Solution To Question Bank of Law Relating To Women and Children

Question Bank Solution of Law Relating to Women and Children
Q1. Write a short note on Medical Termination of Pregnancy Act
On the basis of the Shantilal Committee report submitted in December 1966, a medical
termination bill was introduced in both the Lok Sabha and Rajya Sabha and was passed by the
parliament in 1971. This Act is applicable to the whole of India. This Act has been in force
with effect from 1st April 1972. The act was further revised in the year 1975 to make it less
complicated and more effective.
Objects of Medical Termination of Pregnancy Act, 1971:
There are situations in pregnancy, such that the life of the mother or the life of the child in the
womb, is in danger. This Act has been enacted mainly with a view to save the life of the mother.
Under this Act, the pregnancy of the mother can be terminated
 On medical grounds, like when the physical or mental health of the mother is at risk;
 On humanitarian grounds, like when there is a forced pregnancy because of rape;
 There is a possibility of the birth of a deformed child.
Features of Medical Termination of Pregnancy Act, 1971:
Under this Act,
 the pregnancy of the mother can be terminated
a) On medical grounds, like when the physical or mental health of the mother is at
risk;
b) On humanitarian grounds, like when there is a forced pregnancy because of

rape;
c) There is a possibility of the birth of a deformed child.
 Only Registered Medical Practitioner can perform treatment of termination of

pregnancy in good faith at hospitals maintained by the Government or approved by
the Government in accordance with the provisions of the Medical Termination of
Pregnancy Act, 1971.
 Any illegal termination of pregnancy is punishable under this Act and under the
Indian Penal Code, 1872.
 The Act does not permit termination of pregnancy after 20 weeks. The medical
opinion must off course be given in "good faith". The term good faith has not been
defined in the Act but sec. 52 if the IPC defines good faith to mean as an act done
with 'due care and caution'.
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Q2. Write a short note about Immoral Traffic (Prevention) Act of 1956
Objects of the Act:
1. In 1950, the Government of India ratified the International Convention for the
Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of
Others. Under Article 23 of the Convention, traffic in human beings is prohibited and
any contravention of the prohibition is an offence punishable by Law. Under Article 35
such a Law has to be passed by Parliament as soon as may be after the commencement
of the Constitution.
2. Legislation on the subject of suppression of immoral traffic does exist in a few States
but the Laws are neither uniform nor do they go far enough. In the remaining States
there is no bar on the subject at all.
3. In the circumstances it is necessary and desirable that a Central Law should be passed
which will not only secure uniformity but also would be sufficiently deterrent for the
purpose. But a special feature of the Bill as that it provides that no person or authority
other than the State Government shall establish or maintain any protective home except
under a licence issued by the State Government. This will check the establishment of
homes which are really dens for prostitution.
Features of the Act:
 In 1950 the Government of India ratified the International Convention for the
Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of
others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls
Act, 1956 (SITA).
 By section 3 of the Suppression of Immoral Traffic in Women and Girls (Amendment)

Act, 1986 (44 of 1986) the nomenclature of the Act has been changed with effect from
20th January, 1987. Now it stands as The Immoral Traffic (Prevention) Act, 1956 (104
of 1956).
 The act states the illegality of prostitution and the punishment for owning any such
related establishment
 Any person involved in any phase of the chain activities like recruiting, transporting,
transferring, harbouring, or receiving of people for the purpose of prostitution is also
liable to be punished
 If a person is found guilty of involving a child in any such activity, he/she is punishable
by law and may be imprisoned for seven or more years
The Act is amended by the Immoral Traffic Prevention Amendment Bill, 2006. Given below
are the important points of the Amendment bill:
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 The Bill deletes provisions that penalised prostitutes for soliciting clients. It penalises
any person visiting a brothel for the purpose of sexual exploitation of trafficked victims
 All offences listed in the Bill would be tried in camera, i.e., the public would be
excluded from attending the trial
 This Bill punishes trafficking for the purpose of prostitution. Trafficking for other
purposes (such as bonded labour and domestic work) are not covered by the Bill
 The Bill constitutes authorities at the centre and state level to combat trafficking.
However, it does not elaborate on the role, function and composition of these authorities
Q3. Explain the International views about protection of women’s and

children’s right.
 The Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW), a key international agreement on women’s human rights, was adopted by
the United Nations General Assembly in 1979. CEDAW is often described as an
international bill of rights for women. Its preamble and 30 articles aim to eliminate
gender discrimination and promote gender equality. The convention defines
discrimination against women as “any distinction, exclusion or restriction made on the
basis of sex” that impedes women’s “human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.” It sets an agenda for
national action to end such discrimination, requiring all parties to the convention to take
“all appropriate measures, including legislation, to ensure the full development and
advancement of women” and guarantee their fundamental freedoms “on a basis of
equality with men.”
 An important outcome of the 1995 Beijing Fourth World Conference on Women was
the Beijing Declaration and Platform for Action. These documents embody the
international community’s commitment to advance and empower women and remove
obstacles in the public and private spheres that have historically limited women’s full
participation. The Platform for Action sets forth three strategic objectives related to the
human rights of women: to promote and protect women’s human rights through the full
implementation of all human rights instruments (especially CEDAW), to ensure
equality and non-discrimination under the law and in practice, and to achieve legal
literacy.
 the Universal Declaration of Human Rights of 1948 proclaimed a basic catalog of
internationally recognized human rights, most of which were equally applicable to
children and adults. But only two of its provisions are specifically concerned with
children - article 25 (2), which recognizes that "motherhood and childhood are entitled
to special care and assistance," and article 26, dealing with the right to education."
 the most important policy statement in this field adopted by the General Assembly is
the 1959 Declaration of the Rights of the Child. Stressing that "mankind owes to the
child the best it has to give," the Declaration's 10 principles affirm the right of the child
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to receive special protection, to be given opportunities and facilities to enable him to

develop in a healthy and normal manner, to enjoy the benefits of social security,
including adequate nutrition, housing, recreation and medical services, to receive
education and to be protected against all forms of neglect, cruelty and exploitation.
Most of these rights were subsequently reaffirmed in treaty form in the International
Covenant on Economic, Social and Cultural Rights adopted in 1966.
Q4. Write a significance of convention on the elimination of all forms of

discrimination against women.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is
an international legal instrument that requires countries to eliminate discrimination against women
and girls in all areas and promotes women’s and girls’ equal rights. CEDAW is often described as
the international bill of rights for women, and is one of the key international agreements that guides
the work of UN Women in achieving gender equality and empowering all women and girls.
 CEDAW provides a complete definition of sex-based discrimination – described as any

distinction, exclusion, or restriction on the basis of sex, which intentionally or
unintentionally nullifies or impairs the recognition, enjoyment and exercise of women’s
social, cultural, political and economic rights.
 CEDAW takes a concrete and three-dimensional view of equality – it is based on the

principle of “substantive equality”, or “equality of results” between men and women.
This goes beyond equality of opportunity, and the wording used in laws, to looking at
the actual condition of women’s lives as the true measure of whether equality has been
achieved.
 CEDAW legally binds all States Parties to fulfill, protect and respect women’s human
rights – this means that States are responsible not just for their own actions, but also for
eliminating discrimination that is being perpetrated by private individuals and
organizations. Gender inequalities must be addressed at all levels and in all spheres,
including the family, community, market and state.
 CEDAW recognizes that discrimination is often most deeply rooted in spheres of life
such as culture, family and interpersonal relations – it addresses the negative impact of
gender stereotyping, working on the fundamental premise that unless change takes
place at those levels efforts to achieve gender equality will be frustrated.
Q5. Write a women’s status on ancient era as well as modern era.
Status of Women in Ancient India:
In the ancient Indus valley civilization of India, evidence shows the worship of the mother
goddess. Thus, the importance of a woman as a mother can be traced. During the Rig Vedic
period, it is believed that the position of wife was honoured and women’s position was
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acknowledged, especially in the performance of religious ceremonies. The education of young

girls was considered an important qualification for marriage. Ghosha (she wrote hymns in the
praise of Ashwini Kumars, physicians of gods), Lopamudra (wife of rishi Agasthya), Maitreyi
(the woman seer, and philosopher), Gargi (the Vedic prophetess and philosopher) were known
for their intelligence and were respected in their society. We can see some references in Vedic
literature that in the Kshatriya society, brides had the exclusive right of selecting their life
partners, through ‘Swayamvara’. In the Rig Vedic society, the dowry system was unknown.
However, the concept of marriage was as a dan (gift) and known as “kanyadan”. Monogamy
was the general practice though Bigamy was also in practice, it was limited to the aristocratic
classes. Thus we can conclude that the status of women in this period was primarily dependent
upon their upbringing and the society in which they lived. Medieval Indian history spreads over
500 years. It is predominantly the history of Muslim rulers. With the advent of Muslims in
India, the social movement of Indian women was restricted.
Status of Women in Modern Era:
During the colonial era, many Indians acquired western education and were introduced to the
concepts of freedom, equality, and fraternity proclaimed during the French revolution. These
educated people emphasized the equality of women with men. They challenged the caste
system. The British government took bold steps to reform the caste-ridden Indian social order.
Most of the reform movements Brahma Samaj of 1825 (Founded by Raja Ram Mohan Roy),
Prarthana Samaj of 1897 (Founded by Dadoba Pandurang and Atmaram Pandurang) and Arya
Samaj of 1875 (Founded by Swami Dayanand Saraswati), Satyashodhak Samaj (Founded by
Mahatma Jyotiba Phule), and Widdow Remarriage Movement (By Ishwar Chandra
Vidyasagar) were led by male reformers who set the limit of the freedom and development of
women.
Our revered Constitution framers were well aware of the subordinate and backward position of
women in India. They, therefore, made sincere efforts to improve the entire situation in favour
of women. The introduction of the concept of equality through various provisions in the Indian
Constitution, followed by laws concerning marriage, divorce, inheritance, maintenance, widow
remarriage, prohibition of sati, dowry, child marriage, etc., laid the foundation of their present
status. Realizing the need of setting up an agency to protect women against violence the
government decided to set-up a Commission for Women and enacted the National Commission
for Women Act, 1990 and the Protection of Human Rights Act, 1993.
Q6. Rights and duties of National Commission for women
Section 10 of the National Commission for Women Act, 1990 deals with the functions of the
Commission. The National Commission of Women enjoys the powers of a civil court. It
investigates and examines the matters related to safeguards provided for women under the
Constitution and other law. The Parivarik Mahila Lok Adalat, (PMLA) is an innovative
component with its roots in the traditional Nyaya Panchayats. It is created by NCW for the
redressal and speedy disposal of cases.
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The Commission shall perform all or any of the following functions:
 Investigation and Examination: Investigate and examine all the matters relating to
the safeguards provided for the women under the Constitution and other laws
 Presentation of Reports: Table reports to the Central Government, every year and at
such other times as the Commission may deem fit, reports upon the working of those
safeguards
 Recommendations: Make in such reports and recommendations for the effective

accomplishment of those safeguards for enhancing the conditions of the women by the
Union or any State.
 Review, every now and then, the current provisions of the Constitution and other laws
distressing the women and prescribe alterations and suggest curative legislative
measures meet any break, inadequacies, and incapacity in such legislation.
 Cases of Violation: Take up cases of infringement of the provisions of the Constitution

and of other laws relating to the women with the relevant authorities
 Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters
relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-
compliance of policy decisions guaranteeing the welfare for women society.
 Special Studies and Investigation: It conducts special studies or investigation on the

concerning issues or circumstances emerging out of segregation and outrages against
ladies and recognizes the limitations in order to suggest techniques for their expulsion
 Research: Undertake the promotional and educational research so as to propose ways

of ensuring due representation of women in all fields and identifies the factors
responsible for impeding the support services and technologies for reducing drudgery
and professional health hazards and for escalating their efficiency.
 Participation in all spheres particularly in Planning: take part and advice on the
planning process of socio-economic development of women
 Evaluation: assess the progress of the development of women society under the Union
and State.
 Inspection: investigate or cause to be inspected a jail, remand home women’s

establishment or other places of guardianship where ladies are kept as detainees.
 Funding: fund litigation, relating issues affecting a large body of women.
 Reporting: make periodical reports on any issue pertaining to women and in particular
various difficulties under which women toil.
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Q7. Explain the Constitutional provisions to protection of women’s and

children in India
Provisions Related with Both Women and Children:
 Right to equality (Article 14)

