0% found this document useful (0 votes)
5 views

Document 5

The document outlines the historical and contemporary status of women in India, detailing their evolution across ancient, medieval, colonial, and post-independence periods. It discusses personal laws governing women's rights in marriage, inheritance, and custody, highlighting the disparities across different religious communities. Additionally, it emphasizes the need for a Uniform Civil Code to ensure gender justice and addresses the legal framework protecting women against crimes and promoting their rights.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
5 views

Document 5

The document outlines the historical and contemporary status of women in India, detailing their evolution across ancient, medieval, colonial, and post-independence periods. It discusses personal laws governing women's rights in marriage, inheritance, and custody, highlighting the disparities across different religious communities. Additionally, it emphasizes the need for a Uniform Civil Code to ensure gender justice and addresses the legal framework protecting women against crimes and promoting their rights.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 42

General Introduction: Status of Women in India

The status of women in India has evolved over


centuries, reflecting the complex interplay of social,
cultural, religious, and political factors. This evolution
can broadly be categorized into historical periods:
ancient India, medieval India, colonial India, and post-
independence India.

Historical Background: Status of Women in Ancient India

1. Vedic Period (c. 1500 BCE - 500 BCE)


a. Women enjoyed a relatively high status during
the early Vedic period.
b. They were educated and participated in
religious rituals. Prominent examples include
scholars like Gargi and Maitreyi.
c. Practices such as Swayamvara (choosing
one's husband) and participation in public life
signified their empowerment.
d. Property rights: Women had access to family
property through a system known as stridhan.
2. Later Vedic Period and Post-Vedic Period
a. The status of women began to decline.
b. Patriarchal norms became more rigid, and the
dominance of ritualistic and priestly power
diminished women's participation in religious
and intellectual activities.
c. Child marriage and restrictions on women's
education emerged.
d. Texts like the Manusmriti codified norms,
often subordinating women to men.
3. Gupta Period (c. 320 CE - 550 CE)
a. Seen as the "Golden Age" of Indian history,
but women's status saw a decline.
b. Practices like dowry, early marriage, and
restrictions on widow remarriage became
prevalent.
c. Women were increasingly confined to
domestic roles.

Medieval India: A Period of Decline

1. Islamic Influence (c. 12th Century onwards)


a. Practices such as purdah (veiling) and
seclusion of women became widespread.
b. Polygamy among the ruling classes and
restrictions on women's public life increased.
c. Education for women was limited, primarily
focused on domestic skills.
2. Bhakti and Sufi Movements
a. These movements provided a degree of
spiritual and social liberation for women.
b. Female saints like Meerabai, Andal, and Lal
Ded challenged patriarchal norms through
their devotion and poetry.
3. Rajput and Mughal Periods
a. Practices like Sati (self-immolation of
widows), child marriage, and restrictions on
widow remarriage were common.
b. However, some Mughal women, like Nur
Jahan and Jahanara Begum, held significant
political and cultural influence.

Colonial India: Social Reform Movements

1. Impact of British Rule


a. The British brought Western education and
ideas of equality and individual rights, which
influenced Indian society.
b. Social reformers like Raja Ram Mohan Roy,
Ishwar Chandra Vidyasagar, and Jyotirao
Phule campaigned for women's rights,
particularly against Sati, child marriage, and
for widow remarriage.
2. Women's Education
a. Institutions like Bethune College (established
in 1849) were among the first to focus on
educating women.
3. Participation in National Movements
a. Women played an active role in India's
freedom struggle. Leaders like Sarojini Naidu,
Kasturba Gandhi, and Aruna Asaf Ali were
prominent figures.

