ATROCITIES AGAINST WOMEN AND

CHILDREN
A RESEARCH PAPER SUBMITTED IN THE PARTIAL
FULFILLMENT OF THE COURSE SOCIOLOGY OF DEVELOPMENT
FOR THE REQUIREMENT OF THE DEGREE B.A. (LLB) SESSION
2020 – 2021

SUBMITTED BY

NAME – ABHIJEET KUMAR CHOUDHARY

ROLL NO – 211904

III SEMESTER

SUBMITTED TO

DR. SHAKIL AHMADH

ASSISTANT PROFESSOR OF SOCIOLOGY

OCTOBER, 2020

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR MITHAPUR, PATNA (800001)

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 ACKNOWLEGEMENT

The researcher takes this opportunity to express his profound gratitude and deep regards to
his guide DR. SHAKIL AHMADH for her exemplary guidance, monitoring and constant
encouragement throughout the course of this thesis. The blessings, help and guidance given
by her time to time shall carry the researcher a long way in the journey of life on which the
researcher is about to embark.

The researcher is obliged to staff members of Chanakya National Law University Patna,
for the valuable information provided by them in their respective fields. The researcher is
grateful for their cooperation during the period of his assignment.

Lastly, the researcher would like to thank almighty, his parents, brother, sister and friends for
their constant encouragement without which this assignment would not be possible.

THANK YOU

ABHIJEET KUMAR CHOUDHARY

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 DECLARATION

I hereby declare that the work reported in the B.A. LLB (Hons.) project report entitled ―
ATROCITIES AGAINST WOMEN AND CHILDREN submitted at Chanakya National
Law University Patna, is an authentic record of my work carried under the supervision of
DR. SHAKIL AHMADH. I have not submitted this work elsewhere for any other degree or
diploma. I am fully responsible for the contents of my project report.

ABHIJEET KUMAR CHOUDHARY

CHANAKYA NATIONAL LAW UNIVERSITY PATNA

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 TABLE OF CONTENT

I. INTRODUCTION…………………………………… 5-9
AIMS AND OBJECTIVES……………………………9
HYPOTHESIS…………………………………………9
RESEARCH METHODOLOGY……………………..9
SOURCES OF DATA…………………………………9
LIMITATION…………………………………………9
II. HISTORICAL BACKGROUND…………………….10-13
III. CONTEMPORARY SITUATION…………………...14-19
IV. LAWS RELATED TO WOMEN AND
CHILDREN……………………………………………20-24
V. CONCLUSION AND SUGGESTIONS……………...25 – 27
BIBLIOGRAPHY……………………………………….28

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 I. INTRODUCTION
The problem of crime against women is not new. Women in Indian society have been victims
of ill-treatment, humiliation, torture and exploitation for as long as written records of social
organization and family life are available. These records are replete with incidents of
abduction, rape, murder and torture of women. But, regretfully, female victims of violence
have not been given much attention in the literature on social problems or in the literature on
criminal violence. Nor has any attempt been made to explain why both the public and the
academicians alike have ignored for so long the hard fact that women have continuously been
ruthlessly exploited in our society. The attitude of indifference and negligence can be
attributed to factors like lack of awareness of seriousness of the problem, general acceptance
of man's superiority over woman because of which violent acts against women were not
viewed as violent or deviant. Women themselves tolerated all this in the name of their
religious values and socio-cultural attitudes. As the cases of wife-battering, rapes,
kidnappings and abductions, intra-familial murders, dowry-deaths, eve-teasing and
molestation, etc., have been more frequently reported since the late 1960s and early 1970s,
the issue of violence against women has been transformed from a private issue into a public
problem. Violence against women is a problem around the World. It affects women of all
races, ethnic groups, classes and nationalities. It is a life-threatening problem for individual
woman, and it is a serious problem for societies. In many countries, women fall victim to
traditional practices that violate their human rights. Violence affects the lives of millions of
women worldwide in all socioeconomic and educational classes. It cuts across cultural and
religious barriers, impeding the right of women to participate fully in society. Violence
against women takes a dismaying variety of forms, from domestic abuse to rape, child
marriages and female circumcision. All are violations of the most fundamental human rights.1

Agencies of the United Nations have declared in many documents and forums that violence
against women is an obstacle to the achievement of the objectives of equality, development
and peace. As such, women's vulnerability to violence violates and impairs enjoyment of
their human rights and fundamental freedoms. It has been described by the Secretary-General
of the UN as the most shameful human rights violation and perhaps the most pervasive. In a
statement to the Fourth World Conference on Women in Beijing in September 1995, the
United Nations Secretary General, Boutros Boutros-Ghali, said that violence against women
is a universal problem that must be universally condemned. However, he said that the

