WOMEN

AND
LAWS IN INDIA
RAHUL N. BIBAVE
ASST. PROFESSOR
YASHWANTRAO CHAVAN LAW COLLEGE, PUNE – 9
B.COM., LL.M., NET (LAW), D.T.L., D.L.L.&L.W., G.D.C.&A., C.C.F.&M.J.

Presented at –
A National Seminar in D.Y. Patil College of Arts, Science and Commerce,
Pune
 WOMEN AND LAWS IN INDIA

WOMEN WOMEN
SPECIFIC LAWS RELATED LAWS
 CONSTITUTION
OF INDIA

NATIONAL
CRIMES AND
COMMISSION
REMEDIES
FOR WOMEN

WOMEN
RELATED
BIRTH RELATED
LAWS EMPLOYMENT
LAWS

MARRIAGE,
DIVORCE AND HUMAN RIGHTS
FAMILY LAWS
 THE IMMORAL
TRAFFIC
(PREVENTION) ACT,
1956

SEXUAL
HARASSMENT OF
WOMEN AT
THE DOWRY
WORKPLACE
PROHIBITION ACT,
(PREVENTION,
1961
PROHIBITION AND
REDRESSAL) ACT,
2013

WOMEN
SPECIFIC
LAWS
THE INDECENT
THE PROTECTION OF
REPRESENTATION OF
WOMEN FROM
WOMEN
DOMESTIC VIOLENCE
(PREVENTION) ACT,
ACT, 2005
1986

THE COMMISSION OF
SATI (PREVENTION)
ACT, 1987
 No discrimination
on the ground of
gender
CONSTITUTION
OF INDIA Special
provisions for
women
 CONSTITUTION OF INDIA
NO DISCRIMINATION ON THE GROUND OF GENDER

Article 325
Article 16 (2)
Article 15 (2)
There shall be one
Article 15 (1) No citizen shall, on
No citizen shall, on general electoral
grounds only of
Article 14 grounds only of roll … o perso
religion, race, caste,
religion, race, caste, shall be ineligible
No discrimination sex, descent, place
sex, place of birth or for inclusion in any
against citizen on of birth, residence
Equality before law any of them, be such roll or claim to
ground of religion, or any of them, be
and equal subject to any be included in any
race, caste, sex, ineligible for, or
protection of law disability, liability, special electoral roll
place of birth or nay discriminated
restriction or for any such
of them. against in respect
condition with constituency on
of, any employment
regard to any public grounds only of
or office under the
places. religion, race, caste,
State.
sex or any of them.
 CONSTITUTION OF INDIA
SPECIAL PROVISIONS FOR WOMEN
Article 39 (e)

Article 15 (3) that the health and

Article 39 (a) strength of workers,
Article 39 (d)
men and women,
Nothing in this and the tender age
that the citizens,
article shall prevent that there is equal of children are not
men and women
the State from pay for equal work abused and that
equally, have the
making any special for both men and citizens are not
right to an adequate
provision for women women forced by economic
means of livelihood
and children. necessity to enter
avocations unsuited
to their age or
strength
 CONSTITUTION OF INDIA
SPECIAL PROVISIONS FOR WOMEN
Article 43

Article 46
The State shall regard
the raising of the level Article 51A (e) Article 243 D (2)
The State shall promote of nutrition and the
Article 42 with special care the standard of living of its to promote harmony
educational and people and the and the spirit of Not less than one-third
economic interests of improvement of public common brotherhood of the total number of
The State shall make the weaker sections of health as among its amongst all the people seats reserved under
provision for securing the people, and, in primary duties and, in of India transcending clause (1) shall be
just and humane particular, of the particular, the State religious, linguistic and reserved for women
conditions of work and Scheduled Castes and shall endeavour to regional or sectional belonging to the
for maternity relief. the Scheduled Tribes, bring about prohibition diversities; to renounce Scheduled Castes or, as
and shall protect them of the consumption practices derogatory to the case may be, the
from social injustice except for medicinal the dignity of women. Scheduled Tribes.
and all forms of purposes of
exploitation. intoxicating drinks and
of drugs which are
injurious to health.
 CONSTITUTION OF INDIA
SPECIAL PROVISIONS FOR WOMEN

Article 243 D (3) Article 243 T (3)

