LAW RELATING TO WOMEN AND CHILD
1. Discuss the legal position of
women in pre-independence
and post-independence era.
2. What Property rights are
provided to Women in Hindu
Law?
3. Explain the status of women
in ancient and modern times in 3. Summary: The status of women in ancient and modern times in India
India.
1. Summary: The legal position of women in India has undergone
significant changes in both the pre-independence and post-independence
eras. Before independence, women faced numerous social and legal
challenges, including limited property rights, lack of educational
opportunities, and social restrictions. The post-independence era
witnessed various legal reforms aimed at empowering women and
ensuring their equality. Constitutional provisions, such as the right to
equality and non-discrimination, have played a crucial role in enhancing
women's legal status. Legislation addressing issues like dowry,
domestic violence, and equal pay has been enacted to protect women's
rights and promote gender equality.
Conclusion: While the legal position of women has improved over
time, there are still challenges and gaps that need to be addressed.
Efforts must continue to strengthen and enforce existing laws, promote
gender sensitization, and address social and cultural norms that
perpetuate discrimination against women.
2. Summary: Hindu law provides certain property rights to women, both
before and after the enactment of various legislation. The Hindu
Succession Act, 1956, brought significant changes to women's property
rights by granting them equal inheritance rights in ancestral and self-
acquired property. Under Hindu law, women have the right to own,
acquire, and dispose of property. However, some restrictions and
variations exist based on factors such as marital status, nature of property,
and regional customs.
Conclusion: The Hindu law recognizes women's property rights, and the
Hindu Succession Act, 1956, has played a vital role in ensuring gender
equality in inheritance. However, there is still a need to address regional
variations, patriarchal customs, and cultural barriers that may limit
women's exercise of their property rights.
has shown significant changes. In ancient India, women enjoyed a
respectable position in society, with some examples of women rulers
and scholars. However, the position of women gradually declined with the
influence of social and cultural practices, such as patriarchy and the caste
system . In modern times, efforts have been made to empower women
and promote gender equality through legal reforms, education, and
awareness campaigns.
Conclusion: The status of women in ancient India was relatively better
compared to later periods, but it declined over time. In modern India,
there have been positive changes in the status of women, but more
work is needed to eliminate gender-based discrimination, violence, and
ensure equal opportunities for women in various spheres of life.
4. Discuss the legal status of
women in British India period.
5. Discuss the salient features
of U.N. Convention on
Elimination of All Forms of
Discrimination Against Women,
1979.
6. Write note on: Reservation
seat for women (ii) Object and
scope of the Maternity Benefit
Act,1961.
4. Summary: During the British India period, women's legal status was
significantly influenced by British colonial laws and practices. The
British introduced legislative reforms that impacted women's rights,
such as laws on marriage, inheritance, and property. While some
reforms aimed to protect women's rights, others reinforced gender
inequalities and discriminatory practices.
Conclusion: The legal status of women during the British India period was
shaped by colonial laws and practices, which had both positive and
negative impacts on women's rights. The period witnessed a mix of
reforms that improved certain aspects of women's legal position while
perpetuating
5. Summary: Thediscriminatory practices
UN Convention in Elimination
on the other areas.of All Forms of
Discrimination Against Women (CEDAW), adopted in 1979, is an
international treaty that aims to protect women's rights and promote
gender equality. Its salient features include defining discrimination
against women, calling for legal and policy reforms, ensuring equal access
to education, employment, and healthcare, combating stereotypes and
prejudices, and establishing mechanisms for monitoring and reporting on
progress.
Conclusion: The UN CEDAW is a significant international instrument that
has contributed to advancing women's rights and gender equality
globally. Its provisions serve as a framework for countries to develop and
implement laws and policies that protect women's rights and address
discrimination.
6. Summary: (i) Reservation seat for women: Reservation of seats for
women is a policy measure aimed at promoting gender equality and
ensuring adequate representation of women in various spheres, such
as legislative bodies, local governance, and educational institutions. The
reservation system provides a certain percentage of seats exclusively
for women, thereby increasing their participation and influence in
decision-making processes. (
ii) Object and scope of the Maternity Benefit Act, 1961: The Maternity
Benefit Act, 1961, is a social welfare legislation that aims to provide
certain benefits and protections to women employees during
pregnancy and after childbirth. The act ensures that women are
entitled to maternity leave, maternity pay, and other benefits to
safeguard their health, well-being, and job security during the
maternity period.
Conclusion: Reservation of seats for women and the Maternity Benefit Act,
1961, are important measures that address gender-based discrimination
and promote women's rights in different contexts. These initiatives
recognize the specific needs and challenges faced by women and aim to
7. Explain equal pay for equal
work.
8. Discuss the law relating to
domestic violence in India.
9. What do you mean by
Stridhan?
7. Summary: Equal pay for equal work refers to the principle that men and
women should receive equal remuneration for performing the same
or similar work. It emphasizes the right to non-discrimination and
gender equality in the workplace, ensuring that wage disparities
based on gender are eliminated. The principle of equal pay for equal
work is enshrined in various international conventions and national
legislations. Conclusion: Equal pay for equal work is a fundamental
principle that upholds gender equality in the workplace. By
eliminating wage disparities, it promotes fairness, recognizes the value of
women's labor, and contributes to economic empowerment and social
justice.
