Women-Centric laws in India

Women-Centric laws in India

Author: Varsha dubey

college name: Banasthali Vidyapeeth

Ya devi sarvbhuteshu Shakti rupen sansththa namastasey namatasey namatasey namo namah.

Meaning of these lines are as follows-

To that goddess who abides in all beings as power, salutations, to thee, to that goddess who abides in all beings as peace, salutation to thee.

It is considered that males are stronger than women to safeguards the women from male- dominating society several women centric laws are made. These laws work as an armament for women. These laws ensure that both men and women should be treated equally and no one can oppress the women.

Need for the Women-Centric Laws

The condition of women in early vedic period was upright but it start worsening during Mughal era. All type of social evils on its top at that time such as rape, veil system, dowry etc. Government after post-independence period started taking steps to remove such evil from the society for this purpose women-centric laws framed.

Some Women-Centric laws

After independence various laws are made to protect women such as Domestic Violence Act 2005, Dowry Protection Act 1961, Prevention of Child Marriage act 2006 and certain other provision of IPC relating to domestic violence.

Domestic Violence

Most commonly misused sections under it are Section 498-A and section 376 of Indian Penal Code. Subjugation of women to cruelty by her husband or her in –laws are given in Section 498-A of IPC. When the women or her family members file a complaint an action is taken against the husband immediately. The husband along with his family members can be put behind the bars for 3 years and fine. It is non-bailable, cognizable and compoundable offence.

Cognizable offence – The police officer can arrest without warrant.

Non-Compoundable – A complaint cannot be compounded just by withdrawing the case but has to be quashed by the high court .Non- Compoundable are the more serious offences in which parties cannot compromise.

IPC nowhere mentions about the cruelty towards men which is also a possibility. IPC mentions cruelty by men and not by a person which can cover within its ambit both men and women .

As we think women are vulnerable we forget one major point that because of false cases of domestic violence so many innocent people are behind the bars.

Section 376

Section 376, 376-A, 376-B, 376-C and 376-D of the Indian Penal Code 1860 lay down the provisions relating to the offence of rape. Rape, simply means"having sexual intercourse by a man with a woman against her will or consent". Sexual intercourse with the consent of a girl below the age of 16 years also amounts to rape.

According to Sec.376 I.P.C., the punishment for rape shall not be less than seven years but may extend to life imprisonment or a term which may extend to ten years and shall also be liable to fine. If the woman raped as his own wife and is not below the age of 12 years, the punishment may extend to two years imprisonment or with fine or with both.

Section 376-A

According to Sec.376-A, whoever has sexual intercourse with his wife during separation against the decree of judicial separation, custom etc., is punishable with imprisonment, which may extend to two years and shall also be liable to fine.

Section 376-B

Section 376-B prescribes punishment, which may extend to five years and also liable to fine for intercourse by a public servant with a woman in his custody/ official position or induces or seduces any woman.

Section 376- C

It provides punishment of five years imprisonment and also fine for intercourse by Superintendent of Jail, remand home or other place or custody with a woman in his custody.

Section 376-D

It provides punishment of five years imprisonment and also fine for intercourse by any member of the management or staff of a hospital with any woman in that hospital.

Custodial Rape

The Criminal Law (Amendment) Act, 1983 (known as Anti-rape Law Amendment) provides for penalties varying from seven years rigorous imprisonment to life term to those found guilty of committing rape. The amended provision makes sexual intercourse by a person in the position of a custodian of his victim-termed 'Custodial Rape' as an offence punishable with imprisonment of at least ten years, which may extend to life and also to fine. Sections 376-B, 376-C and 376-D inserted by the Amended Act of 1983 deal with custodial rape .

Dowry death

Section 304-B of IPC safeguards the women from the cruelty of her husband and in-laws in cases related to dowry. If a women dies within 7 years of her marriage it is presumed that her husband and in laws were demanding dowry and were considered liable for her death.

Forced sexual intercourse

Section 375 of IPC helps women if they are forced into sexual intercourse. There is no provision in which there is protection for men for such sexual intercourse in which men are forced. In a survey conducted by Indian Government in 2007 the reported cases of sexual abuse against children varied as 57.3% for boys and 42.7% for girls. Still rapes against men cannot be committed by legal definition.

