the learned Single Judge holding that she entered
the government job vide appointment order dated 21-4-2006 which was after the cut-
off date as 1-1-2006 for the post of DSP and was not entitled to the benefit of age
relaxation.
 2. We would like to point out at this stage that a number of writ petitions were filed in
the High Court which were taken up by the learned Single Judge analogously and
decided by the common judgment dated 16-11-20093.
 Whereas some writ petitions including that of the appellant herein were dismissed and
some other writ petitions were allowed by the learned Single Judge holding that in their
cases they were entitled to age relaxation and select list should have been prepared on
the basis of merit treating those persons to be within the age-limit.
 She was called for an interview on 12-4-2007.
 This apathy of the respondent forced the appellant to approach the High Court in the
form of writ petition filed under Article 226 of the Constitution of India.
 The plea was rejected by the learned Single Judge recording that she has joined the
government service after the cut-off date and she was not a government employee on
the relevant date.
 3.The appellant challenged the aforesaid order of the learned Single Judge by filing the
writ appeal.
 Since there was no challenge by the appellant to the applicability of the 2000 Rules, she
cannot be permitted to assail the impugned judgment on the ground that she was
entitled for age relaxation as provided under Rule 4 of the 1997 Rules."
 As is clear from the aforesaid reasoning given by the High Court, Rule 8 of the 2000
Rules would prevail upon the 1997 Rules and the 1997 Rules are not applicable for
recruitment to the post of DSP.
 The whole controversy revolves around interplay of the 1997 Rules and the 2000 Rules
as well as other rules.
 The post of DSP is covered by these Rules and eligibility conditions for the aforesaid
post and the method of recruitment, etc. as contained in these Rules will govern the
post of DSP as well.
 4. Mr Sinha submitted that in the instant case, advertisement for the post in question,
in which the appellant participated, was issued on 26-8-2005, i.e after the promulgation
of the 2005 Rules which became effective from 28-6-2005 and it is the 2005 Rules which
were applicable and as these Rules contain specific provision for relaxation for women
candidates on the applicability of the 1997 Rules.
 The learned counsel argued that since the process was initiated under the 2000 Rules, it
was clearly saved in the 2005 Rules as is evident from the proviso to Rule 27 dealing
with repeal and saving.
 It was further contended that this advertisement was never challenged by the appellant
and recruitment made under the 2000 Rules in respect of vacancies which were for the
period when the 2000 Rules were applicable, could not be faulted with.
 In this very line of submission, it was further argued that once it is accepted that the
2000 Rules govern the field as per these Rules there is no provision for relaxation for
women candidates and the High Court rightly held that the appellant was not entitled
to any such age relaxation and suffered from age bar.
 5. The High Court held that the first and second requisitions to commence recruitment
process against the vacant seats to the post of DSP were made when the 2000 Rules
were in force.
 Recruitment was rightly undertaken under the 2000 Rules.
 6. No doubt, under certain exceptional circumstances, the Government can take a
conscious decision not to fill the vacancies under the old Rules and there can be
departure of the aforesaid general rule in exceptional cases.
 The omission in the 2000 Rules has taken note of when the 2005 Rules were framed
and the situation was remedied in Rule 8 of the 2005 Rules by specifically providing
under sub-rule (f) of Rule 8 that relaxation in the upper age-limit would also be available
to women candidates as per the 1997 Rules as noted above.
 The position will have to be considered keeping in view the 2000 Rules in juxtaposition
with the 1997 Rules and other relevant provisions which were applicable as on that
date.
 Empowerment of women is perceived as equipping them to be economically
independent, self-reliant, with positive esteem to enable them to face any situation and
they should be able to participate in the development activities.
 7. It can be clearly inferred that by incorporation in the manner aforesaid, the 1997
Rules were made applicable for the examination in question and in this way the lacuna
in the 2000 Rules also got filled up.
 The intention of the rule-making authorities had always been to give benefit of
relaxation in age to women candidates.
 It becomes the bounden duty of the courts to advance the cause of the social justice.
 Of late, in this very direction, it is emphasised that the courts have to adopt different
approaches in "social justice adjudication", which is also known as "social context
adjudication" as mere "adversarial approach" may not be very appropriate.
 Prof. Madhava Menon describes it eloquently: 'It is respectfully submitted that "social
context judging" is essentially the application of equality jurisprudence as evolved by
Parliament and the Supreme Court in myriad situations presented before courts where
unequal parties are pitted in adversarial proceedings and where courts are called upon
to dispense equal justice.
 The role of the court is to understand the purpose of law in society and to help the law
achieve its purpose.
 In both constitutional and statutory interpretation, the court is supposed to exercise
discretion in determining the proper relationship between the subjective and objective
purpose of the law.
 While interpreting a statute the court may not only take into consideration the purpose
for which the statute was enacted, but also the mischief it seeks to suppress.
 8. In ultimate analysis, we hold that the appellant was entitled to age relaxation as per
Rule 4 of the 1997 Rules read with the State Services Examination Rules, 2003.She was
 eligible to be considered for the post of DSP.

10) GANG RAPE

Rape is a type of sexual assault usually involving sexual intercourse or other forms of
sexual penetration carried out against a person without that person's consent.

 Priyanka reddy case

Summary:-
In a country like India where a woman is treated to be no less than a goddess but why doesn’t it
reflect in the actions of people in our country?
As an hypocrisy of the above state the 4th highest crime in india is rape. Rape one of the most
frequent crimes against women. Sometimes it is a stranger who is just attacking the random female
but most of the time it's a person who is known like a friend, family, colleague or a well known
relative.
Even after all that been discussed the justice in india towards these assaulted victims come late or
sometimes they have to fight a war to get the justice which was theirs from the beginning for
becoming the innocent victim of this horrendous sexual assault.

Dr. Priyanka Reddy a 27 year old veterian doctor from shamshabad in hyderabad was a native of
Telangana. On 27 November that fateful night when she was returning from hospital after her
duty.She was working in Kollur village near Shadnagar in Hyderabad she had been working there for
about an year. She was brutally raped and burned her to death. The accused are 4 men who
according to police already pre-planned this crime. The Police found this body the next day half-
burnt below the underpass 30 km away from shadnagar. According to the investigation the accused
forced the victime to drink alcohol before raping her. After dragging her to an isolated open plot
where they forced her for a soft drink spiked with alcohol in terms of getting her unconscious. They
repeatedly raped her one by one.
The sad truth is the prime suspect (Areef) offered her help with her flat tire. The other suspect ( Jollu
shiva) had taken the scooter to the repair shop, however he returned saying all shops are closed. She
called her sister when she was scared and felt the things were suspicious. Later her phone was
switched off. The accused dragged in the victim 15 meters into an open plot where her screams
were unheard. They raped her repeatedly one by one. The accused held her legs, the other gagged
and smothered killing her on spot. Later they removed the number plate and threw the body in the
back of the truck. While the other two followed the scooter. They dumped her body in chatanpally
they got petrol in an empty bottle from kothur.the accused wrapped the body in a blanket and they
set the body on fire. Later the other two accused (shiva and naveen) returned to ensure the ashes of
the body. The more brutal facts came out after the interrogation that the accused where
continuously raping the dead body in the back of the lorry.
There are a few parameters to be blamed in the whole case. Family of the victims and reporters
accused the police for taking the actions late when they informed them that her phone went off
after informing her sister that she was scared to be with some strangers. The police asked the family
to go from one station to another.
Next morning a milkman found the body. Later police came to get the charred body and family
recognised from the scarf,bunkle and a ganesha locket.
On 29 Nov 2019, Police had traced the four criminals involved in the brutal rape. The prime suspect
was Mohammed pasha who was a lorry driver. The others( j shiva, j naveen & chenna) were all 20
year old cleaners . All were the residents of Narayanpet district.

There was a huge public outrage especially after the Nirbhaya case. Public wanted the accused to be
hanged to give justice to the 27 year old priyanka reddy. On 6 Dec 2019 the nation awoke the news
of the 4 accused being encountered when they tried to flee while they were being taken to the
murder site. On 6 dec 2019 around 3 am the Cyberabad police shot dead all the four suspects on 4
highway the veterinarian's rape and murder case. The police had taken the accused to recreation of
the crime scene. While trying to enact the scene again the accused tried stoning the cops and after
several warnings to surrender they tried escaping and the cops had no choice but the encounter the
criminals on the spot.
II CASE LAWS WITH LOOPHOLES AND SOLUTIONS

1ST CASE REGARDING GANG RAPE

NIRBHAYA CASE (2012 Delhi gang rape and murder)

This case is about the girl being brutally raped and murdered 8 years ago and the justice
knocked at her door too late not until 20 March 2020. This reveals a lot about the justice
towards females in india. India has set an example every 15 minutes of having a woman
being raped. It is high time this is to be discussed why it took so long for the justice to be
served and what exactly happened that fateful evening with Nirbhaya.

A 23 year old physiotherapy student, Jyothi Singh was travelling with a male friend on 16th
December 2012 with a male friend in a private bus that fateful evening where she was
raped by the six other passengers present in the bus while the driver was driving throughout
delhi while this brutal assault was happening to the innocent victim. While her friend was
injured badly in terms not to take any actions against them on the crime scene. she was in
so much pain that it took her life after two days when she was transferred to the hospital in
Singapore after 11 days of the assault.

