Law Relating To Women and Children - Mokal

yw Relating to Women & Children. 3. A uthor Prof. Prakash K. Moklll.
"LAW RELATING TO WOMEN AND CHILDREN"

~eaSyffa6us
CHAPTER-I:
International Concerns and Conventions -
Specify conventions.
c~TER - II :
\\'omen in India -
Position of women in Pre-Independence period;
Social and legal inequality;
Social refonu movement in India;
Karachi Congress - Fundamental Rights Resolution, Equality of Sexes.
CHAPTER - III :
\Vomen in Post-Independence India -
Preamble of the Constitution : Equality provisions in Fundamental Rights and Directive Principles
of State Policy;
Personal laws - unequal position of women;
Uniform Civil Code towards gender justice.
CHAPTER - IV :
Sex Inequality in Inheritance Rights -
Feudal institution of joint family- Women's inheritance position: Hindu Law, Muslim Law;
Matrimonia l property;
Movement towards Uniform Civil Code.
CHAPTER - V:
Guardianship -
Right of women to adopt a child;
Problems of women guardians.
CHAPTER - VI :
Divorce -
The Divorce Act;
Christian Law;
Muslim Law.
CHAPTER - VII :
Criminal Law -
Adultery;
Rape.
Law Relating to Women & Chillfre11. 4. Author - Prot Prakash K. Mokal.
CHAPTER - VIII :
Social Legislations - .
Laws relating to Dowry, Immoral traffic, Female foeticide, Sati, Immoral representation, etc.
CHAPTER - IX :
" 'omen and Employment-
Labour force;
Protective Laws;
Exploitation and harassment in workplaces.
CHAPTER-X:
Protection and Enforcement Agencies -
Courts;
Family Courts;
Commission for women;
NGO's.
CHAPTER - XI :
Social, Constitutional and International Legal Status of Child -
Magnitude of the problem;
Special status of child - national policies;
Constitutional concern - Articles 15 (3), 24, and 45;
International concern and endeavour for the welfare of the children;
Minimum Age conventions;
Child Rights conventions;
U.N. Declaration of the rights of the child, 1924 and 1959.
CHAPTER - XII :
Problems of conception, birth and nourishment and health of the child -
Legal status of child in work;
Tortuous liability against injuries to unborn children;
Coparcenary and property rights of the unborn_children;
Law relating to maternity benefit and relief;
Lack of legal protection of children of impoverished parentage.
CHAPTER - XIII :
State responsibility for the education of children -
Evaluation of the efforts of the State towards the provision of education to children;
Pre-primary and nursery education - elementary education;
Contributions by International Organizations for elementary education - UNESCO, UNICEF.
CHAPTER - XIV :
LegaJ ControJ of Child Labour -
Regulation of' the employment; ?rutection or the health and well-being:
International Conventions and recommendations or the ILO;
yw Relating to Women & Children. 5. Autl,or - Pro/: Prakaslr K. Mokal.
Recommendations of the National Commission of Labour.

Legislations relating to factories, plantation, labour. mines, merchant shipping, motor-transport
workers, apprentices, shop and establishments and child labour.
CHAPTER - XV :
Family Relations and Child -
The status of a child in matters of marriage, legitimacy, guardianship, adoption, maintenance and
custody;
Provisions in the statutes relating to Child Marriage Restraint Act, Guardians and Wards Act,
Hindu Minority and Guardianship Act, Hindu Adoptions and Maintenance Act, and the provisions
in the Indian Evidence Act, 1872.
CHAPTER - XVI :
Child and Contractual Liability -
Minor's agreements;
Testimony of children;
Suits by and against minors.
CHAPTER - XVII :
Child and Criminal Liability -
Crimes committed by child; Crimes committed by others in relation to children;
Implementation of social policy through criminal sanctions in relation to child;
Variation of procedure in case of child offender;
Judicial proceedings in criminal cases relating to children;
Starutory provisions - Sections 82, 83, 299 Explanation 3, 363A, 372 and 376 of the Indian Penal
Code, 1860 - Suppre·ssion of Immoral Traffic Act, 1956 (SITA) - Penal provisions contained in
Child Marriage Restraint Act, 1929 as amended in 1978 - Young Persons Harmful Publications
Act, 1956 - The Children Act, 1960 - Section 27 of the Criminal Procedure Code, 1973 -
Refom1atory Schools Act, 1897 - Juvenile Delinquency Act.
CHAPTER - XVIII :
Law and Offences Against Child -
Protection of neglected children;
lnstirutions for the protection of neglected children;
Juvenile Justice Act, 2000;
Juvenile delinquency - law and offences against child;
Contribution by parents - licensing;
Protection of girls from immora l traffic;
Prevention of vagrancy and beggary.
CHAPTER - XIX :
Discrimination Against Female Children -
Amniocenthesis;
Deferred infanticide through based nutri tional discrimination;
Termination of pregnancy.
a....
Law Relating to Women & Children. 6. Author - Prof. Prakash K. Mok9.k
Recommended Readings :
1) Flavia Agnes - "Law and Gender Inequality".
2) S.N. Jain - "Child and the Law" (ILI).
3) Ajit Ray - Widows Are Not Burning".
4) A. S. Altekar - Position of Women in Hindu Civ ilization".
5) Flavia Agnes - "State, Gender and Rhe tories of Law R eform" .
6) Report of the Committee on th e sta tus of won1en - "Towards Equality".
7) Ratna Kapur and Brenda Crossman - " W01nen, Equa lity and the Constitution".
8) "Engendering Law" - Lectures in honour of Lotika Sarkar.
9) Shobha Saxena - "Crimes Again st Women and Protective Laws.
10) Asha Bajpai - "Child R ig hts in India : Law, Po licy and Practice" (Oxford 200
New Delhi)
11) S.P. Shaw - "Encyclopedia of Laws of the Child in India". (Alia Law Agency).
!:,_aw Relating to Women & Children . 7. Author - Prof. Prakash K. Mokal
Vniversi.ty <Etamination Pu([ Q!iestions & Shan ¾otes