Post-Independence Position of Women

1. Constitutional Provisions
a. The Indian Constitution guarantees equality
to women under Articles 14, 15, and 16.
b. Article 15(3) allows the state to make special
provisions for women and children.
c. Prohibition of discrimination on the basis of
gender (Article 15).
2. Legislative Reforms
a. Abolition of practices like dowry (Dowry
Prohibition Act, 1961).
b. Protection against domestic violence
(Protection of Women from Domestic
Violence Act, 2005).
c. Rights to property (Hindu Succession Act,
1956; amended in 2005).
d. Sexual harassment at workplace laws
(Prevention of Sexual Harassment Act, 2013).
3. Education and Employment
a. Increased access to education and
professional fields.
b. Government initiatives like Beti Bachao Beti
Padhao and scholarships for girls' education.
c. Representation in politics through
reservations in Panchayati Raj Institutions.
4. Challenges
a. Despite legal safeguards, women face issues
like gender-based violence, wage disparity,
and underrepresentation in leadership roles.
b. Cultural norms and societal expectations
often limit their opportunities.
5. Empowerment Movements
a. NGOs and feminist movements have worked
extensively for women's empowerment.
b. Awareness campaigns and media
representation have brought gender issues to
the forefront.

Modern Trends and Global Influence

• Globalization and the rise of social media have


created a platform for dialogue about gender
equality.
• Women in India are excelling in fields like politics,
science, technology, sports, and arts.
• Movements like #MeToo have highlighted the
need for structural changes in addressing sexual
harassment and workplace equality.
By understanding the historical trajectory, we can
better appreciate the progress made and the
challenges that remain in achieving gender equality in
India.

Personal Laws in India: An Overview

Personal laws in India govern matters like marriage,


divorce, inheritance, adoption, and maintenance,
varying across different religious communities. These
laws often reflect the traditions and customs of
respective communities and directly impact the
status of women and children.
Status of Women in Different Personal Laws

1. Hindu Personal Laws (Hindu Marriage Act, 1955;


Hindu Succession Act, 1956; Hindu Minority and
Guardianship Act, 1956)
a. Marriage and Divorce:
i. The Hindu Marriage Act, 1955, provides
for monogamy and allows women to seek
divorce on specific grounds such as
cruelty, adultery, or desertion.
ii. Mutual consent for divorce is recognized,
but patriarchal biases persist in
interpreting issues like maintenance.
b. Property Rights:
i. The Hindu Succession Act, 1956
(amended in 2005) granted daughters
equal rights to ancestral property,
eliminating gender-based discrimination
in inheritance.
c. Adoption:
i. Hindu women, whether married or
unmarried, have the right to adopt under
the Hindu Adoptions and Maintenance
Act, 1956.
d. Guardianship:
i. Men are often deemed the "natural
guardians," but women can be appointed
as guardians in specific circumstances.
2. Muslim Personal Laws (based on the Quran,
Hadith, and customary practices)
a. Marriage and Divorce:
i. Muslim women can seek divorce through
Khula (mutual consent) or Talaq-e-
Tafweez (delegated divorce).
ii. Triple Talaq was a controversial practice
that was invalidated by the Muslim
Women (Protection of Rights on Marriage)
Act, 2019.
b. Property Rights:
i. Women are entitled to inheritance but
typically receive half the share of male
counterparts, reflecting gender
inequality.
c. Maintenance:
i. Under the Muslim Women (Protection of
Rights on Divorce) Act, 1986,
maintenance post-divorce is limited to
the iddat period, often criticized for
insufficient support.
d. Polygamy:
i. Muslim men are permitted to marry up to
four wives, subject to conditions of
equitable treatment. This provision has
been criticized for perpetuating
inequality.
3. Christian Personal Laws (Indian Christian
Marriage Act, 1872; Indian Divorce Act, 1869)
a. Marriage and Divorce:
i. The Indian Divorce Act allows Christian
women to seek divorce on grounds such
as adultery, cruelty, or desertion.
ii. Earlier, women had to prove adultery
along with other grounds, but
amendments have brought parity with
men.
b. Property Rights:
i. Christian women inherit property equally
under the Indian Succession Act, 1925,
aligning with gender justice principles.
4. Parsi Personal Laws (Parsi Marriage and Divorce
Act, 1936)
a. Marriage and Divorce:
i. Parsi women have similar rights as men in
marriage and divorce matters.
ii. The Act prohibits polygamy and provides
for judicial separation.
b. Inheritance:
i. Daughters and sons inherit equally,
reflecting a more progressive stance
compared to some other personal laws.
5. Secular Legal Provisions
a. The Special Marriage Act, 1954, allows
interfaith marriages and provides equal rights
to both genders.
b. Guardians and Wards Act, 1890, applies
uniformly and ensures gender-neutral
guardianship decisions.
Social and Legal Status of Children in Personal Laws