The case of Nirbhaya not only bought awareness among women about the resistance of
rape but took the life of the victim in terms to realise the criticality of the situation in our
country. The accused where Ram singh a bus driver who hanged himself in tihar jail but the
defense & family claims it to be a murder. The rest of the five accused where one was Ram
singhs's brother Mukesh Singh was arrested in rajasthan. One of the accused was minor
Pawan Gupta, vinay sharma , akshay thakur. They were accused of Rape, murder, assualt
and robbery.

JUDGEMENT:-

● Death sentence for 4 convicts.

● Juvenile convicts served the maximum imprisonment of three years under the
juvenile justice law applicable when the crime was committed.
● The four convicts were executed on 20 March 2020.

Loopholes of Nirbhaya case:-

Though the nirbhaya case left scares in the mind of people in our country. It still remains
that our law has a way to be exploited with these criminals. The case was delayed for a
period of seven years to provide justice to the woman brutally raped.

● One of the major loophole for this convicts was Curative petition
● mercy petition which was filed one after another which left the judgement hanging
● The gap between the rejection of the mercy petition and date of execution was 14
days which led them to find the loopholes to escape the execution.
● Another aspect of nirbhaya case was the hanging to be carried on the same day or
the different days based on that the curative and mercy petition where filed.

Solution of the case:-

Hanging is not the solution and the death of the convicts is not going to bring any change to
the life of the victim, said a few newspapers. What could be the justice to a woman who lost
her life struggling to death to escape from being tortured, Getting sexually abused, and
being assaulted. Who is to be blamed for the safety of women in our country? What is the
justice to a woman who is an innocent victim?. Anyways there were a few changes made
legally to support the victim.

● A committee was set to make some changes in law amendments within 30 days that
was called the justice verma committee.
● The Government of Karnataka announced the 24/7 helpline (1091) for future
precautions.
● The pending cases were taken into action faster to avoid the loopholes for the
convicts.
● The Government of Tamil Nadu also announced a 13 point action for the safety of
women and said that crime of sexual assault will be considered a grave crime.
● women prosecutors will be appointed as most of the cases in india are not filed due
to the fear of society and gender inequality.
● Jammu-kashmir also to the action to change the state laws on sexual assaults.
● Himachal Pradesh took actions to the crimes against womens to be dealt with by the
committee at district-level.