(From April, 2005 to December, 2021)
full Questions :
from April, 2005 to December, 2021 -
[1] April, 2005 (Old Course)

1) How does the Constitution oflndia safeguard interest and rights of women?
2) Discuss provisions with case law under following headings -
a) under Preamble;
b) equality right;
c) special provisions;
d) under directive principles.
3) Explain with case law :
a) Sexual harassment at work places;
b) Right to education.
4) Discuss the protection given to children under the Child Labour (Prohibition and
Regulation) Act, 1986 with respect to -
a) total prohibition of employment;
b) authority who can amend the Schedule;
c) regulation of conditions of work;
d) liability of the employer.
[2] April, 2005 (Revised Course)
S) How does the Constitution of India safeguard interest and rights of women ?
6) Discuss provisions with case law under following beadings -
a) under Preamble;
b) equality right;
c) special provisions;
d) under directive principles.
7) Explain with case law :
a) Sexual harassment at work places;
b) Right to education.
8) Discuss the protection given to children under the Juvenile Justice (Care and Protection to
Children) Act, 2000 with respect to -
a) Juvenile in conflict of law;
b) Authorities and institutions constituted under the Act;
c) Rehabilitation and social integration.
[3] November, 2005 (Revised Course)
9) Discuss Constitutional provisions for the benefit of women.
10) Discuss the main objects of Juvenile Justice (Care and Protection to Children) Act, 2000.
11) Explain the main provisions of the Pre-Natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act, 1994.
12) Discuss fully the provisions of National Commission of Women.
Law Relating to Women & Children . 8. Author-Prof. Prakash K. MokaL
13) Discuss fully the provisions of Maternity Benefit Act, 1961.

14) Discuss fully 'Adultery' under Section 497 of the Indian Penal Code, 1860.
15) Discuss the welfare and safety of women in the Factories Act, 1948.
16) Discuss the right to payment of Maternity Benefit under the Maternity Benefit Act, 1961.
17) Discuss fully the provisions of maintenance under the Hindu Adoption and Maintenanc
Act, 1956.
[6] April, 2007 (Revised Course) [
18) Discuss the protection given to children under the Juvenile Justice (Care and Protection
a) Juvenile in conflict with Jaw;
b) Authorities and institutions constituted under the Act;
c) Rehabilitation and social integration.
19) Discuss the Constitutional provisions for the benefit of the women and explain how does
safeguard the interests and rights of women.
20) Discuss in detail the divorce of the women under Muslim Law.
21) Discuss the provisions with respect to the protection against discrimination to wome
guaranteed under the Constitution of India.
22) Discuss the following provisions under the Maternity Benefits Act, 1961 -
a) Notice of claim for Maternity Benefit and Payment thereof;
b) Prohibition of dismissal during absence of pregnancy.
23) Discuss the following provisions under the Immoral Traffic Prevention Act, 1956 -
a) Punishment for keeping a Brothel or allowing premises to be used as a Brothel;
b) Punishment for living on the earnings of Prostitution;
c) Procuring, inducing or ta~ng person for the sake of Prostitution. [
(8] April, 2008 (Revised Course). .
24) Maintenance of women and children under the -
i) Special Marriage Act 1954·
ii) Parsi Marriage and Divor~e Act, 1936·
25 1nd
) ian Constitution and Fundamental Rights and Prohibition of Discrimination on the
Ground of Sex.
26) The Indian Christian Marriage Act, 1872 - Persons by who m marnages · may be solemmze
.·
[9J November, 2008 (Revised Course)
27) Discuss the Constitutional provisions for the benefit of women d explain how does
safeguard the interests and rights of women. an
28) D~scuss ~be We_Jfare and ~~fety of women in the Factories Act, 1982.
29) Discuss m detad the provisions of Maintenance of wit·e and I 'Id
Adopt,on. and Mamtenance
. Act, 1956. • c 11 reo under the Hin
30) Discuss the following, under the provisions of the Hindu Ma · A
. .. . · rnage ct, 1955
1) Cond1twns for a vahd marriage. ·
H) Ceremonies for a marriage.
iii) Registration of marriage. [
iv) Voidable marriage.
fdl"' Relating to Women '-~ Cltildren . 9. Autltor - Prof. Praka.'ih K. Mokal.
Jt)Write in detail, the offences relating to marriage under the Indian Penal Code, 1860 with
respect to women under the following heads -
i) Cohabitation by deceitful means - Section 493.
ii) Bigamy - Section 494.
iii) Adultery - Section 497.
32) Write in detail, the status of women in pre-independent India and trace some of the
historical events, which led to the improvement of their status..
[1 OJ April, 2009 (Revised Co11rse)

