31 Women’s Empowerment and Social Legislation Block-6-UNIT-31 SMALL SIZE.pdf · 31 Women’s...

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Women’s Empowerment andSocial Legislation

* Nimisha Gupta

Introduction

Among the several indicators of status of womenin a given society is the nature and extent of legalmeasures taken to grant them certain legal rightsand status. One of the most basic causes for thewoman’s inferior status is the inadequacy of thelegal system to keep pace with the changing needsand times and to provide her with the frameworkwhich would enable her to contribute fully to society.Law includes not only the provisions of the Constitutionand legislation, but also the judgments andgovernmental decisions and actions. This chapterwill give you an overview of salient features of laws,their effectiveness and the possibilities of promotinga gender- sensitive judicial and legal system.

We begin with the provisions of the IndianConstitution.

Use of LawsIndian Constitution

Social justice is the human essence of the IndianConstitution. In its Preamble, the Constitution resolvesto secure social, economic and political justice, liberty,equality and dignity to every person, man or woman.

The main provisions of the Indian Constitution havingbearing on women’s social, economic and politicalstatus are summarised below:

* Nimisha Gupta, M.G. Kashi Vidyapith, Varanasi

Women’s Empowerment and Social Legislation 333

Preamble

a) To secure to all citizens justice – social, economicand political

b) Liberty of thought, expression, belief, faith andworship

c) Equality of status and opportunity

Fundamental Rights

i) Equality before Law

The State shall not deny to any person equalitybefore the law or the equal protection of the lawswithin the territory of India.

Article 15(I)

ii) Right against Discrimination

The State shall not discriminate against any citizenon grounds of religion, race, caste, sex, place ofbirth or any of them.

Article 15(3)

Nothing in this article shall prevent the state frommaking special provisions for women and children.

Articles 16(2)

iii) Equality of Opportunity

No citizen shall on grounds only of religion, race,caste, sex, place of birth, be ineligible for ordiscriminated against in respect of any employmentor office under the state.

Article 21

iv) Right to Life and Personal Liberty

No person shall be deprived of his or her life orpersonal liberty, except according to procedureestablished by law.

334 Social Work Intervention with Communities and Institutions

Directive Principles of State Policy

Article 39

i) Certain Principles of Policy to be followed bythe state

The state shall, in particular direct its policytowards securing,

a) That the citizens, men and women equally, havethe right to an adequate means of livelihood.

b) That the health and strength of workers, menand women and the tender age of children arenot abused.

ii) Right to work, to education and to publicassistance in some cases.

iii) The state shall make provision for securinghumane conditions of work and for maternityrelief.

Salient Features of Laws

The following are the salient features of the mainlaws concerning women enacted after independence.

Hindu Marriage Act, 1955

The Hindu Marriage Act applies to all the Hindusby religion which includes Vaishnavas, Lingayatsand members of the Brahmo, Prarthna and AryaSamaj. It also applies to the Buddhists, Sikhs andJains and to legitimate and illegitimate children ofparents who belong to the above religions and sects.All ‘Hindus’ who do not marry under the SpecialMarriage Act are governed by this Act. Under HinduMarriage Act the conditions for marriage are:

� Either spouse should not have an earlier livingspouse.


� The man or woman should not have a mentalproblem, mental illness.

� Men should have completed 21 years and girls18 years.

� The parties are not within the degree of prohibitedrelationship, unless the custom or usage governingeach of them permits a marriage between thetwo.

� The parties should not be sapinda to each otherunless the custom or usage governing them permitssuch marriage.

A Hindu cannot contract a second marriage withanother till the first marriage is dissolved by divorceor decree. If this is done he/she can be prosecutedby law.

When the spouses find it difficult to continue tolive with each other, either of the spouses can applyfor divorce under the law on certain conditions onlyas cruelty, adultery, unsoundness of mind, desertion,not being alive, suffering from disease and mutualconsent. However, the dissolution of a marriage canbe applied for not before the expiry of one year ofmarriage or of passing of the decree of judicialseparation unless permitted by the court under specialcircumstances.