1
Ram Ahuja, Violence Against women, 10 (2007)

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problem continues to grow. The Secretary General noted that domestic violence alone is on
the increase. Studies in 10 countries, he said, have found that between 17 percent to 38
percent of women have suffered physical assaults by a partner. In the Platform for Action, the
core document of the Beijing Conference, Governments declared that "violence against
women constitutes a violation of basic human rights and is an obstacle to the achievement of
the objectives of equality, development and peace". Some women fall prey to violence before
they are bom, when expected parents abort their unborn daughters, hoping for sons instead. In
other societies, girls are subjected to such traditional practices as circumcision, which leave
them maimed and traumatized. In others, they are compelled to marry at an early age before
they are physically, mentally or emotionally mature. Women are victims of incest, rape and
domestic violence that often lead to trauma, physical handicap or death. Moreover, rape is
still being used as a weapon of war, a strategy used to subjugate and terrify entire
communities. Soldiers deliberately impregnate women of different ethnic groups and
abandon them v/hen it is too late to get an abortion. The Platform for Action adopted at the
Fourth World Conference on Women declared that rape in armed conflict is a war crime and
could under certain circumstances, be considered genocide.2

Sociologists in the west have started taking interest in social problems like gender equality
and female exploitation ever since they shifted their perspective in order to consolidate their
2
www.un.org/womenwatch

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appreciation of social dynamics. Likewise, criminologists, particularly radical crime
scientists, have started taking interest in problems such as criminal violence against women
ever since they initiated reappraisal of the old assumptions underlying certain crucially
socially problematic behaviour. This shift has had profound consequences in research and
theory building. It has become increasingly difficult, to sustain the notion that criminality,
specifically male criminality is a behavioural quality However, in India, both sociologist and
criminologist have yet to develop sustainable in this crucial problem of deviant behaviour
against women. They have yet to realize their academic as well as social responsibility; in
fact, they have conveniently avoided the evaluation of social and legal norms and the
underline morality of society that criminalizes activities, bom out of the contradiction in
social values and sub-systems. Though it is true that the incidence of violence by men
towards women is not identical in all groups and communities, and that moral and social
beliefs and family arrangements differ from group to group, yet instead of examining these
group differences and analyzing the sub cultural and socio ethical beliefs of these groups, we
should concentrate on violence against women as perceived in general terms. There is no
woman who has not suffered at one time or another, the harassment, humiliation, exploitation
and violence that shadows her sex. A woman's life lies between pleasure at one and danger at
the other end. In daily life, women are routinely defined by sex, and even if not all men are
potential kidnappers, rapist, batterers, molesters and torturers of women, all women are
potential victims. In India, women are way ahead of their counterparts elsewhere in the
matter of social legislation but the implementation of laws granting rights to women has been
so slow, lopsided and haphazard that socially, economically and politically women are kept
far behind men. They are discriminated against at work and are denied their due in every
field. At home, they are often worse off, monopolized by a narrow section of the lower class.3

Violence against children takes many forms. It can be physical, emotional or sexual. It
happens in all countries and any setting – in a child's home, community, school and online. In
some parts of the world, violent discipline is socially accepted and common. And for
many girls and boys, violence comes at the hands of the people they trust – their parents or
caregivers, teachers, peers and neighbours.

3
Indian Socio-Legal Journal, vol. XXXVI, Nos. 1 and 2, 59 (2000).

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But the most devastating types of violence are often hidden from public view. Perpetrators go
to great lengths to conceal their acts, leaving children – especially those who lack the
capacity to report or even understand their experience – vulnerable to further exposure.

Violence affects all children. But children living with disabilities or HIV and AIDS, those
suffering extreme poverty, girls and boys in institutional care, and children separated from
their families or on the move – as migrants, refugees or asylum seekers – face the greatest
risk. Sexual orientation, gender identity and belonging to a marginalized social or ethnic
group also heightens a child’s chance of suffering violence.
No matter what form of violence a child is exposed to, her experience may lead to serious
and lifelong consequences. Violence can result in physical injury, sexually transmitted
infections, anxiety, depression, suicidal thoughts, unplanned pregnancy and even death.
Evidence also suggests that toxic stress associated with violence in early childhood can
permanently impair brain development and damage other parts of the nervous system.

Long-term behavioural impacts on children include aggressive and anti-social behaviour,

substance abuse, risky sexual behaviour and criminal behaviour.

Despite these grave physical and mental health consequences, the vast majority of child
victims never seek or receive help to recover. What’s more, children who grow up with
violence are more likely to re-enact it as young adults and caregivers themselves, creating a
new generation of victims.

Violence against children significantly undermines the social and economic development of
communities and nations. The global economic costs resulting from physical, psychological
and sexual violence against children are estimated to be as high as $7 trillion – roughly 8 per
cent of global GDP annually.4

Increased public expenditure on child welfare, special education, and medical and
psychological services for victims account for some of these costs. Victims coping with the
psychosocial and physical effects of violence also face barriers participating in public life and
fulfilling their potential. Violence, particularly in schools, undermines children’s ability to
learn, with consequences for their education and employment prospects that can pass through
generations.

4
https://www.unicef.org/protection/violence-against-children

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AIMS AND OBJECTIVES – By this project the researcher would like to study and
understand the concept of atrocities against women and children. The researcher also aims to
understand what are the causes and problems of women and children.