 Right against discrimination (Article 15)
 Right to personal liberty and due process of law (Article 21)
 Right to being protected from being trafficked and forced into bonded labour (Article
23)
 Right of minorities for protection of their interests (Article 29)
 Right of weaker sections of the people to be protected from social injustice and all
forms of exploitation (Article 46)
 Right to nutrition and standard of living and improved public health (Article 47)
Provisions Specially Related with Women:
 Article 42 directs the State to make provision for securing justice and humane
conditions of work and for maternity relief.
 Article 51A (e)enjoins upon every citizen to renounce practices derogatory to the
dignity of women.
 Article 243 D (3) and Article 243 T(3) provide for reservation of not less than one third
of total number of seats in Panchayats and Municipalities for women to be allotted by
rotation to different Constituencies.
 Article 243 D(4) T(4) provides that not less than one third of the total number of officers
of chairperson in the Panchayat and Municipalities at each level to be reserved for
women.
Provisions Specially Related with Children:
 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A)
 Right to be protected from any hazardous employment till the age of 14 years (Article
24)
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e))
 Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and youth
against exploitation and against moral and material abandonment (Article 39 (f))
 Right to early childhood care and education to all children until they complete the age
of six years (Article 45)
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Q8. Short note on 498 A of IPC.
Section 498A of the Indian Penal Code 1860 was passed by the Indian Parliament in 1983.
Section 498 A of Indian Penal Code is one of the greatest rescues for Violence against
Woman (VAW), which is a reflection of the pathetic reality of the domestic violence
occurring within the four walls of a house. According to this Section, if the husband or the
relative of the husband of a woman, subjected such woman towards cruelty would be
punished with imprisonment for a term which might extend to 3 years and may also be liable
for fine. The word ‘cruelty’ has been described in broad terms so as to include causing
physical or mental harm to the body or health of the woman and indulging in acts of
harassment with a view to coerce her or her relations to meet any unlawful demand for any
property or valuable protection.
The incorporation of section 498A was aimed at preventing cruelty committed upon a
woman by her husband and her in-laws by facilitating rapid state intervention. However,
cases of false and exaggerated allegations and involvement of several of the husband’s and
his family’s relatives have been spreading rampantly, leading to widespread recognition of
these beneficiary laws as a means of exacting the wives’ revenge.
In the case of, Sushil Kumar Sharma v. Union of India and others, the Supreme Court held
that the purpose of the provision is to prevent a threat to the dowry. But as the petitioner
rightly satisfied that many instances have come to light where the complaints are not bonafide
and are filed with oblique motive. In these cases, the acquittal of the accused will not wash
out the ignominy incurred during and before the court in any case. Adverse media attention
also contributes to the situation.
Q9. Role of personal laws to avoid unequal position of women in India
There are numerous personal laws in India. The applicability of these rules is generally
determined by the religion practised by various cultures. The only common feature of all these
different personal laws is that, they are prejudiced towards women and shows favouritism to
men.
Marriage:
In Christian, Hindu, and Parsi marriages are considered sacraments, while Muslim marriage is
considered as a simple civil transaction rather than a sacrament. Bigamy is illegal under Hindu
law. UIn Muslim polygamy is excepted. Mehr is a duty put on the husband as a symbol of
respect to the wife under Muslim Law, whereas the Dahej pratha or the dowry system is one
of the most important practises in Indian marriages under Hindu Law, despite being illegal.
Divorce:
Polygamy is a sufficient ground for divorce in Hindu law but not in Muslim law, whereby a
man can marry any number of wives less than 4 but a woman can only marry one man. Muslim
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law, the position of women is far worse than what it is under the Hindu law as they face more
discrimination and more restrictions in seeking divorce. Christian women could not get a
divorce only on their husband’s infidelity; it has to be accompanied with either cruelty,
bestiality or sodomy. Christian husbands, on the other hand, might simply declare their wives
to be adulteresses and divorce them.
Maintenance:
A Hindu woman has more rights than a Muslim woman, according to the provisions of personal
laws. A Hindu wife can divorce or be divorced by her husband and the woman is only entitled
to receive maintenance on the ground of her not having married another man. While a divorced
woman in Muslim law does not have the ability to seek maintenance after the iddat period and
is only entitled to the mehr, the Muslim Women Protection of Rights on Divorce Act of 1986
came into effect, protecting Muslim women’s rights.
Inheritance:
Because India lacks a uniform civil code, the legislation governing inheritance and property
distribution varies depending on one’s religious beliefs. The Hindu Succession Act of 2005
and the Indian Succession Act of 1925 are two key statutes that govern property distribution.
Q10.Write a short note on how state responsibility for the protection of child
rights in India.
Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State
Policy (DPSP) They are borrowed from the Constitution of Ireland, which had copied it from
the Spanish Constitution. The constitution makers had envisaged that the fundamental rights
alone would not help much in alleviating the socio-economic conditions prevailing in India and
hence added the DPSP in the Constitution to realize the potential of a welfare State fully.
Fundamental Rights and DPSP are meant to supplement each other. The articles related to
children of directive principles are as follows:
 Article 39(e) and (f) provides that the State shall, in particular, direct its policy towards
securing to "ensure that the health and strength of workers, men and women and the
tender age of children are not abused" and "that the citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength" and that "the children
are given opportunities and facilities to develop in a healthy manner and in conditions
of freedom and dignity" and that the childhood and youth are protected against
exploitation and against moral and material abandonment.
 Article 45- The State shall endeavour to provide early childhood care and education for
all children until they complete the age of six years.
 Article 47- The State shall regard the raising of the level of nutrition and the standard
of living of its people and the improvement of public health as among its primary duties
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 Article 243G read with Schedule 11 - provide for institutionalization of child care by
seeking to entrust programmes of Women and Child Development to Panchayat (Item
25 of Schedule 11), apart from education (item 17), family welfare (item 25), health
and sanitation (item 23) and other items with a bearing on the welfare of children.
Q11. What is Maternity Benefit?
Maternity Benefit is a payment made to women who are on maternity leave from work. Every
woman shall be entitled to, and her employer shall be liable for, the payment of maternity
benefit, which is the amount payable to her at the rate of the average daily wage for the period
of her actual absence. Every woman employee who may be employed directly or through any
contractor and who has worked in an establishment for a period of at least 80 days during the
12 months immediately preceding the date of her expected delivery shall be entitled to for the
benefits.
Cash Benefits
 Leave with average pay for six weeks before the delivery.
 Leave with average pay for six weeks after the delivery.
 A medical bonus if the employer does not provide free medical care to the woman.
 An additional leave with pay up to one month if the woman shows proof of illness due
to the pregnancy, delivery, miscarriage or premature birth.
 In case of miscarriage, six weeks leave with average pay from the date of miscarriage.
Non Cash Benefits/Privilege:
 Light work for ten weeks (six weeks plus one month) before the date of her expected
delivery, if she asks for it.
 Two nursing breaks in the course of her daily work until the child is 15 months old.
 No discharge or dismissal while she is on maternity leave.
 No change to her disadvantage in any of the conditions of her employment while on

maternity leave.
 Pregnant women discharged or dismissed may still claim maternity benefit from the
employer.
In addition to the above the Act also makes provisions to undertake light work activities for
pregnant women 10 weeks prior to her delivery also nursing breaks during daily work till the
child attends age of 15 months
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Q12. State any three functions of Human Rights Commission
Section 12 of the Protection of Human Rights Act, 1993 deals with the functions of the National
Human Rights Commission. According to this section the Commission shall perform all or any
of the following functions:
 Inquire, Suo moto, or on a petition presented to it by a victim or any person on his

behalf or on a direction or order of any court into complaint of (i) violation of human
rights or abetment thereof; or (ii) negligence in the prevention of such violation by a
public servant;
 Intervene in any proceeding involving any allegation of violation of human rights

pending before a court with the approval of such Court;
 Visit, notwithstanding anything contained in any other law for the time being in force,
any jail or other institution under the control of the State Government, where persons
are detained or lodged for purposes of treatment, reformation or protection, for the study
of the living conditions of the inmates thereof and make recommendations thereon to
the government.
 Review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human rights and recommended measures for their
effective implementation.
 Review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommended appropriate remedial measures.
 Study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
 Undertake and promote research in the field of human rights.
 Spread human rights literacy among various sections of society and promote awareness
of the safeguards available for the protection of these rights through publications, the
media, seminars and other available means.
 Encourage the efforts of non-governmental organisations and institutions working in

the field of human rights.
 Such other functions as it may consider necessary for the promotion of human rights.
Q13. Write short note on 'Reservation of seats for women in Panchayat'
Decentralising power at the grassroots; level was on the national agenda for many years. It
became a reality through the 73rd and 74th amendments to the Constitution in April 1993. The
73rd amendment, among other things, handed over the reins of power to the people at the
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panchayat level with a 33 per cent reservation of certain seats and key positions within the
panchayat to women. The amendment also made it mandatory for all states to hold gram
panchayat and municipal elections and empowered these bodies to undertake development
activities at the local level. Some states like Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand,
Kerala, Maharashtra, Orissa, Rajasthan, Tripura and Uttarakhand had made legal provision for
50% reservation for women among members and Sarpanches.
Panchayat’, being “Local government”, is a State subject and part of State list of Seventh
Schedule of Constitution of India. Clause (3) of Article 243D of the Constitution ensures
participation of women in Panchayati Raj Institutions by mandating not less than one- third
reservation for women out of total number of seats to be filled by direct election and number
of offices of chairpersons of Panchayats. Now that women's participation in panchayats is
slowly and surely making an impact on grassroots governance, it can be said that the
foundations have been laid to extend this social revolution to all levels of decision - making.
Q14. Explain aims and objectives of Dowry Prohibition Act
Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or
agreed to be given either directly or indirectly—
 by one party to a marriage to the other party to the marriage; or
 by the parents 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 any time 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) applies.
Objects of Dowry Prohibition Act:
 Dowry is an ancient system under which the parents of the bride pay the bridegroom
and/or his parent money, goods or estate honouring the bridegroom's willingness to
accept the bride in the marriage. This system resulted in injustice to girls, mental torture
of women, and an increase in number of divorces. In some cases, it resulted into death
of women. To actively work for creating a dowry free society without adversely
affecting the institution of marriage, family structure, and implication of innocents, the
Dowry Prohibition Act, 1961 was enacted.
 The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with
an objective to prohibit presenting, obtaining or demanding dowry by any means from
either of the party to the marriage.
Q15. State the objects of Medical Termination of Pregnancy Act
On the basis of the Shantilal committee report submitted in December 1966, a medical
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Q16. Explain Restrain of Child Marriage
Child Marriage Restrain Act, 1929:
According to the Act, "Child" means a person who, if a male, has not completed twenty-one
year of age, and if a female, has not completed eighteen years of age. "Child marriage" means
a marriage to which either of the contracting parties is a child.
 According to Section 3 of the Act, whoever, being a male above eighteen years of age
and below twenty-one, contracts a child marriage shall be punishable with simple
imprisonment which may extend to fifteen days, or with fine which may extend to one
thousand rupees, or with both.
 According to Section 4 of the Act, whoever, being a male above twenty-one years of
age, contracts a child marriage shall be punishable with simple imprisonment which
may extend to three months and shall also be liable to fine.
 According to Section 5 of the Act, whoever performs, conducts or directs any child
marriage shall be punishable with simple imprisonment which may extend to three
months and shall also be liable to fine unless he proves that he had reason to believe
that the marriage was not a child-marriage.
 According to Section 6 of the Act, where a minor contracts a child marriage, any person
having charge of the minor, whether as parent or guardian or in any other capacity,
lawful or unlawful, who does any act to promote the marriage or permits it to be
solemnised, or negligently fails to prevent it from being solemnised, shall be punishable
with simple imprisonment which may extend to three months and shall also be liable to
fine.
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Q17. Explain - Need for Uniform Civil Code
Article 44 lays down that the State shall endeavour to secure for the citizens a uniform civil
code throughout the territory of India. The Uniform Civil Code (UCC) calls for the formulation
of one law for India, which would be applicable to all religious communities in matters such
as marriage, divorce, inheritance, adoption.
Need of UCC:
 Protection to Vulnerable Section of Society: The UCC aims to provide protection to

vulnerable sections as envisaged by Dr. B. R. Ambedkar including women and religious
minorities, while also promoting nationalistic fervour through unity.
 Simplification of Laws: The code will simplify the complex laws around marriage
ceremonies, inheritance, succession, adoptions making them one for all. The same civil
law will then be applicable to all citizens irrespective of their faith. When enacted the
code will work to simplify laws that are segregated at present on the basis of religious
beliefs like the Hindu code bill, Sharia law, and others.
 Adhering to Ideal of Secularism: Secularism is the objective enshrined in the

Preamble, a secular republic needs a common law for all citizens rather than
differentiated rules based on religious practices.
 Gender Justice: India has separate sets of personal laws for each religion governing
marriages, divorce, succession, adoption and maintenance. However, the rights of
women are usually limited under religious law, be it Hindu or Muslim. The practice of
triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will
cease to exist. It will do away with gender biases in Muslim law, Hindu law and
Christian law that have been often challenged by women on the ground that they violate
the right to equality.
Q18. Explain – Sexual Harassment of women at Workplace
Atrocities against women are common everywhere. Nowadays many women are working in
different places of work. There are chances of sexual harassment at the workplace. Sexual
harassment of women at a workplace is considered a violation of women's right to equality,
life, and liberty. It creates an insecure and hostile work environment, which discourages
women's participation in work, thereby adversely affecting their social and economic
empowerment and the goal of inclusive growth.
In the Vishaka v. State of Rajasthan, (1997) 6 SCC 241 case, the guidelines issued by a three-
judge bench comprising of Chief Justice Verma, Justice Sujata V. Manohar and Justice B.N.
Kripal widened the meaning and scope of sexual harassment. It defined sexual harassment as
an unwanted sexual determination which is directly or impliedly intended to cause the
following:
14
1. Physical contact or advances.
2. A demand or request for sexual favours.
3. Sexually coloured remarks.
4. Showing pornography.
5. Any other unwelcome conduct whether it is physical, verbal or non-verbal.
After 16 years of Vishakha case, The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act 2013 was enacted with the objective to provide protection
against sexual harassment of women at the workplace and for the prevention and redressal of
complaints of sexual harassment and for matter connected therewith or incidental thereto.
Q19. What is difference between dowry and stridhan?
Dowry is different from Stridhan in various ways, although both the concepts would come into
the picture at the time of marriage.
The term “Stridhan” literally means the “woman’s property”. According to the Smritika, the
Stridhan constituted those properties which she received by way of gifts from her relatives,
which included mostly movable property such as ornaments, jewellery, dresses. Sometimes
even land or property or even houses were given as gifts. The purpose behind deeming
properties as “Stridhan” was to ensure that "The woman" had full right over its disposal or
alienation. On her death, all types of Stridhan, devolved upon her heirs. The Dowry Prohibition
Act 1961 does not bar traditional giving of presents at or about the time of wedding.
of women. Under the Dowry Prohibition Act, 1961, taking dowry is punishable offence.
 Shridhan is a gift from her relatives to the bride, while dowry is a demand of valuable
property by relatives of the groom from relatives of the bride.
15
Q20. Name any three functions of the National Commission of Women
safeguards

Union or any State.

relating to – deprivation of women’s rights, non-implementation of the laws, and Non-
Q21. Enumerate any 3 provisions under the Constitution of India for the
benefit of children.
 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A)
 Right to be protected from any hazardous employment till the age of 14 years (Article
24)
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e))
 Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and youth
against exploitation and against moral and material abandonment (Article 39 (f))
 Right to early childhood care and education to all children until they complete the age
of six years (Article 45)
16
Q22. Explain in brief the need for Uniform Civil Code.
Need of UCC:


Q23. Discuss in brief the provision relating to maintenance of wife under

section 125 of Criminal Procedure Code.
Maintenance is a term mostly associated with the financial support that a woman can claim
from her husband after divorce. The explanation attached to Section 125(1) of the Code of
Criminal Procedure says that the term ‘wife’ includes women who is divorced by or has
obtained divorce from her husband and has not re-married. It is enough if the applicant's wife
succeeds in showing that they lived together as husband and wife. So, who all can claim
maintenance under the definition of wife are:
 Legally wedded wife
 Divorced wife but not a re-married wife
17
If any person having sufficient means neglects or refuses to maintain his wife and unable to
maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order
such person to make a monthly allowance for the maintenance of his wife, at such monthly
rate, as such Magistrate thinks fit, and to pay the same to wife as the Magistrate may from time
to time direct. The Magistrate can pass an order for interim maintenance during the pendency
of the suit. The maintenance amount order under Section 125 of CrPC must be adjusted
according to decree from civil court. Maintenance under 125 of CrPC can be claimed by any
woman, irrespective of any personal laws.
If a man is healthy and able-bodied, he must be held to possess the means to support his wife,
children and parents and he cannot be relieved of his obligation on the ground that he is a mere
boy and is unemployed.
Q24. Explain in brief the rights of Muslim Women in respect of “Dower‟.
The concept of dower for all Muslims are governed by Muslim personal law. Under Muslim
law, dower is known as ‘mehr’. Mehr or Dower is a sum of money or other property to be paid
or delivered to the wife. It is either specified or unspecified but in either case, the law confers
a mandatory right of Mehr or Dower on wife. The Mehr (Dower) belongs to wife and she can
deal with it in the manner she likes it and neither her husband nor husband’s relations nor even
her relations can dictate her in matter of using the Mehr money or property.
 Right to Dower: Every woman under Muslim law has the right to claim a dower on
the commission of marriage. Muslim law confers upon a wife or a widow to some rights
to compel to get the payment of dower.
 Right to dower as debt- if the dower is debt then the widow is entitled along with other
creditors to have it satisfied on the death of husband out of his bequest.
 Right to cohabit- the wife has a right under Muslim to refuse to cohabit with her
husband in case the prompt dower is not paid and if the marriage has not been
consummated.
 The right to retain her deceased husband’s property- wife has a right to retain his
property until dower is paid if she has lawfully obtained the possession of her husband
property.
Q25. What do you mean by Adoption? What are the provisions for a woman
to adopt a child?
By adoption, a child is completely transferred from one family to another family and a number
of legal consequences arise, both in the adoptive family as well as in the family of birth. All
types of relationship in the family of the birth stands snapped after a child has given for
adoption. The adopted child is entitled to succession, maintenance and other legal rights in the
adopted family. The adopted child becomes legally dead for biological parents.
18
A Hindu woman can adopt a child provided she is of sound mind and not minor. Under this
Section8 of the Hindu Adoption and Maintenance Act, 1956, a Hindu female who is not
married can take a boy or girl or both in adoption subject to Section 11(IV). If she subsequently
gets married her adopted child will be treated as step-son or step-daughter of her husband.
However, she will continue to be the adoptive mother of the adopted child.
A married woman cannot adopt at all during the subsistence of her marriage even with the
consent of her husband. A married woman may adopt in the following circumstances:
1. when her husband has completely and finally renounced the world
2. the husband has ceased to be a Hindu;
3. the husband has been declared by a court of competent jurisdiction to be of unsound

mind.
In Narinderjit Kaur v. Union of India, AIR 1997 P&H 280 case, the Court held that where a
child was given in adoption willingly by natural parents and was taken in adoption by adoptive
mother through her attorney, it was held to be a valid adoption. It was also held that the
subsequent marriage of adoptive mother does not invalidate adoption.
Q26. Enumerate 3 fundamental rights provided under the Constitution for

protection of Women’s Rights.
 Right to equality (Article 14)

 Right against discrimination (Article 15)
 Right to personal liberty and due process of law (Article 21)
 Right to being protected from being trafficked and forced into bonded labour (Article
23)
 Right of minorities for protection of their interests (Article 29)
 Right of weaker sections of the people to be protected from social injustice and all
forms of exploitation (Article 46)
 Right to nutrition and standard of living and improved public health (Article 47)
Q27. What do you mean by Sati? Which was the last recorded incident of
Sati in India?
According to Section 2 (c) of the Commission of Sati (Prevention) Act, 1987, "sati" means the
burning or burying alive of (i) any widow along with the body of her deceased husband or any
other relative or with any article, object or thing associated with the husband or such relative;
or (ii) any woman along with the body of any of her relatives, irrespective of whether such
burning or burying is claimed to be voluntary on the part of the widow or the women or other-
wise.
19
On September 4, 1987, in the village of Deorala of Sikar district in Rajasthan, the 18-year-old
Roop Kanwar mounted her husband Maal Singh Shekhawat's funeral pyre and burned to death
in its flames. Thirteen days later, at the traditional chunari ceremony, a crowd of at least
250,000 gathered at the site of her death to worship her as a goddess. At the time of the
incidence, the Sati Prevention Act was not in existence. Hence the accused were tried under
the Indian Penal Code for glorifying the incidence of ‘sati’. The Special Court acquitted all the
accused, for the lack of evidence. Actually the crime was seen by thousands of people, but the
law, its procedures, and legal machinery were totally inadequate to punish the guilty. This case
is popularly known as ‘sati case’. Her death took place without the knowledge of her parents,
who learned of it from newspaper reports. Her in-laws were found to be earning enormous
sums from worshippers at a shrine erected to Roop on their private property, where they had
held the funeral instead of at the public cremation site.
Q28. Discuss in brief the objects of Juvenile Justice (Care and Protection) of
Children Act, 2000.
The following are the objectives of the Juvenile Justice (Care and Protection of Children) Act,
2015.
 To lay down the basic principles for administering justice to a juvenile or the child in
the Act;
 To make the juvenile justice system meant for a juvenile or the child more appreciative
of the developmental needs in comparison to the criminal justice system as applicable
to adults;
 To bring the juvenile law in conformity with the United Convention on the Rights of
the Child;
 To prescribe a uniform age of eighteen years for both boys and girls;
 To ensure speedy disposal of cases as enshrined under Article 21 of the Constitution of

India by the authorities envisaged under this Act regarding juvenile or the child within
a time limit of four months;
 To spell out the role of the State as a facilitator rather than doer by involving voluntary
organizations and local bodies in the implementation of the proposed legislation;
 To create special juvenile police units with a humane approach through sensitization
and training of police personnel;
 To enable increased accessibility to juvenile or the child by establishing Juvenile Justice

Boards and Child Welfare Committees and Homes in each district or group of districts;
20
 To minimize the stigma and in keeping with the developmental needs of the juvenile or
the child, to separate the Act into two parts—one for juveniles in conflict with the law
and the other for the juvenile or the child in need of care and protection;
 To provide for effective provisions and various alternatives for rehabilitation and social
reintegration such as adoption, foster care, sponsorship, and aftercare of abandoned,
destitute, neglected, and delinquent juvenile and child.
 To allow juveniles between the age group of 16-18 years to be tried as adults for heinous
offenses.
Q29. Enumerate any 3 provisions given under ILO for protection of Labour.
The International Labour Organization (ILO) is a UN specialized agency which seeks the
promotion of social justice and internationally recognized human and labour rights. The
objectives of the ILO were redefined at the Philadelphia conference in 1944. This was termed
as “Declaration of Philadelphia”. The following 10 objectives were enunciated at the
Philadelphia Conference.
 Full employment and the raising of standards of living.
 Employ workers on jobs for which they have adequate skill and satisfaction to work.
 Provide training and development facilities to achieve the above objective.
 Provide due share of profit as compensation to ensure a minimum level of living

standard to all employed and protection as and when needed.
 Accept collective bargaining as a right of workers and a means of improving

productivity between employees and management.
 Extend social security measures to provide a basic income to all in need and also
medical cover.
 Protect the life and health of workers in all occupations.
 Provision for child welfare and maternity protection.
 Provide adequate nutrition, housing, and facilities for recreation and culture.
 Provision for quality education and vocational opportunity.
21
Q30. Explain in brief any three provisions relating to Welfare and Safety of
women under the Factories Act, 1948.
 Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to
clean, lubricate or adjust any part of a prime mover or of any transmission machinery
while the prime mover or transmission machinery is in motion, or to clean, lubricate or
adjust any part of any machine if the cleaning, lubrication or adjustment thereof would
expose the woman to risk of injury from any moving part either of that machine or of
any adjacent machinery.
 Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a
factory for pressing cotton in which a cotton opener is at work.
 Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or
allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.
Q31. Write about the Social Reform Movement in India related to Women
in India.
women. These reformers attacked only those practices that were extremely cruel or visibly
violent (affecting only high caste Indian women). They rarely challenged the kinship structures
of women's subordination, sanctity of marriage and family, the sexual division of labour, and
caste hierarchies which perpetuated inequalities. Women reformers like Pandita Ramabai,
Rukhmabai, and Tarabai Shinde pointed out the biases of their contemporary male
reformers. PanditaRamabai began the movement that put emphasis upon the freedom of
women within the Indian society. During this period, there were many ladies, who mastered
the art of martial arts.
The Sati (Abolition) Act, of 1829 is considered a great achievement of the reformist movement.
There is an economic reason for the prevalence of widow immolation. Sati effectively prevents
the inheritance by widows. The Widow Remarriage Act, 1856 was recognized by law in
1856. The Child Restriction Act, 1929, and The Woman Property Right Act, 1937 were some
Acts passed during this period which helped in the social reformation in India. The Dissolution
of Muslim Marriage Act 1939 gave to a Muslim wife the right of judicial separation from her
husband that was denied to her earlier.
22
In spite of some reforms, the status of women within the society was in an underprivileged
state. They were not having any right to claim success in the property of their own family
members. Therefore, as far as property matters are concerned, the position of women was not
given recognition, as they were not given any inheritance rights. They were dependent upon
the male members of the family for fulfilling all their needs and requirements.
Q32. Write a short note on Laws relating to Dowry.
The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with an objective to
prohibit presenting, obtaining or demanding dowry by any means from either of the party to
the marriage.
Important provisions under the Act are as follows:
 Sec 3 of the Act says giving as well as taking dowry is an offence and its abetment is
punishable with imprisonment and fine.
 Under Section 4 of the Act, demanding dowry is also an offence when a person
demands, directly or indirectly any dowry from parents, guardian or relatives of a bride
or bridegroom is punishable with imprisonment and fine.
 Under Section 4A of the Act, any person who advertises through media that he is going
to give his property which will be in cash or in-kind as consideration for a marriage of
his daughter or any of his relative is punishable with imprisonment and fine..
 Under Section 5 an agreement for giving and taking dowry to be void ab initio.
 Section 6 of the Dowry Prohibition Act enumerated that when the dowry received
before marriage it should be returned within three months after the date of marriage.
When the same is received at the time or after the marriage, it should be returned within
three months after the date of its receipt. When it is received when the women was a
minor than it must be returned to her within three months after she attains her majority.
(18 yrs.). Failing to which is punishable with imprisonment and fine.
 According to Sections 7, 8 Taking dowry is a cognizable, non-bailable, non-

compoundable offence. Burden of proof lies on person receiving dowry.
23
Q33. Elaborate the Constitutional Concerns on Article 15(3), Article 24 and

Article 45?
With the prevalence of male dominance, there were constraints imposed upon women in terms
of the number of aspects, these include, acquisition of education, employment opportunities,
forced child marriage, purdah system, sati, and so forth. Children is also vulnerable class. Our
Constitution Makers special provisions in the Constitution for upliftment of women and
children.
According to Article 15 Clause 3 of the Constitution, nothing in this article shall prevent the
State from making any special provision for women and children. Women and children are
considered as one of the most vulnerable classes to social disparity. Under this provision State
has been given power to make special provisions for women and children. Under this article
special laws for women and children are made e.g. Juvenile Justice Act, etc.
According to Article 24 of the Constitution, no child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any other hazardous employment. It is
made punishable offence to employ a child below 14 years in establishment.
According to Article 45 of the Constitution, the State shall endeavour to provide, within a
period of ten years from the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen years. By amendment Article
21A is inserted in the Constitution making education as fundamental right of every child.
Q34 When does children’s work become child labour?
“Child” as defined by the Child Labour (Prohibition and Regulation) Act, 1986 is a person who
has not completed the age of fourteen years.
International Labour Organisation (ILO) defines the term child labour as, “work that deprives
children of their childhood, their potential and their dignity, and that is harmful to physical and
mental development. It refers to work that is mentally, physically, socially or morally
dangerous and harmful to children, or work whose schedule interferes with their ability to
attend regular school, or work that affects in any manner their ability to focus during school or
experience a healthy childhood.”
The main reasons for child labour are illiteracy, unemployment, poverty. The problem of child
labour is everywhere, but it is acute in the third world countries. According to a report of UNO
the maximum child labourers in the world are in India. At times, children are exposed to
harmful chemicals in factories (fireworks, machinery, etc) or engage in dangerous and
exploitative child labour which is reckoned to be detrimental for their health and growth. Child
labour violates Article 21 (right to life), Article 23 (right to protection from forced labour),
Article 24 (right to protection from hazardous employment) of the Constitution of India.
24
Q35. What is the International Labour Organization doing to combat child

labour?
The ILO’s International Programme on the Elimination of Child Labour (IPEC) was created in
1992 with the overall goal of the progressive elimination of child labour, which was to be
achieved through strengthening the capacity of countries to deal with the problem and
promoting a worldwide movement to combat child labour. IPEC currently has operations in 88
countries.
IPEC's work to eliminate child labour is an important facet of the ILO's Decent Work Agenda.
Child labour not only prevents children from acquiring the skills and education they need for
a better future, it also perpetuates poverty and affects national economies through losses in
competitiveness, productivity and potential income. Withdrawing children from child labour,
providing them with education and assisting their families with training and employment
opportunities contribute directly to creating decent work for adults.
While the goal of IPEC remains the prevention and elimination of all forms of child labour, the
priority targets for immediate action are the worst forms of child labour, which are defined in
the ILO Convention on the worst forms of child labour, 1999 (No. 182) as:
 all forms of slavery or practices similar to slavery,
 such as the sale and trafficking of children,
 debt bondage and serfdom and forced or compulsory labour, including forced or
compulsory recruitment of children for use in armed conflict;
 the use, procuring or offering of a child for prostitution, for the production of
pornography or for pornographic performances;
 the use, procuring or offering of a child for illicit activities, in particular for the
production and trafficking of drugs as defined in the relevant international treaties;
 work which, by its nature or the circumstances in which it is carried out, is likely to
harm the health, safety or morals of children.
Q36. What are the causes of Domestic Violence in India?
There is no uniform or single reason that leads to domestic violence. It is a combination of

