Law Relating to Women and Children Questions 91 to 100

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:

1. 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.
2. 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.