The Special Marriage Act, 1954

The Act permits marriage of people from differentreligious faiths without changing their religion.

The Hindu Marriage Act, 1955 and the Special MarriageAct, 1954 were amended in 1976 to provide for theright of a girl to repudiate before attaining maturity,marrying as child whether the marriage has beenconsummated or not cruelty and desertion wereadded as grounds for divorce and mutual consentwere recognized.


Hindu Succession Act, 1956

The Act confers the right of absolute ownershipover property and the women can make a willleaving her share of property to the heirs. Section10 of the Act provides for the property of an Intestatebeing divided among the heirs in accordance withcertain prescribed rules. “Intestate” means a persondying without leaving a will.

Hindu Adoption and Maintenance Act, 1956

Any Hindu man of sound mind can take a son ordaughter in adoption provided that if he has aliving wife, he gets the consent of his wife to do so,unless the wife has completely renounced theworld, is of unsound mind and has ceased to be aHindu.

A Hindu woman can take a child in adoption if sheis unmarried or is a widow, her marriage has beendissolved, her husband has renounced the world,has changed his religion and he is declared to beof unsound mind.

Under Section 9, the consent of father and motheris necessary for giving the child in adoption unless(i) they or one of them is dead or (ii) the father ormother has completely and finally renounced theworld or (iii) has ceased to be Hindu or (iv) hasbeen declared by a court of competent jurisdictionto be of unsound mind.

The Child Marriage Restraint (Amendment) Act,1976

The Act raises the age of marriage for girls from 15to 18 years and boys 18 to 21 years. The offencesunder this Act have been made cognizable.


The Factories Act, 1948, Mines Act, 1952 and PlantationLabour Act, 1951

These Acts prohibit the employment of women between7 p.m. and 6 a.m. in factories, mines and plantations,regulate the working hours and contain provisionfor their safety and welfare. The Government isauthorized to fix the maximum load that may belifted by women, to open creches etc.

The Employee’s State Insurance Act, 1948

The benefits provided under this Act include sicknessbenefit, maternity benefit, disablement benefit,dependent benefit, medical and funeral benefit.

The Maternity Benefits Act, 1961

This Act is applicable to every establishment,plantation, mine or factory and provides for paymentof maternity benefit at the rate of average dailywage for the period of women’s actual absence. Ithas been amended in April, 1976 to cover women,who do not fall within the purview of the EmployeesState Insurance Act, 1948. A proposal to furtheramend the Act is under consideration of the LabourMinistry.

The Factories (Amendment) Act, 1976

The Act provides for establishment of crèches where30 women are employed (including casual labourersor contract labourers) as against one for every 50hitherto.

The Equal Remuneration Act, 1976

The Act provides for (a) the payment of equalremuneration to men and women workers and (b)prevention of discrimination on the ground of sexagainst women in the matter of employment andfor matters connected therewith or identical thereto.There is a proposal under consideration of LabourMinistry for amendment of the Act with a view tofurther liberalizing its provisions in favour of women.


The Contract Labour (Regulation and Abolition)Act, 1978

The Act regulates the working conditions of contractlabour (which includes women), payment of wagesand provides for welfare facilities and crèches forthe children of working women engaged in constructionwork.

The Medical Termination of Pregnancy Act, 1971

The Act legalises induced abortion by qualified doctorson humanitarian and medical grounds. This is primarilya welfare measure to protect the health of womenthough it has also a family planning aspect. Womencan now have induced abortion through qualifiedpeople. The service is available free in public hospitals.All the documents are kept confidential. Beforeundergoing surgery, if the patient is a minor or ofunsound mind, written consent of the guardian isnecessary.

