Law Relating to Women and Children Questions 41 to 50

Q41. Write a 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.

Q42. 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.

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?

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-centred practice and policy, such as on social inclusion, policy and budgeting.

Q45. 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.

Q46. 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.

Q47. 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.

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—

(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 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?

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.

Q50. Write a short note on 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.

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