various sociological/behavioural, historical, religious, and cultural factors that lead to
perpetration of domestic violence against women.
 Sociological/Behavioral Factors: Anger issues/aggressive attitude, poverty/economic

hardship, difference in status, controlling/dominating nature, drug addiction,
upbringing, psychological instability (bipolarism, depression, stress, etc.), neglect of
25
conjugal responsibilities due to extra-marital affairs or lack of trust also contributes to

domestic violence.
 Historical Factors: The inherent evil of patriarchy and superiority complex that has
prevailed for centuries among men.
 Religious Factors: A subtle form of domination on women, if not direct and glaring,
reflects in the religious sanctifications.
 Cultural Factors: The desire for a male child. This obsession resulting from the lack of
awareness and inherent male superiority leads to perpetration of domestic violence
against women.
 Dowry: The rampant domestic violence cases resulting from illegal demand of dowry.
Q37. Is there any benefit of filing false cases of domestic violence or 498A in
India?
Domestic Violence cases or cases under IPC Section 498A refer to the cases filed by the wife
or her relatives accusing the husband and his family of cruelty or dowry demands. The case
filed under such a section is non-bailable, non-compoundable and cognizable meaning that that
you cannot secure bail without appearing in the court, the complaint cannot be withdrawn, and
the case has to be registered and investigated. In view of the crimes against women, actions
regarding such cases are taken quickly and the accused are arrested without any prior
investigation.
It means a fake case can be filed against husband and family and they can immediately be
arrested for the same and put behind bars. A typical 498A case runs for 5–7 years and the
accused won't be let out until they are proven not guilty.
In most of the cases, the complaint is settled by out of the court to extort money. The damage
to the accused’s image can be extensive. And even if it is found out that it is a fake case, the
women are let out without much action being taken against them.
In Sushil Kumar Sharma v. Union of India case, the Supreme Court held that the purpose of
the provision is to prevent a threat to the dowry. But as the petitioner rightly satisfied that
many instances have come to light where the complaints are not bonafide and are filed with
oblique motive. In these cases, the acquittal of the accused will not wash out the ignominy
incurred during and before the court in any case. Adverse media attention also contributes to
the situation.
Q38. Discuss the Rights of Coparcener under Hindu Law?
According to the Hindu Succession Act, 1956, an individual who is born in a Hindu Undivided
Family (HUF) has a legal right over his ancestral property. Therefore, he is a coparcener (joint-
heir) by birth. A HUF is an entity where the eldest person of the family and his three generations
26
remain undivided and all family members are coparceners who have a legal right over the
ancestral property by birth. According to the Mitakshara system, the share of the coparceners
is determined by survivorship. This share increases when a person dies in HUF and decreases
with the addition in the family.
The rights of coparcener are as follows:
 Every member of the HUF has the right to enjoy the coparcenary property and has the
right to possession over the property.
 A coparcener is entitled to get the maintenance of the coparcenary property from the
estate of the family.
 According to Hindu Law, if a coparcener misuses the coparcenary property, the other
coparceners can restrain him for any further use or have legal rights over the property.
 Every coparcener, whether young or adult has the right to demand partition of the
family property.
 Although the Karta has the power over the ancestral property, but it does not mean that
he is able to affect the interest or share of the property between the coparceners.
 No one other than the Karta has the power to alienate joint family property.
Q39. What are the provisions of Hindu Marriage Act,1955 regarding

Maintenance and Alimony?
Maintenance is the amount payable by the husband to his wife in case she is unable to maintain
herself either during the subsistence of the marriage or upon separation and divorce. It is often
referred to as “alimony” or a kind of monetary support from the spouse i.e. spousal assistance.
Maintenance should include necessarily include a provision for residence. These matters fall
within the jurisdiction of the Family Courts which are established under the provisions of the
Family Courts Act, 1984. Section 24 and Section 25 of the Hindu Marriage Act,1955 deals
with the provisions of allowing pendente lite and permanent maintenance respectively.
According to Section 25 of the Hindu Marriage Act,1955, the Applicant being either the
husband or wife is entitled to receive his or her maintenance from the spouse in the form of a
gross sum or monthly sum for a term not exceeding the lifetime of the applicant or until the
applicant remarries.
Section 24 of Hindu Marriage Act,1955 deals with temporary maintenance. Temporary

Maintenance is also referred to as maintenance pendente lite which is awarded by the courts
during the continuation of proceedings of the divorce. The purpose is to meet the necessary
and immediate expenses of the spouse who is a party to the proceedings.
27
Q40. A Hindu female is survived by her adopted son, natural born son, and
an illegitimate son. Upon whom her property will devolve and in what Ratio?
Section 15 and Section 16 of the Hindu Succession Act, 1956 deals with devolution of property
of a Hindu female who died intestate.
Adopted son has equal rights as those of natural or biological son. There is no provision for
rights of illegitimate son under the Act.
According to Section 15 of the act, the property of a female Hindu dying intestate shall devolve
according to the rules set out in section 16, (a) firstly, upon the sons and daughters (including
the children of any pre-deceased son or daughter) and the husband.
Thus, the property will get divided into the adopted son and the natural son equally i.e. each of
them will get half the property. The illegitimate son will not get anything from the property.
Q41. Write a short note on Muta Marriage?
The word “muta” literally means “enjoyment, use”. It is a ‘marriage for pleasure’ for a fixed
period of time, also known as temporary marriage. The institution of muta, which was fairly
common in Arabia before and at the time of the prophet, is now not recognized by any school
of Muslim law in India, except the Ithna Ashari Shiite or Shia school.
There are four essentials of muta,
1. Form, i.e., proper contract which means declaration and acceptance.
2. Subject, i.e., a man may contract a muta with a woman professing the Mohammedan,
Christian or Jewish religion or even with a fire- worship. Relations prohibited by
affinity are also unlawful in such marriage;
3. The term, which means that the period of cohabitation should be fixed, which may be
a day, a month, a year or a term of years; and
4. Dower.
When the term and the dower are fixed, the contract is valid. If, however, the term is fixed but
the dower is not specified, the contract is void. Further, if the dower is specified and the term
is not fixed, the contract, though void as muta may operate as a “permanent “marriage.
Q42. Define Iddat its objects and procedures?
When a marriage is dissolved by death or by divorce, the woman is prohibited from marrying
within a specified time. This is known as iddat. It is a period of continence imposed on the
woman. The purpose of iddat is to ascertain whether the woman is pregnant and avoid any
28
confusion as to paternity . If the marriage is dissolved by death, the period commences from
the date of death; in case of divorce, it commences from the death of divorce.
A marriage could be dissolved either by divorce or death of the husband. the period of iddat
in these two situations is as follows
Dissolution of Marriage by Death:
1. in the case of a woman who is pregnant at the time of husband ‘s death the period of
iddat is four months and ten days or until delivery, whichever period is longer .
2. if the woman is not pregnant ,the period is four months and ten days.
Dissolution of Marriage by Divorce:
1. if a woman is subject to menstruation, the period of iddat upon divorce is three courses.
2. if the woman is pregnant at the time of divorce, the iddat lasts until delivery whether it
is less or more than three months, iii) if the woman is not subject to menstruation, it is
tree lunar months.
Q43. Modes of dissolution of marriage in Muslim law.
A valid Muslim marriage can be brought to an end under any of the following circumstances:
 Apostacy: Apostacy means the abandonment or renunciation of a religious or political

belief or principle. Apostacy can be of any spouse, either of the husband or of a wife.
In case apostacy, the marriage can be dissolved under Muslim Marriage Act, 1939.
 Death of any party: Death of any party to the marriage brings an end od matrimonial
bonds.
 Divorce: It may be statutory or non-statutory. Divorce is by any method recognized by

Muslim law.
 Option of Puberty: Under this option, a minor can repudiate his or her marriage in
accordance with the provisions of Muslim Marriage Act, 1939.
 Marriage between parties under absolute prohibitions: If such marriage is

prohibited, then it is void. Under relative prohibitions it is not void but can be modified.
Q44. What are UNICEF publications?
UNICEF is a leading source of information on the situation of children around the world. The
work is grounded in empirical data, rigorous research and thoughtful analysis. Publications are
among the most important tools that UNICEF uses to influence policy discourse and decision-
making on behalf of every child at risk or in need. They also provide vehicles for reporting on
results achieved by UNICEF and its partners.
29
UNICEF’s longest-standing flagship publications are The State of the World’s Children and
the UNICEF Annual Report. Each edition of The State of the World’s Children focuses on a
vital issue or sector affecting children and young people around the globe. This research-based
publication also features statistical tables with the latest available statistics on child survival,
development and protection in every country, territory and region. The UNICEF Annual
Report spotlights results for children achieved by UNICEF and its partners across multiple
sectors each year, along with financial data and donor recognition.
Specialized UNICEF divisions and offices, disseminate reports reflecting technical expertise
in child-centred practice and policy, such as on social inclusion, policy and budgeting.
Q45. What is Adultery? What is the punishment for Adultery in India?
According to Section-497 of Indian penal code, “Whoever has sexual intercourse with a person
who is and whom he knows or has reason to believe to be the wife of another man, without the
consent or connivance of that man, such sexual intercourse not amounting to the offence of
rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both. In such case,
the wife shall not be punishable as an abettor.”
Throughout the world, the female committing an adulterous act is also liable for punishment
but Indian women are an exception for adultery laws and they cannot be punished under the
law for committing adultery. The wife is not guilty of offence, not even as an abettor to the
crime. The case can be filed by the husband of the female partner against the man with whom
she had adulterous liaison (not against his wife) stating that he illegitimately intimidated and
lured his wife into the relationship.
Q46. Comment on this Statement- Adultery is not a Crime.
These laws were passed in 1860 during the British era and at that time the social status of
women in India was pitiable. They were not independent economically and were considered as
30
an object. The structure of the society was a lot different from what its today and several social
evils were prevalent during those days. Polygamy, child marriages and sati system were
common and since women were observed as a property of men, it was their utmost duty to
safeguard their property. Women were subjugated and exploited by men and this led to the
framing of such laws which punished only men which must be the seducer and women were
not considered wrongful.
Although, considering today’s times, the scenario of the society has changed and women are
socially and financially independent and they may be the seducer and not always victim or
innocent. This customary law does not seem to be in consonance with the recent times and
doesn’t apply equally to both the genders.
Q47. How is "stalking" defined legally? And what can be done about
stalkers?
Whoever monitors the use by a person of the internet, email or any other form of electronic
communication that results in a fear of violence, or interferes with the mental peace of such
person, commits the offence of stalking. Cyberstalking is a criminal practice where an
individual uses the Internet to systematically harass or threaten someone. In this tort, the victim
is followed and pursued online. This crime can be perpetrated through email, social media, chat
rooms, instant messaging clients and any other online medium. The harasser may be a stranger
or a neighbour or a relative or a person having acquaintance. In this crime, the harasser may
obtain personal details like telephone and then start harassing physically. The law in India is
still inadequate in this respect.
The victims of cyberstalking should take the following steps:
 For minors, inform parents or a trusted adult
 File a complaint with the cyberstalker's Internet service provider
 Collect evidence, document instances and create a log of attempts to stop the
harassment
 Present documentation to local law enforcement and explore legal avenues
 Get a new email address and increase privacy settings on public sites
 Purchase privacy protection software
 Request removal from online directories
 Never agree to meet the stalker in person.
 Do not accept the request on social media till confirmation.
31
Q48. What offences are covered under the Domestic Violence Act?
Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines the term
'Domestic Violence' as follows:
For the purposes of this Act, 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 expression “Domestic Violence” has been defined in sec 3 of the Act. It is very
comprehensive. It embraces wide range of wrongs. Roughly it includes physical injury, mental
harm, sexual harassment, economic exploitation, emotional abuse and many acts of
commissions and omissions rooted in gender discrimination, inequality, subordination and
injustice.
Q49. Can a Medical Officer refuse to render medical assistance if the

aggrieved woman comes directly, without the Protection Officer?
The Medical Officer cannot refuse to provide treatment in emergency cases. He cannot insist
on Prior filing of FIR with the police and then start treatment. First, immediate treatment or
first aid must be given and then it is the duty of the Medical Officer to inform the police /
Protection Officer about the possible domestic violence or unnatural injuries suffered by the
victim. A Medical Officer attending the case is expected to exercise a reasonable prudent
physician standard of care and offer that much of help as is possible under the circumstances.
According to Section 2(n) of the Act, “Protection Officer” means an officer appointed by the
State Government under sub-section (1) of section 8 of the Act. According to Section 4 of the
Act, any person who has reason to believe that an act of domestic violence has been, or is being,
or is likely to be committed, may give information about it to the concerned Protection Officer.
The protection Officer helps to get the aggrieved person medically examined, if she has
sustained bodily injuries and forward a copy of the medical report to the police station and the
Magistrate having jurisdiction in the area where the domestic violence is alleged to have been
taken place.
32
Q50. Write a short note on the National Commission for Women.
The National Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd
May 1990. The National Commission for Women was set up on 31st January 1992 under the
National Commission for Women Act, 1990 as Jayanti Patnaik as the chairperson. This body
was established to review the constitutional and legal safeguards for women. It recommends
the remedial legislative measures, facilitates redressal of grievances and advises the
government on all policy matters affecting women. It enjoys all the powers of a civil court.
The Commission must consist of a minimum number of members which includes a

chairperson, a member secretary, and the other five members. Section 3 of the National
Commission for Women Act, 1990 deals with the constitution of the National Commission for
Women. Section 4 of the National Commission for Women Act, 1990 deals with the
constitution of the term of office and conditions of service of Chairperson and Members of the
commission.
safeguards

Union or any State.

33


and State.

