Protection to Women Women Under Indian Constitution & 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.,
India is a country with a rich history and culture. It is also a country with a long history of violence against women. In recent years, there has been a growing awareness of the need to protect women from violence, and the Indian government has enacted a number of laws to address this issue.
One of the most important laws is the Protection of Women from Domestic Violence Act, 2005. This law provides protection to women who are victims of domestic violence, including physical, sexual, emotional, and economic abuse. The law also provides for the establishment of Protection Officers and Domestic Violence Courts to deal with cases of domestic violence.
Another important law is the Dowry Prohibition Act, 1961. This law prohibits the giving or taking of dowry, which is a payment made by the bride’s family to the groom’s family at the time of marriage. Dowry has been a major cause of violence against women in India, and this law has helped to reduce the incidence of dowry-related violence.
The Indecent Representation of Women (Prohibition) Act, 1986, prohibits the depiction of women in a derogatory or indecent manner in any form of media. This law has been used to prosecute cases of pornography and other forms of sexual exploitation of women.
The Protection of Children from Sexual Offences Act, 2012, is a comprehensive law that protects children from sexual abuse. The law defines sexual abuse and sets out penalties for those who commit such acts. The law also provides for the establishment of special courts to deal with cases of child sexual abuse.
The Immoral Traffic (Prevention) Act, 1956, is a law that prohibits prostitution and other forms of sexual exploitation. The law provides for the rehabilitation of victims of sexual exploitation.
The Narcotic Drugs and Psychotropic Substances Act, 1985, is a law that prohibits the use, possession, and trafficking of drugs. The law also provides for the rehabilitation of drug addicts.
The Protection of Human Rights Act, 1993, is a law that protects the human rights of all persons in India. The law provides for the establishment of a National Human Rights Commission and State Human Rights Commissions to investigate and redress human rights violations.
The Right of Children to Free and Compulsory Education Act, 2009, is a law that guarantees free and compulsory education to all children aged 6 to 14 years. The law provides for the establishment of schools and other educational institutions to provide free education to children.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a law that prohibits sexual harassment of women at the workplace. The law provides for the establishment of Internal Complaints Committees in all workplaces to deal with cases of sexual harassment.
The Transgender Persons (Protection of Rights) Act, 2019, is a law that protects the rights of transgender persons in India. The law provides for the establishment of a National Council for Transgender Persons and State Councils for Transgender Persons to promote and protect the rights of transgender persons.
These are just some of the laws that have been enacted by the Indian government to protect women from violence. These laws have helped to reduce the incidence of violence against women in India, but there is still much work to be done. The government needs to continue to strengthen these laws and ensure that they are implemented effectively. It also needs to raise awareness about these laws and the rights of women.
Here are some frequently asked questions and short answers about the Protection granted to Females (CRPC) under Indian Constitution & Criminal Law (Penal Code):
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What is the Protection of Women from Domestic Violence Act, 2005?
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is an Act of the Parliament of India enacted to provide for the protection of women from domestic violence. The Act defines domestic violence to include physical, sexual, emotional, verbal, economic, and any other form of abuse. It also provides for the establishment of Protection Officers, Family Courts, and Mahila Police Stations to deal with cases of domestic violence. -
What are the types of domestic violence?
Domestic violence can take many forms, including physical violence, sexual violence, emotional abuse, verbal abuse, economic abuse, and stalking. Physical violence can include hitting, kicking, punching, choking, or any other form of physical assault. Sexual violence can include rape, forced sexual intercourse, or any other form of sexual assault. Emotional abuse can include name-calling, insults, threats, or any other form of verbal abuse. Verbal abuse can include name-calling, insults, threats, or any other form of verbal abuse. Economic abuse can include controlling a woman’s finances, preventing her from working, or any other form of economic abuse. Stalking can include following a woman, making unwanted phone calls, or any other form of harassment. -
What are the rights of women under the PWDVA?