HYPOTHESIS – THE RESEARCHER PRESUMES THE FOLLOWING HYPOTHESIS –

Position of women and children in society is very bad.
There are many atrocities against women and children.
No equal status to women and children are given in the society.

RESEARCH METHODOLOGY - For this project the researcher will rely upon doctrinal
and non doctrinal method of research.

SOURCES OF DATA – The researcher will rely upon the primary and secondary sources
like books, newspaper, websites etc.

LIMITATIONS – The researcher has certain limitations such as time as it has to be done
during the period of semester.

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 II. HISTORICAL BACKGROUND
SATI PRATHA =

Sati or Suttee or Su-thi literally means a good woman, a good wife, or a virtuous woman. The
status of widows in many societies has been deplorable and Indian society was among those
many societies where a status of a widow was precarious because the death of the husband had
a direct impact on her economic well-being.History has witnessed the burning or burying of
widows with their deceased husbands in various places of the world including India. However,
the Sati system which was prevalent in India was highly debated time and again as this
tradition displayed two contradictory pictures of a woman’s position under the Hindu
tradition.

On one hand, Sati was portrayed as a cultural opportunity given to a woman to pursue the
highest cultural and religious accomplishment within the society. While on the other hand this
tradition portrayed cultural barbarism and oppression of women. In India the tradition was
highly prevalent among the Brahmins of Bengal, the Rajputs of Rajasthan and the Deorala in
the Sikar district5.

Sati system in India is said to have its traces back in the 4th century BC. However, the
evidence of the practice is traced between the 5th and 9th centuries AD when widows of the
Kings performed this sacrifice.

Jauhar was among one of the most prevalent practices in Rajasthan and Madhya Pradesh. This
practice has often been referred to as collective suicide by the historians. Jauhar was the
collective suicide of the widows who preferred to die rather than being captured alive and
dishonored by Muslim soldiers who were victorious in war.

However, this system was witnessed only during the Hindu-Muslim wars. The traces of Sati
system in Sikhs can be traced from the time when the wives and concubines of the founder of
Sikh empire Ranjit Singh committed Sati when Ranjit Singh died in 1839.

5
https://medium.com/@marketing_13585/history-behind-the-origin-and-abolition-of-sati-system-in-india-
dc969dee7591

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During the British rule in India, the practice of Sati was tolerated earlier. It is recorded that the
colonial government officials attended Sati proceedings which as a result depicted that Sati
had been officially sanctioned. Not only was it interpreted that the Sati system was approved
by the then British government but it gained prestige as the officials attended the proceedings.

CHILD MARRIAGE =

Child marriage in India has been practiced for centuries, with children married off before
their physical and mental maturity. The problem of child marriage in India remains rooted in
a complex matrix of religious traditions, social practices, economic factors and deeply rooted
prejudices. Regardless of its roots, child marriage constitutes a gross violation of human
rights, leaving physical, psychological and emotional scars for life. Sexual activity starts soon
after marriage, and pregnancy and childbirth at an early age can lead to maternal as well as
infant mortality. Moreover, women who marry younger are more likely to experience
domestic violence within the home.6

The study used both secondary sources and primary data in order to establish attitudes and
beliefs regarding child marriage with in communities, as well as attitudes and practices of key
institutional actors such as police, government departments, community workers and
Panchayat members.

6
https://www.google.com/search?q=sati+pratha+essay+in+english&client=opera&hs

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Field visits and discussions revealed a multitude of factors that help sustain and even endorse
the custom of child marriage, despite legal barriers.

First,social groups follow traditions from previous eras without questioning contemporary
relevance. Early marriage allows parents to waiver ‘responsibility’ of settling their children.

Secondly, economically weak and large families encourage the practice as it helps send off
girl children early, while marriage of a boy brings an additional hand to assist in household
and economic activities.

Third, members of communities practicing child marriage tend to have little to no formal
education. Belief in religious scriptures and the idea that these contain prescription for early
marriage drive families to fulfill this “obligation.” Fourth, early marriage ensures full
“utilization” of fertility and childbearing capacity. Last but not least, strong caste ties limit
the availability of suitable marital partners. As soon as parents identify a match, they make
haste in conducting the marriage7.

CHILD LABOUR =

Child labour is a term you might have heard about in news or movies. It refers to a crime where
children are forced to work from a very early age. It is like expecting kids to perform
responsibilities like working and fending for themselves. There are certain policies which have
put restrictions and limitations on children working.

7
https://www.britannica.com/event/Violence-Against-Women-Act

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The average age for a child to be appropriate to work is considered fifteen years and more.
Children falling below this age limit won’t be allowed to indulge in any type of work forcefully.
Why is that so? Because child labour takes away the kids opportunity of having a normal
childhood, a proper education, and physical and mental well-being. In some countries, it is
illegal but still, it’s a far way from being completely eradicated.

Child Labour happens due to a number of reasons. While some of the reasons may be common
in some countries, there are some reasons which are specific in particular areas and regions.
When we look at what is causing child labour, we will be able to fight it better. Firstly, it
happens in countries that have a lot of poverty and unemployment. When the families won’t
have enough earning, they put the children of the family to work so they can have enough
money to survive. Similarly, if the adults of the family are unemployed, the younger ones have
to work in their place.

Moreover, when people do not have access to the education they will ultimately put their
children to work. The uneducated only care about a short term result which is why they put
children to work so they can survive their present. Furthermore, the money-saving attitude of
various industries is a major cause of child labour. They hire children because they pay them
lesser for the same work as an adult. As children work more than adults and also at fewer wages,
they prefer children. They can easily influence and manipulate them. They only see their profit
and this is why they engage children in factories.8

8
https://www.jatinverma.org/child-labour-an-indian-perspective

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 III. CONTEMPORARY SITUATION

WOMEM -

Women, in India, are comparatively in a more respectable position. Some of the problems,
which had been haunting the community of women for centuries, are not found now.
Problems such as child marriage, practice of 'Sati', prohibition of widow remarriage,
exploitation of widows, 'Devadasi' system, 'Purdah' system and so on have almost
disappeared. Development in the field of science and technology, universalisation of
education, socio-political movements, modernisation and similar developments have changed
the approach of people towards women to a certain extent. These developments have boosted
the morale and self-confidence of women. As a result, Indian women 94 now feel that they
too have their individuality, self-respect, talent, capacity and efficiency. Many of those
women, who could grab the opportunities extended to them, have proved that they are
capable of discharging the responsibilities assigned to them. The nation, which neglected
almost 50 per cent of its population for several centuries, has now understood the necessity of
giving equal rights and opportunities to its women-folk. The Constitution of India provides
equal rights and opportunities to women. It does not make any discrimination on the grounds
of sex. Indian women are also responding positively to this changed socio-political situation.
This does not mean that women are completely free from problems. On the contrary, the
changing situation is creating new problems for them. They are now beset with new stresses
and strains9.

Problems of Modern Women

1. Increasing Crimes Against Women Crimes against women appear to be a pever-ending

problem. This problem has been growing more and more acute in India during the recent
years. Crimes against women include 95 violence against women, rape, molestation, dowry
harassment, wife-battering, kidnapping female children to sell to brothels, deliberate
embarrassment, forcible religious conversion, cheating young women with a promise to
marry them or fetch them a job and various types of sexual harassment at their work place
and abuse of women including eve-teasing.haunting the modern women may briefly be
analysed here.

9
School Education: Policy Concerns and Priorities. (D. Kachhal, Ed.) Yojana, 60, pp.7-10.

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2. Decline in the Female Population Normally, in the population of any country male-female
ratio remains more or less the same, which is half-and-half. In India the Census Report
reveals that female population has been steadily declining ever since 1901. It is for this
reason Meera Desai and Vibhuti Patel raised the point whether the women-folk in India
represent a 'declining sex'. (It was only during 1971-81, the female population increased from
930 to 933 for every 1000 males). Even the 1991 Census Report shows that the female
population has decreased to 929 per every 1000 males. Added to this, the number of women
dying before they attain the age of 40, is also higher than that of males. The imbalance in the
sex ratio will have its own social consequences10.

3. Female Children Becoming Victims of Discrimination In the Indian social context even
today, male children are preferred to female children. Hence, female children are subject to
discriminatory treatment. Male preference and female negligence has almost become a
working policy especially in the rural areas. Discrimination between male and female
children is made in the matters relating to food, dress, health, education, domestic work. The
attitude of male preference and female 98 negligence has led to what is known as 'Female
disadvantages'. In India, mothers show preference to male children. They give them more
importance because they feel males are wanted during their old age to offer protection. Also,
there is a typical belief among the Hindus that without the son, the parents cannot enter the
heaven. That is why the son is often called 'The light of the family'. Males have greater scope
than women and occupational avenues are also wider for males than for females. This male
preference has led to the abuse of advanced technology. The sophisticated scanning and
supersonographic equipment is being misused to find out the sex of the child; that is to go in
for abortion if it is a female child.

10
Kar, D. (2016, November 24). Being inclusive in an intolerant world. Kolkata, West bengal, India: Ananda
Bazar Prokashani.

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CHILDREN -

Childhood is the most precious part of human life. The happiness and fulfillment that we
achieve and enjoy in later part of life, largely depends on the productive childhood.
Childhood demands extra care as the children by reason of their physical and mental
dependency on adults, need protection. The protection can be truly ensured only by adhering
to the basic human rights provisions that are universally accepted as requirements for
achieving and ensuring life with human dignity and scope for utilizing the individual
potentials. The human civilization has progress especially in the twenty first century in terms
of technological progress. We strive to create a better world where none should be left out
from enjoying the fruits of development. Yet it is a fact that in many parts of the world, the
States have either failed or did not performed its obligation to protect the childhood. India is
such a nation which still has a long way to go in its battle to ensure safe and secured
childhood as enshrined in the United Nations Convention on the Rights of the Child (1989)
This paper deals with the issues which exist in India and can be said to be detrimental to a
safe environment where children can enjoy basic human rights which are essential for their
survival, development, protection and meaningful participation in the society. It also tries to
explore the rationale behind the failure of innumerable social legislations to protect children
from social evils. The role of social institutions is also looked into as these are considered
most pivotal so far primary care giving is concerned.11

