WOMEN CENTRIC LAWS IN INDIA-BENEFICIAL OR

DETRIMENTAL?

INTRODUCTION:

Gender equality is a human issue and one who violates any right of women by misusing them
was not a crime in the ancient days. The age old customs and traditions in India regularly got
hauled over the coals for its shabby treatment of women. In the male dominating society
women had to face lot of problems which violated their basic rights such as right to live by
following Sati. Likewise many other customs destroyed the lives of women and most
importantly is that , an enemy of a woman is another woman in case of domestic violence
which often occurs for demanding dowry by the husband’s family. Poor and uneducated
women in the olden days had borne the torture of husband’s family because of their parents
disableness to render wealth. So, in order to protect women from violence and torture
,women centric laws are made to lift the oppressed class of the society. Initially the
provisions for women were laid down in the Indian Constitution by the constitutional framers
and this was the first initiation where women were given special recognition and benefits in
India. Then, this initiation paid way for the legislature to enact laws especially for women as
they are treated as unequals in the male dominated ancient Indian society.

CONSTITUTIONAL PROVISIONS FOR PROTECTION OF WOMEN:

The Constitution of India guarantees the fundamental rights for women in Part III wherein
Art 14 enumerates the Equality before law which prohibits the unreasonable discrimination
between persons. In order to provide Equality for women , the Supreme court in Air India
vs. Nargesh Meerza case struck down the offending rules of Air India that an Airhostess
would retire on the age of 35 years or on her first pregnancy , whichever was earlier.

Art15(1) prohibits the state that no person shall be discriminated on the grounds of religion,
caste, sex or place of birth. Art 15(3) allows the state to make special provisions for women
and children. Art 16 provides equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the state.

Part IV of Indian constitution guarantess Directive Principles of State Policy wherein it also
provides certain provisions for the upliftment of women. Art 39(a) states  that the citizens,
men and women equally, have the right to an adequate means to livelihood. Art 39(d) states
that there is equal pay for equal work for both men and women, In the case of Randhir
Singh v. Union of India AIR 1982, Supreme Court held that equal pay for equal work is a
constitutional objective and goal and is capable of being enforced. Art39(e) states that the
health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength. Art 42 provides Provision for just and humane conditions of work and
maternity relief, The State shall make provision for securing just and humane conditions of
work and for maternity relief. Keeping this Art as a reference Maternity Benefit Act,1961
was enacted. Art 44 provides that the State shall endeavour to provide for its citizens a
uniform civil code (UCC) throughout the territory of India. Art 51A(e) says that it is the duty
of the citizens to renounce practices that are derogatory to the dignity of women.
Constitutional provisions was the initiative to protect women followed by this many other
laws were enacted for the benefits of women in the changing aspects of the society.

WOMEN CENTRIC LAWS - A BOON FOR WOMEN:

Dowry Prohibition Act, 1961

The object of this Act is to prevent the giving or taking of dowry. It not only penalizes this
act but also makes the act of demanding dowry an offence.sec 304.B of IPC provides
protection for women from cruelty by her in-laws for demanding dowry.

The Medical Termination of Pregnancy Act, 1971

This Act provides for the termination of certain pregnancies by registered medical
practitioners and for matters connected therewith or incidental thereto.

The Hindu Succession Act, 1956 with amendment in 2005

This Act provides for equal inheritance rights to women for the first time. It abolished the
concept of limited estate of women.

The Protection of Women from Domestic Violence Act, 2005

Domestic Violence Act meant to provide for more effective protection of the rights of women
guaranteed under the Constitution who are victims of violence of any kind occurring within
the family and for matters connected therewith or incidental thereto.

The Commission of Sati (Prevention) Act 1987

The object of this Act is to prevent the practice of Sati and the glorification of such an act. An
attempt to commit Sati is also punishable under certain circumstances. Thus ,the legal
provisions provides a change which is a benefit to Indian women who had an extremely
difficult time during the ancient period where males dominated women and suppressed them
not to raise their opinions nor allowed to come out of the kitchen. By these laws there is a
tremendous change in the patriarchal views of the society which uplifts women in all the
activities of the society.

RAPE- A CRIMINAL OFFENCE:

Sec 375 of IPC provides the definition of Rape and helps women to get justice if they are
forced into sexual intercourse. According to the latest survey released by the National Crime
Records Bureau (NCRB), India recorded 88 rape cases every day in 2019. Out of the total
32,033 reported rape cases in the year, 11 per cent were from the Dalit community, as per
NCRB’s annual report titled "Crimes in India -2019".Despite of the penal laws there are
offences relating to rape occurs which creates a fear among women and parents. In the brutal
gang rape of Nirbhaya in 2012 shook the nation’s consciousness like no other but many
people blamed the victim because she tempted the offenders by her dressing and rape
wouldn’t have occurred if she was not been there at that midnight. So people think that a girl
shouln’t step out of her house at night and should not wear modern dress but the truth is that
the rapists are cruel and they cannot even leave a female child, if it is the dress then why
3years old female child gets raped? It is the mentality of the man who tends to commit rape
without even differentiating a girl child and an adult. These laws protects women but
sometimes it is misused by women. A man is not given any protection against such forced
sexual intercourse. Though the ratio of women is far more than men to suffer such offence,
even if one person is being affected,  justice should be done to him by punishing the
perpetrator.