Under the PWDVA, women have the right to live in a safe and violence-free Environment. They also have the right to protection from domestic violence, including the right to seek legal aid, the right to protection from eviction, and the right to maintenance. -
What are the remedies available to women under the PWDVA?
Women who have been victims of domestic violence can seek relief under the PWDVA by filing a complaint with the police or with a Protection Officer. The police can arrest the accused and file a chargesheet in the court. The Protection Officer can issue a protection order to the accused, directing him to stay away from the woman and to refrain from committing any further acts of violence. The court can also issue a protection order, directing the accused to stay away from the woman and to refrain from committing any further acts of violence. The court can also order the accused to pay maintenance to the woman. -
What are the challenges faced by women in accessing Justice under the PWDVA?
There are a number of challenges faced by women in accessing justice under the PWDVA. These include: -
Lack of awareness about the law: Many women are not aware of the PWDVA and their rights under the law.
- Fear of reprisal: Women are often afraid to report domestic violence to the police or to file a complaint with a Protection Officer, as they fear reprisal from the accused.
- Lack of support from family and friends: Women who are victims of domestic violence often do not receive support from their family and friends. This can make it difficult for them to leave the abusive relationship.
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Lack of Resources: There are a limited number of resources available to women who are victims of domestic violence. This can make it difficult for them to access the justice system.
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What can be done to address the challenges faced by women in accessing justice under the PWDVA?
There are a number of things that can be done to address the challenges faced by women in accessing justice under the PWDVA. These include: -
Raising awareness about the law: It is important to raise awareness about the PWDVA and the rights of women under the law. This can be done through public awareness campaigns, workshops, and seminars.
- Providing support to women: It is important to provide support to women who are victims of domestic violence. This can be done through shelters, counseling Services, and legal aid.
- Providing resources to women: It is important to provide resources to women who are victims of domestic violence. This can include financial assistance, housing assistance, and childcare assistance.
Sure, here are some MCQs without mentioning the topic Protection granted to Females (CRPC) under Indian Constitution & Criminal Law (Penal Code):
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Which of the following is not a fundamental right guaranteed by the Indian Constitution?
(A) Right to equality
(B) Right to freedom
(C) Right against exploitation
(D) Right to Property -
Which of the following is not a directive principle of state policy?
(A) To secure justice, social, economic and political, to all citizens
(B) To promote the welfare of the people
(C) To provide for free and compulsory education for all children up to the age of 14 years
(D) To prohibit the consumption of intoxicating drinks and drugs -
Which of the following is not a constitutional right of a child?
(A) Right to free and compulsory education
(B) Right to protection from abuse and neglect
(C) Right to live with parents
(D) Right to be heard in any judicial proceedings affecting him or her -
Which of the following is not a constitutional right of a woman?
(A) Right to equality
(B) Right to freedom
(C) Right against exploitation
(D) Right to property -
Which of the following is not a constitutional right of a person with disability?
(A) Right to equality
(B) Right to freedom
(C) Right against exploitation
(D) Right to education -
Which of the following is not a constitutional right of a minority?
(A) Right to freedom of religion
(B) Right to establish and maintain educational institutions
(C) Right to administer their own affairs in matters of religion
(D) Right to propagate their religion -
Which of the following is not a constitutional right of an accused person?
(A) Right to be presumed innocent till proved guilty
(B) Right to be informed of the accusation against him or her
(C) Right to consult a lawyer of his or her choice
(D) Right to be tried by a competent court -
Which of the following is not a constitutional right of a prisoner?
(A) Right to be treated with dignity and respect
(B) Right to be kept in a healthy environment
(C) Right to receive medical treatment
(D) Right to vote -
Which of the following is not a constitutional right of a citizen?
(A) Right to freedom of speech and expression
(B) Right to assemble peacefully and without arms
(C) Right to form associations or unions
(D) Right to carry arms -
Which of the following is not a constitutional right of a citizen?
(A) Right to vote
(B) Right to hold public office
(C) Right to Freedom of Movement
(D) Right to reside and settle in any part of the country