Status of women in Pre-Independence and Post Ambedkar had the courage to resign from his post.

After that,
Independence period: many women‟s liberation organizations were formed to give
scope to women‟s intellect, deeds and work force. These
Introduction organizations strive for the holistic development of women by
creating awareness, self-esteem and self-respect.15 Today,
Today, in the 21st century, the attitude of men who call women have proved their mettle in the fields of education,
themselves modern is exceptionally modern in the case of literature, art, politics and sociology.
women. The majority of men look at women from a traditional
point of view. His attitude towards women is at the root of The 20th and 21st centuries are very important for Indian
many of his problems. Not only that, but in the masculine society .This period has literally brought about many radical
society, men are really superior to us, we are inferior, so we changes in the lives of Indian women. During this period, the
feel like we need the protection of men. Therefore, this personality of the woman changed, the social, cultural and
gender based attitude created in the society is causing familial existence of the woman became meaningful. Society‟s
problems in the lives of women. Women and men are attitude towards women is being formed anew. The main
members of society and society looks at them from different thing is that as a woman realizes her self- esteem, a new way
perspectives without looking at them equally. It also treats of looking at her and many things in life is being created. The
them differently without treating them the same way. That is, ability to make decisions about your personality development
society discriminates between men and women. E.g. Women has been acquired in modern times. As a result, one‟s own
should behave like this, men should behave like this, and identity is evolving as one is able to recognize many latent,
society discriminates in many aspects like women‟s dress, suppressed abilities and experiences in one‟s own personality.
women‟s standard of living, men‟s standard of living. The
term gender is used to denote the differences between men Today, women have made their debut in various fields like
and women in society. literature, music, art, politics, administration, drama-film,
education. Today no area is excluded from woman. We have
Pre-independence period tried to ensure our existence by proving our ability to work in
various fields of society. Today, the social and cultural
In Indian society, women were worshiped as mothers and environment around women is changing. In every opportunity
gods; while on the other hand, women were treated as that arises from it, women have proved their existence.
secondary. In the nineteenth century, women had a
secondary place in society and at home. No scope was given Nevertheless, when considering the social status of women in
to her activism. From the beginning of the British rule in India the society and the gender factor in the social stratification,
in the early nineteenth century, a new system of colonialism the gender status is considered. From the British era, the
and capitalism came to the Indians. During this period, the status of Indian women began to improve. In the post-
British tried to prove their moral supremacy by assuming that independence period, conscious efforts were made through
there was an oppressed group called Indian women. Indian various progressive laws, various projects, and opportunities
social reformer Raja ram Mohan Roy first enacted the for women in various fields, etc. Women also tried to raise
Prohibition of Sati Act in 1829 with the help of Lord Betting. their status by developing their abilities. But does a
Recognizing that the main reason for the backwardness of patriarchal society really treat women as equal to men? Is it
Indians was the confinement of women, Mahatma Jyotiba given equal status? It is important to look at this here. During
Phule started the first school for girls in Pune in 1848. This this period, women have tried to prove their existence in
highly revolutionary decision began to change the lives of education, jobs, business, politics, and social activity in the
Indian women.14 Widow Remarriage was later enacted in 1856 post- independence period.
but was not adopted by the then society. Later, Mahatma
Phule set up a child murder prevention home. Mahatma Phule Conclusion
and Savitribai Phule were of the view that widows,
abandoned, destitute women in a society victimized by male In modern times, the place of women in society and the
injustice should not end their lives, and they should give birth problems of women are being discussed on a large scale
to their children in a child prevention home and take the child globally. In India, too, the issue of women is being widely
home if they want or with child murder prevention. considered. Women‟s study centers have been set up at
various colleges, universities, NGOs, etc. to study the place of
Initially, women were educated in the British education women in society, their issues and problems.
system. Pandita Ramabai and Tarabai Shinde shared their
thoughts on the truth-seeking rebellious legacy. A small ___________________________________________
number of women participated in the freedom struggle. Also,
the participation of women in the political, social, economic Female Foeticide : Female Foeticide is the termination of
and educational spheres began to increase. But in the male- female fetuses in the wombs of their mothers, for the selfish
dominated system, the status of women has not changed greed of having a male child. It is a matter of deep shame
much. and a cause of great concern. The evil of Female Foeticide is
deeply entrenched in our society and pervades all classes and
Post-independence period castes of society. It is very heart-wrenching when a family
does not think twice before killing a girl-child, though they
Democracy was adopted after independence. India adopted indulge themselves in praying religiously to Goddess Lakshmi,
an independent constitution. The Constitution gave women Kali, and Durga.
equal status with men. Dr. Babasaheb Ambedkar was elected
as the Law Minister in the Indian Legislative Council. He Even though prenatal sex determination results in fines as it
introduced the Hindu Code Bill in Parliament to achieve is against the law, the civilians somehow find a way or an
equality for women, but it was not accepted by the male- alternative method to detect the gender of the child, leading
dominated leaders of the time. For this, Dr. Babasaheb to bizarre situations as people often terminate the fetus.
Page 1
Despite several laws passed by the government, Female • Some believe that in a male-dominated society, it is
Foeticide is still prevailing and is common in India. It still lies easy to bring up a boy since the safety of the
in the roots of the country, worsening the condition of those females is a big issue, and raising girls involves
women who are getting entangled in this horrific web of trouble.
discriminating society.
• Poverty, illiteracy, and insecurity play a major role in
this.

• In a male-dominated society, females are still

What is Female Foeticide? considered subordinate and inferior to males.

Female Foeticide is a medical procedure where a female fetus

• Some backward families believe that having a boy
child is going to uplift the status of the family.
is aborted in the womb of the pregnant woman after
identifying the gender of the fetus through ultrasound. This • They can demand dowry in marriage from the bride’s
act is illegal in India. It is a social issue that causes unfair family for their son.
treatment of different genders in society. Impact

Facts This illegal practice has affected the scale of the population.
According to the statistics of the General Office for Population
Family Planning, the number of newborn boys and girls is
When women get married, they have many dreams and
unequal because of the discrimination of genders.
aspirations for the new phase of life. They dream of having a Unfortunately, this situation has been persisting for over a
good family and children. In India, however, pregnancy is very long time. The impacts of it on the population are rather
often followed by the question of whether the unborn child is huge. As per the report of the Ministry of Public Health, it is
a girl or a boy. In our country, many people have a major estimated that, despite the attempts to reduce the fluctuation
obsession with sons. They think that a son is a cause for joy between the birth of boys and girls, in 2020 there will be 4.3
and lifetime security, and celebration. They have the view million more men than women which might have huge
repercussions.
that a girl child is a cause of an economic drain as her
marriage and dowry will crush the family under a huge burden Measures to Control
of debts. A lot of measures have been taken to fight against this illegal
practice.
Besides, we live in a patriarchal society where sons will
always be preferred over girls as they are seen as lesser • The government of India has initiated education and
prized objects and weaker than men. Moreover, the social media advertisements to reach hospitals and clinics
custom of India to marry off their daughters into a family of and medical professionals to increase awareness.
higher status is also a root cause of this issue, and the kin of • The Indian Medical Association has shouldered efforts
the groom demands huge dowry consisting of a certain to prevent prenatal sex determination by promoting
amount. Especially in rural areas, men are believed to take ‘Beti-Bachao’ during its meeting and conferences.
care of the family heritage and pass on the family lineage
while protecting the family name. This proves that even
• The campaign of Beti-Bachao is initiated by Prime
Minister Narendra Modi to raise awareness of the
though women's empowerment is an important subject in this gender disparities created and resulting from sex-
era, people still do not believe in equality, due to the selective abortion.
backward thinking of certain people around the world.
• Some policies initiated by many states in India
While it is often believed that such ill practices are largely part attempt to address the assumed economic
disadvantage of girls by offering aids to girls and
of the lower strata of society, shockingly there have been
their parents.
many revelations recently that even wealthy Indian couples
are flocking to neighboring countries to know the gender of • The dowry system, one of the main causes of Female
the fetus as it is illegal here in India. Foeticide, should be abolished from society.

Causes of Female Foeticide

• Some policies provide scholarships and cash credits
only to girls.
Even though Female Foeticide has been in practice for several • Medical licenses must be terminated with immediate
years due to preference of a male child over female, not just effect for the practitioners who are conducting
financial but several social, emotional, and religious causes Female Foeticide.
are the reason behind this heinous crime. However, certain
• The families who are forcing this act on their
beliefs of some families cannot be changed, but it is high time
daughters-in-law should be penalized.
we showcase their ongoing crisis to lead a better future. It is
interesting to learn the reasons that lead to such a biased • Young women and girls should be empowered to
mindset. stand for their rights. They should be self-reliant and
become capable of making their decisions.
Conclusion
• Some believe that boys are an investment while girls
are economic drainers.
Through a lot of awareness, consideration, and
• They also believe that boys would grow the family’s understanding, we can bring a shift in our beliefs and
lineage and would secure their parents’ future. perceptions of society to give equal space to the girl child.
Besides, there is no past, present, or future without a woman
• The girls are considered a liability, as they need to be
and female infanticide or Female Foeticide should be
married off with enormous dowry.
considered as suicide. If we do not make a change and secure
the future of these girls now, then the consequences would be

Page 2
dangerous and there would be no coming back from that Exception 2. Sexual intercourse or sexual acts by a man with
curse. So, a little change in our mindset and attitude is all his own wife, the wife not being under fifteen years of age, is
that is needed to welcome daughters in our hearts and this not rape.
world.
________________________________________________
_________________________________________________
Rape Rape

Section 375 : A man is said to commit “rape” if he – Section 375 of the Indian Penal Code requires two essentials
to be fulfilled for making it an offence of rape.
1. Penetrates his penis, to any extent, into the vagina,
mouth,urethra or anus of a woman or makes her to do so They are as follow –
with him or any other person; or
1. An act of sexual intercourse by a man with a woman.
2. Inserts, to any extent, any object or a part of the body, not
being the penis, into the vagina, the urethra or anus of a 2. The act of sexual intercourse must fall under any one of the
woman or makes her to do so with him or any other person; seven categories given in section 375.
or
According to section 375 of the Indian Penal Code (IPC), a
3. Manipulates any part of the body of a woman so as to man commits rape;
cause penetration into the vagina, urethra, anus or any part
of body of such woman or makes her do so with him or any a) If he penetrates his genital into the woman’s vagina,
other person; or mouth, urethra or anus, or compels the woman to do such an
act with him or any other person. OR,
4. Applies His Mouth to the vagina, anus, urethra of a woman
or makes her to do so with him or any other person; Under b) If he inserts his genital part or any other part of the body
the circumstances falling under any of the following seven or any object into the woman’s vagina, urethra or anus, or
descriptions:- compels the woman to do such an act with him or any other
person. OR,
First.- Against her will.
c) If he manipulates any part of the woman’s body to
Secondly. - Without her consent. penetrate or insert the genital part into the vagina, urethra or
anus, or compels the woman to do such an act with him or
Thirdly. - With her consent, when her consent has been any other person. OR,
obtained by putting her or any person in whom she is
interested, in fear of death or of hurt. d) If he puts his mouth to the woman’s urethra, vagina or
anus, or compels her to do such an act with him or any other
Fourthly.- With her consent, when the man knows that he is person.
not her husband and that her consent is given because she
believes that he is another man to whom she is or believes Essential Ingredients of Rape
herself to be lawfully married.
If the man performs any of the four sexual acts mentioned
Fifthly. - With her consent when, at the time of giving such above in any of the circumstances given below, it amounts to
consent, by reason of unsoundness of mind or intoxication or rape. The seven circumstances are –
the administration by him personally or through another of
any stupefying or unwholesome substance, she is unable to 1. If the man commits sexual intercourse with the woman
understand the nature and consequences of that to which she against her will. If the woman doesn’t possess the desire to
gives consent. do sexual act, and the man overtakes the reasoning capability
of a woman is deemed to be an act against her will and
Sixthly.- With or without her consent, when she is under amounts to rape.
eighteen years of age.
2. If the man commits sexual intercourse with the woman
Seventhly.- When she is unable to communicate consent. without her consent.

Explanation 1. For the purposes of this section, “vagina” shall Note: Against her will and without her consent seems a bit
also include labia majora. similar with a very minute difference. Will means desire to do
something. and If you are not willing, it means you have not
Explanation 2. Consent means an unequivocal voluntary given consent. Whereas consent implies that you may have a
agreement when the woman by words, gestures or any form desire to do something, but you have not given your consent
of verbal or non-verbal communication, communicates yet.
willingness to participate in the specific sexual act:
3. If the man commits sexual intercourse with the woman and
Provided that a woman who does not physically resist to the has obtained consent by putting her or any person related to
act of penetration shall not by the reason only of that fact, be the woman in fear of death or hurt amounts to rape.
regarded as consenting to the sexual activity.
4. If a man commits sexual intercourse with the woman
Exception 1. A medical procedure or intervention shall not knowing that he is not her husband and the woman is
constitute rape. consented because she believes him as her husband or with
whom she is lawfully married.
Page 3
5. If the man obtains the consent of a woman when she is of In the 21st century, various steps are incorporated to address
unsound mind or intoxicated or administered with any other the social issue of domestic violence. Governments all across
such substance and when she is not in a condition to the globe have taken proactive measures to eradicate
understand the nature of the act. Such sexual intercourse domestic violence. Furthermore, the media, politicians and
amount to rape. campaigning groups have aided people to acknowledge
domestic violence as a social evil.
6. If a man commits sexual intercourse with a woman with
her consent or without consent, when she is under 18 years In India domestic violence is governed by the Protection of
of age (minor) amounts to rape. It is immaterial whether she Women from Domestic Violence Act, 2005 and it is defined
consented or not. under Section 3, which states that any act, commission,
omission or conduct of a person harms or injures or
Note: before the 2013 criminal law amendment the age to endangers the health or safety of an individual whether
give consent was 16 years. mentally or physically it amounts to domestic violence. It
further includes any harm, harassment or injury caused to an
7. If a man commits sexual intercourse with a woman when individual or any person related to that individual to meet any
she is unable to communicate consent amounts to rape. Such unlawful demand would also amount to domestic violence.
a situation can be when a woman is an unsound mind,
differently abled, physically unfit for resistance, minor, etc. Objectives of the Domestic Violence Act, 2005

Explanations in Section 375, IPC The objectives of the Protection of Women from Domestic
Violence Act, 2005 is to serve the following purposes:
Explanation 1
1. To identify and determine that every act of domestic
The term vagina also includes labia majora, the larger outer violence is unlawful and punishable by law.
folds of the vulva. Even a slight penetration in the vulva part
is sufficient to make it an offence of rape. Rupturing (tear) of 2. To provide protection to victims of domestic violence
the hymen in a woman’s genital or emanation (discharge) of in the cases such acts occur.
semen is not necessary.
3. To serve justice in a timely, cost-effective, and
Explanation 2 convenient manner to the aggrieved person.

Consent includes every form of consent by a woman, either 4. To prevent the commission of domestic violence and
verbal or non-verbal. It may be by words, gestures, or to take adequate steps if such violence occurs.
communication of willingness for performing the sexual act.
5. To implement sufficient programmes and agendas for
Exceptions to Offence of Rape the victims of domestic violence and to guarantee
the recovery of such victims.
There are two exceptions to the offence of rape. which shall
not be considered rape are – 6. To create awareness among the people about
domestic violence.
1. A medical treatment or procedure or intervention in the
genital part shall not constitute rape. 7. To enforce harsh punishment and must hold the
culprits accountable for committing such heinous acts
2. Sexual intercourse or sexual acts by a man with his own of violence.
wife, the wife not being under eighteen years of age, is not
rape. (15 years changed to 18 years in October 2017) 8. To lay down the law and govern it in accordance with
the international standards for the prevention of
Punishment for Rape domestic violence.

Punishment for the offence of rape is given under section 376 Essential provisions of the Domestic Violence Act, 2005
of the Indian Penal Code.
Appointment of Protection Officers
Any person who commits rape shall be punished with rigorous
imprisonment of 10 years, which may extend to life Protection Officers are appointed by the State Government.
imprisonment depending on the gravity of the offence and The number of Protection Officers may vary from district to
shall also be liable to fine. district depending on the size and necessity. The powers and
duties which are to be exercised by the Protection Officers are
________________________________________________ laid down in confirmation with the Act. The Protection Officers
must be women as far as possible and shall possess requisite
Domestic violence: a social evil qualifications and experience as may be prescribed under the
Act.
The offence of domestic violence is committed by someone in
the victim’s domestic circle. It includes family members, Powers and functions of Protection Officers
relatives, etc. The term domestic violence is often used when
there is a close cohabitating relationship between the offender The powers and functions of Protection Officers include the
and the victim. The various forms of domestic violence include following:
senior abuse, child abuse, honour-based abuse such as
honour killing, female genital mutilation, and all forms of 1. To assist the Magistrate in order to discharge their
abuse by an intimate partner. duties in accordance with the Act.
Page 4
 2. To make a domestic violence incident report to the 1. They are required to inform the victim about her
Magistrate after receiving any such incident of rights to make an application for receiving relief by
domestic violence and must also forward the copies way of protection order, order for monetary relief,
to the police officer in charge of the police station custody order, residence order, compensation order,
having jurisdiction over the incident. etc.

3. To make the application in the prescribed order to 2. They should inform the victim of the accessibility of
the Magistrate if the aggrieved person claims relief services of the service providers.
for issuance of the protective order.
3. The victim should be informed about the services and
4. To make sure that the aggrieved person is provided duties of the Protection Officers.
free legal aid under the Legal Services Authorities
Act, 1987. 4. They should also inform the victim about her right to
free legal services under the Legal Services
5. To maintain a detailed list of all the service providers Authorities Act, 1987 and her right to file a complaint
providing legal aid or counselling, shelter homes and under Section 498A of the Indian Penal Code, 1860.
medical facilities in a local area within the jurisdiction
of the Magistrate. Duties of shelter homes and medical facilities

6. To get the victim medically examined, if she has If any victim of domestic violence requires a shelter home
sustained any bodily injuries and forward such a then under Section 6 of the Act, the person in charge of a
report in the prescribed manner to the Magistrate shelter home will provide suitable shelter to the victims of
and the police station having jurisdiction. domestic violence in the shelter home.

7. To find a safe available shelter home for the victim if Further Section 7 of the Act lays down that if an aggrieved
she requires and send the details of her lodging in person requires medical assistance then the person in charge
the prescribed manner to the Magistrate and the of the medical facility will be providing such assistance to the
police station having jurisdiction. aggrieved person.

8. To ensure that the order of monetary relief to the Duties of the Government
victims is complied with under this Act.
The Act further lays down certain provisions stating the duties
Powers and functions of service providers and functions of the Government. Such duties include;

Section 10 of the Act, lays down the functions and duties of 1. The provisions of this Act must be given wide
service providers. Service providers are defined under the Act publicity through public media so that the citizens of
as any voluntary association registered under the Societies our country are well aware of such provisions.
Registration Act, 1860 or a company that is registered under
the Companies Act, 1956 which aims to protect the rights of 2. Both the Central and State Governments officers
the women lawfully by providing legal aid, medical, financial such as the police officers and the members of the
or other assistance. The powers and duties of service judicial services must be given periodic sensitization
providers are mentioned below. and awareness training regarding the provisions of
the Act.
1. A service provider has the authority to record any
incident of domestic violence and forward it to the 3. Both the Central and State Governments must also
Magistrate or Protection Officer having jurisdiction ensure that the protocols for the various Ministries
where the incident of domestic violence took place. concerned with the delivery of services to women
under this Act are diligently followed.
2. The service provider must get the aggrieved person
medically examined and forward such a report to the Application to the Magistrate
Protection Officer, Magistrate and the police station
within the local limits where the domestic violence The aggrieved person, the Protection Officer of that locality or
took place. any other person on behalf of the aggrieved person shall
make an application to the Magistrate claiming one or more
3. It is also the responsibility of the service providers to reliefs under this Protection of Women from Domestic
provide a shelter home to the victim if they require Violence Act, 2005. The application must contain all the
one and forward the report of lodging of the victim to necessary details as prescribed by the Act.
the police station having jurisdiction.
The Magistrate will fix the date of hearing which shall not
Duties and functions of police officers and Magistrate extend more than three days from the date of receiving the
application. Furthermore, the Magistrate must also aim to
Section 5 of the Protection of Women from Domestic Violence dispose of all the applications made under Section 12 of the
Act, 2005 lays down the duties and functions of police officers Act within a period of sixty days from the date of its first
and Magistrate. It states that when a police officer, service hearing. Moreover the Protection of Women from Domestic
provider or Magistrate receives a complaint of domestic Violence Act, 2005 authorises the Magistrate to grant the
violence, an incident of domestic violence is reported to him following orders and reliefs.
or he is present at the scene of occurrence of domestic
violence then they should take the following steps: Monetary reliefs

Page 5
While disposing of the application the Magistrate may ask the The court of Judicial Magistrate of the first class or the
respondent to pay monetary relief to meet the expenses Metropolitan Magistrate of the area has the jurisdiction to
incurred and the losses suffered by the aggrieved person and hear cases under this Act. However, Section 27 of the Act
any child of the aggrieved person as a result of the domestic states the following factors;
violence and such relief may include the loss of earnings of
the victim, medical expenses, the loss caused due to damage 1. The aggrieved person permanently or temporarily
or destruction of any property, the maintenance of the resides or carries out business in that area.
aggrieved person and her children as required under Section
of the Criminal Procedure Code. 2. The respondent resides, carries on business or is
employed within the local limits of the area.
1. The monetary relief granted must be fair and
adequate and must be in accordance with the 3. The competent court will be liable to grant protection
standard of living of the aggrieved person. orders or any other orders as the case may be.

2. The Act authorises the Magistrate to grant a fitting Section 28 of the Act states that all the proceedings arising
lump sum payment or monthly payments of under this Act shall be governed by the provisions of the Code
maintenance as required by the aggrieved person. of Criminal Procedure, 1973.

3. The Magistrate shall direct the copy of the order for Legislative intent of the Domestic Violence Act, 2005
the monetary relief to the in charge of the police
station having jurisdiction. The legislative intent of enacting the Protection of Women
from Domestic Violence Act, 2005 has been meticulously
The respondent must pay the monetary compensation to the discussed in the case Indra Sarma v. V.K.V.Sarma. It was
victim within the stipulated and if they fail to do so then the stated that the reason for the legislation to enact such an Act
Magistrate may direct the employer or a debtor of the is to provide protection of rights of women who are victims of
respondent, to directly pay to the victim or deposit with the violence of any type occurring in the family. This Act
court a portion of wages, salaries, or debt due to the safeguards women from facing violence within the four walls
respondent and the amount could be adjusted at the end of of their home.
the completion of monetary relief.
The Madras High Court in the case, Vandhana v. T.
Section 22 of the Act also stipulates that the respondent will Srikanth further stated the Protection of Women from
be liable to pay compensation to the victim for causing any Domestic Violence Act, 2005 “is an Act to provide for more
damage or injury including mental torture and emotional effective protection of the rights of women guaranteed under
distress as directed by the Magistrate. the Constitution who are victims of violence of any kind
occurring within the family and for matters connected
Custody orders therewith or incidental thereto”.

Under Section 21 of the Protection of Women from Domestic Conclusion

Violence Act, 2005 when the Magistrate receives an
application concerning domestic violence, he has the authority The Act plays a critical role in the Indian legal system vis-a-
to direct the custody of any child or children to the victim or vis protecting the rights of the women, so that they can feel
the person making the application on behalf of the victim. protected and safe within the comfort of their own house. It is
an exhaustive piece of legislation as it lays down the powers
Protection orders and duties of the various authorities, reliefs available to the
victims, steps to filing a complaint regarding domestic
If the Magistrate is satisfied that domestic violence has taken violence, assistance provided to the victims of domestic
place then they may pass a protection order in favour of the violence, power and extent of the Indian Judiciary and the
aggrieved person to prevent the respondent from committing power of the Central Government to make rules. The Act
any acts of domestic violence or abetting any acts of domestic provides civil remedies to the victims of domestic violence.
violence. The Magistrate may also prevent the respondent And prior to the enactment of the Act, the victims of domestic
from contacting the aggrieved person, entering the place of violence sought civil remedies such as divorce, custody of
employment of the aggrieved person or causing violence to children, injunctions in any form or maintenance only by
the dependants or relatives of the aggrieved person. taking recourse to civil courts. Therefore, the Act brought
about necessary changes in the Indian legislature.
Residence order
Although the Act has incorporated essential steps to
Under Section 19 of the Act if the Magistrate is satisfied that safeguard women from domestic violence it fails to provide
domestic violence has occurred then the Magistrate may pass any remedies for the male members of the family and it also
a residence order restraining the respondent from disturbing fails to recognize the cohabiting and marital relationship
the possession of the aggrieved person from the shared between the members of the LGBTQ+ community. Hence,
household, or to withdraw himself from the shared household these must be included in the Act to totally eradicate domestic
restraining the respondent or any of his relatives from violence as a necessary evil from Indian society.
entering the shared household and prohibiting the respondent
from repudiating his rights in the shared household. _______________________________________________

Jurisdiction and procedure What is modesty

Page 6
The act of outraging a female’s modesty is increasing The facts of the case of Jai Chand v. State (1996) draw
exponentially thereby taking a toll on the lives of women attention for in this case, the accused exercising force on the
leading to mental and physical agony. Modesty has been prosecutrix had pushed the latter onto the bed with the
defined as a quality or state of being modest, which is intention to disrobe by undressing her. Although after the
characterised by humility, restraint, simplicity, and good prosecutrix herself exercising self-defence pushed the accused
taste. In the context of outraging the modesty of a woman, it away and the latter not going back to carry on the offence,
refers to the virtue that attaches to a female owing to her the interesting question before the court of law was whether
gender and is an attribute associated with females in the accused be held guilty of rape or will also be confined to
general. It is a sense of shame or bashfulness that a woman the ambit of Section 354 of the Code of 1860. It was held
feels when faced with any act that is intended to outrage her that since there was the absence of evidence of rape
modesty. Put simply, the court of law while deciding on the according to the narrated facts and circumstances before the
case of State of Punjab v. Major Singh (1966), has observed court, the offence which was made out was that o outraging
that modesty to a woman has evolved as altogether a the modesty of women under Section 354 of the Indian Penal
different concept which has very little to do with the physique Code, 1860.
of the woman. The court further states that the modesty of a
woman is intimately connected with femininity including her Another case to be noted in this regard is the case of Ram
sex. Mehar v. State of Haryana (2016), in which the accused had
grabbed the prosecutrix thereby trying to undress her. The
Further, modesty is not only limited to physical modesty but it offence of rape was not made out since the penetration of the
also includes moral and psychological modesty. The moral penis had not taken place as prior to that, the aggrieved party
modesty of a woman is said to be the sense of shame or had given a blow through the sickle on the accused. Thus, the
bashfulness that a woman feels when faced with any act that accused was held to be guilty under Section 354.
is intended to outrage her modesty. The psychological
modesty of a woman is said to be her innate sense of self- These judgments were overruled by the Supreme Court’s
respect and dignity. decision in the case of State of Uttar Pradesh v. Rajit
Ram (2011), in which the conviction under Section 376 being
altered by Section 354 of the Indian Penal Code, 1860, was
scrapped and thus sent back to the trial court. The Apex Court
What is the punishment for the offence of outraging of in this case was dissatisfied with the decision-making of the
female’s modesty under the Indian Penal Code, 1860 Allahabad High Court for there wasn’t any rational reason
provided by the same while converting an offence under
As per the Indian Penal Code, 1860, the punishment for Section 376 to that of Section 354. Thus while stating that the
outraging a woman’s modesty is imprisonment of either reasoning is not sustained in the legal eyes, the top court
description for a term that shall not be less than one year but rejected the High Court’s judicial reasoning.
which may extend to five years, and shall also be liable to a
fine. This means that if a person is found guilty of outraging What can be concluded taking into account all the above
the modesty of a woman, he can be sentenced to a minimum judgments is that, while the offence of rape has its own set of
of one year in prison and a maximum of five years in prison. requirements laid down under Section 375 read with Section
The offender will also be liable for a fine. 376 when it comes to outraging of female modesty under
Section 354, the act of causing insult to the female or an
It is important to note that the punishment for this offence is intention to harm her dignity has to be made out. Put simply,
not limited to imprisonment and fine but also includes other Section 375 read with Section 376 is inclusive of the offence
forms of punishment such as community service, counselling, under Section 354 of the Indian Penal Code, 1860.
and rehabilitation programs. The court also has the discretion
to impose additional punishment if it deems it necessary. In Efforts made by the Indian government to strengthen
cases of repeat offenders or aggravating circumstances, the provisions for outraging female’s modesty
court can impose a stricter punishment. For example, in cases
of gang rape or rape of a minor, the punishment is In recent years, the Indian government has taken a number
imprisonment for a term that shall not be less than 20 years, of steps to strengthen laws against sexual offences in the
but which may extend to life imprisonment, and shall also be country, in an effort to combat the issue surrounding the
liable to a fine. same. Some of the key efforts include:

Difference between outraging modesty and rape 1. The Criminal Law (Amendment) Act, 2013: This
amendment to the Indian Penal Code, 1860 introduced
In the case of Jeet Singh v. State (1992), lack of evidence of stricter punishment for rape and sexual assault, including the
the offence of rape categorized disrobing of the victim under death penalty in cases of repeat offenders or cases where the
the offence of outraging modesty of women thereby altering victim is left in a vegetative state. The amendment also
Section 376 with that of Section 354 of the Indian Penal Code, expanded the definition of rape to include acts such as
1860. Further, the case of Tukaram Govind Yadav v. State of vaginal, oral, and anal penetration, and the insertion of
Maharashtra (2010) draws attention while talking to the objects and body parts into the vagina, mouth, and anus.
difference between Section 354 and Section 375, as although
the case was perceived to be falling under the latter provision, 2. The Protection of Children from Sexual Offences
the Bombay High Court with its due reasoning reached to the (POCSO) Act, 2012: This Act provides for stricter
conclusion that as penetration of penis was not involved in the punishment for sexual offences against children, extending to
female’s body, the offence of Section 354 could only be made life imprisonment in certain cases. The Act also provides for
out with the support of medical evidence presented. measures to protect the rights of child victims, including the
use of closed-circuit television cameras in courtrooms and the
use of video conferencing to record the testimony of child
Page 7
victims. The act also makes it mandatory for all cases of 4. There must be an intention to do so. It is the section’s
sexual offences against children to be tried in special courts substance, where the choice of punishment and the legitimacy
within a period of one year from the date of the commission of the charges is evaluated.
of the offence.
It is undoubtedly correct that if intention or knowledge is one
3. The Nirbhaya Fund: This fund, established in 2013, is of the ingredients of any under Section 354 of IPC, it has to
aimed at enhancing the safety and security of women in the be proved like other ingredients for convicting a person. But it
country. The fund is used to support initiatives and schemes is also equally true that those ingredients being the state of
to improve the safety and security of women, including the mind may not be proved by direct evidence. It may have to
setting up of fast-track courts to try cases of sexual offences be inferred from the attending circumstances of a given case.
and the strengthening of police machinery to deal with such
offences. Punishment Section 354 of IPC

4. The Criminal Law (Amendment) Act, Section 354 of IPC includes imprisonment for one to five
2020: This Act introduced several changes to the Indian years, as well as a fine. It should be mentioned that the
Penal Code,1860, including the introduction of stringent actual period of imprisonment is decided by the presiding
deterrents for sexual offenses, such as rape, acid attack, and officer of the court or the judicial magistrate. However, the
stalking. The Act also introduced a new provision for the circumstances of the case, not the officer’s personal
punishment for sexual harassment, including the punishment preferences, weigh on such discretion.
for sexual harassment at the workplace. The Act also makes it
a punishable offence to disclose the identity of the victim of OR
sexual offences or their family members.
Essentials of Section 354 IPC
5. The Suraksha Setu App: The Suraksha Setu App is a
mobile application launched by the Indian government in The circumstances that determine if the modesty of a woman
2020 to provide support and assistance to women in distress. has been outraged are given in Section 354 of the IPC. The
The app provides a range of services such as emergency essential ingredients are as follows:
assistance, emergency contacts, and emergency alerts to
1. Presence of assault or criminal force
women in distress.

Section 350 of the Indian Penal Code deals with criminal

Conclusion
force, and Section 351 of the Indian Penal Code deals with
The offence of outraging the modesty of a woman is a severe assault.
offence in India and is punishable by means of both
Criminal force states that anyone who uses force intending to
imprisonment and a fine. Efforts have been made to
cause any harm, injury, fear, or annoyance to any person
strengthen laws against sexual offences in recent years,
without his permission, knowing that it will create fear and
however, sexual offences against women continue to be a
cause harm is called criminal force.
major problem in India and efforts are still needed to ensure
that laws are effectively implemented and perpetrators are
Illustration: ‘A’ encouraged ‘B’ to throw a stone at ‘C’ with
brought to justice. It is important for individuals to be aware
the intention of creating fear and causing harm to ‘C’. ‘A’ is
of their rights and for society to take a zero-tolerance
guilty of using criminal force on ‘C’.
approach toward sexual offences.
Assault states that any person who makes any gesture or any
-------------------------------------------------------------------
action with the knowledge that it will make the other person
apprehend the meaning of the gesture is to harm, injure or
Definition of Section 354 of IPC
create fear is said to have committed an assault. Assault is
Section 354 of IPC is defined as “Whoever assaults or uses said to take place when the opposite party from the gesture
criminal force to any woman, intending to outrage her or of the person comprehends the danger.
knowing it to be likely that he will thereby outrage her
Illustration: ‘X’ with the intention to create fear in the mind
modesty, shall be punished with imprisonment of either
of ‘Y’ went towards him with a knife in his hand. ‘X’ has
description for a term which may extend to two years, with a
committed an assault against ‘Y’.
fine, or with both.”

Therefore, the essential ingredient is the presence of intention

Essentials of Section 354 of IPC
and knowledge in criminal force and assault.
The essential ingredients of the offense under Section 354
2. Assault must be on a woman
of IPC are as follows:

Section 10 of the Indian Penal Code defines a woman as a

1. that the person assaulted must be a woman
female human being of any age, which means a newborn to
2. that the accused should have used some sort of criminal any old-age female. The victim of assault needs to be a
force on her woman, as it deals with crimes against women.

3. Criminal force must have been used on the woman 3. Presence of intention and knowledge
intending to outrage her modesty
The intention is the main factor on the basis of which an
accused is either convicted or acquitted. The presence of
knowledge is also equally important for committing the act.
Page 8
On that basis, the charges are weighed, and the punishment shall be imprisoned for a minimum period of three years,
is given accordingly. which may extend up to seven years, and also be liable to a
fine.
4. Outraging the modesty of a woman
This section punishes a man who captures images of a woman
The definition of modesty is not given in the Indian Penal or intentionally watches her doing a private act. Nevertheless,
Code. The meaning of modesty for a woman is determined by if a woman consents to have her photos taken or allows for
various judgements of the Apex Court. any activity but does not consent to disseminate the same to
any third party, and where such image or act is disseminated
Punishment for Section 354 IPC by any other person, he shall be liable under the Code. An
offence under Section 354C is cognizable and bailable at the
In the past, stalking was not considered a criminal offence in first conviction but cognizable and non-bailable at the second
India under the Indian Penal Code. The provisions that or subsequent conviction.
protected the rights of women were Section 354 of the IPC for
sexual harassment and Section 509 for abusing the modesty Punishment for stalking under Section 354D– Stalking
of a woman.
This section deals with the protection of women against
Punishment for sexual harassment under Section stalking. Stalking refers to a form of harassment that involves
354A– Sexual assault repeated and persistent intent to cause fear or harm to the
person who is being followed. It can be in any form, be it
This section states that a man is said to have committed physical or online. Thus, Section 354 is not a gender-neutral
sexual harassment against a woman when there is a: offence. Only a woman can seek justice under this section.
Stalking was introduced as an offence under Section 354D in
• physical contact and advances that involve explicit the Amendment Act of 2013 along with other offences such as
sexual gestures; or trafficking, voyeurism, and others.

• demand or proposition for sexual favours; or If a man commits such an offence, he shall be punished with
imprisonment for a term that may extend up to three years
• display of pornography against the will of a woman; and shall also be liable to a fine for his first conviction. For his
or second or subsequent conviction, he shall be punished with
imprisonment for a term that may extend to five years and
• sign that gives sexually coloured remarks. shall also be liable to a fine.

If a man commits the first three offences listed in the above- _________________________________________________
mentioned bullets, he shall be punished under Section 354A
of the IPC with rigorous imprisonment for a term that may The Criminal Law Amendment Act of 2013 introduced
extend to three years, or with a fine, or both. But if a man four additional subsections to Section 354 of IPC to broaden
commits the offence of the last bullet, he shall be punished its scope. These are the following:
with imprisonment for a term that may extend up to one year,
or with a fine, or both. An offence under Section 354A is 1)Section 354 A – Sexual assault
cognizable, bailable, and can be tried by a magistrate.
Sexual harassment or Sexual assault is defined as unwanted
Punishment for assault or use of criminal force against and explicit sexual gestures or sexually colored statements. It
a woman under Section 354B– Assault or use of can also be suggestive comments or intrusive questions about
criminal force to woman with intent to disrobe a person’s body or private parts. Such an act is punishable by
up to three years in jail, a fine, or both.
This section deals with the protection of women against men
who assault or use criminal force towards any woman or 2)Section 354 B – Assault or use of criminal force to
encourage such an act with the intention to disrobe or compel woman with intent to disrobe
her to be naked.
A male who attacks or uses unlawful force against a woman
If a man commits such an offence, he shall be punished with with the purpose of disrobing is punished under the clause for
imprisonment for a term of three years, which may extend up compelling her to be naked. The accused must have had the
to seven years, and shall also be liable to a fine. An offence intention or knowledge that such an act would offend her
under Section 354B is cognizable, non-bailable, and can be modesty. Such an act is punished by imprisonment for three
tried by any magistrate. to seven years and a fine.

Punishment for voyeurism under Section 354C - 3)Section 354 C – Voyeurism

Voyeurism
A male who observes or photographs a woman while she is
This section deals with the privacy of a woman. Voyeurism is performing an act with an expectation of privacy from any
an act committed when a man watches or takes photos of a outsider is subject to punishment under the law. Voyeurism,
woman engaged in a private act without her knowledge. to put it simply, is the act of enjoying oneself sexually while
observing another person in their undies or participating in
If a man commits such an offence, he shall be imprisoned for sexual behavior.
a minimum period of one year, which may extend up to three
years, and shall also be liable to a fine in case of a first
conviction. In case of a second or subsequent conviction, he

Page 9
The sentence for such an offense is one to three years in jail. harassment by her husband or his family in connection with
However, a second violation might result in a jail sentence of dowry demands.
three to seven years.
Dowry deaths are a serious issue in India, where the practice
4)Section 354 D – Stalking of giving dowry to the groom’s family, despite being illegal
since 1961, is still prevalent in many communities. The
It is illegal to follow a lady physically, over the internet, or by practice is rooted in patriarchal attitudes that view women as
any other method of electronic contact, notwithstanding economic burdens on their families and prioritize the interests
apparent indications of indifference from such women. of men over those of women.
Stalking is commonly referred to as “eve teasing,” and it is
punishable by up to three years in jail for the first offense. Section 304B of the IPC
However, further offenses may result in up to 5 years in jail.
Section 304B of the IPC recognizes the gravity of dowry
What is modesty under Section 354 of IPC? deaths and imposes severe penalties on those found guilty.
The accused faces a minimum of seven years in jail and a
The core of a woman’s modesty, according to the courts, is maximum of life in prison if convicted. In such circumstances,
her sex. Any violation of a woman’s modesty is punishable the accused bears the burden of proving that the death was
under Section 354 of IPC. The Supreme Court emphasized in not caused by cruelty or dowry harassment.
the case of Major Singh that “young or old, intellectual or
idiotic, awake or asleep, the lady retains a modesty Despite the fact that this provision of the IPC exists, dowry
susceptible of being violated.” deaths continue to occur in India. The causes are numerous
and complicated, and include elements such as poverty,
Moreover, A young female has a different set of illiteracy, and cultural views towards women. To successfully
circumstances. Her body is still young, and her sexual abilities address this issue, a multifaceted approach that involves legal
remain latent. Even if the victim is a newborn who has yet to reforms, social awareness initiatives, and economic
acquire a sense of shame and is unaware of sex, nonetheless, empowerment for women is required.
she retains the humility that is characteristic of her gender
from birth. Ingredients of Dowry Death

Cases relating to Section 354 of the IPC The following are the key elements that comprise the offence
of dowry death under Section 304B IPC:
1. In Ram Das v. State of West Bengal, two persons got
into a heated disagreement, as a result of which a man Death of a woman within seven years of her marriage
shoved a lady. He was accused of looking at her “with lusty
eyes,” which sparked the brawl. The Court acquitted him Death caused by burns or bodily injury or otherwise than
because there was no compelling evidence under Section 354 under normal circumstances; death caused by cruelty or
of IPC that he intended to offend the woman’s modesty. harassment by the husband or his relatives in connection with
any dowry demand
2. In Major Singh v. the State of Punjab, the accused
assaulted a seven-and-a-half-month-old female child, Such cruelty or harassment must have been meted out to the
resulting in an injury to the infant’s vagina. The Supreme woman shortly before her death.
court held that according to Section 354 of IPC, There is no
age restriction, no measure of knowledge of the hurtful If all of these factors are present, the husband or his family
conduct, and female consciousness is not required to create who exposed the wife to such cruelty or harassment might be
the offense. prosecuted with dowry death under Section 304B of the
Indian Penal Code. The offence is punished by imprisonment
3. In Ramkripal Singh v. State of Madhya Pradesh, The for a term of not less than seven years, but which may be
phrase “modesty” in reference to a lady was described as extended to life imprisonment. Dowry murder is a non-
“decorous in manner and conduct; not forward or lower; bailable and punishable offence.
shame-fast; scrupulously pure.” However, the Supreme Court
ruled that it did not have much relation to Section 354 of IPC Other Relevant Statutes
and constituted rape and so dismissed the appeal.
The Dowry Prohibition Act of 1961 outlaws the giving or
___________________________________________ receiving of dowry at or before a woman’s marriage. Dowry is
defined under the act as any property or valued security
Dowry Deaths provided or agreed to be given directly or indirectly by one
party to a marriage to the other party to the marriage, or by
Introduction either party’s parents, or by any other person, at or before or
after the marriage.
Dowry deaths are a type of gender-based violence that
persists in many regions of the world, including India. In The statute criminalizes the gift or receiving of dowry and
response to this issue, the Indian government imposes penalties such as jail and fines. The statute also
enacted Section 304B of the Indian Penal Code in 1986, makes it a crime to demand dowry from the bride or her
making dowry killing a crime. A dowry death is defined in this family, and it is the bride’s family’s responsibility to report
provision as the death of a woman caused by burns or any such requests to the police.
physical harm during seven years of marriage if it can be
The Dowry Prohibition Act of 1961 is a significant piece of law
demonstrated that the death was caused by cruelty or
aimed at reducing the social evil of dowry, which has long

Page 10
been an issue in India. Despite the presence of the legislation, and justice; it should be abolished by tougher laws, more
incidences of dowry-related harassment and violence are still enforcement, and a shift in society views towards women.
being recorded throughout the country, underlining the need
for more awareness and better implementation of the law. _________________________________________________

It is also worth mentioning that Section 113B of the Indian

Evidence Act of 1872 addresses the Presumption of Dowry
Death. If a woman dies in connection with a dowry demand, it The Distinction between Section 493 and 496
is proven that she was exposed to harassment or cruelty by
any individual shortly before her death. The court will then Both Sections are different from each other in certain
hold such a person accountable for her death. respects. They look the same in some aspects but actually,
they are not.
Landmark Cases related to Dowry Death
Section 493 Section 496
The case of Kamesh Panjiyar vs State of Bihar is an important
one to understand the meaning of the term “soon” under this
• An offence
• Cohabitation or
section. The case involves a dowry death where the husband under Section
and his relatives demanded a she-buffalo as additional dowry having sexual
493 requires
intercourse is
and abused the deceased when the demand was not met. The deception by a
not required in
wife was later found dead with a neck injury, and the session man, as a result
the offence
court declared it as a case of dowry death, sentencing the of which
under Section
cohabitation or
husband to 10 years in prison. The Supreme Court upheld the 496. It simply
sexual
decision and stated that proving cruelty inflicted on the requires a fraud
intercourse with
woman soon before her death is enough to establish marriage
the woman is
dowry death under Section 304B, and the punishment ceremony.
done by him.
passed by the session judge was justified.
• An offence
• An offence under
under Section
In the case of Paniben vs State Of Gujarat, the Supreme Section 496 may
493 may be
Court relied on the dying declaration of a deceased be committed by
specifically
a man or a
woman to convict her mother-in-law of dowry death. committed by
woman both.
The accused had poured kerosene oil on the woman while she man only.
was asleep and set her on fire. When she woke up, she cried
for help, and her husband and other relatives came to her aid
and took her to the hospital, but her injuries were severe and _________________________________________________
she could not be saved. In her dying declaration, she stated ____
that her mother-in-law had set her on fire.
1. Introduction
In Pawan Kumar vs Haryana, the victim, Urmil, returned to The concept of single marriage is known and monogamy and
it is followed by most of the systems in the world. However,
her parents’ house within a few days after her marriage owing
there are some exceptions to it as well that exist. In India,
to dowry demands for a refrigerator, scooter, and other items.
Hindus, Christians, Parsis and Muslim women are supposed to
Her husband and in-laws treated her cruelly and harassed follow the concept of monogamy under their personal laws.
her, resulting in her death. The spouse was found guilty under Marrying another person while being married to someone is
Sections 304B, 306, and 498A of the Indian Penal Code and known as ‘Bigamy’ and has been declared an offence under
sentenced to jail and penalties. The court ruled that the criminal laws in India.
demand for dowry is an offence in and of itself, and that the On the other hand, adultery is an offence committed by a
man against another man which involves having sexual
desire to buy a refrigerator or bike falls within the scope of
intercourse with his wife without his consent. In Indian laws,
seeking dowry. The other two appellants were found not this offence can be committed only by a man and the woman
guilty. involved in the act is not made liable for it in any manner.

The defendant in State Of Punjab vs Gurmit Singh was

2. Bigamy under Indian Penal Code, 1860
accused under Section 304B for causing the death of Gurjit Though the term Bigamy has not been used in Indian Penal
Kaur, Paramjit Singh’s wife. The respondent claimed he could Code (hereinafter ‘IPC’ or ‘the Code’) but the provision for
not be prosecuted since he was not a relative of the criminalizing this act as an offence has been made u/s S. 494
deceased. The court ruled that because he did not meet the of the Code.
description of a relative, he could not be prosecuted under
Section 304B, but he might be tried under other provisions for 2.1 Definition u/r S. 494 and ingredients:
This section states that anyone ‘having a husband or wife
any offence committed. The case examined the term ‘relative’
living, marries in any case in which such marriage is void by
and decided that only individuals connected by blood, reason of its taking place during the life of such husband or
adoption, or marriage may be held responsible under Section wife’, commits the offence of Bigamy.
304B, while others can be held guilty under other provisions. So, there are basically following ingredients that constitute
this offence:
Conclusion 1. Being earlier married to someone

Dowry death is a terrible crime that breaches women’s rights • The provision of this section is applicable only when
and shows a deeply embedded social issue of seeing women the accused marries again during the subsistence of
as commodities. It is a kind of gender-based violence that can his first marriage.
result in physical, emotional, and psychological suffering, as
well as death. Dowry death is unfair and undermines equality
Page 11
• So, it is necessary that the accused must have been
married to someone in the first place. • It is not necessary that the second marriage should
be valid but it should have been contracted like a
• If the early marriage has been dissolved either by valid marriage under the provision of any law.
divorce or death of the spouse, this section will not
be applicable. • If this requirement of second marriage is not fulfilled,
then it would constitute adultery and not bigamy.
• If the Muslim woman remarries during her iddat she
commits offence of bigamy. 1. The second marriage is not valid under any
personal law
• If the Muslim woman has the option of puberty and
contracts a marriage thereby repudiating her first • The second marriage should not be declared as valid
marriage, she does not commit bigamy. under any of the personal laws.

• If in Muslim marriage there was a contract between • For example, a Muslim man can contract up to 4
the spouses under which the woman can divorce marriages under their personal laws. In that case the
herself on happening of any of the conditions second marriage is valid and so does not constitute
mentioned in the contract, then happening of such this offence.
condition operates as valid divorce and the woman
can remarry without attracting provision of this • So, the provision of this section is applicable to both
section. male and female who are Hindu, Christian and Parsi
and to the female only who is a Muslim.
• Basically, mens rea is an important element to
constitute this offence. • This section is not applicable on a man who is a
Muslim.
1. The marriage should have been valid
2.2 Conversion
• The first marriage of the accused should have been a • If a Hindu converts into any other religion, he is not
valid marriage performed under any of the personal absolved from his obligations of marital bond from
laws or is covered under the Special Marriage Act his previous marriage as a Hindu. So, he will be
1954. considered a Hindu at the time of contracting second
marriage post apostasy and provisions of this section
• If the first marriage is void then the provision of this will apply.
section is not attracted. This is an exception provided
by this section. • Renunciation of Islam does not dissolve the marriage
and so Muslim woman needs to get decree of
• If the First marriage was voidable and the decree of dissolution from court in order to remarry without
nullity has not been passed by competent court but attracting provisions of this section.
still the accused remarries, then this Section will
apply. • So, basically conversion into another religion does
not give a ground to remarry without attracting
• If the first marriage was neither void nor voidable provisions of this section and will still be dealt under
but simply irregular and the spouse marries someone personal laws of religion one belonged to while
else, it will be punishable under this section. contracting the marriage.
2.3 Punishment under S.494
1. The spouse is still alive If someone commits an offence of bigamy, he/she shall be
punished under S.494 of the Code by-
• Death of the spouse dissolves the marriage and if the • Imprisonment of either description
marriage has been dissolved, the provision of this • Up to 7 years
section is not applicable. • And fine
• So, it is a requirement that while contracting the 2.4 Nature of Punishment
second marriage, the spouse from first marriage of Bigamy is bailable, non-cognizable and compoundable with
the accused should have been living. the permission of the court.

• Provided that the first marriage had not been 2.5 Case Laws-
dissolved in any other way like divorce or because of
no whereabouts of the spouse for 7 years or more i) Indu Bhagya Natekar v. Bhagya Pandurang Natekar
etc.
• One Indu Natekar has lawfully married Bhagya
• One of the exceptions to the section provides that if Pandurang Natekar.
the spouse has been absent and his whereabouts are
not known and it cannot be found out by sufficient • The husband contracted another marriage with
means that he/she is alive for a period of 7 years, Manjula Narayan Kadam.
then the person can remarry and it will not constitute
this offence provided that the second spouse is • Evidences were produced to prove the first marriage.
aware of all the facts.
• Presumption was raised that marriage was performed
1. The accused marries again
by all rituals and ceremonies and hence it was valid
marriage.
• It is necessary that the second marriage contracted
by the accused should have been performed through
• Held it is not always necessary to prove the second
the rituals under any personal law and recognized by
marriage beyond all doubts and that it is sufficient
law.
Page 12
 even if there is other reliable evidence to establish • The idea behind punishing the man only is that this is
the charge. an offence where wrong has been done by a man
against another man with respect to his wife.
ii) Kanwal Ram v. HP Administration
3.2 Punishment for Adultery-
• Supreme Court held that essential ceremonies of 1. 497 further provides for punishment as follows:
second marriage must be proved. • Imprisonment of either description
• Up to 7 years
• Even if the accused confesses the offence the second
• Or with fine
marriage will have to be proved.
• Or with both
• Otherwise it will be considered as mere adulterous
3.3 Adultery no longer an offence in India-
act and not bigamy.
The Supreme Court of India has struck down adultery as an
offence in Indian. There are a series of judgement that led
iii) Sarla Mudgal v. Union of India
down to this decision in 2018. The relevant cases are as
follows:
• It was held that a Hindu who has converted into i) Yusuf Aziz v. State of Bombay
Islam and marries to Muslim women without giving
• The main accused Yusuf Aziz contended that this
divorce to his previous wife is liable for the offence of
offence violates Article 14 and 15 of the Constitution.
Bigamy.
3. Adultery under Indian Penal Code, 1860-
IPC under S. 497 criminalizes the offence of adultery. • He argued that it creates discrimination between
man and woman on the basis of sex.
3.1 Definition and ingredients of Adultery-
1. 497 states that any man who has sexual intercourse • Held the discrimination was protected by Article
with wife of another man without the consent or 15(3) and so not unconstitutional.
connivance of that man commits the offence of
adultery if it does not amount to rape. ii) Sowmithri Vishnu v. Union of India
So, this drops down to the following ingredients:
1. Sexual intercourse with the wife of another • The Hon’ble Supreme Court held that women need
man not be included as an aggrieved party just for the
sake of making the law even handed.
• It is necessary that the woman involved in the act
was already married to the other man. • It was further opined that people shall not be allowed
to prosecute their spouse for the offence of adultery
• The marriage of the woman must have been a valid so as to protect the sanctity of their marriage.
marriage performed under any law.
• Hence, the judgment continued to state the offence
• The man involved in the act must know and of adultery as an offence committed by a man
sufficiently believe in the fact that the woman is against another man.
already married to another man.
iii) Joseph Shine v. Union of India
• It is not necessary for the man to know whose wife
she is. It is sufficient for him to know that she is the • It was held by Hon’ble Supreme Court that S. 497
wife of some other man. denies substantive equality, as it perpetuates the
subordinate status ascribed to women in marriage
1. Without the consent or connivance of that other and society.
man • Thereby, S. 497 violates Article 14 of the
Constitution.
• The other man to whom the woman was married • It was clarified that there cannot be a patriarchal
should not have given permission for the act. monarchy and for that matter, husband’s monarchy
over the wife.
• Connivance means wilful consent and thereby giving • 497 was held to be a denial of the constitutional
culpable acquiescence during the course of act which guarantees of dignity, liberty, privacy and sexual
would lead to the commission of the offence. autonomy which are intrinsic to Art. 21 of the
Constitution.
• So, basically, this involves knowledge and • 198 CrPC is also a discriminatory provision in sense
acquiescence of the man. that the husband alone or somebody on his behalf
can file a complaint against another man for this
offence.
1. It should not amount to rape • Supreme Court further stated that In light of various
constitutional guarantees provided in Art. 14, 15 and
• The sexual intercourse for the purpose of this section 21, S. 497 of IPC cannot stand in its current form
should not amount to the offence of rape under and hence stands abolished due to the reasons
section 375 of this Code. discussed above.

1. Only man is liable

4.Difference between Adultery and Bigamy:
• This code punishes only the male offender for the act
and woman is not held responsible even for Bigamy Adultery
abetment.

1. Can be committed by 1. Only man can be made

Page 13
either man or woman liable for this offence. criminalize consensual sexual activity and is manifestly
arbitrary and therefore violative of Article 14.
2. There should be a 2. Second marriage need not
second marriage performed. be performed.

Section 198(2) CrPC also violates Article 14 [Equality

3. Bigamy is an offence 3. Adultery is the offence by before law]
against the institution of a man against another man
marriage. relating to his wife. Section 198(2) CrPC des not consider the wife of the adulterer
as an aggrieved person. The rationale of the provision suffers
from the absence of logicality of approach and therefore it
suffers from the vice of Article 14 of the Constitution being
5. Conclusion- manifestly arbitrary.

Bigamy is an offence which criminalizes the act of performing

second marriage while being married to someone else.
Adultery, on the other hand merely punishes a man for having Violation of Article 15(1) [Prohibition of discrimination]
sexual intercourse with someone else’s wife without his
consent. The law relating to adultery has faced several Article 15(1) [1]prohibits the State from discriminating on
criticisms in recent times because of which the Hon’ble SC has grounds only of sex. A husband is considered an aggrieved
struck down this law in 2018 stating it to be unconstitutional. party by the law if his wife engages in sexual intercourse with
another man, but the wife is not, if her husband does the
_______________________________________________ same. Viewed from this angle, the offence of Adultery
discriminates between a married man and a married woman
Constitutional validity of Section 497 of IPC and Section to her detriment on the ground of sex only. The provision is
198(2) of CrPC [1] discriminatory and therefore, violative of Article 15(1).

Section 497-Adultery:

Whoever has sexual intercourse with a person who is and

Violation of dignity of woman and Article 21 [Right to
whom he knows or has reason to believe to be the wife of
life]
another man, without the consent or connivance of that man,
such sexual intercourse not amounting to the offence of rape, Dignity of the individual is a facet of Article 21. Section 497
is guilty of the offence of Adultery, and shall be punished with effectually curtails the essential dignity which a woman is
imprisonment of either description for a term which may entitled to have by creating invidious distinctions based on
extend to five years, or with fine, or with both. In such a gender stereotypes which creates a dent in the individual
case, the wife shall not be punishable as an abettor. dignity of women.

Besides, the emphasis on the element of connivance or

Criminal Procedure Code 1973 consent of the husband tantamount to the subordination of
women. Therefore, the same offends Article 21.
Section 198-Prosecution for offences against marriage:

1. No Court shall take cognizance of an offence

punishable under Chapter XX of the Indian Penal
Violation of right to privacy and right to choose
Code (45 of 1860) except upon a complaint made by
some person aggrieved by the offence. This Court has recognized sexual privacy as a natural right,
protected under the Constitution. Sharing of physical
2. For the purposes of sub-section (1), no person other
intimacies is a reflection of choice.[2] To shackle the sexual
than the husband of the woman shall be deemed to
freedom of a woman and allow the criminalization of
be aggrieved by any offence punishable under
consensual relationships is a denial of this right.
Section 497 or Section 498 of the said Code:

Provided that in the absence of the husband, some person

who had care of the woman on his behalf at the time when
Opposed to "constitutional morality"
such offence was committed may, with the leave of the Court,
make a complaint on his behalf. It is not the common morality of the State at any time in
history, but rather constitutional morality, which must guide
the law. In any democracy, constitutional morality requires
the assurance of certain rights that are indispensable for the
Section 497 violates Articles 14 [Equality before law]
free, equal, and dignified existence of all members of society.
A commitment to constitutional morality requires enforcement
Section 497 treats men and women unequally, as women are
of the constitutional guarantees of equality before the law,
not subject to prosecution for Adultery, and women cannot
non-discrimination on account of sex, and dignity, all of which
prosecute their husbands for Adultery. Additionally, if there is
are affected by the operation of Section 497.
"consent or connivance" of the husband of a woman who has
committed Adultery, no offence can be established. The
section lacks an adequately determining principle to
Page 14
Breakdown of marriage has 48.20% female population compare to 51.80% male
population.
In many cases, a sexual relationship by one of the spouses
outside of the marriage may lead to the breakdown of Effective Measures to Control:
marriage. But often, such a relationship may not be the cause
but the consequence of a pre-existing disruption of the As we all know that female foeticide is a crime and social evil
marital tie. for the future of women. Hence we should notice the causes
for female foeticide in Indian society. Female infanticide or
_________________________________________________ female feticide is primarily because of sex determination.
Some measures are:
What is Female Foeticide?
• Law must be implemented and one should be surely
Female foeticide is the procedure of abortion to terminate punished if found guilty for this unkind exercise.
female fetus from the womb of the mother before taking birth
after the sex recognition tests like an ultrasound scan. Female • Permanent cancellation of license should be done if it
foeticide and even any sex recognition test is illegal in India.
is going on in medical practice.
It is the shame for the parents who are despairing for a baby
boy as well as doctors doing abortions especially for this.
• Marketing of medical tools specifically for illegal sex
determination and abortion should be a bane.
Causes of Female Foeticide:

Female foeticide has been in practice for periods especially for • Parents must be fined who want to kill their girl
the families who have a preference only male child. Several baby.
religious, social, financial and emotional are the reason for
female foeticide. Therefore the time has been changed now • Campaigns and seminars should be regularly held to
much however, many reasons and beliefs are ongoing in some aware of young couples.
families. Some main reasons for female foeticide are:
• Women should be aware so that they can be more
• Generally, parents don’t want a girl baby because attentive to their rights.
they have to give a big amount as a dowry at
daughter’s marriage. Conclusion:

Forthcoming is the name of your girl child, past is the name of

• There is a faith that girls are always consumer and
your mother. This is the reality that NO PRESENT, NO PAST,
boys are the only producer. Thus Parents understand
NO FUTURE WITHOUT GIRL CHILD. Female foeticide is
that son will earn money for the whole life and care
suicide. So, save the girl child and secure the future. There
their parents however girls will get married a day
will be the dangerous results of the female feticide.
and will have a separate family.
Demography reports warn India that in the next twenty years
there will be a scarcity of brides in the marriage market
• There is a belief that the son will carry the name of
mostly because of the adverse sex ratio.
the family in future however the girl has to carry the
husband’s family. _____________________________________________

• This is a prestige issue in society for parent and Outraging modesty of a woman [S. 354]
grandparent to have a boy baby in the family besides
having a daughter. 354. Assault or criminal force to woman with intent to
outrage her modesty.- Whoever assaults or uses criminal
• There is a stress on the new bride of the family to force to any woman, intending to outrage or knowing it to be
give birth to a male child so she is enforced to go for likely that he will thereby outrage her modesty, [shall be
sex recognition and abort if girl baby. punished with imprisonment of either description for a term
which shall not be less than one year but which may extend
• Illiteracy, insecurity, and poverty of people in society to five years, and shall also be liable to fine.] Outraging the
are also major reasons for girl baby burden. modesty of a woman is an offence provided there is use of
assault or criminal force with the intention for the purpose or
• Science and Technological advancement and utilities knowing it likely that he will thereby outrage her modesty.
have made this very easy task for parents. The offence under this section is different from rape and is of
less seriousness than the one under Section 376. Ingredients
Impact of female foeticide on the sex ratio: The section has two main ingredients: (i) Assault or use of
criminal force to a woman. (ii) Intention of the actor or his
Sex ratio denotes the ratio of females to males in a specific knowledge that he would thereby commit this offence.
region. Many practices like female foeticide and female Outraging the modesty In ordinary language "modest" means
infanticide (killing a baby girl after her birth) have had a freedom from conceit or vanity or propriety in dress, speech
contrary influence on the sex ratio. Thus it rises and promotes and conduct. The word "outrage" has affinity with extremely
many social evils. rude, violent, injurious or insulting act on one hand and it is
connected with guilt, culpability, criminality and deviation
As per the decennial Indian census, Sex Ratio of India is from rectitude on the part of the person committing assault or
107.48. It means 107.48 males per 100 females in 2019. using criminal force on a woman.
Therefore India has 930 females per 1000 males. So, India

Page 15
_________________________________________________ laws such as punishment for grievous hurt and attempt to
murder. But with changing times and increasing cases of acid
What is an acid attack attacks, the Criminal Law (Amendment) Act of 2013 was
passed, which changed the situation in India regarding acid
According to research conducted by UNICEF, acid attacks are attack laws. Sections 326A and 326B were added to the
a major issue all around the world. The crime of acid attack is Indian Penal Code, 1860. These are special provisions for acid
also known as “acid throwing.” In an acid attack, acid is attack cases.
thrown over someone’s face in order to cause a burn on the
face. This is because the face is the part of the body that is Although Sections 326A and 326B were enacted in 2013,
usually not covered. Most of the time, the motive behind there were some other provisions available for victims to get
throwing acid is to torture, maim, disfigure, or kill the justice too. Some provisions relating to compensation for acid
victim. According to the data available, women make up the attack victims were also present in different statutes, but
vast majority of acid attack victims. Nitric, sulphuric, and these provisions were not specially drafted for the crime of
hydrochloric acids are majorly used in acid attacks. When acid attack. So, a need was felt to draft provisions, especially
these kinds of attacks are committed, the motive of the for the acid attack cases, and Sections 326A and 326B came
offender is not to kill the victim but to disfigure the body of into existence.
the victim and put the victim in immense pain, and the
recovery might be very difficult. 78% of acid attacks are Provisions related to acid attacks are as follows-
caused by the rejection of a love proposal or a refusal to
marry, though there are many other causes too, which Section 322 IPC – This Section covers voluntary causing of
include personal hatred, the assumption or knowledge of grievous hurt. This Section provides that if a person causes
extramarital affairs of husband/ wife, etc. grievous hurt to any other person or aims at performing such
an act that might cause grievous hurt to the victim, and this
An acid attack is legally defined under Section 326A IPC. It act is done voluntarily and with the knowledge that the act
provides that any person who causes injury to the victim, might cause grievous hurt, then such an act would amount to
either permanently or partially, by throwing acid is guilty of the voluntary causing of grievous hurt. This Section does not
an acid attack. The injury due to an acid attack is usually carry any punishment on its own, but Section 325 IPC awards
deformity of the victim’s body or maiming. Maiming is an punishment for the act done under Section 322 IPC.
injury to a body part that is so harsh that the affected organ
can no longer be used. Disfigurement, disablement, and the Section 325 IPC – This Section deals with the punishment for
burning of body parts are also some of the injuries caused by voluntarily causing grievous hurt to any person, as defined
acid attacks. It is important that, while throwing acid, the under Section 322 IPC. An exception to this Section is laid
offender must have had the knowledge and intent to cause down under Section 335 IPC (Willingly causing grievous hurt
such an injury as mentioned above. on provocation). So, if anyone voluntarily causes grievous
hurt, then that person is liable under this provision.
For the sake of this section, “acid” has been referred to as any
substance that is acidic or corrosive in character and also has Section 326 IPC– This Section sometimes might be seen as
a burning quality to it. This substance is also quite capable of covering the offence of acid attack, but in reality, it does not
causing permanent or temporary scars over the body parts cover the offence of acid attack. This Section deals with
along with causing disfigurement or disablement of the body voluntarily causing grievous hurt with a dangerous weapon,
or body parts. but not with acid. The definition of Section 326 is relatively
restricted; thus, it does not address the offence of acid attack
Permanent or partial harm or deformity is not necessary to be because:
irreversible for the purposes of this clause.
• It does not include such types of injuries which may
Essentials for acid attack arise due to acid throwing by any person, for
example, burns on body parts etc.
Although even an attempt to throw acid has been made
punishable under the Indian Penal Code but there are some • This clause does not cover any provision related to
essentials of an acid attack which are as follows-
the act of managing acid attacks, i.e., purchasing
them or preparing for the acid attack.
• Acid throwing/ attempting to throw/ administering
the acid
• This provision does not deal with such a situation if
no injuries take place, that is a very big negative of
• Grievous hurt caused this provision as the gravity of this offence is very
high and even an attempt to acid attack should be
• Permanent or partial damage caused (maims, burns, punishable.
disfigures or disablement)
A presumption regarding the acid attack is described
• The offender had the knowledge and intent to carry under Section 114B of the Indian Evidence Act. According to
out this act this Section, if anyone commits the offence of “acid attack,”
then as a general presumption, the court will presume that
So, these are some of the essentials of an acid attack. the offender was very well aware of his actions while having
enough knowledge and intent that such injury was likely to be
Penal provisions dealing with acid attacks in India caused, as specified/ given under Section 326A of the IPC.

Until 2013, acid attacks were not even considered distinct

offences under Indian law and were covered under general
Page 16
Sections 326A and 326B of the IPC were inserted in 2013 on 1919. Some of the key features of these guidelines and
the recommendation of the Justice Verma Committee. normas are listed here-

Section 326A – It deals with grievous hurt caused by the use • The selling of acid over the counter (without a valid
of acid. According to this Section, if any individual uses acid to prescription) was prohibited unless the seller kept a
cause any injury to the victim, either permanently or logbook/ register noting the information related to
temporarily, while having the knowledge that such an act will the sale of acid. This logbook was also supposed to
lead to burns to the body of the victim or will disfigure or include information about the person to whom the
disable any limb of such person or is likely to cause any type acid was sold, the quantity sold, the individual’s
of grievous hurt, then that person will be liable for an acid address and the reason for buying the acid by the
attack. buyer.

Section 326B- This Section deals with punishment for an • The sale will also be conducted only if the customer
attempt to commit an acid attack. According to this Section,
presents a photo ID proving that he or she is over
even though no injury might be caused, the offender will be
the age of 18 i.e. he/ she is a major.
held liable if he/ she throws acid or attempts to throw acid on
the victim.
• Sellers must also disclose all acid stocks with the
competent Sub-Divisional Magistrate (SDM) within
Section 307 IPC – This Section deals with the attempt to
15 days and also in the case of undeclared acid
murder. This Section deals with a situation in which a person
stock. For a violation of any of the directives, the
performs an act that, if successful, might result in the death
SDM has the authority to seize the stock as well as
of the victim. The act must be done with intention and with
levy a fine of up to Rs 50,000.
the knowledge that it will likely result in the death of the
victim. For example- a person X throws a leaking acid bottle
at N, but N somehow survives. Later, it is found out that the
• According to these guidelines, educational
institutions, research laboratories, hospitals,
attack was aimed to kill X then that attack will be covered
government agencies and departments of Public
under this Section. In the acid attack cases, before the
Sector Undertakings are required to preserve and
drafting of specific clauses, this section was also used where
store acid and also must keep a register of acid
the motive was found to be murder, as it is a very heinous
usage and file it with the appropriate SDM.
crime.

There have been various cases that led to the applicability • A person shall be held accountable for the possession
of Section 302 IPC in cases relating to acid attacks. Section and safekeeping of acid on their premises, according
302 of the IPC deals with punishment for murder. As per to the rules. The acid must be stored under such
the 226th Law Commission Report, there have been a number supervision that students, workers leaving
of cases where the offender was convicted under Sections 302 laboratories or places of storage where acid is
and 307 IPC. In the case of Gulab Sahiblal Shaikh v. State of utilised must be checked.
Maharashtra (1988), the victim’s brother-in-law threw acid at
the victim (a woman) due to her refusal to give money in So these were some of the guidelines put forward by MHA. As
order to maintain the second wife of her husband. When the the topic falls under the authority of states, the MHA also
attack took place, the victim was holding her two-and-a-half- asked states to formulate their own guidelines based on
year-old baby girl. The victim suffered acid burns on the left model norms.
side of her body, including her face, breasts, and hand, and
Punishment for an acid attack in India
her young daughter lost her sight. The woman couldn’t
recover from such burns and thus died due to the same. In
As mentioned above, punishment for an acid attack was
this case, the Court sentenced the brother-in-law to life
earlier awarded under different provisions of the IPC, but after
imprisonment and a fine of Rs. 1000, as well as harsh
the Criminal Law Amendment Act of 2013, punishment for the
imprisonment for a month, under Section 302 of the IPC, but
offence of an acid attack is mostly awarded under Sections
the fine didn’t go to the victim’s daughter under the
326A and 326B of the IPC. All the provisions which award
concerned judgement.
punishment for this offence are given as under-
Section 302 IPC is also applicable now if the acid attack
As per Section 326A IPC, the person who commits an acid
results in the victim’s death.
attack shall be punished by imprisonment of either kind for a
term that must not be less than 10 years, but which may
Provisions related to the regulation of acid sales
extend to life imprisonment upon the court’s discretion, and a
2013 was the year when initial steps were taken to regulate fine.
acid sales in India. Firstly, the Supreme Court observed an
As per Section 326B IPC, the person who attempts to commit
increasing number of acid attack cases in the country and felt
an acid attack shall also be punished with imprisonment of
the need for steps to be taken to control this offence. The
either kind for a period that must not be less than five years
Supreme Court issued orders regarding the sale of acids as
but may be extended up to seven years, and a fine,
the first step towards its control. After these orders, the
regardless of the nature of the victim’s injuries, will also be
government started working on provisions related to sale
imposed.
regulations. The Ministry of Home Affairs, after due diligence,
started providing guidance to states on ways to control the
________________________________________________
sale of acid. The Model Poisons Possession and Sale Rules,
2013, were made under the parent Act- the Poisons Act of
Voyeurism meaning

Page 17
The origin of the word “voyeurism” is voyeur, which is a In accordance with this section, the punishment which is
French word meaning “one who looks.” It refers to an action prescribed for stalking is three years simple or grievous
by any male of looking at a woman secretly. It is an act that imprisonment and fine for the first offence and a subsequent
invades someone else's personal space and privacy. Putting offence has sentence of five years of imprisonment and fine.
someone in a position where you determine whether or not to
see their body or personal activities is atrocious and more Essentials of stalking under Section 354D IPC
damaging to their mental health than it is to their physical
health. This can occur either by unauthorized observation, like The following elements are required for the stalking offence to
installing a camera in the courtroom, or through the be considered a violation of Section 354D of the IPC
dissemination of recordings or images against the victim's
choice and preference, such as posting nude or semi-naked 1. It must be committed by any man.
photos online.
2. The following man tried to contact any woman
Provisions of Voyeurism under IPC - 354C against her interest.

Under the Indian Penal Code, 1860, Voyeurism is explained 3. The act of the man creates a certain repeatedness.
as:
4. There should be an absence of interest against the
“Section 354C. Voyeurism.—Any man who watches or part of the woman.
captures the image of a woman engaging in a private act in
Modes of Stalking
circumstances where she would usually have the expectation
of not being observed either by the perpetrator or by any
There is no one style that constitutes stalking as a crime, but
other person at the behest of the perpetrator or disseminates
rather a myriad of possibilities and techniques, some of which
such image shall be punished on first conviction with
are as follows:
imprisonment of either description for a term which shall not
be less than one year, but which may extend to three years.
1. Tracking the girl;
It shall also be liable to a fine and be punished on a second or
subsequent conviction, with imprisonment of either 2. Sending offensive messages;
description for a term which shall not be less than three years
but which may extend to seven years, and shall also be liable 3. Coercive attempt to communicate;
to fine.
4. Taking her pictures without her consent;
Explanation 1. —For the purpose of this section, “private act”
includes an act of watching carried out in a place which, in the 5. physical assault, sexual assault threats, and threats
circumstances, would reasonably be expected to provide of physical violence;
privacy and where the victim's genitals, posterior, or breasts
are exposed or covered only in underwear; or the victim is 6. standing outside the house while making an
using a lavatory, or the victim is doing a sexual act that is not unnecessary visit;
of a kind ordinarily done in public.
7. Using Social media and other apps used for stalking.
Explanation 2. —Where the victim consents to the capture of
the images or any act, but not to their dissemination to third Types of Stalker
persons, and where such image or act is disseminated, such
dissemination shall be considered an offense under this 1. Rejected stalker
section.”
Some stalkers have just gone through a breakup or have
_________________________________________________ been rejected by someone they wanted to be in a relationship
with. The stalker can be trying to patch up their relationship
What crime is defined under Section 354D IPC or just want to hang around the victim as much as they can.
In other cases, they are enraged and seek retaliation after
Stalking as defined under the Section 354D IPC occurs when being rejected.
man repeatedly approaches a woman for the personal
connections, even after the lady has made it obvious that she 2. Resentful Stalker
is not interested in getting to know him. This also covers
online stalking as well which means monitoring her usage of Some individuals turn to stalking because they believe they
internet, email or other types of electronic communications. have been wronged in some way. These stalkers frequently
suffer from a mental illness, feel paranoid or persecuted, and
There are further exceptions to it, they are as follows: may exhibit self-righteousness and self-pity. One strategy for
exacting retribution for the victim’s alleged mistreatment is to
1. If a man pursued a woman as a part of his stalk them. As they follow the victim, they believe they have
responsibility to a state to detect the crime or some control over them.
prevent it from happening.
3. Heroic stalker
2. To follow any instructions or rules issued by a person
with the legal authority. Those who want to have a romantic relationship with the
victim or engage in other forms of closeness with her and who
3. Any other circumstances that would allow his actions think they may win her love by doing so.
to be defended as reasonable.

Page 18
 4. Predatory stalker equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants".
Predators frequently have aberrant sexual fantasies or are
sexually fixated. Mostly male, these stalkers target women On July 8, 2019, the Protection of Human Rights
who are strangers to them but who they have feelings for. (Amendment) Bill, 2019 was introduced in Lok Sabha by the
Voyeurism can be the beginning, which sets the stage for a Minister of Home Affairs, Amit Shah. This bill proposes
sexual assault. amendments to the Protection of Human Rights Act, 1993
established the NHRC, State Human Rights Commissions
5. Incompetent stalker (SHRC), and Human Rights Courts.

These stalkers tend to be unsuccessful in romantic Composition of NHRC:

relationships, lonely, and prey on total strangers or passing
acquaintances. They erroneously believe they may persuade As per the amendment of 2019, the chairperson of the NHRC
the target of their desire to begin dating them. They must be a former Chief Justice of the Supreme Court or a
frequently appear to be unaware of or unconcerned about the Supreme Court Judge.
misery they cause the victim. The social skills of many of
these stalkers are lacking. NHRC comprises of a chairman, five full-time members, and
seven deemed members. The other members should be:
6. Intimacy seeker
(i) One Member who is, or has been, a Judge of the Supreme
The intimacy-seeking stalker, who is frequently mentally ill, Court of India
thinks the victim will love them or eventually learn to love
them, and they might even have a hallucination that the (ii) One Member who is, or has been, the Chief Justice of a
victim already loves them. They frequently concentrate on High Court
well-known or well-known personalities.
(iii) two Members to be appointed from among persons having
7. Hitman knowledge of, or practical experience in, matters related to
human rights
The most hazardous victims are those who are being followed
by a hired murderer with the intent to kill or seriously hurt Apart from these members, the Chairpersons of National
them. Commission for Minorities, National Commission for SCs,
National Commission for STs and National Commission for
Punishment for stalking under Section 354D IPC Women serve as ex officio members.

Section 354D, specifies the punishment for stalking. It Who appoints the chairman of NHRC?
includes the punishment, which is that, for a primary
conviction, anyone convicted of stalking faces a sentence of The President appoints the chairperson and members of the
imprisonment of either description for a term that may not NHRC on the recommendation of a committee chaired by the
exceed three years and must pay the fine liability. For a Prime Minister of India.
secondary conviction, an accused person faces a sentence of
imprisonment of either description for a term that may not Functions of NHRC:
exceed five years as well as the fine.
According to the protection of the Human Rights Act, 1993,
In the 1995 case of Rupan Deol Bajaj v. Kanwar Pal Singh below are the functions of NHRC:
Gill, the Supreme Court plainly instructed the Magistrate to
consider the complaint under Sections 354 and 509. a) Inquire, on its own initiative or on a petition presented to it
by a victim or any person on his behalf, into complaint of-
Important case laws on stalking i) violation of human rights or abetment or
ii) negligence in the prevention of such violation, by a public
In the case of Shri Deu Baju Bodake v. The State of
servant;
Maharashtra, (2016), the Bombay High court investigated a
case involving the death of women and after discovering it
b) intervene in any proceeding involving any allegation of
was found that the cause of her death was ongoing
violation of human rights pending before a court with the
harassment and stalking by the offender. She was the target
approval of such court;
of the accused’s harassment and stalking while she was at
work and despite her resistance and lack of interest. The High c) visit, under intimation to the State Government, any jail or
Court held it important to record Section 354D coupled with any other institution under the control of the State
abetment to suicide to punish the guilty. Government, where persons are detained or lodged for
purposes of treatment, reformation or protection to study the
________________________________________________
living condition of the inmates and make recommendations
thereon;
National Human Rights Commission:

d) review the safeguards by or under the Constitution or any

The National Human Rights Commission (NHRC) is responsible
law for the time being in force for the protection of human
for the protection and promotion of human rights in India. The
rights and recommend measures for their effective
Protection of Human Rights Act, 1993 states that the
implementation;
commission is the protector of "rights relating to life, liberty,

Page 19
e) review the factors, including acts of terrorism that inhibit • Take suo motu cognizance of, or intervene in, any
the enjoyment of human rights and recommend appropriate matter brought before it, or in any other court with
remedial measures; the court's authorization, including a grave violation
of human rights and/or negligence in preventing such
f) study treaties and other international instruments on violations.
human rights and make recommendations for their effective
implementation;
• Visit any jails or other institutions to keep an eye
on how detainees are treated and make
g) undertake and promote research in the field of human
recommendations to the appropriate government.
rights;

h) spread human rights literacy among various sections of • Examine the Indian Constitution and all other
society and promote awareness of the safeguards available current legislation, and recommend ways to bring
for the protection of these rights through publications, the them up to date with current human rights
standards.
media, seminars and other available means;

i) encourage the efforts of non - Governmental organizations • Keep an eye on India's unemployment rate and
and institutions working in the field of human rights; make ideas for how to minimise it.

j) such other functions as it may consider necessary for the • Ensure that international human rights norms
promotion of human rights. are implemented precisely and in compliance with
international treaties.
Working of the NHRC
• Conduct and promote research, as well as raise
• According to Section 2(1)(d) of the Protection of awareness about the area using a variety of
Human Rights (PHR) Act, human rights are defined multimedia sources, to guarantee that the greatest
as the rights related to an individual's life, liberty, number of people in the country are aware of it.
equality, and dignity guaranteed by the Constitution
or embodied in international covenants that are • In the case that the Chairperson is incapacitated or
enforceable by courts in India. the members are requested to do so by the President
of India, the members of the NHRC have the
• The headquarter of the commission is located in New authority to assume the office or duties of the
Delhi. Chairperson.

• The primary function of the Commission is to • The NHRC has the jurisdiction to make
disseminate knowledge of human rights to the recommendations to the relevant government
general public and encourage all stakeholders in the authority for payments relating to victim
area of human rights education, not just at the compensation.
national level, but also at a global level.
• It has the authority to suggest that action be taken
• It deals with complaints of human rights violations against a disgruntled public servant to the
submitted by individuals, groups, or organizations. appropriate authorities.

• Complaints are registered and investigated, and if • It has the competence to suggest to the appropriate
found to have substance, the Commission can government authority the provision of interim
recommend prosecution or relief for victims. remedies to a victim.

• The investigative team is headed by the Director Powers related to Inquiries

General of Police (DGI).
• The Commission is given the powers of a Civil
• It also has the authority to enlist the assistance of Court in investigating complaints lodged under the
any officer or investigative agency belonging to Act, including the ability to try a suit according to the
either the Central or State Government, to aid in directives of the Code of Civil Procedure, 1908, in
their investigations. particular matters as prescribed, including but not
limited to
• If complaints are related to the armed forces, the
Commission calls for a report from the central o Obtaining a summons and conducting an
government and may make recommendations. Non- oath-taking examination of a witness
governmental organizations may also be involved in
investigations. o Documentation creation

________________________________________________ o Obtaining affidavits as evidence

Role of National Human Rights Commission o issuing subpoenas for witnesses and
documents to be examined
General Powers

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 • In addition to these powers, the NHRC has the Constitution of State Human Rights Commission
authority to compel an individual to provide
information that the Commission deems It consists of two members and a chairman. The
necessary in a case, as well as to enter any chairperson should be a retired Chief Justice of the
premise where they have reason to believe certain High Court. The members should be serving or retired
documents may be found, which they deem judges of the High Court or district judges with at least
necessary in a case, and to seize and copy them. seven years of experience and someone with
knowledge or practical experience in human rights.
Powers related to Investigation
The Chairperson and members of the SHRC are
• After receiving approval from the Central or State appointed based on the recommendations of a
committee by the Governor:
Governments, the NHRC has the authority to use
agencies to conduct investigations in regard to
any inquiry lodged with them. • The Speaker of the Legislative Assembly

• To ensure the quality and validity of data obtained, • The legislative council’s Leader of the
the NHRC might conduct any investigation and Opposition
question any witness as necessary to meet this
purpose. • The legislative assembly’s Leader of the
Opposition
• Furthermore, if the NHRC deems it necessary
to investigate any individual and believes that • The Chief Minister (chairperson)
their reputation may serve as a bias for or
against them in a trial, it has the authority to offer • The Home Minister
such individuals an opportunity to defend themselves
and be heard in the proceedings. • The Legislative Council’s Chairman

Composition Only the Supreme Court Chief Justice can appoint a

sitting HC judge or a sitting district judge.
• Chairperson: The chairperson is either a retired
Chief Justice of India or a Supreme Court judge.

Functions of the States Human Rights Commission

• The President appoints them based on the
recommendations of a six-member commission that
The functions of the States Human Rights Commission are as
includes:
follows:

o Leaders of the Opposition in both Houses of

Parliament
• To investigate any breach of human rights or failure
to prevent such violations by a public servant, either
o Union Home Minister on its own initiative or in response to a petition or a
court order.
o Prime Minister (head)
• To intervene in any pending legal proceedings
o Speaker of the Lok Sabha including allegations of human rights violations.

o Deputy Chairman of the Rajya Sabha • Visit jails and detention centers to assess detainees'
living conditions and make recommendations.
• A current or retired Supreme Court judge is one of
the members. • Review and recommend steps for effective
implementation of constitutional and other legal
• A serving or retiring Chief Justice of a High Court is safeguards for the protection of human rights.
one of the members.
• Review the circumstances that obstruct the
• Three Members: Having knowledge of or practical enjoyment of human rights, including acts of
expertise with human rights issues. (One must be a terrorism, and make recommendations for solutions.
Woman)
• To conduct and encourage research on human rights
• Seven ex-officio members: Chairpersons of the issues.
National Commission for Scheduled Castes and
Scheduled Tribes, National Commission for Minorities • People's human rights literacy should be promoted,
and National Commission for Women, National as well as awareness of the measures available to
Commission for Backward Classes, the National defend these rights.
Commission for the Protection of Child Rights, and
the Chief Commissioner for Persons with Disabilities Powers of the States Human Rights Commission

_________________________________________________
_
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 • The Commission has the authority to govern its own • The Karnataka State Human Rights
procedure. It has all of the functions of a civil court Commission issued suo moto notices to the
and conducts judicial proceedings. Commissioners of Labour and Social Welfare
departments regarding the employment of child
• It may request information or a report from the state labor in railway stations.
government or any other authority that has
previously been subordinate. _________________________________________________
_
• The Commission has no authority to investigate any
Powers of SHRC
matter after one year has passed after the alleged
violation of human rights occurred.
The National Human Rights Commission Act of 1993
mandates the establishment of state-level human rights
• To put it another way, it can investigate a problem
commissions. The Governor appoints the chairman and two
within a year of its occurrence.
other members of the state commission.

The Commission may take any of the following steps during or

The following are the SHRC’s powers:
upon the completion of an inquiry:

• It possesses all the civil court’s authorities, and its

• It may suggest that the victim's compensation or
proceedings are judicial.
damages be paid by the state government or
authority.
• It has the authority to intervene in any action
involving a breach of human rights.
• It may suggest to the state government or authority
that criminal charges or other actions be brought
• It has the authority to review and safeguard human
against the state government.
rights protection.

• It may suggest to the state government or authority

During or after an investigation, the Commission may take
that the victim be granted prompt interim relief. any of the following actions:

• It may seek direction, order, or writs from the • It could imply that the state government or authority
Supreme Court or a state high court. will pay the victim’s compensation or damages.

• The state government receives the Commission's • It could advise the state government or authority
annual or special reports. These reports are that criminal charges or other proceedings be
presented to the state legislature, together with a launched against it.
memorandum of action taken on the Commission's
recommendations and the reasons for rejecting any
• It could be suggested to the state government or
of them.
authority that the victim be given an immediate
interim remedy.
Human Rights Courts

• It can ask the Supreme Court or a state high court

• The Protection of Human Rights Act (1993) also
for guidance, orders, or writs.
provides for the formation of Human Rights Courts in
each district to expedite the prosecution of human
rights violations.
• The Commission’s yearly or special reports are
delivered to the state government. These reports and
a memorandum of action taken on the Commission’s
• The state government may establish these courts
recommendations and the reasons for rejecting any
only with the approval of the Chief Justice of the
of them are delivered to the state legislature.
state's High Court.
Conclusion
• The state government selects a public prosecutor or
an advocate (with seven years of experience) as a Human rights are fundamental rights necessary for a person’s
special public prosecutor for each Human Rights growth as a human being. The Constitution protects
Court. fundamental rights such as Fundamental Rights and DPSPs.

Achievements of SHRC The commission should be able to provide interim and

immediate relief to the victim, including monetary assistance.
• The State Human Rights Commission of Tamil The tribunal should also have the power to prosecute human
Nadu directed the state government to compensate rights violators, which might deter future transgressions.
Rs.75 lakhs to 15 Irula tribal members for the
harassment by the Villupuram police. _________________________________________________

• The Assam State Human Rights Commission has Women Trafficking in India: India is also a destination for
taken a suo moto case on the fake encounters in women and girls from Nepal and Bangladesh trafficked for the
the state. purpose of commercial sexual exploitation. Nepali children are
also trafficked to India for forced labour in circus

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shows.[citation needed] Indian women are trafficked to the have achieved high positions in various fields, including
Middle East for commercial sexual exploitation. Indian politics, business, and entertainment.
migrants who migrate willingly every year to the Middle East
and Europe for work as domestic servants and low-skilled Challenges and Struggles
labourers may also end up part of the human-trafficking
industry. In such cases, workers may have been 'recruited' by Despite these achievements, women in India still face
way of fraudulent recruitment practices that lead them significant challenges. Gender discrimination, violence against
directly into situations of forced labour, including debt women, and unequal pay continue to be major issues. Female
bondage; in other cases, high debts incurred to pay foeticide and infanticide, particularly in rural areas, remain a
recruitment fees leave them vulnerable to exploitation by significant concern. Women’s safety and security are also a
unscrupulous employers in the destination countries, where significant issue, with many incidents of sexual harassment
some are subjected to conditions of involuntary servitude, and assault reported each year.
including non-payment of wages, restrictions on movement, Legal Rights for women in India
unlawful withholding of passports, and physical or sexual Women in India have been granted various legal rights over
abuse. In a recent survey in India, prostituted women cited the years to promote gender equality and protect their
the following reasons for their remaining in the trade, reasons interests. Here are some of the most important legal rights
that have been echoed in all concerned countries. In that women in India have:
descending order of significance, they are: poverty and
unemployment; lack of proper reintegration services, lack of Right to equality
options; stigma and adverse social attitudes; family
Article 14 of the Indian Constitution guarantees the right to
expectations and pressure; resignation and acclimatization to
equality to all citizens, regardless of their gender.
the lifestyle. The two principal Indian laws that address
trafficking and prostitution in particular are:
Right to education
• The Suppression of Immoral Traffic in Women and Girls Act
The Right of Children to Free and Compulsory Education Act,
of 1956 (SITA) and
2009, makes it mandatory for all children, including girls,
between the ages of 6 and 14 to receive education.
• The Immoral Traffic (Prevention) Act of 1986 (ITPA),
colloquially called PITA, an amendment to SITA.
Right to work

Neither law prohibits prostitution per se, but both forbid

The Equal Remuneration Act, 1976, ensures that men and
commercialized vice and soliciting. Aside from lack of
women receive equal pay for the same work.
enforcement, SITA is problematic in several ways. One of its
drawbacks is that the prescribed penalties discriminate on the Right against sexual harassment
basis of sex: a prostitute, defined under SITA as always a
woman, who is arrested for soliciting under SITA could be The Sexual Harassment of Women at Workplace (Prevention,
imprisoned for up to a year, but a pimp faces only three Prohibition, and Redressal) Act, 2013, provides a framework
months. SITA allowed prosecution of persons other than the for addressing complaints of sexual harassment at the
prostitutes only if the persons involved "knowingly" or workplace.
"willingly" made women engage in prostitution. Accordingly,
pimps, brothel owners, madams, and procurers could feign Right to property
ignorance of prostitution and escape punishment. The client,
moreover, was not viewed as an offender and could not be The Hindu Succession Act, 1956, was amended in 2005 to
sanctioned under SITA. Finally, SITA only addressed street give equal inheritance rights to daughters in Hindu families.
prostitution; prostitution behind closed doors was left alone --
a loophole that actually promoted the establishment of Right to marriage and divorce
brothels.
The Hindu Marriage Act, 1955, gives women the right to seek
_________________________________________________ divorce on various grounds, including cruelty and adultery.

Status of women in india Right to health

Introduction The Maternity Benefit Act, 1961, provides women with paid
maternity leave and other benefits during pregnancy and
Women have been an integral part of India’s culture and childbirth.
society since ancient times. However, the status of women in
India has been a topic of debate and concern for many years. Right against domestic violence
Despite the progress made in recent years, there are still
many challenges that women in India face today. The Protection of Women from Domestic Violence Act, 2005,
provides legal protection to women from physical, emotional,
Progress and Achievements and verbal abuse by their spouses or relatives.

In recent years, there have been many positive developments Overall, while women in India have come a long way in terms
in India’s efforts to empower women. The government has of legal rights, there is still a lot of work to be done to ensure
implemented several programs and policies aimed at full gender equality and protection from discrimination and
improving women’s health, education, and economic violence.
opportunities. There has been a significant increase in the
number of women participating in the workforce, and women The Way Forward

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To address these challenges and improve the status of women advertisement‟ includes any notice, circular, label, wrapper or
in India, there needs to be a concerted effort from all sectors other document and also includes any visible representation
of society. The government needs to continue to implement made by means of any light, sound, smoke or gas.9 The
policies that promote women’s health, education, and amendment suggested by the National Commission for
economic empowerment. There needs to be a greater focus Women suggests to amend the definition to “advertisement‟
on gender sensitization and education at all levels of society. includes any notice, circular, label, poster, wrapper or other
The media also has a role to play in promoting positive document and also includes any visible representation made
messages about women and combating gender stereotypes. by means of any laser light sound, smoke, gas, fiber, optic
electronic or other media” it states that no person shall
Conclusion produce or cause to be produced, sell, let to hire, distribute,
circulate or send by post any book, pamphlet, paper, slide,
In conclusion, the status of women in India has improved film, writing, drawing, painting, photograph, representation or
significantly in recent years, but there is still a long way to go. figure which contains indecent representation of women in
It is essential to recognize the achievements made so far and any. The NCW recommended that Section 2(b) of the Act be
continue to work towards a more equitable and just society modified to read as “Derogatory representation of women
for women. By addressing the challenges that women in India means the depiction in any manner of the figure of a woman,
face and promoting gender equality, we can ensure that her form of body or any part thereof in such a way as to have
women can fully participate in all aspects of life and the effect of being derogatory to or denigrating women and is
contribute to the development of the country. also likely to deprive, corrupt or endanger public morality or
morals.‟ As per the above definition depiction in any manner
_______________________________________________ of the figure of a woman, her form or her body or any part
thereof would amount to indecent or derogatory
CONCEPT OF OBSCENITY: The word „obscenity‟ is derived
representation if it has:
from the Latin word „obscaena‟. The word can be used to
indicate a strong moral repugnance, in expression such as • The tendency to present women as a sexual object.
„obscene profits‟ or „the obscenity of war‟. According to
dictionary meaning, “it is offensive to chastity, delicacy or • The tendency to present a women as a sexual commodity
decency, expressing or presenting to the mind of view for man‟s pleasure, or
something that decent, delicacy and purity forbid to be
exposed, offensive to morals, indecent, impure”.1 According • The tendency to glorify woman‟s subordination to man as an
to the Webster‟s New International Dictionary, “It is offensive attribute to womanhood or • The tendency to glorify ignoble
to chastity or modesty, expressing or preventing to the mind servility as an attribute to womanhood, or • The effect of
or view something that delicacy, purity or decency forbid to being indecent or being derogatory to or denigrating women
be exposed, impure as obscene language, obscene picture, or;
impure, indecent, unchaste, lewd.”
• It is likely to deprave, corrupt or injure public morality or
Section 292 of IPC which deals with the sale of obscene morals.
books, pamphlet, inter alia representation which shall be
deemed to be “lascivious or appeals to the prurient interest”,
which can include obscene advertisements.7 I am including
Indian Penal Code as safety legislation to prevent the indecent
representation of women in advertisements, because of one
logic, “indecent representation of women can be obscene‟,
which means that a law curbing obscenity can come of help.

The sections 292 and 293 of IPC, prohibit publication of any

obscene matter, it can also include lotteries, misuse of
national symbols and inducing animosity amongst the
different sections of society. As per these sections
government has the power to forfeit all the copies of
published material containing anything against above.
Punishment may be in the form of imprisonment or fine, in
certain cases it can be both. But it has been found that these
sections are not sufficient enough in stopping growing
indecent representation of women in publications and in
advertisements.

THE INDECENT REPRESENTATION OF WOMEN

(PROHIBITION) ACT, 1986: The Act punishes the indecent
representation of women, which means “the depiction in any
manner of the figure of a woman; her form or body or any
part thereof in such way as to have the effect of being
indecent, or derogatory to, or denigrating women, or is likely
to deprive, corrupt or injure the public morality or morals. It
states that no person shall publish or cause to publish or
cause to be published or arrange to take part in the
publication or exhibition of any advertisement which contains
indecent representation of women in any form. „In the act,
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