Protection To Women Women Under Indian Constitution

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& Criminal Law (Under Indian Constitution Law and Criminal Procedure Code)

Violence against Women is present in every country, cutting across boundaries of culture, class, Education, income, ethnicity and age. Since time immemorial India is · particularly a male dominated Society and prevalence of illiteracy among women has resulted in wide spread violence against women. Therefore, Indian women like women world over have suffered from domestic violence like purdah system, satipratha, Female feoticide, Female infanticide, different kinds of physical, emotional and mental abuse, dowry death, cruelty, polygamy etc. In India, family is considered to be a sacred institution and it acts as a source of furtherance of mental, social and spiritual well being of its members. Family creates Bonds and a sense of belonging and stability of relation among its members which is now weakening because today domestic violence has been identified as a major cause of injuries to women in India.

Constitutional provisions

The Articles under Part III of the constitution of India relating to the Fundamental Rights which try to uplift the status of women and provide equal 130 opportunities for women irrespective of sex are stated below :

ARTICLE 14 of the Constitution

All persons including women are equal in the eyes of the law and they are also entitled to enjoy equal protection of laws within the territorial jurisdiction of India It signifies that all persons irrespective of sex should be treated equally in similar circumstances. In other words, the State should not make any discrimination between one person and another, and amongst equals the law should be administered equally.

Article 15 of the Constitution

It deals with Prohibition against discrimination. It prohibits the state to make any discrimination against any citizen including women on grounds of race, caste, sex, religion, place of birth etc. It states that all citizens irrespective of race, caste, sex etc. are entitled to enjoy equal rights in regard to access to shops, hotels, bathing ghats etc. But the state has the right to make any special provisions for women and children and also for the scheduled castes and the scheduled tribes.

Article 16 of the Constitution

All citizens including women will enjoy Equality of opportunity in matters of public EMPLOYMENT irrespective of their sex, races, castes, religions etc.

To prevent immoral traffic in Women and Girlchild Article 23 of the Constitution – It prohibits the traffic in human-being and forced labour. In pursuance of this Article, Parliament has passed the Suppression of Immoral Traffic in women and Girls Act, 1956 which is now renamed as "The immoral Traffic (Prevention) Act 1956" for punishing the actions which result in traffic in human beings.

According to Article 39 of the Constitution of India, the State shall direct its policy towards securing – (a) that the citizen, ·men and women shall equally have the right to an adequate means of livelihood, and (b) that there is equal pay for equal work for both men and women.

Article 42 of the Constitution of India states that, the State shall make provision ·for securing just and human conditions of work and for maternity relief.

Criminal laws related to domestic violence

The incidents of domestic violence against women have been increasing over the years. Women are subjected to violences like cruelty by husband and his relatives, · dowrydeath, grievous hurt, murder, marital rape by husband etc. There aie some criminal laws in India dealing with domestic violence cases which are stated below :

Indian penal code

The criminal law in India is contained primarily in the Indian penal code, 1860 (I.P.C). The I.P,C is supplemented by special laws, which define and punish specific offences. There are some sections in Indian penal code, 1860 which deals with different domestic violences.

In the case of domestiC violence, Culpable homicide amounts to murder, ' . unless it is committed without premeditation in a sudden fight or in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.

Therefore, culpable homicide is murder, if any act of the husband by which the death of a victim woman is caused is done with the intention of causing death, or, if it is done with the intention of causing such bodily injury as the husband of the victim woman knows that it might cause death of his wife. As for example – If any husband shoots his wife with the intention of killing her and the woman dies in consequence. Then the husband of that woman commits murder. Some other ipc provisions are as follows:

Rape (Sec. 376 IPC)

Kidnapping & Abduction for different purposes ( Sec. 363-373)

Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)

Torture, both mental and physical (Sec. 498-A IPC)

Molestation (Sec. 354 IPC) Sexual Harassment (Sec. 509 IPC)

Importation of girls (up to 21 years of age)

Provisions under code of criminal procedure ( Crpc)

Right to Privacy while recording statement- Under section 164 of CrPC, a woman who has been raped can record her statement before District Magistrate when the case is under trial and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is no crowded and does not provide any possibility of the statement being overheard by the third person.

Police can’t say no- A rape victim can register her complaint from any police station under Zero FIR ruling by The Supreme Court. Sometimes, the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station under the provision of Zero FIR. Search by another Women only- Under section 51(2) of CrPC, when an accused is a woman another woman should make search with strict regard to decency.