Maintenance of wife by the husband

Section 125 of the Criminal Procedure, 1973

It mentions that a person is supposed to maintain his wife , children and parents who are unable to maintain themselves. If the income of wife is not suffice even she earns the husband has to take care of her needs.

Section 37 of the Special Marriage Act

It states husband has to maintain his wife from his property after divorce until she is married or turn immoral.

Section 18 of Hindu Adoption and Maintenance Act

It states that a Hindu wife has a right to be maintained by her husband throughout lifetime.

Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986

It says Muslim woman has rights to be maintained by the husband.

Section 37 of the Divorce Act, 1869

When a degree of dissolution or decree of judicial separation is passed then husband has to provide maintenance to his wife throughout her life.

Above laws talk about maintenance of wife by her husband but there is no provisions of maintenance for male.

Section 125 of CrPC provides that if the husband is unable to provide for the maintenance of his wife , a warrant may be issued against him for recovery . In case of custody of a child below 5 years wife is preferred.

Right to Equality in the Constitution

The constitution under Article 15 (1) prohibits any discrimination based on sex and under the same, Article 15(3) provides that the state can make special provisions for women. Although this special provision was made to protect women as they are seen as being at advantage against men but it is in some situations harming the rights of men.

The Prohibition of child Marriage Act

This act came in enforcement in the year 2007. It enforces minimum age limit to marry a girl is 18 years old and for a boy 21 years old. On the breach of the act there is an imprisonment for 2 years and a fine of 1 lacks or both.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) – POSH

It came in enforcement in the year 2013. It came in force to make women feel safe at working place and to protect them from sexual harassment. It also include the use of vulgar language , subtle touches and innuendoes. The breach of action results on a fine of 50,000 rupees, withdrawal of the license or cancellation of registration.

Equal Remuneration Act

It came in enforcement in the year 1976. It provides for payment of equal recompense for men and women workers. On the breach of action the employer is punished with a fine of minimum ten thousands rupees which may extend to twenty thousand rupees or with imprisonment of minimum three months but which may extend to one year or with fine.

Judgement

Dr N.G. Dastane v S Dastane

Citation :1975 AIR 1534 1975 SCR (3) 967 1975 SCC (2) 326 CITATOR INFO : RF 1988 SC 121 (7,10) ACT: Hindu Marriage Act--Section 10(1)(b) and 23(1)(a)(b)--Meaning of cruelty--Burden of proof in matrimonial matters.

Supreme Court said it is presumed a stronger person can cause more harm to other and as it said. that men have more strength than women so it is supposed men can cause more harm to a women. But Supreme court said both genders have capacity of mentally disturbing each other.

Rajesh Sharma & others v State of Bihar

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1265 OF 2017 [Arising out of Special Leave Petition (Crl.) No.2013 of 2017] Rajesh Sharma & ors. …Appellants Versus State of U.P. & Anr. …Respondents

In this case court gave directions to prevent misuse of section 498-A of IPC. The court gave order to set up a Family Welfare Committee in each district by District Legal Services Authority and to look into cases reported under section 498-A of IPC for a month before making an arrest .

Problems faced by males because of these laws

Many a time males are trapped in wrong cases . Sometimes women take advantages of these laws and use these legislations to harass men. A large number of crime against males are cognizable and non-bailable which make situation more difficult for innocent men . It’s been seen most of cases of divorce and domestic violence are just filed to get money from their partners. Just because of these laws cases of women multiple marriages found and the reason behind them is the greed of property and maintenance. Many cases of sexual harassment of males found still there is no such law for that. Men can also be the victim of sexual harassment and to consider that they can be perpetrators only is so wrong.

In the eyes of society women are still disregarded and weak so if a women complains against a men under women-centric laws then society declare the men guilty even before listening both the parties.

Remedies

In a world where women become victim of crimes on a daily basis women-centric laws are a appreciating steps but these legislations should be examined properly so that no innocent person will suffer because of these laws. The legislation should respect the right of both men and women. Cases related to domestic violence, rape, dowry and so on should be investigated properly and judgement should be on the favour of right one not on the basis of gender or emotions.

Conclusion

These laws are made to protect the women and to safeguard their rights. These laws are the need of the hour back then and still the need of these laws is there. As Benjamin Franklin said “ That is better 100 guilty persons should escape than that one innocent person should suffer , is a maxim that has been long and generally approved.” So no innocent should be suffer because of loopholes in these women-centric laws.

Justice dies when law closes their eyes and an innocent is punished.