The Dowry Prohibition Act, 1961

The Dowry Prohibition Act was first legislated in1961. The Act was amended in 1984 to make theoffence cognizable, to enhance the penalty, bothfine and imprisonment and to widen the scope ofthe Act to make it more effective. The Act wasfurther amended in 1986 to make the penal provisionsmore effective and stringent. The minimum punishmentfor taking or abetting of dowry has been raised to5 years and a fine of Rs. 15, 000. The advertisementsin newspapers, periodicals etc. offering a share ofproperty as consideration for marriage is punishable.The amendment proposes appointment of DowryProhibition officers by the State Governments. Offencesunder the Act have been made non-bailable. A newoffence of ‘Dowry Death‘ has been included in theIndian Penal Code consequential to the amendmentin the Act.


The Suppression of Immoral Traffic in Women andGirls Act, 1956

The Suppression of Immoral Traffic Act prohibitstrafficking in women and girls for purposes ofprostitution as an organized means of living. TheAct which was amended in 1978 was further amendedin September, 1986 with the objective of makingthe penal provisions in the Act more stringent andeffective. The amended Act is retitled as “The ImmoralTraffic (Prevention) Act, 1986 and the salient featuresare widening the scope of the Act to cover all persons,whether male or female who are sexually exploitedfor commercial purposes; enhancement of the periodof imprisonment where offences are committed againstminors and children; appointment of Trafficking PoliceOfficers, who will have the powers to investigateinter-State offences; prescribing punishments as laiddown for rape under the Indian Penal Code or theseduction of victims of trafficking while in custody;interrogations of women and girls removed from thebrothels to be held by women police officers or intheir absence in the presence of women social workersand setting up of Special Courts for settling offenceswhich have inter-State ramifications.

Amendment to the Criminal Laws

The Indian Evidence Act, the Indian Penal Codeand the Criminal Procedure Code were amended in1983 to make the offence of rape and such crimesagainst women much more stringent and effectiveand also to make a new provision to the IndianPenal Code to make cruelty against women by thehusband and other relations punishable. The onusof proof of innocence would rest on the accused ofsuch offences.

Family Courts

An Act was passed in 1984 for the setting up ofFamily Courts in the country with a view to promoting


reconciliation in, and securing speedy settlementof disputes relating to marriage and family affairsand for matters connected therewith.

Indecent Representation of Women (Prohibition)Act, 1986

The Indecent Representation of Women (Prohibition)Act, 1986 was passed in Parliament in December1986 with the objective of having separate legislationto effectively prohibit the indecent representationof women through advertisements, books, pamphletsetc. The indecent representation of women has beendefined to mean the depiction of the figure of awoman in such a way as to have the effect of beingindecent or of being derogatory to women or is likelyto deprive, corrupt or injure the public morality; toprohibit all advertisements, publications etc. whichcontain indecent representation of women in anyform; to prohibit selling, distribution, circulation ofany books, pamphlets etc. containing indecentrepresentation of women. Offences under this Actare made punishable with imprisonment of eitherdescription for a term extending to two years andfine extending to two thousand rupees on firstconviction.

The Commission of Sati (Prevention) Act, 1987

The Commission of Sati (Prevention) Act, 1987 waspassed by the Parliament in December, 1987 to providefor more effective prevention of the commission ofsati and its glorification and matters connectedtherewith or incidental thereto. The Act defines saticomprehensively to include not only the burning orburial alive of a widow wife with a deceased husbandbut also of a widow or woman with the body of anyother relative or any article associated with thehusband or relative; anyone who abets the commitmentof Sati by inducement, encouragement, participationin processions, preventing the widow from saving


herself etc. would be punishable by the maximumpenalty i.e. death or imprisonment for life; the abetmentof an attempt to commit Sati would be punishablewith imprisonment for life. In the case of personsprosecuted under these offences, the burden of proofthat he or she had not committed the offence shallbe on him when those convicted for such offencesshall be disqualified from inheriting the propertyof the person committing Sati; persons convictedunder such offences shall be disqualified under theRepresentation of the People’s Act, 1951 from thedate of such conviction and shall continue to bedisqualified for a further period of five years afterrelease; glorification of Sati has been defined indetail.

