UNIT I

FEMINISM

• A system of ideas that examines the roots and reasons for women’s subordination in
relation to male/ masculine privilege.
• In tension with male-centred ideas and discourse
• It is an ideology
• It is also a movement for socio-political change based on said ideology
• It posits gender as the primary category of analysis
• “...a movement to end sexism, sexist exploitation, and oppression." Or in other words,
“the movement is not about being anti-male... the problem is sexism.” And sexism
being the result of socialization from birth can be a problem of and for both men and
women.

FEMINISM as movement

• Feminism is characterized by internal struggles based on differences of race, caste, and

class.
• Feminism is also rife with differences on modes of struggle much like many other
movements.
• To this extent, it is a range of movements rather than a singular, homogenous point of
view and mode of action.
• Feminism is ... not about individual men and women, but about understanding the ways
in which 'men' and 'women' are produced and inserted into patriarchies that differ
according to time and place.

FEMINIST

• One who subscribes to feminism(s)

• They exhibit consciousness of, discomfort at, or even anger over institutionalized
injustice (or inequity) toward women as a group by men as a group in a given society.
• They advocate the elimination of that injustice by challenging, through efforts to alter
prevailing ideas and/or social institutions and practices, the coercive power, force, or
authority that upholds masculine prerogatives in that particular culture.
• They recognize the validity of women's own interpretations of their lived experience
and needs and acknowledge the values women claim publicly as their own (as distinct
 from an aesthetic ideal of womanhood invented by men) in assessing their status in
society relative to men.

FEMINIST THEORY

• Feminist Theory is an outgrowth of the general movement to empower woman

worldwide.
• It is the extension of feminism into theoretical or philosophical discourse.
• It aims to understand the nature of gender inequality.
• Feminists fight for the equality of women and argue that women should share equally
in society’s opportunities and scarce resources.

Feminism is based on two premises

1. geneder differences the foundation of a structural inequality between men and women
due t which women suffer social injustices
2. The inequality between the sexes(male and female) ia not because of biological
necessity but is produced by the cultural construction of gender differences

Sex it refers to the identity based on biological category ( male & female )

Gender is the cultural meaning attached to the biological identity

KINDS OF FEMINIST THEORY

1. Liberal Feminism: It advocates that women are rationale beings. Thus they have the
right to choose their socio-political economy. It seeks equality through legal reform nit
through revolution
2. Radical Feminism: It aims to abolish patriarchy rather than making adjustments to
system. It wants to bring revolution. Radical feminists view society fundamentally as a
patriarchy in which men dominate and oppress women.
3. Marxist Feminism Inequality on gender is based on division of labor. Studies
inequality in terms of both class & gender.
4. Socialist Feminism: Blend of radical and Marxist feminism they say that women are
oppressed not only because of gender but also bcz of race, age, class and religion
5. Cultural feminism: It refers to a philosophy that men and women have different
approaches to the world around them
 6. Black feminism: Black and brown women face many problems due to not only their
gender but also because of their colours

All forms of feminism believes:

1. Relationship between men & women is that of inequality & oppression

2. Women need financial independence

HISTORY OF FEMINISM CONCEOPTS OF WAVES

➢ This concept of the “waves of feminism” first surfaced in the late 1960s as a way of
differentiating the emerging women’s movement at the time from the earlier movement
for women’s rights that originated in 1848 with the Seneca Falls Convention. At the
same time, the idea of a “second wave” also linked the movement to those earlier
activists in a long, worthy struggle for women’s rights.
➢ Critics of the “wave” concept argue that it oversimplifies a more complicated history
by suggesting that only one distinct type of feminism exists at any one time in history.
In reality, each movement includes smaller, overlapping sub-groups, which are often at
odds with each other. While the wave concept is certainly imperfect, it remains a helpful
tool in outlining and understanding the tumultuous history of feminism in the United
States, from its origins at Seneca Falls into the social media-fueled activism of the

WAVES First wave = women suffrage or having the right to vote, equal property rghts:

➢ The first wave in the late 19th-century was not the first appearance of feminist ideals,
but it was the first real political movement for the Western world. In 1792, Mary
Wollstonecraft published the revolutionary Vindication of the Rights of Woman.
➢ In 1848, about 200 women met in a church. They came up with 12 resolutions asking
for specific rights, such as the right to vote. Reproductive rights also became an
important issue for early feminists. After years of feminist activism, Congress finally
passed the 19th amendment in 1920 and gave women the vote. This was almost 30 years
after New Zealand became the first country where women could vote.
➢ First-wave feminism had a fairly simple goal: have society recognize that women are
humans, not property. While the leaders of 1st-wave feminism were abolitionists, their
focus was on white women’s rights. This exclusion would haunt feminism for years to
come.
Second wave = women’s libration movement for equal legal and social rights, sexuality,
family, the workplace, reproductive rights, de facto inequalities and official legal
inequalities:

➢ Second-wave feminism took place in the 1960s and ‘70s. It built on first-wave feminism
and challenged what women’s role in society should be. Inspired by the Civil Rights
movement. Activists focused on the institutions that held women back. This meant
taking a closer look at why women were oppressed. Traditional gender and family roles
were questioned. Queer theory became more established. There were major victories in
this era including the Equal Pay Act of 1963, Roe v. Wade in 1973, and other Supreme
Court cases. ((In the Roe v. Wade case, the U.S. Supreme Court held in 1973 that a
woman has a constitutional right to choose to have an abortion, based on the right to
privacy. This decision effectively legalized abortion in the United States.)
➢ Three main types of feminism emerged: mainstream/liberal, radical, and cultural.
Mainstream feminism focused on institutional reforms, which meant reducing gender
discrimination, giving women access to male-dominated spaces, and promoting
equality. Radical feminism wanted to reshape society entirely, saying that the system
was inherently patriarchal and only an overhaul would bring liberation. It resisted the
belief that men and women were basically the same. Cultural feminism had a similar
view and taught that there’s a “female essence” that’s distinct from men.

Third wave = several diverse strains of feminist activity and study

➢ The phrase “third-wave feminism” was coined in 1992 by Rebecca Walker, a 23-year-
old Black bisexual woman. This was an era of reclaiming. Many women more freely
expressed their sexuality in how they spoke, dressed, and acted.
➢ Generally, the beginning of the third wave is pegged to two things: the Anita Hill case
in 1991, and the emergence of the riot grrrl groups in the music scene of the early 1990s.
➢ Anita Hill Case: Hill testified that Clarence Thomas, a then-nominee for the US
Supreme Court, had sexually harassed her. Although he was confirmed despite her
allegations, the prominence of the hearings in the culture marked a new era of activism
and ferment that sought to dismantle gender exploitation and prejudice. In response to
this, Rebecca Walker published a piece in Ms Magazine, founded by Gloria Steinem,
supporting Hill and heralding the beginning of the Third Wave. She famously wrote, “I
am not a post-feminism feminist. I am the third wave.”
 ➢ Riot Grrrl Group: Aesthetically, the third wave is deeply influenced by the rise of the
riot grrrls, the girl groups who stomped their feet onto the music scene in the 1990s.
The triple "r" in grrrl was intended to reclaim the word girl for women that focused on
the viewpoint of adolescent girls.

Third-wave feminism makes three important tactical moves that respond to a series of
theoretical problems within the second wave.

❖ First, in response to the collapse of the category of “women,” the third wave
foregrounds personal narratives that illustrate an intersectional and multi perspectival
version of feminism
❖ Second, as a consequence of the rise of postmodernism, third-wavers embrace
multivocality over synthesis and action over theoretical justification.
❖ Finally, in response to the divisiveness of the sex wars, third-wave feminism
emphasizes an inclusive and nonjudgmental approach that refuses to police the
boundaries of the feminist political

CHARACTERSTICS OF 3RD WAVE

❖ Firstly, third-wavers emphasize that being a new generation they have their own
distinctive version of feminism which addresses their different societal contexts and the
particular set of challenges they face.
❖ Secondly, third-wavers claim to be less rigid and judgmental than their mothers’
generation, which they often represent as anti-male, anti-sex, anti-femininity, and anti-
fun. (In contrast to their perception of their mothers’ feminism, third-wavers feel
entitled to interact with men as equals, claim sexual pleasure as they desire it
(heterosexual or otherwise), and actively play with femininity.)
❖ Thirdly, third-wavers depict their version of feminism as more inclusive and racially
diverse than the second wave.
❖ Finally, third-wavers claim to have a broader vision of politics than second-wave
feminism, to have no “party line,” and to focus on more than just women’s issues.
❖ They emphasize that feminism and gender activism are part of a much larger agenda of
environmental, economic, and social justice, and one of its main arguments is that it is
counterproductive to isolate gender as a single variable.

Criticism Or Lacuna
 ❖ Third-wave feminism had an entirely different way of talking and thinking than the
second wave did but it also lacked the strong cultural momentum that was behind the
grand achievements of the second wave.
❖ The third wave was a diffuse movement without a central goal, and as such, there’s no
single piece of legislation or major social change that belongs to the third wave, the
way the 19th Amendment belongs to the first wave or Roe v. Wade belongs to the
second.