33) Write in detail the status of women in pre-independent India and trace some_of the historical
e, ents which led to the improvement of their status.
1
34) Discuss the main objects of the Juvenile Justice (Care & Protection of Children) Act, 2000.
35) Discuss the right to payment of Maternity Benefit under the Maternity Benefit Act, 1961.
36) How does Constitution of India safeguard interests and rights of women ?
Discuss the provisions with case law under the following headings -
(i) Under the Preamble;
(ii) Right of Equality;
(iii) Special provisions;
(iv) Under the Directive Principles.
37) Explain the main provisions of the Pre-Natal Diagnostic Technique (Regulation &
38) Discuss the protection given to children under the Child Labour (Prohibition & Regulation)
Act, 1986 with respect to -
(i) total prohibition of employment;
(ii) authority who can amend the Schedule;
(iii) regulations of conditions of w·o rk;
(iv) liability of the employer.
[11) November, 2009 (Revised Course)

40) Explain with case laws, the following -
i) Sexual Harassment at workplace.
ii) Right to Education.
41) Discuss in detail the divorce of Women under the Muslim Law.
42) Discuss the offences against Women under the Indian Penal Code with respect to the
following - i) Dowry death. ii) Rape. iii) Adultery.
43) Discuss the Right to Payment of maternity benefit under the Maternity Benefit Act, 1961.
44) Discuss the need of Prohibition of Immoral Traffic in Women, and also discuss the main
provisions of Immoral Traffic Prevention Act, 1956.
/..
4S) Discuss fully the provisions of Maternity Benefit Act, I 961.
46) Discuss the main objects of 'Juvenile Justice (Care and Protection of Children) Act, 2000.
47) Discuss in detail, the provisions of Maintenance of wife and children under the Adoption and
Maintenance Act, 1956.
48)Discuss in detail 'Adultery' under Section 497 of the Indian Pcnul Code.
Law Relating to Women & Children. 10. Author - Prof. Prakash K M k
. ..!LE.!:.
49) Discuss the Constitutional provisions for the benefit of the women and explain h ,
OW II
safeguards the interests and rights of women.
SO) Discuss in detail, the divorce of women under Muslim Law.
i) Total prohibition of employment.
ii) Authority who can amend the Schedule.
iii) Regulations of conditions of work.
iv) LiabiHty of the employer.
52) Write in detail, the offences relating to marriage under the Indian Penal Code, 1860 with
r·espect to women, under the following cases heads -
i) Cohabitation by deceitful m eans - Section 493.
53) Discuss in detail, the provisions of maintena nce of wife and children under the Adoption and
54) Discuss in detail, the functions of the F amily Court.
55) Discuss the following provisions under the Hindu Marriage Act, 1955 :
i) Conditions for a Hindu Marr iage.
ii) Ceremonies for Hindu M arriage.
iii) Registration of Hindu Marriage.
iv) Viodablc Marriage.
56) Discuss the provisions relating to maintenance of wife and children under the Hindu
Adoptions and Maintena nce Act, 1956.
57) Discuss the welfare and safety of women under the Factories Act, 1982.
58) Write in deta il, t he st atu s of women in Pre-independent India and trace some of the
historical events, which led to the improvem ent of their status.
59) Discuss the Right to Payment of maternity benefit under the Maternity Benefit Act, 1961.
60) Discuss the need of prohibition of immoral traffic in women and also discuss the main
provisions of the Immoral Traffic Prevention Act, 1956.
61) Explain with case law : i) Sexual Harassment at workplace. ii) Right to education.
[15] November, 201 I fR e,•ised Course)
62) Discuss full y, the provisions of the Maternity Benefit Act, 1961.
63) Discuss fully , the objects of the Juvenile Justice (Care and Protection of Children) Act, 2000.
64) Discuss in detail, Rape under Section 375 of the Indian Penal Code.
65) Discn c;s in dl·ta il, the welfare and safety of women in the Factories Act, 1982.
66) Expla in with case law -
i) Sexual Hara~smcnt at work place.
67) Write in deta il the status of women in pre-independent India and trace some of the historir
events which led t o the improvement of their statu s.
68) Discuss Right to Payment of maternity benelit under the Maternity Benefit Act, 196 l.
69) Discus~ the need of prohibition of immoral traffic in women and also discuss the mai~
provisions of Immoral Traffic Prevention Act, 1956.
Law Relating to Women & Children . 11. Author-Prof. Prakash K. Mokal.
70) How does Constitution of India safeguard the interest and right of women ? Discuss
provisions with case law under the foUowing headlines -
i) Under Preamble.
ii) Right to Equality.
iii) Special pro~isions.
iv) Under Directive Principles.
71) Discuss in detail, the divorce of women under Muslim Law.
72) Discuss in detail the provisions of maintenance of wife and children under the Hindu
Adoptions and Maintenance Act, 1956.
iii) Regulations of conditions of work.
iv) Liability of the employer.