Use of Legal and Judicial Procedures

Various international and national conventions,constitutional mandates and directives, proclamationof “International Year of Women” and ‘Decade forWomen’ and various government plans and policiesare indicative of global and national concerns forwomen’s empowerment. Pursuant to all this a largenumber of special laws for women or special provisionsfor women in general, laws have been and are beingenacted. The crux, of the issue however is, arethese laws really effective in empowering womenand if so, how far? What follows is a brief analysisof law and judicial decisions having a bearing onwomen’s empowerment.

Financial Security and Rights over Property

In this context reference may be made of theinheritance laws. The law that has empowered womenmost in this respect is the Hindu Succession Act,1956. The Act has revolutionized a woman’s rightover property. A female has equal rights of successionas heirs along with the male heirs. Being absolute


owners of property, women have an unbridled rightof testamentary disposition.

However there still continue provisions in the Actwhich perpetuate traditional ethos of male superiority.The most glaring is Section 6 under which membershipof a coparcenars is confined only to males who havea right in properties by birth.

Under the Muslim Law a person can dispose of hisproperty by testament only to the extent of one-third after meeting the debts and funeral expenses.The remaining two-third of the property is inheritedby the heirs in accordance with the share they areentitled to. Thus a woman who has a right ofinheritance, whatever her share, cannot be totallydeprived of her share by the deceased.

Under the Christian law, the principle of equalityamong sexes in the matter of intestate successionhas been recognized. A widow gets one-third sharein the property of her husband. Rest is shared bysons and daughters equally.

Matrimonial Rights

In view of the diversity of personal laws, there aredifferent statutes governing matrimonial relationships,except the Special Marriage Act, 1954 which isapplicable to all irrespective of religion or community.Amongst these laws, the Hindu Marriage Act, 1955,is the most significant as it has given completeequality to women.

So far as Muslim law is concerned The MuslimPersonal Law (Shariat) Application Act, 1937 andthe Dissolution of Muslim Marriages Act, 1939 givevery limited right to wives. The Muslim Women(Protection of Rights on Divorce ) Act, 1986 whichwas a fall-out of the Supreme Court judgement inMohd. Ahmed Khan v. Shah Bano granting equal


maintenance rights to a divorced woman under Section125 of the Code of Criminal Procedure, 1973,notwithstanding the personal law, does not, in anyway, empower a divorced Muslim wife. Theconstitutional directive of a Uniform Civil Code isstill a far cry.

Likewise, the Christian divorce law i.e. The IndianDivorce Act, 1869 enacted about a century and ahalf back suffers from various discriminatory provisionswhich are both gender-based and religion-based.The courts, however are virtually amending someprovisions by deleting certain phrases to alleviatethe sufferings of Christian wives seeking divorce.

Domestic Violence

In the realm of family relationships, a referencemay be made of section 498-A of the Indian PenalCode (which is a secular law) which was incorporatedby an amendment in 1986 to protect views againstdomestic violence. The section does not deal withonly dowry related harassment but it deals with allkinds of cruelty against a wife by the husband and/or the in-laws.

Marital Rape

Under section 375 of the Penal Code, sexualintercourse by a man with his wife who is not below15 is not rape even if she resists the act whereas under the general law, sexual intercourse witha girl below 16 is rape even if she consents. Thus,if the wife is 15, the husband cannot be held guiltyof rape. This is anomalous. The age for marriagehas been raised to 18 but the provision of maritalrape in the penal code remains the same as in1949, viz. 15 years. Such exemption to the husbandwould only encourage child marriages and exploitationof women who will have to bear the brunt of earlycohabitation.


