Social Laws Archives - The Fact Factor

Law Relating to Women and Children Questions 111 to 120

Hemant More — Wed, 08 Jun 2022 10:18:53 +0000

Q111. A Hindu female is survived by her adopted son, natural born son, and an illegitimate son. Upon whom her property will devolve and in what Ratio?

Section 15 and Section 16 of the Hindu Succession Act, 1956 deals with devolution of property of a Hindu female who died intestate.

Adopted son has equal rights as those of natural or biological son. There is no provision for rights of illegitimate son under the Act.

According to Section 15 of the act, the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16, (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

Thus, the property will get divided into the adopted son and the natural son equally i.e. each of them will get half the property. The illegitimate son will not get anything from the property.

Q112. Write short note on Muta Marriage?

The word “muta” literally means “enjoyment, use”. It is a ‘marriage for pleasure’ for a fixed period of time, also known as temporary marriage. The institution of muta, which was fairly common in Arabia before and at the time of the prophet, is now not recognized by any school of Muslim law in India, except the Ithna Ashari Shiite or Shia school.

There are four essentials of muta,

Form, i.e., proper contract which means declaration and acceptance.
Subject, i.e., a man may contract a muta with a woman professing the Mohammedan, Christian or Jewish religion or even with a fire- worship. Relations prohibited by affinity are also unlawful in such marriage;
The term, which means that the period of cohabitation should be fixed, which may be a day, a month, a year or a term of years; and
Dower.

When the term and the dower are fixed, the contract is valid. If, however, the term is fixed but the dower is not specified, the contract is void. Further, if the dower is specified and the term is not fixed, the contract, though void as muta may operate as a “permanent “marriage.

Q113. Define Iddat its objects and procedures?

When a marriage is dissolved by death or by divorce, the woman is prohibited from marrying within a specified time. This is known as iddat. It is a period of continence imposed on the woman. The purpose of iddat is to ascertain whether the woman is pregnant and avoid any confusion as to paternity . If the marriage is dissolved by death, the period commences from the date of death; in case of divorce, it commences from the death of divorce.

A marriage could be dissolved either by divorce or death of the husband. the period of iddat in these two situations is as follows

Dissolution of Marriage by Death:

in the case of a woman who is pregnant at the time of husband ‘s death the period of iddat is four months and ten days or until delivery, whichever period is longer .
if the woman is not pregnant ,the period is four months and ten days.

Dissolution of Marriage by Divorce:

if a woman is subject to menstruation, the period of iddat upon divorce is three courses.
if the woman is pregnant at the time of divorce, the iddat lasts until delivery whether it is less or more than three months, iii) if the woman is not subject to menstruation, it is tree lunar months.

Q114. Modes of dissolution of marriage in Muslim law.

A valid Muslim marriage can be brought to an end under any of the following circumstances:

Apostacy: Apostacy means the abandonment or renunciation of a religious or political belief or principle. Apostacy can be of any spouse, either of the husband or of a wife. In case apostacy, the marriage can be dissolved under Muslim Marriage Act, 1939.
Death of any party: Death of any party to the marriage brings an end od matrimonial bonds.
Divorce: It may be statutory or non-statutory. Divorce is by any method recognized by Muslim law.
Option of Puberty: Under this option, a minor can repudiate his or her marriage in accordance with the provisions of Muslim Marriage Act, 1939.

Marriage between parties under absolute prohibitions: If such marriage is prohibited, then it is void. Under relative prohibitions it is not void but can be modified

Q115. What are UNICEF publications?

UNICEF is a leading source of information on the situation of children around the world. The work is grounded in empirical data, rigorous research and thoughtful analysis. Publications are among the most important tools that UNICEF uses to influence policy discourse and decision-making on behalf of every child at risk or in need. They also provide vehicles for reporting on results achieved by UNICEF and its partners.

UNICEF’s longest-standing flagship publications are The State of the World’s Children and the UNICEF Annual Report. Each edition of The State of the World’s Children focuses on a vital issue or sector affecting children and young people around the globe. This research-based publication also features statistical tables with the latest available statistics on child survival, development and protection in every country, territory and region. The UNICEF Annual Report spotlights results for children achieved by UNICEF and its partners across multiple sectors each year, along with financial data and donor recognition.

Specialized UNICEF divisions and offices, disseminate reports reflecting technical expertise in child-centered practice and policy, such as on social inclusion, policy and budgeting.

Q116. What is Adultery? What is the punishment for Adultery in India?

According to Section-497 of Indian penal code, “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, and 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.”

Throughout the world, the female committing an adulterous act is also liable for punishment but Indian women are an exception for adultery laws and they cannot be punished under the law for committing adultery. The wife is not guilty of offence, not even as an abettor to the crime. The case can be filed by the husband of the female partner against the man with whom she had adulterous liaison (not against his wife) stating that he illegitimately intimidated and lured his wife into the relationship.

Q.117 Comment on this Statement- Adultery is not a Crime.

These laws were passed in 1860 during the British era and at that time the social status of women in India was pitiable. They were not independent economically and were considered as an object. The structure of the society was a lot different from what its today and several social evils were prevalent during those days. Polygamy, child marriages and sati system were common and since women were observed as a property of men, it was their utmost duty to safeguard their property. Women were subjugated and exploited by men and this led to the framing of such laws which punished only men which must be the seducer and women were not considered wrongful.

Although, considering today’s times, the scenario of the society has changed and women are socially and financially independent and they may be the seducer and not always victim or innocent. This customary law does not seem to be in consonance with the recent times and doesn’t apply equally to both the genders.

Q118. How is “stalking” defined legally? And what can be done about stalkers?

Whoever monitors the use by a person of the internet, email or any other form of electronic communication that results in a fear of violence, or interferes with the mental peace of such person, commits the offence of stalking. Cyberstalking is a criminal practice where an individual uses the Internet to systematically harass or threaten someone. In this tort, the victim is followed and pursued online. This crime can be perpetrated through email, social media, chat rooms, instant messaging clients and any other online medium. The harasser may be a stranger or a neighbour or a relative or a person having acquaintance. In this crime, the harasser may obtain personal details like telephone and then start harassing physically. The law in India is still inadequate in this respect.

The victims of cyberstalking should take the following steps:

For minors, inform parents or a trusted adult
File a complaint with the cyberstalker’s Internet service provider
Collect evidence, document instances and create a log of attempts to stop the harassment
Present documentation to local law enforcement and explore legal avenues
Get a new email address and increase privacy settings on public sites
Purchase privacy protection software
Request removal from online directories
Never agree to meet the stalker in person.
Do not accept the request on social media till confirmation.

Q119. What offences are covered under Domestic Violence Act?

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines the term ‘Domestic Violence’ as follows:

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

The expression “Domestic Violence” has been defined in see 3 of the Act. It is very comprehensive. It embraces wide range of wrongs. Roughly it includes physical injury, mental harm, sexual harassment, economic exploitation, emotional abuse and many acts of commissions and omissions rooted in gender discrimination, inequality, subordination and injustice.

Q120. Can Medical Officer refuse to render Medical Assistance if the aggrieved woman comes directly, without Protection Officer?

The Medical Officer cannot refuse to provide treatment in emergency cases. He cannot insist on Prior filing of FIR with the police and then start treatment. First, immediate treatment or first aid must be given and then it is the duty of the Medical Officer to inform the police / Protection Officer about the possible domestic violence or unnatural injuries suffered by the victim. A Medical Officer attending the case is expected to exercise a reasonable prudent physician standard of care and offer that much of help as is possible under the circumstances.

According to Section 2(n) of the Act, “Protection Officer” means an officer appointed by the State Government under sub-section (1) of section 8 of the Act. According to Section 4 of the Act, any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer. The protection Officer helps to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place.

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Law Relating to Women and Children Questions 101 to 110

Hemant More — Wed, 08 Jun 2022 04:54:41 +0000

Q101. What does Article 38 of the Indian Constitution provide for?

Article 38 of the Indian Constitution directs the Stateto secure a social order for the promotion of the welfare of the people. In this regard, it provides for two provisions as follows:

The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life
The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Q102. What is “Polygamy‟?

Many legal systems permit polygamous marriage, under which a man may marry more than one wife. Most ancient cultures and religions in the world have allowed polygamy in one form or the other. Islamic tradition addresses the polygamy directly. The Quran states that a man is allowed up to four wives, but only if he can support them and treat them all equally.

In India, polygamy is illegal under the Hindu Marriage Act, 1955 and the Indian Penal Code. Before the enactment of the Hindu Marriage Act, 1955, polygamy was mostly practiced by rich merchants and the warrior castes in India. Polygamy and polyandry are illegal under the Hindu Marriage Act, the Christian Marriage Act, the Parsi Marriage Act, and the Special Marriage Act.

Q103. What is “Shelter Home‟?

It is the responsibility of the government to protect the homeless and neglected members of the society. According to Section 2(u) of the Juvenile Justice (Care and Protection of Children) Act, 2000, “shelter home” means a home or a drop-in-centre set up under section 37. The Juvenile Justice Act empowers state governments to recognise organisations and provide them assistance, to set up and run shelter homes for children, women and other people, who are in need of care and protection. These shelter homes also function as a drop-in-centres and night shelters for people who are in urgent need of support. A shelter home is a place to take refuge or a temporary arrangement. These shelter homes also serve as government-aided hostels. People who are vulnerable or homeless or are in an emergency situation, they can approach their nearest shelter homes.