2nd CASE REGARDING WOMEN SEXUAL ABUSE

High court of Judicature at Allahabad

Petitioner: Rajiv Kumar through Ajay Kumar Srivasava, Advocate.
Respondent: Ram Bahadur through.
Bench: HON’BLE OM PRAKASH (J).
Summary of the case:
1.The facts of the case are, as unfolded by the informant Ram Bahadur son of Hira Lal in the
First Information Report (in short 'F.I.R.'), are that in May, 2003, the informant had married
his daughter Nanhi @ Sumitra with Rajiv son of Kalicharan resident of Village Kangawan,
Police Station Bisalpur according to Hindu rites and rituals. At the time of marriage, he had
given sufficient dowry as per his capacity but the in-laws of his daughter were not happy
with the same and were demanding additional dowry in the form of Motorcycle and Rs.
80,000/- for opening shop. Informant and his daughter told that they were poor person and
were unable to fulfil the additional demand but the accused did not agree and were
adamant on their demand. The daughter of the informant told many times to him that the
accused persons would kill her if the demand is not fulfilled. The informant along with
Indradeo, the son of his brother in law (sarhu), tried to pacify the matter, but husband of
the deceased Rajiv, father in law Kalicharan, mother in law, sister in law (Nanad) Chala and
sister-in-law Rani and her husband Hariom repeatedly subjected her to harassment and
cruelty due to non-fulfilment of the additional demand of dowry and gave threat to kill. The
informant tried many times to pacify the matter but they told that without fulfilment of
additional demand of dowry, the daughter of the informant will not be allowed to remain in
their houses. On 16.7.2008, informant was informed on telephone that his daughter was
killed by them. On information when informant and his son reached village Kangawan, he
saw the dead body of the deceased lying in the room. Head was lacerated. There was mark
of injury on the neck.
2. On the basis of the written report (Ext. ka-1), check First Information Report (Ext. Ka-3)
was registered at Police Station concerned on 16.7.2008 at 20.15 hours mentioning all the
details as had been described in Ext. Ka-.1. G.D. entry (Ext. ka-4) was also made at the same
time.
3. Investigation of the matter was entrusted to the Circle Officer, Bisalpur. The Investigating
Officer started investigation. He inspected the place of occurrence and prepared site plan
(Ext. ka-13). Inquest report (Ext. ka-5) was prepared. Other police papers i.e. letter to Chief
Medical Officer, photo lash, challan lash (Ext. ka- 6 to ka-9) were also prepared.
4. Autopsy report (Ext. ka-2) was prepared after conducting the post mortem on 17.7.2008
at 4.00 p.m.
5. As per the post mortem report, the deceased was average body built. Eye was closed,
mouth was half opened and the rigor mortis was passed of in upper extremities and was
present in lower extremities.
6. On examination of the dead body of the deceased, following ante-mortem injuries were
found:
"1. Ligature mark around the Neck 34 cm x 0.8 cm horizontally placed & transversely placed
(L) end 10 cm below low end of (L) ear lo & 8 cm below the chin. Subcutaneous tissue
congested margins abraded ecchymosed Jugular venous pooling present. Hyoid Bone
fractured.
2. Abraded contusion size 4 cm x 1 cm over (R) upper part of Neck starting from front of
neck going to (R) side 3 cm below chin.
3. Abraded contusion 12 cm x 6 cm over post medieval and lateral aspect of (R) lower part
of upper arm including elbow and upper part of Forearm.
4. Abraded contusion 8 cm x 4 cm over (L) lower back 8 cm above post superior iliac spine.
5. Contusion 10 cm x 8 cm over lat. aspect of upper part of (D) thigh.
6. Contusion 6 cm x 5 cm over last aspect of (R) shoulder.
9. In the opinion of the doctor, death was caused by asphyxia due to ante-mortem
strangulation.
10. After completing the investigation, charge-sheet (Ext. ka-12) against all the accused
appellants was filed. Concerned Magistrate took the cognizance. Supplied copy of the police
papers under Section 207 Cr.P.C. to the accused appellants. The case being exclusively
triable by the session’s court was committed to the Court of sessions.
11. Accused/appellants appeared and charge under Sections 498-A, 304-B, IPC and ¾ Dowry
Prohibition Act was framed. All the accused have denied the charges framed against them
and claimed their trial.
12. Trial proceeded, and on behalf of prosecution, eight witnesses were examined. PW-1,
Ram Bahadur, PW-2 Ram Sewak, PW-3 Dr. C.B. Chaurasia, PW-4 Constable Roshan Lal, PW-5
Janki Prasad, PW-6 Sub-Inspector Phool Singh, PW-7 Munnu Lal Verma, Circle Officer and
PW-8 Bal Govind, Circle Officer.
13. After closure of the prosecution evidence, statement of the accused appellants
under Section 313 Cr.P.C. was recorded.
14. Accused persons in their statements under Section 313 Cr.P.C. admitted the marriage of
deceased Nanhi @ Sumitra with accused appellant Rajiv but denied the entire allegations
levelled by the prosecution and stated that they have been falsely implicated.
15. Having heard the learned counsel for the parties and going through the record, the trial
court has found that the prosecution has fully succeeded in bringing home the charges
against the accused appellants beyond reasonable doubt and convicted and sentenced the
accused appellants, hence this appeal.
16. I have heard Shri B.D. Sharma, learned counsel for the appellants in this appeal as well
as in the connected criminal appeals and Shri Rajiv Patel, learned AGA for the State at
length, and perused the entire record carefully.
17. Castigating the impugned judgement and order, learned counsel for the appellant has
submitted that appellants Kalicharan, Poonam and Chala @ Chanchala were living
separately. There was sufficient evidence to establish this fact but the trial court wrongly
appreciated the fact and rejected the plea of the appellants. There are general allegations.
Prosecution could not prove the nexus between cause of death and the demand of
additional dowry. If the case of the prosecution as a whole is taken into consideration, then
also the role regarding demand of additional dowry, causing cruelty and harassment is
attracted only against the accused appellant Rajiv, who is the husband of the deceased. The
findings of the trial court are based on surmises and conjectures. Reference at this stage
was made by the learned counsel for the appellants to the statement of PW-1. It was further
submitted that accused appellant Rajiv is in jail in this matter for more than seven years out
of the maximum sentence of ten years imposed upon him by the trial court. A girl born from
the wedlock of the deceased and the accused appellant Rajiv is alive and none is to look-
after her. Hence, a lenient view in the matter be taken.
18. Per contra, the learned AGA appearing for the State has submitted that ante-mortem
injuries have been found on the body of the deceased. Prosecution witnesses have proved
the essential ingredients to constitute the offence under Section 304-B IPC. Death of the
deceased was otherwise than under normal circumstance. There is no evidence on record to
establish the separate living of the appellants Kalicharan, Poonam and Chala @ Chanchala.
The findings of the trial court are based on the evidence available on record. There is no
illegality, infirmity or perversity in the said findings warranting interference by this Court.
Since the trial court has taken a lenient view on the point of imposing sentence upon the
accused appellants, the findings of the trial court on this point need no interference.
19. I have considered the submissions made by the learned counsel for the parties and have
carefully gone through the entire record and evidence.
20. Prosecution case is that deceased was married with the appellant Rajiv according to
Hindu rites and rituals in the year 2003. In the FIR, allegation regarding demand of
additional dowry is that in-laws of the deceased were demanding a motorcycle and Rs.
80,000/- cash for opening a shop. Therefore, due to non-fulfilment of said demands, the
appellants have committed the present offence. It is also the case of the prosecution that
informant and other family members tried to sort-out the matter but accused appellants
were adamant to the additional dowry. Medical evidence discloses that there was one
ligature mark on the neck of the deceased. One abraded contusion on the right side of the
neck, one abraded contusion on the back of right shoulder, abraded contusion on the left
side under the waist and contusion on the left thigh and right shoulder.
21. Cause of death is shown asphyxia due to ante-mortem strangulation. Deceased died in
the house of appellants.
22. The finding of the trial court is that all the essential ingredients for drawing presumption
under Section 113B Evidence Act were proved by the prosecution. The trial court has
acquitted appellant Chala @ Chanchala for the offence under Section 304-B IPC but has
convicted and sentenced her for the offence under Section 498-A and Section 4 of the
Dowry Prohibition Act. Other accused appellants have been convicted and sentenced for the
offence under Sections 304-B IPC, 498-A IPC and Section 4 of the Dowry Prohibition Act.
23. Now the question is as to whether from the evidence available on record against the
accused appellants regarding demand of additional dowry, case under Section 4 of the
Dowry Prohibition Act, Sections 498-A IPC and 304-B IPC is made out.
24. From a perusal of the FIR, it is evident that only allegation is that in the marriage of the
deceased, the informant had given dowry as per his capacity but the in-laws of the deceased
were not satisfied with the same and were demanding additional dowry in the form of a
motorcycle and Rs. 80,000/- to open shop. PW-1 Ram Bahadur, who is the informant as well
as the father of the deceased has stated that accused appellants were not happy with the
dowry given at the time of marriage and were demanding a motorcycle and Rs. 80,000/- as
has been mentioned in the FIR. PW-2 Ram Sewak, who is the son of the informant and
brother of the deceased, has stated similar facts. PW-1 and PW-2 are the witnesses of
demand of additional dowry made by the accused appellants and cruelty, harassment, etc.
given to the deceased. Section 3 of the Dowry Prohibition Act provides for penalty for giving
or taking dowry and Section 4 of the Dowry Prohibition Act provides for penalty for
demanding dowry.
25. If the provisions enumerated in Sections 3 and 4 of the Dowry Prohibition Act, are taken
into consideration in context with the present matter, it is evident that the prosecution
could not make it clear what sort of demand was made before the date of marriage.
Prosecution could also not prove that there was any agreement between the parties to pay
certain amounts in the form of dowry. Certainly, the demand said to have been made by the
accused appellants was made after the marriage. Prosecution was also not able to connect
the additional demand of dowry with the accused appellants Kalicharan, Poonam and Chala
@ Chanchala. If any shop was to be opened on the strength of Rs. 80,000/-, it could be
attributed to the appellant Rajiv, who is the husband of the deceased, who could take direct
benefit with the demand of the said dowry. Similarly, from the demand of motorcycle also,
accused appellant Rajiv was beneficiary. It is out of imagination that how Chala @
Chanchala, the nanad of the deceased, who had to go her in-laws house, would be
benefited with the said demand of dowry. Similarly, Kalicharan and Poonam, father-in-law
and mother-in-law of the deceased, could not be benefited with the demand of motorcycle
and Rs. 80,000/-. If for the sake of argument, any demand of additional dowry was made
after the marriage, the same could be attributed only to the accused appellant Rajiv. It is
well settled legal proposition that proximate live link between the effect of cruelty based on
dowry demand and the consequential death is required to be proved by the prosecution.
The demand of dowry, cruelty or harassment based upon such demand and the cause of
death should not be too remote which, under the circumstances, be treated as having not
linked with the appellants. Thus, there must be a nexus between the demand of dowry,
cruelty or harassment, based upon such demand and the cause of the death.
26. In the present matter from the close analysis of the entire prosecution evidence, nexus
or proximity of the demand and cruelty is not connected with the death of the deceased
against the appellants Kalicharan, Poonam and Chala @ Chanchala. There is only general
allegation. Further, presumption taking recourse of the provisions of Section 113-B of the
Evidence Act could only be drawn if all the essential ingredients, as required under Section
304-B IPC are established by the prosecution.
27. Section 113-B of the Evidence Act, 1872 states that when the question is whether a
person has committed the dowry death of a woman, and it is shown that soon before her
death such woman has been subjected by such person to cruelty or harassment for, or in
connection with, any demand for dowry, the court shall presume that such person had
caused the dowry death. Section 304B of the IPC states that where the death of a woman is
caused by any burns or bodily injury or occurs otherwise than under normal circumstances
within seven years of her marriage and it is shown that soon before her death she was
subjected to cruelty or harassment by her husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall be called 'dowry death', and such
husband or relative shall be deemed to have caused her death.
28. Thus, the words 'soon before' appear in Section 113B of the Evidence Act, 1872 and also
in Section 304B of the IPC. For the presumptions contemplated under these Sections to
spring into action, it is necessary to show that the cruelty or harassment was caused soon
before the death. The interpretation of the words 'soon before' is, therefore, important.
This would obviously depend on the facts and circumstances of each case. The cruelty or
harassment differs from case to case. It relates to the mind-set of the people which varies
from person to person. Cruelty can be mental or it can be physical. Mental cruelty is also of
different shades. It can be verbal or emotional like insulting or ridiculing or humiliating a
woman. It can be giving threats of injury to her or her near and dear ones. It can be
depriving her of economic resources or essential amenities of life. It can be putting
restraints on her movements. It can be not allowing her to talk to the outside world. The list
is illustrative and not exhaustive. Physical cruelty could be actual beating or causing pain
and harm to the person of a woman. Every such instance of cruelty and related harassment
has a different impact on the mind of a woman. Some instances may be so grave as to have
a lasting impact on a woman. Some instances which degrade her dignity may remain etched
in her memory for a long time. Therefore, 'soon before' is a relative term. In matters of
emotions, it is not possible to detail a fixed formula. The time-lag may differ from case to
case. This must be kept in mind while examining each case of dowry death.
29. In this connection I may refer to the judgement of the Apex Court in the case of Sultan
Singh Versus State of Haryana (2014) 14 Supreme Court Cases 664, relevant paras of which
are quoted below:
7. We may also note that the presumption under Section 113B of the Indian Evidence Act
has been enacted to check the menace of the dowry deaths and in appreciating the
evidence, the social background of the legislation cannot be ignored. In Pawan Kumar vs.
State of Haryana, it was observed:
8. It is true, as argued by learned counsel for the appellants, that in criminal jurisprudence
benefit of doubt is extendable to the accused. But that benefit of doubt would arise in the
context of the application of penal law, and in the facts and circumstances of a case. The
concept of benefit of doubt has an important role to play but within the confines of the
stringency of laws. Since the cause of death of a married woman was to occur not in normal
circumstances but as a "dowry death", for which the evidence was not so easily available, as
it is mostly confined within the four walls of a house, namely the husband's house, where all
likely accused reside. Hence the aforesaid amendments brought in the concept of deemed
"dowry death" by the husband or the relatives, as the case may be. This deeming clause has
a role to play and cannot be taken lightly and ignored to shield an accused, otherwise the
very purpose of the amendment will be lost. Of course, the prosecution has to prove the
ultimate essential ingredients beyond all reasonable doubt after raising the initial
presumption of "deemed dowry death".
9. Explanation to Section 304-B refers to dowry "as having the same meaning as in Section
2 of the 1961 Act", the question is: what is the periphery of the dowry as defined therein?
The argument is, there has to be an agreement at the time of the marriage in view of the
words "agreed to be given" occurring therein, and in the absence of any such evidence it
would not constitute to be a dowry. It is noticeable, as this definition by amendment
includes not only the period before and at the marriage but also the period subsequent to
the marriage.
Judgement of the case:
 Learned counsel for the appellants has also not disputed the date of marriage, cause
of death, cruelty and harassment subjected to the deceased. Death of the deceased
 is not natural one. It occurred otherwise than under normal circumstance within
seven years of the marriage. Therefore, the findings recorded by the trial Court in
the impugned judgment and order holding guilty to the accused appellant Rajiv for
committing offence under Section 498A IPC, 304-B IPC and Section 4 of the Dowry
Prohibition Act are correct and do not require interference by this Court.
 In conclusion, we are satisfied that in the facts and circumstances of the case, the
appellant was rightly convicted under Section 304-B I. P. C. However, his sentence of
life imprisonment imposed by the Courts below appears to us to be excessive. The
appellant is a young man and has already undergone 6 years of imprisonment after
being convicted by the Additional Sessions Judge and the High Court. We are of the
view, in the facts and circumstances of the case, that a sentence of 10 years' rigorous
imprisonment would meet the ends of justice. We accordingly, while confirming the
conviction of the appellant under Section 304-B, I. P. C., reduce the sentence of
imprisonment for life to 10 years' rigorous imprisonment. The other conviction and
sentence passed against the appellant are confirmed."
 Minimum sentence provided under Section 304-B IPC is of seven years. The trial
court vide impugned judgment and order has imposed ten years sentence upon the
appellant Rajiv.
 Applying the principle laid down by the Apex Court in the aforesaid judgements and
having regard to the totality of the facts and circumstances of the case particularly
the fact that the accused appellant Rajiv has served-out substantial portion (about
seven years) of the sentence imposed upon him, I am of the considered view that
the ends of justice would meet if the sentence of the appellant Rajiv awarded to him
under Section 304-B IPC is reduced / modified to the imprisonment of eight years.
 In the light of foregoing discussions, Criminal Appeal No. 3858 of 2011 and Criminal
Appeal No. 4342 of 2011 are liable to be allowed. Conviction and sentence imposed
upon the accused appellants Kalicharan, Poonam for the offence punishable
under Section 304-B IPC and accused appellants Kalicharan, Poonam and Chala @
Chanchala for the offence punishable under Section 498-A IPC and for the offence
punishable under Section 4 of the Dowry Prohibition Act are liable to be set-aside.
 Further, Criminal Appeal No. 4479 of 2011 is liable to be allowed in part and the
conviction of the appellant, namely, Rajiv under Sections 304-B IPC, 498-
A IPC and Section 4 Dowry Prohibition Act is liable to be upheld. The impugned
judgment and order dated 18.6.2011 is liable to be modified to the extent as
discussed above.
 Accordingly, criminal appeal no. 3858 of 2011 and Criminal Appeal No. 4342 of 2011
are allowed and the conviction and sentence imposed upon the accused appellants
Kalicharan, Poonam for the offence punishable under Section 304-B IPC and accused
appellants Kalicharan, Poonam and Chala @ Chanchala for the offence punishable
under Section 498-A IPC and for the offence punishable under Section 4 of the
Dowry Prohibition Act are set-aside as these accused appellants are found not guilty
for the aforesaid offences. They are acquitted of all the charges framed against
them. They are on bail. They need not surrender. Their bail bonds are cancelled and
 sureties are discharged.
 Further, criminal appeal no. 4479 of 2011 is allowed in part and the conviction of the
appellant, namely, Rajiv under Sections 304-B IPC, 498-A IPC and Section 4 Dowry
Prohibition Act is upheld. The sentence of ten years rigorous imprisonment awarded
to the appellant Rajiv for his conviction under Sections 304-B IPC is altered and
reduced to the imprisonment of eight years. Punishment imposed against the
accused appellant Rajiv for the offence under Sections 498-A IPC and Section 4 of the
Dowry Prohibition Act is not interfered with.