Q51. What is the Minimum Age Convention?
The International Labour Organisation (the ILO) has regulated child labour through
the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such
conventions aim at the reduction and eventual elimination of harmful labour practices.
The Minimum Age Convention (No. 138) was adopted in 1973 and became effective in June
1976. This Convention revised industry-specific conventions that had been adopted after
1919. Previous minimum-age conventions had applied to certain occupational groups only or
to certain sectors of the economy, such as agriculture, industry, and underground work, but this
particular Convention was intended to have application in all spheres of economic activity. The
Convention requires State Parties specify a minimum age for labour as a mechanism to abolish
child labour. The minimum age specified by the Convention is 15 years, however, State Parties
are allowed to set 14 years as a minimum age if restricted to a certain amount of time. The
Convention allows younger children (<15 years) to engage in light labour. The Committee of
Experts is responsible for monitoring and supervising the effective implementation of the
Convention. State Parties must submit a report which reflects on the status of implementation
every three years. The Minimum Age Convention is part of the 15 core conventions covered
under the GSP regulation.
After the ratification of the convention, many countries have adopted domestic laws prohibiting
harmful labour and child labour. The aim of the Minimum Age Convention was the progressive
eradication of child labour.
34
Q52. Which type of ceremony is important for legalizing Christian

marriage?
According to The Indian Christian Marriage Act of 1872, the following are required to be
fulfilled to constitute a valid marriage. The marriage must be performed in the presence of a
person licensed to grant a certificate of marriage and at least two reliable witnesses.
Under the Indian Christian Marriage Act, a Christian Marriage is performed between the parties
to the marriage with accordance to the rituals which is considered to be essential and proper by
the Minister or the Priest designated to perform the wedding. The presence of two eligible
witnesses other than the minister or the priest performing the marriage is a mandatory
requirement at the marriage ceremony. A marriage cannot be performed if it is not performed
within two months from the issuance of the certificate of notice. In such a case, a new certificate
of notice has to be applied for and issued to solemnise the marriage.
Christian marriage can be Solemnized only between time interval of 6am to 7 pm. The
marriage only solemnized at a church where worship is Generally held in a form of church of
England as permitted by Sec. 11 to Clergyman of the church. Otherwise if there is no Church
within a 5 miles distance then special license is permitted to the clergyman to solemnize the
marriage at any other places.
Q53. Discuss the constitutional validity of restitution of conjugal rights with

the help of leading case law.
Section 9 of the Hindu Marriage Act (HMA), 1955 and Section 22 of the Special Marriage Act
(SMA), 1954 provides for restitution of conjugal rights which states that if a husband or a wife
has withdrawn from the society of the other without any reasonable excuse, then, the aggrieved
party can file a petition before the District Court for restitution of conjugal rights i.e. to bring
the spouse back to live with the other spouse. The court may grant a decree of conjugal rights
if it is satisfied that the petition is based on truth and there is no legal ground for dismissing the
petition.
Section 9 has always been in controversy regarding its constitutional validity. In the case of T.
Sareetha v. T. Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as
unconstitutional for being violative of the right to privacy and human dignity guaranteed
under Article 21 of the Constitution of India. Justice P.A. Choudhary observed that Section 9
is the grossest form of violation of the right to privacy. Forcing a spouse to have sexual relations
with her spouse deprives her of the right to control her own body. The state cannot coerce a
spouse to prolong the voluntary union of her with her spouse in their relationship. The state by
coercion can neither soften the ruffled feelings between a couple nor can it clear the
misunderstanding between them. The judge even observed that Section 9 is not promoting any
public purpose, rather it is violative of right to equality under Article 14 of the Indian
Constitution as well.
35
Q54. What are the Four core principles of the Convention on the Rights of
the Child?
Non-Discrimination: One general principle as identified by the committee on the rights of the
child is that all children should enjoy their rights and should never be subjected to any
discrimination. The obligation to provide equality of opportunities among children is expressed
in Article 2.
Best Interests of the Child Children: Best interests of the child Children, especially when
they are very young, are vulnerable and need special support to be able to enjoy their rights
fully. The principle of the best interest of the child, formulated in Article 3:1
The Right to Survival and Development: The principle most directly related to children's
economic and social rights is formulated in the right to life article. The article goes further than
just granting children the right not to be killed; it includes the right to survival and development
which is formulated in Article 6:2
The Views of the Child: A crucial dimension of the convention is expressed through another
principle, the one about respecting the views of the child. In order to know what is actually in
the interest of the child it is logical to listen to him or her. The principle is formulated in Article
12:1.
These four principles contribute to a general attitude towards children and their rights. They
are based on the notion that children too are equal as human beings.
Q55. Write a short note on Movement towards Uniform Civil Code
A Uniform Civil Code means that all sections of the society irrespective of their religion shall
be treated equally according to a national civil code, which shall be applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession
of the property. It is based on the premise that there is no connection between religion and law
in modern civilization.
code throughout the territory of India. Thus the Uniform Civil Code (UCC) calls for the
formulation of one law for India, which would be applicable to all religious communities in
matters such as marriage, divorce, inheritance, adoption. However, Article 37 of the
Constitution itself makes it clear the Directive Principles of State Policy “shall not be
enforceable by any court”. Nevertheless, they are “fundamental in the governance of the
country”. This indicates that although our constitution itself believes that a Uniform Civil Code
should be implemented in some manner, it does not make this implementation mandatory.
36
Need of UCC:
 Protection to Vulnerable Section of Society; .
 Simplification of Laws;
 Adhering to Ideal of Secularism; and
 Gender Justice
The demand for a uniform civil code has been framed in the context of communal politics. A
large section of society sees it as majoritarianism under the garb of social reform. Article 25 of
Indian constitution, that seeks to preserve the freedom to practise and propagate any religion
gets into conflict with the concepts of equality enshrined under Article 14 of Indian
Constitution.
Q56. Define "Children’s Home" under “The Juvenile Justice Act”.
According to Section 2(e) of the Juvenile Justice (Care and Protection of Children) Act, 2000,
"children's home" means an institution established by a State Government or by a voluntary
organisation and certified by that Government under section 34 of the Act.
Under Section 50 of the Act,
(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.
Q57. What are the matters considered by the court in the appointment of a
Guardian?
Section 4 Clause (b) of the Hindu Minority and Guardianship Act, 1956, says “guardian” means
a person having the care of the person of a minor or of his property or of both his person and
property.
Section 17 of the Guardians and Wards Act, 1890 deals with the matters to be considered by
the Court in appointing a guardian. In determining as to what will be for the welfare of the
minor, the age, the sex, personal laws, the character and capacity of the guardian, his nearness
of kin to the minor, the wishes (if any) of the minor’s deceased parent and previous and existing
37
relations of the minor with the proposed guardian. If the minor is old enough to form an
intelligent preference, the Court may also consider such preference.
The term ‘welfare’ should be understood in a very wide sense and includes not only the material
and physical wellbeing of the minor but every factor connected with the moral and religious
welfare, education and upbringing of the minor.
Q58. What is law relating to Child Labour?
The Mines Act of 1952: Mining being one of the most dangerous occupations, the Act
prohibits the employment of children below 18 years of age in a mine.
The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations identified in a list
by the law
The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a
crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous
employment or in bondage.
The Right of Children to Free and Compulsory Education Act of 2009: The law mandates
free and compulsory education to all children aged 6 to 14 years. This legislation also mandated
that 25 percent of seats in every private school must be allocated for children from
disadvantaged groups and physically challenged children.
Other Acts are:
1. Indian Stem Vessel Act, 1917
2. The Children Pledging of Labour Act, 1933
3. Employment of ChildrenAct, 1938
4. Merchant Shipping Act, 1958
5. Motor Transport Workers Act, 1961
6. Beedi and Cigarette Workers (Conditions of Employment) Act, 1966
7. Contract Labour (Regulation and Abolition) Act, 1970
Q59. What are the constitutional provisions relating to Child Education?
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the
Constitution of India to provide free and compulsory education of all children in the age group
of six to fourteen years as a Fundamental Right in such a manner as the State may, by law,
determine.
38
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act
incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than
a child who has been admitted by his or her parents to a school which is not supported by the
appropriate Government, shall be liable to pay any kind of fee or charges or expenses which
may prevent him or her from pursuing and completing elementary education. ‘Compulsory
education’ casts an obligation on the appropriate Government and local authorities to provide
and ensure admission, attendance and completion of elementary education by all children in
the 6-14 age group. With this, India has moved forward to a rights based framework that casts
a legal obligation on the Central and State Governments to implement this fundamental child
right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of
the RTE Act.
In the case of Mohini Jain v. State of Karnataka, 1992, (1992) 3 SCC 666, and Unnikrishnan
v. State of Andhra Pradesh, 1993, (1993) 1 SCC 645, it was contested that the right to education
must be a fundamental right. Until then right to education was included as a non-enforceable
right under the Directive Principles of State Policy. The Supreme Court held that the right to
life includes the right to education and incorporated it as a fundamental right under Art. 21-A.
Q60. Describe the "Juvenile Justice Board".
Section 4 of the Juvenile Justice Act of 2000 deals with the establishment and constitution of
the council and also empowers the state government to establish a juvenile justice board for a
district or group of districts. A child who has committed an offence may be brought before a
member of the board if the board is not chaired in accordance with Section 5(2). Section
6(1) conferred on the Commission exclusive powers under the 2000 Juvenile Law in Conflict
with the Law Act to hear all court proceedings.
The Juvenile Justice Council (JJB) is headed by a senior magistrate. He has exclusive
jurisdiction to deal with juvenile cases. The magistrate of the Commission for Juvenile Justice
is a magistrate “who should be a metropolitan magistrate or a first class magistrate with special
knowledge in child psychology and child protection”. In the juvenile justice commission, two
members are social workers, one of whom must be a woman.
The member of the juvenile justice council may be dismissed after an investigation by the state
government for the following reasons:
 If he has been found guilty of misuse of power under this Act, or
 He/she has been convicted of an offence involving moral turpitude, and this conviction
has not been reversed or he/she has not been totally pardoned for this offence, or
 He fails to attend Board proceedings for three consecutive months without cause or fails
to attend at least three-quarters of the meeting in one year.
39
Q61. Write short note on "International Labour Organization".
The International Labour Organization (ILO) is a UN specialized agency which seeks the
promotion of social justice and internationally recognized human and labour rights. The ILO
was founded in accordance with Part XIII of the Treaty of Versailles, commonly called the
Labour Section on April 19, 1919, by the Peace Conference as an autonomous body associated
with the League of Nations. It became the first specialized agency of the United Nations in
1946. In fact, ILO is the only international organisation that survived the Second World War
even after the dissolution of its parent body ‘the League of Nations’.
The ILO has the following principle strategic objectives:
 to promote and realize standards and fundamental principles and rights at work;
 to create greater opportunities for women and men to secure decent employment;
 to enhance the coverage and effectiveness of social protection for all;
 to strengthen tripartism and social dialogue.
These objectives are realized in a number of ways:
 formulation of international policies and programmes to promote basic human rights,

improve working and living conditions, and enhance employment opportunities;
 creation of international labour standards in the form of Conventions and

Recommendations, backed by a unique system to supervise their application;
 an extensive programme of international technical cooperation;
 training, education, research, and publishing activities to help advance all of these
efforts.
187 Conventions and recommendations on social and labour issues have been adopted since
1919. ILO Headquarters are located in Geneva, Switzerland. Being an original signatory of the
treaty of peace, India became a member of ILO in 1919.
Q62. What is "Domestic Violence"?
40
The expression “Domestic Violence” has been defined in see 3 of the Act. It is very
injustice.
Q63. A Hindu wife "X" wants to live separately from her husband "Y",
without taking a divorce, on account of cruelty. Advise her.
She can ask for judicial separation from husband under Section 10 of the Hindu Marriage Act,
1955. Either party to the marriage, whether solemnized before or after the commencement of
the Hindu Marriage Act, 1955 can under Section 10 of the Act, file a petition for judicial
separation. After a decree is passed in favour of the parties, they are not bound to cohabit with
each other. It is a temporary suspension of marital rights between the spouses. The parties
remain husband and wife. Thus, in judicial separation, the marriage subsists.
Judicial separation can be allowed only if the marriage is valid. If the parties want to resume
cohabitation, an order of the court rescinding the decree will be necessary. Generally, the court
will rescind the decree whenever parties ask for it. If the cohabitation is not resumed for a
period of one year or more after the passing of the decree of judicial separation, any party may
apply for divorce under Section 13 (1-A) (i) of the Hindu Marriage Act, 1955.
After a decree is passed in favor of the parties,
 They are not bound to cohabit with each other;
 They are entitled to separate from each other and all basic marital obligations remain
suspended;
 Marital intercourse no longer remain enforceable;
 Marital obligations and rights are not available to them;
 They cannot remarry during the period of separation;
41
 Either party may be entitled to get maintenance from the other if the situation so
warrants.
 If any of them remarries, he or she will be guilty of bigamy.
 In the event of one of the parties dying, the other party will inherit the property of the
deceased spouse. (Narasimha Reddy and others v. M. Boosamma AIR 1976 AP 77)
Q65. Meena is working as a clerk in a government office. The office manager,