The Protection of Women from Domestic Violence Act, 2005, Chapter III lists the duties of shelter home as: “If an aggrieved person or on her behalf a protection officer or a service provider, requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home.”

Role of shelter homes

Shelter homes provide protection, services and resources, which enable a person who has experienced abuse to recover from the violence, to rebuild one’s self-esteem and to take steps to regain an independent and self-determined life.
Shelter homes increase awareness and understanding related to gender-based violence and violations of human rights.
Shelter homes assist women who leave situations of violence, to manoeuvre the police, judicial and social service systems, to access the critical support and protection provided by these institutions.
Shelter homes should educate health and judicial providers, as well as social service and security personnel, among other professionals, to recognise violence against women.

Q104. What is the punishment prescribed for Dowry Death?

Section 304B of the Indian Penal Code prescribes punishment for dowry death. Clause 1 of the Section, defines “Dowry Death” as follows: 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. Explanation attavched to the clause says that for the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

Clause 2 of the Act prescribes punishment for dowry death. The clause lays down that 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.

Q105. The kinds of Muslim Marriages?

Sahih Nikah (Valid Marriage): When all the essential conditions of a Muslim marriage are duly fulfilled, it is called a sahih nikah or valid marriage.
Batil Nikah (Void Marriage): If agreement between a prospective bride and a groom which does not meet all the essential conditions of a Muslim marriage is a void agreement and any marriage that takes place in furtherance of a void agreement is called a void marriage or Batil nikah.
Fasid Nikah (Irregular Marriage): When a marriage is conducted by violating certain or partial conditions of a valid marriage, it is called an irregular marriage. The best instance of an irregular marriage is the marriage between a Muslim and a Christian or a Jew.
Muta Marriage: The word “muta” literally means “enjoyment, use”. It is a ‘marriage for pleasure’ for a fixed period of time, also known as temporary marriage.

Q106. What is Muta Marriage?

There are four essentials of muta,

Form, i.e., proper contract which means declaration and acceptance.
Subject, i.e., a man may contract a muta with a woman professing the Mohammedan, Christian or Jewish religion or even with a fire- worship. Relations prohibited by affinity are also unlawful in such marriage;
The term, which means that the period of cohabitation should be fixed, which may be a day, a month, a year or a term of years; and
Dower.

Q107. Give two grounds for divorce available to Muslim wife under Dissolution of Muslim Marriage Act, 1939?

Divorce petitions for judicial divorce in Islam is governed by the Dissolution of Muslim Marriage Act, 1939. Under the Act, a Muslim woman can file a contested divorce petition on the following grounds:

If the whereabouts of the husband are unknown for the past 4 years.
If the husband is unable to provide maintenance to the wife for the last 2 years.
If the husband has been imprisoned for 7 or more years.
If the girl was married before the age of 15 and wishes to annul the marriage before she attains 18 years of age.
If the husband subjects the wife to cruelty of any kind.

Q108. Name any two functions for National Commission for Women?

The Commission shall perform all or any of the following functions:

Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.

Q109. Define “Child‟ according to The Immoral Traffic Act, 1956?

According to Section 2(aa) of the Immoral Traffic (Prevention) Act, 1956, child means a person who has not completed the age of sixteen years.

Q110. What is “In camera Proceedings”?

In-camera proceeding is an exception to the rule of an open court. An open court or open justice is when a case is heard in the presence of the people and the press, who would report the cases to the public. The usual course of a proceeding is an open court.

The in-camera proceeding is a private proceeding in the absence of the public and press and it is used in sensitive cases to protect the privacy of the parties. Essentially the proceedings are conducted through video conferencing to safeguard the privacy and protection of the accused. The public and the media are excluded from such proceedings for the purposes of sensitivity.

In cases like divorce, the common grounds found are adultery, cruelty, impotency, desertion etc. Cruelty may include mental shock, physical harassment or excessive or refusal to sexual intercourse. The grounds are linked with the reputation of the parties which is likely to be of a revolting character and may injure the reputation of the party in the eye of the general public. In such cases in camera proceedings can be done.

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Law Relating to Women and Children Questions 91 to 100

Hemant More — Tue, 07 Jun 2022 16:58:11 +0000

Q91. Somkuwar committed sati at Rampur. People of Rampur worship her and build a temple of sati. a. What are the provisions and penalties under Sati Prohibition Act 1987 for glorification of sati and building a temple?

According to Section 2(b) of the Sati Prohibition Act 1987, “The act of glorification of sati” includes

the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or
the supporting, justifying or propagating the practice of sati in any manner; or
the arranging of any function to eulogise the person who has committed sati; or
the creation of a trust, or the collection of funds, or the construction of temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati;

Section 5 of the Act lays down that whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.

Q92. Najma was given in marriage at the age of 13 years. On attaining 18 years she wants to repudiate the marriage. a) Define “Option of Puberty”.

Under Muslim law, a minor on attaining the age of puberty, has a right to approve or disapprove the marriage contracted by a guardian who was neither father nor paternal grandfather. This is called the ‘option of puberty’. In other words, marriage of a minor contracted by any person other than minor’s father or grand -father is voidable at the option of such minor. If a person, on attaining puberty, chooses to repudiate the marriage by exercising his right of ’option of puberty’ the marriage is dissolved with immediate effect. On the other hand, if the minor, on attaining puberty, opts to approve the marriage, it is considered to be a valid marriage since its very beginning. However, the exercise of this right is not compulsory; the minor, on attaining puberty, may or may not exercise this right. Where a person has not exercised the right of option of puberty after becoming adult, it is presumed that he or she has approved the marriage contracted during minority.

But, under Shia law a minor’s marriage must be approved by the minor on attaining puberty. According to Shia law, therefore, unless the minor on attaining majority, expressly ratifies the marriage, it is no marriage at all in the eyes of law.

Q93. Meena, 25 weeks pregnant, it was diagnosed that the child is suffering from an acute brain malfunctioning. She wants to abort. a) Explain the provision for abortion in PCPNDT Act.

There are situations in pregnancy, such that the life of the mother or the life of the child in the womb, is in danger. The Medical Termination of Pregnancy Act, 1971 has been enacted mainly with a view to save the life of the mother. Under this Act, the pregnancy of the mother can be terminated

On medical grounds, like when the physical or mental health of the mother is at risk;
On humanitarian grounds, like when there is a forced pregnancy because of rape;
There is a possibility of the birth of a deformed child.

MTP Act allows pregnancies to be brought to an end in the first three months with the approval of only a single registered medical specialist. But, if the duration of pregnancy has crossed five months, the approval of at least 2 medical specialists is needed.

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (PCPNDT)Act, 1994, has also been used to supplement abortion laws and regulations to ensure that girl child deaths through illegal induced miscarriages are looked into and avoided in the future.

Q94. Madhubala married Kishor. At the time of marriage Kishor demanded a scooter and 10,00,00/- cash as a dowry from the father of Madhubala. a) Define the term dowry as per Dowry Prohibition Act, 1961. b) What is the penalty for giving and taking dowry?

Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

by one party to a marriage to the other party to the marriage; or
by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

According to Sections 7, 8 Taking dowry is a cognizable, non-bailable, non-compoundable offence. Burden of proof lies on person receiving dowry. Under Section 4 of the Act, demanding dowry is also an offence when a person demands, directly or indirectly any dowry from parents, guardian or relatives of a bride or bridegroom is punishable with imprisonment and fine.

Q95. The police raided a brothel and found many ladies and amongst them there were two minor girls age 9 years. a) Can ladies be punished? b) Are the minor girls liable for punishment? What are the remedial measures?

According to Section 2(a) of the Immoral Traffic (Prevention) Act, 1956, brothel includes any house, room, conveyance or place or any portion of any house, room, conveyance or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes.

No, ladies will not be punished as the act does not provide punishment for sex workers. They can be rehabilitated by putting them in a Corrective Home. However, they can be punished under the Indian Penal Code for crimes, such as offence of Public indecency or Public Nuisance.

No, the minor girls will not be liable for punishment. They will be sent to protective home.

Q96. Define the prime functions of the Family Courts Act,1984.

Before the establishment of family courts, the family matters fell within the jurisdiction of the ordinary civil courts of the country. Where other civil matters were also litigated. The Law Commission in its 59th report (1974) had also stressed that in dealing with disputes concerning the family, the court ought to adopt and approach radical steps distinguished from the existing ordinary civil proceedings and that these courts should make reasonable efforts at settlement before the commencement of the trial.

The immediate reason for setting up of family courts was the mounting pressures from several women’s associations, welfare organizations and individuals for establishment of special courts with a view to providing a forum for speedy settlement of family-related disputes. Emphasis was laid on a non-adversarial method of resolving family disputes and promoting conciliation and securing speedy settlement of disputes relating to marriage and family affairs.

Functions of Family Court:

The family Court shall make an endeavor to assist and persuade the parties in arriving at a settlement. If the Court feels that there is a reasonable possibility of a settlement the Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to arrive at a settlement.
The Court shall record what the witness deposes and the memorandum shall be signed and form a part of a record.

Q97. Explain, Juvenile justice board.