LOOPHOLES AND SOLUTIONS:

Loopholes:

The Dowry Prohibition Act, 1961 is enacted to eradicate the practice of dowry, but the Act
has so many loopholes.
 The Act was sought to be amended in 1986 with a view to checking the misuse of the
Act, introduced Sec.8-B which deals with appointment of Dowry Prohibition Officers
by State Govt. The punishment prescribed for demanding, taking and giving dowry
were very low. So the Act has been amended from time to time.
 The major cause for failure of Dowry Prohibition Act, 1961 is that an infringement of
the provision of the Act is not made a cognizable offence.
 At present the offence is non-compoundable and so the wives framed in large no. of
cases or her family member simply for extracting money.
 The Law commission recommended that the offence under sec. 498-A should be
made compoundable offence with the permission of the court.
 The justice Malimath committee on criminal justice reform also recommended that it
should be made compoundable as well as bailable.
According to the opinion of the many people if offence will make compoundable it will
decrease the cases burden of the court. But I don’t think so that, the making offence
compoundable or non-compoundable makes any difference. The evil like dowry is deeply
rooted in the society it takes much time to eradicate this. At present this is the situation that
there are so many laws but not the specific or exact one which solve the problem properly.

Solutions:

1. Receptiveness of families to educate their daughters, help them capable of becoming

economically independent, leading to the destruction of the traditional, cultural sense of
learned helplessness (Rastogi & Therly, 2006).
2. Tougher legislation to tackle cases of dowry. A more consistent ‘‘follow-through’’ on
arrests, convictions and punishments of perpetrators, regardless of their socioeconomic
status.
3. Bystander legislation—such that if neighbors or community members fail to report
maltreatment to the authorities, they could be arrested and charged as coconspirators to a
dowry-related crime.
4. Consistent, large-scale national public health campaigns, spanning several years,
‘‘marketing’’ a bride as inherently valuable (Tripathi, 1995).
5. Social acceptance of choice-based marriage over arranged marriage or intercaste
marriages. Social acceptance of divorces and legislative changes to expedite divorces.
6. Accurate reporting of data. National, official figures of deaths or torture of women tend
to be lower than those reported by local grassroots organizations (Kumar & Kanth 2004).

3rd CASE REGARDING CHILD MARRIAGE

T. Sivakumar v. The Inspector of Police
A father petitioned the Madras High Court to direct the Inspector of Police (the first
respondent) to secure his daughter’s release from the custody of the second and third
respondents (a father and son) and place her in his custody. The daughter, who was 17
years old, had left to go to a local temple but did not return. Her father stated that the
second and third respondents had kidnapped her and filed a habeas corpus petition on
this basis.
Upon the hearing of this petition, the daughter filed an affidavit stating that she was in
love with and had married the second respondent, and that she had not been kidnapped
nor was she being illegally detained by him or any of his family members. She stated
that, when her parents discovered her feelings, they had started arranging a marriage
with her maternal uncle against her wishes and so she left her home of her own accord.
The second and third respondents submitted a petition for the girl to attend an
engineering college and live in accommodations provided for her there. Since the girl
was not willing to go with her parents, the girl was housed in a government children’s
home by the Division Bench of the Madras High Court.
When considering the issues of the case, the Division Bench of the Madras High Court
referred certain questions to a three-judge bench of the Madras High Court, principally:
(a) Whether a marriage contracted by a person with a female of less than 18 years could
be said to be a valid marriage;
(b) Whether the custody of the said girl be given to the husband;
(c) Whether a minor can be said to have reached the age of discretion and thereby walk
away from the lawful guardianship of her parents and refuse to go into their custody and
if yes) can she be kept in the protective custody of the State;
(d) Whether, in view of the provisions of Juvenile Justice (Care and Protection of
Children) Act 2000, a minor girl who claims to have solemnized her marriage with
another person constitutes a juvenile in conflict with law and whether in violation of the
procedure mandated by the Juvenile Justice (Care and Protection of Children) Act 2000
the Court has the power to entrust the custody of the minor girl to the person to whom
she was illegal married;
(e) Whether the principles of Sections 17 & 19(a) of the Guardians and Wards Act 1890
could be imported to a case arising out of the alleged marriage of a minor girl,
admittedly in contravention of the provisions of the Hindu Marriage Act.
The Court firstly took note of the fact that since the daughter of the Petitioner and the
second respondent are Hindus, Hindu Personal Laws of marriage and guardianship (i.e.
the Hindu Marriage Act 1955 and the Hindu Minority and Guardianship Act 1956) will be
applicable in this case. Then it began its analysis by studying legal developments in the
area of child marriage in India, taking particular care to consider the provisions of the
Prohibition of Child Marriages Act 2006 (PCMA).
In considering question (a) of whether a marriage contracted by a person with a female
of less than 18 years was a valid marriage, the Court considered that PCMA had made
such marriages “voidable”, making them capable of being annulled or solemnized by the
contracting party who was a child at the time of the marriage once the contracting party
attained majority. Such marriages were neither valid marriages in the strict sense and
nor invalid – the consequence being that such marriages afforded limited rights to the
husband (in this case, the second respondent).
In considering question (b) of whether the custody of a girl who was married as a child
could be given to the husband, the Court considered the issue of natural guardianship of
Hindu females (before and after marriage). The Court noted that, although natural
guardianship of the female passed from the father (or mother) to the husband upon
marriage, this could not be said to occur in the case of a child marriage as, under PCMA,
such a marriage was an offence. The Court concluded that it would defeat the objective
of PCMA if a husband could be the natural guardian of a female child he had married in
contravention of the law. The Court also made clear that, in determining custody, the
minor’s welfare was of paramount importance (more so than the legal rights of those
seeking relief through the court system). The Court further held that even if the female
child expresses her desire to remain in her husband’s custody, this shall not be
considered. However, as an interested person in the welfare of the minor girl, her
husband may apply to the Court to set her at liberty if she is illegally detained.
In determining question (c) of whether a minor can be said to have reached the age of
discretion and thereby walk away from the lawful guardianship of her parents and refuse
to go into their custody, the Court held that this issue has to be decided based on the
facts and circumstances of each case and though the views of the minor should be
considered, the minor’s views cannot be the sole relevant factor to be taken into
account by the Court. Additionally, if a minor expressed a wish not to return to her/his
parents and if the Court is of the opinion that minor girl has capacity to make this
determination, then the Court cannot compel her to go to her parents and may hand
over her custody to a person or a children’s home as it deems fit subject to the minor
girl’s consent. Linking to the question of whether a minor can be kept in the protective
custody of the State in such circumstances, the Court held that it would be possible for
the court to order the minor to be placed in the custody of the State if it would serve the
minor’s interests.
While answering question (d), the Court further determined that a minor was not an
offender under PCMA or any other act dealing with child marriage. A minor girl whose
marriage has been contracted in violation of PCMA is not an offender under PCMA or the
Hindu Marriage Act and thus she is not a juvenile in conflict with law. The Court also held
that the minor girl not being a child in conflict with law should not at any cost be kept in
a home for children who are in conflict with the law.
While considering question (e), the Court held that it may take into consideration the
principles embodied in the Guardians and Wards Act 1890 for guidance.
In considering the above questions, the Court made clear its distaste for child marriage
and labeled it both a menace and a human rights violation which should be eradicated.
The Court highlighted that PCMA made such marriages illegal, urged the Government to
do more to promote PCMA and urged the police to be more active in seeking
prosecutions under PCMA. In considering the questions put before it in this case, the
Court made clear its view that (i) no benefits or rights should be provided to those who
enter into marriage with a child, (ii) that the child itself cannot be a culpable individual in
such situations, and (iii) the minor’s best interests were of paramount importance.
The matter was then sent back to the Division Bench of the Madras High Court to be
decided in light of these findings of the three-judge bench.

LOOPHOLES AND SOLUTIONS:

Loopholes:

 Child marriage violates international human rights laws and standards, including Article
16(2) of the Universal Declaration of Human Rights, which requires the “free and full
consent” of spouses to marriage. It also violates Article 16 of the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), which requires
women and girls to have the “right freely to choose a spouse” and to “enter into
marriage only with their free and full consent.” CEDAW also states that the “betrothal
and the marriage of a child shall have no legal effect.” India is also signatory to the
Convention on the Rights of the Child (CRC), and child marriage violates a range of CRC
provisions, including the right of children not to be separated from their parents against
their will and the right of children to freely express their views on matters that affect
them. Further, under the CRC, the state is obligated to take measures to abolish
traditional practices prejudicial to the health of children, including marriage.
 The social forces at play perpetuating child marriage are difficult to combat, deep-
seated and intertwined as they are. But perhaps what is lesser known is that laws in
India prohibiting child marriage are flawed, contributing to the problem.
 First, the Prohibition of Child Marriage Act, 2006 repealed the Child Marriage Restraint
Act, 1929 and attempted to address the previous Act’s shortcomings. This Act defined
child marriage as the marriage of boys under age 21 and girls under 18. The Act also
 made positive changes, including extending the maximum length of punishment to two
years of imprisonment and/or a fine of up to one lakh rupees. If the marriage is
nullified, the Act requires the return of money, valuables, gifts, and ornaments given by
each party to the other, and also allows an order of maintenance for the former wife.
The Act also provides for government-appointed Child Marriage Prohibition Officers to
work to prevent child marriages; while good in theory, it is unclear whether they are
actually in operation and to what extent.
 Notably, the Delhi High Court has held that the 2006 Act overrides personal law (Court
On Its Own Motion (Lajja … v. State) (2012)). Thus, even if child marriage is considered
acceptable in personal law, religious communities (in this jurisdiction, at least) are
required to adhere to the more stringent requirements of the 2006 Act, which allow
child marriages to be voidable at the option of the child entered into the marriage.
Despite this, it is worth emphasizing that the Act still failed to make all child marriages
automatically void, instead making them void only where the child is “taken or enticed”
from the care of a guardian, in cases of compulsion, fraud or trafficking, and if
performed in violation of an injunction. Erecting further barriers, the Act holds that a
child marriage is voidable only upon the filing of a petition for annulment in district
court. It is thus deeply problematic that the 2006 Act does not automatically declare
child marriages void, only making them voluntarily voidable. This gap led to a disturbing
judgment in May 2012, where the Delhi High Court held that a 15-year old girl, under
Muslim personal law, has the right to marry without the consent of her parents as long
as she has attained the age of puberty (Mrs. Tahra Begum v. State of Delhi And Ors,
(2012)). The High Court held that a child marriage is not automatically void under India’s
civil laws if entered into by the ‘choice’ of the girl, but that the marriage would be
voidable only at the option of the contracting party under the Prohibition of Child
Marriage Act, 2006. This loophole thus seems to allow child marriages to continue to be
legally valid, in violation of CEDAW.

Solutions:

 Child marriage ends childhood. It negatively influences children’s rights to education,

health and protection. These consequences impact not just the girl directly, but also her
family and community.
 UNICEF’s approach to ending child marriage in India recognizes the complex nature of
the problem, and the socio-cultural and structural factors underpinning the practice.
UNICEF India accomplished its ‘scale-up strategy’ to prevent child marriage and increase
adolescent empowerment by working with government, partners and relevant
stakeholders from the national level down to the district level. The most significant
development has been the gradual shift from interventions that are small in scope and
mainly sector-based to large scale district models on adolescent empowerment and
reduction of child marriage which rely on existing large government programmes.
 UNICEF and UNFPA have joined forces through a Global Programme to Accelerate
Action to End Child Marriage, where for the first time existing strategies in areas such as
 health, education, child protection, nutrition and water and sanitation have been
brought together to address child marriage in a holistic manner. The approach is to
address child marriage through the entire lifecycle of a child especially by addressing
persisting negative social norms which are key drivers for the high prevalence of child
marriage in India. The programme works in partnership with governments, civil society
organizations and young people themselves and adopt methods that have proven to
work at scale.
 Ways to prevent child/Forced marriage are as follows:
 Educate Girls
 Empower Girls
 Educate Parents
 Mobilise religious leaders and community elders
 Support Adolescent Girls Who Are Already Married
 Support Legislation Against Child Marriage
 Advocate for Women as Community Leaders
 Provide Relevant Economic Support
 Get Informed and Take Action
 Support Anti-Child Marriage charities and organisations

4th CASE REGARDING ACID ATTACK

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 867 OF 2013
Parivartan Kendra vs Union of India and others

 By way of present writ petition filed in public interest under Article 32 of the
Constitution of India, the petitioner – a registered NGO seeks to highlight the plight of
the acid attack victims and the inadequacy how the compensation payable to the
victims as per the orders of the Apex Court in Laxmi vs. Union of India (in Writ Petition
(Crl.) No.129 of 2006). Petitioner also highlights the lack of a legal guarantee to free
medical care, rehabilitative services or adequate compensation under the Survivor
Compensation Schemes.

 This case was filed by a NGO Parivartan Kendra in order to bring to notice the
predicament of the acid attack victims. It contains reference to Laxmi vs Union of India
case.
 The four assailants attacked two dalit girls of Bihar with acid during midnight while they
were sleeping on their rooftops. They had also terrorized and harassed them and their
family before executing their acid attack. The victims were rushed to Patna Medical
College and Hospital where they were not given proper treatment on time. The
Government of Bihar gave a compensation of Rs.2,42,000 for the treatment of both the
victims. However, the family had already spent Rs. 5,00,000 on their treatment till the
filing. The acid attack victims have to go under multiple medical treatments and
surgeries which are very expensive. This case highlights the disparity in compensations
given to acid attack victims for their treatment, rehabilitation and restoration.

 It also brings to notice the carelessness and irresponsibility on the path of hospitals
where the acid attack victims are taken for treatments. The victims were also
mistreated by the hospital and doctors on the grounds of their caste. This case also
points out the lack of standard procedures and treatment to be followed for the victims.

 It also signifies the need to place stringent and strict regulations on the sale of acid and
other such corrosive substance. Furthermore, severe forms of punishments and fines
for the failure to follow the regulations..