Rajesh, keeps threatening her that unless she agrees to do some sexual favour
to him, she will lose her job. Advise Meena on what remedies she can ask for.
following:
Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act 2013, she can register a complaint. The Section lays down that any
aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the
Internal Committee if so constituted, or the Local Committee, in case it is not so constituted,
within a period of three months from the date of incident and in case of a series of incidents,
within a period of three months from the date of last incident
42
Q70. Explain in short property rights of women.
Hindus:
Section 14(1) of the Hindu Succession Act, 1956 explicitly declares the law that a female holds
all property in her possession whether acquired by her before or after the commencement of
the Act as an absolute owner and not as a limited owner. The rule applies to all property
movable and immovable howsoever and whenever acquired by her, but subject to the
qualification mentioned in Subsection (2).
According to sub-section 14(2) of the Act, the female Hindu does not become absolute owner
of the property acquired by gift, will or any other instrument, decree or order of a Civil Court
or an award if such gift, will or instrument, decree, order or award gives her only restricted
right.
A Hindu woman has the same right to her deceased parents' property as that of a Hindu male.
Similarly, there is no distinction between the rights of a man and a woman, when it comes to
the inheritance of property from a deceased parent. In fact, a woman, being the mother, is
entitled to an equal share as the wife and children of her son who has died intestate.
Muslims:
A Muslim woman governed by the Muslim Personal Law, is entitled to get 1/8th share of her
husband's property if the couple had children, else she gets 1/4th share. When the parents of a
Muslim woman die, even daughters become the rightful legal heirs of their estate. However,
the quantum of the share of a female heir is half of that of the male heirs.
Christians:
In case of Christians, Parsis and Jews, the Indian Succession Act, 1925 is applicable. A
Christian woman is entitled to a pre-determined share.
Parsi:
A Parsi widow is entitled to get an equal share as her children besides the deceased's parents
who get half of the child's share, in her husband's estate. And in the absence of the parents, the
property is distributed between the Parsi woman and her children, so that the widow and each
child receive equal shares in the estate of the deceased.
Q71. What is Maternity Benefit?
43
benefits.
Cash Benefits
Non Cash Benefits/Privilege:

maternity leave.
employer.
Q72. State any three functions of Human Rights Commission.
Section 12 of the Protection of Human Rights Act, 1993 deals with the functions of the National
Human Rights Commission. According to this section the Commission shall perform all or any
of the following functions:
 Inquire, Suo moto, or on a petition presented to it by a victim or any person on his

behalf or on a direction or order of any court into complaint of (i) violation of human
rights or abetment thereof; or (ii) negligence in the prevention of such violation by a
public servant;
44
 Intervene in any proceeding involving any allegation of violation of human rights

pending before a court with the approval of such Court;
 Visit, notwithstanding anything contained in any other law for the time being in force,
any jail or other institution under the control of the State Government, where persons
are detained or lodged for purposes of treatment, reformation or protection, for the study
of the living conditions of the inmates thereof and make recommendations thereon to
the government.
 Review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human rights and recommended measures for their
effective implementation.
 Review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommended appropriate remedial measures.
 Study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
 Undertake and promote research in the field of human rights.
 Spread human rights literacy among various sections of society and promote awareness
of the safeguards available for the protection of these rights through publications, the
media, seminars and other available means.
 Encourage the efforts of non-governmental organisations and institutions working in

the field of human rights.
 Such other functions as it may consider necessary for the promotion of human rights.
Q73. Write short note on 'Reservation of seats for women in Panchayat'
Decentralising power at the grassroots; level was on the national agenda for many years. It
became a reality through the 73rd and 74th amendments to the Constitution in April 1993. The
73rd amendment, among other things, handed over the reins of power to the people at the
panchayat level with a 33 per cent reservation of certain seats and key positions within the
panchayat to women. The amendment also made it mandatory for all states to hold gram
panchayat and municipal elections and empowered these bodies to undertake development
activities at the local level. Some states like Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand,
Kerala, Maharashtra, Orissa, Rajasthan, Tripura and Uttarakhand had made legal provision for
50% reservation for women among members and Sarpanches.
Panchayat’, being “Local government”, is a State subject and part of State list of Seventh
Schedule of Constitution of India. Clause (3) of Article 243D of the Constitution ensures
participation of women in Panchayati Raj Institutions by mandating not less than one- third
reservation for women out of total number of seats to be filled by direct election and number
45
of offices of chairpersons of Panchayats. Now that women's participation in panchayats is

slowly and surely making an impact on grassroots governance, it can be said that the
foundations have been laid to extend this social revolution to all levels of decision - making.
Q74. Explain aims and objectives of Dowry Prohibition Act.
Objects of Dowry Prohibition Act:
of women. To actively work for creating a dowry free society without adversely
affecting the institution of marriage, family structure, and implication of innocents, the
Dowry Prohibition Act, 1961 was enacted.
 The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with
an objective to prohibit presenting, obtaining or demanding dowry by any means from
either of the party to the marriage.
Q75. State the objects of Medical Termination of Pregnancy Act.
On the basis of the Shantilal committee report submitted in December 1966, a medical
46
Q76. Explain Restrain of Child Marriage
Child Marriage Restrain Act, 1929:
According to the Act, "Child" means a person who, if a male, has not completed twenty-one
year of age, and if a female, has not completed eighteen years of age. "Child marriage" means
a marriage to which either of the contracting parties is a child.
 According to Section 3 of the Act, whoever, being a male above eighteen years of age
and below twenty-one, contracts a child marriage shall be punishable with simple
imprisonment which may extend to fifteen days, or with fine which may extend to one
thousand rupees, or with both.
 According to Section 4 of the Act, whoever, being a male above twenty-one years of
age, contracts a child marriage shall be punishable with simple imprisonment which
may extend to three months and shall also be liable to fine.
 According to Section 5 of the Act, whoever performs, conducts or directs any child
marriage shall be punishable with simple imprisonment which may extend to three
months and shall also be liable to fine unless he proves that he had reason to believe
that the marriage was not a child-marriage.
 According to Section 6 of the Act, where a minor contracts a child marriage, any person
having charge of the minor, whether as parent or guardian or in any other capacity,
lawful or unlawful, who does any act to promote the marriage or permits it to be
solemnised, or negligently fails to prevent it from being solemnised, shall be punishable
with simple imprisonment which may extend to three months and shall also be liable to
fine.
Q77. Explain - Need for Uniform Civil Code.
Need of UCC:

47

Q78. Explain – Sexual Harassment of women at Workplace
following:

Q79. What is difference between dowry and stridhan?
Dowry is different from Stridhan in various ways, although both the concepts would come into
the picture at the time of marriage.
48
The term “Stridhan” literally means the “woman’s property”. According to the Smritika, the
Stridhan constituted those properties which she received by way of gifts from her relatives,
which included mostly movable property such as ornaments, jewellery, dresses. Sometimes
even land or property or even houses were given as gifts. The purpose behind deeming
properties as “Stridhan” was to ensure that "The woman" had full right over its disposal or
alienation. On her death, all types of Stridhan, devolved upon her heirs. The Dowry Prohibition
Act 1961 does not bar traditional giving of presents at or about the time of wedding.
of women. Under the Dowry Prohibition Act, 1961, taking dowry is punishable offence.
 Shridhan is a gift from her relatives to the bride, while dowry is a demand of valuable
property by relatives of the groom from relatives of the bride.
Q80. Name any three functions of the National Commission of Women
safeguards

Union or any State.
49

Q81. Discuss in detail the provisions of Maintenance of wife and children

under the Adoption and Maintenance Act, 1956.
Maintenance of wife (Section 18):
1. Subject to the provisions of this section, a Hindu wife, whether married before or after
the commencement of this Act, shall be entitled to be maintained by her husband during
her lifetime.
2. A Hindu wife shall be entitled to live separately from her husband without forfeiting
her claim to maintenance:-
 if he is guilty of desertion, that is to say, of abandoning her without reasonable

cause and without her consent or against her wish, or of wilfully neglecting her;
 if he has treated her with such cruelty as to cause a reasonable apprehension in

her mind that it will be harmful or injurious to live with her husband;
 if he is suffering from a virulent form of leprosy;
 if he has any other wife living;
 if he keeps a concubine in the same house in which his wife is living or

habitually resides with a concubine elsewhere;
 if he has ceased to be a Hindu by conversion to another religion;
 if there is any other cause justifying her living separately.
3. A Hindu wife shall not be entitled to separate residence and maintenance from her
husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
Maintenance of children and aged parents (Section 20):

1. Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to
maintain his or her legitimate or illegitimate children and his or her aged or infirm
parents.
2. A legitimate or illegitimate child may claim maintenance from his or her father or
mother so long as the child is a minor.
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3. The obligation of a person to maintain his or her aged or infirm parent or daughter who
is unmarried extends in so far as the parent or the unmarried daughter, as the case may
be, is unable to maintain himself or herself out of his or her own earnings or other
property Explanation- In this section "parent" includes a childless stepmother.
Q82. Discuss in detail about Guardianship under the Muslim Personal Law.
A person who is authorized underneath the law to guard the person or property of a minor is
called a guardian. Under Muslim law, guardians are needed for the aim of a wedding, for
protecting the minor’s person and for protecting the minor’s property.
The guardianship of a child means that overall oversight of the kid throughout its minority.
Father or his executor or in his absence, the paternal grandfather, being the natural guardian, is
in charge of the minor’s person. On the opposite hand, ‘custody of the child’ simply means a
physical possession (custody) of the child upon a certain age.
Although the mother is not the natural guardian of the child under Muslim law, she has a right
to the custody of the child, until the child attains a specific age. But the father or the paternal
grandfather encompasses control over the minor throughout the complete interval of the
minority.
Muslim law recognizes the following kind of guardianship:
1. A natural or legal guardian
2. Testamentary guardian
3. Guardian appointed by courts or statutory guardian
4. De-facto guardian
Q83. Discuss fully the provisions of the Maternity Benefits Act, 1961
benefits.
Cash Benefits
51
Non-Cash Benefits/Privilege:

maternity leave.
employer.
Q84. Explain with case laws- Sexual Harassment of the women at workplace.
following:
52
Q85. Discuss in detail about Adultery and Rape.
Adultery:
According to Section 497 of Indian Penal code (IPC) 1860, “Whoever has sexual intercourse
with a person who is and whom he knows or has reason to believe to be the wife of another
man, without the consent or connivance of that man, such sexual intercourse not amounting to
the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment
of either description for a term which may extend to five years, or with fine or with both. In
such a case, the wife shall not be punishable as an abettor”.
In 2018 section 497 was struck down by Supreme Court in the case Joseph Shine v. Union of
India unanimously by the constitutional bench
Rape:
Section 375 of IPC defines the term “Rape” as follows:
A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual
intercourse with a woman under circumstances falling under any of the six following de-
scriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — 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.
(Fourthly) —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.
(Fifthly) — 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.
(Sixthly) — With or without her consent, when she is under sixteen years of age.
53
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the

offence of rape.
Exception: Sexual intercourse by a man with his own wife, the wife not being under fifteen
years of age, is not rap
Section 376 of IPC deals with punishment for the offence of rape.
Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished
with imprisonment of either description for a term which shall not be less than seven years but
which may be for life or for a term which may extend to ten years and shall also be liable to
fine unless the women raped is his own wife and is not under twelve years of age, in which
cases, he shall be punished with imprisonment of either description for a term which may
extend to two years or with fine or with both: 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 seven years.
Whoever commits gang rape, shall be punished with rigorous imprisonment for a term which
shall not be less than ten years but which may be for life and shall also be liable to fine
Q86. Discuss in detail with the help of case law about the Minor’s agreement.
According to Section 11 of the Indian Contract Act, every person is competent to contract who
is of the age of majority according to the law to which he is subject, and who is of sound mind
and is not disqualified from contracting by any law to which he is subject. According to the
recent amendment in the Indian Majority Act, a minor is one who has not completed 18
(eighteen) years of age irrespective of whether or not a guardian has been appointed for the
minor.
 According to the Indian Contract Act 1872, section 11, a minor cannot be party to the
contract, in other words, the agreement with a minor is void ab initio (from the start).
 Minor's agreement being absolutely void, neither party acquire any right, or incurs any
liability, under the agreement.
In Mohiri Bibi v Dharmodas Ghose (1903) 30 Cal. 539 (P.C.), the court (privy council) held
that the agreement is void ab initio because of the fact that it is made with a minor. Hence the
property was conveyed to the defendant and the money advanced to the defendant was allowed
to keep with him.
Q87. Discuss the main objective of “Juvenile Justice (Care and Protection)
Act, 2000
The following are the objectives of the Juvenile Justice (Care and Protection of Children) Act,
2015.
54
 To lay down the basic principles for administering justice to a juvenile or the child in
the Act;
 To make the juvenile justice system meant for a juvenile or the child more appreciative
of the developmental needs in comparison to the criminal justice system as applicable
to adults;
 To bring the juvenile law in conformity with the United Convention on the Rights of
the Child;
 To prescribe a uniform age of eighteen years for both boys and girls;
 To ensure speedy disposal of cases as enshrined under Article 21 of the Constitution of

India by the authorities envisaged under this Act regarding juvenile or the child within
a time limit of four months;
 To spell out the role of the State as a facilitator rather than doer by involving voluntary
organizations and local bodies in the implementation of the proposed legislation;
 To create special juvenile police units with a humane approach through sensitization
and training of police personnel;
 To enable increased accessibility to juvenile or the child by establishing Juvenile Justice