WOMEN CENTRIC LAWS- A BANE FOR MEN:

Women empowerment has always been considered important in our society but this should
not create a disadvantage to men. Women suffered a lot in the patriarchal society in the olden
days, but this doesn’t mean men should suffer by the empowerment of women and women
centric laws. Both men and women should be equally treated in the society. There are many
cases where males get trapped in false cases. The laws were made to protect women’s rights
but many at times women uses it as a weapon to satisfy their ego and they claim for property
and maintenance from their husbands by false accusation which becomes more difficult for
innocent males as most of the crimes against women are cognizable and non-bailable. Most
of the cases of divorce go under the Domestic Violence Act and cruelty under Section 498-A
of IPC. Many times these cases are just filed to get money from their partners. There are
various laws made to protect women from sexual harassment in the workplace. But there are
no laws for men this creates a thought that women are the only victims of sexual harassment.
The truth is not as same as the general thought, men also suffers from harassment but it is not
seen as a serious offence like the offences that has occurred to women.

According to a survey conducted by the Indian Government in 2007, the reported cases of

sexual abuse against children, including rape or sodomy varied as-  for boys, it was 57.3%
and for girls, it was about 42.7%. The Delhi based Centre for Civil Society reported that
around 18% of Indian adult men reported that they had been forced for sex. Among those
cases, the female perpetrators were 16% and male perpetrators were 2%.Eventhough men are
proved innocent in a rape case they will not be treated by the society the same as they used to
do before. The people look at them in a bad manner and they deteriorate their reputation by
the use of social media. In case of Dr.N.G Dastane v S. Dastane, SC held that although
physically cruelty is presumed to be done mainly by husband being the powerful but mental
cruelty can be done by both husband and wife. Even wife can do mental cruelty on husband.
In case of Anil Bharadwaj v. Nimlesh Bharadwaj, court held that if a wife refuses to have
sexual intercourse with her husband without any reasonable cause will amount to cruelty. So,
women centric laws makes people to see women as victims and men as perpetrators without
understanding the truth which is a bane for men in the society.

RECENT CHANGES IN THE WOMEN CENTRIC LAWS:

Criminal law Amendment Act,2013:

IPC was amended in the year 2013 and by this some new sections were inserted in the Act for
Acid attacks, stalking, intentional disrobing of women and sexual harassment.

In 2013 another Act (Prevention, Prohibition and Redressal Act,2013)POSH act was enacted
to protect the women from sexual harassment at workplace.

Maternity Benefit Amendment Act,2017:

This was considered as an important amendment where it extends the paid maternity leave for
women employees from 12 weeks to 26 weeks. This amendment also mandates to have a
crèche at the workplace where more than 50 women employees are at work.

Approbation of Adultery:

In 2018 , a five Judge bench of Supreme court struck down Sec 497 of IPC that prescribes a
maximum imprisonment of 5 years to men for adultery. This approbation is seen as that
husband is not the master of his wife and women should be treated equally along with men.

Triple Talaq:

Triple Talaq or Talaq-e-biddat is an Islamic practice that allows men to divorce their wives
with the pronouncement of the word Talaq three times. But this practice was struck down by
the Supreme court in the case of Sayarabano vs. Union of India, the supreme court set aside
the practice of Triple Talaq and also made a declaration of talaq a cognizable offence,
imprisonment up to 3 years with fine. This is a protection for muslim women who suffered a
lot by this type of divorce as they were not able to meet their daily needs because of their
poorness.

Sabarimala case:

The supreme court in 2019 delivered a most awaited and landmark judgment in the
Sabarimala case, the supreme court permitted entry of women of all age groups to the
sabarimala temple as it is their fundamental right to worship in the temple. But this has not
came into force still now because the people cannot accept a decision which violates and
stands against their age old customs and traditions.

SUGGESTIONS FOR THE CHANGING SOCIETY:

The laws which are women- centric should be properly examined as offences relating to
women are increasing day by day. Strict penal laws should be amended in order to create a
fear to men who tends to commit such offences relating to women. It is an essential need to
protect women as they are the backbone of every family but at the same time the protection
of women or legislation made for women should not destroy an innocent male’s life. The
laws should be made keeping the rights of both men and women equally. As we have already
seen the Sabarimala case , it is evident that people still believe in the age old customs and
traditions and do not mind about the fundamental rights of women. This has to be changed by
a strong legislation because women also have equal rights to worship in all the temples.

CONCLUSION:

Thus ,women- centric laws are made to protect and uplift women in the society .It was a
need during the olden days and the need still persists as offences against women has not
decreased. It is the duty of the legislature to make strong laws and the judiciary plays a vital
role in delivering justice to crimes against women. The judicial system should keep in mind
the rights of both men and women and should not punish the innocent males.