Opportunity to come out of the house- Section 47(2) CrPC says, if the accused hides in the house of a female who according to custom does not appear in public, the police cannot enter the house or break the house open unless notice is given to such female to withdraw and give her reasonable facility to withdraw herself.

Medical Examination by a female practitioner- Under section 53(2) CrPC, when a person to be examined medically is female, then the examination shall be made only by or under the supervision of female registered medical practitioner.

Attendance cannot be required at any other place- Section 160 CrPC protects women saying that no woman shall be required to attend any place other than a place in which she resides. Hence, a police officer cannot require the attendance of a woman, but on the contrary, he has to go to the place where she resides for making an investigation and can interrogate in the presence of a woman constable and family members or friends.

No arrests after sunset- Because to concerns of violation of the rights of women, section 46(4) provides that forbids the arrest of women after sunset and before sunrise, except in exceptional circumstances, in which case the arrest can be done by a woman police officer after making a written report and obtaining a prior permission from the concerned Judicial Magistrate of First class.

Protection to Women under Indian Constitution

The Indian Constitution provides for a number of safeguards for the protection of women. These safeguards are enshrined in the Fundamental Rights, Directive Principles of State Policy, Special Provisions for Women, Laws for Protection of Women, Women’s Organizations, Women in Politics, Women in the economy, Women in Education, Women in Health, Women in Media, Women in Sports, Women in Art and Culture, Women in Religion, Women in Society, and Women in the Family.

Fundamental Rights

The Fundamental Rights are the basic rights and freedoms that are guaranteed to all citizens of India. These rights are enshrined in Part III of the Constitution. The Fundamental Rights that are relevant to the protection of women are:

Right to Equality (Article 14): This right guarantees equality before the law and equal protection of the laws for all citizens, irrespective of sex.
Right to Freedom (Article 19): This right guarantees certain fundamental freedoms, including the freedom of speech and expression, the Freedom of Assembly, the Freedom of Association, the Freedom of Movement, and the freedom to practice any religion.
Right against Exploitation (Article 23): This right prohibits forced labor, child labor, and trafficking in human beings.
Right to Freedom of Religion (Article 25): This right guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.
Cultural and Educational Rights (Article 29): This right guarantees the right to conserve one’s culture, language, and script, and the right to establish and maintain educational institutions.
Right to Constitutional Remedies (Article 32): This right guarantees the right to move the Supreme Court for the enforcement of any of the Fundamental Rights.

Directive Principles of State Policy

The Directive Principles of State Policy are a set of principles that are fundamental to the governance of the country. These principles are enshrined in Part IV of the Constitution. The Directive Principles that are relevant to the protection of women are:

Equal Justice and free legal aid (Article 39A): This principle states that the State shall secure equal justice and free legal aid to all citizens, irrespective of sex.
Right to work, education, and public assistance (Article 41): This principle states that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, education, and public assistance to all citizens, irrespective of sex.
Special provision for women and children (Article 42): This principle states that the State shall make provision for securing just and humane conditions of work and for maternity relief.
Promotion of educational and economic interests of weaker sections (Article 45): This principle states that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation.

Special Provisions for Women

The Constitution also makes a number of special provisions for women. These provisions are enshrined in Part III and Part IV of the Constitution. The special provisions for women include:

Reservation of seats in Parliament and State Legislatures (Article 15(3)): This provision states that the State may, by law, make any provision for the reservation of seats for women in Parliament and the State Legislatures.
Special provision for women in Services (Article 16(4)): This provision states that the State may, by law, make any provision for the reservation of appointments or posts in favor of women in the services under the State.
Special provision for women and children in criminal law (Chapter V of the Indian Penal Code): This chapter of the Indian Penal Code deals with the offences against women and children. It includes offences such as rape, sexual harassment, child abuse, and trafficking in women and children.
Special provision for women in family law (Hindu Marriage Act, 1955, Hindu SUCCESSION Act, 1956, and Special Marriage Act, 1954): These laws provide for the protection of women’s rights in marriage, divorce, inheritance, and adoption.

Laws for Protection of Women

The Government of India has enacted a number of laws for the protection of women. These laws include:

The Protection of Women from Domestic Violence Act, 2005: This law provides for the protection of women from domestic violence.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This law provides for the prevention, prohibition, and redressal of sexual harassment of women at workplace.
The Immoral Traffic (Prevention) Act, 1956: This law prohibits trafficking in women and children.
The Dowry

Here are some frequently asked questions and short answers about women’s rights in India:

What are the main laws that protect women’s rights in India?