Section 4 of the Juvenile Justice Act of 2000 deals with the establishment and constitution of the council and also empowers the state government to establish a juvenile justice board for a district or group of districts. A child who has committed an offence may be brought before a member of the board if the board is not chaired in accordance with Section 5(2). Section 6(1) conferred on the Commission exclusive powers under the 2000 Juvenile Law in Conflict with the Law Act to hear all court proceedings.

The Juvenile Justice Council (JJB) is headed by a senior magistrate. He has exclusive jurisdiction to deal with juvenile cases. The magistrate of the Commission for Juvenile Justice is a magistrate “who should be a metropolitan magistrate or a first class magistrate with special knowledge in child psychology and child protection”. In the juvenile justice commission, two members are social workers, one of whom must be a woman.

The member of the juvenile justice council may be dismissed after an investigation by the state government for the following reasons:

If he has been found guilty of misuse of power under this Act, or
He/she has been convicted of an offence involving moral turpitude, and this conviction has not been reversed or he/she has not been totally pardoned for this offence, or
He fails to attend Board proceedings for three consecutive months without cause or fails to attend at least three-quarters of the meeting in one year.

Q98. Explain the provisions relating to Uniform civil code.

Article 44 lays down that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. 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.

Need of UCC:

Protection to Vulnerable Section of Society: The UCC aims to provide protection to vulnerable sections as envisaged by Dr. B. R. Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.

Q99. Define the National Commission for Women.

The National Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd May 1990. The National Commission for Women was set up on 31st January 1992 under the National Commission for Women Act, 1990 as Jayanti Patnaik as the chairperson. This body was established to review the constitutional and legal safeguards for women. It recommends the remedial legislative measures, facilitates redressal of grievances and advises the government on all policy matters affecting women. It enjoys all the powers of a civil court.

The Commission must consist of a minimum number of members which includes a chairperson, a member secretary, and the other five members. Section 3 of the National Commission for Women Act, 1990 deals with the constitution of the National Commission for Women. Section 4 of the National Commission for Women Act, 1990 deals with the constitution of the term of office and conditions of service of Chairperson and Members of the commission.

Section 10 of the National Commission for Women Act, 1990 deals with the functions of the Commission. The National Commission of Women enjoys the powers of a civil court. It investigates and examines the matters related to safeguards provided for women under the Constitution and other law. The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its roots in the traditional Nyaya Panchayats. It is created by NCW for the redressal and speedy disposal of cases.

The Commission shall perform all or any of the following functions:

Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.
Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order to suggest techniques for their expulsion
Research: Undertake the promotional and educational research so as to propose ways of ensuring due representation of women in all fields and identifies the factors responsible for impeding the support services and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
Participation in all spheres particularly in Planning: take part and advice on the planning process of socio-economic development of women
Evaluation: assess the progress of the development of women society under the Union and State.
Inspection: investigate or cause to be inspected a jail, remand home women’s establishment or other places of guardianship where ladies are kept as detainees.
Funding: fund litigation, relating issues affecting a large body of women.
Reporting: make periodical reports on any issue pertaining to women and in particular various difficulties under which women toil.

Q100. Define in short, the provisions under the Convention on the rights of children.

There are four principles of Convention.

Non-Discrimination: One general principle as identified by the committee on the rights of the child is that all children should enjoy their rights and should never be subjected to any discrimination. The obligation to provide equality of opportunities among children is expressed in Article 2.

Best Interests of the Child Children: Best interests of the child Children, especially when they are very young, are vulnerable and need special support to be able to enjoy their rights fully. The principle of the best interest of the child, formulated in Article 3:1

The Right to Survival and Development: The principle most directly related to children’s economic and social rights is formulated in the right to life article. The article goes further than just granting children the right not to be killed; it includes the right to survival and development which is formulated in Article 6:2

The Views of the Child: A crucial dimension of the convention is expressed through another principle, the one about respecting the views of the child. In order to know what is actually in the interest of the child it is logical to listen to him or her. The principle is formulated in Article 12:1.

These four principles contribute to a general attitude towards children and their rights. They are based on the notion that children too are equal as human beings.

The post Law Relating to Women and Children Questions 91 to 100 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 81 to 90

Hemant More — Tue, 07 Jun 2022 11:16:02 +0000

Q81. Discuss in detail the provisions of Maintenance of wife and children under the Adoption and Maintenance Act, 1956.

Maintenance of wife (Section 18):

Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.
A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance:-

if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;
if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;
if he is suffering from a virulent form of leprosy;
if he has any other wife living;
if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;
if he has ceased to be a Hindu by conversion to another religion;
if there is any other cause justifying her living separately.
A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

Maintenance of children and aged parents (Section 20):

Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
The obligation of a person to maintain his or her aged or infirm parent or daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property Explanation- In this section “parent” includes a childless stepmother.

Q82. Discuss in detail about Guardianship under the Muslim Personal Law.

A person who is authorized underneath the law to guard the person or property of a minor is called a guardian. Under Muslim law, guardians are needed for the aim of a wedding, for protecting the minor’s person and for protecting the minor’s property.

The guardianship of a child means that overall oversight of the kid throughout its minority. Father or his executor or in his absence, the paternal grandfather, being the natural guardian, is in charge of the minor’s person. On the opposite hand, ‘custody of the child’ simply means a physical possession (custody) of the child upon a certain age.

Although the mother is not the natural guardian of the child under Muslim law, she has a right to the custody of the child, until the child attains a specific age. But the father or the paternal grandfather encompasses control over the minor throughout the complete interval of the minority.

Muslim law recognizes the following kind of guardianship:

A natural or legal guardian
Testamentary guardian
Guardian appointed by courts or statutory guardian
De-facto guardian

Q83. Discuss fully the provisions of the Maternity Benefits Act, 1961

Maternity Benefit is a payment made to women who are on maternity leave from work. Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence. Every woman employee who may be employed directly or through any contractor and who has worked in an establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery shall be entitled to for the benefits.

Cash Benefits

Leave with average pay for six weeks before the delivery.
Leave with average pay for six weeks after the delivery.
A medical bonus if the employer does not provide free medical care to the woman.
An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth.
In case of miscarriage, six weeks leave with average pay from the date of miscarriage.

Non Cash Benefits/Privilege:

Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
Two nursing breaks in the course of her daily work until the child is 15 months old.
No discharge or dismissal while she is on maternity leave.
No change to her disadvantage in any of the conditions of her employment while on maternity leave.
Pregnant women discharged or dismissed may still claim maternity benefit from the employer.

In addition to the above the Act also makes provisions to undertake light work activities for pregnant women 10 weeks prior to her delivery also nursing breaks during daily work till the child attends age of 15 months

Q84. Explain with case laws- Sexual Harassment of the women at workplace.

Atrocities against women are common everywhere. Nowadays many women are working in different places of work. There are chances of sexual harassment at the workplace. Sexual harassment of women at a workplace is considered a violation of women’s right to equality, life, and liberty. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.

In the Vishaka v. State of Rajasthan, (1997) 6 SCC 241 case, the guidelines issued by a three-judge bench comprising of Chief Justice Verma, Justice Sujata V. Manohar and Justice B.N. Kripal widened the meaning and scope of sexual harassment. It defined sexual harassment as an unwanted sexual determination which is directly or impliedly intended to cause the following:

Physical contact or advances.
A demand or request for sexual favours.
Sexually coloured remarks.
Showing pornography.
Any other unwelcome conduct whether it is physical, verbal or non-verbal.

After 16 years of Vishakha case, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 was enacted with the objective to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or incidental thereto.

Q85. Discuss in detail about Adultery and Rape.

Adultery:

According to Section 497 of Indian Penal code (IPC) 1860, “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 and 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 a case, the wife shall not be punishable as an abettor”.

In 2018 section 497 was struck down by Supreme Court in the case Joseph Shine v. Union of India unanimously by the constitutional bench

Rape:

Section 375 of IPC defines the term “Rape” as follows:

A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—

(First) — Against her will.

(Secondly) —Without her consent.

(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

(Sixthly) — With or without her consent, when she is under sixteen years of age.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception: Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rap

Section 376 of IPC deals with punishment for the offence of rape.

Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

Whoever commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine

Q86. Discuss in detail with the help of case law about the Minor’s agreement.

According to Section 11 of the Indian Contract Act, Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject. According to the recent amendment in the Indian Majority Act, a minor is one who has not completed 18 (eighteen) years of age irrespective of whether or not a guardian has been appointed for the minor.

According to the Indian Contract Act 1872, section 11, a minor cannot be party to the contract, in other words, the agreement with a minor is void ab initio (from the start).
Minor’s agreement being absolutely void, neither party acquire any right, or incurs any liability, under the agreement.

In Mohiri Bibi v Dharmodas Ghose (1903) 30 Cal. 539 (P.C.), the court (privy council) held that the agreement is void ab initio because of the fact that it is made with a minor. Hence the property was conveyed to the defendant and the money advanced to the defendant was allowed to keep with him.

Q87. Discuss the main objective of “Juvenile Justice (Care and Protection) Act, 2000

The following are the objectives of the Juvenile Justice (Care and Protection of Children) Act, 2015.