Boards and Child Welfare Committees and Homes in each district or group of districts;
 To minimize the stigma and in keeping with the developmental needs of the juvenile or
the child, to separate the Act into two parts—one for juveniles in conflict with the law
and the other for the juvenile or the child in need of care and protection;
 To provide for effective provisions and various alternatives for rehabilitation and social
reintegration such as adoption, foster care, sponsorship, and aftercare of abandoned,
destitute, neglected, and delinquent juvenile and child.
 To allow juveniles between the age group of 16-18 years to be tried as adults for heinous
offenses.
Q88. Write in detail about the status of the women in pre-independence India
and trace some of the historical events which led to the improvement of their
status.
The British came to India in 1600 A. D. For nearly 200 years in their East India company
incarnation there were no real efforts made to address questions of social inequality or social
oppression. The need for cheap labour and exploitation of natural resources were at the core
of the imperial economy and it did not initially touch upon the social scene. Hence social evils
such as sati, suppression of widow, denial of the right to education for women, and child
55
marriage flourished unchecked. At the advent of the British rule, the position of women in India
was at its lowest ebb.
women. These reformers attacked only those practices that were extremely cruel or visibly
violent (affecting only high caste Indian women). They rarely challenged the kinship structures
of women's subordination, sanctity of marriage and family, the sexual division of labour, and
caste hierarchies which perpetuated inequalities. Women reformers like Pandita Ramabai,
Rukhmabai, and Tarabai Shinde pointed out the biases of their contemporary male
reformers. PanditaRamabai began the movement that put emphasis upon the freedom of
women within the Indian society. During this period, there were many ladies, who mastered
the art of martial arts.
The Sati (Abolition) Act, of 1829 is considered a great achievement of the reformist movement.
There is an economic reason for the prevalence of widow immolation. Sati effectively prevents
the inheritance by widows. The Widow Remarriage Act, 1856 was recognized by law in
1856. The Child Restriction Act, 1929, and The Woman Property Right Act, 1937 were some
Acts passed during this period which helped in the social reformation in India. The Dissolution
of Muslim Marriage Act 1939 gave to a Muslim wife the right of judicial separation from her
husband that was denied to her earlier.
In spite of some reforms, the status of women within the society was in an underprivileged
state. They were not having any right to claim success in the property of their own family
members. Therefore, as far as property matters are concerned, the position of women was not
given recognition, as they were not given any inheritance rights. They were dependent upon
the male members of the family for fulfilling all their needs and requirements.
Woman's participation in India's freedom struggle began as early as in 1817. Bhima Bai Holkar
fought bravely against the British colonel Malcolm and defeated him in guerilla warfare. Many
women including Rani Channama of Kittur, Rani Begam Hazrat Mahal of Avadh fought
against the British East India company in the 19th century. Rani Lakshmibai was the great
warrior of the First War of Indian Freedom. She showed the embodiment of patriotism, self-
respect, and heroism. Sarla Devi, Muthulaxmi Reddy, Susheela Nair, Rajkumari Amrit Kaur,
Sucheta Kripalani, and Aruna Asaf Ali were some of the women who participated in the non-
violent movement. Samiti, Suniti, Bina Das, Kalpana Dutta, and Preetilata Waddedar are well-
known women revolutionaries.
56
Q89. Discuss in detail with the help of case laws about the Restitution of the
Conjugal Rights under the Hindu Marriage Act, 1955.
Section 9 of the Hindu Marriage Act (HMA), 1955 and Section 22 of the Special Marriage Act
(SMA), 1954 provides for restitution of conjugal rights which states that if a husband or a wife
has withdrawn from the society of the other without any reasonable excuse, then, the aggrieved
party can file a petition before the District Court for restitution of conjugal rights i.e. to bring
the spouse back to live with the other spouse. The court may grant a decree of conjugal rights
if it is satisfied that the petition is based on truth and there is no legal ground for dismissing the
petition.
Conditions for acquiring Decree of Restitution of Conjugal right:
1. The other spouse has withdrawn from the society of the petitioner.
2. There is no reasonable excuse for such withdrawal. Should the respondent allege
reasonable excuse, the burden of proof lies on him/her.
3. The court satisfied as to the truth of the statements made in the petition.
4. No legal grounds exist for refusing the decree.
Section 9 has always been in controversy regarding its constitutional validity. In the case of T.
Sareetha v. T. Venkata Subbaiah, the High Court declared Section 9 of the HMA, 1955 as
unconstitutional for being violative of the right to privacy and human dignity guaranteed
under Article 21 of the Constitution of India. Justice P.A. Choudhary observed that Section 9
is the grossest form of violation of the right to privacy. Forcing a spouse to have sexual relations
with her spouse deprives her of the right to control her own body. The state cannot coerce a
spouse to prolong the voluntary union of her with her spouse in their relationship. The state by
coercion can neither soften the ruffled feelings between a couple nor can it clear the
misunderstanding between them. The judge even observed that Section 9 is not promoting any
public purpose, rather it is violative of right to equality under Article 14 of the Indian
Constitution as well.
Q90. Discuss in detail about the establishment, jurisdiction, powers and

functions of the family court.
Family courts are specialized courts that were established with the goal of preserving the
welfare of the family through the use of a multi-disciplinary approach to resolving family
problems within the framework of the law.
Establishment of Family Court:
Section 3 of the Family Courts Act, 1984, lays provision for the establishment of one Family
Court. The State must establish a Family Court for every area in the State comprising a city or
town whose population exceeds one million in consultation with the High Court by giving
notification in Official Gazette. Similarly, the State Government, after consultation with the
High Court, must specify, by notification, the local limits of the area to which the jurisdiction
57
of such Court shall extend and may, at any time, increase, reduce or alter such limits. State
Government can establish Family Court for other areas in the State as the State Government
may deem necessary.
Jurisdiction of Family Court:
Section 7 of the Family Courts Act, 1984 deals with the Jurisdiction of Family Courts in India.
It was decided that all matters related to the family, such as separation, divorce, alimony and
maintenance, custody, guardianship, education and financial support to children, etc. should
fall under the jurisdiction of the family court.
Powers of Family Court:
1. Family Court shall be deemed to be a civil Court (except for proceedings relating to
Maintenance of wives, children and parents relating to the Code of Criminal Procedure)
2. Family Court is allowed to consider any evidence if it aids effectively in dealing with
a dispute despite its admissibility under the Indian Evidence Act of 1872.
3. Judge of a Family Court has the power to order for recording the oral evidence given
by a witness.
4. Family Court judge may summon and examine any person who is part of an affidavit
submitted in the court as any form of evidence.
Functions of Family Court:
1. The family Court shall make an endeavor to assist and persuade the parties in arriving
at a settlement. If the Court feels that there is a reasonable possibility of a settlement
the Court may adjourn the proceedings for such period as it thinks fit to enable attempts
to be made to arrive at a settlement.
2. The Court shall record what the witness deposes and the memorandum shall be signed
and form a part of a record.
Q91. Somkuwar committed sati at Rampur. People of Rampur worship her

and build a temple of sati. a. What are the provisions and penalties under
Sati Prohibition Act 1987 for glorification of sati and building a temple?
According to Section 2(b) of the Sati Prohibition Act 1987, "The act of glorification of sati"
includes
 the observance of any ceremony or the taking out of a procession in connection with
the commission of sati; or
 the supporting, justifying or propagating the practice of sati in any manner; or
 the arranging of any function to eulogise the person who has committed sati; or
58
 the creation of a trust, or the collection of funds, or the construction of temple or other
structure or the carrying on of any form of worship or the performance of any ceremony
thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person
who has committed sati;
Section 5 of the Act lays down that whoever does any act for the glorification of sati shall be
punishable with imprisonment for a term which shall not be less than one year but which may
extend to seven years and with fine which shall not be less than five thousand rupees but which
may extend to thirty thousand rupees.
Q92. Najma was given in marriage at the age of 13 years. On attaining 18

years she wants to repudiate the marriage. a) Define “Option of Puberty”.
Under Muslim law, a minor on attaining the age of puberty, has a right to approve or disapprove
the marriage contracted by a guardian who was neither father nor paternal grandfather. This is
called the ‘option of puberty’. In other words, marriage of a minor contracted by any person
other than minor’s father or grand -father is voidable at the option of such minor. If a person,
on attaining puberty, chooses to repudiate the marriage by exercising his right of ’option of
puberty’ the marriage is dissolved with immediate effect. On the other hand, if the minor, on
attaining puberty, opts to approve the marriage, it is considered to be a valid marriage since its
very beginning. However, the exercise of this right is not compulsory; the minor, on attaining
puberty, may or may not exercise this right. Where a person has not exercised the right of
option of puberty after becoming adult, it is presumed that he or she has approved the marriage
contracted during minority.
But, under Shia law a minor’s marriage must be approved by the minor on attaining puberty.
According to Shia law, therefore, unless the minor on attaining majority, expressly ratifies the
marriage, it is no marriage at all in the eyes of law.
Q93. Meena, 25 weeks pregnant, it was diagnosed that the child is suffering
from an acute brain malfunctioning. She wants to abort. a) Explain the
provision for abortion in PCPNDT Act.
womb, is in danger. The Medical Termination of Pregnancy Act, 1971 has been enacted mainly
with a view to save the life of the mother. Under this Act, the pregnancy of the mother can be
terminated
59
MTP Act allows pregnancies to be brought to an end in the first three months with the approval
of only a single registered medical specialist. But, if the duration of pregnancy has crossed five
months, the approval of at least 2 medical specialists is needed.
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex

Selection) (PCPNDT)Act, 1994, has also been used to supplement abortion laws and
regulations to ensure that girl child deaths through illegal induced miscarriages are looked into
and avoided in the future.
Q94. Madhubala married Kishor. At the time of marriage Kishor demanded

a scooter and 10,00,00/- cash as a dowry from the father of Madhubala. a)
Define the term dowry as per Dowry Prohibition Act, 1961. b) What is the
penalty for giving and taking dowry?
According to Sections 7, 8 Taking dowry is a cognizable, non-bailable, non-compoundable

offence. Burden of proof lies on person receiving dowry. Under Section 4 of the Act,
demanding dowry is also an offence when a person demands, directly or indirectly any dowry
from parents, guardian or relatives of a bride or bridegroom is punishable with imprisonment
and fine.
Q95. The police raided a brothel and found many ladies and amongst them
there were two minor girls age 9 years. a) Can ladies be punished? b) Are
the minor girls liable for punishment? What are the remedial measures?
According to Section 2(a) of the Immoral Traffic (Prevention) Act, 1956, brothel includes any
house, room, conveyance or place or any portion of any house, room, conveyance or place,
which is used for purposes of sexual exploitation or abuse for the gain of another person or for
the mutual gain of two or more prostitutes.
No, ladies will not be punished as the act does not provide punishment for sex workers. They
can be rehabilitated by putting them in a Corrective Home. However, they can be punished
under the Indian Penal Code for crimes, such as offence of Public indecency or Public
Nuisance.
No, the minor girls will not be liable for punishment. They will be sent to protective home.
60
Q96. Define the prime functions of the Family Courts Act,1984.
Before the establishment of family courts, the family matters fell within the jurisdiction of the
ordinary civil courts of the country. Where other civil matters were also litigated. The Law
Commission in its 59th report (1974) had also stressed that in dealing with disputes concerning
the family, the court ought to adopt and approach radical steps distinguished from the existing
ordinary civil proceedings and that these courts should make reasonable efforts at settlement
before the commencement of the trial.
The immediate reason for setting up of family courts was the mounting pressures from several
women's associations, welfare organizations and individuals for establishment of special courts
with a view to providing a forum for speedy settlement of family-related disputes. Emphasis
was laid on a non-adversarial method of resolving family disputes and promoting conciliation
and securing speedy settlement of disputes relating to marriage and family affairs.
Functions of Family Court:
1. The family Court shall make an endeavor to assist and persuade the parties in arriving
at a settlement. If the Court feels that there is a reasonable possibility of a settlement
the Court may adjourn the proceedings for such period as it thinks fit to enable attempts
to be made to arrive at a settlement.
2. The Court shall record what the witness deposes and the memorandum shall be signed
and form a part of a record.
Q97. Explain, Juvenile justice board.
Section 4 of the Juvenile Justice Act of 2000 deals with the establishment and constitution of
the council and also empowers the state government to establish a juvenile justice board for a
district or group of districts. A child who has committed an offence may be brought before a
member of the board if the board is not chaired in accordance with Section 5(2). Section
6(1) conferred on the Commission exclusive powers under the 2000 Juvenile Law in Conflict
with the Law Act to hear all court proceedings.
The Juvenile Justice Council (JJB) is headed by a senior magistrate. He has exclusive
jurisdiction to deal with juvenile cases. The magistrate of the Commission for Juvenile Justice
is a magistrate “who should be a metropolitan magistrate or a first class magistrate with special
knowledge in child psychology and child protection”. In the juvenile justice commission, two
members are social workers, one of whom must be a woman.
The member of the juvenile justice council may be dismissed after an investigation by the state
government for the following reasons:
 If he has been found guilty of misuse of power under this Act, or
61
 He/she has been convicted of an offence involving moral turpitude, and this conviction
has not been reversed or he/she has not been totally pardoned for this offence, or
 He fails to attend Board proceedings for three consecutive months without cause or fails
to attend at least three-quarters of the meeting in one year.
Q98. Explain the provisions relating to Uniform civil code.
Need of UCC:


Q99. Define the National Commission for Women.
The National Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd
May 1990. The National Commission for Women was set up on 31st January 1992 under the
National Commission for Women Act, 1990 as Jayanti Patnaik as the chairperson. This body
was established to review the constitutional and legal safeguards for women. It recommends
62
the remedial legislative measures, facilitates redressal of grievances and advises the
government on all policy matters affecting women. It enjoys all the powers of a civil court.
The Commission must consist of a minimum number of members which includes a

chairperson, a member secretary, and the other five members. Section 3 of the National
Commission for Women Act, 1990 deals with the constitution of the National Commission for
Women. Section 4 of the National Commission for Women Act, 1990 deals with the
constitution of the term of office and conditions of service of Chairperson and Members of the
commission.

safeguards

Union or any State.

63
and State.

Q100. Define in short, the provisions under the Convention on the rights of
children.
There are four principles of Convention.
Non-Discrimination: One general principle as identified by the committee on the rights of the
child is that all children should enjoy their rights and should never be subjected to any
discrimination. The obligation to provide equality of opportunities among children is expressed
in Article 2.
Best Interests of the Child Children: Best interests of the child Children, especially when
they are very young, are vulnerable and need special support to be able to enjoy their rights
fully. The principle of the best interest of the child, formulated in Article 3:1
The Right to Survival and Development: The principle most directly related to children's
economic and social rights is formulated in the right to life article. The article goes further than
just granting children the right not to be killed; it includes the right to survival and development
which is formulated in Article 6:2
The Views of the Child: A crucial dimension of the convention is expressed through another
principle, the one about respecting the views of the child. In order to know what is actually in
the interest of the child it is logical to listen to him or her. The principle is formulated in Article
12:1.
These four principles contribute to a general attitude towards children and their rights. They
are based on the notion that children too are equal as human beings.
Q101. What does Article 38 of the Indian Constitution provide for?
Article 38 of the Indian Constitution directs the State to secure a social order for the promotion
of the welfare of the people. In this regard, it provides for two provisions as follows:
64
1. The State shall strive to promote the welfare of the people by securing and protecting
as effectively as it may a social order in which justice, social, economic and political,
shall inform all the institutions of the national life
2. The State shall, in particular, strive to minimize the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas or
engaged in different vocations.
Q102. What is “Polygamy‟?
Many legal systems permit polygamous marriage, under which a man may marry more than
one wife. Most ancient cultures and religions in the world have allowed polygamy in one form
or the other. Islamic tradition addresses the polygamy directly. The Quran states that a man is
allowed up to four wives, but only if he can support them and treat them all equally.
In India, polygamy is illegal under the Hindu Marriage Act, 1955 and the Indian Penal
Code. Before the enactment of the Hindu Marriage Act, 1955, polygamy was mostly practiced
by rich merchants and the warrior castes in India. Polygamy and polyandry are illegal under
the Hindu Marriage Act, the Christian Marriage Act, the Parsi Marriage Act, and the Special
Marriage Act.
Q103. What is “Shelter Home‟?
It is the responsibility of the government to protect the homeless and neglected members of the
society. According to Section 2(u) of the Juvenile Justice (Care and Protection of Children)
Act, 2000, "shelter home" means a home or a drop-in-centre set up under section 37. The
Juvenile Justice Act empowers state governments to recognise organisations and provide them
assistance, to set up and run shelter homes for children, women and other people, who are in
need of care and protection. These shelter homes also function as a drop-in-centres and night
shelters for people who are in urgent need of support. A shelter home is a place to take refuge
or a temporary arrangement. These shelter homes also serve as government-aided hostels.
People who are vulnerable or homeless or are in an emergency situation, they can approach
their nearest shelter homes.
The Protection of Women from Domestic Violence Act, 2005, Chapter III lists the duties of
shelter home as: “If an aggrieved person or on her behalf a protection officer or a service
provider, requests the person in charge of a shelter home to provide shelter to her, such person
in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home.”
Role of shelter homes
1. Shelter homes provide protection, services and resources, which enable a person who
has experienced abuse to recover from the violence, to rebuild one’s self-esteem and to
take steps to regain an independent and self-determined life.
65
2. Shelter homes increase awareness and understanding related to gender-based violence

