In camera Proceeding: (Section 327) of Cr.PC.
‘In-camera’ proceeding is a proceeding carried out in
private, in the absence of the public and the press. In
camera proceedings are generally held in private,
when the court proceedings are held in the private
chamber of a judge. Essentially the proceedings are
conducted through video conferencing to safeguard
the privacy and protection of the accused.
Personal Law: To avoid Unequal position of Women
Hindu Marriage Act 1955:
Introduced ‘Monogamy’ system of marriage, a rule for
both men & women. It has put women on equal
footing with men (marriage to be held with consent).
It has enumerated various grounds for divorce.
Women can dissolve her marriage and freely enter into
another marriage according to law.
Hindu Succession Act, 1956:
This Act gave property rights to women (Mother, wife
and daughter were made Class-I heirs)
Hindu Adoption & Maintenance Act – It introduced
uniformity in the law of adoption amongst Hindus.
Muslims Personal Law:
Muslim marriage is a contract, for which consent of
the bride and bridegroom is the basis of the contract.
(No Consent no valid marriage). Minor’s marriage can
be repudiated ‘Option of puberty’.
Constitutional Provisions for Women and Children
Constitutional Provision for Children:
Article 14: Equality before the law or the equal
protection of the law within the territory of India.
Article 15: No discrimination against any citizen on
grounds of religion, race, caste, sex, place of birth etc.
Article 15(3)- Nothing in this article shall prevent State
to make Special Provision for women and children
Article 21: Protection of Life and Personal Liberty
Article 21A – Free & Compulsory education (Age 6- 14)
Article 24 – Prohibition of employment in Factories
below the age of 14 years
Article 39(e) – Children are not abused and forced to
work due to economic necessity in unsuited vocation.
Article 39(f) – Children are given opportunity and
facilities to develop in a healthy manner and condition.
Article 45 – State shall endeavour to provide early
childhood care and education until the age of ‘6’ years.
Constitutional Provision for Women:
Article 14: Equality before the law or the equal
protection of the law within the territory of India.
Article 15: No discrimination against any citizen on
grounds of religion, race, caste, sex, place of birth etc.
Article 15(3)- Nothing in this article shall prevent State
to make Special Provision for women and children
Article 16(1) – Equality of Opportunity in matter of
Public Employment to any office under the State.
Article 16(3) – Nothing in this article shall prevent
Parliament from making any law in in regard to a class
or classes of employment.
Article 23: Prohibition of traffic in human beings and
forced labour
Article 38 – State to ensure a social order for the
promotion of welfare of the people.
Article 39(d) – that there is equal pay for equal work
Article 42 – Provision for Just and humane conditions
of work and maternity relief.
Article 243(T) – Reservation of 1/3rd Seats to the
Scheduled Caste or Scheduled Tribes.
The Family Court Act 1984
Discuss in detail about the establishment,
jurisdiction, powers and functions of the family court
The Family Court Act, 1984, was enacted for the
establishment of Family Courts with an aim to
promote conciliation and speedy settlement of
disagreement relating to marriage and family affairs
and for related matters.
Jurisdiction: The Family court has Jurisdiction in both
Civil and Criminal matters.
Movement towards Uniform Civil Code (UCC)
Explain need for Uniform Civil Code
Explain the provisions relating to Uniform Civil Code
The Uniform Civil Code (UCC) calls for the formulation
of one law for India, which would be applicable to all
religious communities in matters such as marriage,
divorce, inheritance, adoption. (Definition under Act)
“The State shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India.”
Objective of Uniform Civil Code: (Article 44)
To provide protection to vulnerable sections including
women and religious minorities, while also promoting
nationalistic integration and unity.
Need for UCC:
 It will Integrate India
 Will Help in Reducing Vote Bank Politics
 Personal Laws Are a Loophole
 Sign of a modern progressive nation
 It will Give More Rights to Women
 All Indians Should be Treated the Same
 It Promotes Real Secularism
 Change has been the law of nature
Uniform Civil Code resonates with one country one
rule, to be applied to all religious communities. It
corresponds with Directive Principles of State Policy:
The Maternity Benefit Act 1961
What is Maternity Benefit.
“Maternity benefit” means the payment of maternity
benefit at the rate of the average daily wage for the
period of her actual absence immediately preceding
and including the day of her delivery and for the six
weeks immediately following that day.
Discuss fully the provisions of Maternity Benefit Act
Provisions of Maternity Benefits are: (On giving Proof)
Notice of Pregnancy – Notice can be given at the time
of delivery, once notice is given with proof, the woman
will be entitled for ‘06’ Weeks leave for delivery.