To lay down the basic principles for administering justice to a juvenile or the child in the Act;
To make the juvenile justice system meant for a juvenile or the child more appreciative of the developmental needs in comparison to the criminal justice system as applicable to adults;
To bring the juvenile law in conformity with the United Convention on the Rights of the Child;
To prescribe a uniform age of eighteen years for both boys and girls;
To ensure speedy disposal of cases as enshrined under Article 21 of the Constitution of India by the authorities envisaged under this Act regarding juvenile or the child within a time limit of four months;
To spell out the role of the State as a facilitator rather than doer by involving voluntary organizations and local bodies in the implementation of the proposed legislation;
To create special juvenile police units with a humane approach through sensitization and training of police personnel;
To enable increased accessibility to juvenile or the child by establishing Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts;
To minimize the stigma and in keeping with the developmental needs of the juvenile or the child, to separate the Act into two parts—one for juveniles in conflict with the law and the other for the juvenile or the child in need of care and protection;
To provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship, and aftercare of abandoned, destitute, neglected, and delinquent juvenile and child.
To allow juveniles between the age group of 16-18 years to be tried as adults for heinous offenses.

Q88. Write in detail about the status of the women in pre-independence India and trace some of the historical events which led to the improvement of their status.

The British came to India in 1600 A. D. For nearly 200 years in their East India company incarnation there were no real efforts made to address questions of social inequality or social oppression. The need for cheap labour and exploitation of natural resources were at the core of the imperial economy and it did not initially touch upon the social scene. Hence social evils such as sati, suppression of widow, denial of the right to education for women, and child marriage flourished unchecked. At the advent of the British rule, the position of women in India was at its lowest ebb.

During the colonial era, many Indians acquired western education and were introduced to the concepts of freedom, equality, and fraternity proclaimed during the French revolution. These educated people emphasized the equality of women with men. They challenged the caste system. The British government took bold steps to reform the caste-ridden Indian social order.

Most of the reform movements Brahma Samaj of 1825 (Founded by Raja Ram Mohan Roy), Prarthana Samaj of 1897 (Founded by Dadoba Pandurang and Atmaram Pandurang) and Arya Samaj of 1875 (Founded by Swami Dayanand Saraswati), Satyashodhak Samaj (Founded by Mahatma Jyotiba Phule), and Widdow Remarriage Movement (By Ishwar Chandra Vidyasagar) were led by male reformers who set the limit of the freedom and development of women. These reformers attacked only those practices that were extremely cruel or visibly violent (affecting only high caste Indian women). They rarely challenged the kinship structures of women’s subordination, sanctity of marriage and family, the sexual division of labour, and caste hierarchies which perpetuated inequalities. Women reformers like Pandita Ramabai, Rukhmabai, and Tarabai Shinde pointed out the biases of their contemporary male reformers. PanditaRamabai began the movement that put emphasis upon the freedom of women within the Indian society. During this period, there were many ladies, who mastered the art of martial arts.

The Sati (Abolition) Act, of 1829 is considered a great achievement of the reformist movement. There is an economic reason for the prevalence of widow immolation. Sati effectively prevents the inheritance by widows. The Widow Remarriage Act, 1856 was recognized by law in 1856. The Child Restriction Act, 1929, and The Woman Property Right Act, 1937 were some Acts passed during this period which helped in the social reformation in India. The Dissolution of Muslim Marriage Act 1939 gave to a Muslim wife the right of judicial separation from her husband that was denied to her earlier.

In spite of some reforms, the status of women within the society was in an underprivileged state. They were not having any right to claim success in the property of their own family members. Therefore, as far as property matters are concerned, the position of women was not given recognition, as they were not given any inheritance rights. They were dependent upon the male members of the family for fulfilling all their needs and requirements.

Woman’s participation in India’s freedom struggle began as early as in 1817. Bhima Bai Holkar fought bravely against the British colonel Malcolm and defeated him in guerilla warfare. Many women including Rani Channama of Kittur, Rani Begam Hazrat Mahal of Avadh fought against the British East India company in the 19th century. Rani Lakshmibai was the great warrior of the First War of Indian Freedom. She showed the embodiment of patriotism, self-respect, and heroism. Sarla Devi, Muthulaxmi Reddy, Susheela Nair, Rajkumari Amrit Kaur, Sucheta Kripalani, and Aruna Asaf Ali were some of the women who participated in the non-violent movement. Samiti, Suniti, Bina Das, Kalpana Dutta, and Preetilata Waddedar are well-known women revolutionaries.

Q89. Discuss in detail with the help of case laws about the Restitution of the Conjugal Rights under the Hindu Marriage Act, 1955.

Section 9 of the Hindu Marriage Act (HMA), 1955 and Section 22 of the Special Marriage Act (SMA), 1954 provides for restitution of conjugal rights which states that if a husband or a wife has withdrawn from the society of the other without any reasonable excuse, then, the aggrieved party can file a petition before the District Court for restitution of conjugal rights i.e. to bring the spouse back to live with the other spouse. The court may grant a decree of conjugal rights if it is satisfied that the petition is based on truth and there is no legal ground for dismissing the petition.

Conditions for acquiring Decree of Restitution of Conjugal right:

The other spouse has withdrawn from the society of the petitioner.
There is no reasonable excuse for such withdrawal. Should the respondent allege reasonable excuse, the burden of proof lies on him/her.
The court satisfied as to the truth of the statements made in the petition.
No legal grounds exist for refusing the decree.

Section 9 has always been in controversy regarding its constitutional validity. In the case of T. Sareetha v. T. Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as unconstitutional for being violative of the right to privacy and human dignity guaranteed under Article 21 of the Constitution of India. Justice P.A. Choudhary observed that Section 9 is the grossest form of violation of the right to privacy. Forcing a spouse to have sexual relations with her spouse deprives her of the right to control her own body. The state cannot coerce a spouse to prolong the voluntary union of her with her spouse in their relationship. The state by coercion can neither soften the ruffled feelings between a couple nor can it clear the misunderstanding between them. The judge even observed that Section 9 is not promoting any public purpose, rather it is violative of right to equality under Article 14 of the Indian Constitution as well.

Q90. Discuss in detail about the establishment, jurisdiction, powers and functions of the family court.

Family courts are specialized courts that were established with the goal of preserving the welfare of the family through the use of a multi-disciplinary approach to resolving family problems within the framework of the law.

Establishment of Family Court:

Section 3 of the Family Courts Act, 1984, lays provision for the establishment of one Family Court. The State must establish a Family Court for every area in the State comprising a city or town whose population exceeds one million in consultation with the High Court by giving notification in Official Gazette. Similarly, the State Government, after consultation with the High Court, must specify, by notification, the local limits of the area to which the jurisdiction of such Court shall extend and may, at any time, increase, reduce or alter such limits. State Government can establish Family Court for other areas in the State as the State Government may deem necessary.

Jurisdiction of Family Court:

Section 7 of the Family Courts Act, 1984 deals with the Jurisdiction of Family Courts in India. It was decided that all matters related to the family, such as separation, divorce, alimony and maintenance, custody, guardianship, education and financial support to children, etc. should fall under the jurisdiction of the family court.

Powers of Family Court:

Family Court shall be deemed to be a civil Court (except for proceedings relating to Maintenance of wives, children and parents relating to the Code of Criminal Procedure)
Family Court is allowed to consider any evidence if it aids effectively in dealing with a dispute despite its admissibility under the Indian Evidence Act of 1872.
Judge of a Family Court has the power to order for recording the oral evidence given by a witness.
Family Court judge may summon and examine any person who is part of an affidavit submitted in the court as any form of evidence.

Functions of Family Court:

The family Court shall make an endeavor to assist and persuade the parties in arriving at a settlement. If the Court feels that there is a reasonable possibility of a settlement the Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to arrive at a settlement.
The Court shall record what the witness deposes and the memorandum shall be signed and form a part of a record.

The post Law Relating to Women and Children Questions 81 to 90 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 71 to 80

Hemant More — Mon, 06 Jun 2022 12:50:27 +0000

Q71. What is Maternity Benefit?

Maternity Benefit is a payment made to women who are on maternity leave from work. Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence. Every woman employee who may be employed directly or through any contractor and who has worked in an establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery shall be entitled to for the benefits.

Cash Benefits

Leave with average pay for six weeks before the delivery.
Leave with average pay for six weeks after the delivery.
A medical bonus if the employer does not provide free medical care to the woman.
An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth.
In case of miscarriage, six weeks leave with average pay from the date of miscarriage.

Non Cash Benefits/Privilege:

Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
Two nursing breaks in the course of her daily work until the child is 15 months old.
No discharge or dismissal while she is on maternity leave.
No change to her disadvantage in any of the conditions of her employment while on maternity leave.
Pregnant women discharged or dismissed may still claim maternity benefit from the employer.

Q72. State any three functions of Human Rights Commission.

Section 12 of the Protection of Human Rights Act, 1993 deals with the functions of the National Human Rights Commission. According to this section the Commission shall perform all or any of the following functions:

Inquire, Suo moto, or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation by a public servant;
Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such Court;
Visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the government.
Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommended measures for their effective implementation.
Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommended appropriate remedial measures.
Study treaties and other international instruments on human rights and make recommendations for their effective implementation.
Undertake and promote research in the field of human rights.
Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
Encourage the efforts of non-governmental organisations and institutions working in the field of human rights.
Such other functions as it may consider necessary for the promotion of human rights.