Guardianship

The extent of control and authority a woman legallyhas over her children is another index of power.Under the Hindu Minority and Guardianship Act,1956 and the Guardians and Wards Act, 1890 amother’s right is subservient to the father’s. Thiswas challenged in the apex court in Githa HariharanVs. Reserve Bank as being gender discriminatory.The court construed the word “after” in section 6Hindu Minority and Guardianship Act to mean notnecessarily “after the lifetime” but “in the absenceof”. Thus, if the father is not in charge of the minoreither because of indifference or mutual understandingbetween parents or physical or mental incapacityor absence from the place where the mother or theminor are living then the father can be consideredas “absent” and the mother can act as guardian.

Freedom to Work and Economic Security

Though the Constitution guarantees the right towork as a fundamental right, it is important thatthere should be an exploitation free and safe workingenvironment to make this right meaningful. Withincreasing number of women taking up jobs in thepublic sector as well as in the private sector andin urban as well as rural areas, the incidence ofharassment is on the rise too. Unfortunately thereis no legislation which covers this area of graveconcern for women.

Two positive developments in this direction arenoteworthy viz., the prosecution of a high profilepolice officer for misbehaving with a woman IASofficer and the laying down of comprehensive guidelinesand directions against sexual harassment at theworkplace by the Supreme Court. Vishaka is a MagnaCarta of working women. Apart from laying downguidelines enumerating acts which constitute sexualharassment, the need for creating awareness was


emphasized too. All government and private sectororganizations, hospitals, universities and theunorganized sector come under the purview ofguidelines which will have the force of law untila legislation is passed.

Maternity Benefits

Without effective maternity benefits a woman’s rightto employment would have been meaningless. Thusthe Maternity Benefit Act, 1961 provides for 12 weeksof maternity leave with full pay apart from nursingbreaks and some other benefits. In February 1986the Ministry of Labour issued instructions thatmaternity benefits should be given to all employedwomen without regard to her marital status.

Legal Support

1) The upper limit for grant of maintenance towomen should be removed and the judge shouldhave the discretion to fix the amount dependingon the women’s needs and her husband’s income.The court should have the power to deductmaintenance from the salary of the husbandin case of a default in payment. Cases ofmaintenance should be given priority in servingthe notices.

2) Family court law should be implemented in allthe states and family courts should be set upin all the districts.

3) Marriage should be compulsorily registered.Women and children of unregistered marriagesshould have all legal rights of property,maintenance, residence etc.

4) The matrimonial home should be jointly ownedby husband and wife and the husband shouldnot have the right to sell, encumber or part


with the possession of the matrimonial homewithout the wife’s consent.

5) Women’s organisations should be consulted moreintensively while drafting the laws to removeambiguity of expression used in the law.

6) A parliamentary board comprising womenlegislators be created to deal with effectiveimplementation of laws.

7) Legislatures should have a separate sectionon legislation for women. Supreme Court andHigh Court may be requested to provide anannual consolidated report on the status oflegislation concerning women.

8) Legal Aid Committees should give grant to lawyersworking in women’s organisations to fight casesof women. Legal aid subcentres should beestablished at District and Taluka level.

Role of Police, Judiciary, SocialWorkers and Family Courts

Role of Police

1) Police officers should be given special trainingfor investigating crimes against women and postedin a special cell.

2) Railway Police Stations and market places shouldhave adequate number of women police officersto look into cases of harassment of women.

3) There should be a separate cell for women setup in all police headquarters and at the districtlevel. Depending upon the local requirements,a separate police force to fight crimes againstwomen would help in taking up their cases ona priority basis.


4) In dowry deaths one of the doctors appointedfor the post mortems should be a woman. In theevent of a woman dying within seven years ofmarriage, an amendment to 304-B Indian PenalCode should make it mandatory to inform thepolice before cremation.

5) Greater emphasis should be given to sensitizingpolice personnel at all levels.