Pre Independence Period (status of women)

Inequality on the basis of sex is a staggering problem worldwide. India is hardly unique in this
regard. In almost all the present and contemporary societies it is discriminatory and prejudicial.
Nearly all human societies in different parts of the world are male-dominated. Males are active
part and the females only passive part of the different societies, only a thing of enjoyment of
males and in some societies. In theory they are respectable but in practice they are the subjects
of cruelty, illtreatment and all sorts of misbehaviour of males.

Sati: In the first half of the nineteenth century; social reformers such as Raja Rammohan Roy
campaigned for the elimination of Sati. Rammohan Roy' arguments against sati were cast
within the discourse of religion.

Child Marriage: The issue of child marriage was taken up in the later half of the century, led
by reformers such as Behram and Ranade. The prevalence, in 18th and early 19th centuries, of
child marriage leading often to early widowhood was one of the major concerns of the social
reformers. Their tireless efforts to curb this social evil finally resulted in 1956 in The Hindu
Widows Remarriage Act.

Women's Education: The recognition of equal right of women to education was recognized
against all conservative opposition. The pernicious practice of purdah began to diminish,
particularly among Hindus. The East India Company attached no significance to women
education. There was not even a single government school for women. Missionaries and some
institutions were privately running a few schools for girl. Between 1917 and 1947, women's
education grew rapidly. In 1915 the National Council of Women was established.

Position of Muslim Women: The demands for changes in the Muslim law to improve the
position of women were also building up. The reformers of the two communities didnot work
together. The significant change that was made as a result of all the agitation for improvement
among the Muslims was to give the right of divorce to Muslim Women in 1939.

Post Independence Position

In post independence period of Indian life, much has been done for liberation of Indian women
in all classes and religions of the country. The Constitution of India which declared equality of
status and of opportunity provided in Article-16(2) that no citizen shall on grounds only of
religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of any employment of office under the State. Article 15
prohibits discrimination on grounds of religion, race, caste, sex or place of birth, and the most
prominent fundamental right as to equality before law has been provided in Article 14 that the
State shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India.

Major reforms : reservation of women, age of marriage, abolition of child marriage,

prohibition of dowry, right to divorce, reforms regarding adoption, reforms in muslim law,
parsee law, hindu alw and christian laws

Constitutional Provision for Women:

 Article 14: Equality before the law or the equal protection of the law within the territory
of India.
 Article 15: No discrimination against any citizen on grounds of religion, race, caste,
sex, place of birth etc.
 Article 15(3)- Nothing in this article shall prevent State to make Special Provision for
women and children
 Article 16(1) – Equality of Opportunity in matter of Public Employment to any office
under the State.
 Article 16(3) – Nothing in this article shall prevent Parliament from making any law in
in regard to a class or classes of employment.
 Article 23: Prohibition of traffic in human beings and forced labour
 Article 38 – State to ensure a social order for the promotion of welfare of the people.
 Article 39(d) – that there is equal pay for equal work
 Article 42 – Provision for Just and humane conditions of work and maternity relief.
 Article 243(T) – Reservation of 1/3rd Seats to the Scheduled Caste or Scheduled Tribes.
 UNIT II
What is the PoSH Act, 2013?
The POSH Act is a legislation enacted by the Government of India in 2013 to address the issue
of sexual harassment faced by women in the workplace.
The Act aims to create a safe and conducive work environment for women and provide
protection against sexual harassment.
Scope and enactment of the POSH Act
A Dalit woman named Bhanwari Devi, who was employed by the government of Rajasthan in
the programme of rural development, was brutally gang-raped in 1992 for attempting to curb
the practice of child marriage at that time. It was seen that women working in this industry
were exposed to many hazards on a daily basis, thus, demonstrating the need for safeguards to
be implemented.
Under the banner of Vishakha, numerous women’s rights activists and lawyers had filed a
Public Interest Litigation (PIL) before the Supreme Court of India. The Vishakha
Guidelines were created as a result of a petition filed by Vishakha and four other women’s
organizations in Rajasthan against the State of Rajasthan and the Union of India. In August
1997, the Supreme Court in Vishakha v. the State of Rajasthan (1997) issued a judgment
providing guidelines for dealing with sexual harassment at work. It was seen as a significant
legal victory for women’s groups in India. Therefore, the issue of sexual harassment found
recognition in India in 1997, and the action was the result of a combined effort between non-
governmental organizations, feminists, and lawyers.
Definition
Definition Of Sexual Harassment In The Act
Section 2(n) of the act defines sexual harassment. It includes any one or more of the following:
• Uninvited physical contact and advances
• Making demand for sexual favours
• Making sexually covered remarks
• Showing pornography
• Any other unwelcome behaviour whether it's physical, verbal or non-verbal.
Objective
The main objective of the sexual harassment act of 2013 is to protect women from sexual
harassment and make it a safer place for them. Sexual harassment at a workplace is considered
an infringement of women's right to life, liberty and equality. It creates hostile work
surroundings, which is not conducive to women's participation in work, thereby negatively
affecting their economic and social empowerment and the goal of inclusive growth.
Employee
The POSH Act, under Section 2(f), defines employees broadly to include regular, temporary,
and ad hoc employees. In accordance with the section, an employee is an individual who is
engaged in a daily wage position, either directly or through an agent, a co-worker, a probationer,
a trainee, and an apprentice, whether remunerated or not, whether on a voluntary basis or
otherwise, and whether or not the terms of employment are express or implied.
Workplace
Although the Vishaka Guidelines only applied to traditional office settings, the POSH Act
introduces the concept of an extended workplace, recognizing that harassment may not
necessarily occur in the workplace itself. In accordance with Section 2(o) of the Act, a
‘workplace’ refers to any place visited by an employee as part of his or her employment,
including any transportation provided by the employer for traveling to and from work.
In Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2008), the respondent
who had been facing departmental inquiries for allegedly harassing a senior woman officer
contended that he could not be accused of sexual harassment at work since the misconduct
reportedly occurred not at work but in an official mess in which she resided. A further argument
made was that the complainant was in a senior position to the respondent, so he could not
extract any favour from her and, therefore, the act did not constitute sexual harassment. This
was deemed as clearly misconceived by the Delhi Court in its consideration of the case.
According to the Delhi High Court, the official mess, where the employee reported being
sexually harassed, fell under the definition of a workplace under the POSH Act.
▪ Key Provisions:
o Prevention and Prohibition: The Act places a legal obligation on employers
to prevent and prohibit sexual harassment in the workplace.
o Internal Complaints Committee (ICC): Employers are required to constitute
an ICC at each workplace with 10 or more employees to receive and address
complaints of sexual harassment.
• The Complaints Committees have the powers of civil courts for
gathering evidence.
o Duties of Employers: Employers must undertake awareness programs, provide
a safe working environment, and display information about the POSH Act at
the workplace.
o Complaint Mechanism: The Act lays down a procedure for filing complaints,
conducting inquiries, and providing a fair opportunity to the parties involved.
o Penalties: Non-compliance with the Act's provisions can result in penalties,
including fines and cancellation of business licenses.
Punishments and compensation
An employer may punish an employee in the following ways for engaging in sexual harassment
in accordance with the POSH Act:

• The punishment prescribed under the organization’s service rules;

 • In the absence of service rules in the organization, disciplinary action may include
a written apology, warning, reprimand, censure, withholding of promotion,
withholding of pay rise or increment, terminating the respondent from service,
undergoing a counseling session, or performing community service; and
•Reduction of the respondent’s wages to pay compensation to the aggrieved woman
(Section 13 of the POSH Act).
The POSH Act, in accordance with Section 15, also provides for compensation for aggrieved
women.

Medha Kotwal Lele vs. Union of India

In 1997, in a landmark case before the Supreme Court of India stemming from the brutal gang
rape of a publicly employed social worker at work (Vishaka and Others v. State of Rajasthan
and Others (1997) 6 SCC 241), the Court stated that a woman’s Constitutional rights to life
(with dignity), to equality and to practice any profession or carry out any occupation, demanded
safeguards against sexual harassment in the workplace. In the absence of legislative safeguards,
the Court, stated that an “affective alternative mechanism” was needed to prevent violations of
these fundamental rights in the workplace. To that end, the Court established guidelines
(“Vishaka Guidelines”) with regards to the prevention and redress of sexual harassment in the
workplace. These set out a series of obligations on employers to prevent or deter acts of sexual
harassment and to remedy occasions where such acts take place. The Court stated that the
Vishaka Guidelines were to be treated as a declaration of law and to apply until relevant
protective legislation was enacted by the Parliament.

354A. Sexual harassment and punishment for sexual harassment—

(1) A man committing any of the following acts--
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,shall be guilty of the offence of sexual harassmen
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-
section (1) shall be punished with rigorous imprisonment for a term which may extend to three
years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be
punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.]
Binu tamta and another v. high court of delhi and others
Held:-constitution of committee
Domestic violence – Protection of Women from Domestic Violence Act, 2005

Introduction...
Domestic violence affects women from every social background irrespective of their age,
religion, caste, or class. It is a violent crime that not only affects a person and her children but
also has wider implications for society....