and violations of human rights.
3. Shelter homes assist women who leave situations of violence, to manoeuvre the police,
judicial and social service systems, to access the critical support and protection
provided by these institutions.
4. Shelter homes should educate health and judicial providers, as well as social service
and security personnel, among other professionals, to recognise violence against
women.
Q104. What is the punishment prescribed for Dowry Death?
Section 304B of the Indian Penal Code prescribes punishment for dowry death. Clause 1 of the
Section, defines “Dowry Death” as follows: 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. Explanation attavched to the clause says that for the
purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry
Prohibition Act, 1961 (28 of 1961).
Clause 2 of the Act prescribes punishment for dowry death. The clause lays down that 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.
Q105. The kinds of Muslim Marriages?
 Sahih Nikah (Valid Marriage): When all the essential conditions of a Muslim
marriage are duly fulfilled, it is called a sahih nikah or valid marriage.
 Batil Nikah (Void Marriage): If agreement between a prospective bride and a groom
which does not meet all the essential conditions of a Muslim marriage is a void
agreement and any marriage that takes place in furtherance of a void agreement is called
a void marriage or Batil nikah.
 Fasid Nikah (Irregular Marriage): When a marriage is conducted by violating certain
or partial conditions of a valid marriage, it is called an irregular marriage. The best
instance of an irregular marriage is the marriage between a Muslim and a Christian or
a Jew.
 Muta Marriage: The word “muta” literally means “enjoyment, use”. It is a ‘marriage
for pleasure’ for a fixed period of time, also known as temporary marriage.
Q106. What is Muta Marriage?
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4. Dower.
Q107. Give two grounds for divorce available to Muslim wife under
Dissolution of Muslim Marriage Act, 1939?
Divorce petitions for judicial divorce in Islam is governed by the Dissolution of Muslim
Marriage Act, 1939. Under the Act, a Muslim woman can file a contested divorce petition on
the following grounds:
1. If the whereabouts of the husband are unknown for the past 4 years.
2. If the husband is unable to provide maintenance to the wife for the last 2 years.
3. If the husband has been imprisoned for 7 or more years.
4. If the girl was married before the age of 15 and wishes to annul the marriage before she
attains 18 years of age.
5. If the husband subjects the wife to cruelty of any kind.
Q108. Name any two functions for National Commission for Women?
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safeguards

Union or any State.

Q109. Define “Child‟ according to The Immoral Traffic Act, 1956?
According to Section 2(aa) of the Immoral Traffic (Prevention) Act, 1956, child means a person
who has not completed the age of sixteen years.
Q110. What is “In camera Proceedings”?
In-camera proceeding is an exception to the rule of an open court. An open court or open justice
is when a case is heard in the presence of the people and the press, who would report the cases
to the public. The usual course of a proceeding is an open court.
The in-camera proceeding is a private proceeding in the absence of the public and press and it
is used in sensitive cases to protect the privacy of the parties. Essentially the proceedings are
conducted through video conferencing to safeguard the privacy and protection of the accused.
The public and the media are excluded from such proceedings for the purposes of sensitivity.
In cases like divorce, the common grounds found are adultery, cruelty, impotency, desertion
etc. Cruelty may include mental shock, physical harassment or excessive or refusal to sexual
intercourse. The grounds are linked with the reputation of the parties which is likely to be of a
revolting character and may injure the reputation of the party in the eye of the general public. In
such cases in camera proceedings can be done.
Q111. A Hindu female is survived by her adopted son, natural born son, and
an illegitimate son. Upon whom her property will devolve and in what Ratio?
Section 15 and Section 16 of the Hindu Succession Act, 1956 deals with devolution of property
of a Hindu female who died intestate.
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Adopted son has equal rights as those of natural or biological son. There is no provision for
rights of illegitimate son under the Act.
According to Section 15 of the act, the property of a female Hindu dying intestate shall devolve
according to the rules set out in section 16, (a) firstly, upon the sons and daughters (including
the children of any pre-deceased son or daughter) and the husband.
Thus, the property will get divided into the adopted son and the natural son equally i.e. each of
them will get half the property. The illegitimate son will not get anything from the property.
Q112. Write short note on Muta Marriage?
4. Dower.
Q113. Define Iddat its objects and procedures?
When a marriage is dissolved by death or by divorce, the woman is prohibited from marrying
within a specified time. This is known as iddat. It is a period of continence imposed on the
woman. The purpose of iddat is to ascertain whether the woman is pregnant and avoid any
confusion as to paternity . If the marriage is dissolved by death, the period commences from
the date of death; in case of divorce, it commences from the death of divorce.
A marriage could be dissolved either by divorce or death of the husband. the period of iddat
in these two situations is as follows
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Dissolution of Marriage by Death:
1. in the case of a woman who is pregnant at the time of husband ‘s death the
period of iddat is four months and ten days or until delivery, whichever period
is longer .
2. if the woman is not pregnant ,the period is four months and ten days.
Dissolution of Marriage by Divorce:
1. if a woman is subject to menstruation, the period of iddat upon divorce is three

courses.
2. if the woman is pregnant at the time of divorce, the iddat lasts until delivery
whether it is less or more than three months, iii) if the woman is not subject to
menstruation, it is tree lunar months.
Q114. Modes of dissolution of marriage in Muslim law.
A valid Muslim marriage can be brought to an end under any of the following circumstances:
 Apostacy: Apostacy means the abandonment or renunciation of a religious or political

belief or principle. Apostacy can be of any spouse, either of the husband or of a wife.
In case apostacy, the marriage can be dissolved under Muslim Marriage Act, 1939.
 Death of any party: Death of any party to the marriage brings an end od matrimonial
bonds.
 Divorce: It may be statutory or non-statutory. Divorce is by any method recognized by

Muslim law.
 Option of Puberty: Under this option, a minor can repudiate his or her marriage in
accordance with the provisions of Muslim Marriage Act, 1939.
Marriage between parties under absolute prohibitions: If such marriage is prohibited, then
it is void. Under relative prohibitions it is not void but can be modified
Q115. What are UNICEF publications?
UNICEF is a leading source of information on the situation of children around the world. The
work is grounded in empirical data, rigorous research and thoughtful analysis. Publications are
among the most important tools that UNICEF uses to influence policy discourse and decision-
making on behalf of every child at risk or in need. They also provide vehicles for reporting on
results achieved by UNICEF and its partners.
UNICEF’s longest-standing flagship publications are The State of the World’s Children and
the UNICEF Annual Report. Each edition of The State of the World’s Children focuses on a
vital issue or sector affecting children and young people around the globe. This research-based
70
publication also features statistical tables with the latest available statistics on child survival,
development and protection in every country, territory and region. The UNICEF Annual
Report spotlights results for children achieved by UNICEF and its partners across multiple
sectors each year, along with financial data and donor recognition.
Specialized UNICEF divisions and offices, disseminate reports reflecting technical expertise
in child-centred practice and policy, such as on social inclusion, policy and budgeting.
Q116. What is Adultery? What is the punishment for Adultery in India?
Q.117 Comment on this Statement- Adultery is not a Crime.
These laws were passed in 1860 during the British era and at that time the social status of
women in India was pitiable. They were not independent economically and were considered as
an object. The structure of the society was a lot different from what its today and several social
evils were prevalent during those days. Polygamy, child marriages and sati system were
common and since women were observed as a property of men, it was their utmost duty to
71
safeguard their property. Women were subjugated and exploited by men and this led to the
framing of such laws which punished only men which must be the seducer and women were
not considered wrongful.
Although, considering today’s times, the scenario of the society has changed and women are
socially and financially independent and they may be the seducer and not always victim or
innocent. This customary law does not seem to be in consonance with the recent times and
doesn’t apply equally to both the genders.
Q118. How is "stalking" defined legally? And what can be done about
stalkers?
Whoever monitors the use by a person of the internet, email or any other form of electronic
communication that results in a fear of violence, or interferes with the mental peace of such
person, commits the offence of stalking. Cyberstalking is a criminal practice where an
individual uses the Internet to systematically harass or threaten someone. In this tort, the victim
is followed and pursued online. This crime can be perpetrated through email, social media, chat
rooms, instant messaging clients and any other online medium. The harasser may be a stranger
or a neighbour or a relative or a person having acquaintance. In this crime, the harasser may
obtain personal details like telephone and then start harassing physically. The law in India is
still inadequate in this respect.
The victims of cyberstalking should take the following steps:
 For minors, inform parents or a trusted adult
 File a complaint with the cyberstalker's Internet service provider
 Collect evidence, document instances and create a log of attempts to stop the
harassment
 Present documentation to local law enforcement and explore legal avenues
 Get a new email address and increase privacy settings on public sites
 Purchase privacy protection software
 Request removal from online directories
 Never agree to meet the stalker in person.
 Do not accept the request on social media till confirmation.
Q119. What offences are covered under Domestic Violence Act?
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The expression “Domestic Violence” has been defined in see 3 of the Act. It is very
injustice.
Q120. Can Medical Officer refuse to render Medical Assistance if the

aggrieved woman comes directly, without Protection Officer?
The Medical Officer cannot refuse to provide treatment in emergency cases. He cannot insist
on Prior filing of FIR with the police and then start treatment. First, immediate treatment or
first aid must be given and then it is the duty of the Medical Officer to inform the police /
Protection Officer about the possible domestic violence or unnatural injuries suffered by the
victim. A Medical Officer attending the case is expected to exercise a reasonable prudent
physician standard of care and offer that much of help as is possible under the circumstances.
According to Section 2(n) of the Act, “Protection Officer” means an officer appointed by the
State Government under sub-section (1) of section 8 of the Act. According to Section 4 of the
Act, any person who has reason to believe that an act of domestic violence has been, or is being,
or is likely to be committed, may give information about it to the concerned Protection Officer.
The protection Officer helps to get the aggrieved person medically examined, if she has
sustained bodily injuries and forward a copy of the medical report to the police station and the
Magistrate having jurisdiction in the area where the domestic violence is alleged to have been
taken place.
For Detailed Study of the Subject

Visit www.thefactfactor.com
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Question Bank Solution of Law Relating to Women and Children

Q1. Write a short note on Medical Termination of Pregnancy Act

Objects of Medical Termination of Pregnancy Act, 1971:

 On humanitarian grounds, like when there is a forced pregnancy because of rape;

 There is a possibility of the birth of a deformed child.

Features of Medical Termination of Pregnancy Act, 1971:

Under this Act,

 the pregnancy of the mother can be terminated

b) On humanitarian grounds, like when there is a forced pregnancy because of

c) There is a possibility of the birth of a deformed child.

 Only Registered Medical Practitioner can perform treatment of termination of

Objects of the Act:

Features of the Act:

 By section 3 of the Suppression of Immoral Traffic in Women and Girls (Amendment)

Q3. Explain the International views about protection of women’s and

 The Convention on the Elimination of All Forms of Discrimination Against Women

to receive special protection, to be given opportunities and facilities to enable him to

Q4. Write a significance of convention on the elimination of all forms of

 CEDAW provides a complete definition of sex-based discrimination – described as any

 CEDAW takes a concrete and three-dimensional view of equality – it is based on the

Q5. Write a women’s status on ancient era as well as modern era.

Status of Women in Ancient India:

acknowledged, especially in the performance of religious ceremonies. The education of young

Status of Women in Modern Era:

Q6. Rights and duties of National Commission for women

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

 Recommendations: Make in such reports and recommendations for the effective

 Cases of Violation: Take up cases of infringement of the provisions of the Constitution

 Special Studies and Investigation: It conducts special studies or investigation on the

 Research: Undertake the promotional and educational research so as to propose ways

 Inspection: investigate or cause to be inspected a jail, remand home women’s

 Funding: fund litigation, relating issues affecting a large body of women.

Q7. Explain the Constitutional provisions to protection of women’s and

Provisions Related with Both Women and Children:

 Right to equality (Article 14)

Provisions Specially Related with Women:

Provisions Specially Related with Children:

Q8. Short note on 498 A of IPC.

Q9. Role of personal laws to avoid unequal position of women in India

Q11. What is Maternity Benefit?

Non Cash Benefits/Privilege:

 No discharge or dismissal while she is on maternity leave.

 No change to her disadvantage in any of the conditions of her employment while on

Q12. State any three functions of Human Rights Commission

 Inquire, Suo moto, or on a petition presented to it by a victim or any person on his

 Intervene in any proceeding involving any allegation of violation of human rights

 Undertake and promote research in the field of human rights.

 Encourage the efforts of non-governmental organisations and institutions working in

Q13. Write short note on 'Reservation of seats for women in Panchayat'

Q14. Explain aims and objectives of Dowry Prohibition Act

 by one party to a marriage to the other party to the marriage; or

Objects of Dowry Prohibition Act:

Q15. State the objects of Medical Termination of Pregnancy Act

Objects of Medical Termination of Pregnancy Act, 1971:

 On humanitarian grounds, like when there is a forced pregnancy because of rape;

 There is a possibility of the birth of a deformed child.

Q16. Explain Restrain of Child Marriage

Child Marriage Restrain Act, 1929: