LAWs & ACTs for WOMEN in INDIA

CONTENTS
1. Muslim Woman’s Rights in India

2. Muslim Personal Law in India

3. All India Muslim Personal Law Board

4. The Indian Christian Marriage Act of 1872

5. The Hindu Marriage Act, 1955

6. Special Marriage Act, 1954

7. Child Marriage Restraint Act

8. Dowry system in India

9. Maternity Benefit (Amendment) Act, 2017

10. Equal Remuneration Act, 1976

11. Protection of Women from Domestic Violence Act, 2005

12. Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013
1. Muslim Woman’s Rights in India

One of the vital concerns in India is the non-discrimination between genders. Muslim Woman in
India are one of the major groups deprived of their equality within the Human
rights framework. Their hardship has derived from cultural and religious reasons. This includes
being negatively stereotyped within religion, incorporating both Muslim and even Judaic-
Christian beliefs. This also includes male interpretations of the Quran. Where the functions of a
woman concerning family matters are seen as less than half, according to hijab, then that of their
male counterparts.
Brief history of Muslim Law in India
Muslim law in South Asia is different from Islamic law of Sharia. Shariat law (shari’a or fiqh)
law is seen as a body of religious rules that are set out to manage the lives, in all aspects, of
every Muslim. However, in India there are only a few of these laws that are enforced. This is due
to India's laws having been modified by traditional English common law and equitable principles
since the beginning of the British imperialist regime. It is now called Anglo-Muhammadan
law. Although Islamic law is sacred, due to modern political and social developments sacred
interpretation of classic Islamic law's in India have changed in response to societal requirements.
The Constitution of India outlines the Fundamental rights in India to equality under Article
14. Article 15 covers freedom from discrimination which includes that of gender equality.
However, Article 25 justifies the freedom of religion which safeguards the religious rights of
Muslim communities, in turn Muslim Personal Law, which is discriminatory between Muslim
men and woman. The continuance of discrimination within Muslim personal law contravenes
that set out in India's constitution, notably articles 14 and 15.
Personal law and inequality
Even though there is formal recognition of rights within the constitution, Muslim women
experience gender in-equalities in practice within the sphere of personal law. Personal law
enables the continuing practice of giving a lower status to Muslim women in India. Which raises
the need for legal reform. This is hard to achieve because often uniformity of family laws are
often upheld by staunch supporters of religious traditions, who will ensure that all efforts to
keep traditional Muslim practices within the conformity of Islamic ideals. The courts will also
favor to not let constitutional rights intrude in personal law. In the High Court case Harvinder
Kaur v. Harmander Singh Choudhary, it was rejected that personal law was discriminatory
towards Gender inequality in India and stated that the “…introduction of Constitutional law into
the home is most inappropriate”. Essentially depriving all woman in India the fundamental rights
within the constitution. Personal law discrimination was on the other hand was positively
recognized in the case of Amina, here the court noted that Muslim personal law is discriminatory
towards Muslim women, and as such is unconstitutional.
Islamic law does however provide for certain rights. One example can be seen within a
matrimonial deed, or Nikahnama. A Nikahnama can cover certain rights which pertain to
polygamy and the woman's right to enforce a divorce proceeding. This could even include
shares in property rights. Muslim law for financial support due to divorcement has been codified
In the Muslim Women's (Protection of Rights on Divorce) Act 1986. Nevertheless, these rights
remain minimal. For example, the divorced wife can only receive three months of financial
support. Also the husband of the divorced wife only has to pay child support for 3 months if that
child is born within the three-month period, but if they had a child before that then the husband is
not obligated to pay any support. Woman's rights in these matters are often not practiced due to
Muslim women's lack of education toward their rights within the Islamic community. Also
Muslim woman in India are not protected when it comes to monogamous marriages, but Muslim
men are, protected under the Indian Penal Code.
The Human Rights Commission (HRC) under the International Covenant on Civil and Political
Rights (ICPPR) highlighted religious based personal laws In India's report in 1997. It was
informed that the Human Rights framework towards multiculturalism should be a remedy when
addressing clearly biased provisions and practices towards Muslim women in Islamic legal
community.
Muslim woman and Education
DARPAN is often discriminated against due to their lower achievements within the sphere of
education, employment and their general economic position. This is because traditionally
Muslim woman are discriminately excluded from participating within the public and private
sector.
2. Muslim Personal Law in India

Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act,
1937.[1] This law deals with marriage, succession, inheritance and charities among Muslims.
The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim
women can obtain divorce and rights of Muslim women who have been divorced by their
husbands and to provide for related matters. These laws are not applicable in Goa state, where
the Goa Civil Code is applicable for all persons irrespective of religion. These laws are not
applicable to Muslims who married under the Special Marriage Act, 1954.

History
No evidence records administration of Muslim personal law until 1206 on the Indian peninsula,
even Muslim invasions took place during this period. During the reign of Slave dynasty (1206-
1290 A.D), Khalji dynasty (1290- 1321), the Tughlaq dynasty (1321-1413), the Lodi
dynasty (1451 - 1526) and the Sur dynasty (1539- 1555), the court of Shariat, assisted by
the Mufti, dealt with cases involving personal law among Muslims. During Sher Shah's regime,
the powers of the court were restricted and Muslim law was modified to suit the requirements of
the times. During the regime of Mughal kings Babur and Humayun, the earlier laws were
followed, and the ulemas (religious scholars) had considerable influence on legal decisions.
During Akhbar's regime, Ulemas' powers were reduced and shattered the dominance of the
orthodox Sunni school. During Jehangir's regime, cutting of noses and ears and death penalty
could not be inflicted without the Emperor's permission. Aurangazeb ordered the compilation of
a code of law.
East India Company
Under the East India company, Muslim Law was enforced except when Muslims left the disputes
to be determined according to Hindu Saastras. The Regulation 11 of .1772 by Sec. 27 enacted
that
in all suits regarding inheritance, succession, marriage and caste and other religious usages or
institutions, the laws of the Quran with respect of Mohamedan and those of the Shastras with
respect to Gentoos (Hindus) shall be invariably adhered to.
In 1822, the Privy Council recognized the right of Shia Muslims to their own law.
British India
The British India passed Shariat Act in 1937 is followed in India in matters related to marriage,
divorce and succession among Muslims.

Marriage and divorce

In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of
marriage can be done at the instance of the husband (talaq), wife (khula) or mutually (mubarat).
Talaq allows a Muslim man to legally divorce his wife by stating the word talaq. Some Muslim
groups recognize triple talaq (or talaq-i-biddat), stating three talaqs at once and proclaiming
instant divorce as valid method. On 22 August 2017, the Supreme Court of India deemed instant
triple talaq unconstitutional. On 30 July 2019, the parliament of India made triple talaq a
criminal offence.
Other Muslim groups follow talaq-i-hasan, where the husband pronounces talaqs on three
separate instances, each one at least 1 lunar month apart. If the husband changes his mind after
the first or second talaq, or cohabits with his wife, the divorce is nullified.
The husband can delegate power to pronounce talaq to his wife or a third person by agreement,
called talaq-e-tafweez. The Muslim man does not have to cite a reason for divorce.
Section 5 of the Shariat Act of 1937 concerns Muslim women seeking d. Section 5 was
subsequently deleted and replaced by Dissolution of Muslim Marriages Act 1939. Muslim
women can seek divorce in a court of law. A woman can ask for divorce in the following
circumstances:

 if whereabouts of the husband has not been known for four years
 if the husband has not provided for her maintenance for two years
 if the husband has been sentenced to imprisonment for seven years or more
 if the husband has failed to perform his marital obligations for three years
 if the husband was impotent at the time of marriage and remains impotent
 if the husband has been insane for two years or is suffering from leprosy or virulent venereal
disease
 if the husband treats the wife with cruelty, even if absent physical violence
 if the wife has been given in marriage by her father or guardian before she reached age 15
 if the husband associates with women of evil repute or leads an infamous life or attempts to
force her to lead an immoral life
 if the husband disposes of her property or prevents her exercising her legal rights over it
 if the husband obstructs her in the observance of her religious profession or practice
 if he has more than one wife, or does not treat her equitably in accordance with the Quran; or
carries out any other ground recognised as valid for the dissolution of marriages under
Muslim law.
Inheritance:
Rules of inheritance

 A son gets double the share of the daughter wherever they jointly inherit.
 The wife gets one-eighth of the share if there are children and one-fourth of the share if there
are no children. In case the husband has more than one wife, the one-eighth share is divided
equally among them. The husband gets one fourth of the share of his dead wife's property, if
there are children and one-half if there are no children.
 If the parent has more than one daughter, only two-thirds of the property is divided equally
among daughters. If the parent has only one daughter, half of the parent's property is
inherited by her.
 The mother gets one-sixth of her dead child's property if there are grandchildren and one-
third of the property if there are no grandchildren.
 Parents, children, husband and wife must, in all cases, get shares, whatever may be the
number or degree of the other heirs.