1. Hindu Law:
a. The Hindu Minority and Guardianship Act,
1956, designates the father as the "natural
guardian" of the child, but the mother is also
recognized in certain circumstances.
b. Adoption rights are detailed under the Hindu
Adoptions and Maintenance Act, 1956,
allowing both boys and girls to be adopted.
2. Muslim Law:
a. Muslim personal law does not formally
recognize adoption, though informal
caregiving is permitted.
b. Custody usually favors the mother until the
child reaches a specific age (7 years for boys,
puberty for girls), while the father remains the
legal guardian.
3. Christian and Parsi Laws:
a. Both communities emphasize the welfare of
the child in guardianship and custody
disputes.
b. Adoption is less emphasized, with Christians
relying on secular laws like the Juvenile
Justice Act for adoption rights.
4. Secular Provisions:
a. The Juvenile Justice (Care and Protection of
Children) Act, 2015, provides a uniform
framework for adoption across all religions.
b. The Child Marriage Prohibition Act, 2006,
aims to prevent child marriages and protect
children's rights.

Uniform Civil Code (UCC): A Step Towards Gender Justice

1. Definition and Objective


a. The UCC aims to replace personal laws with a
common set of laws governing marriage,
divorce, inheritance, and adoption,
irrespective of religion, caste, or gender.
b. It seeks to ensure equality and gender justice
by eliminating discriminatory practices
embedded in personal laws.
2. Arguments in Favor of UCC
a. Gender Equality: Eliminates practices like
unequal inheritance rights and polygamy.
b. Social Harmony: Reduces religious conflicts
by providing a unified legal framework.
c. Modernization: Aligns Indian laws with global
human rights standards.
3. Arguments Against UCC
a. Cultural Diversity: Critics argue that
personal laws reflect India's pluralistic
society.
b. Fear of Imposition: Minority communities
fear losing their cultural identity.
c. Implementation Challenges: Reconciling
diverse traditions and customs is complex.
4. Judicial and Political Context
a. Landmark cases like Shah Bano (1985) and
Danial Latifi (2001) highlighted the need for
uniformity in personal laws to ensure
women's rights.
b. Article 44 of the Indian Constitution calls for
the state to strive for a Uniform Civil Code.
5. Current Status
a. Several states and organizations have
proposed drafts, but nationwide
implementation remains contentious.
b. Recent debates highlight the UCC as
essential for gender justice but stress the
need for consultation with all stakeholders.

Conclusion

• Personal laws in India continue to reflect the


patriarchal structures of society, often
disadvantaging women and children.
• Legal reforms and judicial interventions have
made progress, but gaps persist in ensuring
equality and justice.
• The implementation of a Uniform Civil Code holds
the promise of eliminating gender-based
discrimination across all communities. However,
its success depends on balancing the principles
of equality with the preservation of cultural
diversity.
Women and Criminal Laws in India

India’s legal framework includes various provisions to


protect women against crimes, ensure justice, and
safeguard their dignity. Below is a comprehensive
explanation of relevant laws and provisions:

1. The Indian Evidence Act, 1872

• Section 114A: In cases of rape, if the victim states


that she did not consent, the court presumes the
absence of consent unless proven otherwise.
• Section 155(4) (repealed): Earlier allowed the
defense to impeach a rape victim's credibility by
questioning her past sexual conduct. This has
been abolished to protect victims from character
assassination.
• Section 146: Limits cross-examination to ensure
that questions about a victim's sexual history are
not used to malign her character.
• Section 32(1): A dying declaration made by a
woman, especially in dowry death cases, is
considered strong evidence.

