CRIMES

AGAINST
WOMEN – An
Introduction
Dr. Pratima Narayan
Advocate & Mediator
Founder Partner, Techlawlogi Consulting LLP
LEGAL RIGHTS – girl child
Pre-Conception and Pre- The Prohibition of Child
Natal Diagnostic Techniques Marriage Act 2006 
(PCPNDT) Act, 1994  • UNICEF defines child marriage as
• enacted to stop female foeticides and marriage before 18 years of age
arrest the declining sex ratio in India • Act: A child is a person who has not
• prevent the misuse of prenatal completed 21 years in case of male
diagnostic technique for sex and 18 years in case of female.
selective abortions. • Child marriage is voidable at the
option of the contracting party who
was child at the time of
solemnization of marriage
Legal Rights
The Protection of Children from The Juvenile Justice Act of 1986
Sexual Offences (POCSO) Act, • Includes special provisions for the
2012 protection, treatment, and rehabilitation of
girls under 18 years old and of boys
• Protection of children from offences of
younger than 16
sexual assault, sexual harassment and
• Protects girls trapped in brothels for child
pornography
prostitution
• Safeguarding the interest of the child at
every stage of the judicial process
• Child-friendly reporting, recording of
evidence, investigation and speedy trial of
offences through designated Special
Courts
LEGAL RIGHTS – Personal rights
Protection of Women from Domestic Violence Act (2005)
• Protects women from all forms of domestic violence.
• Violence of any kind—physical, sexual, mental, verbal or emotional.
• One of the most significant characteristics of the Act is the woman’s right to secure
accommodation.
Dowry Prohibition Act (1961) 
• Prohibits the giving or taking of dowry at or before or any time after the marriage from women.
Family laws- marriage, divorce, succession etc.
The Muslim Women (Protection of Rights on Marriage) Act, 2019
• Criminalises instant triple talak
LEGAL The Maternity Benefits Act,1961 (amended in 2017)
• To be eligible for maternity benefit, a woman must have been working as

RIGHTS -
an employee in an establishment for a period of at least 80 days in the
past 12 months.
• Payment during the leave period is based on the average daily wage for
the period of actual absence

WORKPL • Paid maternity leave for 26 weeks

• Makes crèche facility mandatory for every establishment employing 50
or more employees

ACE
 The Sexual Harassment of Women at
Workplace Prevention, Prohibition, and

LEGAL
Redressal Act 2013
• Sexual Harassment - includes any one or more
of the following unwelcome acts or behaviour
RIGHTS - i)
(whether directly or by implication) namely:-
physical contact and advances; or
WORKPL ii) a demand or request for sexual favours; or
iii) making sexually coloured remarks; or
ACE iv) showing pornography; or
v) any other unwelcome physical, verbal or
non-verbal conduct of sexual nature
CRIMES AGAINST
WOMAN
 Eve Teasing (S. 294)