Payment of benefits – The amt. payable preceding the
date of delivery should be paid in Advance and for
subsequent period – the amt. should be paid within 48
hours after the woman provides the proof of delivery.
On Death of the woman – The Maternity benefit in
such case would be given to the person nominated by
the woman or the legal representative.
Leave for Miscarriage – On production of proof, the
woman is entitled for leave for a period of (06) Weeks
immediately following the day of Mis-carriage.
Leave for Illness due to Pregnancy – The woman is
entitled for Maximum leave of one month.
Nursing Break – Every Woman after delivery of child is
entitled for daily two break of the prescribed duration
for nursing the child till be attains 15 years of age.
Cannot be dismissed - The Employer cannot dismiss a
Woman during her absentee due to Pregnancy.
Appeal - If benefits are deprived to woman she can go
in Appeal within 60 days of order to Higher Authority
Hindu Personal Law
Discuss the Rights of Coparcener Under Hindu Law
A coparcenary is a smaller unit of the Hindu family that
jointly owns property. Rights: Each coparcener is
entitled to joint possession and enjoyment of the
family property and if he is prevented by other
coparcener from doing so, he is entitled to an
injunction restraining that other coparcener from
disturbing his possession and enjoyment
Discuss the constitutional Validity of restitution of
Conjugal Rights with the help of leading Case
Conjugal right is a matrimonial right which husband &
wife have to each other’s society, comfort & affection.
The expression restitution of conjugal rights therefore
means restoration of marital rights of a party.
Under sub section (1) of Sec.9, the husband or the wife
may get a decree for the restitution of Conjugal rights,
where the wife or the husband as the case may be,
 Has withdrawn from the society of the other.
 Without reasonable excuse
Short notes on CEDAW?
CEDAW is the UN. Convention of the Elimination of all
forms of discrimination against women, 1979. The
state parties shall take the following measures to
prevent discrimination against women on ground of
marriage or maternity and to ensure effective right to
work under this convention.
Purpose of CEDAW: It mandates all nations to bring
equality in public and private sphere by eliminating
discrimination against women. For instances, gender
stereotypes, traditional gender roles.
The Convention guarantees women equal recognition,
enjoyment and exercise of all human rights and
fundamental freedoms within the political, economic,
social, cultural, civil, domestic and other field,
regardless of their legal status, and on a basis of
equality with men.
Medical Termination of Pregnancy Act
Short note on Medical Termination of Pregnancy Act?
Objects of Medical Termination of Pregnancy Act?
MTP Act allows termination of pregnancy up to 20
weeks of pregnancy. In case termination of pregnancy
is immediately necessary to save life of the woman,
this limit does not apply (Sec. 5 of the MTP Act). There
are however cases of diagnosed foetal abnormalities &
cases of women who are survivors of sexual abuse
who have reached out to Court with requests for
termination of pregnancy beyond 20 weeks
Objective of Medical Termination of Pregnancy Act:
To provide for the lawful termination of pregnancies
by registered medical practitioners in certain cases
only as have been laid down in the Act. The Act
provides the circumstances in which a pregnancy may
be terminated. It affords protection to the woman,
and not the unborn child.
Define Four Core Principles of Convention on the
Right of the Child?
Four principles contribute to a general attitude
towards children & their Rights. They are based on the
notion that children too are equal as human beings.
i. Non-Discrimination
ii. Best interests of the child
iii. The right to survival and development
iv. The view of the Child
Christian Marriage Act
Which type of Ceremony is important for Legalizing
Christian Marriage
The expression “Christian “ means, persons professing
the Christian religion; There are no preliminaries
prescribed to the marriage of Indian Christians. No
notice of intended marriage is required to be given.
Sec.60 explains about solemnization/ legalization
between Indian Christians on the fulfilment of the
following conditions –
i. The age of the man shall not be under 21 years, and
the age of the women shall not be under 18 years.
ii. Neither of the persons intending to be married shall
have a wife or husband living.
iii. Each of the parties to the marriage shall, in the
presence of a person licensed u/s.9 and two credible
witnesses, say to others – “I call upon the persons here
present to witness that I, A B in the presence of
Almighty God, and in the name of our Lord Jesus
Christ, do take thee, CD, to be my lawful wedded wife/
husband”. Licences may be issued to any Christian for
the Solemnization of marriage among Indian
Christians. The parties are free to say the aforesaid in
substance, not necessarily in literal translation, in any
of the regional language understood by them.