Not less than one-third Article 243 D (4) Not less than one-third Article 243 T (4)
(including the number Article 243 T (2) (including the number
of seats reserved for of seats reserved for
The offices of the
women belonging to women belonging to The offices of
Chairpersons in the Not less than one-third
the Scheduled Castes the Scheduled Castes Chairpersons in the
Panchayats at the of the total number of
and the Scheduled and the Scheduled Municipalities shall be
village or any other seats reserved under
Tribes) of the total Tribes) of the total reserved for the
level shall be reserved clause (1) shall be
number of seats to be number of seats to be Scheduled Castes, the
for the Scheduled reserved for women
filled by direct election filled by direct election Scheduled Tribes and
Castes, the Scheduled belonging to the
in every Panchayat in every Municipality women in such manner
Tribes and women in Scheduled Castes or, as
shall be reserved for shall be reserved for as the Legislature of a
such manner as the the case may be, the
women and such seats women and such seats State may, by law,
Legislature of a State Scheduled Tribes.
may be allotted by may be allotted by provide.
may, by law, provide
rotation to different rotation to different
constituencies in a constituencies in a
Panchayat. Municipality.
 Section 376
RAPE

Sections
Section 509
363 to 373
Sexual
Harassment Kidnapping and

THE abduction

INDIAN
PENAL
CODE
1860 Sections 302 and
304-B
Section 354 Homicide for
Molestation Dowry, Dowry
Deaths or their
attempts

Section 498-A
Torture, both
Mental and
Physical
 The Workmens Compensation Act, 1923
EMPLOYMENT : LABOUR LAWS Special treatment in paying compensation to woman, the dependent of deceased
employee

The Trade Unions Act, 1926

No discrimination on the ground of gender for membership in a Union and its
management

The Payment of Wages Act, 1936

Same wages for same work, at the same time and same mode of irrespective of
gender

The E ployer’s Lia ility A t, 1 3

Protective piece of law holding employer liable for any injuries arising out of
employment without any defences to escape from it

The Factories Act, 1948

Prohibited employment near cotton opener, no excessive weight to lift,carryor move
compare to men, facility for Crèches for their children

Employees State Insurance Act, 1948

Post in Medical Benefit Council, payment for confinement or miscarriage or sickness
arising out of pregnancy, maternity benefit
 The Minimum Wages Act, 1948
EMPLOYMENT : LABOUR LAWS Equal pay for equal work , same wage period and same wage rates irrespective of
gender

The Plantations Labour Act, 1951

Crèches facilities for children of woman employees, working between 6 am to 7 pm,
sickness and maternity benefit

The Mines Act, 1952

No employment below-ground, work between 6 am to 7 pm, interval of 11 hours
between two working days

The Maternity Benefit Act, 1961

Right to payment of maternity benefit, 12 weeks benefit, leave for miscarriage for 6
weeks, illness connected thereby – leave for 6 weeks on producing proofs, nursing
breaks

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

Working between 6 am to 7 pm, wages payable during maternity benefit period

The Contract Labour (Regulation and Abolition) Act, 1970

Provisions for Welfare and Health of contract labour
EMPLOYMENT : LABOUR LAWS
The Bonded Labour System (Abolition) Act, 1976
Preventing the economic and physical exploitation of the weaker sections of the people –
bonded labour

Equal Remuneration Act, 1976

Payment of remuneration at equal rates to men and women workers for same work or work
of a similar nature, no discrimination while recruiting men and women x

The Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service)

Act, 1979
Equal pay for equal work irrespective of sex

The Child Labour (Prohibition and Regulation) Act, 1986

Health and safety facilities
 HUMAN RIGHTS
DEFNITION
SECTION 2 (1) (d)
hu a rights means the rights relating to
life, liberty, equality and dignity of the
individual guarantied by the Constitution or
embodied in the International Covenants
and enforceable by Courts in India
 LIFE LIBERTY

EQUALITY DIGNITY
 Human Rights
The Constitution of India The International Covenants
Universal Declaration of Human Rights (1948)
Life Convention on the Political Rights of Women (1952)
International Covenant on Civil and Political Rights (1966)
Liberty International Covenant on Economic, Social and Cultural
Rights (1966)
Dignity Declaration on the Elimination of All Forms of Discrimination
against Women (1967)
Declaration on the Protection of Women and Children in
Emergency and Armed Conflict (1974)
Convention on the Elimination of All Forms of Discrimination
Equality against Women (1979)
Declaration on the Elimination of Violence against
Women (1993)
 MARRIAGE
DIVORCE
FAMILY MATTERS
 The Special • Solemnization and validity of marriage irrespective of religion
Marriage Act, • Regulating divorce proceedings of marriages solemnized under
this Act
1954

The Hindu • Solemnization and validity of marriage of Hindus including Buddhist,

Jains and Sikhs
Marriage Act, • Regulating divorce proceedings of Hindus including Buddhist, Jains and
1955 Sikhs

The Foreign • Solemnization of marriage of citizens of India outside India

Marriage Act, • Regulating divorce proceedings of citizens of India married
outside India
1969

The Child • Defining age of marriage for male and female

Marriage Restraint • Punishing the Child Marriage, if Solemnized
• Procedure of criminal courts for punishing
Act, 1929