Whoever, to the does any obscene act sings, recites or utters any obscene song;
annoyance of others in any public place, or ballad or words, in or near any public place,
shall be punished with imprisonment of
either description for a term which may
extend to three months, or with fine, or with
both.
DefinITION OF RAPE
• The Apex Court in Bantu v. State of U.P.(2008) explained “the offence of rape in its simplest term is the ravishment of a woman, without her
consent, by force, fear or fraud, or as the carnal knowledge of a woman by force against her will.”
• Circumstances that constitutes rape under S.375 IPC-
-Against her will
-Without her consent
-With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt
-With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to
whom she is or believes herself to be lawfully married
-With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him
personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to
which she gives consent
-With or without her consent, when she is under eighteen years of age
-When she is unable to communicate consent.
Exception 1.-A medical procedure or intervention shall not constitute rape.
Exception 2.-Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
OTHER PROVISIONS
• Intercourse by a man with his wife during separation – S. 376A
• Intercourse by superintendent of jail, remand home, etc. – S. 376C
• Intercourse by any member of the management or staff of a hospital
with any woman in that hospital- S. 376D
• Repeat offenders – S. 376E
• Gang rape – S.376(2)
Delhi Domestic Working Women‘s Forum v Union
of India and Others (1995)
• The complainants of sexual assault cases should be provided with
legal representation.
• Help her to find psychological counselling or medical assistance
• A list of advocates willing to act in these cases should be kept at the
police station for victims who did not have a particular lawyer in mind
or whose own lawyer was unavailable
• In all rape trials anonymity of the victim must be maintained, as far as
necessary
 Kidnapping & Abduction, trafficking and
prostitution (S. 366)
Kidnapping or abducting of woman with intent that:
1. Woman in question may be compelled to marry any person against
her will, or
2. She may be compelled or seduced to illicit sexual intercourse, or
3. She may be forced or induced to illicit sexual relationship by means
of criminal intimidation.
She may be married or unmarried
Other Provisions
• Procreation of minor girl from one part of India to another part
• . Importation of girl from foreign country
• Trafficking of Person
• exploitation of a Trafficked person
• Selling minor for purposes of prostitution, etc
• buying minor for purposes of prostitution, etc.
Dowry, Dowry Deaths or their
attempts (S.304B)
• “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 relative shall
be deemed to have caused her death.”
Prema S. Rao v. Yadla Srinivasa Rao (2003)
Supreme Court ruled that ―to attract the provisions of section
304B, one of the main ingredients of the offence which is
required to be established is that ―soon before her death she
was subjected to cruelty and harassment ―in connection with
the demand of dowry.
Other provisions
• Offence of cruelty by husband or relatives of husband – S. 498A
• Offence of Assault or criminal force to woman with intent to outrage
her modesty – Molestation
• Cohabitation caused by a man deceitfully inducing a belief of lawful
marriage
• Acid Attacks (326 A-B IPC)
Honour Killing
• Homicide of a member of a family by other members, due to the
perpetrators‟ belief that the victim has brought shame or dishonor
upon the family, or has violated the principles of a community or a
religion, usually for reasons such as refusing to enter an arranged
marriage, being in a relationship that is disapproved by their family,
having sex outside marriage, becoming the victim of rape, dressing in
ways which are deemed inappropriate, engaging in non-heterosexual
relations or renouncing a faith.
• In 2013, a young couple who were planning to marry were murdered
in Garnauthi village, Haryana, due to having a love affair. The woman,
STALKING (S. 354D)
Any man who—   follows a woman and contacts, or attempts to contact such woman to foster personal interaction
repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence
of stalking;
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
  - it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted
with the responsibility of prevention and detection of crime by the State; or
- it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
- in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or
subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also
be liable to fine.
 Immoral Traffic Prevention Act,
CRIMES 1986
• Outlines the illegality of prostitution

AGAINS and the punishment for owning a

brothel or a similar establishment, or
for living of earnings of prostitution
T The Indecent Representation of
Women (Prohibition) Act, 1986
WOMA • Prohibits indecent representation of
women through advertisements or in
N publications, writings, paintings,
figures or in any other manner 
Centre for enquiry into Health and Allied themes
(CEHAT) Vs Union of India, 2003
• With the advent of pre-natal diagnostic techniques that could
determine the sex of a fetus, the growing trend of aborting female
fetuses was observed. In a bid to curtail female feticide, the
government of India issued the PNDT Act in 1996. The provisions of
the PNDT Act, however, were not being effectively implemented by
the state and central government. The Centre for Enquiry into Health
and Allied themes filed a petition which led to the Supreme court
directing the Central and State governments to enact the
provisions of the act immediately, and banned all advertisements
relating to pre-natal sex determination techniques.
Laxmi Vs Union Of India In 2006
• Laxmi, an acid attack victim, filed a petition seeking measures to
regulate the sale of acid and provide adequate compensation to the
victim. Taking cognizance of the number of cases relating to acid
attacks against women on the rise, the Supreme Court imposed
stringent regulations on the sale of acid in 2013. The ruling banned
over the counter sale of acid. Dealers can sell the acid only if the buyer
provides a valid identity proof and states the need for the purchase. It
is mandatory for the dealer to submit the details of the sale within
three days to the police. It also made it illegal to sell acid to a person
below 18 years.
WHAT YOU SHOULD DO?

1. BE AWARE, CREATE AWARENESS

2. DON’T MISUSE
3. BE ALERT!
4. DON’T HESITATE TO TALK
THAN
K
YOU!