Protection of Women – Domestic Violence Act 2005
What is Domestic Violence?
What offences are covered under Domestic Violence
Cruelty or domestic violence is a burning problem for
married women. Atrocities are committed by the
members of in-laws family, like confinement in a single
room, physical torture, murder by burning or
strangulation over household work, undernourishment,
Powers of a Family Court:
 It has all power of a Civil Court
 Subject to provision of this act and rules, the
provisions of Criminal Procedure 1973 shall apply.
Functions of the Family Court:
 To Protecting the Institution of Marriage
 To handle suits for declaration of Validity of
marriage or espousal status
 To handle suits regarding propertied of the spouses,
joint or individual.
 To handle Suit for Injunction (Marital relationship)
 To handle Suit for Maintenance / Guardianship and
Custody of minor children
 To promote the welfare of Children
 Provides for Settlement of disputes via conciliation.
 Deal with problems arising out of family relationship.
The Juvenile Justice (Care & Protection) Act 2015
Shelter Home: For children in urgent need of care and
protection, the State Government shall support
creation of requisite number of shelter homes or drop-
in-centres through voluntary organizations
Shelter homes shall include:
(i) short-stay homes for children needing temporary
shelter, care and protection for maximum (01) Year.
(ii) Transitional homes providing immediate care and
protection to a child for a maximum (04) months,
(iii) 24 hour drop-in-centres for children needing day
care or night shelter facility.
The shelter homes or drop-in-centres shall have the
minimum facilities of boarding and lodging.
Children Home: It is home established or maintained,
in every district or group of districts, by the State
Government, either by itself, or through a voluntary or
non-governmental Orgn. for following purposes
 Placement of children in need of care and
protection, education, development, rehabilitation.
 The State Government shall designate any home as
Children’s Home having delivery of special needs
and specialised services, based on requirement.
 All Institutions, shall within a period of six months
from the date of commencement of Juvenile Justice
(Care and Protection Children) Amendment Act,
2006, be registered under the Act.
Describe / Explain Juvenile Justice Board
The Juvenile Justice Board is established by the State
Government for a district or a group of district for
exercising the powers and discharging the duties
imposed on such boards by the state government in
relation to juveniles in conflict with law.
Power of Juvenile Justice Board – Section 6
 It has power to deal exclusively with all proceedings
relating to juvenile in conflict with law.
 The powers conferred on the Board by or under this
Act may also be exercised by the High Court and the
court of session, when the proceeding comes before
them in appeal revision or otherwise.
Objects of Juvenile Justice (C & P) Act 2000
To consolidate and amend the law relating to juveniles
in conflict with law and children in need of care and
protection, by providing for proper care, protection
and treatment by catering to their development
needs, and by adopting a child-friendly approach in the
adjudication and disposition of matters before it.
Principles adopted by Juvenile Justice Board:
(i) Principle of presumption of innocence
(ii) Principle of dignity and worth
(iii) Principle of safety
(iv) Principle of equality and non-discrimination
(v) Principle of repatriation and restoration
The Indian Contract Act 1872
Discuss in details – Minor Agreement with Case Law?
1) A contract with a minor is void and, hence, no
obligations can ever arise on him thereunder.
2) The minor party cannot ratify the contract upon
attaining majority unless a law specifically allows this.
 The court is satisfied of the truth of the statements
made in the petition and
 There is no legal ground why the application should
not be granted
The explanation added to the section provides that
where a question arises whether there has been
reasonable excuse for withdrawal from the society the
burden of proving reasonable excuse shall be on the
person who has withdrawn from the society.
Leading Case Law: T. Sareetha V/s. T. Venkata Subbaah
(AIR 1983 A.P.356)
What are the Provisions of Hindu Marriage Act
regarding Maintenance and Alimony?
 Sec.24 of the HMA, 1955: It entitles not only the
wife but also the husband to claim maintenance
pendente lite on showing that he has no
independent source of income. However, the
husband will have to satisfy the court that either
due to physical or mental disability he is
handicapped to earn and support his livelihood.
 Sec.25: If the Court is satisfied that there is a change
in circumstances of either party at any time after it
has either party, very modify or rescind any such
order in such manner as the court may deem just.
 If the court is satisfied that the party in whose
favour an order has been made under this section
has remarried, or if such is the wife, that she has not
remained chaste, or if such party is the husband,
that he has had sexual intercourse with any woman
outside wedlock, it may, at the instance of the other
party vary, modify or rescind any such order in such
manner as the court may deem just.