The definition of violence has evolved over the years to an extent it not only includes physical
forms of violence but also emotional, mental, financial, and other forms of cruelty. Thus, the
term domestic violence includes acts which harm or endangers the health, safety, life, limb, or
wellbeing (mental or physical) of the victim, or tends to do so, and includes causing: physical
abuse, sexual abuse, verbal abuse, emotional abuse, and economic abuse, perpetrated by any
person who is or was in a domestic relationship with the victim....

Protection of Women from Domestic Violence Act, 2005: Meaning, Intent, and
Objective...
To minimize the cumbersome position of law, be it procedural or substantive, the Protection of
Women from Domestic Violence Act, 2005 was enacted to protect the women from acts of
domestic violence. The legislative intent was further emphasized by the Supreme Court of India
in the case of Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755 wherein it was stated that the
DV Act is enacted to provide a remedy in civil law for the protection of women, from being
victims of such relationship, and to prevent the occurrence of domestic violence in the society.
Other legislations like CrPC, IPC, etc., where reliefs have been provided to women who are
placed in vulnerable situations were also discussed....

The objective of the Act lays down “An Act to provide for more effective protection of the
rights of women guaranteed under the Constitution who are victims of violence of any kind
occurring within the family and for matters connected therewith or incidental thereto....
The Bombay High Court in the case of Ishpal Singh Kahai v. Ramanjeet Kahai, 2011 SCC
Online Bom 412 reiterated that the object of the DV Act is to grant statutory protection to
victims of violence in the domestic sector who had no proprietary rights. The Act provides for
security and protection of a wife irrespective of her proprietary rights in her residence. It aims
at protecting the wife against violence and at the prevention of recurrence of acts of violence....

Key Definitions under the Domestic Violence Act

Aggrieved Person
According to the definition provided under the DV Act in Section 2(a), an “aggreived person”
means any woman who is, or has been, in a domestic relationship with the respondent and who
alleges to have been subjected to any act of domestic violence by the respondent. Therefore,
any woman who is or has been in a domestic relationship is entitled to make a complaint
invoking provisions of the Act. The amount or period of time lived together by the petitioner
and respondent is not necessary in terms of that the petitioner and respondent should live or
have lived together for a particular period of time. Hence, application by lady, for maintenance,
from a man with whom she shared a close relationship is maintainable, M. Palani v.
Meenakshi, 2008 SCC Online Mad 150....
Domestic Relationship
According to Section 2(f) of DV Act, “domestic relationship” means a relationship between
two persons living in a shared household. Domestic relationship can be through marriage such
as wives, daughters-in-law, sisters-in-law, widows and any other members of the family; or
blood relationship such as mothers, sisters or daughters; and other domestic relationships
including through adoption, live-in relationships, and women in bigamous relationship or
victims of legally invalid marriages. The law addresses the concerns of women of all ages
irrespective of their marital status. The definition of “domestic relationship” under the DV Act
is exhaustive: when a definition clause is defined to “mean” such and such, the definition is
prima facie restrictive and exhaustive, Indra Sarmav. V.K.V Sarma, (2013) 15 SCC 755....

Shared Household
According to Section 2(s) of DV Act 2005, a shared household is where the aggrieved person
or a woman lives in a domestic relationship, either singly, or along with the man against whom
the complaint is filed. It may also imply a household where a woman has lived in a domestic
relationship but has been thrown out. This may include all kinds of situations whether the
household is owned by the respondent or it is rented accommodation. It also includes a house
either owned jointly by the aggrieved person and the respondent or both may have jointly or
singly, any rights, titles or interests. The DV Act recognizes a woman’s right to reside in a
shared household. This means a woman cannot be thrown out of such a household except
through the procedure established by the law. In case she is thrown out she can be brought back
again after obtaining the order from the court. A woman to claim the protection of right in
“shared household” has to establish (a) that the relationship with the opposite party is “domestic
relationship”, and (b) that the house in respect of which she seeks to enforce the right is “shared
household”. In Indian society, there are many situations in which a woman may not enter into
her matrimonial home immediately after marriage. A woman might not live at the time of the
institution of proceedings or might have lived together with the husband even for a single day
in “shared household” should not be left remediless despite valid marriage. Narrow
interpretation of “domestic relationship” and “shared household” would leave many a woman
in distress without remedy. Hence the correct interpretation of aforesaid definition including
the right to live in “shared household” would be that words “live” or “have at any point of time
lived” would include within its purview “the right to live”, Vandhana v. T. Srikanth, 2007 SCC
Online Mad 553....

V.D.Bhanot vs Savita Bhanot (retrospective effect of DV act)

Shachi Mahajan vs Santosh Mahajan (household was in name of mother in law but court
held that women should give benefit under DV act and entitled her rent or same residence)
Satish Chander Ahuja vs Sneha Ahuja 2020(household was in the name of father in
law,but court grant the benefit to women under this act ,and entitled her a residence or
rent)
In all the 3 case it was held that sharedhousehold mean/includes
• Lives at any stage
 • Singly/jointly
• Rented/owned
Domestic Violence
“Domestic violence” is a broad term that entails not only physical beating but also other forms
of violence such as emotional violence, mental violence, sexual violence, financial violence
and other forms of cruelty that may occur within a household. The definition provided in
Section 3 of the DV Act includes the following as acts of domestic violence:
“Any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or
valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
The Section also defines the meaning of terms physical abuse, sexual abuse, verbal and
emotional abuse, and economic abuse. It further enunciates that the overall facts and
circumstances of the case shall be taken into consideration in order to determine whether any
act, omission, commission or conduct of the respondent constitutes “domestic violence” under
the said section....

Who can seek help or can claim reliefs under the Domestic Violence Act?
According to the provisions of this Act, any aggrieved woman who is in a domestic relationship
with the respondent and who alleges to have been subjected to the act of domestic violence by
the respondent can seek help. A woman can file a complaint against any adult male perpetrator
who commits an act of violence. She can also file a complaint against any male or female
relatives of the husband/ male partner (for example in a live-in relationship) who has
perpetrated violence. The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora,
(2016) 10 SCC 165 struck down adult male from the definition of “respondent” stating that it
is not based on any intelligible differentia having rational nexus with object sought to be
achieved. The Supreme Court also explained in the said case that the categories of persons
against whom remedies under the DV Act are available include women and non-adults.
Expression “respondent” in Section 2(q) or persons who can be treated as perpetrators of
violence against women/against whom remedies under the DV Act are actionable cannot be
restricted to expression “adult male person” in Section 2(q). Thus, remedies under the DV Act
are available even against a female member and also against non-adults....

Protection Officer
Under Section 8 of the DV Act, the Protection Officer is appointed by the State Government as
per the provisions of the law. The Protection Officer acts as a facilitator between the aggrieved
woman and the court. The Protection Officer aids the aggrieved woman in filing of complaints,
and application before the Magistrate to obtain the necessary relief and also assists to obtain
medical aid, legal aid, counselling, safe shelter and other required assistance....

Duties of Protection Officer

Section 9 of the DV Act lays down the duties of the Protection Officer ...

Which Court can decide the case (jurisdiction)

Section 27 of the DV Act provides that a first class magistrate or metropolitan court shall be
the competent court to grant a protection order and other orders under the DV Act and to try
offences under the Act within the local limits of which
(a) the person aggrieved permanently or temporarily resides or carries on business or is
employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen. In a recent decision, the Supreme Court held that petition
under DV Act can be filed in a court where “person aggrieved” permanently or temporarily
resides or carries on business or is employed, Shyamlal Devda v. Parimala, (2020) 3 SCC
14....

Reliefs available under the Domestic Violence Act

The remedies available under the DV Act as provided from Section 18 to 23 for the aggrieved
person are as follows:
Protection orders (Section 18)
The Magistrate after giving the aggrieved person and the respondent an opportunity of being
heard and if satisfied that domestic violence has taken place or is likely to take place may pass
a protection order and prohibit the respondent from (a) committing any act of domestic
violence;...

Residence Order (Section 19)

The Magistrate may pass a residence order
a) restraining the respondent from dispossessing or in any other manner disturbing the
possession of the aggrieved person from the shared household, whether or not the respondent
has a legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing off the shared household or
encumbering the same;...

Monetary Relief (Section 20)

Under Section 20 of DV Act, an order for monetary relief can be passed by the court in case a
woman has incurred expenditure as a result of violence. This may include expenses incurred
by a woman on obtaining medical treatment, any loss of earnings, damage to property, etc. The
aggrieved person can also claim for maintenance from her male partner....

Custody Orders (Section 21)

The Magistrate may grant temporary custody of the children to the aggrieved woman or any
person making an application on her behalf. This is to prevent a woman from being separated
from her children, which itself is an abusive situation....

Magistrate’s power to grant interim and ex parte orders (Section 23)

Section 23 gives power to the Magistrate to pass such interim order as he deems just and proper
and also if the Magistrate is satisfied that an application prima facie discloses that the
respondent is committing, or has committed an act of domestic violence or that there is a
likelihood that the respondent may commit an act of domestic violence, he may grant an ex
parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved
person under Section 18, Section 19, Section 20, Section 21 or, as the case may be, Section 22
against the respondent....

section 31:-Penalty for breach of protection order by respondent shall be punished with
imprisonment which may extend to one year.