74) Discuss in detail, the functions of Family Court.
75) Write in detail the offences relating to marriage under the Indian Penal Code, 1860 with
76) Discuss the Constitutional provisions for the benefit of the women and. explain how it
77) Discuss the welfare and safety of women under the Factories Act, 1948.
78) Discuss the main objects ·o f the Juvenile Justice (Care & Protection of Children) Act, 2000.
79) Explain with case law - i) Sexual Harassment at workplace. ii) Right to Education.
[18) April, 2013 (Revised Course)

80) Discuss the main objects of "The Jvenile Justice (Care & Protection of Children) Act, 2000.
iii) Regulation of conditions of work.
82) Explain with case Jaws the following -
i) Sexual Harassment at work place.
84) How does Co,:istitution of fndia safeguard the interest and right of women ., Discuss
provisions with case law under the following headlines -
i) Under the Preamble.
ii) Right to Equality.
iii) Special provision.
iv) Under the Directive Principles.
85) Discuss in detail the Divorce of Women under the Muslim Law.
12. Author-Pro. Prakash K. Mokal
Law Relatin to Women & Children·
(19] November, 2013 (Revi!ed ~ourste) hild der the Child Labour (Protection and Regulation)
°
86) Discuss the protect10n given c ren un
Act, 1986 with respect to -
iii) Rgulations of conditions of work.
iv) Liability of the employer. . .
87) Write in detail the offences relating to marriage under the Indrnn penal Code, 1860 with
i) Cohabitation by deceitful means - S.493 of the IPC.
ii) Bigamy S. 494 of the IPC. ·
iii) Adultery S. 497 of the IPC.
88)Discuss the right to payment of Maternity Benefit under the Maternity Benefit Act, 1961.
89) Discuss in detail the functions of the Family Court.
90) Discuss the constitutional provisio11s for the benefit of the woman and explain how it
91) Discuss the Health and Safety of Women under the Factories Act, 1948.

92) Describe full)' the objects of "The Juvenile Justice (Care and Protection of Children) Act,
2000.
93) Discuss in detail the status of women in pre-independent India and trace some of the
historical events, which led to the improvement of their status.
94) Explain with case law -
i) Sexual Harassment at work place.
95) Explain the main provisions of "The Pre-Natal Diagnostic Techniques (Regulation and
96) Discuss in detail the divorce of women under the Muslim Law.
97) Dsicuss in detail ' Adultery' under Section 497 of the Indian Penal Code.
[211 November, 2014 (Revised Course)
98) ~~w does Constitution of India_ safeguard interests and rights of women ? Discuss provisions
with case laws under the followmg headings :
i) Under the Preamble;
ii) Right to Equality;
iii) Special provlsions;
iv) Under the Directive Principles.
th
i~~)Dis~_ss ~ _right t~ payment ~f Maternity Benefit under the Maternity Benefit Act 1961
_ ~scuss m detail the functions of Family Court. ' ·
101J Discuss in detail the welfare a d t t Of .
102) o· · d • . n sa e Y women 10 the Factories Act 1948
ISCUSS ID etad the important . . f h ' .
103) Discuss in detail the provisions porf0Mv1s_1otns o t e Dowry Prohibition Act, 1961.
.
Adopt10ns am enance of wife and child d h H'
and Maintenance Act, 1956 _ · ren un er t e mdu
(22] May, 2015 (Re11ised Course)
l04) Discuss the need for Prohibition f 1 .
provisions of the Immoral Traffi . o mmoral Traffic m women and also discuss the main
1c m women.
yw Relating to Women & Children. 13. Author - Prof. Prakash K. Mokal.
t05) Explain the main provisions of the Pre-natal Diagnostics Techniques (Regulation and
l06) Write in detail the offences relating to marriage under the Indian Penal Code, 1860 with
respect to women under the following heads :
107) Discuss the health and safety of women under the Factories Act, 1948.
108) Discuss fully the objects of the Juvenile Justice (Care & Protection of Children)Act, 2000.
109) Discuss in detail the status of women in pre-independent India and trace some of the
historical events which led to the improvement of their status.
[23} November, 2015 (Revised Course)