8. Summary: The law relating to domestic violence in India is primarily
governed by the Protection of Women from Domestic Violence Act
(PWDVA), 2005. The act provides a comprehensive framework to
address domestic violence, including physical, emotional, sexual, and
economic abuse inflicted upon women within the domestic sphere. It
aims to protect women's rights, provide them with immediate and
effective remedies, and prevent further acts of violence.
Conclusion: The law relating to domestic violence in India, as embodied in
the PWDVA, is a crucial legal instrument that acknowledges and addresses
the pervasive issue of domestic violence against women. It provides a
legal framework for protection, support, and access to justice for survivors
of domestic violence, contributing to the overall goal of creating a
violence-free society.
9. Summary: Stridhan refers to the property or wealth, including
movable and immovable assets, gifts, and inheritances, that a woman
owns or receives during her lifetime. It is considered the exclusive
property of the woman and is protected by law. Stridhan can be
acquired through various means, such as gifts from family or friends,
inheritance, or personal earnings.
Conclusion: Stridhan represents a woman's independent ownership and
control over her property and assets. Recognizing and protecting the
concept of Stridhan is essential to safeguarding women's economic rights
and ensuring their financial autonomy and empowerment.
10. Can Parliament make
special laws in protection of
children? Give reason.
11. Define Bigamy.
12. Discuss the salient features
of Dowry Prohibition Act. Refer 12. Summary: The Dowry Prohibition Act is a legislation enacted in
to decided cases.
10. Summary: Constitution of India has conferred the power on the state
to make speical law for the protection of children. Parliament can make
special laws in protection of children under the doctrine of "parens
patriae," which means that the state acts as the guardian and
protector of children. This allows Parliament to enact legislation that
focuses on the welfare, protection, and best interests of children. Special
laws for children are necessary due to their vulnerability and the need for
specific provisions and safeguards tailored to their unique needs and
rights.
Conclusion: Parliament's ability to enact special laws for the
protection of children is essential for safeguarding their rights,
promoting their well-being, and ensuring their development. Such
laws enable targeted interventions and measures that address the specific
challenges and vulnerabilities faced by children, aiming to provide them
with a safe, nurturing, and supportive environment. The constitution of
India has conferred the power on the state to make speical law to the
children for their protection.
11. Summary: Bigamy is a legal term that refers to the act of marrying
someone while already being legally married to another person. It is a
form of marriage fraud and is considered a criminal offense under
Section 494 of IPC & in many jurisdictions. The act of bigamy involves
knowingly and intentionally entering into a second marriage without
dissolving the previous marriage through divorce or death. It is not
applied on Muslim men but apply on muslim women.
Conclusion: Bigamy is a serious offense that undermines the institution of
marriage and violates the rights and expectations of individuals involved
in the marriage relationship. It is important to enforce laws against bigamy
to protect the integrity of marriages and ensure legal and social justice.
India to address the issue of dowry and prohibit its practice. The act
aims to prevent the giving or receiving of dowry, which includes any
property, valuable security, or gifts given before, during, or after the
marriage. The salient features of the act include provisions for the
punishment of offenders, protection for women against dowry
harassment, and the establishment of dowry prohibition officers for
enforcement.
Conclusion: The Dowry Prohibition Act plays a crucial role in combating
the social evil of dowry and protecting the rights and dignity of women.
The act's salient features, including legal provisions and enforcement
mechanisms, aim to deter dowry-related offenses and provide support to
victims of dowry harassment.

13. Discuss the salient features
of the Dowry Prohibition Act,
1961.
14. What is dowry?
15. Discuss the salient features 15. Summary: The Child Labour (Prohibition and Regulation) Act, 1986, is a
of the child labour (Prohibition legislation in India aimed at prohibiting and regulating the
and Regulation) Act, 1986.
13. Summary: The Dowry Prohibition Act, 1961, is a legislation in India that
prohibits the giving or receiving of dowry in connection with
marriages. Its salient features include defining dowry, establishing
penalties for dowry-related offenses, providing safeguards for the
protection of women, empowering dowry prohibition officers to
enforce the act, and encouraging public awareness and education on
the issue of dowry.
Conclusion: The Dowry Prohibition Act, 1961, is an important legal
framework that aims to eradicate the practice of dowry and ensure the
well-being and safety of women. Its salient features provide a
comprehensive approach to addressing dowry-related issues,
promoting gender equality, and raising awareness about the negative
consequences of dowry.
14. Summary: Dowry refers to the property, gifts, or valuables given
by the bride's family to the groom or his family as a condition of
marriage. Dowry is often seen as a social custom, but it can lead to
various negative consequences, such as financial exploitation,
domestic violence, and even dowry-related deaths. It is prohibited by
THE DOWRY PROHIBITION ACT, 1961. if any one takes dowry
imprisonment 5 year and fine 15000, if demand then imprisonment 6
month to 2 year and fine 10,000.
