Laws Related to Women

WOMEN-SPECIFIC LEGISLATIONS
1. The Immoral Traffic (Prevention) Act, 1956
2. The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)
3. The Indecent Representation of Women (Prohibition) Act, 1986
4. The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
5. Protection of Women from Domestic Violence Act, 2005
6. The Sexual Harassment of Women at Workplace (PREVENTION,
PROHIBITION and REDRESSAL) Act, 2013
7.
(, )
,

8. The Criminal Law (Amendment) Act, 2013

WOMEN-RELATED LEGISLATIONS
1. The Indian Penal Code,1860
2. The Indian Evidence Act, 1872
3. The Indian Christian Marriage Act, 1872 (15 of 1872)
4. The Married Women's Property Act, 1874 (3 of 1874)
5. The Guardians and Wards Act,1890
6. The Workmen's Compensation Act, 1923
7. The Trade Unions Act 1926
8. The Child Marriage Restraint Act, 1929 (19 of 1929)
9. The Payments of Wages Act, 1936
10. The Payments of Wages (Procedure) Act, 1937
11. The Muslim Personal Law (Shariat) Application Act, 1937
12. Employers Liabilities Act 1938
13. The Minimum Wages Act, 1948
14. The Employees' State Insurance Act,1948
15. The Factories Act, 1948
16. The Minimum Wages Act, 1950
17. The Plantation Labour Act, 1951 (amended by Acts Nos. 42 of 1953, 34 of 1960,
53 of1961, 58 of 1981 and 61 of 1986)
18. The Cinematograph Act, 1952
19. The Mines Act 1952
20. The Special Marriage Act, 1954
21. The Protection of Civil Rights Act 1955
22. The Hindu Marriage Act, 1955 (28 of 1989)
23. The Hindu Adoptions & Maintenance Act, 1956
24. The Hindu Minority & Guardianship Act, 1956
25. The Hindu Succession Act, 1956
 26. The Maternity Benefit Act, 1961 (53 of 1961)
27. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
28. The Foreign Marriage Act, 1969 (33 of 1969)
29. The Indian Divorce Act, 1969 (4 of 1969)
30. The Contract Labour (Regulation & Abolition) Act, 1970
31. The Medical Termination of Pregnancy Act, 1971 (34 of 1971)
32. Code of Criminal Procedure, 1973
33. The Equal Remuneration Act, 1976
34. The Bonded Labour System (Abolition) Act, 1979
35. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979
36. The Family Courts Act, 1984
37. The Muslim women (Protection of Rights on Divorce) Act, 1986
38. Mental Health Act, 1987
39. National Commission for Women Act, 1990 (20 of 1990)
40. The Protection of Human Rights Act, 1993 [As amended by the Protection of
Human Rights (Amendment) Act, 2006 - No. 43 of 2006]
41. Juvenile Justice (Care and Protection of Children) Act, 2000
42. The Child Labour (Prohibition & Regulation) Act
43. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994
44. The Prohibition of Child Marriage Act, 2006

Constitutional Rights to Women:

The rights and safeguards enshrined in the constitution for women in India are listed below:

1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office
under the state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate means of
livelihood [Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article
39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women [Article 51-A(e)].
 10. One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].
11. One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].

Legal Rights to Women:

The following various legislations contain several rights and safeguards for women:

1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation

to protect women in India from all forms of domestic violence. It also covers women who
have been/are in a relationship with the abuser and are subjected to violence of any
kindphysical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents trafficking
in women and girls for the purpose of prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings, paintings,
figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention
of the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any
time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in certain
establishments for certain period before and after child-birth and provides for maternity
benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the termination of
certain pregnancies by registered medical practitioners on humanitarian and medical
grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act (1994) prohibits sex selection before or after conception and prevents the misuse of
pre-natal diagnostic techniques for sex determination leading to female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men
and women workers for same work or work of a similar nature. It also prevents
discrimination on the ground of sex, against women in recruitment and service
conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986) protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.
 12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry
death, rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of
a person to maintain his wife, arrest of woman by female police and so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
16. Legal Services Authorities Act (1987) provides for free legal services to Indian women.
17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of
marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and female
workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between
7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.
21. The following other legislations also contain certain rights and safeguards for women:
1. Employees State Insurance Act (1948)
2. Plantation Labour Act (1951)
3. Bonded Labour System (Abolition) Act (1976)
4. Legal Practitioners (Women) Act (1923)
5. Indian Succession Act (1925)
6. Indian Divorce Act (1869)
7. Parsi Marriage and Divorce Act (1936)
8. Special Marriage Act (1954)
9. Foreign Marriage Act (1969)
10. Indian Evidence Act (1872)
11. Hindu Adoptions and Maintenance Act (1956).
22. National Commission for Women Act (1990) provided for the establishment of a
National Commission for Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of women.
23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal).
Act (2013) provides protection to women from sexual harassment at all workplaces both
in public and private sector, whether organised or unorganized.

Indian Laws relating to Women and Children

Table of Contents
1 Constitutional Provisions and Privileges
2 Laws relating to women
3 Laws relating to working women
4 Laws relating to marriage & divorce
 5 Laws relating to maintenance
6 Laws relating to abortion
7 Laws relating to property, succession, inheritance, guardianship & adoption
8 Laws relating to children
9 Offences against women and children in the Indian Penal Code
10 See also

Constitutional Provisions and Privileges

(i) Equality before law for women (Article 14)

(ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them (Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article 15 (3))

(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State (Article 16)

(v) The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and
women (Article 39(d))

(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable
legislation or scheme or in any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities (Article 39 a)

(vii) The State to make provision for securing just and humane conditions of work and for
maternity relief (Article 42)

(viii) The State to promote with special care the educational and economic interests of the
weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46)

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)

(x) To promote harmony and the spirit of common brotherhood amongst all the people of India
and to renounce practices derogatory to the dignity of women (Article 51(A) (e))

(xi) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat to be reserved for women and such seats to be allotted by rotation to
different constituencies in a Panchayat (Article 243 D(3))

(xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at
each level to be reserved for women (Article 243 D (4))
(ix) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality to be reserved for women and such seats to be allotted by rotation
to different constituencies in a Municipality (Article 243 T (3))

(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the legislature of a State may by law provide
(Article 243 T (4))

Laws relating to women

Commission of Sati (Prevention) Act, 1987
Criminal Law (Amendment) Act, 1983
Dowry Prohibition Act, 1961
Immoral Traffic (Prevention) Act, 1956
Indecent Representation of Women (Prohibition) Act, 1986
National Commission for Women Act, 1990
Prohibition of Sexual Harassment of Women at the Workplace Bill, 2010
Protection of Women from Domestic Violence Act, 2005

Laws relating to working women

Contract Labour (Regulation and Abolition) Act, 1976
Employees State Insurance Act, 1948
Equal Remuneration Act, 1976
Factories (Amendment) Act, 1948
Maternity Benefit Act, 1961 (Amended in 1995)
Plantation Labour Act, 1951

Laws relating to marriage & divorce

Anand Marriage Act, 1909
Arya Marriage Validation Act, 1937
Births, Deaths & Marriages Registration Act, 1886
Bangalore Marriages Validating Act, 1936
Converts Marriage Dissolution Act, 1866
Dissolution of Muslim Marriages Act, 1939
Family Courts Act, 1984
Foreign Marriage Act, 1969
Hindu Marriage Act, 1955
Hindu Marriages (Validation of Proceedings) Act, 1960
Indian Christian Marriage Act, 1872
Indian Divorce Act, 1869
Indian Divorce Amendment Bill, 2001
Indian Matrimonial Causes (War Marriages) Act, 1948
 Marriage Laws (Amendment) Act, 2001
Marriages Validation Act, 1892
Muslim Women (Protection of Rights on Divorce) Act, 1986
Parsi Marriage & Divorce Act, 1936
Prohibition of Child Marriage Act, 2006
Special Marriages Act, 1954

Laws relating to maintenance

The Code of Criminal Procedure, 1973:

Order for maintenance of wives, children and parents under section 125
Procedure to be followed under section 125
Alteration in allowance under section 125
Enforcement of the order of maintenance

Laws relating to abortion

Medical Termination of Pregnancy Act, 1971
Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994
Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act,
2001
Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act,
2002

Laws relating to property, succession, inheritance,

guardianship & adoption
Guardians & Wards Act, 1890
Hindu Adoptions & Maintenance Act, 1956
Hindu Inheritance (Removal of Disabilities) Act, 1928
Hindu Minority & Guardianship Act, 1956
Hindu Succession Act, 1956
Hindu Succession (Amendment) Act, 2005
Indian Succession Act, 1925
Indian Succession (Amendment) Act, 2002
Married Womens Property Act, 1874
Married Womens Property (Extension) Act, 1959

Laws relating to children

Child Labour (Prohibition & Regulation) Act, 1986
Child Marriage Restraint Act, 1929
Children Act, 1960
 Children (Pledging of Labour) Act, 1933
Commissions for the Protection of Child Rights Act, 2005
Infant Milk Substitutes Act, 1992
Infant Milk Substitutes Act, 2003
Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production,
Supply & Distribution) Act, 1992
Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production,
Supply & Distribution) Amendment Act, 2003
Juvenile Justice (Care & Protection of Children) Act, 2000
Juvenile Justice (Care & Protection of Children) Amendment Act, 2006
Prohibition of Child Marriage Act, 2006
Reformatory Schools Act, 1897
Young Persons (Harmful Publications) Act, 1956

Offences against women and children in the Indian Penal

Code
The Indian Penal Code, 1860

Abandoning of child under 12 years of age

Adultery
Assault or criminal force to a woman with intent to outrage her modesty
Buying minor for purpose of prostitution
Causing death of quick unborn child by act amounting to culpable homicide
Causing miscarriage or miscarriage without the womans consent
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Concealment of birth by secret disposal of dead body
Concealment of former marriage
Death caused by act done with intent to cause miscarriage
Dowry death
Enticing, detaining or taking away with criminal intent a married woman
Fraudulent marriage ceremony without lawful marriage
Husband or relative of a husband of a woman subjecting her to cruelty
Importation of girl from foreign country
Intercourse by man with his wife during separation
Intercourse by a member of management or staff of a hospital with any woman in that
hospital
Intercourse by public servant with a woman in his custody
Intercourse by superintendent of jail, remand home, etc
Kidnapping, abducting or inducing woman to compel her marriage
Marriage ceremony fraudulently gone through without lawful marriage
Marrying again during lifetime of spouse (Also see here)
Preventing a child from being born alive or causing its death after birth
Procreation of minor girl
Rape (Also see here)
 Selling minor for purpose of prostitution
Word, gesture or act intended to insult the modesty of a woman