LOOPHOLES AND SOLUTIONS:

LOOPHOLES:

The law commission of India in its 226 th report has asserted that the majority of acid attack
victims are women – “particularly young women for spurning suitors, for rejecting proposals
of marriage, for denying dowry etc. The attacker is not able to take the fact that he has been
rejected by the women and seeks to destroy the body of the women who has dare to stand
up to him. A renowned academician Afroza Anwari in his study emphasized that how acid is
used by men on women as a mark of their masculinity and superiority over women to keep
women in their place14. Acid is used as weapon to silence and control women by destroying
what is constructed as the primary constituent of her identity. Anwari in his study further
maintained that in patriarchal and conservative societies, overemphasis is laid on marriage
of a girl. Women have been limited to their virginity and fair complexion. Her romantic
relationship prior to her marriage is odious 15. When the girl turns down the proposal of
vengeful lovers for marriage or is rejected by the family of hers, they resort to acid attack.
There is also an economic aspect to acid attacks in view of globalization. The financial
independence of women in a society of unemployed men creates antagonism in them.
“Deteriorating economic conditions, high unemployment rates among male bread-winners,
the growing number of powerless households, and the absence of pastoral work for male
labourers” are the major reasons for their pique. Thus, women who are burdened with the
onus of earning for the family are often made victim of acid by their husbands and In-laws
when they fail to live up to their expectations as homemakers in their conservative sexual
roles. Property disputes are another cause for such violence on women. The motivation of
acid attacks on women can be attribute to various factors and feelings. Some men throw
acid on women in order to demean them, some do to show their superiority over the
women. Men want their everlasting control over women’s fate.
Study of Indian News Reports, from January 2002 to October 2012 uncovered that victim’s
rejection for love and marriage proposals motivate attacks in 35% of the different new
stories, providing an intention for the attack 16. Furthermore, leading organization working
for acid attack victims published another report. The Campaign and Struggle against Acid
Attacks on Women (CSAAAW) found that sexual harassment or assault in response to a
women or girl refusing such advances or demanding that the violence should stop often
precede such attacks. This shows the society’s outlook on the women. Women still cannot
fight for the rights which are in still in every person from their birth. In a patriarchal society
woman is guided by the males and cannot take her own decisions or make her own choices.
Women complexion her size is considered as the beauty of her which is why it gives much
pleasure for the men to throw acids on the women in order to destroy their body and
dreams. It comes from the thinking “If I can’t have you, nobody else would. Another reason
may be dowry problems or other marital problems. Though taking dowry is a punishable
offence, but still it is largely prevalent in many areas. It is considered as the duty of the
bride’s family, and has to suffer a huge social stigma if not complied with. In India, many
women have claim that they are attacked with acids due to failure to meet the monetary
expectations of them in laws. The study of the newspaper reports in India, exhibits nearly
20% of the attacks are occurred between unrelated people, due to business rivalry, sales
disputes, land quarrels or due to families reprisal.17.
 However, whilst self-immolation or setting a woman on fire are considered by some as
upright, the transformation of these types of traditions into the recent days burning of
brides over economic greed, is a perversion of the auspiciousness of Sati. Kerosene, most
often used as the ignition fluid in Dowry Violence, is commonly found in kitchens in India
and is cheap, legal, and accessible. In cases where Dowry Deaths are investigated, often they
are classified by authorities as Dowry Accidents whereby a stove has burst or there is a
kitchen accident.
 Thus, from the above discussion it can be conclude that the men resort to acid attack as a
means to intimidate women and to impose their authority on her. Such types of ferocious
attacks foster his male ego and make him feel that he is the honoured maker of God and has
created the male-controlled society. Females between 11 and 30 years are the most
vulnerable to such attacks, in 36% of the acid violence women are attacked for refusing the
marriage proposals. Therefore, the main cause that is seen to be behind acid attack is
rejection for sexual advances.

SOLUTIONS:

 An acid attack case in Bangladesh is now tracked speedily, so much so that

investigations are required to be completed within 30 days. If the investigating
officer needs more time, the court has to be informed. Further, the case has to be
 decided within 90 days. Another factor is that unlicensed production, import,
transportation, storage, sale and use of acid can offer a jail term from three to ten
years in the region. This law is not only practised without fail, but has also led to a
reduction of this crime over the years.

 Another country we can learn from is Colombia. The country, after a brutal attack on
Natalia Ponce De Leon in 2014, had within two years passed a law named after her,
making penalty for acid attacks comparable to that for homicide.

 These acid attacks also happen at large because the country does not treat the
perpetrators more severely. The survivors, on the other hand, are not treated
generously by the society, adding to their troubles.

 When it comes to safety of women, India has a long way to go and multiple
measures to take. Acid attacks, however, have been shocking the conscience of the
nation time and again. With several efforts already lined up, several more need to be
put in place to completely eradicate the country of this barbaric crime.