D. Velusamy Vs. D. Patchaiammal

Having noted the relevant provisions in The Protection of Women from Domestic Violence
Act, 2005, we may point out that the expression ‘domestic relationship’ includes not only the
relationship of marriage but also a relationship ‘in the nature of marriage.The question,
therefore, arises as to what is the meaning of the expression ‘a relationship in the nature of
marriage’. Unfortunately this expression has not been defined in the Act. Since there is no
direct decision of this Court on the interpretation of this expression we think it necessary to
interpret it because a large number of cases will be coming up before the Courts in our country
on this point, and hence an authoritative decision is required.
In our opinion a ‘relationship in the nature of marriage’ is akin to a common law marriage.
Common law marriages require that although not being formally married:
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin
to spouses for a significant period of time.
In our opinion a ‘relationship in the nature of marriage’; under the 2005 Act must also fulfill
the above requirements, and in addition the parties must have lived together in a ‘shared
household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one
night stand would not make it a ‘domestic relationship’.
No doubt the view we are taking would exclude many women who have had a live in
relationship from the benefit of the 2005 Act, but then it is not for this Court to legislate or
amend the law. Parliament has used the expression ‘relationship in the nature of marriage’ and
not ‘live in relationship’. The Court in the grab of interpretation cannot change the language of
the statute.

Indra Sarma Vs V.K.V. Sarma

Fact :-In this case unmarried women and married women knowingly living together.
Held :- the benefit of this Act will get only to the
• unmarried men -unmarried women
• unmarried women unknowingly living with married men
so, in the present case the the will not get any benefit under this Act, since the Appellant was
aware that the Respondent was a married person even before the commencement of their
relationship, hence the status of the Appellant is that of a concubine or a mistress, who cannot
enter into relationship in the nature of a marriage.

Dowry Prohibition Act, 1961

“Dowry” is a word that is very prevalent and common in Indian households. It is a practice that
has become a parasite for the Indian society and which has eroded the beautiful institution of
marriage. It is not a new practice but has been followed from ages, and its impact is such in
Indian society that one can make efforts to reduce it, but it cannot be totally eradicated. Several
laws have been enacted to prohibit the practice of dowry, but the legal clutches are weaker than
the ambit of the practice of dowry.
What is dowry?
According to section 2 of Dowry Prohibition Act, 1961, the term “dowry” means any property
or valuable security given or agreed to be given either directly or indirectly.
(a) By one party to a marriage to the other party to the marriage, or
(b) By the parent of either party to a marriage or by any other person, to either party to the
marriage or to any other person, at or before [or anytime after the marriage] [in connection with
the marriage of the said parties, but does not include] dower or mahr in the case of persons to
whom the Muslim Personal Law (Shariat).
Sec 3. Penalty for giving or taking dowry .[(1)] If any person, after the commencement of
this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable [with
imprisonment for a term which shall not be less than [five years, and with fine which shall not
be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is
more]:]
Provided that the Court may, for adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a term of less than [five years.]
[(2) Nothing in sub-section (1) shall apply to, or in relation to,
(a) presents which are given at the time of a marriage to the bride (without any demand having
been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made
under this Act:
(b) presents which are given at the time of a marriage to the bridegroom (without any demand
having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made
under this Act:
Provided further that where such presents are made by or on behalf of the bride or any person
related to the bride, such presents are of a customary nature and the value thereof is not
excessive having regard to the financial status of the person by whom, or on whose behalf, such
presents are given.]
Sec 4. Penalty for demanding dowry .If any person demands, directly or indirectly, from the
parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry,
he shall be punishable with imprisonment for a term which shall not be less than six months,
but which may extend to two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months.]
Sec 4-A. Ban on advertisement .If any person,
(a) offers, through any advertisement in any newspaper, periodical, journal or through any other
media, any share in his property or of any money or both as a share in any business or other
interest as consideration for the marriage of his son or daughter or any other relative;
(b) prints or publishes or circulates any advertisement referred to clause (a), he shall be
punishable with imprisonment for a term which shall not be less than six months, but which
may extend to five years, or with fine which may extend to fifteen thousand rupees:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a term of less than six months.]
Sec 6. Dowry to be for the benefit of the wife or her heirs .(1) Where any dowry is received
by any person other than the woman in connection with whose marriage it is given, that person
shall transfer it to the woman
(a) if the dowry was received before marriage, within [three months] after the date of marriage;
or
(b) If the dowry was received at the time of or after the marriage, within [three months] after
the date of its receipt; or
(c) it the dowry was received when the woman was a minor, within [three months] after she
has attained the age of eighteen years, and pending such transfer, shall hold it in trust for the
benefit of the woman.
[(2) If any person fails to transfer any property as required by sub-section (1) within the time
limit specified therefor, [or as required by sub-section (3)], he shall be punishable with
imprisonment for a term [which shall not be less than six months, but which may extend to two
years or with fine which shall not be less than five thousand rupees, but which may extend to
ten thousand rupees] or with both.]
(3) Where the woman entitled to any property under sub-section (1) dies before receiving it,
the heirs of the woman shall be entitled to claim it from the person holding it for the time being:
[Provided that where such woman dies within seven years of her marriage, otherwise than due
to natural causes, such property shall,
(a) if she has no children, be transferred to her parents, or
(b) if she has children, be transferred to such children and pending such transfer, be held in
trust for such children.]
Sec 7. Cognizance of offences .(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974),
(a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first
class shall try any offence under this Act;
(b) no Court shall take cognizance of an offence under this Act except upon
(i) its own knowledge or a police report of the facts which constitute such offence, or
(ii) a complaint by the person aggrieved by the offence or a parent or other relative of such
person, or by any recognized welfare institution or organisation;
(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to
pass any sentence authorised by this Act on any person convicted of an offence under this Act.
Explanation. For the purposes of this sub-section, recognized welfare institution or
organisation means a social welfare institution or organisation recognized in this behalf by the
Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall
apply to any offence punishable under this Act.]
[(3) Notwithstanding anything contained in any law for the time being in force a statement
made by the person aggrieved by the offence shall not subject such person to a prosecution
under this Act.]
Sec 8. Offences to be cognizable for certain purposes and to be [non-bailable] and non-
compoundable .(1) The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences
under this Act as if they were cognizable offences
(a) for the purposes of investigation of such offences; and
(b) for the purposes of matters other than
(i) matters referred to in section 42 of that Code; and
(ii) the arrest of a person without a warrant or without an order of a Magistrate.
(2) Every offence under this Act shall be [non-bailable] and non-compoundable.]
Sec 8-A. Burden of proof in certain cases .Where any person is prosecuted for taking or
abetting the taking of any dowry under section 3, or the demanding of dowry under section 4,
the burden of proving that he had not committed an offence under these sections shall be on
him].
Sec 8-B. Dowry Prohibition Officers .(1) The State Government may appoint as many Dowry
Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise
their jurisdiction and powers under this Act.
(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and
functions, namely:
(a) to see that the provisions of this Act are complied with;
(b) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of,
dowry;
(c) to collect such evidence as may be necessary for the prosecution of persons committing
offences under this Act; and
(d) to perform such additional functions as may be assigned to him by the State Government,
or as may be specified in the rules made under this Act.
(3) The State Government may, by notification in the Official Gazette, confer such powers of
a police officer as may be specified in the notification on the Dowry Prohibition Officer who
shall exercise such powers subject to such limitations and conditions as may be specified by
rules made under this Act.
(4) The State Government may, for the purpose of advising and assisting Dowry Prohibition
Officers in the efficient performance of their functions under this Act, appoint an Advisory
Board consisting of not more than five social welfare workers (out of whom at least two shall
be women) from the area in respect of which such Dowry Prohibition Officer exercises
jurisdiction under sub-section (1).]
Indian Penal Code, 1860
• Dowry Death (section 304 B)- Section 304(B) reads as follows-
1. Where the death of a woman is caused by any burns or bodily injury or occurs otherwise
than under normal circumstances within seven years of her marriage and it is shown
 that soon before her death she was subjected to cruelty or harassment by her husband
or any relative of her husband for, or in connection with, any demand for dowry, such
death shall be called “dowry death” and such husband or relatives shall be deemed to
have caused her death.
Explanation – For the purposes of this sub section, “dowry” shall have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961.
2. Whoever commits dowry death shall be punished with imprisonment for a term which
shall not be less than seven years but which may extend to imprisonment for life.
In Vemuri Venkateshwara Rao v. State of Andhra Pradesh[5], the court has laid down the
following guideline for establishing an offence under section 304(B) and they are-
1. That there is a demand of dowry and harassment by the accused,
2. That the deceased had died,
3. That the death is under unnatural circumstances. Since there was demand for dowry
and harassment and death within 7 years of marriage, the other things automatically
follow and offence under section 304-B is proved.
• Husband or relative of husband subjecting women to cruelty (section 498-A) –
Section 498- A reads as follows-
1. Husband or relative of husband of a woman subjecting her to cruelty- Whoever, being
the husband or the relatives of the husband of a woman, subject such woman to cruelty
shall be punished with imprisonment for a term which may extend to three years and
shall also be liable to fine.
Explanation – For the purpose of this section “cruelty” means –
1. Any willful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman, or
2. Harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security
or is on account of failure by her or any person related to her to meet such demand
In Bhoora Singh v. State[6], it was held that the husband and in-laws subjected the wife the
cruelty for bringing insufficient dowry and finally burnt her down, thereby inviting a sentence
of three years rigorous imprisonment and a fine of Rs.500/- for an offence committed under
section 498-A of Indian Penal Code.
 UNIT III
World Conferences on Women
The United Nations has organized four world conferences on women. These took place in:
● Mexico City in 1975
● Copenhagen in 1980
● Nairobi in 1985
● Beijing in 1995
The 1995 Fourth World Conference on Women in Beijing marked a significant turning point
for the global agenda for gender equality. The Beijing Declaration and the Platform for Action,
adopted unanimously by 189 countries, is an agenda for women’s empowerment and
considered the key global policy document on gender equality. It sets strategic objectives and
actions for the advancement of women and the achievement of gender equality in 12 critical
areas of concern:

1. Women and poverty

2. Education and training of women
3. Women and health
4. Violence against women
5. Women and armed conflict
6. Women and the economy
7. Women in power and decision-making
8. Institutional mechanism for the advancement of women
9. Human rights of women
10. Women and the media
11. Women and the environment
12. The girl-child
The Beijing conference
● The Beijing conference built on political agreements reached at the three previous global
conferences on women, and consolidated five decades of legal advances aimed at securing the
equality of women with men in law and in practice.
● More than 17,000 participants attended, including 6,000 government delegates at the
negotiations, along with more than 4,000 accredited NGO representatives, a host of
international civil servants and around 4,000 media representatives.

● A parallel NGO Forum held in Huairou near Beijing also drew some 30,000 participants.

Before Beijing
1975, Mexico City:
● The Commission on the Status of Women called for the organization of the first world
conference on women to coincide with International Women’s Year.
● 133 governments participated, while 6,000 NGO representatives attended a parallel forum,
called the International Women’s Year Tribune.
● The conference defined a World Plan of Action for the Implementation of the Objectives of
the International Women’s Year, which offered a comprehensive set of guidelines for the
advancement of women through 1985.
1980, Copenhagen:
● 145 Member States gathered for the mid-decade World Conference.
● It aimed to review progress in implementing the goals of the first world conference, focusing
on employment, health and education.
● A Programme of Action called for stronger national measures to ensure women’s ownership
and control of property, as well as improvements in protecting women’s rights to inheritance,
child custody and nationality.
1985, Nairobi:
● The conference’s mandate was to establish concrete measures to overcome obstacles to
achieving the Decade’s goals.
● Participants included 1,900 delegates from 157 Member States; a parallel NGO Forum
attracted around 12,000 participants.
● Governments adopted the Nairobi Forward-Looking Strategies for the Advancement of
Women, which outlined measures for achieving gender equality at the national level and for
promoting women’s participation in peace and development efforts.
Follow-up to Beijing
2000: A 5-year review
The General Assembly decided to hold a 23rd special session to conduct a five-year review and
appraisal of the implementation of the Beijing Platform for Action, and to consider future
actions and initiatives. “Women 2000: Gender Equality, Development, and Peace for the
Twenty-First Century” took place in New York, and resulted in a political declaration and
further actions and initiatives to implement the Beijing commitments.
2005: A 10-year review
● Delegates adopted a declaration emphasizing that the full and effective implementation of
the Beijing Declaration and Platform for Action is essential to achieving the internationally
agreed development goals, including those contained in the Millennium Declaration.
2010: The 15-year review.
● Member States adopted a declaration that welcomed the progress made towards achieving
gender equality
● Member states pledged to undertake further action to ensure the full and accelerated
implementation of the Beijing Declaration and Platform for Action.
2015: The 20-year review.
● The session also addressed opportunities for achieving gender equality and the empowerment
of women in the post-2015 development agenda.
● Member States adopted a political declaration that welcomed the progress made towards
achieving gender equality.
2020: The 25-year review
The 25-year review and appraisal of the Beijing Platform for Action took place during the
Commission’s 64th session, held in March 2020.
The Commission on the Status of Women adopted:
● A resolution on “Multi-year programme of work of the Commission on the Status of
Women”, for action by the Economic and Social Council, without a vote.
● A resolution on “Women, the girl child, and HIV and AIDS”.
● A resolution on “Release of women and children taken hostage, including those subsequently
imprisoned, in armed conflict”.
Women's rights protected or recognised through:
 by feminism
 By other legal developments
Indias national laws on women
 Constitution
 Central government laws
 State laws
 Judgements
International laws
 Un Charter 1945
 UDHR 1948
 ICCPR/ICESCR 1966
 CEDAW 1979
  CRC 1989
Importance of March 8 women's day
2023 theme
" DigitALL: Innovation and Technology for Gender Equality".
Relevancy of March 8
Manage to remind social, political and economical achievements of women
Objectives
 Celebrating women's achievements
 Education awareness raise for women equality
 Enhancing women's rights
 Aims to promote gender equality by encouraging of equal participation in social,
economic, cultural, political and other activities
Famous cases
Shah Bano
Vishakha
Gita Hari
CEDAW
Two types of bodies
 Charter based
 Treaty based ( ICCPR, HRC, CEDAW, CRC)
CEDAW provides majorly 3 things (aims)
 guaranteeing women’s individual rights,
 Social support to women
 Enhancing social and cultural Change
IMPORTANTS
➢ Equality and dignity mean that not subjugation but participation, not dependency but
autonomy, not slavery but freedom are the key notions in this human rights value
orientation.
➢ the Convention incorporates the standard that all forms of discrimination against
women that lead to an infringement of their human rights should be eliminated.
➢ In such a human rights approach, discrimination against women is seen as an instance
of their oppression, which, according to Iris Marion Young, can take at least five
different forms. According to her, women experience a :
1. mixture of exploitation,
2. marginalisation,
3. powerlessness,
4. cultural imperialism and
 5. violence.
the word ‘sex’ might be understood to include not only the male and female sex but all kinds
of sexes, including transgendered, intersexed, and other differently sexed and gendered people.
Committee confirmed that the object and purpose of the Convention is threefold:
1. to ensure full equality of women before the law and protection against discrimination
in the public as well as the private sphere;
2. to improve the de facto position of women; and
3. to address prevailing gender relations and the persistence of gender-based stereotypes
The third mentioned objective of the Convention, that is addressing prevailing gender relations
and the persistence of gender-based stereotypes, is laid down in Article 5, which provides that:
States Parties shall take all appropriate measures:
a) to modify the social and cultural patterns of conduct of men and women, with a view
to achieving the elimination of prejudices and customary and all other practices that are
based on the idea of the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women; and
b) to ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the
upbringing and development of their children, it being understood that the interest of
the children is the primordial consideration in all cases.
The first five Articles of the Convention make clear that formal, substantive and transformative
equality lie at the basis of a simultaneously applied (holistic) approach to combating
discrimination against women. For that purpose, three different strategies could and should be
applied by the States Parties to the Convention:
1. a strategy of giving individuals a legal right (entitlement) to equal treatment before and
in the law (an Individual Rights Strategy; IRS);
2. a strategy of providing social support to those persons or groups of persons who have
least opportunities to lead a meaningful life as a human being, for example to those who
are disabled or poor, and/ or who are discriminated against on the grounds of (inter alia)
sex (a Social Support Strategy; SSS); and
3. a strategy to take away the structural causes of such discrimination through a process
of social and cultural change (Strategy of Social and Cultural Change; SSCC)
Part I
ARTICLE 1
the term ‘discrimination against women’ shall mean any distinction, exclusion, or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms to the political,
economic, social, cultural, civil or any other field
Article 2 elimination of discrimination
Article 3 ensure for development and advancement
Article 4 special measures aimed at accelerating de facto equality between men and women
Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural
patterns of conduct of men and women, with a view to achieving the elimination of prejudices
(b) To ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the upbringing
and development of their children,

Article 6 appropriate measures and legislation to suppress all forms fo women trafficking and
prostitution
Part II
Article 7 ensure to women on equal terms with men:
To vote
To participate in the formulation of government policy and implementation thereof
To participate in NGO's
Article 8 to ensure to women without any discrimination, the opportunity to represent
government at international level
Article 9 state shall grant nationality rights equal to men
To acquire, change, or retain their nationality and with respect to their children as well
Part III
Article 10 right to education equal to men, same condition, same curriculum, same opportunity
equal to men
Article 11 right to work equal to men ( protective legislation)
Article 12 right to health equal to men
Article. 13 to ensure the economic and social life equal to men such as right to family, bank
loans
Article 14 to ensure the development of rural women
Part IV
Article 15 state shall Accord to women equality with men before law: in civil matters, legal
capacity to draft or make agreements
Article 16 marriage, family life, divorce, right to choose spouse, right to marriage with free and
full consent
Part V
Article 17
CEDAW Committee
A specialised body
23 experts body
The treaty is monitored by a 23-member expert committee called the Committee on the
Elimination of Discrimination Against Women.
The members are elected by state parties with the tenure of membership lasting four years
➢ Article 17 (1). Elections of the members of the Committee shall be held at a meeting of
States Parties convened by the Secretary-General at United Nations Headquarters. At
that meeting, for which two thirds of the States Parties shall constitute a quorum, the
persons elected to the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the representatives of States
Parties present and voting.
➢ Article 17(5). The members of the Committee shall be elected for a term of four years.
However, the terms of nine of the members elected at the first election shall expire at
the end of two years; immediately after the first election the names of these nine
members shall be chosen by lot by the Chairman of the Committee.
Submission of reports

➢ Article 18 (1). States Parties undertake to submit to the Secretary-General of the United
Nations, for consideration by the Committee, a report on the legislative, judicial,
administrative or other measures which they have adopted to give effect to the
provisions of the present Convention and on the progress made in this respect:
a) Within one year after the entry into force for the State concerned;
b) Thereafter at least every four years and further whenever the Committee so
requests.
➢ Article 18 (2). Reports may indicate factors and difficulties affecting the degree of
fulfilment of obligations under the present Convention.