6) Police stations should maintain a list of socialworkers to assist in cases related to women.Identity cards may be issued to such persons.

Role of Judiciary

1) To strictly enforce all relevant legal provisionsand speedy redressal of grievances, with a specialfocus on violence and gender related atrocities.

2) To suggest and undertake measures to preventand punish sexual harassment at the place ofwork, protection for women workers in theorganized/unorganized sector and strictenforcement of relevant laws such as EqualRemuneration Act and Minimum Wages Act.

3) To review crimes against women, their incidenceprevention, investigation, detection and prosecutionat Crime Review fora and Conferences at theCentral, State and District levels.

4) Should encourage changes in personal laws suchas those related to marriage, divorce, maintenanceand guardianship so as to eliminate discriminationagainst women.

5) To suggest the legislative structure, review ofall existing laws including personal, customaryand tribal laws, subordinate legislation, relatedrules as well as executive and administrativeregulations to eliminate all gender discriminatoryreferences.


6) There is no accountability of prosecuting agencies.There should be a review of acquittals and voluntaryagencies should be associated with this process.It could be in the form of administrative review.

Role of Social Workers

As you know, social workers have a critical role insupporting the judiciary. Let us explore someof the aspects that we should keep in mind.

1) There should be counselling to solve the problemsarising out of dowry cases. Special correctionalhomes should be set up by voluntary agenciesand should coordinate closely with investigatingagencies.

2) Women in rural areas should be educated abouttheir rights. The Government and NGOs shouldlaunch legal awareness campaigns to providewomen information, advice and support.

3) Extensive use of media and various audio-visualaids as street plays, posters etc. should be madeto educate people about the evils of the dowrysystem and disseminate information about variousenforcement agencies available.

4) Family counselling centres should be set up inthe rural areas, for providing women accessibilityto legal education.

5) Shelters should be set up to help women indistress and assist them in achieving economicindependence of women.

6) A network of extension workers should be trainedto act as counsellors.

7) The mass media should be used as a catalystin building links between the governmentdepartments, professional bodies and educational


institutions to mobilise public opinion on women’sissues.

Role of Family Courts

The provisions of Family Courts Act, 1984 are applicableto family disputes of all communities. The StateGovernments are required to establish a Family Courtin every town which has a population of more thanone million (ten lacs). The Act provides “preferenceshall be given to women” in the appointment asjudges of the Court.

Jurisdiction

Jurisdiction of matters enumerated below would vestin the Family Court.

a) a suit or proceeding between the parties to amarriage for a decree of nullity of marriage orrestitution of conjugal rights or judicial separationor dissolution of marriage.

b) a suit or proceeding for a declaration as to thevalidity of a marriage or as to the matrimonialstatus of any person.

c) a suit or proceeding for an order or injunctionin circumstances arising out of a maritalrelationship.

d) a suit or proceeding for declaration as to thelegitimacy of any person.

e ) a suit or proceeding for maintenance

f) a suit or proceeding in relation to the guardianshipof the person or the custody of or access to anyminor.

g) cases of maintenance of wife, parents or childrenunder Sections 125 to 128 of the CriminalProcedure Code, 1973.


The family courts can function according to followingguidelines:

a) The court should try for settlement in respectof the subject matter of the suit or proceedings.

b) The court may adjourn the proceedings for suchperiod as it thinks fit, if at any stage, the courtfinds that there is a reasonable possibility ofa settlement between the parties.

c) The proceedings of the court can be conductedin camera.

d) No party to a suit or proceeding before the courtcan be represented by a legal practitioner asa matter of right. The court, may, however, takethe assistance of a legal expert in the interestof justice.

e ) In any suit or proceedings, the court may securethe services of a medical expert or such person,whether related to parties or not, including aperson professionally engaged in promoting thewelfare of the family as the court may thinkfit.

f) The Court may receive as evidence any report,statement, documents, information or matter thatmay, in its opinion assist it to deal effectuallywith a dispute.

g) Evidence of any person, where such evidence isof a formal character, may be given by affidavitand may be read as evidence in the proceedingssubject to all such just exceptions. Such a person,may however, be called for examination at theinstance of the court or any of the parties.

h) The decree or order passed by the Family Courtcan be executed by itself or by the ordinarycivil court to which it is sent for execution.