The Indian • Solemnization and validity in India of the marriages of persons

Christian Marriage professing the Christian religion
Act, 1872
 The Indian Divorce • Regulating the divorce of person professing the Christian religion
Act, 1869 • To confer upon certain Courts jurisdiction in matters matrimonial

The Muslim Women • To protect the right of Muslim women who have been divorced
(Protection of Rights by, or have obtained divorce from, their husbands and to provide
on Divorce) Act, 1986 for matters connected therewith or incidental thereto

• Defines the rights of minors professing Hindu Religion and duties of

Hindu Minority and their guardians thereof
Guardian Act, 1956 • Types of guardians and their rights and duties relating to minors
professing Hindu religion

The Guardians and • Defines the rights of minors professing religion other than Hindu
and duties of their guardians
Wards Act, 1890
• Appointment of Guardians by Court and conditions thereof

The Hindu Adoption • Defining the rules for validity of adoption for Hindus in India including Buddhist,
Jain, Sikh, Virshaiva, Lingayat and followers of Brahmo, Prarthana and Arya Samaj
and Maintenance Act, • Maintenance of wife, widowed daughter-in-law, children, aged parents and
1956 dependents
 The Muslim
Personal Law • Law for Muslims for marriage, dissolution of marriage including
talaq, ila ziihar, lian, khula and mubaraat, maintenance, dower,
(Shariat) Application guardianship, gift, trusts and trust properties, and wakfs
Act, 1937

• Protecting the ownership of property acquired before marriage

The Married by a married woman from her husband or any of his relatives
Wo e ’s Property • Liability of any debt of property of a woman before marriage
Act, 1874 can also a liability of husband

• Rights of Succession of property by Hindu women

Hindu Succession • Devolution of rights in property of Hindu woman dying intestate
• Rules of succession of properties of Hindus dying intestate and
Act, 1956 distribution of those with successors

• Establishment of Family Courts with a view to promote

The Family Courts conciliation in, and secure speedy settlement of, disputes
Act, 1984 relating to marriage and family affairs and for matters connected
therewith
 BIRTH
RELATED
LAWS
 The Pre-
conception and
The Indian Penal The Medical pre-natal
Code, 1860 Termination of Diagnostic
Pregnancy Act, Technique Act,
1971 1994
Miscarriage
Section 312
Section 3 Section 4
Causing miscarriage
When pregnancy Regulation of pre-
Section 313 can be terminated diagnostic
Causing miscarriage by registered techniques
without wo a ’s medical practitioner Section 5
consent Section 4 Prohibition of
Section 314 Place where communicating sex
Death caused by act pregnancy nay be of foetus
done with intent to terminated Section 6
cause miscarriage
Determination of
sex prohibited
 The National Commission
for Women Act, 1990
Section 3
Constitution of the National Commission
for Women
Section 10
Functions of the Commission
WOMEN
SPECIFIC
LAWS
Section 3 : Punishment for keeping a brothel or allowing premises
to be used as a brothel
Section 5 : Procuring, inducing or taking person for the sake of
prostitution
Section 6 : Detaining any person in premises where prostitution is
carried on
Section 7 : Prostitution in or in the vicinity of public place
Section 8 : Seducing or soliciting for purpose of prostitution
Section 9 : Seduction of a person in custody
Section 3
Penalty for giving or taking dowry
Section 4
Penalty for demanding dowry
Section 5
Agreement for giving or taking dowry to be void
Section 7
Cognizance of offences
 The Indecent Representation of
women (Prohibition) Act, 1986
Section 3
Prohibition of advertisements containing indecent representation
of women
Section 4
Prohibition of publication or sending by post of books, pamphlets,
etc., containing indecent representation of women
Section 5
Powers of enter and search
 The Commission of Sati
(Prevention) Act, 1987
Section 3
Attempt to commit Sati
Section 4
Abetment of Sati
Section 5
Punishment for glorification of Sati
 The Protection of Women from
Domestic Violence Act, 2005
Section 4 : Information to Protection Officer and exclusion of
liability of informant
Section 5 : Duties of police officers, service providers and
Magistrate
Section 6 : Duties of Shelter Homes
Section 7 : Duties of medical facilities
Section 8 : Appointment of Protection Officers
Section 17 : Right to reside in a shared household
Section 20 : Monetary relief
 The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and
Redressal) Act, 2013
Section 3 : Prevention of sexual harassment
Section 4 : Constitution of Internal Complaints Committee
Section 6 : Constitution and jurisdiction of Local Complaints
Committee
Section 9 : Complaint of sexual harassment
Section 12 : Action during pendency of inquiry
Section 14 : Punishment for false or malicious complaint and false
evidence
Section 19 : Duties of employer
THANK
YOU