What do you mean by Adoption? What are the
provision for a woman to adopt a child?
Adoption is a process whereby a child’s affiliation with
its genitive family is severed and affiliation to a new
family, called adoptive family is created. Adoption
establishes a parent-child relationship between
persons not biologically related.
Provisions for a woman to adopt a Child:
a. Who is of sound mind
b. Who is not minor, and
c. Who is not married if married, whose marriage has
been dissolved or whose husband is dead or has
completely and finally renounced the world or had
ceased to be a Hindu or has been declared by a court
of competent jurisdiction to be of unsound mind, has
the capacity to take a son or daughter in adoption.
Discuss in detail provision of Maintenance of wife &
children under Adoption & Maintenance Act 1956?
Under HAMA Act 1956, maintenance is a “provision for
food, clothing, residence, education and medical
attendance and treatment.” In the case of an
unmarried daughter it includes reasonable expenses of
her marriage.
Wife’s right to maintenance may arise in the following
three situations –
i. When the wife lives with her husband
ii. When the wife lives separate from her husband
iii. When the wife lives separate under the decree of
the court (Judicial Separation)
Explain in Short Property Rights of Woman?
Sec.14 of Indian inheritance law states about property
of a Hindu female to be her absolute property –
a. Any property possessed by a female Hindu, whether
acquired before or after commencement of this Act,
shall be held by her as full owner thereof and not as a
limited owner.
b. Any property acquired by way of gift or under a will,
or any other instrument or under a decree or order of
a civil court or under an award where the terms of the
gift, will or other instrument or the decree; order or
award prescribe a restricted estate in such property.
The Commission of Sati Prevention Act 1987:
What do you mean by Sati? Last recorded incident?
“Sati” means to burn alive the widow with the dead
body of her husband. The commission of Sati was
not allowing her to enjoy her matrimonial rights etc.
Due to atrocities woman sometimes commit suicide.
Reasons for the atrocities committed by the in-laws
can be classified as dispute regarding household work,
doubt upon the character of the wife, finding fault for
not giving a birth to a male child etc. Most of the cases
do not come to light and very few of them reach the
police station or the court
Offences covered under Domestic Violence are:
Physical Exploitation
Mental or Emotional Exploitation
Economic Exploitation
Causes of Domestic Violence in India are:
There is no uniform or single reason that leads to
domestic violence. It is a combination of various viz:
Sociological / Behavioural Factors: Anger, Poverty,
drug addition, extra-marital affairs, etc.
Religious Factor – Religious Sanctions / Belief
Historical Factors – Superiority Complex, Inherent Evil
Cultural Factors –Desire for Male Child
Dowry – Dowry is a form of Socio-Economic factor
Is there any benefits in filing false cases of domestic
violence or 498A in India?
Domestic Violence cases or cases under IPC Section
498A refer to the cases filed by the wife on her
relatives accusing the husband and his family of cruelty
or dowry demands.
The case filed under such a section is non-bailable,
non-compoundable and cognizable meaning that that
you cannot secure bail without appearing in the court,
the complaint cannot be withdrawn, and the case has
to be registered and investigated.
In view of the crimes against women, actions regarding
such cases are taken quickly and the accused are
arrested without any prior investigation.
Now, if a fake case is registered and filed against
anyone – the person will be immediately arrested for
the same and put behind bars. A typical case runs for
5–7 years and the person won't be let out until he is
proven not guilty. This is the benefit available to the
Plaintiff for filing a false Case under 498A.
In most of the cases, the complaint is settled by out of
the court to extort money. The damage to the
Respondent’s image can be extensive, wherein arrests
and jail terms are not taken lightly. And even if it is
found out that it is a fake case, the women are let out
without much action being taken against them.
The Factories Act 1948
Explain in brief any (03) provisions relating to Welfare
and safety of women under the Factories Act 1948?
Factory means any premises:
a. Whereon ten or more workers are working or were
working on any day of preceding 12 months, and in
any part of which a mfg. process is being carried on.
b. Whereon twenty or more persons are working, or
were working on any day of preceding 12 months, and
in any part of which a mfg. process is being carried on
without the aid of power, or is ordinarily so carried on.
Provisions relating to welfare & Safety of women are:
i. No woman shall be required to work in any factory
except between the hours of 6 am and 7 pm. The state
government is authorised to verify the limits but such
variation shall not authorise the employment of any
woman beyond the hours of 10 pm and 5 am
ii. No woman shall be allowed to clean, lubricate or
adjust any part of a prime mover or of any
transmission machinery when it is in motion or make
adjustment thereof, which would expose the woman
to risk of injury from any moving part either of that
machine or to any adjacent machinery.
iii. Separate enclosed accommodation shall be
provided for male and female workers which shall be
adequately lighted and ventilated and proper latrine or
urinal Facility.
