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