Issues affecting Childhood

1.Poverty in childhood - Poverty is considered as bane in childhood. Poverty whether, it is

absolute or relative, destroys the different aspects of childhood. If a child faces poverty in the
formative years of life, he/she is deprived of developing capabilities which would be helpful
in utilizing the potentialities in later stage of life. Children are dependent of adults and
immediate community regarding care and protection. An impoverished family is not expected
to fulfill the needs of a child and therefore the human rights are either ignored or trampled.
Absence of goods and basic services which the children need jeopardize the growth,
development and poses a threat to the survival. Poverty in the childhood often ensures
poverty in the adulthood. It also gives birth to circumstances where the issues of deprivation
breed. Severe deprivation also gives birth to gender discrimination. Thousands of children in
India face the problem of malnutrition, sanitation, safe drinking water, shelter, quality
11
Raha, S. (2016). ' Replicating a failed Western model'. pp.19-21. (V. A. Sayeed, Interviewer) Chennai:
Frontline, kasturi & Sons Ltd.

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education and information because of poverty. All over the world, India is presented as
growing economy but recently published Global Hunger Index (2016) (Chakrapani, 2016)
ranks India 97th out of 118 countries. This shows the failure of administration to counter the
problem of poverty and hunger. It is really unfortunate that poorer countries in Asia have
fared well in comparison to India.

2.Child Trafficking – The slavery has returned to the modern society in the form of
trafficking. Children are the worst victim of this social evil. This is generally because of their
inability to protect themselves and dependency of the adults. It is most unfortunate fact that
the stakeholders e.g., family members, relatives, community, teachers, security personnel,
elected representatives, personnel from noble professions like law and medicine, government
machinery have collective failed to protect and ensure a secured place for children in Indian
society. Child trafficking is considered as one of the worst form of human exploitation and
often leads to exploitative labour, prostitution or involuntary involvement in the sex trade
(Aston, 2016). In India, large numbers of children are trafficked for forced labour, begging in
the big cities. Sexual services, child pornography etc. There is always demand and no child
irrespective of their age is safe from the predators operating in the field of trafficking. Recent
raid conducted by the Criminal Investigation Department, West Bengal which claimed to
have exposed a baby trafficking racket highlights the plight of children (Mitra and Bedi,
2016). In India, adoption market has flourished unprecedently in the last few years. The
government of India has also installed Central Adoption Resource Authority (CARA) as the
apex authority in the country and in order to support CARA, State Adoption Resorce Agency
(SARA) has come up in every states. Yet there are parents who would take illigal rote of
obtaining a baby. The corrupt elements are present in every sphere of our public life. Social
Workers, doctors, law clerks in the courts, management of nursing homes –all are involved in
this illicit trade which involves huge money. The recent baby trafficking case which has been
highlighted in the print and eletronic media only points towards the collective failure of the
machinery which is supposed to protect the children in India.12

3. Child Labour - Child labour is a social problem that affecting the enjoyment of childhood
since time immemorial . It is psotively correlated with the prevailing poverty, problems
arsing out of caste equation in the rural areas, size of family, low wage rate, illiteracy,
ignorance, drop out from school, lack of oportunities to skill development etc. Engagement in
the work generally deprives the chidlren from enjoying the childhood. But unfortunately
12
Chakrapani, R. (2016, November). Pervasive penury. (R. Sankar, Ed.) pp. 24-25.

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thousands of Indian children are involved in different fields as child labourers. This in turn
jeopardise the healthy development because most of them face physical, sexual and other
formsof abuse at their work place. The fate is almost same in the developing or thrid world
countries (P.Srivatsa, 2016). The Child Labour (Prohibition and Regulation) Act, 1986 does
not completely ban the engaement of child labour rather it regualtes the employment of the
children in certain specified occupations and processes which are hazardous in nature. This
Act has been recetly amended in 2016 which incorporates certain provisions which has
introduced the concept of adolescent . The recent amendments also allows the children to
work in the family enterprises without being termed as child labour. Even the child artists
who are woking in audio- visual entertainment industry have been left outside the purview of
the Act.13

4. Children in conflict with law - In India, We have Juvenile Justice (Care and Protection of
Children) Act, 2015 to deal with the children found to be in conflict with law and in need of
care and protection. This particular Act has been amended few times to address the gaps in its
implementation. This recent Act allows juveniles to be tried as adults for heinous crimes. The
juveniles in the age group of 16 to 18 years committing heinous crimes will not have the
protection of the Act. The need of this special provision was felt specially after the popular
uproar against the release of the juvenile who was convicted in the case of 23 year old
“Nirbhaya” who was brutally gang raped and murdered in 2012. This ghastly incident was
followed by a hysterical campaign launched in the different parts of the country
(V.Venkatesan and T.K. Rajalakshmi 2016). While enacting new legislation the opinion
forwarded by the supreme court in the salil bali vs.Union of India (2013) and Dr.
Subramanian Swamy Vs. Raju (2014) has been set aside. In both the cases The Supreme
Court of India stated that all children in conflict with law to be dealt under the juvenile justice
system irrespective of the nature of offences committed by them. Unfortunately the new
legislation has retracted from the welfare oriented policies by taking a regressive step of
embracing retributive justice instead of forwarding restorative justice.