Maintenance of Wife Under Section 125 of CrPC.
Prov. relating to Maintenance under Sec.125 of CRPC.
Sec. 125 of the Code of Criminal Procedure, states as –
3) No court can allow specific performance of a contract
with minors because it is void altogether.
4) The Partnership Act also prohibits minors from
becoming partners in a firm; however, receive the
benefits from the partnership firm.
5) Rule of Estoppel do not apply to minors Agreement.
6) Parents or guardians of minors can name them in
contracts only if it benefits them. But even in this case,
the minor cannot be personally liable.
The Indian Penal Code 1860 (IPC)
What is "stalking" what can be done about stalkers
Stalking u/s 354D of IPC states as: Any man who –
 Follows a woman and contracts, such woman to
foster personal interaction repeatedly despite a
clear indication or disinterest by such woman; or
 Monitors the use by a woman of the internet, email
or any other form of electronic communication,
commits the offence of stalking
Provided that such conduct shall not amount to
stalking if the man who perused it proves that
 He had been entrusted with the responsibility of
prevention and detection of crime by the state;
 In the particular circumstances such conduct was
reasonable and justified. Punishment for Stalking:
First Conviction: Whoever commits the offence of
stalking shall be punished with imprisonment of either
description for a term which may extend to three
years, and shall also be liable to fine;
Second or subsequent conviction: be punished with
imprisonment of either description for a term which
may extend to five years and shall also be liable to fine
Adultery? What is the punishment for Adultery
Adultery (Sec.497): Whoever has sexual intercourse
with a person who is and whom he knows or has
reason to believe to be the wife of another man,
without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of
rape, is guilty of the offence of adultery,
Punishment for Adultery:
The accused shall be punished with imprisonment of
either description for a term which may extend to five
years, or with fine, or with both. In such case the wife
shall not be punishable as an abettor.
Comment on this Statement- Adultery is not a Crime.
In Sept’2018, the apex court had declared Section
497 of the Indian Penal Code (IPC) – that makes
adultery a punishable offence for men –
unconstitutional and struck it down.
“Adultery can be ground for civil issues including
dissolution of marriage but it cannot be a criminal
offence,” the apex court had said.
Difference between Adultery and Rape
Adultery Rape
Adultery is defined in Rape defined in Section
Section 497 of the IPC 376B to 376D of IPC.
Adultery is sexual Rape is sexual
intercourse by a person intercourse with a
with a women, whom woman without her
he knows that she is consent and free will.
not his wife
Adultery is an offence Rape is an offence
against the husband against the women
whether married or not
In Adultery, the consent Rape can be committed
of women is immaterial even without consent
Adultery is less serious Rape is more serious
offence, imprisonment offence; punishment
extend up to 05 years may extend up to 10
or fine or both years of jail.
Adultery cannot be Rape can be committed
done with his wife by a man with his own
wife – if below 15 yrs.
Adultery is offence Rape is an offence
against marriage against sex
The Guardian and Ward Act 1890
What are the matters considered by the court in the
practised in two manners. In one manner, the wife
used to burn herself with the dead body of her
husband, In the second manner, she would burn
herself a little distance away from her husband with
some article of her husband.
Practice of Sati became widely prevalent during the
Rajput era. If any wife refused to become Sati, the
relatives would force her. Religious leaders made her
believe that the dead husband would require the
company of his wife in heaven. Therefore, she should
die with the dead body of her husband.
In 1813 Raja Ram Mohan Roy initiated for abolishment
of Sati practice in India. After that some legislations
were passed. Even after independence it did not stop.
Incidence of Sati in India:
Roop Kanwar, the youngest of six siblings, had married
Divrala’s Maal Singh in January 1987. However, the
marriage was short-lived as he passed away from an
“ordinary illness” in a Sikar hospital eight months later.
On September 4, 1987, Roop Kanwar is said to have sat
on her husband’s funeral pyre and committed sati.
Muslim Personal Law
Explain in brief the rights of Muslim Women in
respect of Dower?