Q73. Write short note on ‘Reservation of seats for women in Panchayat’

Decentralising power at the grassroots; level was on the national agenda for many years. It became a reality through the 73rd and 74th amendments to the Constitution in April 1993. The 73rd amendment, among other things, handed over the reins of power to the people at the panchayat level with a 33 per cent reservation of certain seats and key positions within the panchayat to women. The amendment also made it mandatory for all states to hold gram panchayat and municipal elections and empowered these bodies to undertake development activities at the local level. Some states like Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Kerala, Maharashtra, Orissa, Rajasthan, Tripura and Uttarakhand had made legal provision for 50% reservation for women among members and Sarpanches.

Panchayat’, being “Local government”, is a State subject and part of State list of Seventh Schedule of Constitution of India. Clause (3) of Article 243D of the Constitution ensures participation of women in Panchayati Raj Institutions by mandating not less than one- third reservation for women out of total number of seats to be filled by direct election and number of offices of chairpersons of Panchayats. Now that women’s participation in panchayats is slowly and surely making an impact on grassroots governance, it can be said that the foundations have been laid to extend this social revolution to all levels of decision – making.

Q74. Explain aims and objectives of Dowry Prohibition Act.

Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

by one party to a marriage to the other party to the marriage; or
by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Objects of Dowry Prohibition Act:

Dowry is an ancient system under which the parents of the bride pay the bridegroom and/or his parent money, goods or estate honouring the bridegroom’s willingness to accept the bride in the marriage. This system resulted in injustice to girls, mental torture of women, and an increase in number of divorces. In some cases, it resulted into death of women. To actively work for creating a dowry free society without adversely affecting the institution of marriage, family structure, and implication of innocents, the Dowry Prohibition Act, 1961 was enacted.
The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with an objective to prohibit presenting, obtaining or demanding dowry by any means from either of the party to the marriage.

Q75. State the objects of Medical Termination of Pregnancy Act.

On the basis of the Shantilal committee report submitted in December 1966, a medical termination bill was introduced in both the Lok Sabha and Rajya Sabha and was passed by the parliament in 1971. This Act is applicable to the whole of India. This Act has been in force with effect from 1^st April 1972. The act was further revised in the year 1975 to make it less complicated and more effective.

Objects of Medical Termination of Pregnancy Act, 1971:

There are situations in pregnancy, such that the life of the mother or the life of the child in the womb, is in danger. This Act has been enacted mainly with a view to save the life of the mother. Under this Act, the pregnancy of the mother can be terminated

On medical grounds, like when the physical or mental health of the mother is at risk;
On humanitarian grounds, like when there is a forced pregnancy because of rape;
There is a possibility of the birth of a deformed child.

Q76. Explain Restrain of Child Marriage

Child Marriage Restrain Act, 1929:

According to the Act, “Child” means a person who, if a male, has not completed twenty-one year of age, and if a female, has not completed eighteen years of age. “Child marriage” means a marriage to which either of the contracting parties is a child.

According to Section 3 of the Act,whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
According to Section 4 of the Act, whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.
According to Section 5 of the Act, whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child-marriage.
According to Section 6 of the Act, where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Q77. Explain – Need for Uniform Civil Code.

Need of UCC:

Protection to Vulnerable Section of Society: The UCC aims to provide protection to vulnerable sections as envisaged by Dr. B. R. Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.

Q78. Explain – Sexual Harassment of women at Workplace

Physical contact or advances.
A demand or request for sexual favours.
Sexually coloured remarks.
Showing pornography.
Any other unwelcome conduct whether it is physical, verbal or non-verbal.

After 16 years of Vishakha case, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 was enacted with the objective to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or incidental thereto.

Q79. What is difference between dowry and stridhan?

Dowry is different from Stridhan in various ways, although both the concepts would come into the picture at the time of marriage.

The term “Stridhan” literally means the “woman’s property”. According to the Smritika, the Stridhan constituted those properties which she received by way of gifts from her relatives, which included mostly movable property such as ornaments, jewellery, dresses. Sometimes even land or property or even houses were given as gifts. The purpose behind deeming properties as “Stridhan” was to ensure that “The woman” had full right over its disposal or alienation. On her death, all types of Stridhan, devolved upon her heirs. The Dowry Prohibition Act 1961 does not bar traditional giving of presents at or about the time of wedding.

Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

by one party to a marriage to the other party to the marriage; or
by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Dowry is an ancient system under which the parents of the bride pay the bridegroom and/or his parent money, goods or estate honouring the bridegroom’s willingness to accept the bride in the marriage. This system resulted in injustice to girls, mental torture of women, and an increase in number of divorces. In some cases, it resulted into death of women. Under the Dowry Prohibition Act, 1961, taking dowry is punishable offence.
Shridhan is a gift from her relatives to the bride, while dowry is a demand of valuable property by relatives of the groom from relatives of the bride.

Q80. Name any three functions of the National Commission of Women

The Commission shall perform all or any of the following functions:

Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.

The post Law Relating to Women and Children Questions 71 to 80 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 61 to 70

Hemant More — Mon, 06 Jun 2022 12:44:45 +0000

Q61. Write short note on “International Labour Organisation”.

The International Labour Organization (ILO) is a UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. The ILO was founded in accordance with Part XIII of the Treaty of Versailles, commonly called the Labour Section on April 19, 1919, by the Peace Conference as an autonomous body associated with the League of Nations. It became the first specialized agency of the United Nations in 1946. In fact, ILO is the only international organisation that survived the Second World War even after the dissolution of its parent body ‘the League of Nations’.

The ILO has the following principle strategic objectives:

to promote and realize standards and fundamental principles and rights at work;
to create greater opportunities for women and men to secure decent employment;
to enhance the coverage and effectiveness of social protection for all;
to strengthen tripartism and social dialogue.

These objectives are realized in a number of ways:

formulation of international policies and programmes to promote basic human rights, improve working and living conditions, and enhance employment opportunities;
creation of international labour standards in the form of Conventions and Recommendations, backed by a unique system to supervise their application;
an extensive programme of international technical cooperation;
training, education, research, and publishing activities to help advance all of these efforts.

187 Conventions and recommendations on social and labour issues have been adopted since 1919. ILO Headquarters are located in Geneva, Switzerland. Being an original signatory of the treaty of peace, India became a member of ILO in 1919.

Q62. What is “Domestic Violence”?

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines the term ‘Domestic Violence’ as follows:

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

Q63. A Hindu wife “X” wants to live separately from her husband “Y”, without taking a divorce, on account of cruelty. Advise her.

She can ask for judicial separation from husband under Section 10 of the Hindu Marriage Act, 1955. Either party to the marriage, whether solemnized before or after the commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act, file a petition for judicial separation. After a decree is passed in favour of the parties, they are not bound to cohabit with each other. It is a temporary suspension of marital rights between the spouses. The parties remain husband and wife. Thus, in judicial separation, the marriage subsists.

Judicial separation can be allowed only if the marriage is valid. If the parties want to resume cohabitation, an order of the court rescinding the decree will be necessary. Generally, the court will rescind the decree whenever parties ask for it. If the cohabitation is not resumed for a period of one year or more after the passing of the decree of judicial separation, any party may apply for divorce under Section 13 (1-A) (i) of the Hindu Marriage Act, 1955.

After a decree is passed in favor of the parties,

They are not bound to cohabit with each other;
They are entitled to separate from each other and all basic marital obligations remain suspended;
Marital intercourse no longer remain enforceable;
Marital obligations and rights are not available to them;
They cannot remarry during the period of separation;
Either party may be entitled to get maintenance from the other if the situation so warrants.
If any of them remarries, he or she will be guilty of bigamy.
In the event of one of the parties dying, the other party will inherit the property of the deceased spouse. (Narasimha Reddy and others v. M. Boosamma AIR 1976 AP 77)

Q65. Meena is working as a clerk in a government office. The office manager, Rajesh, keeps threatening her that unless she agrees to do some sexual favour to him, she will lose her job. Advise Meena on what remedies she can ask for.

Physical contact or advances.
A demand or request for sexual favours.
Sexually coloured remarks.
Showing pornography.
Any other unwelcome conduct whether it is physical, verbal or non-verbal.

Under Section 9 of theSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, she can register a complaint. The Section lays down that any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident

Q70. Explain in short property rights of women.

Hindus:

Section 14(1) of the Hindu Succession Act, 1956explicitly declares the law that a female holds all property in her possession whether acquired by her before or after the commencement of the Act as an absolute owner and not as a limited owner. The rule applies to all property movable and immovable howsoever and whenever acquired by her, but subject to the qualification mentioned in Subsection (2).

According to sub-section 14(2) of the Act, the female Hindu does not become absolute owner of the property acquired by gift, will or any other instrument, decree or order of a Civil Court or an award if such gift, will or instrument, decree, order or award gives her only restricted right.

A Hindu woman has the same right to her deceased parents’ property as that of a Hindu male. Similarly, there is no distinction between the rights of a man and a woman, when it comes to the inheritance of property from a deceased parent. In fact, a woman, being the mother, is entitled to an equal share as the wife and children of her son who has died intestate.

Muslims:

A Muslim woman governed by the Muslim Personal Law, is entitled to get 1/8th share of her husband’s property if the couple had children, else she gets 1/4th share. When the parents of a Muslim woman die, even daughters become the rightful legal heirs of their estate. However, the quantum of the share of a female heir is half of that of the male heirs.

Christians:

In case of Christians, Parsis and Jews, the Indian Succession Act, 1925 is applicable. A Christian woman is entitled to a pre-determined share.