5.Issues of Exclusion in the Educational System - A siituation where relative exclusion so far
quality and skill development are concerened ,is being deliberately created to protect the
world of elite and prevent upward social mobility of the disadvanteged sections of Indian
society.In government aided schools which admit children from all sections of society often
lack basic infrastutral facilities. A teacher very often needs to tackle more that fifty students
13
T.K.Rajalakshmi, & V. Venkatesan (2016, January 09- 22). Of Juveniles and Justice. Frontline, pp.04-10.

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in the classroom. It is next to impossible for such a teacher to ensure that every student learns
efficiently (Kar, 2016). Hence the quality is compromised which eventually put the children
in a disadvantageous position. It is also found that there is a presumption that needs of the
students are uniform in nature. But because of the diverse socio, economic backgrounds and
psychological issues, the children need differential care. For example, children suffering from
any sort of disabiolity fails to maintain pace with the rest of his fellow students in the
classroom. This ultimately creates a barrier in the development process. These issues are
seldom reflected in the mainstream policies in the contemporary Indian society. This shows
the return of exclusion in a different form.

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 IV. LAWS RELATED TO WOMEN AND CHILDREN

Crimes against women occur every minute in India. Women are not safe, whether it is in their
houses, public places or at the workplace. Your safety in your hands sounds like a clichéd
adage to repeat. Given the number of crimes that are committed against women, it is pertinent
that women are aware about the laws that are in place to protect them. Remember knowledge
is power. As a parent, wife, daughter, employee and a woman these are rights set in place to
protect you and it is important that you are aware about these.

1. The Prohibition of Child Marriage Act, 2006 According to the International Research
Centre for Women, almost 47 percent of girls are married before the age of 18.
Currently, India ranks 13 in the world when it comes to child marriages. Since child
marriage has been steeped into the Indian culture and tradition since centuries, it has
been tough eliminating it. The Prohibition of Child Marriage Act was made effective
in 2007. This act defines child marriage as a marriage where the groom or the bride
are underage, that is, the bride is under 18 years of age or the boy is younger than 21
years. Parents trying to marry underage girls are subject to action under this law.
Since the law makes these marriages illegal, it acts as a major deterrent14.
2. Special Marriage Act, 1954 The objectives of this act is to provide – a special form of
marriage in certain cases, provide for registration of certain marriages and, to provide
for divorce. In a country like India and with the diverse religions and cast, when
people from different faiths and caste chose to get married they do it under the Special
Marriage Act.
3. Dowry Prohibition Act, 1961 According to this act, taking or giving of dowry at the
time of the marriage to the bride or the bridegroom and their family is to be penalised.
Dowry system, giving and taking of dowry, is a norm in India. Dowry is often asked
of the bride and her family by the groom and his family. The system has taken strong
roots because women after marriage move in with their spouse and in-laws. Also,
over the centuries, the lack for economic independence of women and the taboo
towards divorce has resulted in bride burning. When demands for dowry even after
marriage are not met by the girl’s families, many women are tortured, beaten and even
burnt. It is one of the major challenges that our society is grappling with. Women

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 openly complaining about it has helped to spread the word and encourage other
women to take a stand.
4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 To ensure women’s safety at workplace, this Act seeks to protect them
from sexual harassment at their place of work. Thirty-six percent of Indian companies
and 25 percent among MNC’s are not complaint with the Sexual Harassment Act
according to a FICCI-EY November 2015 report. Sexual harassment at workplace
also includes – the use of language with sexual overtones, invasion of private space
with a male colleague hovering too close for comfort, subtle touches and innuendoes.
5. National Commission for Women Act, 1990 The National Commission for
Women (NCW) is a statutory body of the Government of India, established in January
1992. Lalitha Kumaramangalam was appointed its Chairperson in 2014. The NCW
represents the rights of women in India and provides a voice for their issues and
concerns. The National Commission for Women Act aims to improve the status of
women and worked for their economic empowerment.

