Law Relating to Women and Children Questions 111 to 120

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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