Parsi:

A Parsi widow is entitled to get an equal share as her children besides the deceased’s parents who get half of the child’s share, in her husband’s estate. And in the absence of the parents, the property is distributed between the Parsi woman and her children, so that the widow and each child receive equal shares in the estate of the deceased.

The post Law Relating to Women and Children Questions 61 to 70 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 51 to 60

Hemant More — Mon, 06 Jun 2022 05:52:33 +0000

Q51. What is the Minimum Age Convention?

The International Labour Organization (the ILO) has regulated child labour through the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination of harmful labour practices.

The Minimum Age Convention (No. 138) was adopted in 1973 and became effective in June 1976. This Convention revised industry-specific conventions that had been adopted after 1919. Previous minimum-age conventions had applied to certain occupational groups only or to certain sectors of the economy, such as agriculture, industry, and underground work, but this particular Convention was intended to have application in all spheres of economic activity. The Convention requires State Parties specify a minimum age for labour as a mechanism to abolish child labour. The minimum age specified by the Convention is 15 years, however, State Parties are allowed to set 14 years as a minimum age if restricted to a certain amount of time. The Convention allows younger children (<15 years) to engage in light labour. The Committee of Experts is responsible for monitoring and supervising the effective implementation of the Convention. State Parties must submit a report which reflects on the status of implementation every three years. The Minimum Age Convention is part of the 15 core conventions covered under the GSP regulation.

After the ratification of the convention, many countries have adopted domestic laws prohibiting harmful labour and child labour. The aim of the Minimum Age Convention was the progressive eradication of child labour.

Q52. Which type of ceremony is important for legalizing Christian marriage?

According to The Indian Christian Marriage Act of 1872, the following are required to be fulfilled to constitute a valid marriage. The marriage must be performed in the presence of a person licensed to grant a certificate of marriage and at least two reliable witnesses.

Under the Indian Christian Marriage Act, a Christian Marriage is performed between the parties to the marriage with accordance to the rituals which is considered to be essential and proper by the Minister or the Priest designated to perform the wedding. The presence of two eligible witnesses other than the minister or the priest performing the marriage is a mandatory requirement at the marriage ceremony. A marriage cannot be performed if it is not performed within two months from the issuance of the certificate of notice. In such a case, a new certificate of notice has to be applied for and issued to solemnise the marriage.

Christian marriage can be Solemnized only between time interval of 6am to 7 pm. The marriage only solemnized at a church where worship is Generally held in a form of church of England as permitted by Sec. 11 to Clergyman of the church. Otherwise if there is no Church within a 5 miles distance then special license is permitted to the clergyman to solemnize the marriage at any other places.

Q53. Discuss the constitutional validity of restitution of conjugal rights with the help of leading case law.

Section 9 has always been in controversy regarding its constitutional validity. In the case of T. Sareetha v. T. Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as unconstitutional for being violative of the right to privacy and human dignity guaranteed under Article 21 of the Constitution of India. Justice P.A. Choudhary observed that Section 9 is the grossest form of violation of the right to privacy. Forcing a spouse to have sexual relations with her spouse deprives her of the right to control her own body. The state cannot coerce a spouse to prolong the voluntary union of her with her spouse in their relationship. The state by coercion can neither soften the ruffled feelings between a couple nor can it clear the misunderstanding between them. The judge even observed that Section 9 is not promoting any public purpose, rather it is violative of right to equality under Article 14 of the Indian Constitution as well.

Q54. What are the Four core principles of the Convention on the Rights of the Child?

These four principles contribute to a general attitude towards children and their rights. They are based on the notion that children too are equal as human beings.

Q55. Write a short note on Movement towards Uniform Civil Code

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.

Article 44 lays down that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Thus 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. However, Article 37 of the Constitution itself makes it clear the Directive Principles of State Policy “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.

Need of UCC:

Protection to Vulnerable Section of Society; .
Simplification of Laws;
Adhering to Ideal of Secularism; and
Gender Justice

The demand for a uniform civil code has been framed in the context of communal politics. A large section of society sees it as majoritarianism under the garb of social reform. Article 25 of Indian constitution, that seeks to preserve the freedom to practise and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of Indian Constitution.

Q56. Define “Children‟s Home” under “The Juvenile Justice Act”.

According to Section 2(e) of the Juvenile Justice (Care and Protection of Children) Act, 2000, “children’s home” means an institution established by a State Government or by a voluntary organisation and certified by that Government under section 34 of the Act.

Under Section 50 of the Act,

(1) The State Government may establish and maintain, in every district or group of districts, either by itself or through voluntary or non-governmental organisations, Children’s Homes, which shall be registered as such, for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation.
(2) The State Government shall designate any Children’s Home as a home fit for children with special needs delivering specialised services, depending on requirement.
(3) The State Government may, by rules, provide for the monitoring and management of Children’s Homes including the standards and the nature of services to be provided by them, based on individual care plans for each child.

Q57. What are the matters considered by the court in the appointment of a Guardian

Section 4 Clause (b) of the Hindu Minority and Guardianship Act, 1956, says “guardian” means a person having the care of the person of a minor or of his property or of both his person and property.

Section 17 of the Guardians and Wards Act, 1890 deals with the matters to be considered by the Court in appointing a guardian. In determining as to what will be for the welfare of the minor, the age, the sex, personal laws, the character and capacity of the guardian, his nearness of kin to the minor, the wishes (if any) of the minor’s deceased parent and previous and existing relations of the minor with the proposed guardian. If the minor is old enough to form an intelligent preference, the Court may also consider such preference.

The term ‘welfare’ should be understood in a very wide sense and includes not only the material and physical wellbeing of the minor but every factor connected with the moral and religious welfare, education and upbringing of the minor.

Q58. What is law relating to Child Labour?

The Mines Act of 1952: Mining being one of the most dangerous occupations, the Act prohibits the employment of children below 18 years of age in a mine.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment or in bondage.

The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children.

Other Acts are:

Indian Stem Vessel Act, 1917
The Children Pledging of Labour Act, 1933
Employment of ChildrenAct, 1938
Merchant Shipping Act, 1958
Motor Transport Workers Act, 1961
Beedi and Cigarette Workers (Conditions of Employment) Act, 1966
Contract Labour (Regulation and Abolition) Act, 1970

Q59. What are the constitutional provisions relating to Child Education?

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

In the case of Mohini Jain v. State of Karnataka, 1992, (1992) 3 SCC 666, and Unnikrishnan v. State of Andhra Pradesh, 1993, (1993) 1 SCC 645, it was contested that the right to education must be a fundamental right. Until then right to education was included as a non-enforceable right under the Directive Principles of State Policy. The Supreme Court held that the right to life includes the right to education and incorporated it as a fundamental right under Art. 21-A.

Q60. Describe the “Juvenile Justice Board”.

The member of the juvenile justice council may be dismissed after an investigation by the state government for the following reasons:

If he has been found guilty of misuse of power under this Act, or
He/she has been convicted of an offence involving moral turpitude, and this conviction has not been reversed or he/she has not been totally pardoned for this offence, or
He fails to attend Board proceedings for three consecutive months without cause or fails to attend at least three-quarters of the meeting in one year.

The post Law Relating to Women and Children Questions 51 to 60 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 41 to 50

Hemant More — Sat, 04 Jun 2022 12:07:35 +0000

Q41. Write a short note on Muta Marriage?

There are four essentials of muta,

Form, i.e., proper contract which means declaration and acceptance.
Subject, i.e., a man may contract a muta with a woman professing the Mohammedan, Christian or Jewish religion or even with a fire- worship. Relations prohibited by affinity are also unlawful in such marriage;
The term, which means that the period of cohabitation should be fixed, which may be a day, a month, a year or a term of years; and
Dower.

Q42. Define Iddat its objects and procedures?

A marriage could be dissolved either by divorce or death of the husband. the period of iddat in these two situations is as follows

Dissolution of Marriage by Death:

in the case of a woman who is pregnant at the time of husband ‘s death the period of iddat is four months and ten days or until delivery, whichever period is longer .
if the woman is not pregnant ,the period is four months and ten days.

Dissolution of Marriage by Divorce:

if a woman is subject to menstruation, the period of iddat upon divorce is three courses.
if the woman is pregnant at the time of divorce, the iddat lasts until delivery whether it is less or more than three months, iii) if the woman is not subject to menstruation, it is tree lunar months.

Q43. Modes of dissolution of marriage in Muslim law.

A valid Muslim marriage can be brought to an end under any of the following circumstances:

Apostacy: Apostacy means the abandonment or renunciation of a religious or political belief or principle. Apostacy can be of any spouse, either of the husband or of a wife. In case apostacy, the marriage can be dissolved under Muslim Marriage Act, 1939.
Death of any party: Death of any party to the marriage brings an end od matrimonial bonds.
Divorce: It may be statutory or non-statutory. Divorce is by any method recognized by Muslim law.
Option of Puberty: Under this option, a minor can repudiate his or her marriage in accordance with the provisions of Muslim Marriage Act, 1939.
Marriage between parties under absolute prohibitions: If such marriage is prohibited, then it is void. Under relative prohibitions it is not void but can be modified.

Q44. What are UNICEF publications?

Specialized UNICEF divisions and offices, disseminate reports reflecting technical expertise in child-centred practice and policy, such as on social inclusion, policy and budgeting.

Q45. What is Adultery? What is the punishment for Adultery in India?

Q46. Comment on this Statement- Adultery is not a Crime.