2. Offences Against Women under the Indian Penal Code, 1860

1. Outraging the Modesty of a Woman (Section


354)
a. Punishment: 1-5 years imprisonment and a
fine.
b. Includes physical acts or gestures intended to
insult a woman’s modesty.
2. Sexual Harassment (Section 354A)
a. Defined as unwelcome physical contact,
advances, or sexually explicit remarks.
b. Punishment: Up to 3 years imprisonment or a
fine.
3. Rape (Section 375 and 376)
a. Definition: Penetrative sexual assault without
consent or against the will of the woman.
b. Punishment: Minimum 10 years
imprisonment, extendable to life or death in
cases of gang rape or rape of minors.
c. Marital rape: Not recognized as a crime if the
wife is over 18 years, except in specific
circumstances like judicial separation.
4. Bigamy (Section 494)
a. A second marriage while the first is subsisting
is punishable.
b. Punishment: Up to 7 years imprisonment and
a fine.
5. Mock and Fraudulent Marriages (Section 496)
a. Marriages conducted with fraudulent intent or
deceit are punishable.
b. Punishment: Up to 7 years imprisonment.
6. Adultery (Section 497)
a. Previously considered a crime where only the
man involved was punished.
b. Current Status: Decriminalized in 2018
(Joseph Shine v. Union of India), though it
remains a valid ground for divorce.
7. Causing Miscarriage (Section 312-316)
a. Inducing a miscarriage without the woman’s
consent is punishable.
b. Punishment: Varies from 3 years to life
imprisonment, depending on the
circumstances.
8. Insulting Women (Section 509)
a. Includes uttering words, making gestures, or
exhibiting objects intended to insult a
woman’s modesty.
b. Punishment: Up to 3 years imprisonment and
a fine.
9. Dowry Death (Section 304B)
a. If a woman dies under suspicious
circumstances within 7 years of marriage due
to dowry harassment, it is treated as dowry
death.
b. Punishment: Minimum 7 years imprisonment,
extendable to life.
10. Cruelty by Husband or Relatives (Section
498A)
a. Covers mental or physical cruelty, including
dowry harassment.
b. Punishment: Up to 3 years imprisonment and
a fine.

3. Maintenance Provisions under CrPC (Section 125)

• Women can seek financial support from their


husband if he refuses or neglects to provide for
her basic needs.
• Eligibility: Includes wives, divorced women, and
mothers.
• The provision ensures financial security,
particularly for women without independent
income.

4. The Medical Termination of Pregnancy (MTP) Act, 1971

• Purpose: Regulates and legalizes abortion to


ensure women's health and safety.
• Conditions:
o Abortions permitted up to 24 weeks under
specific circumstances.
o Beyond 24 weeks: Requires approval from a
medical board if the pregnancy poses a risk to
the woman’s life or is due to fetal
abnormalities.
• Consent: Married women require their consent;
unmarried women need their own consent if they
are adults.

5. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT)


Act, 1994

• Objective: Prevent misuse of diagnostic


techniques for sex-selective abortions.
• Provisions:
o Prohibits determining the sex of the fetus.
o Regulates ultrasound and genetic testing
facilities.
• Punishment:
o For medical practitioners: 3-5 years
imprisonment and a fine.
o For parents or relatives involved in the
process: Fine and possible imprisonment.
6. The Immoral Traffic (Prevention) Act, 1986

• Objective: Prevent human trafficking and sexual


exploitation for commercial purposes.
• Key Provisions:
o Punishes procuring, detaining, or exploiting
women for prostitution.
o Punishes soliciting and running brothels.
• Punishment: Varies from 1 year to life
imprisonment, depending on the nature of the
offense.

Important Legal Developments and Social Reforms

• Vishaka Guidelines (1997): Issued by the


Supreme Court to prevent sexual harassment at
workplaces.
• The Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and
Redressal) Act, 2013: Codified the Vishaka
guidelines into law.
• Amendments Post-Nirbhaya Case: Stricter
punishments for sexual crimes under the Criminal
Law (Amendment) Act, 2013, including death
penalty for repeat offenders.

Conclusion

India’s legal framework provides a robust set of


protections for women against various crimes.
However, challenges such as lack of awareness,
societal stigma, and inadequate implementation often
hinder access to justice. Strengthening enforcement
mechanisms, spreading awareness, and addressing
societal attitudes are crucial to ensuring these laws
effectively protect women’s rights and dignity.
Women and Labour Laws in India

India's labour laws include provisions to protect


women workers, ensure their welfare, and create
gender-equitable workspaces. These laws address
issues like working conditions, maternity benefits, and
restrictions on child labour.
1. The Factories Act, 1948

• Objective: Regulates working conditions in


factories to ensure the safety, health, and welfare
of workers, including women.
• Key Provisions for Women:
o Prohibits women from working night shifts
(between 7 PM and 6 AM), though recent
amendments allow night shifts under strict
safety conditions.
o Mandates suitable seating arrangements for
women.
o Provides for separate washrooms and crèche
facilities for women with children.
o Limits working hours to 9 hours a day and a
maximum of 48 hours per week.

2. The Maternity Benefit Act, 1961 (Amended in 2017)

• Objective: Protects the employment of women


during maternity and entitles them to maternity
benefits.
• Key Provisions:
o Maternity leave increased from 12 weeks to
26 weeks (for the first two children).
o For the third child and onwards, maternity
leave is limited to 12 weeks.
o 12 weeks leave for adoptive mothers (for
children below 3 months) and commissioning
mothers.
o Mandatory provision of crèche facilities in
establishments with 50 or more employees.
o Prohibits dismissal of women on grounds of
pregnancy or maternity leave.
o Employers are required to inform women of
their maternity benefits at the time of
appointment.

3. Legal Control of Employment of Child Labour

Child labour laws aim to protect children from


exploitation and ensure their right to education and
development.
A. The Factories Act, 1948

• Provisions:
o Prohibits employment of children below 14
years in factories.
o Adolescents (14-18 years) can work in non-
hazardous processes with restricted working
hours.
o Prohibits night shifts for adolescents.
B. The Apprentices Act, 1961

• Provisions:
o Prohibits children below 14 years from
undergoing apprenticeships.
o Adolescents (14-18 years) can apprentice in
non-hazardous trades.
o Ensures apprenticeships are carried out
under safe conditions with proper monitoring.
C. The Child Labour (Prohibition and Regulation) Act, 1986 (Amended in 2016)

• Objective: Prohibits child labour and regulates


working conditions for adolescents.
• Key Provisions:
o Prohibits employment of children below 14
years in any occupation or process.
o Allows children to work in family enterprises
or entertainment industry (not hazardous)
after school hours.
o Adolescents (14-18 years) are prohibited from
working in hazardous occupations like
mining, chemical manufacturing, and
explosives.
o Violation leads to penalties, including
imprisonment up to 2 years and/or fines up to
₹50,000.

Constitutional Provisions for Women and Children

The Indian Constitution contains several provisions


aimed at the welfare of women and children,
promoting equality and protection.
A. Provisions for Women

1. Equality and Non-Discrimination:


a. Article 14: Equality before the law.
b. Article 15(1): Prohibits discrimination on
grounds of gender.
c. Article 15(3): Permits the state to make
special provisions for women and children.
2. Right to Work and Equal Pay:
a. Article 39(d): Equal pay for equal work for
both men and women.
b. Article 42: Provision for just and humane
conditions of work and maternity relief.
3. Protective Provisions:
a. Article 51A(e): Fundamental duty to renounce
practices derogatory to the dignity of women.
b. Article 243D and 243T: Reservation of seats
for women in Panchayats and Municipalities.
B. Provisions for Children

1. Right to Education:
a. Article 21A: Guarantees free and compulsory
education to children aged 6-14 years.
2. Prohibition of Child Labour:
a. Article 24: Prohibits employment of children
below 14 years in hazardous work.
3. Protection and Development:
a. Article 39(e): Protects children from abuse
and economic exploitation.
b. Article 39(f): Ensures children’s development
and protection from neglect.

National Policy for Children

• Adopted in 1974 and revised in 2013.


• Vision: Recognizes children as national assets
and emphasizes their survival, health,
development, and protection.
• Key Principles:
o Non-discrimination and equality for all
children.
o Protection against abuse, neglect, and
exploitation.
o Ensuring access to quality education and
healthcare.
o Special focus on marginalized and vulnerable
children.

Conclusion

India’s legal and constitutional framework includes


progressive measures for protecting women and
children in the workplace, safeguarding their rights,
and ensuring their welfare. However, challenges
remain in enforcement, awareness, and societal
attitudes. Addressing these challenges through
effective implementation and public awareness is
critical for achieving the intended goals of these laws
and policies.

International Laws and Frameworks for Child Welfare

1. Legal Status of Children in International Law

Children are considered a vulnerable group in


international law, requiring special rights and
protections. The key international frameworks
include:
A. United Nations Convention on the Rights of the Child (UNCRC), 1989

• Key Features:
o Recognizes children as individuals with civil,
political, economic, social, and cultural
rights.
o Four guiding principles: Non-discrimination,
Best Interests of the Child, Right to Survival
and Development, and Respect for the Views
of the Child.
o Defines a child as anyone under 18 years of
age.
o Recognizes the right to education, health,
freedom from exploitation, and protection
from abuse.
B. Geneva Declaration of the Rights of the Child, 1924

• First formal recognition of children's rights


internationally.
• Emphasized children’s right to development,
assistance, and protection from exploitation.
C. Universal Declaration of Human Rights (UDHR), 1948

• Article 25(2): Recognizes the right of children to


special care and assistance.
2. National Commission for Protection of Child Rights (NCPCR)

A. Overview

• Established in 2007 under the Commissions for


Protection of Child Rights Act, 2005.
• Mandate: Protect, promote, and defend
children’s rights as outlined in the Constitution
and UNCRC.
B. Functions

• Monitors child rights violations and ensures


compliance with international child rights
treaties.
• Conducts inquiries and examines complaints
about child rights violations.
• Promotes child-friendly governance and ensures
implementation of laws like the RTE Act, POCSO
Act, and Juvenile Justice Act.

3. U.N. Declaration of the Rights of the Child (1959)

• Expanded upon the Geneva Declaration of 1924.


• Outlines 10 principles emphasizing:
o Right to name and nationality.
o Protection from neglect, exploitation, and
discrimination.
o Access to education and healthcare.
o Special care for children with disabilities.

Protective Legislations for Children in India

1. The Juvenile Justice (Care and Protection of Children) Act, 2000

• Objective: Provides a framework for dealing with


children in conflict with the law and children in
need of care and protection.
• Key Features:
o Establishes Juvenile Justice Boards (JJBs) for
handling children in conflict with the law.
o Creates Child Welfare Committees (CWCs)
for children in need of care and protection.
o Prohibits the death penalty and life
imprisonment without parole for juveniles.
o Mandates rehabilitation and social
reintegration through foster care, adoption,
and sponsorship.
• Amendments:
o The 2015 amendment allows juveniles aged
16-18 to be tried as adults for heinous crimes.

2. The Protection of Human Rights Act, 1993

• Objective: Protects human rights, including those


of children, and establishes the National Human
Rights Commission (NHRC).
• Key Provisions:
o Defines human rights as rights relating to life,
liberty, equality, and dignity.
o Investigates human rights violations,
including child rights issues like trafficking,
child labour, and abuse.
o Recommends measures for preventing child
rights violations and ensuring justice.

3. The Child Marriage Restraint Act, 1929

• Objective: Prevents child marriages and protects


the rights of children.
• Key Provisions:
o Prohibits marriage for girls below 18 years and
boys below 21 years.
o Penalizes adults involved in child marriage,
including parents and guardians.
o Punishment: Up to 2 years imprisonment
and/or a fine of ₹1 lakh.
• Limitations:
o Does not declare child marriages void
automatically; such marriages are voidable at
the option of the minor.
o Replaced by the Prohibition of Child Marriage
Act, 2006, which provides stricter measures.

4. The Protection of Children from Sexual Offences Act, 2012 (POCSO)

• Objective: Safeguards children from sexual


abuse, harassment, and exploitation.
• Key Features:
o Gender-neutral law protecting all children
under 18 years.
o Defines and criminalizes penetrative and non-
penetrative sexual assault, sexual
harassment, and pornography involving
children.
o Prescribes stringent punishments, including
life imprisonment and the death penalty in
aggravated cases.
o Establishes child-friendly procedures for
reporting, recording evidence, and
conducting trials.
o Mandates reporting of sexual offences; failure
to report is punishable.

Conclusion

India has implemented comprehensive legislation to


protect the rights and welfare of children, aligning with
international frameworks like the UNCRC. However,
challenges such as lack of awareness, social stigma,
and enforcement gaps persist. Strengthening
implementation, promoting education, and
addressing societal attitudes are vital to ensuring
effective protection and realization of children’s
rights.
The Bharatiya Nyaya Sanhita (BNS), enacted to
replace the Indian Penal Code (IPC), introduces
comprehensive provisions addressing offences
against women. These provisions aim to enhance
legal protections and ensure justice for women in
India.
Key Offences Against Women Under the BNS

1. Rape (Section 63):


a. Definition: Non-consensual sexual
intercourse with a woman, encompassing
acts against her will, without her consent,
obtained through deceit, or when she is
incapable of giving consent.
b. Punishment: Rigorous imprisonment ranging
from 10 years to life, along with a fine.
2. Gang Rape (Section 64):
a. Definition: Rape committed by multiple
individuals acting together.
b. Punishment: Rigorous imprisonment for 20
years to life, with a fine.
3. Rape of Minors (Section 65):
a. Definition: Rape of a girl under 18 years of
age.
b. Punishment: Rigorous imprisonment for 20
years to life, or death, along with a fine.
4. Causing Death or Persistent Vegetative State
(Section 66):
a. Definition: Rape leading to the victim's death
or leaving her in a persistent vegetative state.
b. Punishment: Death or rigorous imprisonment
for 20 years to life, with a fine.
5. Sexual Harassment (Section 354A):
a. Definition: Unwelcome physical contact,
demands for sexual favors, showing
pornography without consent, or making
sexually colored remarks.
b. Punishment: Imprisonment up to three years,
or with fine, or both.
6. Assault with Intent to Disrobe (Section 354B):
a. Definition: Assaulting or using criminal force
with the intent to disrobe a woman.
b. Punishment: Imprisonment ranging from
three to seven years, along with a fine.
7. Voyeurism (Section 354C):
a. Definition: Watching or capturing images of a
woman engaging in a private act without her
consent.
b. Punishment: Imprisonment ranging from one
to three years for the first conviction, and
three to seven years for subsequent
convictions, along with a fine.
8. Stalking (Section 354D):
a. Definition: Repeatedly following or
contacting a woman despite clear indications
of disinterest.
b. Punishment: Imprisonment up to three years
for the first conviction, and up to five years for
subsequent convictions, along with a fine.
9. Acid Attacks (Section 326A & 326B):
a. Definition: Causing grievous hurt by throwing
acid (Section 326A) or attempting to do so
(Section 326B).
b. Punishment: For Section 326A,
imprisonment ranging from 10 years to life,
along with a fine; for Section 326B,
imprisonment up to seven years, along with a
fine.
10. Kidnapping or Abducting a Woman to
Compel Her Marriage (Section 366):
a. Definition: Kidnapping or abducting a woman
with the intent to compel her into marriage or
force her into illicit intercourse.
b. Punishment: Imprisonment up to 10 years,
along with a fine.
11. Importation of Girls (Section 366B):
a. Definition: Importing into India any girl under
the age of 21 years with the intent that she
may be, or knowing it likely that she will be,
forced or seduced to illicit intercourse with
another person.
b. Punishment: Imprisonment up to 10 years,
along with a fine.
12. Cruelty by Husband or Relatives (Section
498A):
a. Definition: Any willful conduct by the
husband or his relatives that is likely to drive a
woman to suicide or cause grave injury, or
harassment in relation to unlawful demands
for property.
b. Punishment: Imprisonment up to three years,
along with a fine.
13. Dowry Death (Section 304B):
a. Definition: The death of a woman caused by
burns or bodily injury within seven years of
marriage, under suspicious circumstances,
where it is shown that she was subjected to
cruelty or harassment by her husband or his
relatives in connection with demands for
dowry.
b. Punishment: Imprisonment ranging from
seven years to life.
Notable Changes from the IPC

• Age Threshold in Gang Rape: The BNS increases


the age threshold for victims in gang rape cases
from 16 to 18 years, ensuring broader protection
for minors. cite turn0search3
• Criminalization of Deceitful Sexual Intercourse:
The BNS criminalizes sexual intercourse obtained
through deceitful means or false promises,
addressing scenarios where consent is obtained
fraudulently.

You might also like