“CRIME AGAINST WOMEN AND PRESENT STATUS OF LAW”
THEME: Criminal Law
SUB-THEME: Women Issues
NAME OF THE AUTHOR: Kanishk Devesh
STREAM AND YEAR: B.A.LL.B. (honors.), Ist year
INSTITUTE: National Law Institute University, Bhopal
NAME OF THE CO-AUTHOR: Neelam Meshram
STREAM AND YEAR: B.A.LL.B. (honors.), Ist year
INSTITUTE: National Law Institute University, Bhopal
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TITLE OF THE PAPER: Legislature For Women: An Analysis.
ABSTRACT1
Since ancient times, women are very vulnerable to crimes.
Efforts have been made to improve the position of women and
thus, reduce the crimes against the women. Despite all such
efforts no such improvement could be recognised in the society
with reference to the daily news. Rabindra Nath Tagore once
said "Oh Lord why you have not given woman the right to conquer her destiny why
does she have to wait head bowed, By the Roadside, waiting with tired patience,
hoping for a miracle in the morrow." This statement clearly shows the
disappointing image of Indian legislature. Present laws and
past events scholarship analyses various crimes against women
in India monolithically. The standard analysis holds that
crimes against women in this recent day are growing day by day
which is unbearable in every possible need. They were
exploited in major point of time in the area of sexuality.
Though there are so many laws present in the statute but this
are kept in Pen & paper. Every day in newspaper we can find
that ―girls are sexually harassed or raped and also cause to1 Kanishk Devesh, Neelam Meshram (National Law Institute University,Bhopal)
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die. Hence the empowerments which are being given by the grace
of democracy or the so called constitutional aspect are in
danger. The beasts of our society do such crimes in a very
rampant way. The recent amendment of the criminal law may be a
stringent one but the statistic says that the quantity of the
crime also cannot be stopped. This paper is divided into three
parts: the first part of this paper deals with what are the
crimes happening against women and the laws related to those
crimes. The second part analyses the present status of such
laws and then the third i.e. the conclusion part derives out
the final conclusion with some suggestions.
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FULL PAPER
COVER PAGE
Kanishk Devesh
National Law Institute University, Bhopal
B.A.LL.B. (Honors.), 1st Year
[email protected]; (+91)9425079025
Neelam Meshram
National Law Institute University, Bhopal
B.A.LL.B. (Honors.), 1st Year
[email protected]; (+91)7587520686
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INTRODUCTION
CRIMES AGAINST WOMEN AND LAWS RELATED TO THEM
“A society that is unable to respect, protect and nurture its
women and children loses its moral moorings and runs adrift.”2
There are various forms of crimes against women- physical,
public, emotional, mental, etc. Some of these crimes are
committed before their birth, in the adulthood and in other
phrases of life as well. There have been attempts to reduce
such crimes and the first step to be taken is to recognize
those crimes. For their recognition, crimes against women can
be classified under two heads: the crimes recognized by the
Indian Penal Code, 1860 (hereinafter referred to as IPC) and
the crimes recognised by the special laws. The crimes
recognized by the IPC3 include: homicide for dowry (Sec.
302/304-B IPC); acid attacks (Sec. 326 IPC); molestation (Sec.
354 IPC); kidnapping for various purposes like forced
marriage, beggary, prostitution, etc. (Sec. 363-373 IPC); rape
2 The Hindu- Opinion Sept, 15 2012 3 http://www.advocatekhoj.com/library/bareacts/indianpenalcode/index.php?Title=Indian%20Penal%20Code,%201860
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(Sec. 376 IPC); Domestic Violence (Sec. 498-A IPC); Sexual
harassment (Sec. 509 IPC). The crimes recognized by special
laws include: Immoral trafficking [Immoral Trafficking
(prevention) Act, 1956]; Dowry (Dowry Prohibition Act, 1961);
indecency [Indecent Representation of Women (Prohibition) Act,
1986]; sati [Commission of Sati (Prevention) Act, 1987].
As per a report by the Lok Sabha Secretariat4 the crimes
against women amount to more than 8% crimes in proportion to
total IPC crimes. Though we have rights as stated in the
constitution5 under section (s): 14, 15, 16, 39(a)(d), 42, etc.
But they seem to be just for namesake as they are not
effective as such. Reports of crimes against women in India
increased by 26.7 percent to 309,546 in 2013 compared to the
previous year, according to the National Crime Records
Bureau. Most crimes are not reported, largely due to the deep-
rooted conservatism of Indian society, where victims are
scared to come forward for fear of being "shamed" by their
families or communities.
4 Members’ reference service, reference note, (No.2/RN/Ref./2013)5 Nikhil Joshi, The Constitution of India 1950 (AIR rotary printing press)
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RAPE6
Rape in India is the fourth most common crime against women in
India. According to figures released by the National Crime
Records Bureau (NCRB), the total number of rape cases reported
in India has gone up to 33,707 in 2013 from 24,923 in 2012. In
15,556 cases, the rape victims were aged between 18 and 30
years in 2013.
Ninety-two women were raped on an average every day in India
and the national capital with 1,636 cases recorded the highest
number of such crimes among all cities last year. The number
of rape cases in Delhi was followed by 391 cases in Mumbai,
192 cases in Jaipur and 171 cases in Pune in 2013.
As per the NCRB data, Madhya Pradesh at an average records 11
rapes every day, with a total of 4,335 such cases, which is
the highest in 2013 among all other states. Madhya Pradesh is
followed by Rajasthan with 3,285 cases, Maharashtra with 3,063
and Uttar Pradesh with 3,050 rape cases.
The data showed that 13,304 cases were reported in 2013 where
the victim was a minor, which were 9,082 in the previous year.
6 http://indiatoday.intoday.in/story/india-rape-92-women-every-day-4-delhi-statistics/1/380956.html
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The data also unveiled a disturbing fact that in the majority
of the cases, the offenders were known to the victims. NCRB
statistics shows that in 94 per cent of the cases the
offenders were familiar to the accused. These offenders
included parents in 539 cases, neighbours in 10,782 cases,
relatives in 2,315 cases and other known persons in 18,171
such cases reported over the year.
FEMALE INFANTICIDE
Female infanticide is the elected killing of a newborn female
child or the termination of a female foetus through sex-
selective abortion7. In India, there is incentive to have a
son, because it is believed that they offer security to the
family in old age and are able to conduct rituals for deceased
parents and ancestors. In contrast, daughters are considered
to be a social and economic burden.8 An example of such burden
could be is dowry. The fear of not being able to pay an
7 www2.webster.edu/~woolflm/femaleinfanticide.html8 Ahmad, N. (2010). Female feticide in India. Retrievedfrom http://www.ncbi.nlm.nih.gov/pubmed/20879612
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acceptable dowry and becoming socially ostracized can lead to
female infanticide for poorer class.9
DOMESTIC VIOLENCE
Domestic violence and emotional abuse are behaviours used by
one person in a relationship to control the other. Partners
may be married or not married; heterosexual, gay, or lesbian;
living together, separated or dating10. Domestic violence is
abuse by one partner against another in an intimate
relationship such as dating, marriage, cohabitation or a
familial relationship. It is the most common crime in India
against women. It is also known as domestic abuse, spousal
abuse, battering, family violence, dating abuse and intimate
partner violence. It can be physical, emotional, verbal,
economic and sexual abuse. Domestic violence can be subtle,
coercive or violent. In India, 70% of women are victims of
domestic violence.11 As per the National Crime Records Bureau
in 2013 around 120,000 cases of domestic violence were
9 Michelle Oberman (2005). "A Brief History of Infanticide and the Law".In Margaret G. Spinelli. Infanticide Psychosocial and Legal Perspectives onMothers Who Kill (1st ed.). American Psychiatric Publishing. ISBN 1-58562-097-1.10 http://www.domesticviolence.org/definition/11 Chowdhury, Renuka (26 October 2006). "India tackles domestic violence".BBC.
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reported. The Indian government has taken measures to try to
reduce domestic violence through legislation such as
the Protection of Women from Domestic Violence Act 2005.
ACID THROWING
Throwing of acid, also called an acid attack, a vitriol attack
or vitriolise, is a form of violent assault used against women
in India. Acid throwing is the act of throwing acid or an
alternative corrosive substance onto a person's body "with the
intention to disfigure, maim, torture, or kill." Acid attacks
are usually directed at a victim's face which burns the skin
causing damage and often exposing or dissolving bone.
Sulphuric acid and nitric acid are most commonly used for acid
attacks. Acid attacks can lead to permanent scarring,
blindness, as well as social, psychological and economic
difficulties. Indian legislature has now regulated the sale of
acid. Compared to women throughout the world, women in India
are at a higher risk of being victims of acid attacks.
DOWRY DEATHS
A dowry death is a murder or suicide of a married woman caused
by a dispute over her dowry. In some cases, husband and in-
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laws do attempt to extort a greater dowry through continuous
harassment and torture which sometimes results in the wife
committing suicide. The majority of these suicides are done
through hanging, poisoning or self-immolation. When a dowry
death is done by setting the woman on fire, it is called bride
burning. Bride burning murder is often set up to appear to be
a suicide or accident. Dowry is illegal in India, but it is
still common practice to give expensive gifts to the groom and
his relatives at weddings which are hosted by the family of
the bride. Women are not always the only primary victims of
dowry deaths. In some cases children are also killed alongside
their mothers.
HONOUR KILLINGS
An honour killing is a murder of a family member who has been
considered to have brought dishonour and shame upon the
family. Examples of reasons for honour killings include the
refusal to enter an arranged marriage, committing adultery,
choosing a partner that the family disapproves of, and
becoming a victim of rape. Honour killings are rooted to
tradition and cannot be justified by any major world religion,
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because none of the major world religions condone honour-
related crimes. The most prominent areas where honour killings
occur in India are northern regions. Honour killings are
especially seen in Punjab, Haryana, Bihar, Uttar
Pradesh, Rajasthan, Jharkhand, Himachal Pradesh, and Madhya
Pradesh.
KIDNAPPING FOR VARIOUS PURPOSES
Children, especially girls, are taken away from lawful
guardianship without the consent of such guardian12 from
various places in India and it has been seen that they are
“used”. They are bought and sold (human trafficking); they are
forced into beggary, prostitution, etc. they are molested,
harassed, raped and even killed for their own purposes. This
has emerged as one of the most heinous c rimes and also among
the most prevalent ones.
INSULT TO MODESTY
Insult to modesty is very commonly seen in public places like
offices, colleges and marketplaces as well. It includes, eve
teasing, uttering of words, making sounds and gestures,
12 Sec. 361 Indian Penal Code (Act. 45 of 1860)Page | 13
molestation, etc. to intrude upon the woman’s privacy.
Molestation is the crime of sexual acts with children up to
the age of 18, including touching of private parts, exposure
of genitalia, taking of pornographic pictures, rape,
inducement of sexual acts with the molester or with other
children and variations of these acts by pedophiles.13
POSITIVE ACTIONS TAKEN BY GOVERNMENT FOR THE SAFETY OF WOMEN
SPECIAL POLICE UNITS TO PROBE CRIMES AGAINST WOMEN14:
Home ministry has proposed setting up 150 special police teams
across the country to probe crimes against women and ensure
victims get justice, the government said.
The Investigative Units on Crimes against Women (IUCAW) would
be deployed in India's 29 states with the aim of strengthening
the criminal justice system by conducting thorough probes,
leading to stronger prosecutions and higher convictions.
13 http://www.advocatekhoj.com/library/glossary/m.php14 http://economictimes.indiatimes.com/news/politics-and-nation/home-ministry-proposes-special-police-unitsto-probe-crimes-against-women/articleshow/45777037.cms
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"The objective of these units will be to investigate cases
referred to them (and) augment the investigative machinery of
the states in relation to the heinous crimes against women,
especially rape, dowry deaths, acid attacks and human
trafficking," said the Home Minister.
The units' responsibilities would include policing,
intelligence gathering, tackling organised crime, monitoring
implementation of laws, spreading awareness and promoting
public participation in checking crimes against women.
RECENT AMENDMENTS IN LAWS PERTAINING TO CRIMES AGAINST WOMEN
Crimes and violence against women were being perpetuated right
from time immemorial. Female feticides, Sati pratha, child
marriage, dowry, social boycott of the widows, etc are just a
few examples of these atrocities.
Many steps have been taken through the years for the benefit
of women. Government and NGOs have been working towards this
cause, and to some extent have been successful too. Many such
Acts and Laws have undergone amendments, from time to time
according to the changing times and patterns of crimes, so
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that women in the modern world can lead a life of respect and
dignity, without any discriminations in a society which may be
considered safe for them.
THE HINDU SUCCESSION ACT, 195615
The Hindu Society's main pillar of strength is the joint and
undivided family, which .traces its origin to the ancient
patriarchal system. The laws of inheritance governing the
devolution of property on the death of the head of the family
followed the doctrine "He who inherits the property, also
offers the pinda ", laid down by the Mitakshara law.16Hence,
only the male members of the family had a right on the
property and the female members were completely left out.
Their share was confined to the dowry and streedhan that were
handed over to the bridegroom and his family members at the
time of her marriage. In essence, therefore, the woman did not
get anything for herself as the dowry and streedhan become the
property of the groom and his family.
The hardships that the Hindu women had to face because of
these laws were officially recognized way back in 1937, when
15 Act 30 of 1956, as amended by Act 39 of 2005.16 Universal's Hindu Laws. Universal Law Publishing Co. Pvt Ltd: 2008:27.
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the Hindu women's Right to Property Act, 193717 was introduced
with the aim of improving the legal position of women
regarding inheritance of property. Nothing much came out of
it. Finally, the Hindu Succession Act, 1956 was passed after
preparing a comprehensive Hindu Code under the chairmanship of
Sir Benegal Narsing Rau (between1944 - 48): Act 39 of 200518
brought in major amendments to this Act.
The most important amendment in it was the removal of gender
discriminatory clause debarring daughters from inheriting
property in a joint Hindu family19 and giving her equal status
as a coparcener in her own right in the same manner as the
son, right from her birth.
Section 23 of the original Act, which disentitled a female
heir from demanding partition and her share of the ancestral
home wholly occupied by her joint family till the male heirs
chose to do so, was repealed by Act 39 of 2005, so as to
further empower the women and free them from their dependence
on the male members of the family for their survival. Further,
by repealing S.24 of the Act of 1956, the new amendment
17Ibid.
18 The Hindu Succession (Amendment) Act,200519 Section 6. Substituted by S. 3, Act 39 of 2005.
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protects the right of the widows of the pre-deceased sons of a
Hindu joint family to inherit her share of the family
property, even after remarriage.
THE PRE-CONCEPTIO AND PRE-NATAL DIAGNOSTIC TECHIQUES
(PROHIBITION OF SEX SELECTION) ACT, 199420
The British discovered the practice of female infanticide
around 1789 among the Rajputs of the Eastern Uttar Pradesh,
Rajasthan, and Bihar.21 Female feticide is now more wide spread
in the country than ever before. From a few states, a few
years ago, this barbaric practice had spread to the whole of
the country. The 2001 census showed that the sex ratio had
plunged to an all time low in Punjab (798), Haryana (819),
Chandigarh (845), and Delhi (868). Even Dadara and Nagar
Haveli, which had 1013 girls/1000 boys in the 1991 census,
showed 979 girls in the 2001 census.22 This inequality is more
pronounced in the Urban than in the Rural communities in the
whole of the country.23
20 Act 57 of 199421 Giriraj R. Changing attitude to female infanticide in Salem. SocialWelfare. February 2004: 13-14 & 34-35.22 Suguna B. Female foeticide: 21st Century gender violence. SocialWelfare. March 2007: 14-16.23 Nagarajan R. Rich don't want daughters, blamed for adverse sex ratio..The Hindustan Times, April 12,2004: 13.
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Finally, the government considered it necessary to bring out a
legislation to regulate the use of and to provide deterrent
punishment to stop the misuse of such techniques, resulting in
the passing of The Pre-Natal Diagnostic Techniques (Regulation
and Prevention of Misuse) Act, 1994.24
Later on, the nomenclature of the Act was amended to its
present.25 Section 3A, which prohibits sex selection on a woman
or a man or on both or on any tissue, embryo, conceptus,
fluid or gametes derived from either or both of them and S.3B,
which prohibits the sale of any ultrasound machine or imaging
device or any equipment capable of detecting sex to any centre
or person not registered under the Act, were both inserted by
the 2002 Amendment Act. However, the Act does not ban the use
of these techniques for detecting genetic or metabolic
disorders.
Clauses3, 4 and 5 were inserted to S. 4of the original Act
with the .specific aim of safeguarding the health of the
pregnant woman, and to ensure that no one coerce her in to
submitting herself for the purpose of sex determination and
24 Act 57 of 1994, before the amendment.25 Section 3. Act 14 of 2003.
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female feticide. They specify that pre-natal diagnostic tests
can be conducted on a pregnant woman only when:
a) she is above thirty-five years,
b) undergone two or more spontaneous abortions or foetal loss,
c) exposed to potentially teratogenic agents such as, drugs,
radiation, infection or chemicals,
d) she or her husband has a family history of mental
retardation or physical or ·any other genetic abnormalities.
Clause2 of S. 5 further prohibits any person from
communicating the sex of the fetus to the pregnant woman
concerned or any of her relatives by any means, thereby
safeguarding the very survival of the Unborn female fetus from
an untimely death; Similarly, subsection C of S.6 again
prohibits the selection of sex before or after conception.
No person who was in any way associated with the use or
promotion of sex-selection tests could be a member of the
Central Supervisory Board under the Act.26 The Appropriate
Authority constituted by the Central and State Governments, as
per the Act, has been empowered to take appropriate legal
action against any person/institute involved in any sex
26 Clause (f) S.14 of Act 57, 1994. Substituted by S.11, Act 14 of 2003.Page | 20
selection techniques either suo moto or when brought to their
notice by any means.27
Section 22 prohibits any advertisement relating to pre-
conception and pre-natal determination of sex or sex
selection. Contravention is punishable with imprisonment up to
3 years and with fine up to Rs 10000 Any person who coerces
the pregnant woman to undergo such tests is punishable with
imprisonment up to 3 years and with fine up to Rs 50,000 for
the first offence and imprisonment up to 5 years and with fine
up to Rs 100,000 for the subsequent offence28 Giving further
fillip to the pregnant woman, the Act provides that unless
proved otherwise, the Courts shall presume that such a
pregnant woman was compelled by her husband/relatives to
undergo the pre natal diagnostic tests.29
THE HINDU MARRIAGE ACT, 195530
Marriage, according to the Hindu Law, is a holy "Sanskar" with
"Kanyadan" and "Saptpadi" or the "Saat Feras" being the basic
27 Sub-clauses (e) - (i) inserted by S.15, Act 14 of 2003 to clause 4, S.17of Act 57 of 1994.28 Sub-sections 2&3 S.23 substituted by S.19, Act 14 of 2003.29 Section 24 substituted by S.20, Act 14 of 2003.30 Act 25 of 1955, as amended by The Prohibition of Child Marriage Act,2006 (6 of 2007).
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and important components of the same. Legislation of the laws
relating to the Hindu marriage began from the Year 1829, the
same year, when "Sati" was abolished by law and was declared a
punishable offence.31 Marriage of the Hindu widows was
legalized in 1856 by The Hindu Widows Remarriage Act. The
Child Marriage Restraint Act was passed in 1929. Many Acts
were passed to legalize inter-caste marriages, inter-marriages
between sub-divisions of the same caste and those within the
same "Gotra", inter-religious marriages, etc. In 1947, the Hindu
Code, drafted by the Rau Committee, was introduced in the
Legislative Assembly and was referred to a Select Committee of
the Constituent Assembly of India. The Code was then split in
to separate parts for facilitating drafting of the laws The
Hindu Marriage Act, 1955 was the first of the series. It
underwent several amendments, the major amendment of which was
The Amendment Act, 1976.32 However the change in the age of the
bridegroom and the bride from the previous 18 and 15 years to
the present 21 and 18 years was effected by the Amendment Act
of 1978.33 The Punishment for contraventions of this clause was
31 Universal's Hindu Laws. Universal Law Publishing Co. Pvt Ltd. 2008: 1.32 The Marriage Laws (Amendment) Act, 1976 (68 of 1976).33 Clause iii S.5 substituted by S.6 of The Child Marriage Restraint(Amendment) Act, 1978 (2 of 1978).
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enhanced to rigorous imprisonment which may extend to 2 years
or with fine which may extend to Rs.100000, or with both.34
The jurisdiction of any case of marital discord would be of
the Court under which the area, in which the complainant wife
resides, falls.35 The Hon'ble Supreme Court on October 25, 2007
directed all States and Union Territories to bring in suitable
legislation within three months to make the registration of
marriage compulsory. A bench' headed by Justice Arijit Pasayat
asked the States and Union Territories to file a compliance
report along with an affidavit after the three months
deadline. The Hon'ble apex court passed the order after noting
that several' states had made registration of marriage
compulsory only for the members of the Hindu community. But by
the Supreme Court order, registration of marriage will be
mandatory for all religions.
THE PROTECTION OF WOMEN FROM DOMESTIC VOILENCE ACT, 200536
Domestic Violence, particularly against women, is widely
prevalent throughout the country, but owing to the patriarchal34 Sub-sections a & b S.18· substituted by S.20, Act 6 of 2007.35 Clause iii a S.19 substituted by S.12, Act 68 of 1976.36 Act of 43 of 2005
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form of a "male dominated" society has been invisible in the
public domain, and wife-beating is professed more as a norm
than as an aberration. Till 2005, The Indian Penal Code37 dealt
with persons inflicting cruelty to a married woman U/S 498-A
or 304-B. The law, therefore, was thought not to be addressing
this phenomenon in its entirety as it dealt only with crimes
committed against a married woman, and that too, for dowry.
Other women - like sisters, mothers, aunts, daughters etc,
though are subjected to violence, have no way of redressal of
their grievances, even though domestic violence is a human
rights issue and a serious deterrent to the development of the
individual concerned. Hence the said Act was passed, keeping
in view the rights guaranteed under Articles 14, 15 and 21 of
the Constitution of India.
The Act covers all women who are or have parties have lived
together in a shared household
and are related by- consanguinity, marriage or through a
relationship in the nature of marriage or adoption, as well as
relationships with family members living together as a joint
family. This includes sisters, mothers, widows, single women
37 Indian Penal Code, 1860. Act 45 of 1860.Page | 24
or living with the accused. "Domestic Violence" has been
defined to include actual abuse or threat or abuse that may be
physical, sexual, verbal, emotional, or economic.
It provides for rights of women to "secure housing". It also
gives the woman a right to reside
in her matrimonial home or shared household, irrespective of
the fact that she may have any rights on such a household or
not. Such a right can be secured by the woman in form of a
"residence order" passed by a Magistrate.
The Act empowers a Magistrate to pass protection orders in
favor of the aggrieved. woman to prevent the accused from
aiding or committing any act of domestic violence, entering
the work place or any place frequented by the staid woman,
isolating any assets used by both the parties or causing
violence to any of her relatives who are providing assistance
to her.
THE MEDICAL TERMINATION OF PREGNANCY ACT, 197138
38 Act 34 of 1971, as amended by The Delegated Legalisation Provisions(Amendment) Act, 2004 (4 of 2005).
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The Indian Penal Code provided for abortion U/S 312-318,
wherein abortion was a crime, for which the mother as well as
the abortionist could be punished except where it had to be
induced to save the life of the mother. This strict law was
being observed in the breach all over the country, resulting
'in the untimely death of many young pregnant women. The said
Act was therefore passed in order to liberalise the existing
provisions relating to the termination of "pregnancy so as to
save the pregnant women's life, health and strength. It
underwent two amendments in 2002 and in 2005.
In the original Act, a person who was not a qualified,
registered medical practitioner, as per the Act, prescribed no
punishment for the offence of termination of pregnancy. It
only stated that the offence was punishable.39 However the
Amendment of 2002 prescribes the punishments for such offences
to be not less than 2 yrs, which can be extended to 7 yrs if
the termination is carried out by a person who is not a
registered medical practitioner under the Act, or if the place
where it was carried out was not an Approved Center. The owner
of such an establishment is also liable for punishment.40 The39 Sub-section 2, S.5, Act 34 of 1971.40 Sub-section 2, 3 & 4, S.5, Act 34 of 1971 substituted by S.5 of TheMedical Termination of Pregnancy (Amendment) Act, 2002 (64 of 2002).
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MTP Regulations, 200341 provide for the maintenance of an
Admission Register for the said purpose; giving full
particulars of the women coming for MTPs and that such
Registers are secret documents and have to be preserved for a
period of 5 yrs.
THE CODE OF CRIMINAL PROCEDURE, 197342
Certain sections were added and some amended in Criminal
Procedure Code for the betterment of women, especially those
who are victims of sexual abuse.
To facilitate the examination of a person charged of rape as
early as possible, after his arrest, S. 53A was added to the
original Code to provide for his examination by any registered
medical practitioner of the area authorized for the said
purpose by a police officer not below the rank of a sub-
inspector, in the absence of an RMP within the radius of 16
Kms from the place where the offence has been committed.
41 Vide G.S.R. 486(E), dared 13th June 2003, published in the Gazette ofIndia, Extra, Pt Il, Sec 3(i).42 Act 2 of 1974, as amended by The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005).
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Sub-Section 2 of S. 53A makes it mandatory to collect material
for DNA profiling from the accused. The same has also been
included in the Explanation of S. 53A and S. 54: "examination
shall include the examination of blood, blood stains, semen,
swabs in case of sexual offences, sputum, sweat, hair samples
and finger-nail clippings by the use of modern and scientific
techniques including DNA profiling and such other tests which
the medical practitioner thinks necessary in a particular
case."
Section 164A provides for the examination of the person of the
victim within 24 hours of receiving the information or
commission of the crime by an RMP employed by the government
or any local authority or any RMP of the area, with the
consent of such woman or by any person competent to give
consent on her behalf. The detailed examination shall include
collection of material for DNA profiling (sub-Section 2).
Section 176 has been amended to provide that in the case of
death or disappearance of a person, or rape of a woman while
in the custody of police there shall be a mandatory judicial
inquiry, both by a Judicial Magistrate or a Metropolitan
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Magistrate, and in case of death, examination of the body
shall be conducted within twenty-four hours.
CONCLUSION
As we can easily see from the aforesaid research the state has
made many efforts to reduce the crimes taking place against
women in India. Where a flaw was seen in the law, it was
amended with effect as soon as possible. Yet, it is the fear
of society or the not-till-now trustworthiness of the police;
the cases reported are much lesser than what actually
happened. The women today does suffer the way it did earlier
but now the sufferers are comparatively less. Only law making
is not sufficient, what must be done is to check as to whether
the law is effective and moreover is it properly regulated in
the society or not. Henceforth are some suggestions related to
this:
TO INCREASE REPORTING OF RAPE AND ASSUALT CASES: To increase
the reporting of such cases at first we need to empower the
women and children. They must be educate on their rights and
encourage them to come forward to register the cases. There
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are many violent cases but due to stigma in the society very
few are reported.
LAW ENFORCEMENT AGENCIES: Low enforcement agencies should be
well trained to react swiftly and with sensitivity towards
the women and children cases.
EXEMPLARY PUNISHMENT: Punishment of every culprit need to be
exemplary. Campaigning of “Zero- tolerance” of sex
offenders. More and more fast track court should establish.
PROPER PLANNING OF THE CITY: Every city should be planned in
a very specific manner. According to Ranjana Kumari,
director of Delhi’s Centre for Social Research, only 37% of
the city was ever planned. "The rest is . . . slums,
villages, with no proper lighting or development," she said
last week. "There are many pockets of crime."
INDIAN POLICE SYSTEM: Neither the Centre nor States have
been proactive in improving the quality of Policing.
Official records shows that only 14 states have either
enacted the New Police Act or amended their existing laws to
incorporate SC's suggestion.
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