Q47. How is “stalking” defined legally? And what can be done about stalkers?

The victims of cyberstalking should take the following steps:

For minors, inform parents or a trusted adult
File a complaint with the cyberstalker’s Internet service provider
Collect evidence, document instances and create a log of attempts to stop the harassment
Present documentation to local law enforcement and explore legal avenues
Get a new email address and increase privacy settings on public sites
Purchase privacy protection software
Request removal from online directories
Never agree to meet the stalker in person.
Do not accept the request on social media till confirmation.

Q48. What offences are covered under the Domestic Violence Act?

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines the term ‘Domestic Violence’ as follows:

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

The expression “Domestic Violence” has been defined in sec 3 of the Act. It is very comprehensive. It embraces wide range of wrongs. Roughly it includes physical injury, mental harm, sexual harassment, economic exploitation, emotional abuse and many acts of commissions and omissions rooted in gender discrimination, inequality, subordination and injustice.

Q49. Can a Medical Officer refuse to render medical assistance if the aggrieved woman comes directly, without the Protection Officer?

Q50. Write a short note on the National Commission for Women.

The Commission shall perform all or any of the following functions:

Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.
Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order to suggest techniques for their expulsion
Research: Undertake the promotional and educational research so as to propose ways of ensuring due representation of women in all fields and identifies the factors responsible for impeding the support services and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
Participation in all spheres particularly in Planning: take part and advice on the planning process of socio-economic development of women
Evaluation: assess the progress of the development of women society under the Union and State.
Inspection: investigate or cause to be inspected a jail, remand home women’s establishment or other places of guardianship where ladies are kept as detainees.
Funding: fund litigation, relating issues affecting a large body of women.
Reporting: make periodical reports on any issue pertaining to women and in particular various difficulties under which women toil.

The post Law Relating to Women and Children Questions 41 to 50 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 31 to 40

Hemant More — Sat, 04 Jun 2022 05:31:27 +0000

Q31. Write about the Social Reform Movement in India related to Women in India.

Q32. Write a short note on Laws relating to Dowry.

Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

by one party to a marriage to the other party to the marriage; or
by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with an objective to prohibit presenting, obtaining or demanding dowry by any means from either of the party to the marriage.

Important provisions under the Act are as follows:

Sec 3 of the Act says giving as well as taking dowry is an offence and its abetment is punishable with imprisonment and fine.
Under Section 4 of the Act, demanding dowry is also an offence when a person demands, directly or indirectly any dowry from parents, guardian or relatives of a bride or bridegroom is punishable with imprisonment and fine.
Under Section 4A of the Act, any person who advertises through media that he is going to give his property which will be in cash or in-kind as consideration for a marriage of his daughter or any of his relative is punishable with imprisonment and fine..
Under Section 5 an agreement for giving and taking dowry to be void ab initio.
Section 6 of the Dowry Prohibition Act enumerated that when the dowry received before marriage it should be returned within three months after the date of marriage. When the same is received at the time or after the marriage, it should be returned within three months after the date of its receipt. When it is received when the women was a minor than it must be returned to her within three months after she attains her majority. (18 yrs.). Failing to which is punishable with imprisonment and fine.
According to Sections 7, 8 Taking dowry is a cognizable, non-bailable, non-compoundable offence. Burden of proof lies on person receiving dowry.

Q33. Elaborate the Constitutional Concerns on Article 15(3), Article 24 and Article 45?

With the prevalence of male dominance, there were constraints imposed upon women in terms of the number of aspects, these include, acquisition of education, employment opportunities, forced child marriage, purdah system, sati, and so forth. Children is also vulnerable class. Our Constitution Makers special provisions in the Constitution for upliftment of women and children.

According to Article 15 Clause 3 of the Constitution, nothing in this article shall prevent the State from making any special provision for women and children. Women and children are considered as one of the most vulnerable classes to social disparity. Under this provision State has been given power to make special provisions for women and children. Under this article special laws for women and children are made e.g. Juvenile Justice Act, etc.

According to Article 24 of the Constitution, no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. It is made punishable offence to employ a child below 14 years in establishment.

According to Article 45 of the Constitution,the State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. By amendment Article 21A is inserted in the Constitution making education as fundamental right of every child.

Q34 When does children’s work become child labour?

“Child” as defined by the Child Labour (Prohibition and Regulation) Act, 1986 is a person who has not completed the age of fourteen years.

International Labour Organisation (ILO) defines the term child labour as, “work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that is mentally, physically, socially or morally dangerous and harmful to children, or work whose schedule interferes with their ability to attend regular school, or work that affects in any manner their ability to focus during school or experience a healthy childhood.”

The main reasons for child labour are illiteracy, unemployment, poverty. The problem of child labour is everywhere, but it is acute in the third world countries. According to a report of UNO the maximum child labourers in the world are in India. At times, children are exposed to harmful chemicals in factories (fireworks, machinery, etc) or engage in dangerous and exploitative child labour which is reckoned to be detrimental for their health and growth. Child labour violates Article 21 (right to life), Article 23 (right to protection from forced labour), Article 24 (right to protection from hazardous employment) of the Constitution of India.

Q35. What is the International Labour Organization doing to combat child labour?

The ILO’s International Programme on the Elimination of Child Labour (IPEC) was created in 1992 with the overall goal of the progressive elimination of child labour, which was to be achieved through strengthening the capacity of countries to deal with the problem and promoting a worldwide movement to combat child labour. IPEC currently has operations in 88 countries.

IPEC’s work to eliminate child labour is an important facet of the ILO’s Decent Work Agenda. Child labour not only prevents children from acquiring the skills and education they need for a better future, it also perpetuates poverty and affects national economies through losses in competitiveness, productivity and potential income. Withdrawing children from child labour, providing them with education and assisting their families with training and employment opportunities contribute directly to creating decent work for adults.

While the goal of IPEC remains the prevention and elimination of all forms of child labour, the priority targets for immediate action are the worst forms of child labour, which are defined in the ILO Convention on the worst forms of child labour, 1999 (No. 182) as:

all forms of slavery or practices similar to slavery,
such as the sale and trafficking of children,
debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Q36. What are the causes of Domestic Violence in India?

There is no uniform or single reason that leads to domestic violence. It is a combination of various sociological/behavioural, historical, religious, and cultural factors that lead to perpetration of domestic violence against women.

Sociological/Behavioral Factors: Anger issues/aggressive attitude, poverty/economic hardship, difference in status, controlling/dominating nature, drug addiction, upbringing, psychological instability (bipolarism, depression, stress, etc.), neglect of conjugal responsibilities due to extra-marital affairs or lack of trust also contributes to domestic violence.
Historical Factors: The inherent evil of patriarchy and superiority complex that has prevailed for centuries among men.
Religious Factors: A subtle form of domination on women, if not direct and glaring, reflects in the religious sanctifications.
Cultural Factors: The desire for a male child. This obsession resulting from the lack of awareness and inherent male superiority leads to perpetration of domestic violence against women.
Dowry: The rampant domestic violence cases resulting from illegal demand of dowry.

Q37. Is there any benefit of 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 or 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.

It means a fake case can be filed against husband and family and they can immediately be arrested for the same and put behind bars. A typical 498A case runs for 5–7 years and the accused won’t be let out until they are proven not guilty.

In most of the cases, the complaint is settled by out of the court to extort money. The damage to the accused’s image can be extensive. 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.

In Sushil Kumar Sharma v. Union of India case, the Supreme Court held that the purpose of the provision is to prevent a threat to the dowry. But as the petitioner rightly satisfied that many instances have come to light where the complaints are not bonafide and are filed with oblique motive. In these cases, the acquittal of the accused will not wash out the ignominy incurred during and before the court in any case. Adverse media attention also contributes to the situation.

Q38. Discuss the Rights of Coparcener under Hindu Law?

According to the Hindu Succession Act, 1956, an individual who is born in a Hindu Undivided Family (HUF) has a legal right over his ancestral property. Therefore, he is a coparcener (joint-heir) by birth. A HUF is an entity where the eldest person of the family and his three generations remain undivided and all family members are coparceners who have a legal right over the ancestral property by birth. According to the Mitakshara system, the share of the coparceners is determined by survivorship. This share increases when a person dies in HUF and decreases with the addition in the family.

The rights of coparcener are as follows:

Every member of the HUF has the right to enjoy the coparcenary property and has the right to possession over the property.
A coparcener is entitled to get the maintenance of the coparcenary property from the estate of the family.
According to Hindu Law, if a coparcener misuses the coparcenary property, the other coparceners can restrain him for any further use or have legal rights over the property.
Every coparcener, whether young or adult has the right to demand partition of the family property.
Although the Karta has the power over the ancestral property, but it does not mean that he is able to affect the interest or share of the property between the coparceners.
No one other than the Karta has the power to alienate joint family property.

Q39. What are the provisions of Hindu Marriage Act,1955 regarding Maintenance and Alimony?

Maintenance is the amount payable by the husband to his wife in case she is unable to maintain herself either during the subsistence of the marriage or upon separation and divorce. It is often referred to as “alimony” or a kind of monetary support from the spouse i.e. spousal assistance. Maintenance should include necessarily include a provision for residence. These matters fall within the jurisdiction of the Family Courts which are established under the provisions of the Family Courts Act, 1984. Section 24 and Section 25 of the Hindu Marriage Act,1955 deals with the provisions of allowing pendente lite and permanent maintenance respectively.