A Committee on the Elimination of Discrimination Against Women was established in the year
1981 when the Convention entered into force. It is composed of 23 independent experts. The
Committee meets only for two weeks a year, which is clearly inadequate. The State Parties are
required to report periodically to the Committee on the legislative, judicial. administrative or
other measures which they have adopted to give effect to the provision of the Convention.
Optional Protocol to the Convention on Women: The Convention did not provide for
individual complaint system. In order to fulfill this deficiency the General Assembly on
October 7, 1999 adopted the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination Against Women.
In accordance with the Optional Protocol to the Convention, the Committee is mandated
to:
 1. receive communications from individuals or groups of individuals submitting claims of
violations of rights protected under the Convention to the Committee and
2. initiate inquiries into situations of grave or systematic violations of women’s rights.
These procedures are optional and are only available where the State concerned has
accepted them.
Functions of CEDAW Committee
➢ To monitor CEDAW policy
➢ To give general recommendation, observation of officials, interpretation
➢ Complaint body (parties part of protocol)
India’s CEDAW story
India signed the CEDAW on 30 July 1980 and ratified it on 9 July 1993 with two declarations
and one reservation. The reservation to Article 29(1) is of little significance, as it does not touch
upon the core obligations under the CEDAW.1 India’s declarations, however, seek to curtail its
core obligations under Articles 5(a), 16(1) and 16(2).

The initial report, due in 1994, was submitted in 1999 and reviewed in 2000; the second and
third reports, which were due in 1998 and 2002 respectively, were combined and submitted in
2005 and reviewed in 2007; the combined fourth and fifth periodic report is expected to be
submitted in 2012. In between the two country reviews of 2000 and 2007, the CEDAW
Committee sought information on gender-based violence that was perpetrated during the
carnage in Gujarat in 2002, its gendered impact and steps taken to address these issues.

The Indian Constitution guaranteed to women equality before the law, while endorsing
affirmative action for women.7 In addition, India had ratified the International Covenant on
Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR) in 1979,

The Shah Bano case, upheld the right of a divorced Muslim woman to claim maintenance
from her husband under section 125 of the Criminal Procedure Code that is uniformly available
to dependent wives across all religions. Following a backlash by the Muslim orthodoxy against
the judgment, the liberal secular Congress Party (then in government) hastily enacted the
Muslim Women’s (Protection of Rights on Divorce) Act 1986, that sought to exclude divorced
Muslim women from recourse to section 125

In Gita Hariharan and Anr. v. Reserve Bank of India,51 the Court addressed two separate
petitions, both of which challenged the constitutional validity of section 6 of the Hindu
Minority and Guardianship Act 1956, and section 19 of the Guardian and Wards Act 1890, for
placing the mother in an inferior position with regard to the guardianship of a minor. Rather
than striking down the provision as discriminatory, the Court granted relief to the petitioners
by holding that the word ‘after’ meant ‘in the absence of’, thereby extending guardianship to
mothers while the father was living, or in circumstances where the father was physically absent,
had delegated his right or was found unfit.

The case of Seema v. Ashwani Kumar pertained to the matter of compulsory registration of
marriages, a concern that the Supreme Court framed on its own initiative, in the context of a
husband’s denial of the marriage to avoid his wife’s maintenance claim. The Court held that
marriages of all persons irrespective of religion should be compulsorily registered in their
respective states, and asked the states to report on the status of the law. While about five states
had laws on compulsory registration, a few others had laws pertaining to voluntary registration
of marriages. Despite India’s declaration, the Court laid down guidelines for the states to enact
rules with regard to compulsory registration of marriages, with penalties attached to non-
registration.

In Vishaka v. State of Rajasthan, a women’s organization from Rajasthan drew attention to the
risks to and protection gaps for women workers in the absence of a sexual harassment law.

The Court’s judgment in Anuj Garg v. Hotel Association of India elaborates the principle of
substantive equality, to strike down a protectionist law that barred women from working in
premises where liquor is consumed.

That the judiciary has played a leadership role in domesticating the CEDAW is demonstrated
through the setting out of guidelines for law-making, much more than may be possible through
a politically charged legislature. In four cases, guidelines were formulated to plug the legal
vacuum, urging legislative reform to follow. The judgments in Delhi Domestic Working
Women Forum, Vishaka, Sakshi and Ashwani Kumar are illustrative of this trend.

The National Commission for Women Act, 1990

Constitution of the National Commission for Women:

❖ The Central Government shall constitute a body to be known as the National

Commission for Women to exercise the powers conferred on, and to perform the
functions assigned to it under this Act.

The Commission shall consist of :

 a) a Chairperson, committed to the cause of women, to be nominated by the Central
Government;
b) five Members to be nominated by the Central Government from amongst persons of
ability, integrity and standing who have had "experience in law or legislation, trade
unionism, management of an industry or organisation committed to increase the
employment potential of women.

Provided that at least one Member each shall be from amongst persons belonging to the
Scheduled Castes and Scheduled Tribes respectively;

c) a Member-Secretary to be nominated by the Central Government who shall be :

i. an expert in the field of management, organisational structure or sociological
movement, or
ii. an officer who is a member of a civil service of the union or of an all-India service
or holds a civil post under the Union with appropriate experience.

Term of office and conditions of service of Chairperson and Members:

i. The Chairperson and every Member shall hold office for such period, not exceeding three
years, as may be specified by the Central Government in this behalf.

ii. The Chairperson or a Member other than the Member-Secretary, may, by writing and
addressed to the Central Government resign from the office of Chairperson or, as the case may
be of the Member at any time.

iii. The Central Government shall remove a person from the office of Chairperson or a Member

referred to in sub-section (2) if that person:

a. becomes an undischarged insolvent;

b. gets convicted and sentenced to imprisonment for an offence which in the opinion of
the Central Government involves moral turpitude;
c. becomes of unsound mind and stands so declared by a competent court;
d. refuses to act or becomes incapable of acting;
e. is, without obtaining leave of absence from the Commission, absent from three
consecutive meetings of the Commission; or
 f. in the opinion of the Central Government has so abused the position of Chairperson or
Member as to render that person's continuance in office detrimental to the public
interest:

Committees of the Commission:

i. The Commission may appoint such committees as may be necessary for dealing with such
special issues as may be taken up by the Commission from time to time.

ii. The Commission shall have the power to co-opt as members of any committee appointed
under sub-section (1) such number of persons, who are not members of the Commission, as it
may think fit.

Procedure to be regulated by the Commission:

i. The Commission or a committee thereof shall meet as and when necessary and shall meet at
such time and place as the Chairperson may think fit.

ii. The Commission shall regulate its own procedure and the procedure of the committees
thereof.

iii. All orders and decisions of the Commission shall be authenticated by the MemberSecretary
or any other officer of the Commission duty authorised by the Member-Secretary in this behalf.

Functions of the Commission:

The Commission shall perform all or any of the following functions, namely:

a. investigate and examine all matters relating to the safeguards provided for women
under the Constitution and other laws,
b. persent to the Central Government, annually and at such other times as the Commission
may deem fit, reports upon the working of those safeguards;
c. make in such reports recommendations for the effective implementation of those
safeguards for
d. improving the conditions of women by the Union or any States;
e. review, from time to time, the existing provisions of the Constitution and other laws
affecting women.
f. take up the cases of violation of the provisions of the Constitution and of other laws
relating to women with the appropriate authorities;
 g. look into complaints and take suo motu notice of matters relating to : i. deprivation of
women's rights; ii. non-implementation of laws enacted to provide protection to
women. iii. non-compliance of policy decisions, guidelines or instructions.
h. undertake promotional and educational research so as to suggest ways of ensuring due
representation of women in all spheres
i. participate and advise on the planning process of socio-economic development of
women;
j. evaluate the progress of the development of women under the Union and any State;
k. inspect or cause to be inspected a jail, remand home, women's institution or other place
of custody.