5TH CASE REGARDING EVE TEASING

CASE UNDER EVE-TEASING ACT

EVE-TEASING LED TO DEADTH OF A WOMEN IN THE STATE TAMIL NADU IN THE YEAR 1998
JUDGEMENT

 Eve-Teasing is a euphemism, a conduct which attracts penal action but it is seen, only in
one State, a Statute has been enacted, that is State of Tamil Nadu to contain the same,
the consequence of which may at times drastic. Eve-teasing led to the death of a
woman in the year 1998 in the State of Tamil Nadu which led the Government bringing
an ordinance, namely, the Tami Nadu Prohibition of Eve-Teasing Ordinance, 1998,
which later became an Act, namely, the Tamil Nadu Prohibition of Eve-Teasing Act, 1998
[for short ‘the Eve-Teasing Act’]. The Statement of Objects and Reasons of the Eve-
Teasing Act reads as follows:
 Accordingly, the Tamil Nadu Prohibition of Eve-teasing Ordinance, 1998 (Tamil Nadu
Ordinance No. 4 of 1998) was promulgated by the Governor and the same was
published in the Tamil Nadu Government Gazette Extraordinary, dated the 30th July,
1998.
 The Bill seeks to replace the said Ordinance.” We are in this case concerned with a
situation where a member of the law enforcement agency, a police personnel, himself
was caught in the act of eve-teasing of a married woman leading to criminal and
 disciplinary proceeding, ending in his dismissal from service, the legality of which is the
subject matter of this appeal.
 The respondent herein, while he was on duty at the Armed Reserve, Palayamkottai was
deputed for Courtallam season Bandobust duty on 9.7.1999 and he reported for duty
on that date at 8.30 PM at the Courtallam Season Police out post. At about 11.00 PM he
visited the Tenkasi bus stand in a drunken state and misbehaved and eve-teased a
married lady, who was waiting along with her husband, to board a bus. The respondent
approached that lady with a dubious intention and threatened both husband and wife
stating that he would book a case against the husband unless the lady accompanied
him. Further, he had disclosed his identity as a police man. Both husband and wife got
panic and complained to a police man, namely, Head Constable Adiyodi (No.1368) who
was standing along with Head Constable Peter (No.1079) of Tenkasi Police Station on
the opposite side of the bus-stand. They were on night duty at the bus stand. They
rushed to the spot and took the respondent into custody and brought him to Tenkasi
Police Station along with the husband and wife. Following that, a complaint
No.625/1999 was registered on 10.7.1999 at that Police Station against the respondent
under Section 509 of the Indian Penal Code and under Section 4 of the Eve-teasing Act.
On 10.7.1999, at about 1.25 hrs., the respondent was taken to the Government Hospital
Tenkasi for medical examination. There he was examined by Dr. N. Rajendran, who
issued a Certificate of Drunkenness.
 The Deputy Superintendent of Police, Armed Reserve, Tiruneveli, conducted a detailed
domestic enquiry and after examining ten prosecution witnesses and perusing fourteen
prosecution documents and after hearing the defence witnesses, submitted a report
dated 22.11.1999 finding all the charges proved against the delinquent respondent. The
Superintendent of Police, Tiruneveli after carefully perusing the enquiry report
dismissed the respondent from service on 4.1.2000.
 The respondent, aggrieved by the dismissal order, filed O.A. No.1144 of 2000 before the
Tamil Nadu Administrative Tribunal, Chennai. While the O.A. was pending before the
Tribunal, the Judicial Magistrate, Tenkasi rendered the judgment in S.T.C No.613 of
2000 on 20.11.2000 acquitting the respondent of all the charges. The judgment of the
Criminal Court was brought to the notice of the Tribunal and it was submitted that, on
the same set of facts, the delinquent be not proceeded within the departmental
proceeding. The judgment of this Court in Capt. M. Paul Anthony v. Bharat Gold Mines
Ltd. and Another (1999) 3 SCC 679 was also placed before the Tribunal in support of
that contention.
 The Tribunal noticed that both, husband and wife, deposed before the Enquiry Officer
that the respondent had committed the offence, which was supported by the other
prosecution witnesses, including the two policemen who took the respondent in
custody from the place of incident. Consequently, the Tribunal took the view that no
reliance could be placed on the judgment of the criminal court. The O.A. was
accordingly dismissed by the Tribunal vide order dated 23.3.2004. The order was
challenged by the respondent in a Writ Petition No.13726 of 2004 before the High Court
 of Madras. The High Court took the view that if a criminal case and departmental
proceedings against an official are based on the same set of facts and evidence and the
criminal case ended in an honourable acquittal and not on technical grounds, imposing
punishment of removal of the delinquent official from service, based on the findings of
domestic enquiry would not be legally sustainable. The High Court also took the view
that the version of the doctor who was examined as PW8 and Ext. P-4 certificate issued
by him, could not be considered as sufficient material to hold the respondent guilty and
that he had consumed alcohol, but was found normal and had no adverse influence of
alcohol. The High Court, therefore, allowed the writ petition and set aside the impugned
order dismissing him from service. It was further ordered that the respondent be
reinstated with continuity of service forthwith, with back wages from the date of
acquittal in the criminal case, till payment.
 The State, aggrieved by the said judgment has filed this appeal by special leave through
the Deputy Inspector General of Police. Shri C. Paramasivam, learned counsel appearing
for the appellant, submitted that the High Court was not justified in interfering with
disciplinary proceedings and setting aside the order of dismissal of the respondent.
Learned counsel submitted that the High Court overlooked the fact that the standard of
proof in a domestic enquiry and criminal enquiry is different. The mere acquittal by the
criminal Court does not entitle the delinquent for exonerating in the disciplinary
proceedings. Learned counsel also submitted that the case in hand is not where
punishment of dismissal was imposed on the basis of conviction in a criminal trial and
only, in such situation, acquittal by a Court in a criminal trial would have some
relevance. Further, it was also pointed out that, in the instant case, the respondent was
not honourably acquitted by the criminal Court, but was acquitted since complainant
turned hostile.
 Shri V. N. Subramaniam, learned counsel appearing for the respondent, supported the
findings recorded by the High Court. Learned counsel submitted that the judgment of
the criminal court acquitting the respondent has to be construed as an honourable
acquittal and that the respondent cannot be proceeded with on the same set of facts on
which he was acquitted by a criminal court. Learned counsel also placed reliance on the
judgment of this Court in Capt. M. Paul case (supra).
 We may first deal with the departmental proceedings initiated against the respondent.
 The charges were inquired into by the Deputy Superintendent of Police, Armed Reserve
Tirunelveli. The prosecution examined ten witnesses and fourteen documents were
produced. On the side of the defence, D.W. 1 and D.W. 2 were examined. After
examining the witnesses on either side and after giving an opportunity of hearing, the
Enquiry Officer found all the three charges proved beyond reasonable doubt. P.Ws. 4
and 5, who were Head Constables 1368 Adiyodi of Tenkasi Police Station and Head
Constable 1079 Peter of Tenkasi Police Station, clearly narrated the entire incident and
the involvement of the respondent, so also PW 6, the Head Constable of Tenkasi Police
Station. The Enquiry Officer clearly concluded that the evidence tendered by the
prosecution witnesses P.Ws. 4, 5 and 6 and prosecution documents 3, 4 and 5 would
clearly prove the various charges levelled against him. The Medical Officer of the
 Government Hospital had also certified that the delinquent had consumed liquor and he
was not cooperating for urine and blood tests. The Enquiry Officer also found that the
delinquent ought to have reported for duty at the out-post station on 10.7.1999 at
07.00 hrs. as per the instruction given to him on 9.7.1999 at 20.30 hrs., while he
reported for courtallam season Bandobust duty at season out-post police station. But, it
was found that the delinquent had failed to report for duty. Further, he had also
indulged in the activity of eve-teasing a married woman. After finding the delinquent
respondent guilty of all the charges, the Enquiry Officer submitted its report dated
22.11.1999. The Superintendant of Police, Tirunelveli concurred with the findings of the
Enquiry Officer and held that the charges were clearly proved beyond reasonable
doubt. It was held that the respondent being a member of a disciplined force should not
have behaved in a disorderly manner and that too in a drunken state, in a public place,
and misbehaving with a married woman. It was held that the said conduct of the
respondent would undermine the morale of the police force, consequently, the
Superintendant of Police awarded the punishment of dismissal from service on the
respondent, vide its proceeding dated 4.1.2000. The respondent then filed an appeal
before the Inspector General of Police, which was rejected vide his proceeding dated
10.3.2000. Respondent then filed an application in O.A. No. 1144 of 2000 before the
Tamil Nadu Administrative Tribunal. While O.A. was pending, the delinquent was
acquitted of the criminal charges.
 The meaning of the expression ‘honourable acquittal’ came up for consideration before
this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh
Panchal (1994) 1 SCC 541. In that case, this Court has considered the impact of
Regulation 46(4) dealing with honourable acquittal by a criminal court on the
disciplinary proceedings. In that context, this Court held that the mere acquittal does
not entitle an employee to reinstatement in service, the acquittal, it was held, has to be
honourable. The expressions ‘honourable acquittal’, ‘acquitted of blame’, ‘fully
exonerated’ are unknown to the Code of Criminal Procedure or the Penal Code, which
are coined by judicial pronouncements. It is difficult to define precisely what is meant
by the expression ‘honourably acquitted’. When the accused is acquitted after full
consideration of prosecution evidence and that the prosecution had miserably failed to
prove the charges levelled against the accused, it can possibly be said that the accused
was honourably acquitted.
 In R.P. Kapoor v. Union of India, AIR 1964 SC 787, it was held even in the case of
acquittal, departmental proceedings may follow where the acquittal is other than
honourable. In State of Assam and another v. Raghava Rajgopalachari reported in 1972
SLR 45, this Court quoted with approval the views expressed by Lord Williams, J. in
(1934) 61 ILR Cal. 168 which is as follows: “The expression “honourably acquitted” is
one which is unknown to court of justice. Apparently it is a form of order used in courts
martial and other extra judicial tribunals. We said in our judgment that we accepted the
explanation given by the appellant believed it to be true and considered that it ought to
have been accepted by the Government authorities and by the magistrate. Further, we
decided that the appellant had not misappropriated the monies referred to in the
 charge. It is thus clear that the effect of our judgment was that the appellant was
acquitted as fully and completely as it was possible for him to be acquitted. Presumably,
this is equivalent to what Government authorities term ‘honourably acquitted’”.
 As we have already indicated, in the absence of any provision in the service rule for
reinstatement, if an employee is honourably acquitted by a Criminal Court, no right is
conferred on the employee to claim any benefit including reinstatement. Reason is that
the standard of proof required for holding a person guilty by a criminal court and the
enquiry conducted by way of disciplinary proceeding is entirely different. In a criminal
case, the onus of establishing the guilt of the accused is on the prosecution and if it fails
to establish the guilt beyond reasonable doubt, the accused is assumed to be innocent.
It is settled law that the strict burden of proof required to establish guilt in a criminal
court is not required in a disciplinary proceedings and preponderance of probabilities is
sufficient. There may be cases where a person is acquitted for technical reasons or the
prosecution giving up other witnesses since few of the other witnesses turned hostile
etc. In the case on hand the prosecution did not take steps to examine many of the
crucial witnesses on the ground that the complainant and his wife turned hostile. The
court, therefore, acquitted the accused giving the benefit of doubt. We are not
prepared to say in the instant case, the respondent was honourably acquitted by the
criminal court and even if it is so, he is not entitled to claim reinstatement since the
Tamil Nadu Service Rules do not provide so.
 In view of the above mentioned circumstances, we are of the view that the High Court
was not justified in setting aside the punishment imposed in the departmental
proceedings as against the respondent, in its limited jurisdiction under ARTICLE 226 of
the Constitution of India.. We may, in the facts and circumstances of this case, wish to
add some aspects which are also of considerable public importance. We notice that
there is no uniform law in this country to curb eve-teasing effectively in or within the
precinct of educational institutions, places of worship, bus stands, metro-stations,
railway stations, cinema theatres, parks, beaches, places of festival, public service
vehicles or any other similar place. Eve-teasing generally occurs in public places which,
with a little effort, can be effectively curbed. Consequences of not curbing such a
menace, needless to say, at times disastrous. There are many instances where girls of
young age are being harassed, which sometimes may lead to serious psychological
problems and even committing suicide. Every citizen in this country has right to live with
dignity and honour which is a fundamental right guaranteed under  of the Constitution
of India. Sexual harassment like eve- teasing of women amounts to violation of rights
guaranteed under Articles 14, 15 as well. We notice in the absence of effective
legislation to contain eve-teasing, normally, complaints are registered under  IPC.
SECTION NO 249 says that “Whoever, to the annoyance of others- (a) does any obscene
act in any public place, or (b) sings, recites or utters any obscene song; ballad or words,
in or near any public place, shall be punished with imprisonment of either description
for a term which may extend to three months, or with fine, or with both”.
 It is for the prosecution to prove that the accused committed any obscene act or the
accused sang, recited or uttered any obscene song; ballad or words and this was done in
 or near a public place, it was of obscene nature and that it had caused annoyance to
others. Normally, it is very difficult to establish those facts and, seldom, complaints are
being filed and criminal cases will take years and years and often people get away with
no punishment and filing complaint and to undergo a criminal trial itself is an agony for
the complainant, over and above, the extreme physical or mental agony already
suffered.
 SECTION NO 506 IPC says, “Whoever intending to insult the modesty of any woman,
utters any word, makes any sound or gesture, or exhibits any object, intending, that
such word or sound shall be heard, or that such gesture or object shall be seen, by such
woman, or intrudes upon the privacy of such woman, shall be punished with simple
imprisonment for a term which may extend to one year, or with fine or with both”. The
burden is on the prosecution to prove that the accused had uttered the words or made
the sound or gesture and that such word, sound or gesture was intended by the
accused to be heard or seen by some woman. Normally, it is difficult to establish this
and, seldom, woman files complaints and often the wrong doers are left unpunished
even if complaint is filed since there is no effective mechanism to monitor and follow up
such acts. The necessity of a proper legislation to curb eve-teasing is of extreme
importance, even the Tamil Nadu Legislation has no teeth.
 Eve teasing today has become pernicious, horrid and disgusting practice. The Indian
Journal of Criminology and Criminalistics (January- June 1995 Edn.) has categorized eve
teasing into five heads viz. (1) verbal eve teasing; (2) physical eve teasing; (3)
psychological harassment; (4) sexual harassment; and (5) harassment through some
objects.  (1977) 6 SCC 241, this Court has laid down certain guidelines on sexual
harassments. ; (1995) 6 SCC 194, this Court has explained the meaning of ‘modesty’ in
relation to women. More and more girl students, women etc. go to educational
institutions, work places etc. and their protection is of extreme importance to a civilized
and cultured society. The experiences of women and girl children in over-crowded
buses, metros, trains etc. are horrendous and a painful ordeal.