Mehr or dower is a sum of money or other property
which the wife is entitled to receive from the husband
in consideration of the Marriage. If there is no
consideration there is no contract. But for the purpose
of a valid Muslim Marriage, consideration by way of a
dower is not essential. There can be a valid Muslim
marriage even there is no dower. Dower is incidental
to the marriage. Legal nature of dower is that it is an
actionable claim; it can be taken in execution of a
decree like any other debt.
Short Notes on Muta Marriage?
Muta Marriage is a marriage for a fixed period of time
that is only for sexual pleasure. Muslim Law in the Shia
recognises the concept of Muta Marriage.
The conditions for Muta Marriage as follows:
i. The parties must have attained the age of puberty,
which is above 15 years of age.
ii. There is no restriction on the number of Muta wives.
iii. There must be free consent by the parties
iv. The Time period and Dower amount must be
mentioned in the nikahnama.
v. The cohabitation between the parties is lawful.
vi. The children born out of such marriage are
legitimate and have the right to inherit the properties.
vii. The husband and wife don’t have any mutual right
of inheritance.
viii. Divorce is not recognised under Muta Marriage.
The Muta Marriage can be terminated by one of the
following reasons.
i. Expiry of the time period.
ii. Death of either party.
iii. Husband gifts the unexpired term of the marriage
Define Iddat, its objects and Procedure?
Iddat is a period of 4 Months and 10 days wherein the
woman has to remain in seclusion and is abstain from
marrying another person or, it can be also said that,
during this period women is prohibited from marrying
again after dissolution of her first marriage.
The object of the Iddat is firstly to ascertain whether
the wife is pregnant, and if so, the paternity of the
child. Secondly, in the event of a revocable divorce, it
gives the husband the opportunity to return to his
wife, and thirdly, it gives widow the opportunity to
mourn the death of her husband.
Discuss about Guardianship under Muslim Law
In Muslim Laws Guardian falls under the following:
 Natural Guardian – Father and Mothers of Child
 Testamentary Guardian – Appointed by Will
 Guardian appointed by Court
 Guardian of a Minor – Guardian (Wilayat)
What is Polygamy?
Polygamy is a type of relationship that typically
involves a person marrying more than one Partner.
i. If any person having sufficiently means, neglects or
refuses to maintain
 His wife, who is unable to maintain herself, or
 His legitimate or illegitimate minor child whether
married or not, unable to maintain itself, or
 His legitimate or illegitimate child (not being a
married daughter) who has attained majority where
such child is, by reason of any physical or mental
abnormality or injury, unable to maintain itself or
 His father or mother, unable to maintain himself or
herself.
 A magistrate of the first class may, upon proof of
such neglect or refusal, order such person so make
a monthly allowance for the maintenance of his
wife or such child, father or mother at such monthly
rate receiving as much magistrate think fit.
ii. Any such allowance for the maintenance or interim
maintenance and expenses for proceeding shall be
payable from the date of the order.
iii. If any person so ordered fails without sufficient
cause to comply with the order, any such magistrate
may, for every branch of the order, issue a warrant for
levying the amount due in the manner provided for
levying fines, and may sentence such person.
Immortal Traffic Prevention Act of 1956
Define Child according to Immoral Traffic Act 1956
Sec.2(b) of the Act states that- “Child” means a person
who has not completed the age of sixteen years
Short notes: Immoral Traffic (Prevention) Act 1956
The act was made to suppress immoral traffic in
women and children as India signed the United
Nations International Convention for the “Suppression
of Women in Traffic in Persons and of the Exploitation
in Others” in New York on 9th May 1950.
The PITA has undergone two amendments in the year
1978 and 1986 respectively and it made the act more
gender-neutral. This legislation aims to stop immoral
trafficking and prostitution in India and is divided into
25 sections and one schedule.
Child Marriage Act – 1929
Explain Restrain of Child Marriage
The Prohibition of Child Marriage Act, 2006, presently
sets the marriageable age to be 18 and 21 for boys and
girls respectively.
Objective of Child Marriage Restraint Act:
 To eradicate the evil of child marriage, the Child
Marriage Restraint Act was passed in 1929.
 The object is to eliminate the special evil which had
the potentialities of dangers to the life and health
of a female child, who could not withstand the
stress and strains of married life and to avoid early
deaths of such minor mothers
Significance of Child Marriage Restraint Act:
 The Child Marriage Restraint Act was the first social
reform issue taken up by an organized women’s
group in India.
 This group pressured many politicians into
supporting the act by picketing their delegations,
holding placards, and shouting slogans.
 They believed that passing of this act would show
the world that India is serious about social reforms.
Limitation of the Act:
 No Court can take cognizance of any offence under
this Act after expiry of one year from the date on
which offence is alleged to have been committed.