Promoting Gender-sensitive Legal andJudicial System: Alternative Systemsof Redressal

Constitutional guarantees and various laws have,up to a point, provided but have not entirely extendedequality and justice to women. To change thissituation, law drafting techniques and enforcementmechanisms including police, judiciary and othercomponents need to be reviewed, sensitized andstrengthened.

1) State governments and the Department of PublicGrievances in the Government of India shouldset up special cells for the enforcement of lawsto ensure women’s rights and protection. A specialdivision under a Commissioner for women’s rightsmay be created in the nodal department to liaisewith such special cells.

2) A large number of women judges must be appointedto the judiciary and more so in the family courts.

3) A large number of women police stations shouldbe set up and wider recruitment of women policeofficers, women constabulary etc. should be made.

4) Since the Court culture so far has, by and large,been technical rather than imbued by concernfor women or societal good (except in the caseof certain landmark judgements), a massiveprogramme for educating women on their legalrights as well as to create awareness,understanding and sensitivity in the personnelconcerned with the investigation and judicialprocess needs to be undertaken. This may betaken up by the proposed Resource Centre.

5) A Uniform Civil Code for all citizens should beadopted.


6) Both spouses should have joint title to all propertyacquired by either spouse during the subsistenceof a marriage and they should hold such propertiesas tenants in common in equal shares. Butproperties acquired by either spouse by meansof gift or testamentry or in the state successionshould be excluded from this principle.

7) It should be mandatory by law that daughters/widows have equal share in the properties oftheir parents/husband and the sons and daughtersshould have an equal share in property. Theright by birth of the son as co-parcener shouldbe abolished and all heirs should be treated asequal as in the case of self acquired propertyof the father.

8) Further, it should be provided that no one shallhave the right to will away more than 25% ofthe property. The Hindu Succession Act or similarActs should be amended to provide that no partitionof a dwelling house should be affected withoutthe consent in writing of the widow and widoweddaughter-in-law if any, and they shall have rightof residence in the dwelling house.

9) Demand for dowry should be made a ground fordivorce.

10) State protection shall be offered by law to womenbattered in their own homes and employers givenauthority to pay at least the salary of the employeein cases of drunkenness, negligence of familyetc.

11) All matrimonial suits against women should befiled in the district courts where women areresiding.

12) Necessary amendments in procedure must bebrought about for maintenance to be paid through


courts or arrangements made by the courts toensure timely and correct payment.

13) Laws should ensure women’s rights to motherhoodand maternity benefits, irrespective of theirmarital status.

14) There has been very slow progress in settingup the family courts. There should, therefore,be sufficient number of family courts, at leastone in each district to make them more accessibleto the women in need.

15) There is a lot of delay in filing the charge sheets.This results in delayed justice and negative effecton prosecution. There should be a mandatorytime limit of 90 days for filing the charge sheet.

16) Law should enjoin the officers investigating casesof bride burning and assault on women to callon a first class magistrate and medical officersimmediately after the crime is reported and recordthe statement of the victim in the presence ofher relatives as well as the relatives of theaccused.

17) Persons guilty of custodial rape should besummarily dismissed and prosecuted by initiatingquick legal action. Where a public servant,especially law enforcing personnel, commitatrocities on women, it should be treated as anaggravated form of offence carrying severepunishment.

18) In view of the overcrowding of courts and hugependency, separate courts to try crimes againstwomen should be set up.

19) In each taluka, a district advocate should beappointed at the State, expense to give legaladvice to women within their jurisdiction andtake up their cases.