UNIT V
Juvenile Justice (Care and Protection of Children)Act, 2015
Background
Nirbhaya incident - 16 December 2012
• A juvenile was also an accused in the Gang rape bit was treated under the previous JJ Act as
Juvenile even though the crime was heinous.
• After protest immediately new JJ Act was introduced
Juvenile Justice Act, 2015
Definition:
• Child: Person below 18 years on date of commission of offence
• Juvenile: person below 18 years on date of commission of offence
• Child in conflict of law: person below 18 years on daye of offence and alleged/ found
to commit offence
• Petty Offence: Offence with punishment below 3 years imprisonment
• Serious Offence: Offence with punishment between 3-7 yrs imprisonment
• Heinous Offence: Offences with punishment more than 7 yrs imprisonment
• Childrens Court: Sessions Court or POSCO court or Court under Commission for
protection of child rights Act
Juvenile Justice Board
• One Principal Magistrate: Metropolitan Magistrate or Judicial Magistrate First Class +
atleast 3 yrs experience
• Two Social workers (atleast one woman) + atleast 7 yrs experience in child health
education or welfare activities
• Decision by Board by majority, (Magistrates decision prevails)
• Final disposition done by two members (One Magistrate)
Powers of Court in Juvenile matters
 • Person ceases to be child during inquiry (Sec.5)
The Court may continue inquiry as if person continues to be child
• Person when apprehended completed 18 years (Sec.6)
Person to be treated as child during inquiry.
• Juvenile produced before Magistrate not empowered (Sec.9)
a.Record opinion and forward to the Board
b. Take evidence(except) Affidavit - on persons claim of Juvenile
Apprehension, Inquiry, and Trial
• Apprehension (Section 10): produced before Board within 24 hours, not to be kept in
jail or police lock-up
• Information to Parents, guardian or probation officer (Sec.13)
• Released on Bail(Sec.12): Whether Bailable or Non- Bailable Offence decided by JJ
Board.
• Inquiry by Board (Sec.14):-in Petty Offence (inquiry should be completed within 4
months),in Serious Offence (within 4 month) and in Heinous Offence (Preliminary
Assessment Report shall be submitted by board within 3 months)
Trial
• Petty Offence: Summary Trial
• Serious Offence: Trial of Summons Case
• Heinous Offence:
Age below 16 years: Trial of Summons case
Age between 16 to 18 years: Trial by childrens Court as an Adult
Punishment
1. No Death Sentence or Life imprisonment
2. Found in Conflict with law:
• Allow child to go home
• Participate in group counselling
• Perform community service
• Child/parent to pay fine
• Released on Probation
• Sent to special homes
Presumption of Age/Appeal/ Revision
• Presumption/Determination of Age: through evidence
Birth Certificate: Matriculation or equivalent certificate/Certificate from Municipality
or Panchayat/ School
Medical opinion or ossification test may be sought but not conclusive
• Appeal from JJ Board lieas to Childrens Court within 30 days
• No Second Appeal from Sessions Court
• Revision before High Court
 • Procedure: inquiry, Appeal & Revision: Cr.P.C.
Leading Cases
Hari ran v. State of Rajasthan 2009 SC: case will be decided on the Age of juvenile on date
of offence
Arnit Das v. State of Bihar 2005 SC: if there are Two views on evidence of age, the court to
lean in favour of juvenile
Pratap Singh v. State of Jharkhand 2005 SC: decision will be based on the Date of
determination of age- date of commission of offence
Babloo Pasiv. State of Jharkhand 2008 SC: Medical opinion not conclusiove of age- cannot
indicate exact age
Om Prakash v. State of Rajasthan 2012 SC: Medical Evidence not conclusive of age of
juvenile
Abuzar Hussain v. State of West Bengal 2012 SC: Claim of juvenility can be raised at any
stage: final disposal, appeal
Sec 94(2)Presumption and determination of age:- (2) In case, the Committee or the Board
has reasonable grounds for doubt regarding whether the person brought before it is a child or
not, the Committee or the Board, as the case may be, shall undertake the process of age
determination, by seeking evidence by obtaining —
(i) the date of birth certificate from the school, or the matriculation or equivalent certificate
from the concerned examination Board, if available; and in the absence thereof;
(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;
(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test
or any other latest medical age determination test conducted on the orders of the Committee or
the Board:
Provided such age determination test conducted on the order of the Committee or the Board
shall be completed within fifteen days from the date of such order.

RISHIPAL SINGH SOLANKI VS.STATE OF UTTAR PRADESH & ORS.

In this case it was held that A claim of juvenility may be raised at any stage of a criminal
proceeding, even after a final disposal of thecase. Delay in raising the claim of juvenility cannot
be a ground for rejection of such claim. Burden is on the person raising the claim to satisfy the
Court to discharge the initial burden. Documents mentioned inRule 12(3)(a)(i), (ii), and (iii) of
the JJ Rules 2007 made under the JJ Act, 2000 or Sub-section (2) of Section 94 of JJ Act, 2015,
sufficient for prima facie satisfaction of the Court. The said presumption is however not
conclusive proof of the age of juvenility and the same may be rebutted by contra evidence let
in by the opposite side. When the determination of age is on the basis of evidence such as
school records, it is necessary that the same would have to be considered as per Section 35 of
the Indian Evidence Act, inasmuch as any public or official document maintained in the
discharge of official duty would have greater credibility than private documents. Ossification
Test cannot be the sole criterion for age determination and a mechanical view regarding the age
of a person cannot be adopted solely on thebasis of medical opinion by radiological
examination. Such evidence is not conclusive evidence but only avery useful guiding factor to
be considered in the absence of documents mentioned in Section 94(2) of the JJ Act, 2015.

Sec 2 (14) “child in need of care and protection” means a child—

(i) who is found without any home or settled place of abode and without any ostensible means
of subsistence; or
(ii) who is found working in contravention of labour laws for the time being in force or is found
begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person—
(a) has injured, exploited, abused or neglected the child or has violated any other law for the
time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood
of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a
reasonable likelihood of the child in question being killed, abused, exploited or neglected by
that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or
incurable disease, having no one to support or look after or having parents or guardians unfit
to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or
incapacitated, by the Committee or the Board, to care for and protect the safety and well-being
of the child; or
(vi) who does not have parents and no one is willing to take care of, or whose parents have
abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found after making
reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose
of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or

CHAPTER II GENERAL PRINCIPLES OF CARE AND PROTECTION OF

CHILDREN
Sec 3:- The Central Government, the State Governments, the Board, and other agencies, as the
case may be, while implementing the provisions of this Act shall be guided by the following
fundamental principles, namely:––
(i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of
any mala fide or criminal intent up to the age of eighteen years.
(ii) Principle of dignity and worth: All human beings shall be treated with equal dignity and
rights.
(iii) Principle of participation: Every child shall have a right to be heard and to participate in
all processes and decisions affecting his interest and the child’s views shall be taken into
consideration with due regard to the age and maturity of the child.
(iv) Principle of best interest:
(v) Principle of family responsibility: The primary responsibility of care, nurture and
protection of the child shall be that of the biological family or adoptive or foster parents, as the
case may be.
(vi) Principle of safety:
(vii) Positive measures:
(viii) Principle of non-stigmatising semantics: Adversarial or accusatory words are not to be
used in the processes pertaining to a child.
(ix) Principle of non-waiver of rights: No waiver of any of the right of the child is permissible
or valid, whether sought by the child or person acting on behalf of the child, or a Board or a
Committee and any non-exercise of a fundamental right shall not amount to waiver.
(x) Principle of equality and non-discrimination:
(xi) Principle of right to privacy and confidentiality:
(xii) Principle of institutionalisation as a measure of last resort: A child shall be placed in
institutional care as a step of last resort after making a reasonable inquiry.
(xiii) Principle of repatriation and restoration: Every child in the juvenile justice system shall
have the right to be re-united with his family at the earliest and to be restored to the same socio-
economic and cultural status that he was in, before coming under the purview of this Act, unless
such restoration and repatriation is not in his best interest.
(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system
should be erased except in special circumstances.
(xv) Principle of diversion: Measures for dealing with children in conflict with law without
resorting to judicial proceedings shall be promoted unless it is in the best interest of the child
or the society as a whole.
(xvi) Principles of natural justice:
Sec 9(3) If the court finds that a person has committed an offence and was a child on the date
of commission of such offence, it shall forward the child to the Board for passing appropriate
orders and the sentence, if any, passed by the court shall be deemed to have no effect.