110) Explain with case law : i) Sexual harassment at work place. ii) Right to education.
111) Discuss in detail 'Rape' under Section 375 of the Indian Penal Code, 1860.
112) Discuss fully the provisions of Maternity Benefits Act, 1961.
113) Discuss in detail 'Adultery' under Section 497 of the Indian Penal Code, 1860.
114) Discuss the following provisions under the Hindu Marriage Act, 1955 :
i) Conditions for a Hindu marriage.
ii) Ceremonies for a Hindu marriage.
iii) Registration of Hindu marriage.
iv) Voidable marriage..
115) Discuss the Constitutional provisions for the benefit of women, and explain bow it
safeguards the interest and rights of women.
[24] May, 2016 (Revised Course)

116) Discuss the evolution ofthe efforts of the State for the provision of education of Children.
117) Discuss the Feudal institution of Joint Family and the women's inheritance position
under various personal laws.
118) Discuss the status of women in Post-Independent India with special reference to the
equality provisions in Fundamental Rights.
120) Discuss in detail the divorce of women under the Mulsim Law.·
121) Discuss the provisions relating to Maintenance of wife and children under the Hindu
Adoptions and Maintenance Act, 1956.
122) Discuss the legal control of Child Labour and also discuss the recommendations of the
National Commission of Labour.
123) Discuss Discrimination against Female Children with reference to the following -
1. Amniocentesis.
2. Termination of Pregnancy.
124) Discuss the various personal laws with special reference to unequal position of women.
l2S) Discuss the need for prohibition of Immoral Traffic in Women and also discuss the main
provisions of the Immoral Traffic (Prevention) Act, 1956.
l26) Discuss the Constitutional Provisions for the benefit of women and explain how it
12
7) Discuss fully the objects of the Juvenile Justice (Care & Protection of Childrcn)Act, 2000.
Law Relating to Women & Children. 14. Author -Prof. Prakash K. Mokqb_
(26] May, 2017 (Revised Course)

128) Need for prohibition of immortal traffic women.
129) Distinction between Adultery and Cruelty.
130) Right to maintenance under the Hindu Adoption and Maintenance Act, 1956.
131) National Commission for women.
132) Restraint of child marriage.
133) Protection to women under the Factories Act, 1948 and Mines Act, 1952.
[27] December, 2017 (Revised Course)

134) Write in detail the offences relating tomarriage under the Indian Penal Code, 1860 wit
i) Cohabitation by deceitful means - S. 493.
ii) Bigamy - S. 494
iii) Adultery - S. 497.
135) Discuss the health and safety of women under the Factories Act, 1948.
136) Discuss the Constitutional provisions for the benefit of the women and explain how it
137) Discuss in detail the important provisions of Dowry Prohibition Act, 1961.
138) Discuss the various personal laws with special reference to unequal position of women.
139) Discuss the legal control of child labour and also discuss the recommendations of the
National Labour Commission.
[28] June, 1018 (Revised Course)
140) Discuss in detail the provisions for maintenance under Section 125 of the Code of
Criminal Procedure with relevant case laws.
141) What are the grounds of Divorce available to a Hindu wife under the Hindu
Marriage Act, 1955?
142) Discuss the provisions relating to Health and Safety of women under the Factories
Act, 1948.
143) Discuss the main provisions of the Juvenile Justice (Care & Protection of Children)
Act, 2000.
144) Discuss in detail the provisions of the Maternity Benefit Act, 1961.
145) Explain the following-i) CEDAW. ii) Convention on Right of Child.
[29] December, 2018 (Revised Course)
146) Discuss the constitutional provisions for the benefit of women and explain how it
safeguards the interest and rights of the women.
147) Discuss the health and safety of women under the Factories Act.
148) Discuss the need of prohibition of immoral traffic in women and also discuss the mai
provisions relating to immoral traffic in women.
149) Discuss in detail the provisions of Maternity Benefits Act.
150) Explain the offence of Rape under Section 375 of the Indian Penal Code.
151) Explain the provisions relating to Uniform Civil Code with relevant case laws.
152) Discuss in detail the functions of the Family Court.
153) Discuss the Constitutional provisions for the benefit of child and explain how it
dafeguards the interest and rights of children.
154) Explain the concept of Uniform Civil Code with relevant case law.
Law Relating to Women & Children . IS. Author - Prof: Pr((/(ush K. Mol<a/,
t55) Discuss in dl'tnil the grounds nvailahle to women for divorce under the Muslim Law.
t56) Explain the ob,ject and important provisions of the Pre Natal Diagnostic T echnique
(Regulation and Prevention of Misuse) Act.
157) Discuss general rule of succession in case of female Hindu .
[31) December, 2019 (Re,·ised Course)

158) E xplain the ingredients r equired to prove the death as Dowry Death.
159) Expa in the term Maintenance under Section 125 of Cr.P.C. with r eference to
maintenance of children and wife.
t60) State the essential conditions of Hindu Marriage.
161) State different grounds of divorce for Musli wife according to the Dissolution of
Muslim Marriages Act, 1939.
162) E xplain the benefits received by women under the Maternity Benefits Act.
t63) " Prohibition of Child Labour is an important step taken by law for d evelopment of
children". - Explain with the help of case law.
(11iese are Tota{163 Puffqumions appeareain tlie Vniversi.ty P:{aminationfrom
;4.pri{2005 to (J)ecem6er, 2019)
[32] May, 2020 Exam got cancelled due to COVJD 19.
Following Online Exams Question Papers With their Solutions are given at the end o[this Book.
[33) December, 2020.
[34) May, 2021.
[35) December, 2021.
Short Notes :
From April, 2005 to December, 2021 -
[1) April, 2005 (Old Course)
1) Need for uniform civil code.
2) Protection to women under t he Factories Act, 1948, and the Mines Act, 1952.
3) Minor's agreement.
4) Tortuous Liability against unborn child.
5) Suits by and against minors.
6) Aims and objects of Dowry Prohibition Act.

7) Need for uniform civil code.
8) Important provision s of CEDA W.
9) Minor,s agreem ent.
10) Rights given to children under the Un ited Natious Convention on tht• Ri~hts of the C hild,
1989.
ll )Suits by and against minors.
12) Aim s and objects of Dowry Prohibition Act.
[3) November, 2005 (Revh,etl Course)

13)0bjects of the Medical Termination of Pregnancy Act.
14) Coparcenary and inheritance rights of unhorn child.
Law Relating to Women & Children .
15) Commission of Women.

16) Natural guardian of a child.
16.
-
A uthor - Prof. Prakash K. Mok4 L
[
17) Suits by and against minor.
18) Sexual harassment at work places.
[4) April, 2006 (Revised Course)

19) Distinction between adultery and rape.
20) Doctrine of Relation Back.
21) Abetment of suicide.
22) Dowry. [
23) Sati.

24) Punishment for child marriages.
25) Alimony pendent elite under the Special Marriage Act, 1954.
26) Sexual harassment of women at work places.
27) Guardianship under the Guardian and Wards Act, 1890.
28) Equal r emuneration to women workers.

29) Restitution of conjugal rights under the Hindu Marriage Act, 1955.
30) Cruelty by husband with reference to Section 498-A of IPC and Dowry death (Section 30
of IPC)
31) "Sati" according to the commission of Sati Prevention Act, 1987.
32) Objects of Pre-Natal Diagnostic Techniques Act, 1994.
33) Functions of the Family Court.
[7] November, 2007 (R evised Course)

34) Section 125 under the Code of Criminal Procedure.
35) Glorification of Sati.
36) Divorce of women through the Special Marriage Act, 1954.
37) Regulations of condit,ions of work of children under the Prohibition of E mployment
Children in certain Occupations and processes by the C hild Labour (Prohibition an
Regulation) Act, 1986.

38) Adultery.
39) Right to Payment of Maternity Benefit Act.
40) Punishment for Abetment of Sati.
41) Need for Dowry Prohibition.
42) Equal Remuner ation to Women Workers.
43) Prohibition of Child Labour.

44) Punishments for C hild Marriages.
45) Reservation of seats for Women in Panchayat.
46) Need for Uniform Civil Code.
47) Sexual harassment of Women at Workplace.
48) Object of Prenatal Diagnostic Techniques Act, 1994.
49) Guardianship under Muslim Personal Law.
-Law Relati11g to Women & Childre11. 17. Author - Prof. Prakash K. Moka/.
1OJ April. 2009 (Revised Course) .

51) Distinction between Adultery and Rape.
52) Judicial Divorce (Furquat).
53) Restraint on child marriages.
54) "Guardianship" under the Guardians and Wards Act, 1890.
55) Sexual harassment of women at work place.

56) Functions of Family Court.
57) Tortious liability against unborn child.
58) National Commission for Women.
59) Protection of Women under Factories Act, 1948, and Mines Act, 1952.
60) Kinds of Guardianship under Mahommedan Law.
61)Objects of Medical Termination of Pregnancy Act.

62) Aims and objecti"es of Dowry Prohibition Act.
63) Punishment for Child Marriage.
64) Important provisions of CEDAW.
65) Objects of Pre Natal Diagnostic Techniques Act, 1994.