20) Trials should be held in camera and no publicityshould be given to the proceedings.

21) Presently laws to protect women are scattered.These should be brought together and incorporatedin a single statute.

22) A special commission should be set up onpermanent basis to monitor the relevant lawsand their implementation and to assess the extentto which these are being enforced.

23) At least in respect of issues/crimes affectingwomen, Magistrates and Civil Judges, Sessionsand District Judges should be entrusted withthe power to issue appropriate orders of injunction/prohibition to issues/crimes affecting women.

24) Separate jails managed by women for femalepersons should be set up, with lady doctors andlady counsellors etc.

25) Irretrievable breakdown in marriage should bea sufficient ground for the granting of divorce.

26) Uniform Civil Code and Personal Law should beframed.

27) Legal status should be given to voluntary agenciesto institute cases. This will facilitate theirinteraction with police.

28) Giving ownership rights to land and property.

29) The loopholes in the daughter’s right to ancestralproperty and co-parcenary property should beremoved.

30) There should be Central legislation banning pre-sex determination tests resulting in femalefoeticide.


Alternative Systems of Redressal

1) Women’s guidance centres in every district shouldbe organized by voluntary organizations withqualified social workers, lawyers, doctors andfamily counsellors.

2) Social insurance security for women should beensured i.e. enable women to claim the “Rightto life” and the “Right to adoption” by the State.

3) Furnishing the name of the father should notbe insisted upon by schools and other institutions.The law should be amended to accept eitherparent’s name. This would solve the problemsof “unwed” mothers.

4) Vocational training facilities for developing andimproving skills be created along with jobopportunities for widows, abandoned and destitutewomen with relaxation of age in governmentservices.

5) Riot widows should be provided with houses freeof charge and efforts should be made to givethem jobs with adequate remuneration.

6) There should be community property rights forhusband and wife.

7) The wife should have the right to the matrimonialhome, in the event of estrangement.

8) There should be reservation of flats in the housingschemes for single, abandoned and divorcedwomen and allotment made on priority basis.

9) Authorising women’s organizations to send theirrepresentatives at the time of dying declarationin the cases of dowry victims.

10) Role of daughter as the corollary of the parentsin old age should be emphasised. While demanding


equal share in the parental property the logicalcorollary of sharing the responsibility ofmaintaining old parents be accepted by womenand society.

11) Alternate media

a) Efforts should be made to create women’scinema, women’s literature, feminist songsdepicting both struggles and joys of women.

b) Use of street theatre, Jalsas, etc. in themotivation and commitment of the groupswho are working for social change.

Conclusion

In this Chapter, you have been familiarised withvarious provisions that exist in our constitution forgiving equal status to women with that of men. Alsoyou have been familiarised with various laws suchas Hindu Marriage Act, 1955 Special Marriage Act,1954. The Maternity Benefits Act, 1961, the EqualRemuneration Act, 1976 etc.

We have also discussed various lacunaes and loopholesin the various laws that boast of gender equalitysuch as, membership of a co-parcenary is confinedonly to males in Hindu Succession Act, 1956. Theanomalies regarding age of women to be tried underPenal Code in case of rape; mother’s subservientright to that of father’s under Hindu Minority andGuardianship Act, 1956 and Guardians and WardsAct, 1890.

The role of law enforcement machinery such aspolice, judiciary, family courts and social workershas also been discussed and how can they be helpfulin bringing about gender equality.


Gender-sensitive legal and judicial system can alsobe promoted through various measures such as settingup of special cells for enforcement of laws, appointmentof women judges, setting up of women police stations,adoption of uniform civil code.

References

D Paul, Chowdhary (1992), “Women Welfare andDevelopment,” Inter-India Publications, Delhi.

Neera Desai, M Krishnaraj (1990), “Women and Societyin India”, Ajanta Publications (India) Delhi.

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