Conclusion: Dowry is a deeply entrenched social issue that perpetuates
gender inequality, financial exploitation, and violence against
women. Efforts must be made to eliminate the practice of dowry
through legal measures, awareness campaigns, and social reforms,
ensuring the empowerment and protection of women.
employment of children. Its salient features include a complete ban on
the employment of children below the age of 14 in hazardous
occupations, regulation of the working conditions for children
between the ages of 14 and 18, provision for penalties for violators, and
measures for rehabilitation and social integration of rescued child
laborers.
Conclusion: The Child Labour (Prohibition and Regulation) Act, 1986, is a
significant legislative measure in India to combat child labor and ensure
the welfare and development of children. By providing a legal framework
for the prohibition and regulation of child labor, the act seeks to protect
children from exploitation and promote their right to education and a
healthy childhood. Article 39(e) and (f) of the constitution enurmerates
that the tender age of the childer should not be abused and the
children should be given opportunities and facilities in the healthy
manner and in the condition of freedom and dignity.
16. Define cruelty.
17. With the help of decided
cases discuss the contractual
liability of a minor child.
18. Explain the criminal liability
of a child as prescribed under 18. Summary: The criminal liability of a child under the Indian Penal
Indian Penal Code. Refer to
decided cases.
16. Summary: Cruelty, in a legal context, refers to any willful conduct
that is likely to cause physical or mental harm or harassment to
another person. It can manifest in various forms, such as physical
violence, emotional abuse, harassment, or torture. Cruelty is often
considered a criminal offense and is addressed in legal frameworks to
protect individuals from harm.
Conclusion: Cruelty is a serious offense that violates the rights and well-
being of individuals. Legal systems recognize the need to address and
prevent acts of cruelty through criminal laws and provide remedies
and protections for victims. Upholding the principle of respect for
human dignity and safeguarding individuals from cruelty is essential for a
just and harmonious society.
17. Summary: The contractual liability of a minor child refers to the legal
responsibility of a minor for the performance of contractual obligations.
Generally, a contract entered into by a minor is considered voidable,
meaning that the minor can choose to either enforce or disaffirm the
contract. However, certain exceptions exist, such as contracts for
necessities, where the minor may be held liable for fulfilling the
contractual obligations.
Conclusion: The contractual liability of a minor child is a complex legal
area that recognizes the special status and limited capacity of minors to
enter into binding contracts. Courts have considered various factors and
decided cases on a case-by-case basis to determine the extent of a
minor's liability and the enforceability of contracts involving minors.
Code (IPC) is determined by considering the age of the child and the
nature of the offense committed. The IPC recognizes that children
below a certain age, generally under seven years, are considered
incapable of committing a crime. For children above that age but
below the age of 18, the principle of doli incapax may apply, which
presumes that a child lacks the understanding and maturity to have
criminal intent.
Conclusion: The criminal liability of a child under the IPC is based on the
principle of doli incapax, which acknowledges the limited understanding
and maturity of children. The law recognizes the importance of
rehabilitation and reformation rather than punishment for child offenders,
focusing on their welfare and future prospects.
19. Write short notes on- (a)
Cruelty against married women
as provided in I.P.C. (b) Offence
of Dowry death as provided in
I.P.C.
20. SATI PARTHA
19. Summary: (a) Cruelty against married women as provided in I.P.C.: The
Indian Penal Code (IPC) provides provisions to address cruelty against
married women. Section 498A of the IPC criminalizes cruelty by
husbands or their relatives, which includes acts that are likely to drive
a woman to commit suicide or cause grave physical or mental harm.
The provision aims to protect married women from domestic
violence and abusive relationships. Cruelty may be mental, physical,
intentional or unintentional. Imp may extend to 3 year also fine.
(b) Offence of Dowry death as provided in I.P.C.:The IPC also addresses the
offense of dowry death under Section 304B. It defines dowry death as
the Where the death of women caused by burn or bodily injury or
otherwise normal circumstances within seven years of marriage
where it is shown that she was subjected to cruelty or harassment by
her husband or his relatives for dowry. The provision aims to deter and
punish dowry-related crimes, highlighting the seriousness of such
offenses. Imp- not less than 7 year may extend to life.
Conclusion: The IPC includes specific provisions to address cruelty against
married women and dowry-related offenses, recognizing the need to
protect women from violence, abuse, and discriminatory practices.
The Commission of Sati (Prevention)Act 1987- Sati means burning or
buring alive of any widow alongwith the body of her deceased husband
or any other relative or with only article, object or thing associated with
the husband or such relative; or any woman alongwith the body of any
relalatives, irrespective of whether such burning or burying is claimed to
be voluntary or the part of widow or the woman or the otherwise.
The Act prohibits the following:
a. attempt to commit Sati (Imp up to 1 year or fine or both)
b. Abatement of Sati. (Imp LIfe & Fine)
c. Glorification of Sati. (Imp 1 to 7 year, fine 5000 to 30000)
This act is very overriding effect from all enactment, Special court , Speical
public Prosecutor is there for trial.