LOOPHOLES :

 Marital Rape – Not rape – An absolute baloney: The statue is quite an elaborate and
extensive one. It aims at covering all aspects and ingredients of the monstrous and
heinous crime of rape. What the law fails to understand here is that a wife is a woman
first of all and she can never stop being a woman till the end of her days. So, if being a
wife puts her into a more vulnerable position as the husband could actually have
intercourse without her consent, the law itself is backfiring the very intent of the
legislation, that is to protect women from such monstrous crimes.
 "Penetration" – Poorly defined : The word "penetration" is very obscure and indefinite.
Ordinarily in the act of rape the "penetration" is made by the penal organ.
Unfortunately, there are many gruesome instances where external objects have been
inserted into the women’s organ such as the infamous "Delhi gang rape”. This is what
happened in the case of Smt Sudesh Jhaku v. Kcj and Ors. In this situation the judiciary
 blames the legislation for poor drafting and the judiciary is blamed for poor
interpretation. Ultimately it is nothing but a grave miscarriage of justice. Therefore,
either the statute must be elaborate enough to cover all such monstrous acts within the
ambit of rape or the courts must exercise wide interpretation or rather a liberal
approach towards interpretation of such a vague statue.
 Requirement for an exclusive statute for paedophiles : Sexual assault on children is
again on the rise yet there is no exclusive enactment or statute to address such a
heinous crime. Currently, sexual assaults on children are dealt under section 375,376
and 377. Rape is no doubt a monstrous act but child sexual assault is even graver than
rape and the perpetrators of child sexual assault need severe deterrence through an
exclusive act or a provision. When there are umpteen enactments from a pin to a plane
in India, why not there be a separate legislation for child sexual assault? When Dowry
was at the peak, the Dowry Prohibition Act came to the rescue. Similarly, when
Domestic violence was a pressing social issue, The Domestic Violence act was enacted.
Thus, the legislators ought to enact a special legislation to tackle the problem of child
sexual assault

 SOLUTIONS:

 .All the State Governments and Union Territories are directed to depute plain clothed
female police officers in the precincts of bus-stands and stops, railway stations, metro
stations, cinema theatres, shopping malls, parks, beaches, public service vehicles, places
of worship etc. so as to monitor and supervise incidents of eve-teasing.

 There will be a further direction to the State Government and Union Territories to
install CCTV in strategic positions which itself would be a deterrent and if detected, the
offender could be caught.

 Persons in-charge of the educational institutions, places of worship, cinema theatres,

railway stations, bus-stands have to take steps as they deem fit to prevent eve-teasing,
within their precincts and, on a complaint being made, they must pass on the
information to the nearest police station or the Women’s Help Centre.

 Where any incident of eve-teasing is committed in a public service vehicle either by the
passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a
complaint made by the aggrieved person, take such vehicle to the nearest police station
and give information to the police. Failure to do so should lead to cancellation of the
permit to ply.

 State Governments and Union Territories are directed to establish Women’ Helpline in
various cities and towns, so as to curb eve-teasing within three months.
  Suitable boards cautioning such act of eve-teasing be exhibited in all public places
including precincts of educational institutions, bus stands, railway stations, cinema
theatres, parks, beaches, public service vehicles, places of worship etc.

 Responsibility is also on the passers-by and on noticing such incident, they should also
report the same to the nearest police station or to Women Helpline to save the victims
from such crimes.

 The State Governments and Union Territories of India would take adequate and
effective measures by issuing suitable instructions to the concerned authorities
including the District Collectors and the District Superintendent of Police so as to take
effective and proper measures to curb such incidents of eve-teasing.

6th CASE REGARDING SEXUAL HARRSEMENT IN WORKPLACE

VISHAKA AND STATE OF RAJASTHAN

CASE UNDER SEXUAL HARRSEMENT IN WORKPLACE

 During the 1990s, Rajasthan state government employee Bhanwari Devi who tried to

prevent child marriage as part of her duties as a worker of the Women Development
Programme was raped by the landlords of the gujjar community. The feudal patriarchs who
were enraged by her (in their words: "a lowly woman from a poor and potter community")
'guts' decided to teach her a lesson and raped her repeatedly. The rape survivor did not get
justice from Rajasthan High Court and the rapists were allowed to go free. This enraged a
women's rights group called Vishaka that filed a public interest litigation in the Supreme
Court of India.
 This case brought to the attention of the Supreme Court of India, "the absence of domestic
law occupying the field, to formulate effective measures to check the evil of sexual
harassment of working women at all work places."
 In 1997, the Supreme Court passed a landmark judgment in the same Vishaka case laying
down guidelines to be followed by establishments in dealing with complaints about sexual
harassment. "Vishaka Guidelines" were stipulated by the Supreme Court of India, in Vishaka
and others v State of Rajasthan case in 1997, regarding sexual harassment at workplace. The
court stated that these guidelines were to be implemented until legislation is passed to deal
with the issue.
 The court decided that the consideration of "International Conventions and norms are
significant for the purpose of interpretation of the guarantee of gender equality, right to
 work with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the
safeguards against sexual harassment implicit therein."

This case highlights:

 No concrete rules for protection of women from sexual harassment in workplace prior to
this case
 Vishaka case laid down guidelines for prevention of sexual harassment of women at
workplace
 Some major lapses are there and there is scope of improvement

FACTS:

 Bhanwari Devi was a social activist in one of the villages in Rajasthan and worked for
stopping child marriages in the village.
 She endeavoured to stop the marriage of Ramkaran Gujjar’s daughter who was still an
infant. She was not excused for this ‘fault’ and was subjected to social boycott.
 She was gang-raped by Ramkaran Gujjar and his five friends in front of her husband on
September 1992. She was declined treatment at the primary health centre.
 The police also repeatedly taunted her when she approached them to file a complaint. The
trial court discharged the accused for being not guilty. Various women activists and social
organizations voiced their support to Devi and a Public Interest Litigation (PIL) was filed in
the Apex court under the name ‘Vishaka’.

ISSUES:

 Whether or not it is mandatory for enacting guidelines for prevention of sexual harassment
of women at workplace?

JUDGEMENT:

 The apex court observed that each such incident violates the basic rights of ‘Gender
Equality’ and therefore the right of life and personal liberty under article 21 of the Indian
Constitution.
 Also, every profession or trade should provide safe working environment to the employees.
Sexual harassment at workplace hampers the victim’s right to live a dignified life.
 Thus, the court laid down certain guidelines to be followed by the employers and
employees in the workplaces to avoid sexual harassment of women at workplace.
 These guidelines were simply called the ‘Vishaka guidelines’ which were later incorporated
into Sexual Harassment at workplace (Prevention, Prohibition, and Redressal) Act 2013.

LOOPHOLES AND SOLUTIONS FOR THE VISHAKA CASE:

LOOPHOLES:
 Absence of punishment for non-compliance. There is no mention of a fine or trail that a
perpetrator might have to face.
 it fails to hide those ladies operating within the agricultural employees and defence force,
that area unit mostly men – dominated sectors.
 the act seems to be gender biased since it solely protects ladies.
 the act has wide scope for false allegations. There are a unit high possibility of those laws
obtaining put-upon at the hands of girls for his or her personal advantages.
 the availability relating to the fixing of the financial compensation per the economic
potential of the person, makes it discriminatory since the person with high rank and
standing are going to be created to pay quite the person with status, that out of nothing
appears to serve any purpose although being discriminatory in nature.

SOLUTIONS:

 Sexual harassment should be affirmatively discussed at workers' meetings, employer-

employee meetings, etc.
 Guidelines should be prominently displayed to create awareness about the rights of female
employees.
 The employer should assist persons affected in cases of sexual harassment by outsiders.
 Central and state governments must adopt measures, including legislation, to ensure that
private employers also observe the guidelines.
 Names and contact numbers of members of the complaints committee must be prominently
displayed.

In addition to ensuring compliance with the other provisions stipulated, the Sexual
Harassment Act casts certain obligations upon the employer to, inter-alia,

 provide a safe working environment

 display conspicuously at the workplace, the penal consequences of indulging in acts that
may constitute sexual harassment and the composition of the Internal Complaints
Committee
 organise workshops and awareness programmes at regular intervals for sensitizing
employees on the issues and implications of workplace sexual harassment and organizing
orientation programmes for members of the Internal Complaints Committee
 treat sexual harassment as a misconduct under the service rules and initiate action for
misconduct.
 The employer is also required to monitor the timely submission of reports by the ICC.
 If an employer fails to constitute an Internal Complaints Committee or does not comply with
any provisions contained therein, the Sexual Harassment Act prescribes a monetary penalty
of up to INR 50,000 (approx. US$1,000). A repetition of the same offence could result in the
punishment being doubled and / or de-registration of the entity or revocation of any
statutory business licenses
 REASONS FOR NON-REPORTING:

 Family pressure
 Police attitude
 Social stigma
 Prolonged court trial
 Faulty law implementation
 Various corrupt practices
 R
E
F
E
R
E
N
C
E
S
:

1) www.Indiankanoon.com
2) Wikipedia : Violation of women rights