LAWS RELATED TO CHILDREN UNDER IPC AND CrPC

The development index of a country depends on the quality of the Human Resource. Children
are the future of this country and thus, there arises a greater responsibility on part of the state
to ensure a proper development of children of this country. According to United Nations
Convention on Rights of the Child (UNCRC), “a child means every human being below the
age of 18 years unless, under the law applicable to the child, majority is attained earlier.”This
gives the various countries freedom to fix the age limit in determining that who is a child. In
India after passing The Juvenile Justice (Care and Protection of Children) Act 2000 15, any
person below the age of 18 is considered as a child as the mental state of adults and children
are different; therefore there is a need to treat them separately under the different purview of
law. And so there are different provisions in our legal system to ensure that children do not
suffer any ailment due to prevalence of similar legal system. According to the section 82 of
Indian Penal Code (IPC), nothing is an offence which is done by a child under seven years of
age. Also according to the section 83 of Indian Penal Code (IPC), nothing is an offence which

15
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is done by a child above seven years of age and under twelve, who has not attained sufficient
maturity of understanding to judge of the nature and consequences of his conduct on that
occasion. To ensure that people come forward to help children in danger, section 89 of IPC
asserts that nothing which is done in good faith for the benefit of a person under twelve years
of age, or of unsound mind, by or by consent, either express or implied, of the guardian or
other person having lawful charge of that person, is an offense by reason of any harm which
it may cause, or be intended by the doer to cause or be known by the doer to be likely to
cause to that person. To ensure that children are not left at the peril of their parents i.e. they
are not abandoned section 317 of IPC, whoever being the father or mother of a child under
the age of twelve years, having the care of such child, shall expose or leave such child in any
place with the intention of wholly abandoning such child, shall be punished with
imprisonment of either description for a term which may extend to seven years; or with fine,
or with both. According to section 361of IPC, whoever takes or entices any minor under
sixteen years of age if a male, or under eighteen years of age if a female, or any person of
unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound
mind, without the consent of such guardian, is said to kidnap such minor or person from
lawful guardianship. Section 363 of IPC provides the punishment of this offense i.e. whoever
kidnaps any person from India or from lawful guardianship, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also
be liable to fine. This ensures the safety of the children. Section 369 whoever kidnaps or
abducts any child under the age of ten years with the intention of taking dishonestly any
movable property from the person of such child, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.
To ensure that children are not kidnapped for the purpose for begging section 363A of IPC
asserts that kidnapping or maiming a minor for purposes of begging is a criminal offense
under IPC16

.(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the
custody of the minor, in order that such minor may be employed or used for the purpose of
begging shall be punishable with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

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(2) Whoever maims any minor in order that such minor may be employed or used for the
purposes of begging shall be punishable with imprisonment for life, and shall also be liable to
fine.

(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor
for the purposes of begging, it shall be presumed, unless the contrary is proved, that he
kidnapped or otherwise obtained the custody of that minor in order that the minor might be
employed or used for the purposes of begging17.

To protect the girl child from sexual offenses section 366 A. of IPC asserts that whoever, by
any means whatsoever, induces any minor girl under the age of eighteen years to go from any
place or to do any act with intent that such girl may be, or knowing that it is likely that she
will be, forced or seduced to illicit intercourse with another person shall be punishable with
imprisonment which may extend to ten years, and shall also be liable to fine. Section 372 of
IPC asserts that whoever sells, lets to hire, or otherwise disposes of any [person under the age
of eighteen years with intent that such person shall at any age be employed or used for the
purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, or knowing it to be likely that such person will at any age be] employed or used for
any such purpose, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall be liable to fine. Section 373 of the above legislation states
that whoever buys, hires or otherwise obtains possession of any person under the age of
eighteen years with intent that such person shall at any age be employed or used for the
purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, of knowing it to be likely that such person will at any age be] employed or used for
any purpose, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine. To ensure that trial of the juvenile
delinquents is carried out in an amicable manner, Section 27 of The Code of Criminal
Procedure (CrPC) asserts the jurisdiction in case of juveniles.

It states that any offense not punishable with death or imprisonment for life, committed by
any person who at the date when he appears or is brought before the court is under the age of
sixteen years, may be tried by the court of' a Chief- Judicial Magistrate, or by any court
specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time
being in force providing for the treatment, training and rehabilitation of youthful offenders.

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The Indian Constitution also has special provisions for the children of state. Article 21(a) of
the constitution states that all children between the ages of six to fourteen should be provided
with free and compulsory education. Article 45 of the same bare act states that the state
should provide early childhood care and education to all children below the age of six. Thus
we see that the Indian Legal System has indeed made separate provisions in the best interest
of its young citizens18.

18
https://www.dictionary.com/browse/juvenile

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 V. CONCLUSION AND SUGGESTIONS

The research study is interdisciplinary in nature which covers various aspects of human
development in general and women’s empowerment in special. These are human
development approach, importance of education in women’s development, the process of
empowerment in Iranian women of Hamadan province and the role of NGOs in educating
and empowering women. The study is based on the primary data collected from Hamadan
province where NGOs are working for women’s development. This chapter reiterates the
salient features of the research work and present noteworthy contribution with a view to
arriving at some suggestions for research and policy decisions. Despite of high growth in
national income, low human development is reported by Middle East and South Asian
countries. The main cause is that these countries are far behind in women related
development indicators. Like other developing countries, Iran is also facing same problem in
the process of development. Even having good position in economic matters, Iran lags behind
in social variables of human development. Patriarchal social system, old traditional customs
and values, low status of women, low 202 literacy among women, low work participation of
women in labor force, low earning of women and slow pace of modernization are the
characteristics of most Asian countries, and Iran is not an exception to it. These social ills are
responsible factors in slowing down the pace of human development. As stated in various
Human Development Reports, those countries that have a higher rank in overall performance
of human development indicators also have higher rank in women related indicators of
development. First five countries have almost same rank in economic development index and
gender-related development index.