According to Section 25 of the Hindu Marriage Act,1955, the Applicant being either the husband or wife is entitled to receive his or her maintenance from the spouse in the form of a gross sum or monthly sum for a term not exceeding the lifetime of the applicant or until the applicant remarries.

Section 24 of Hindu Marriage Act,1955deals with temporary maintenance. Temporary Maintenance is also referred to as maintenance pendente litewhich is awarded by the courts during the continuation of proceedings of the divorce. The purpose is to meet the necessary and immediate expenses of the spouse who is a party to the proceedings.

Section 15 and Section 16 of the Hindu Succession Act, 1956 deals with devolution of property of a Hindu female who died intestate.

40 A Hindu female is survived by her adopted son, natural born son, and an illegitimate son. Upon whom her property will devolve and in what Ratio?

Adopted son has equal rights as those of natural or biological son. There is no provision for rights of illegitimate son under the Act.

Thus, the property will get divided into the adopted son and the natural son equally i.e. each of them will get half the property. The illegitimate son will not get anything from the property.

The post Law Relating to Women and Children Questions 31 to 40 appeared first on The Fact Factor.

Law Relating to Women and Children Questions 21 to 30

Hemant More — Thu, 02 Jun 2022 14:27:32 +0000

Q21. Enumerate any 3 provisions under the Constitution of India for the benefit of children.

Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A)
Right to be protected from any hazardous employment till the age of 14 years (Article 24)
Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e))
Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f))
Right to early childhood care and education to all children until they complete the age of six years (Article 45)

Q22. Explain in brief the need for Uniform Civil Code.

Need of UCC:

Protection to Vulnerable Section of Society: The UCC aims to provide protection to vulnerable sections as envisaged by Dr. B. R. Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.

Q23. Discuss in brief the provision relating to maintenance of wife under section 125 of Criminal Procedure Code.

Maintenance is a term mostly associated with the financial support that a woman can claim from her husband after divorce. The explanation attached to Section 125(1) of the Code of Criminal Procedure says that the term ‘wife’ includes women who is divorced by or has obtained divorce from her husband and has not re-married. It is enough if the applicant’s wife succeeds in showing that they lived together as husband and wife. So, who all can claim maintenance under the definition of wife are:

Legally wedded wife
Divorced wife but not a re-married wife

If any person having sufficient means neglects or refuses to maintain his wife and unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife, at such monthly rate, as such Magistrate thinks fit, and to pay the same to wife as the Magistrate may from time to time direct. The Magistrate can pass an order for interim maintenance during the pendency of the suit. The maintenance amount order under Section 125 of CrPC must be adjusted according to decree from civil court. Maintenance under 125 of CrPC can be claimed by any woman, irrespective of any personal laws.

If a man is healthy and able-bodied, he must be held to possess the means to support his wife, children and parents and he cannot be relieved of his obligation on the ground that he is a mere boy and is unemployed.

Q24. Explain in brief the rights of Muslim Women in respect of “Dower‟.

The concept of dower for all Muslims are governed by Muslim personal law. Under Muslim law, dower is known as ‘mehr’. Mehr or Dower is a sum of money or other property to be paid or delivered to the wife. It is either specified or unspecified but in either case, the law confers a mandatory right of Mehr or Dower on wife. The Mehr (Dower) belongs to wife and she can deal with it in the manner she likes it and neither her husband nor husband’s relations nor even her relations can dictate her in matter of using the Mehr money or property.

Right to Dower: Every woman under Muslim law has the right to claim a dower on the commission of marriage. Muslim law confers upon a wife or a widow to some rights to compel to get the payment of dower.
Right to dower as debt- if the dower is debt then the widow is entitled along with other creditors to have it satisfied on the death of husband out of his bequest.
Right to cohabit- the wife has a right under Muslim to refuse to cohabit with her husband in case the prompt dower is not paid and if the marriage has not been consummated.
The right to retain her deceased husband’s property- wife has a right to retain his property until dower is paid if she has lawfully obtained the possession of her husband property.

Q25. What do you mean by Adoption? What are the provisions for a woman to adopt a child?

By adoption, a child is completely transferred from one family to another family and a number of legal consequences arise, both in the adoptive family as well as in the family of birth. All types of relationship in the family of the birth stands snapped after a child has given for adoption. The adopted child is entitled to succession, maintenance and other legal rights in the adopted family. The adopted child becomes legally dead for biological parents.

A Hindu woman can adopt a child provided she is of sound mind and not minor. Under this Section8 of the Hindu Adoption and Maintenance Act, 1956, a Hindu female who is not married can take a boy or girl or both in adoption subject to Section 11(IV). If she subsequently gets married her adopted child will be treated as step-son or step-daughter of her husband. However, she will continue to be the adoptive mother of the adopted child.

A married woman cannot adopt at all during the subsistence of her marriage even with the consent of her husband. A married woman may adopt in the following circumstances:

when her husband has completely and finally renounced the world
the husband has ceased to be a Hindu;
the husband has been declared by a court of competent jurisdiction to be of unsound mind.

In Narinderjit Kaur v. Union of India, AIR 1997 P&H 280 case, the Court held that where a child was given in adoption willingly by natural parents and was taken in adoption by adoptive mother through her attorney, it was held to be a valid adoption. It was also held that the subsequent marriage of adoptive mother does not invalidate adoption.

Q26. Enumerate 3 fundamental rights provided under the Constitution for protection of Women’s Rights.

Right to equality (Article 14)
Right against discrimination (Article 15)
Right to personal liberty and due process of law (Article 21)
Right to being protected from being trafficked and forced into bonded labour (Article 23)
Right of minorities for protection of their interests (Article 29)
Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46)
Right to nutrition and standard of living and improved public health (Article 47)

Q27. What do you mean by Sati? Which was the last recorded incident of Sati in India?

According to Section 2 (c) of the Commission of Sati (Prevention) Act, 1987, “sati” means the burning or burying alive of (i) any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative; or (ii) any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the women or other-wise.

On September 4, 1987, in the village of Deorala of Sikar district in Rajasthan, the 18-year-old Roop Kanwar mounted her husband Maal Singh Shekhawat’s funeral pyre and burned to death in its flames. Thirteen days later, at the traditional chunari ceremony, a crowd of at least 250,000 gathered at the site of her death to worship her as a goddess. At the time of the incidence, the Sati Prevention Act was not in existence. Hence the accused were tried under the Indian Penal Code for glorifying the incidence of ‘sati’. The Special Court acquitted all the accused, for the lack of evidence. Actually the crime was seen by thousands of people, but the law, its procedures, and legal machinery were totally inadequate to punish the guilty. This case is popularly known as ‘sati case’. Her death took place without the knowledge of her parents, who learned of it from newspaper reports. Her in-laws were found to be earning enormous sums from worshippers at a shrine erected to Roop on their private property, where they had held the funeral instead of at the public cremation site.

Q28. Discuss in brief the objects of Juvenile Justice (Care and Protection) of Children Act, 2000.

The following are the objectives of the Juvenile Justice (Care and Protection of Children) Act, 2015.

To lay down the basic principles for administering justice to a juvenile or the child in the Act;
To make the juvenile justice system meant for a juvenile or the child more appreciative of the developmental needs in comparison to the criminal justice system as applicable to adults;
To bring the juvenile law in conformity with the United Convention on the Rights of the Child;
To prescribe a uniform age of eighteen years for both boys and girls;
To ensure speedy disposal of cases as enshrined under Article 21 of the Constitution of India by the authorities envisaged under this Act regarding juvenile or the child within a time limit of four months;
To spell out the role of the State as a facilitator rather than doer by involving voluntary organizations and local bodies in the implementation of the proposed legislation;
To create special juvenile police units with a humane approach through sensitization and training of police personnel;
To enable increased accessibility to juvenile or the child by establishing Juvenile Justice Boards and Child Welfare Committees and Homes in each district or group of districts;
To minimize the stigma and in keeping with the developmental needs of the juvenile or the child, to separate the Act into two parts—one for juveniles in conflict with the law and the other for the juvenile or the child in need of care and protection;
To provide for effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship, and aftercare of abandoned, destitute, neglected, and delinquent juvenile and child.
To allow juveniles between the age group of 16-18 years to be tried as adults for heinous offenses.

Q29. Enumerate any 3 provisions given under ILO for protection of Labour.

The International Labour Organization (ILO) is a UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. The objectives of the ILO were redefined at the Philadelphia conference in 1944. This was termed as “Declaration of Philadelphia”. The following 10 objectives were enunciated at the Philadelphia Conference.

Full employment and the raising of standards of living.
Employ workers on jobs for which they have adequate skill and satisfaction to work.
Provide training and development facilities to achieve the above objective.
Provide due share of profit as compensation to ensure a minimum level of living standard to all employed and protection as and when needed.
Accept collective bargaining as a right of workers and a means of improving productivity between employees and management.
Extend social security measures to provide a basic income to all in need and also medical cover.
Protect the life and health of workers in all occupations.
Provision for child welfare and maternity protection.
Provide adequate nutrition, housing, and facilities for recreation and culture.
Provision for quality education and vocational opportunity.

Q30. Explain in brief any three provisions relating to Welfare and Safety of women under the

Factories Act, 1948.

Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.
Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a factory for pressing cotton in which a cotton opener is at work.
Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

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