Women and Law

Women in Vedic period: High status, property rights

Women in sutra period: Kept Away from Vedas

Women in medieval period: Muslims adopted early marriage, dowry

Status of women in British period: Status deteriorated
Preset day miseries:
o

Polygamy,

Dowry,

Discriminations,

female feticide,

violence against women

Gender in equality in India:

o

Differences in economic roles,

Restrictions of movements,

sex ratio

After Independence:

Constitutional protections

Legislations

Constitutional provisions

 Article 14

Equality before law

 Article 15 and 16

Prohibits discrimination

 Article 15 (A) (E)

To renounce practices affecting dignity of women

 Article 16 (1)

Equality of opportunity for all

 Article 39 (d)

Equal pay for equal work

 Article 42

Maternity relief

Atrocities against women

Rape,

murder,

domestic violence

The Indian Penal code 1860, offences and atrocities

Dowry death: Section 304-B IPC (Seven years Imprisonment)

Causing Miscarriage without consent: Sections: 312 to 318 IPC

For causing death- life imprisonment,

Outraging modesty of women section: 354 IPC ( two years imprisonment)

Kidnapping and abduction Sections: 359 to 374 IPC (Imprisonment up to 10 years)

Sexual offences: Sections 375 to 376 B IPC: (seven years imprisonment)
Offences relating to marriage

Cohabitation with a woman by deceit: section 453 IPC : (ten years imprisonment)

Bigamy during life time of a spouse - Section 494 IPC (seven years imprisonment)

Adultery: section 497 IPC

Sexual harassment of women at work place: considered as human rights violation
Legislations to uplift status of women in India
Before Independence

The Prevention of Sati Act, 1829

The Hindu widow remarriage act 1856

The Child marriage restraint act, 1929
After Independence
o

Hindu Marriage act 1955 - Age at marriage 18 years

Hindu Succession act, 1956 - Equal rights to property

The Dowry prohibition act 1961- to prohibit dowry system

The Equal remuneration act 1961- Equal pay for equal work

The Immoral traffic (Prevention act ) 1956- Punishment for Immoral traffic in
women

The medical termination of pregnancy act 1971 - Legalizes of abortion

The commission of sati (prevention act 1987) For prevention of sati (Prevention
act) 1987 for prevention of sati

The pre- natal diagnostic techniques ( Regulation and prevention of misuse )Act
1994

To prohibit misuse of prenatal diagnostic techniques

The family courts act 1984- For speedy settlement of marital disputes

Maternity benefit act 1961- Maternity benefit to working women

The ESI act 1948 - Maternity benefits to insured women

Inheritance act - Equal share to women

Amendment of rape law 1984

Law is an instrument to remove social disabilities. It is a tool for empowering women

Indias emphasis on welfare state has impact on womens status