CHAPTER V
CHILD WELFARE COMMITTEE
Sec 27. (1) The State Government shall by notification in the Official Gazette constitute for
every district, one or more Child Welfare Committees for exercising the powers and to
discharge the duties conferred on such Committees in relation to children in need of care and
protection under this Act and ensure that induction training and sensitisation of all members of
the committee is provided within two months from the date of notification.
(2) The Committee shall consist of a Chairperson, and four other members as the State
Government may think fit to appoint, of whom atleast one shall be a woman and another, an
expert on the matters concerning children.
(3) The District Child Protection Unit shall provide a Secretary and other staff that may be
required for secretarial support to the Committee for its effective functioning.
Sec 30. The functions and responsibilities of the Committee shall include—
(i) taking cognizance of and receiving the children produced before it;
(ii) conducting inquiry on all issues relating to and affecting the safety and well- being of the
children under this Act;
(iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit
or non-governmental organisations to conduct social investigation and submit a report before
the Committee;
REHABILITATION AND SOCIAL RE-INTEGRATION
Sec 39. (1) The process of rehabilitation and social integration of children under this Act shall
be undertaken, based on the individual care plan of the child, preferably through family based
care such as by restoration to family or guardian with or without supervision or sponsorship,
or adoption or foster care:
Sec 50. (1) The State Government may establish and maintain, in every district or group of
districts, either by itself or through voluntary or non-governmental organisations, Children’s
Homes, which shall be registered as such, for the placement of children in need of care and
protection for their care, treatment, education, training, development and rehabilitation.
(2) The State Government shall designate any Children’s Home as a home fit for children with
special needs delivering specialised services, depending on requirement.
(3) The State Government may, by rules, provide for the monitoring and management of
Children’s Homes including the standards and the nature of services to be provided by them,
based on individual care plans for each child.
Special facility
Fit facility – sec. 51 - temporarily take the responsibility of a child for a specific purpose.
Fit person – sec. 52 - temporarily receive a child for care, protection and treatment of such
child for a specified period
Adoption
Central Adoption Resource Authority – sec. 68 – all adoption processes done as per the
regulations framed by CARA
Adoption- sec. 56 - irrespective of religion – but this Act shall not apply to the adoptions made
under the Hindu Adoption and Maintenance Act, 1956.
Eligibility – sec. 57
Procedure – sec. 58 – prospective adoptive parents to apply to a Specialized Adoption
Agency – Agency to prepare home study report, child study report and medical report of the
child - Agency shall give the child in pre-adoption foster care and file an application in the
court for obtaining the adoption order – after obtaining order – sent to parents – ready for
adoption – well-being of the child monitored every month. Inter-country adoption- sec. 59
& 60

Prohibition of Child Marriage Act, 2006

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “child” means a person who, if a male, has not completed twenty-one years of age, and if
a female, has not completed eighteen years of age;
(b) “child marriage” means a marriage to which either of the contracting parties is a child;
(c) “contracting party”, in relation to a marriage, means either of the parties whose marriage
is or is about to be thereby solemnised;

3. Child marriages to be voidable at the option of contracting party

being a child.—(1) Every child marriage, whether solemnised before or after the
commencement of this Act, shall be voidable at the option of the contracting party who was a
child at the time of the marriage:
Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the
district court only by a contracting party to the marriage who was a child at the time of the
marriage.
(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through
his or her guardian or next friend along with the Child Marriage Prohibition Officer.
(3) The petition under this section may be filed at any time but before the child filing the
petition completes two years of attaining majority.
(4) While granting a decree of nullity under this section, the district court shall make an order
directing both the parties to the marriage and their parents or their guardians to return to the
other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments
and other gifts received on the occasion of the marriage by them from the other side, or an
amount equal to the value of such valuables, ornaments, other gifts and money:
Provided that no order under this section shall be passed unless the concerned parties have been
given notices to appear before the district court and show cause why such order should not be
passed.
4. Provision for maintenance and residence to female contracting
party to child marriage.—(1) While granting a decree under Section 3, the district court may
also make an interim or final order directing the male contracting party to the child marriage,
and in case the male contracting party to such marriage is a minor, his parent or guardian to
pay maintenance to the female contracting party to the marriage until her remarriage.
(2) The quantum of maintenance payable shall be determined by the district court having regard
to the needs of the child, the lifestyle enjoyed by such child during her marriage and the means
of income of the paying party.
(3) The amount of maintenance may be directed to be paid monthly or in lump sum.
(4) In case the party making the petition under Section 3 is the female contracting party, the
district court may also make a suitable order as to her residence until her remarriage.
6. Legitimacy of children born of child marriages.—Notwithstanding that a child marriage
has been annulled by a decree of nullity under Section 3, every child begotten or conceived of
such marriage before the decree is made, whether born before or after the commencement of
this Act, shall be deemed to be a legitimate child for all purposes.
9. Punishment for male adult marrying a child.—Whoever, being a male adult above
eighteen years of age, contracts a child marriage shall be punishable with rigorous
imprisonment which may extend to two years or with fine which may extend to one lakh rupees
or with both.
Hardev Singh v. Harpreet Kaur, (2020) 19 SCC 504.

Section 9 is not applicable to cases where female adult marries male child i.e. male who is
below the age of 21 yrs. Section 9 only applies to cases where male above the age of 18 yrs
marries a female below the age of 18 yrs. Thus, held,
words “male adult above 18 yrs of age, contracts a child marriage” in Section 9 of the 2006
Act, should be read as “male adult above 18 yrs of age marries a child”,
10. Punishment for solemnising a child marriage.—Whoever performs, conducts, directs or
abets any child marriage shall be punishable with rigorous imprisonment which may extend to
two years and shall be liable to fine which may extend to one lakh rupees unless he proves that
he had reasons to believe that the marriage was not a child marriage.
11. Punishment for promoting or permitting solemnisation of child
marriages.—(1) Where a child contracts a child marriage, any person having charge of the
child, whether as parent or guardian or any other person or in any other capacity, lawful or
unlawful, including any member of an organisation or association of persons who does any act
to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from
being solemnised, including attending or participating in a child marriage, shall be punishable
with rigorous imprisonment which may extend to two years and shall also be liable to
fine which may extend up to one lakh rupees: Provided that no woman shall be punishable with
imprisonment.
(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved,
that where a minor child has contracted a marriage, the person having charge of such minor
child has negligently failed to prevent the marriage from being solemnised.
12. Marriage of a minor child to be void in certain circumstances.—
Where a child, being a minor—
(a) is taken or enticed out of the keeping of the lawful guardian;
or
(b) by force compelled, or by any deceitful means induced to go
from any place; or
(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the
minor is married after which the minor is sold or trafficked or used for immoral purposes, such
marriage shall be null and void.
15. Offences to be cognizable and non-bailable.—Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable
under this Act shall be cognizable and non-bailable.
16. Child Marriage Prohibition Officers.—(1) The State Government shall, by notification
in the Official Gazette, appoint for the whole State, or such part thereof as may be specified in
that notification, an officer or officers to be known as the Child Marriage Prohibition Officer
having jurisdiction over the area or areas specified in the notification.
(3) It shall be the duty of the Child Marriage Prohibition Officer—
(a) to prevent solemnisation of child marriages by taking such action as he may deem fit;
(b) to collect evidence for the effective prosecution of persons contravening the provisions of
this Act;
(c) to advise either individual cases or counsel the residents of the locality generally not to
indulge in promoting, helping, aiding or allowing the solemnisation of child marriages;
(d) to create awareness of the evil which results from child marriages;
(e) to sensitize the community on the issue of child marriages;
(f) to furnish such periodical returns and statistics as the State Government may direct; and
(g) to discharge such other functions and duties as may be assigned to him by the State
Government.
Lajja v State [19] The Delhi High court held that the PCMA prevails over personal laws.

Independent Thought v. Union of India [20] In the landmark judgement; the Supreme Court
of India on 11th October 2017 ruled that sexual intercourse or sexual acts by a man with his
minor wife would amount to rape for the purposes of Section 375 of the Indian Penal Code,
1860.

In the NCPCR v. Javed case, the Supreme Court observed and stated that the judgment of the
Punjab and Haryana High Court in the case Javed v. State of Haryana, which allowed a Muslim
girl aged 15 years to enter into a legal and valid marriage under personal law, should not be
relied upon as a precedent in any other case. The reasoning behind this was that it goes against
the Protection of Children from Sexual Offences (POCSO) Act, which prescribes 18 years as
the age for sexual consent. The court expressed concerns about using personal law as a defense
for crimes under POCSO and questioned whether pleading personal and custom law could be
a defense for criminal offenses, especially when it involves minors getting married. The
Supreme Court issued notice in the matter, agreeing to settle the question of law raised by the
NCPCR and ordered that the impugned judgment shall not be relied upon as a precedent
pending further orders.

Gulam Deen v. State of Punjab, Child Marriage Act doesn’t apply to Muslims – Muslim Minor
can marry as per personal laws, held that Merely because the petitioners have got married
against the wishes of their family members, they cannot possibly be deprived of the
fundamental rights as envisaged in the Constitution of India.
Fija v. State (NCT of Delhi), 2022, It is thus clear that as per Mohammedan Law girl who had
attained the age of puberty could marry without consent of her parents and had right to reside
with her husband even when she was less than 18 years of age and thus otherwise minor girl.

Tahra Begum v. State of Delhi, 2012 SCC OnLine Del 2714 held This Court notes that
according to Mohammedan Law a girl can marry without the consent of her parents once she
attains the age of puberty and she has the right to reside with her husband even if she is below
the age