Mahr
Mahr is the total money or property that the husband is required to give the wife at the time of
marriage (Nikah). The two types of mahr are the prompt mahr which is given to the wife soon
after the marriage, and the deferred mahr, which is given to the wife when the marriage has
ended, either due to the death of the husband or by divorce.

Will
A Muslim can only give one third of his/her total property through a will (wasiyat).

Gift
Any type of property can be given as gift.
3. All India Muslim Personal Law Board

The All India Muslim Personal Law Board (AIMPLB) is a non-government organisation
constituted in 1973 to adopt suitable strategies for the protection and continued applicability
of Muslim Personal Law in India, most importantly, the Muslim Personal Law (Shariat)
Application Act of 1937, providing for the application of the Islamic Law Code of Shariat to
Muslims in India in personal affairs. some Muslims followed Hindu customs before 1937. The
Act applies to all matters of personal law except such successions. Even this section had the right
under laws such as the Cutchi Memons Act, 1920 and the Mahomedan Inheritance Act (II of
1897) to opt for "Mahomedan Law". Faizur Rahman claims that a majority of Muslim followed
Muslim law, not the Hindu civil code.
The Board presents itself as the leading body of Muslim opinion in India, a role for which it has
been criticised as well as supported All India Muslim Personal Law Board was set up during
Prime Minister Indira Gandhi's time.
Most of the Muslim sects are represented on the board and its members include prominent
Muslims from cross section of the Indian Muslim society such as religious leaders, scholars,
lawyers, politicians and other professionals. However, some Muslim scholars like Tahir
Mahmood, Arif Mohammad Khan and retired Supreme Court judge like Markandey Katju have
advocated abolishing of All India Muslim Personal Law Board.
The members of All India Muslim Personal Law Board do not apply Ahmadiyya Muslims in
India. Ahmadis were not allowed to sit on the All India Muslim Personal Law Board, which is
widely regarded in India as representative of Muslims in the country as most Muslims don't
consider the Ahmadis as Muslims.
Maulana Kalbe Sadiq, senior vice president of AIMPLB is also the vice chairman of the All
India Shia Personal Law Board.

Description
AIMPLB is a private body working to protect Muslim personal laws, liaise with and influence
the Government of India and guide the general public about crucial issues. The board has a
working committee of 51 ulama representing various schools of thought. In addition to this, it
also has a general body of 201 persons of ulama as well as laymen, including about 25 women.
However, some of the Shias and Muslim feminists have formed their own separate boards,
the All India Shia Personal Law Board and the All India Muslim Women's Personal Law Board,
respectively but have failed to win any significant support from the Muslims or the government.

Executive Committee:
President

 Syed Rabey Hasani Nadvi - Nazim, Darul Uloom Nadwatul Ulama

Vice President

 Syed Kalbe Sadiq

 Syed Jalaluddin Umri - Amir, Jamaat-e-Islami Hind
 Syed Shah Fakhruddin Ashraf - Sajjada Nasheen, Astana-E- Aliya
 Kaka Sayeed Ahmed Oomeri - Jamia Darus Salam
General Secretary

 Wali Rahmani - Sajjada Nashin, Khanqah-e-Rahmani

Secretary

 Khalid Saifullah Rahmani

 Fazlur Rahim Mujaddedi
 Zafaryab Jilani (Advocate)
 Umrain Mahfooz Rahmani
Treasurer

 Prof. Riaz Umar

Members

Causes and actions

The AIMPLB focuses primarily to defend the Sharia laws from any law or legislation that they
consider infringes on it. In this role initially it has objected to any change in the Divorce Laws
for Muslim women. In this regard it has even published a book – Nikah-O-Talaq (Marriage and
Divorce). However, from time to time it has been hinted by the board that it might reconsider its
position. It has also objected to gay rights and supports upholding the 1861 Indian law that bans
sexual intercourse between persons of the same sex.
The Board has also objected to the Right of Children for Free and Compulsory Education Act,
2009 as they believe it will infringe on the Madrasa System of Education. It has also
supported child marriage and opposes the Child Marriage Restraint Act. It has also objected to
the High Court of India Judgement on Babri Mosque. For this, it is also willing to threaten
political action. The Board was in the headlines for its opposition to the live video conference of
author Salman Rushdie to the Jaipur Literature Festival in January 2012. They argue that "there
is a serious threat to our religion. There is a sinister design to impose ‘Brahmin dharma’
through yoga, Surya Namaskara and Vedic culture. They all are against Islamic beliefs. We need
to awaken our community for launching a protest on a large scale.

Model Nikahnama
AIMPLB drafted a model ‘nikahnama’ in 2003 laying down specific guidelines and conditions
on which a marriage can be annulled by both husband and wife in large sections of Sunni
Muslims in Uttar Pradesh.
4. The Indian Christian Marriage Act of 1872
The Indian Christian Marriage Act of 1872 is an act of the Parliament of India regulating the
legal marriage of Indian Christians. It was enacted on July 18, 1872, and applies throughout
India, excluding territories such as Cochin, Manipur, Jammu, and Kashmir.
According to the act, a marriage is legitimate if at least one of the parties is Christian. An
ordained minister of any church in India, a clergyman of the Church of Scotland, a marriage
registrar or a special licensee may marry an aspiring couple under the act. The marriage
performer issues a marriage certificate. This certificate is recorded with the Registrar of Marriage
(who is appointed by the government). As is common in other Indian marriage acts, the
minimum age is 21 for the groom and 18 for the bride.
The marriage ceremony must occur between 6 a.m. and 7 p.m., unless the marriage performer
secures special permission. The wedding may take place in a church; however, in cases where
there is no church within five miles, an appropriate alternative location may be chosen.

Conditions and requirements

The marriage is legitimate only under the following conditions:

 The groom must be at least 21 years old.

 The bride must be at least 18 years old.
 The agreement between the two parties must be free and voluntary and without compulsion,
undue influence, or threat of violence.
 The marriage must be witnessed by two reliable eye-witnesses and by a licensed marriage
performer.

Marriage dissolution
Christian marriage in India can be dissolved under the Indian Divorce Act of 1869 (under
Section X) under three conditions:[4]

 By Section X A (as amended in 2001) both parties can file for a divorce by mutual consent.
 According to Section X (I), either party can file for divorce on the grounds that the other
party is of unsound mind. These grounds require two conditions:
o The party must be medically certified as 'incurable.'
o The relevant medical symptoms must have been noted at least two years prior to filing
for divorce. If the symptoms were treated at any point in time, but ultimately became
incurable, the period of two years will be counted from the date when the disease was
certified as incurable.
 Women can request a divorce under Section X (II) on three exclusive
grounds: rape, sodomy and bestiality.
A woman married under The Indian Christian Marriage Act of 1872 can seek dissolution of her
marriage under the Indian Divorce Act of 1869

Offence
Any individual who performs a marriage ceremony when not appropriately licensed by the
authorities or recognized by the church can be punished with a term of imprisonment of between
seven and ten years.

Remarriage
Under the special marriage act, any woman of any religion can marry or remarry without
satisfying any religious ceremony.
5. The Hindu Marriage Act, 1955

The Hindu Marriage Act by an Act of the Parliament of India enacted in 1955. Three other
important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu
Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions
and Maintenance Act (1956).

Purpose
The main purpose of the act was to amend and codify the law relating to marriage
among Hindus and others.[1] Besides amending and codifying Sastrik Law, it introduced
separation and divorce, which did not exist in Sastrik Law. This enactment brought uniformity of
law for all sections of Hindus. In India there are religion-specific civil codes that separately
govern adherents of certain other religions.

Applicability
Section 2 of the Hindu Marriage Act, 1955 says:
 1. This Act applies -
a. to any person who is a Hindu by religion in any of its forms or developments,
including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or
Arya Samaj;
b. to any person who is a Buddhist, Jain or Sikh by religion; and
c. to any other person domiciled in the territories to which this Act extends who is
not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any
such person would not have been governed by the Hindu law or by any custom
or usage as part of that law in respect of any of the matters dealt with herein if
this Act had not been passed.
This section therefore applies to Hindus by religion in any of its forms and Hindus within the
extended meaning i.e. Buddhist, Jains or Sikh and, in fact, applies to all such persons domiciled
in the country who are not Muslims, Christians, Parsi or Jew, unless it is proved that such
persons are not governed by the Act under any custom or usage. The Act applies to Hindus
outside the territory of India only if such a Hindu is domiciled in the territory of India.
The Act was viewed as conservative because it applied to any person who is Hindu by religion in
any of its forms, yet groups other religions into the act (Jains, Buddhists, or Sikhs) as specified in
Article 44 of the Indian Constitution. However, with the passage of Anand Marriage
(Amendment) Bill in 2012, Sikhs now also have their own personal law related to marriage.
A Marriage (Arya Samaj Marriage or an arranged Marriage) is directly registered by the
Registrar of Marriage under section 8 of Hindu Marriage Act-1955 on the same working day.
Verification of all the documents is carried out on the date of application and thereafter Marriage
is registered on the same working day by the registrar of marriage appointed by the Govt. of
India and marriage certificate is issued.

Hindu view of marriage

According to Hinduism, marriage is a sacred relationship. In some Hindu systems of marriage,
there is no role for the state as marriage remained a private affair within the social
realm.[8] Within this traditional framework reference, marriage is undoubtedly the most
important transitional point in a Hindu’s life and the most important of all the Hindu
‘’sanskaras’’ (life-cycle rituals).[8] The Congress Government diluted the Hindu Marriage in
1955 by enactment of HMA and then in 1983 by introduction of 498A. Special Marriage Act in
2000. Therefore there was fierce religious opposition to enacting such laws for marriage,
succession and adoption. The greatest opposition was to the provision of divorce, something
which is anathema to the Hindu religion. Also resisted was the principle of equal inheritance by
sons and daughters regardless of whether the daughter was married or unwed. This was contrary
to the Hindu view of family, where married daughters were regarded as belonging to the family
of their husband, not to the family of their father.
Some have argued that Hindu marriage cannot be subjected to legislative
intervention. Derrett predicted in his later writings that despite some evidence of modernization,
the dominant view in Hindu society for the foreseeable future would remain that marriage is a
form of social obligation.
Conditions
Section 5 of Hindu Marriage Act, 1955 states:-
"Section 5. A marriage may be solemnized between any two Hindus, if the following
conditions are fulfilled, namely-

1. neither party has a spouse living at the time of the marriage

2. at the time of the marriage, neither party-
a. is incapable of giving a valid consent to it in consequence of unsoundness of
mind; or
b. though capable of giving a valid consent, has been suffering from mental disorder
of such a kind or to such an extent as to be unfit for marriage and the procreation
of children;
3. the bridegroom has completed the age of twenty-one years and the bride the age of
eighteen years at the time of the marriage;
4. the parties are not within the degrees of prohibited relationship unless the custom or
usage governing each of them permits of a marriage between the two;
5. the parties are not sapindas of each other, unless the custom or usage governing each of
them permits of a marriage between the two."

Guardianship
Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Wherever the
consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to
give such consent are the following: the father; the mother; the paternal grandfather; the paternal
grandmother; the brother by full blood; the brother by half blood; etc. The Guardianship For
Marriage was repealed in 1978 after the Child Marriage Restraint Amendment was passed. This
was an amendment that increased the minimum age requirement for marriage in order to prevent
child marriages.

Section
Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Hindu
marriage may be solemnized in accordance with the customary rites and ceremonies of either
party. Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom
and the bride jointly before the sacred fire. The marriage becomes complete and binding when
the seventh step is taken.

Registration
As stated in Section 8 of the Act, the state government may make rules for the registration of
Hindu marriages that the parties to any of such marriages may have particulars relating to their
marriages entered in such a manner and subject to such conditions as may be prescribed in the
Hindu Marriage Register. This registration is for the purpose of facilitating the proof of Hindu
marriages. All rules made in this section may be laid before the state legislature. The Hindu
Marriage Register should be open for inspection at all reasonable times and should be admissible
as evidence of the statements contained therein.
Nullity of marriage and divorce
Any marriage can be voidable and may be annulled on the following grounds: the marriage has
not been consummated due to impotency,may be complete or partial impotency (for example
conditions such as impotence quoad hoc), contravention of the valid consent mental illness
condition specified iSection 5, or that the respondent at the time of the marriage was pregnant by
someone other than the petitioner. Divorce can be sought by husband or wife on certain grounds,
including: continuous period of desertion for two or more years, conversion to a religion other
than Hindu, mental abnormality, venereal disease, and leprosy. A wife can also present a petition
for the dissolution of marriage on the ground of if the husband marries again after the
commencement of his first marriage or if the husband has been guilty of rape, sodomy, or
bestiality. Newly married couples cannot file a petition for divorce within one year of marriage.

Supreme Court ruling in 2012

The Supreme Court of India exercised its powers under Article 142 of the Constitution of India
and ruled in August 2012 that marriages can be ended by mutual consent before expiry of the
cooling period of six months stipulated in the Hindu Marriage Act, 1955. Section 13-B of the
Hindu Marriage Act provides for the couple seeking divorce through mutual consent to wait for a
period of six months after making first joint application for divorce. It is only after the expiry of
the six months that the couple can move second application for the dissolution of their marriage.
Pronouncing the judgment, Justice Altamas Kabir said: "It is no doubt true that the legislature
had in its wisdom stipulated a cooling period of six months from the date of filing of a petition
for mutual divorce till such divorce is actually granted, with the intention that it would save the
institution of marriage. But there may be occasions when in order to do complete justice to the
parties it becomes necessary for this court to invoke its powers under Article 142 in an
irreconcilable situation (between the couple). When it has not been possible for the parties to live
together and to discharge their marital obligations towards each other for more than one year, we
see no reason to continue the agony of the parties for another two months."

Marriage Laws (Amendment) Bill, 2010

Based on recommendations of the Law Commission, a legislation was proposed. The Marriage
Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage
Act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was
introduced in the parliament in 2012. The Bill replaces the words "not earlier than six months" in
Section 13-B with the words "Upon receipt of a petition."
It also provides a better safeguard to wives by inserting section 13D by which the wife may
oppose the grant of a decree on the ground that the dissolution of the marriage will result in
grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the
marriage.
New section 13E provides restriction on decree for divorce affecting children born out of
wedlock and states that a court shall not pass a decree of divorce under section 13C unless the
court is satisfied that adequate provision for the maintenance of children born out of the marriage
has been made consistently with the financial capacity of the parties to the marriage.
Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act,
1954 by replacing the words "not earlier than six months" in Section 28 with the words "Upon
receipt of a petition" and provides restriction on decree for divorce affecting children born out of
wedlock.
However, there was strong opposition to this bill due to the objection that it will create hardships
for women and that the bill strongly supports one party while both parties should be treated equal
in divorce. Therefore, the bill was amended to provide for the wife's consent for waiver of six-
month notice with the words "Upon receipt of petitions by the husband and the wife."
The Bill was passed by the Rajya Sabha in 2013 though it was not passed in the Lok Sabha.
There was widespread protest against the bill. Hridaya, a Kolkata-based NGO, demonstrated
against the bill. Amartya Talukdar (a prominent Men's Right Activist) raised concern that the bill
introduces no-fault divorce for Hindus only. According to him, "If the Government really wants
to bring about empowerment of women, let them make it open for all sections of the society. Let
them bring a uniform civil code. Why is it only for the Hindus?"
6. Special Marriage Act, 1954

The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a
special form of marriage for the people of India and all Indian nationals in foreign countries,
irrespective of the religion or faith followed by either party.[1] The Act originated from a piece of
legislation proposed during the late 19th century. Marriages solemnized under Special Marriage
Act are not governed by personal laws.
In 1872 Act III, 1872 was enacted but later it was found inadequate for certain desired reforms,
and Parliament enacted a new legislation. Henry Sumner Maine first introduced Act III of 1872,
which would permit any dissenters to marry whomever they chose under a new civil marriage
law. In the final wording, the law sought to legitimize marriages for those willing to renounce
their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion").
It can apply in inter-caste and inter-religion marriages. Overall, the response from local
governments and administrators was that they were unanimously opposed to Maine's Bill and
believed the legislation encouraged marriages based on lust, which would inevitably lead to
immorality.
The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major
objectives:

1. To provide a special form of marriage in certain cases,

2. to provide for registration of certain marriages and,
3. to provide for divorce.

Applicability

1. Any person, irrespective of religion.

 2. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform
marriage under the Special Marriage Act, 1954.
3. Inter-religion marriages are performed under this Act.
4. This Act is applicable to the entire territory of India and extends to intending spouses
who are both Indian nationals living abroad.
5. Indian national living abroad.

Requirements

1. The marriage performed under the Special Marriage Act, 1954 is a civil contract and
accordingly, there need be no rites or ceremonial requirements.
2. The parties have to file a Notice of Intended Marriage in the specified form to the
Marriage Registrar of the district in which at least one of the parties to the marriage has
resided for a period of not less than thirty days immediately preceding the date on which
such notice is given.
3. After the expiration of thirty days from the date on which notice of an intended marriage
has been published, the marriage may be solemnised, unless it has been objected to by
any person.
4. The marriage may be solemnised at the specified Marriage Office.
5. Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be
my lawful wife (or husband)," in the presence of the Marriage Officer and three
witnesses.

Conditions for marriage

1. Each party involved should have no other subsisting valid marriage. In other words, the
resulting marriage should be monogamous for both parties.
2. The groom must be at least 21 years old; the bride must be at least 18 years old.
3. The parties should be competent in regard to their mental capacity to the extent that they
are able to give valid consent for the marriage.
4. The parties should not fall within the degree of prohibited relationship.
Court Marriage is a union of two soul where oath ceremony is performed according to Special
Marriage Act-1954 before the Registrar of Marriage in the presence of three witnesses thereafter
a court marriage certificate is issued directly by the Registrar of Marriage appointed by the Govt.
of India. Frankly speaking marriage is solemnised between man and women before the court of
law.
Succession to the property
Succession to the property of person married under this Act or customary marriage registered
under this Act and that of their children, are governed by Indian Succession Act. However, if the
parties to the marriage are Hindu, Buddhist, Sikh or Jain religion, the succession to their property
will be governed by Hindu succession Act. The Supreme Court of India, in 2006, made it
required to enroll all relational unions. In India, a marriage can either be enlisted under the Hindu
Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is
pertinent to Hindus, though the Special Marriage Act is appropriate to all residents of India
regardless of their religion applicable at Court marriage
7. Child Marriage Restraint Act

The Child Marriage Restraint Act, 1929, passed on 28 September 1929, in the Imperial
Legislative Council of India, fixed the age of marriage for girls at 14 years and boys at 18 years
which was later amended to 18 for girls and 21 for boys. It is popularly known as the Sarda Act,
after its sponsor Harbilas Sarda. It came into effect six months later on 1 April 1930 and applied
to all of British India. It was a result of social reform movement in India. Despite strong
opposition from the British authorities, the legislation was passed by the British Indian
Government which had a majority of Indians.[4] However, it lacked implementation from the
British Indian government, largely due to the fear of British authorities losing support from their
loyal Hindu and Muslim communalist groups.

Legislation process
Various bills addressing questions on the age of consent were introduced in the Indian
legislatures and defeated. In 1927, Rai Sahib Harbilas Sarda introduced his Hindu Child
Marriage Bill in the Central Legislative Assembly. Under the pressure of world opinion, the
social reformists in India and Nationalist freedom fighters, the Government referred the Bill to a
select committee named as the Age of Consent Committee headed by Sir Moropant Visavanath
Joshi, the Home Member of Central Provinces. The other members of the committee were Arcot
Ramasamy Mudaliar, Khan Bahadur Mathuk, Mian Imam Baksh Kadu, Mrs. O. Brieri
Beadon, Rameshwari Nehru, Satyendra Chandra Mitra, Thakur Dass Bhargava, Maulvi
Muhammad Yakub, Mian Sir Muhammad Shah Nawaz and M. D. Sagane as Secretary.
The All India Women's Conference, Women's Indian Association and National Council of
Women in India, through their members developed and articulated the argument in favour of
raising of the age for marriage and consent before the Joshi Committee. Muslim women
presented their views to the Joshi Committee in favour of raising the age limit of marriage even
when they knew that they would face opposition from Muslim Ulemas.
The Joshi Committee presented its report on 20 June 1929 and was passed by the Imperial
Legislative Council on 28 September 1929 and became a law on 1 April 1930 extending to the
whole of British India. It fixed 14 and 18 as the marriageable age for girls and boys respectively
of all communities.

Significance
The Child Marriage Restraint Act was the first social reform issue which was taken up by the
organized women in India. They played a major role in the development of argument and
actively used the device of political petition and in the process contributed in the field of politics.
Pro-reform politicians, such as Motilal Nehru, were caught off guard when the organized
women's association met with leaders to ask for their support in the bill. The all-India women's
association pressured politicians for their support in the bill, standing outside their delegations
holding placards and shouting slogans such as 'if you oppose Sarda's bill, the world will laugh at
you'. It was also this group who pushed for, and eventually succeeded in having Gandhi address
the evils of child marriage in his speeches. Victory for the bill can be credited to the women's
association, who presented the act as a means for India to demonstrate its commitment to
modernity.[8] Women in India were now challenging the double standards set in place by
ancient shastras. Declaring they would begin to make their own laws, free of male influence, the
women's organization brought liberal feminism to a forefront.
Although this is a victory for the women's movement in India, the act itself was a complete
failure. In the two years and five months it was an active bill, there were 473 prosecutions, of
which only 167 were successful. The list goes on with 207 acquittals, with 98 cases still pending
during August 1932. Out of the 167 successful prosecutions, only 17 or so did either all of or part
of their sentence. The majority of cases were in Punjab and the United Provinces.
A 1931 census was available to the public during the summer of 1933 in order to give a status
report of how the bill was doing: the number of wives under fifteen had increased from 8.5
million to 12 million, but the number of husbands under the age of fifteen had gone from 3 to
more than 5 million. The number of wives under the age of five had quadrupled (originally the
numbers were about 218,500, which then shot up to 802,200). The percentage of widowed
children had decreased from about 400,000 to about 320,000. Though these numbers are
startling, during the six months between when it was passed and when it became an active bill,
it's suggested that only about three million girls and two million boys were forced into a child
marriage; the largest percent of these marriages were between Muslim children. The bill's census
report, however, shows that the law reached and affected the masses, even if the numbers are
very slight.
However, the Act remained a dead letter during the colonial period of British rule in India. As
per Jawaharlal Nehru, this was largely due to the fact that the colonial British government did
nothing to propagate awareness of it, especially in smaller towns and villages of India. In
his autobiography, Nehru elucidates that this was largely due to the fact that the British did not
want to earn the displeasure of the communal elements among the Hindus and Muslims. In the
1930s, the only parties in India that continued to support the British rule were these communal
groups. The British government did not wish to lose their support, hence they completely
avoided implementing this and similar social reforms, instead focusing their attention on
preventing the Indian freedom movement. Thus their infamous "Dual Policy" which prevented
any significant social reform in India.
8. Dowry system in India
The dowry system in India refers to the durable goods, cash, and real or movable property that
the bride's family gives to the bridegroom, his parents, or his relatives as a condition of
the marriage. Dowry stemmed from India's skewed inheritance laws, and the Hindu Succession
Act needed to be amended to stop the routine disinheritance of daughters. Dowry is essentially in
the nature of a payment in cash or some kind of gifts given to the bridegroom's family along with
the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils
and other household items that help the newlyweds set up their home. Dowry is referred to
as Dahez in Arabic.[5] In far eastern parts of India, dowry is called Aaunnpot.

Wedding gifts for the son of the Imam of Delhi, India, with soldiers and 2000 guests
The dowry system can put great financial burden on the bride's family. In some cases, the dowry
system leads to crime against women, ranging from emotional abuse and injury to even
deaths. The payment of dowry has long been prohibited under specific Indian laws including the
Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of the Indian Penal
Code.
A court judgement clarifies the legal definition of dowry as
"Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a demand for
property of valuable security having an inextricable nexus with the marriage, i.e., it is a
consideration from the side of the bride's parents or relatives to the groom or his parents and/or
guardian for the agreement to wed the bride-to-be.
The Dowry Prohibition Act, 1961 article 3 specifies that the penalty for giving or taking dowry
does not apply to presents which are given at the time of a marriage to the bride or bridegroom,
when no demand for them have been made.
Although Indian laws against dowries have been in effect for decades, they have been largely
criticised as being ineffective. The practice of dowry deaths and murders continues to take place
unchecked in many parts of India and this has further added to the concerns of enforcement.
Section 498A of the Indian Penal Code required the bridegroom and his family to be
automatically arrested if a wife complains of dowry harassment. The law was widely abused and
in 2014, the Supreme Court ruled that arrests can only be made with a magistrate's approval

Laws against dowry

The first all-India legislative enactment relating to dowry to be put on the statute book was The
Dowry Prohibition Act, 1961 and this legislation came into force from 1 July 1961. It marked the
beginning of a new legal framework of dowry harassment laws effectively prohibiting the
demanding, giving and taking of dowry. Although providing dowry is illegal, it is still common
in many parts of India for a husband to seek a dowry from the wife's family and in some cases,
this result in a form of extortion and violence against the wife.
To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his
relatives against the wife, new provisions were added to the Indian criminal law – section
498A[59] to Indian Penal Code and section 198A to the Criminal Procedure Code in 1983. In
2005, the Protection of Women from Domestic Violence Act was passed, which added an
additional layer of protection from dowry harassment. Although the changes in Indian criminal
law reflect a serious effort by legislators to put an end to dowry-related crimes, and although
they have been in effect for many years now, they have been largely criticised as being
ineffective.[11]
Dowry Prohibition Act, 1961
The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on
certain states. This legislation provides for a penalty in section 3 if any person gives or takes or
abets giving or receiving of dowry. The punishment could be imprisonment for minimum 5 years
and a fine more than ₹15,000 or the value of the dowry received, whichever is higher. Dowry in
the Act is defined as any property or valuable security given or agreed to be given in connection
with the marriage. The penalty for giving or taking dowry is not applicable in case of presents
which are given at the time of marriage without any demand having been made.
The Act provides the penalty for directly or indirectly demanding dowry and provides for a
penalty involving a prison term of not less than 6 months and extendable up to two years along
with a fine of ₹10,000. Dowry agreements are void ab initio and if any dowry is received by
anyone other than the woman, it should be transferred to the woman. The burden of proving that
an offense was not committed is on the persons charged and not on the victim or her
family. Under its powers to frame rules for carrying out its objectives under the Act, the
government of India has framed the Maintenance of Lists of Presents to the Bride and the
Bridegroom Rules, 1985. There are also several state level amendments to the Dowry Prohibition
Act.
Criminal statutes – Indian Penal Code, Criminal Procedure Code and Evidence Act
The Indian criminal laws were comprehensively amended to include dowry as a punishable
offence. Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made
dowry death a specific offence punishable with a minimum sentence of imprisonment for 7
years and a maximum imprisonment for life. It provided that if the death of a woman is
caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of
her marriage, and there's evidence to show that before her death, she was subjected to
cruelty or harassment by her husband or his relative regarding the demand for dowry,
then the husband or the relative shall be deemed to have caused her death.
Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional
presumption of dowry death when it is shown that before her death, the woman had been
subjected to cruelty on account of dowry demand. Section 304B IPC along with Section 113B of
the Evidence Act have enabled the conviction of many who were not caught by the Dowry
Prohibition Act, 1961. Section 113A of the Evidence Act provides a similar presumption of
abetment of suicide (which is an offense under Section 306 IPC), in case of death of a married
woman within a period of seven years of her marriage.
Additionally, the judiciary also includes a murder charge under Section 302 IPC as this allows
courts to impose death penalty on perpetrators of the offence. Section 406 IPC, pertaining to
offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed
to be for the benefit of the woman and her heirs.
Further, Section 498A IPC was specifically included in 1983 to protect women from cruelty and
harassment. The constitutionality of Section 498A was challenged before the Supreme Court of
India on grounds of abuse, on grounds that it gave arbitrary power to the police and the court.
However, it was upheld in Sushil Kumar Sharma v. Union of India (2005). The Code of Criminal
Procedure, 1973 provides that for the prosecution of offences under Section 498A IPC, the courts
can take cognizance only when it receives a report of the facts from the police or upon a
complaint being made by the victim or her family.
11. Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 ("Domestic Violence Act") was
passed in order to provide a civil law remedy for the protection of women from domestic
violence in India. The Domestic Violence Act encompasses all forms of physical, verbal,
emotional, economic and sexual abuse and forms a subset of the anti-dowry laws to the extent it
is one of the reasons for domestic violence. Section 3 of the Domestic Violence Act specifically
incorporates all forms of harassment, injury and harms inflicted to coerce a woman to meet an
unlawful demand for dowry. Some of the common remedies under the Domestic Violence Act
include:

 protection orders – prohibiting a person from committing domestic violence;

 residence orders – dispossessing such person from a shared household;
 custody orders – granting custody of a child; and
 compensation orders – directing payment of compensation.
International conventions
India is a party to several international human rights instruments which provide theoretical
remedies to the dowry problems. These international conventions include the Universal
Declaration of Human Rights ("UDHR"), International Covenant on Civil and Political
Rights ("ICCPR"), the International Covenant on Economic, Social, and Cultural
Rights ("ICESCR"), the Convention on the Elimination of All Forms of Discrimination Against
Women ("CEDAW"), and the Convention on the Rights of the Child ("CRC"). CEDAW codifies
the rights most relevant to the discussion of dowry-related violence: the rights of women.
However, there are issues of non-intervention and cultural relativism which impede the use
of international law to combat dowry deaths.

Criticisms on the enforcement of dowry laws

Although Indian laws against dowries have been in effect for decades, they have been largely
criticised as being ineffective. Despite the Indian government's efforts, the practice of dowry
deaths and murders continues to take place unchecked in many parts of India and this has further
added to the concerns of enforcement. There is criticism by women's groups that India's dowry
harassment laws are ineffective because the statutes are too vague, the police and the courts do
not enforce the laws and social mores keep women subservient and docile, giving them a
subordinate status in the society.
Further, many women are afraid to implicate their husbands in a dowry crime simply because the
Indian society is viewed as having conditioned women to anticipate or expect abuse and in some
sense eventually, endure it. While the laws give great powers, they are not effectively enforced
by the police or by courts. It can take up to 10 years for a case to go to court and even once in
court, husbands and in-laws end up getting away with extortion or even murder because the
women and their families cannot prove 'beyond reasonable doubt' that they are the victims of
such crimes, as there are rarely any outside witnesses. Moreover, when deaths occur
through bride burning, evidence itself is usually lost in flames.

Criticisms on the abuse of dowry laws

There is growing criticism that the dowry laws are often being misused, particularly section
498A IPC which is observed by many in India as being prone to misuse because of mechanical
arrests by the police. According to the National Crime Records Bureau statistics, in 2012, nearly
200,000 people including 47,951 women were arrested in regard to dowry offences. However,
only 15% of the accused were convicted.
In many cases of 498a, huge amounts of dowry are claimed without any valid reasoning. A
rickshaw puller's wife can allege that she gave crores of money as dowry and since it is
a cognizable case, police are bound to register the case. And in most cases, the capacity of the
wife or her parents and the source of the funds are never tracked.
The Nisha Sharma dowry case was an anti-dowry lawsuit in India. It began in 2003 when
Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry. The case got
much coverage from Indian and international media. Nisha Sharma was portrayed as a youth
icon and a role model for other women. The case ended in 2012, after the court acquitted all
accused. The Chief Justice Magistrate observed that Nisha was in a relationship with another
person Navneet, who she really wanted to marry.
Section 498A IPC was challenged but upheld by the Supreme Court of India in 2005. In 2010,
the Supreme Court lamented about the possible misuse of anti-dowry laws in Preeti Gupta &
Another v. State of Jharkhand & Another and recommended a detailed investigation. Based on
the Supreme Court's observations, the Indian parliament set up a committee headed by Bhagat
Singh Koshyari. In July 2014, in the case of Arnesh Kumar v. State of Bihar & Anr., a two-judge
bench of the Supreme Court reviewed the enforcement of section 41(1)(A) of CrPC which
instructs state of following certain procedure before arrest, and went on to observe that the 498A
had become a powerful weapon in the hands of disgruntled wives where innocent people were
arrested without any evidence due to non-bailable and cognizable nature of the law. The decision
received criticism from feminists because it weakened the negotiating power of women. Others
welcomed the decision as landmark judgment to uphold the human rights of innocent people. An
organization Save Indian Family Foundation was founded to combat abuses of IPC 498a.
On 19 April 2015, the Indian government sought to introduce a bill to amend Section 498A IPC
based on the suggestions of the Law Commission and Justice Malimath committee on reforms
of criminal justice. News reports indicate that the proposed amendment will make the offence
compoundable and this would facilitate couples to settle their disputes.
 9. Maternity Benefit (Amendment) Act, 2017

The Maternity (Amendment) Bill 2017,an amendment to the Maternity Benefit Act, 1961, was
passed in Rajya Sabha on August 11, 2016; in Lok Sabha on March 09, 2017, and received an
assent from President of India on March 27, 2017.
The provisions of The Maternity Benefit (Amendment) Act, 2017 are effective from April 1,
2017. However, provision on crèche facility (Section 111 A) shall be effective from July 1, 2017.
The Maternity Benefit Act 1961 protects the employment of women during the time of her
maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take
care for her child. The act is applicable to all establishments employing 10 or more employees.
Applicability
The Act is applicable to all establishments which are factories, mines, plantations, Government
establishments, shops and establishments under the relevant applicable legislations, or any other
establishment as may be notified by the Central Government.

Eligibility
As per the Act, to be eligible for maternity benefit, a woman must have been working as an
employee in an establishment for a period of at least 80 days in the past 12 months. Payment
during the leave period is based on the average daily wage for the period of actual absence.

Key Amendments

 Increased Paid Maternity Leave:

The Maternity Benefit Amendment Act has increased the duration of paid maternity leave
available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity
Benefit Amendment Act, this benefit could be availed by women for a period extending up to a
maximum of 8 weeks before the expected delivery date and the remaining time can be availed
post childbirth. For women who are expecting after having 2 children, the duration of paid
maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

 Maternity leave for adoptive and commissioning mothers:

Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three
months from the date of adoption as well as to the “commissioning mothers”. The
commissioning mother has been defined as biological mother who uses her egg to create an
embryo planted in any other woman.

 Work from Home option:

The Maternity Benefit Amendment Act has also introduced an enabling provision relating to
"work from home" for women, which may be exercised after the expiry of the 26 weeks' leave
period. Depending upon the nature of work, women employees may be able to avail this benefit
on terms that are mutually agreed with the employer.

 Crèche facility:
The Maternity Benefit Amendment Act makes crèche facility mandatory for every establishment
employing 50 or more employees.[4] Women employees would be permitted to visit the crèche 4
times during the day (including rest intervals)
The Maternity Benefit Amendment Act makes it mandatory for employers to educate women
about the maternity benefits available to them at the time of their appointment.

Criticism

 Gender discrimination against women having childbearing age:

Policy design is important and making such leave an employer mandate, as in India, ensures
employers will discriminate against women of childbearing age. Additional requirements like
creche facilities require more capital and operating expenditure. It won’t come as a surprise that
some companies in India might shy away from hiring young women. When they do, the women
might face a reduction in compensation as firms compensate for higher lifetime costs.

 Types of burden on the employer:

Employers have to bear the entire cost of providing leave to employees—in terms of both
continued pay while on leave, as well as the indirect cost of having to get the work done by
employing other workers to finish the work of the absent employee. Also, it increases the cost of
temporary training provided to the employee which is employed on behalf of the absent
employee.[5]

 Women will lose their jobs:

Regarding how the bulk of employment is in the informal sector, Teamlease estimates, that 11-
18 lakh jobs for women will be lost because of the implementation of the Act, over the first four
years.[6]

 Financial burden only on employer:

In most countries, the cost of maternity leave is shared by the government, employer, insurance
agency and other social security programmes. In Singapore, for example, the employer bears the
cost for 8 weeks and public funds for 8 weeks. In Australia and Canada, public funds bear the
full cost. A social insurance scheme bears the cost in France. In Brazil, it shared by the
employer, employee and the government.
10. Equal Remuneration Act, 1976
In 1976, the Equal Remuneration Act was passed with the aim of providing equal remuneration
to men and women workers and to prevent discrimination on the basis of gender in all matters
relating to employment and employment opportunities. This legislation not only provides women
with a right to demand equal pay, but any inequality with respect to recruitment processes, job
training, promotions, and transfers within the organization can also be challenged under this
Act. However, its scope does not extend to situations where: (i) a woman is attempting to comply
with the requirements of laws giving women special treatment; and (ii) a woman is being
accorded special treatment on account of the birth of a child, or the terms and conditions relating
to retirement, marriage or death. Companies and individual employers can both be held
accountable to maintain the standards prescribed under this Act. In various cases, the Supreme
Court of India has also held that discrimination on the basis of gender only arises when men and
women perform the same work or work of a similar nature. However, it clarified that a flexible
approach is required to be taken while deciding which kinds of work may be similar by
considering the duties actually performed as a part of the job, and not the duties potentially
capable of being performed
11. Protection of Women from Domestic Violence Act, 2005

This article is about Indian law.

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of
India enacted to protect women from domestic violence. It was brought into force by the Indian
government from 26 October 2006. The Act provides for the first time in Indian law a definition
of "domestic violence", with this definition being broad and including not only physical
violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse.
It is a civil law meant primarily for protection orders and not for meant to be enforced criminally.

Definitions
The Protection of Women from Domestic Violence Act 2006 different from the provision of the
Penal Code - section 498A of the Indian Penal Code - in that it provides a broader definition of
domestic violence.[1]
Domestic violence is defined by Section 3 of the Act as "any act, omission or commission or
conduct of the respondent shall constitute domestic violence in case it:

1. 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
2. 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
3. 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
 4. otherwise injures or causes harm, whether physical or mental, to the aggrieved person."
The Act goes on, through the section Explanation 1, to define "physical abuse","sexual abuse",
"verbal and emotional abuse" and "economic abuse".

Scope
Primarily meant to provide protection to the wife or female live-in partner from domestic
violence at the hands of the husband or male live-in partner or his relatives, the law also extends
its protection to women living in a household such as sisters, widows or mothers. Domestic
violence under the act includes actual abuse or the threat of abuse whether physical, sexual,
verbal, emotional or economic.[1] Harassment by way of unlawful dowry demands to the woman
or her relatives would also be covered under this definition.
The salient features of the Protection from Domestic Violence Act, 2005 are as follows:

 The Act seeks to cover those women who are or have been in a relationship with the abuser
where both parties have lived together in a shared household and are related by
consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition
relationship with family members living together as a joint family are also included. Even
those women who are sisters, widows, mothers, single women, or living with them are
entitled to get legal protection under the proposed Act.
 "Domestic violence" includes actual abuse or the threat of abuse that is physical, sexual,
verbal, emotional and economic. Harassment by way of unlawful dowry demands to the
woman or her relatives would also be covered under this definition.
 One of the most important features of the Act is the woman’s right to secure housing. The
Act provides for the woman’s right to reside in the matrimonial or shared household,
whether or not she has any title or rights in the household. This right is secured by a
residence order, which is passed by a court. These residence orders cannot be passed against
anyone who is a woman.
 The other relief envisaged under the Act is that of the power of the court to pass protection
orders that prevent the abuser from aiding or committing an act of domestic violence or any
other specified act, entering a workplace or any other place frequented visited by the abused,
attempting to communicate with the abused, isolating any assets used by both the parties and
causing violence to the abused, her relatives and others who provide her assistance from the
domestic violence.
 The draft Act provides for appointment of Protection Officers and NGOs to provide
assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
 The Act provides for breach of protection order or interim protection order by the respondent
as a cognizable and non-bailable offence punishable with imprisonment for a term which
may extend to one year or with fine which may extend to twenty thousand rupees or with
both. Similarly, non-compliance or discharge of duties by the Protection Officer is also
sought to be made an offence under the Act with similar punishment.
While "economic abuse" includes deprivation of all or any economic or financial resources to
which the victim is entitled under any law or custom whether payable under an order of a Court
or otherwise or which the victim requires out of necessity including, but not limited to,
household necessities for the aggrieved person and her children, if any, stridhan, property, jointly
or separately owned by her, payment of rental related to the shared household and maintenance
and disposal of household effects, any alienation of assets whether movable or immovable,
valuables, shares, securities, bonds and the like or other property in which the victim has an
interest or is entitled to use by virtue of the domestic prelationship or which may be reasonably
required by the victim or her children or her sthridhan or any other property jointly or separately
held by the victim and prohibition m restriction to continued access to resources or facilities
which the victim is entitled to use or enjoy by virtue of the domestic relationship including
access to the shared household, "physical abuse" means any act or conduct which is of such a
nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or
development of the victim and includes assault, criminal intimidation and criminal force.

Application to the magistrate

An application regarding domestic violence can be presented to the magistrate seeking one or
more reliefs mentioned in sections by:

 The aggrieved person,

 Protection officer on behalf of aggrieved person
 Any other person on behalf of aggrieved person
Jurisdiction of court
The first class magistrate court or metropolitan court shall be the competent court within the
local limits of which

 The aggrieved person permanently or temporary resides or carries on business or is

employed
 The respondent permanently or temporally resides or carries on business or is employed or
 The cause of action arises.
Any order made under this Act shall be enforceable throughout India While disposing
application the magistrate shall take in to consideration any domestic incident report received
from the protection officer or service provider. The relief sought under this section includes the
issuance of order of payment or compensation or damages without prejudice to the right of such
person to institute suit for compensation or damages for injuries caused by the act of domestic
violence. If the magistrate is satisfied that an application prima facie discloses that the
respondent is committing or has committed an act of domestic violence or there is a likelihood of
such violence, he may grant following exparte interim order against the respondent on the basis
of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection
order, residence order, monetary relief, custody order or compensatory orders as per the
circumstances of the case.
In case of an earlier decree of compensation or damages passed by any other court, in favour of
aggrieved person, the amount if any paid shall be set off against the order of amount payable
under this act. The application to the magistrate shall be as nearly possible to the formats
prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the
date of first hearing within 3 days and the magistrate shall endeavor to dispose of every
application be within a period of 60 days of the first hearing. The notice of the date of hearing
shall be given by the magistrate to the protection officer who shall get it served to the
respondent. At any stage of the application, the magistrate may order, counselling of the
respondent or aggrieved person either singly or jointly with any member of service provider. The
magistrate may secure the service of suitable person preferably a woman including a person
engaged in the welfare of women for assisting the court in the discharge of its function. If the
circumstance of the case so warrant and if either party so desires the magistrate may conduct the
proceedings on camera.

Different kinds of order issued by the Magistrate

Protection orders
After giving an opportunity to the aggrieved person and respondent of being heard and the
magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to
take place, pass a protection order in favour of the aggrieved person prohibiting the respondent
from the following acts such as committing any acts of domestic violence

 Aiding or abetting in the act of domestic violence

 Entering the place of employment of aggrieved person or if the person is child, its school or
any other places
 Attempting to communicate in any form including personal, oral or written, electronic or
telephonic contact
 Alienating any assets, operating bank account, bank locker held or enjoyed by both parties
jointly or singly by the respondent including her sthridhan
 Causing violence to the dependents, or other relative or any other person who give the
assistance to the aggrieved person or
 Committing any other acts specified by the protection officer
Residence orders
The magistrate being satisfied that a domestic violence has taken place, pass residence order-

 Restraining the respondent from dispossessing or in any manner disturbing the peaceful
possession of the shared household
 Directing the respondent to remove himself from the shared household
 Restraining the respondent or his relatives from entering any portion of the shared house
hold where the aggrieved person lives
 Restraining the respondent from alienating or disposing of the shared house hold or
encumbering it
 Restraining the respondent from renouncing his right in the shared household
 Directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her or to pay rent for the same if the circumstances so require.
No order shall be made against women under this section. Magistrate may impose additional
condition and pass any other order to protect the safety of the aggrieved person or her child.
Magistrate is also empowered to order direction the concerned station house officer of the police
station to give protection to the aggrieved person to assist in implementing his order. Magistrate
may also impose on the respondent to direct stridhan or any other property or valuable security
she is entitled
Monetary relief
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the
aggrieved person and any child as a result of domestic violence and such relief include

 Loss of earnings
 Medical expenses
 Loss caused due to destruction or removal or damage of any property
 Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal
procedure code or any other law.
The quantum of relief shall be fair reasonable and consistent with the standard of living to which
the aggrieved person is accustomed to. Magistrate can order a lump sum amount also. On failure
of the respondent to make payment of this order, magistrate shall order employer or debtor of the
respondent to directly pay to the aggrieved person or to deposit in the court a portion of the
salary or wage due to the respondent. Magistrate can order a lump sum amount also. On failure
of the respondent to make payment of this order, magistrate shall order employer or debtor of the
respondent to directly pay to the aggrieved person or to deposit in the court a portion of the
salary or wage due to the respondent.
Custody orders
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the
person making application on her behalf and specify the arrangements for visit of such child by
the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful
to the interest of the child.
Compensation orders
Magistrate may pass order directing the respondent to pay compensation to the petitioner for
injuries including mental torture and emotional distress caused by the acts of domestic violence
committed by the respondent.
Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned
and police officer and service provider
Any relief available under this Act may also be sought in any other legal proceedings before a
civil court,family court or criminal court and such relief may be sought in addition to and along
with relief sought for in suit, or legal proceeding before civil or criminal court.

Criticism
Somehave criticized the law as having too little force, serving chiefly as a civil, rather than
criminal, law—requiring a further offense by the accused respondent (such as violating a
Protection Order issued under this law) before triggering criminal law sanctions against the
respondent (such as arrest and imprisonment). There are several gaps in the implementation of
laws. However, groups involved in drafting the law believed this would provide more rapid and
flexible relief for the victim.
Men's organizations such as the Save Indian Family Foundation have opposed the law, arguing
that it might be misused by women during disputes. It has been noticed by women's groups that
such claims emerge only when special provisions are made for the marginalised.
Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in
a Hindustan Times article that "an equal gender law would be ideal. But there is simply too much
physical evidence to prove that it is mainly the woman who suffers at the hands of man".
Former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal
abuse in the act.
According to the then President of India, Pratibha Devisingh Patil, "Another disquieting trend
has been that women themselves have not been innocent of abusing women. At times women
have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-
law, the mother-in-law or female domestic helps. Instances exist whereby protective legal
provisions for the benefit of women have been subjected to distortion and misuse to wreak petty
vengeance and to settle scores. Some surveys have concluded that 90 percent of dowry
complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant
to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair
invocation of legal provisions and their objective and honest implementation."
12. Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their
place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3
September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on
26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into
force from 9 December 2013. This statute superseded the Vishakha Guidelines for prevention of
sexual harassment introduced by the Supreme Court of India. It was reported by the International
Labour Organization that very few Indian employers were compliant to this statute. Most Indian
employers have not implemented the law despite the legal requirement that any workplace with
more than 10 employees need to implement it. According to a FICCI-EY November 2015 report,
36% of Indian companies and 25% among MNCs are not compliant with the Sexual Harassment
Act, 2013. The government has threatened to take stern action against employers who fail to
comply with this law.

Preamble and background

The introductory text of the Act is:
An Act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected
therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to

equality under articles 14 and 15 of the Constitution of India and her right to life and to live with
dignity under article 21 of the Constitution and right to practice any profession or to carry on
any occupation, trade or business which includes a right to a safe environment free from sexual
harassment;

AND WHEREAS the protection against sexual harassment and the right to work with dignity are
universally recognised human rights by international conventions and instruments such as
Convention on the Elimination of all Forms of Discrimination against Women, which has been
ratified on the 25th June, 1993 by the Government of India;

AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for
protection of women against sexual harassment at workplace.

Background and provisions

According to the Press Information Bureau of the Government of India:
The Act will ensure that women are protected against sexual harassment at all the work places,
be it in public or private. This will contribute to realization of their right to gender equality, life
and liberty and equality in working conditions everywhere. The sense of security at the
workplace will improve women's participation in work, resulting in their economic
empowerment and inclusive growth.
The Act uses a definition of sexual harassment which was laid down by the Supreme Court of
India in Vishaka v. State of Rajasthan (1997). Article 19 (1) g of the Indian Constitution affirms
the right of all citizens to be employed in any profession of their choosing or to practice their
own trade or business. Vishaka v. State of Rajasthan established that actions resulting in a
violation of one's rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the
victim’s fundamental right under Article 19 (1) g. The case ruling establishes that sexual
harassment violates a woman's rights in the workplace and is thus not just a matter of personal
injury.[12] This case ruling had issued Vishaka guidelines under Article 32 of the Constitution of
India. The Supreme Court had made it mandatory that these had to be followed by all
originations until a legislative framework on the subject has been drawn-up and
enacted. However, the legislative void continued and the Supreme Court in Apparel Export
Promotion Council v. A.K Chopra ((1999) 1 SCC 759) reiterated the law laid down in the
Vishaka Judgment. Dr. Medha Kotwal of Aalochana (an NGO) highlighted a number of
individual cases of sexual harassment stating that the Vishaka Guidelines were not being
effectively implemented. Converting the letter into a writ petition, the Supreme Court took
cognizance and undertook monitoring of implementation of the Vishaka Guidelines across the
country. The Supreme Court asserted that in case of a non-compliance or non-adherence of the
Vishaka Guidelines, it would be open to the aggrieved persons to approach the respective High
Courts.
The legislative progress of the Act has been a lengthy one. The Bill was first introduced by
women and child development minister Krishna Tirath in 2007 and approved by the Union
Cabinet in January 2010. It was tabled in the Lok Sabha in December 2010 and referred to the
Parliamentary Standing Committee on Human Resources Development. The committee's report
was published on 30 November 2011. In May 2012, the Union Cabinet approved an amendment
to include domestic workers. The amended Bill was finally passed by the Lok Sabha on 3
September 2012. The Bill was passed by the Rajya Sabha (the upper house of the Indian
Parliament) on 26 February 2013. It received the assent of the President of India and was
published in the Gazette of India, Extraordinary, Part-II, Section-1, dated 23 April 2013 as Act
No. 14 of 2013.

Major features

 The Act defines sexual harassment at the work place and creates a mechanism for redressal
of complaints. It also provides safeguards against false or malicious charges.
 The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment' as
forms of sexual harassment if it occurs in connection with an act or behaviour of sexual
harassment.
 The definition of "aggrieved woman", who will get protection under the Act is extremely
wide to cover all women, irrespective of her age or employment status, whether in the
organised or unorganised sectors, public or private and covers clients, customers and
domestic workers as well.
 An employer has been defined as any person who is responsible for management,
supervision, and control of the workplace and includes persons who formulate and
administer policies of such an organisation under Section 2(g).
 While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up
where there is a clear employer-employee relationship, the Act goes much further to include
organisations, department, office, branch unit etc. in the public and private sector, organized
and unorganized, hospitals, nursing homes, educational institutions, sports institutes,
stadiums, sports complex and any place visited by the employee during the course of
employment including the transportation. Even non-traditional workplaces which involve
tele-commuting will get covered under this law.
 The Committee is required to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will be sent to the employer or the District Officer, as
the case may be, they are mandated to take action on the report within 60 days.
 Every employer is required to constitute an Internal Complaints Committee at each office or
branch with 10 or more employees. The District Officer is required to constitute a Local
Complaints Committee at each district, and if required at the block level.
 The Complaints Committees have the powers of civil courts for gathering evidence.
 The Complaints Committees are required to provide for conciliation before initiating an
inquiry, if requested by the complainant.
 The inquiry process under the Act should be confidential and the Act lays down a penalty of
Rs 5000 on the person who has breached confidentiality.
 The Act requires employers to conduct education and sensitisation programmes and develop
policies against sexual harassment, among other obligations.
 Penalties have been prescribed for employers. Non-compliance with the provisions of the
Act shall be punishable with a fine of up to ₹ 50,000. Repeated violations may lead to higher
penalties and cancellation of licence or deregistration to conduct business.
 Government can order an officer to inspect workplace and records related to sexual
harassment in any organisation.
 Under the Act, which also covers students in schools and colleges as well as patients in
hospitals, employers and local authorities will have to set up grievance committees to
 investigate all complaints. Employers who fail to comply will be punished with a fine of up
to 50,000 rupees.

Penal Code
Main article: Criminal Law (Amendment) Act, 2013

Through the Criminal Law (Amendment) Act, 2013, Section 354 A was added to the Indian
Penal Code that stipulates what consists of a sexual harassment offence and what the penalties
shall be for a man committing such an offence. Penalties range from one to three years
imprisonment and/or a fine. Additionally, with sexual harassment being a crime, employers are
obligated to report offences.[21]

Criticism
Brinda Karat, serving in the Rajya Sabha as a Communist Party of India (Marxist) member
for West Bengal, initially complained that the Bill does not cover women in the armed forces and
excludes women agricultural workers, "a gross injustice to agricultural workers who are the
single largest female component of work force in the country." However, the final bill includes
the clause "No woman shall be subjected to sexual harassment at any workplace" (clause 3.1),
and is considered to have addressed those concerns. In the May 2012 draft Bill, the burden of
proof is on the women who complain of harassment. If found guilty of making a false complaint
or giving false evidence, she could be prosecuted, which has raised concerns about women being
even more afraid of reporting offences. Before seeing the final version of the bill, lawyer and
activist Vrinda Grover said, "I hope the Bill does not have provisions for penalizing the
complainant for false complaints. This is the most under-reported crime. Such provision will
deter a woman to come forward and complain." Zakia Soman, a women's rights campaigner
at ActionAid India said that "it helps to have a law and we welcome it, but the crux will lie in its
implementation once it is enacted."
Manoj Mitta of The Times of India complained that Bill does not protect men, saying it "is based
on the premise that only female employees needed to be safeguarded." Nishith Desai Associates,
a law group, wrote a detailed analysis that included concerns about the role of the employer in
sexual harassment cases. They called out the fact that there is no stipulated liability for
employers in cases of employee-to-employee harassment, something upheld in many other
countries. They also viewed the provision that employers are obligated to address grievances in a
timely manner at the workplace as problematic because of potentially uncooperative employees.
Furthermore, the law requires a third-party non-governmental organisation to be involved, which
could make employers less comfortable in reporting grievances, due to confidentiality concerns.
Compliance to this statute has so far been left to the vagaries of the employers and government
has not taken any significant step to enforce the law so far. For example, 6 months after the law
came into effect, the state in UP remained dreadful as women could not participate in the
workforce due to sexual harassment.
Some tribunals have commented on the constitutionality of some of the provisions of the statute,
especially section 4 and Section 7.