The main laws that protect women’s rights in India are the Indian Penal Code, the Protection of Women from Domestic Violence Act, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, and the Dowry Prohibition Act.

What are some of the challenges that women face in India?

Some of the challenges that women face in India include violence against women, discrimination in the workplace, and lack of access to education and healthcare.

What are some of the things that are being done to improve women’s rights in India?

The Indian government has taken a number of steps to improve women’s rights, including passing laws to protect women from violence, setting up women’s helplines, and providing financial assistance to women entrepreneurs.

What can individuals do to help improve women’s rights in India?

Individuals can help improve women’s rights in India by raising awareness about women’s issues, supporting organizations that work to promote women’s rights, and speaking out against violence against women.

What are some of the successes that have been achieved in improving women’s rights in India?

Some of the successes that have been achieved in improving women’s rights in India include the increase in the number of women in parliament, the decrease in the number of female infanticides, and the increase in the number of girls enrolled in school.

What are some of the challenges that remain in improving women’s rights in India?

Some of the challenges that remain in improving women’s rights in India include the high rate of violence against women, the low rate of women’s participation in the workforce, and the high rate of female illiteracy.

What is the future of women’s rights in India?

The future of women’s rights in India is bright. The Indian government is committed to improving women’s rights, and there is a growing awareness of women’s issues among the Indian public. With continued effort, India can achieve Gender Equality and create a more just society for all.

Which of the following is not a fundamental right of women in India?
(A) Right to equality
(B) Right to freedom
(C) Right against exploitation
(D) Right to freedom of religion
Which of the following is not a directive principle of state policy for women in India?
(A) Equal pay for equal work
(B) Prohibition of discrimination on grounds of sex
(C) Protection of women and children
(D) Promotion of educational and economic interests of women
Which of the following is not a provision of the Hindu Marriage Act, 1955?
(A) A Hindu marriage can be solemnized only between two consenting adults.
(B) A Hindu marriage can be dissolved by a decree of divorce.
(C) A Hindu marriage can be annulled by a decree of nullity.
(D) A Hindu marriage can be dissolved by a decree of judicial separation.
Which of the following is not a provision of the Hindu Succession Act, 1956?
(A) A Hindu female has the same rights of inheritance as a Hindu male.
(B) A Hindu female can inherit property from her father, mother, husband, and son.
(C) A Hindu female can also inherit property from her father-in-law, mother-in-law, and husband’s brother.
(D) A Hindu female can also inherit property from her husband’s sister.
Which of the following is not a provision of the Dowry Prohibition Act, 1961?
(A) It is an offense to demand dowry.
(B) It is an offense to give dowry.
(C) It is an offense to accept dowry.
(D) It is an offense to abet the demand, giving, or acceptance of dowry.
Which of the following is not a provision of the Indecent Representation of Women (Prohibition) Act, 1986?
(A) It is an offense to make, produce, publish, distribute, exhibit, or circulate any indecent representation of women.
(B) It is an offense to import, export, or sell any indecent representation of women.
(C) It is an offense to possess any indecent representation of women.
(D) It is an offense to exhibit any indecent representation of women in any public place.
Which of the following is not a provision of the Protection of Women from Domestic Violence Act, 2005?
(A) A woman has the right to live in a safe and violence-free Environment.
(B) A woman has the right to be free from domestic violence.
(C) A woman has the right to protection from domestic violence.
(D) A woman has the right to seek redressal for domestic violence.
Which of the following is not a provision of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?
(A) It is an offense to sexually harass a woman at the workplace.
(B) It is an offense to create a hostile work environment for a woman.
(C) It is an offense to indulge in any unwelcome sexual advances, requests for sexual favors, or making sexually suggestive remarks.
(D) It is an offense to demand any sexual favors in exchange for employment or promotion.
Which of the following is not a provision of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Act, 2018?
(A) It is an offense to traffic a person.
(B) It is an offense to harbor a trafficked person.
(C) It is an offense to receive a trafficked person.
(D) It is an offense to benefit from trafficking in persons.
Which of the following is not a provision of the Protection of Children from Sexual Offences Act, 2012?
(A) It is an offense to commit sexual assault on a child.
(B) It is an offense to commit aggravated sexual assault on a child.
(C) It is an offense to commit penetrative sexual assault on a child.
(D) It is an offense to commit sexual harassment of a child.