 This further dilutes the efficacy of the law.
International Labour Organisation (ILO)
What is the Minimum Age Convention
The ILO convention, the basic rule is stated that the
minimum age of entry to employment should not be
less than the age for completing compulsory schooling.
It has further laid down that in no case it should be less
than 15 years of age. This convention permits young
persons between the age of 13 and 15 to be employed
on light work. This convention maintains that the
appointment of a Guardian?
Guardian means a person who is having the care of a
minor or of his property or both.
Points to be considered for appointment of Guardian:
 Age, Sex, Religion, and Wishes of the Minor
 Wishes of the deceased parents of the Minor
 Personal Law of the Minor
 Kinship with the minor
 Capacity of the proposed Guardian
 Character of the Proposed Guardian
The welfare of minor is an important factor in
appointing the guardian by the court
The Dowry Prohibition Act 1961 / IPC Section 304B
Dowry: It means any property or valuable security
given or agreed to be given either directly or
indirectly— (a) by one party to a marriage to the other
party to the marriage; or (b) by the parents of either
party to a marriage or to any other person; at or
before [or any time after the marriage] [in connection
with the marriage, but does not include] dower or
mahr for which the Muslim Personal Law applies.
What is the Punishment prescribed for Dowry Death?
i. 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.
ii. Whoever commits dowry death shall be punished
with imprisonment for a term which shall not be less
than seven years but which may extend to
imprisonment for life.
The Sexual Harassment of Women at Workplace
(Prevention , Prohibition & Redressal) Act 2013
Explain Sexual Harassment of women at Workplace.
“Sexual Harassment includes any one or more of the
following unwelcome acts or behaviour (whether
directly or by implication) namely:-
i. Physical contact and advances; or
ii. A demand or request for sexual favours; or
iii. Making sexually coloured remarks; or
iv. Showing pornography; or
v. Any other unwelcome physical, verbal or non- verbal
conduct of sexual nature;”
Circumstances which can be related or connected to
sexual harassment:
i. Implied or explicit promise of preferential treatment
in her employment
ii. Implied or explicit threat of detrimental treatment in
her employment
iii. Implied or explicit threat about her present or
future employment status.
iv. Interference with her work or creating an
intimidating or hostile work environment for her
v. Humiliating treatment: affecting health or safety.
Committee to attend Grievances:
 Internal Complaint Committee
 Local Complaint Committee
Procedure for Complaint Redressal:
 Complaint of Sexual Harassment
 Summoning of Accused mentioned in Complaint
 Inquiry into the Complaint
 Inquiry report – to be submitted in 10 days
 Relief extended to Complaint (Pending Inquiring)
 Conciliation with Accused for Settlement
 If Matter Sorted out – Settlement of Complaint
 Penalty to the Respondent – Fines from Salary
 Unsorted Matter: Rpt. to Employer / District Officer
 If Complaint False– Complainant to be reprimanded.
Case Law: Vishaka V/s State of Rajasthan (A Landmark
Case of Sexual Harassment.
Whereas a woman marries more than one man, it is
called polyandry. Polygamy is associated with higher
rates of domestic violence, psychological distress, Co-
wife conflict.
The Kinds of Muslim Marriages?
In Muslim Law, Marriage is seen as a Civil Contract
between a Man and a Woman for the purpose of
legitimatizing the intimacy and procreation of children.
The Types of Muslim Marriage are:
 Valid Marriage / Sahih Naikah – Proper Marriage
 Irregular Marriage/Fasid Nikah- Elements missing
 Void Marriage / Batil Marriage – Not Enforceable
 Muta Marriage – Temporary form of Marriage
Give two grounds for divorce available to Muslim
under Dissolution of Muslim Marriage Act 1939
(i) Whereabouts of husband not known for four years;
(ii) that the husband has neglected or has filed to
provide for her maintenance for a period of two years;
(ii-A) that the husband has taken an additional wife in
contravention of the provisions of the Muslim Laws.
(iii) that the husband has been sentenced to
imprisonment for a period of seven years or upwards;
(iv) that the husband has failed to perform his marital
obligations for a period of three years;
(v) that the husband was impotent at the time of the
marriage and continues to be so;
Modes of Dissolution of Marriage in Muslim Law
Modes of Dissolution of Muslim Marriage are:
 Talak - (Talak Ahsan, Talak Hasan, Talak-ul-biddat
 Divorce by Mutual Consent – Khula, Mubaraat
 Judicial Decree – Suit by either husband or wife
Commission and International Conventions
Short Notes on the National Commission for Women
Rights and duties of National Commission for Women
Functions of National Commission for Women
The National Commission for Women was formed in
1992 under the National Commission Act 1990. It is a
commission having the authority to review
constitutional safeguards for women in the country.
Rights and Duties:
The main recommendation of the commission is to
facilitate redressal mechanisms and also to take
legislative measures to curb the disparity. It provides
the government with advice to make policies and laws
that are more prone to protect and safeguard the
rights of women. The commission also has the powers
that are vested upon with a civil court.
Functions of the National Commission for Women
 Investigate and examine all matters relating to the
women under the constitution and other laws
 Take up the cases of violation of the provisions of
the constitution and of other laws relating to
women with the appropriate authorities.
 Evaluate the process of the development of women
 Fund litigation involving issues affecting a large
body of women
 Make periodical reports to the Govt. on any matter
pertaining to women and in particular various
difficulties under which women faces.
 Any other matter which may be referred to it by
Central Government.
State three functions of Human Right Commission
The HRC. shall perform the function are:
 Inquire, Suo moto or on a petition presented to it
by a victim or any person on his behalf, in to
complaint of a. violation of human rights or
abetment thereof; or
 Negligence in the prevention of such violation, by a
public servant.
 Intervene in any proceedings involving any
allegation of violation of human rights pending
before a court with the approval of such court
 Understand and promote research in the field of
human rights
minimum age should be progressively raised to a level
consistent with the physical and mental development
of children. It makes a provision of flexibility for
countries whose economic and educational facilities
are not adequate. Such countries may prescribe a
general minimum age for light work of 12 years
instead of 13 years. It prescribes a higher minimum
age of 18 years for hazardous work.
Enumerate any (03) provisions given under ILO for
protection of labour.
 Abolition of Child Labour (given in the Preamble)
 A Child below 14 years of age should not work in
any Industrial Establishment.
 The Convention permits young persons between
age of 13 to 15 to be employed on light work.
What are UNICEF Publication
India with a child population of over 300 million is the
largest country programme of UNICEF. In the vision
statement of UNICEF India is stated that it will,
“Vigorously seek to place children on top of the
National & state policy agenda and strike to ensure
that children, at all times have the first call on the
country’s resources. It is concerned with the violation
of children’s rights, It seeks intervention of the state as
well as society to end the violation of Children’s right.
This agency support programme in nutrition, water
and sanitation. Mother and child health care and
abolition of child labour. It is stated that the UNICEF
supports programmes aimed at bonded and hazardous
child labour and the severe discrimination faced by the
girl child. UNICEF’s primary mission is to respond to
the urgent and basic needs of children.
Reservation of seats for Women in Panchayat
The 73rd Constitutional Amendment 1992 has been
enacted to give Constitutional status to Panchayat Raj.
It seeks to provide democracy of grassroots as it
intends to give power to people. Reservation of seats
for women – 1/3rd seats are to be reserved for women,
whether they are preserved for women, whether they
are reserved for SC and ST respectively and 1/3rd of
open seas shall be reserved for women of all castes.
It further required that not less than 1/3rd of the total
number of offices of Chairpersons in the Panchayat at
each level shall be reserved for women.
Women’s Status – Ancient Era V/s Modern Era
Write in detail the status of women in Pre-
independence India and trace some of the historical
events which lead to the improvement in their Status
In the freedom struggle of India, women’s role in the
struggle has not been well-taken note of. After the war
of independence of 1857, women became aware
about solidarity. Ramkrishna Mission, Prarthana
Samaj, Bramho Samaj, Theosophical Society and Hindu
Rashtriya Mahasabha by their efforts, brought about a
change in the position of women. As an effect of this
change, women started attending meetings of the
Congress party. Swaran Kumari Devi and Mrs. K.
Ganguli were the first two representatives of the
Congress party to enter the national political arena.
Women’s Status on ancient era / modern era.
The status of women witnessed a steady shift along
with the phases of Indian society since from ancient to
modern times. The life of women was highly
influenced by the social attitude and practices in the
light of philosophical ideologies. The sacred position
granted to women found a shattered steady decay
with the time leading towards disrespect and injustice.
Women started to regain the lost status only in the
later part of the nineteenth century.
The injustice and deprivation caused due to the
shattered status can be compensated only through
equity and justice. Equity in status can be attained only
through inclusive growth. This indicates on the issues
connected to the mobility in status of women along
the ancient, medieval and modern era.