Suggestions -

1. Since socio-economic weak condition of family is reported, we should initiate educational

programmes for girl children from those households, by involving them in these programmes
it can be able to reduce children in labor and early marriage.

2. We should increase the number of government girl’s schools for the easy accessibility of
basic education to girls.

3. NGOs are not giving financial encouragement to girls. To minimize the drop-outs among
girls, the government scholarships and other educational schemes must be launched and
implemented effectively through.

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4. Mere school education to women can not guarantee empowerment. The economic
empowerment of women is crucial. Therefore, women must be facilitated to gain higher
education, especially technical education, to obtain economic benefits from modern
occupations.

5. Sensitization of mass media along with families is necessary to create awareness about the
importance of women education and empowerment among parents.

6. It is found that most of the women are assisting in household business of handicraft. Skill
improvement programs, information of new techniques of production and marketing should
be provided to women of Hamadan province.

7. By bringing change in the attitude of men-folk; women’s economic participation can be

increased. In order to change the mindset of men, the awareness progrsmmes like adult
education, mass media education and higher remunerative jobs to women should be given
importance.

8. There is a lot to learn from Indian experiences of women development and NGO work. To
build-up organizational capacity among women, we should encourage formation of
groups/professional organizations like SHGs, credit societies, employee’s associations, etc.

9. Most of the women are wishing to keep continuing their education further. Those who said
no have given various valid hurdles to it. These hurdles can be removed by initiatives taken
of government and NGOs. Role of NGOs in encouraging, sensitizing and providing help to
them becomes important to women’s education.

Children are considered a boon to society. However many lead a helpless and defenseless life
in poverty. Their life is threatened by poverty, disease and malnutrition. They must to be
treated as important national assets. Future prosperity of the nation depends upon the growth
and development ofthe children. But the rate of child labour is higher in India when
compared to other developing countries in the world. Main cause of child labour is poverty.
Even though children are paid less than adults, whatever income they earn is of great benefit
to poor families. Children are mostly employed in the un-organized sector like match works,
beedi factories, brick industry and construction work etc. Various acts and institutions,
including the Constitution of India besides intellectuals consider ‘those who are aged between
6 to 14 as children’. Labour at such a tender age is detrimental to health and growth ofthe
children. Engaged in economic activities at tender ages they are deprived of childhood

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pleasures and education. Child labourers can be classified as self-employed, wage earners,
apprentices and bonded labour. Poverty is the main cause of child labour in a majority of the
cases. Children are forced by their poor parents to go for work and they are preferred by
employers as they are cheaper than adult labour. 87 The problems or side-effects of the child
labour are horrible. Some unfortunate children may fall into the clutches of the anti-social
elements and become either street children or criminals.

Suggestions –

Various problems discussed in detail, in earlier chapters and concluded above are genuine in
nature and difficult to resolve. Some ofthem are independent; some are inter-dependent. As a
result, the measures that have to be thought of must take these dimensions ofthe problems
into consideration. Moreover, it must be conceded that building construction workers are
scattered in small groups in heterogeneous categories. They are educationally less equipped.
Majority of the children do not know about the minimum wage act. Hence, their participation
in solving problems is likely to be minimum. In the case of contractors and masons they have
their own associations and through this association they fight against the owners. But the
capacity ofthe child labourers is limited. Child labour is a symptom of existence of large and
deep gaps in overall economic and social development of a country Millions of children at
their tender age are forced to become bread winners oftheir families.

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 BIBLIOGRAPHY

Books

• Encyclopedia of Social Sciences, MacMillan, Vol.III-IV, 1980, pp. 413-425.

• Giri, V.V., Labour problems in Indian Industry, Asia Publishing House, Bombay, 1972.

• Gupta, M. and Voll, K. Young Hands at Work: child labour in India, Atma Ram
Publications, New Delhi, 1987.

• Jain, S.N., Child and Law, Supra Publication, New Delhi, 1979.

• Khulshreshtha, J.C., Child Labour in India, Ashish Publishing House, New Delhi, 1978.

• MahaveerJain, Child Labour in India, National Labour Institute, Noida, 1994.

Articles

• Aishath Sahara, M. “Child Labour - Adults at the Age of Five”, Social Welfare, Vol.42,
No.11,1996, p.3.

• Alaka Madhok, “Child Labour - Some Issues and Suggestions”, Social Welfare, Vol.40,
No.5,1996, p.27.

• Archana Saxena, “Eliminating Child Labour - Needs a Collective Approach”, Social

Welfare, Vol. 45, No. 8, pp.7-10.

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