67) Sexual harassment of woman at workplace.
68) Need for Uniform Ci" il Code.
69) Minor' s Agreement.
70) Punishment for abetment of Sati.
71) Reservation of seats for Women in Pancbayat.
74)Judicial Divorce (Furquat).
75) Objects of the Pre-Natal Diagnostic Tech nique Act, 1994.
76) Punishment of Child Marriages.
77) 'Guardianship' under the Guardians and Wards Act, 1890.
78) Objects of Medical Termination of Pregnancy Act.
[15] November, 201 I (Revised Course)
79)Guardianship under the Muslim Personal Law.
80) Punishment for abctment of Sati.
81) Functions of the Family Court.
83) Juvenile J ustice Board.
84) Restraint on Child Marriages.
[161April, 2012 (R evised Course)
86) Protection to women under the Factories Act, 1948 a11d Min rs Act, 1952.
Law Relatin to Women & Children. 18. Author -Pro . Prakash K. Mo~L

88) Guardianship under the Guardians and Wards Act, 1890.
90) Objects of the Pre-Natal Diagnostic Techniques Act, 1994.
92) Punishment of child marriages.
94) Tortious liability against unb~rn child.
95) Kinds of guardianship under the Mahomedan Law.
96) Judicial Separation (Farqat).
98) Guardianship under the Muslim Personal Law.
99) .Juvenile Justice Board.
101) Aims and Objectives of Dowry Prohibition Act.
102) Restraint of Child Marriage.
104) Protection to Women under the Factories Act, 1948 and Mines Act, 1952.
105) Objects of Prenatal Diagnostics Act, 1994.
106) Sexual Harassment of Women at workplace.

I 07) Reservation of seats for women in Panchayat.
110) Minor's agreement.
11 I) Aims and Objectives of Dowry Prohibiition Act.

J 13) Status of children in India.
J J 4) Regulations and Pre-conditions to use and conduct Pre-natal diagnostic techniques.
J J 5) Distinction between Adultery and Rape.
116) Tortuous liability against unborn child.
117) l(jnds of Guardianship under the Mahommedan Law.
118) Sexual harassment of women at work place.

1 J 9) Objects of the Pre-Natal Diagnostic Act, 1994.
J 20) National Commission for Women.
121) Important provisions of CEDA W.
124) Right to Education.
Law Relatin to Women & Cltildren. 19. Author- Pro. Praka.,;lt K. Mokal.
[231 Noi•ember, 2015 (Re,1ised Course)

126) Juvenile Justice Board.
]27) Guardianship under Muslim Personal Law.
128) Aims and Objectives of Dowry Prohibition Act.
t29) Need of Uniform Civil Code..
130) Tortuous Liability Against Unborn Child.

131) Kinds of Domestic Violence.
132) Need for prohibition of mmoral traffic in women.
133) Tortious liability for unborn child.
134) Sexual Harassment of women and workplace.
135) Resrvation of seats for women in Municipality.
136) Distinction between adultery and cruelty.

137) Reservation of seats for women in Panchayat.
138) State of children in India. ·
139) lmportant provisions of CEDAW.
141) Equal pay for equal work.
142) Objects of Prenatal Diagnostics Act, 1994.
(26) May, 2017 (Revised Course)

164) Need for prohibition of immortal traffic women.
165) Distinction between Adultery and Cruelty.
166) Right to maintenance under the Hindu Adoption and Maintenance Act, 1956.
167) National Commission for women.
168) Restraint of child marriage.
169) Protection to women under the Factories Act, 1948 and Mines Act, 1952.
[27) December, 2017 (Revised Course)

144) Kinds of Guardianship under the Mahom.medan Law.
146) Objects of Prenatal Dignostics Techniques Act, 1994.
147) Punishment for child marriages.
148) Aims and objectives of the Dowry Prohibition Act.
149) Family Court.
ISO) Distinguish between Bigamy and Adultery.
1S1) Right to Education.
1S2) National Commission for Women.
1S3) Need for Uniform Civil Code.
154) Object of the Medical Termination of Prcgmrncy Act.
[291 December, 2018 (Revised Course)

155) Sexual harassment of women at workplace.
Law Relating to Women & Children. 20. A 11thor - Prof. Prakash K. Mokal.
t 56) Right of maintenance under the Hindu Adoption and Mai~tenance ~~t.
157) Grounds of Termination of Pregnancy by Registered Medical Practitioner.
\58) Ju,•enile Justice Board.

161) Talaq-E-Tafweez.
162) Parsi Matrimonial Courts.
l63) Permanent Alimony under Christian Law.
164) Residuary Legatee.
165) Domicile by Choice.
166) Fiqh.
(31] December, 2019 (Revised Course)

l 67) Cruelty under Section 498-A of IPC.
168) Special grounds invoked by Hindu woman for judicial separation.
169) Capacity of Hindu female to adopt a child.
170) Rights of Muslim woman regarding " Dower' .
171) Contracting capacity of minor.
I 72) Right to education.
{}f.6011e are <Iota{ 172 Sliort Notes appearedin tlie Vniversity ~amination from
Jf.pri[ 2005 to (J)ecem6er 2019)
[32] .May, 2020 Exam got cancelled due to COVID 19.
Following Online Exams Question Papers With their Solutions are given at the end of this Book.
[33] December, 2020.
[34] May, 2021.
[35] December, 2021.
!For the above uestions and Short Notes Students can also n1ake use/ refe
Books b Professor Prakash K. Mokal on Constitutiona1 Law Law of Crime
Famil Law I & Famil Law 11 Criminolo Human Ri hts Law and Law ·
Medicine, etc.!
bgw Relating to Women & Children . 21. Author - Prof. Prakash K. Mokal.
LAW RELATING TO CIDLDREN:

Children are being considered as "a supreme important national asset''; And the future of a Country
depends on the welfare and well being of its Children. It is said that every nation is under a duty to protect
and develop it biggest assets i.e. Human beings and development, should be such that, they should be able
to contribute to their will being and welfare of humanity.
Carol Bellamy Executive Director of United Nations Children Fund put it -
"Governments, as well as, international organizations, must be held accountable for their
leadership in putting the rights and well being of children above all concern, and those who fail to do so,
must e made accountable".
The United Nations Convention on Right of Child held in 1989 is being considered as a milestone,
as far as, right and privileges of children are concerned for bealt}:iy and natural development of children,
an atmosphere, suitable and conducive for their social and physical growth, should be created, other wise,
there can never be proper political growth and development, as they are the greatest gift. This status of a
child is linked with future of nations, but in early society, care, affection and love was bestowed on child,
but gradually with development of society, particularly after industrialization and Urbanization, the child
related Programmers as a Part of social justice started pouring in urgent steps and welfare measures, both
at National and International level, were planned by making legislation, but this will not solve the
problem. For practical implementation of social and development polices, we have to go beyond law and
look at it from socio-economic perspective.
At the [nternational level, great concern has been raised for welfare of the chi Id with the adoption
of the Charter of the United Nations which reaffirmed its faith in fundamental human rights in dignity and
worth of the human person, and also detem,ined to promote social progress and better standard of living.
Convention on the Right of the Child, 1989 :

The Declaration of the Rights of Child adopted, but U. N. in the year 1989 which had 10 principles
asserting the right of children. Ho~ever, comprehensive and enforceable legal instrument was urged. This
Convention on right of child, in the year 1989 has guided the Principle "First call for the children" i.e.
essential needs of the children should be given highest priority in allocation ofresources. The Convention
consists of 54 Articles, the Convention emphasises on importance of family, and urged to create an
environment that is conducive to healthy growth and development of children.
It consists of civil, political, economic, social and cultural rights of child, following are the basic human
rights to which children are entitled to -
1. Right to Sllrvival : Includes right to live highest attainable standard _of health, nutrition, and
adequate standard of living. ·
2. Right to Protection : Includes freedom from all forms of exploitation, abuses, inhuman or
degrading treatment and neglect.
3. Right to development : Includes right to education, support for early childhood, development and
care, social security, right to leisure, recreation and cultural activities, were also included.
4. Right to participate : Includes freedom of expression, access to appropriate info rmation and
freedom of thought, conscience and religion.
Main Provisions of the Convention :
Eve~ child to be registered after birth and has a right to name, nationality and right to know and be c:mxl
b~ his parents. Right of the child to preserve his or her identity including nationality, name anu fami ly,
without interference. It was decided to take legislative, administrative, social and educational mcasun.:s tu
prote<:t children from all forms of physical or mental violence, injury or abuse, neglect or 1nahn.:a1mc111 or
exploitation. While in care of parent legal guardian or anybody who is responsible for wcll-bein~ or lhc
child. ' ...
Law Relating to Women & Children . 22. A 11t/10r - Prof. Prakash K. Mok'!k_
Since inception, UNICEF was trying its level best Lo see the promotion ~f child ca~e by drawing attenti
of the whole world. Then several organizations came together and committed to bui ld a Global Moverncn Ar
for Children with ten point agenda. chi
Ar
Global Movement for c hildren : Ar
( 1) Leave no child out; he;
(2) Put children first; an,
(3) Care for every child; Ar
(4) Fight HTV AIDS; int
A,
(5) Stop banning and exploiting children;
14
(6) Listen to children;
Al
(7) Educate every child;
11T
(8) Protect children from war;
ul
(9) Protect the Earth for children; and
(10) Fight poverty, N
UNICEF took a major role in carrying this message into village. F,
cl
SAARC: 1
South Asia Association for Regional Co-operation (SAARC) consisting of seven South Asian countries 2
came together to review what is being done and what need to be done to let children develop to thei1 3
potential.
SAARC covered good health and nutrition of population, especially, chilchen, adolescent and women, 4
quality of education, improved drinking water, environmental sanitation; and protection of children from
all kinds of discrimination, violence, exploitation, abuse trafficking and hazardous and exploitation of
child labour.
Children and the Indian Constitution :

In civilized society, the welfare of the child is · considered to be paramount, and the state can never
overlook the most valuable assets of the nature of the child. Every necessary step is to be taken by the
state for the proper growth and specific provision for the welfare of the children. Preamble of Indian
Constitution declares all its citizens will secure social, economic and political, justice, liberty of thought,
expression, belief, faith and worsh ip along with equality of status and opportunity; From this, we can very
well say that, "Children" are inherent included in the word citizen.
FundamentaJ Rights :
Fundamental Rights enumerated in Part JJI of the Constitution. Article - 14 guarantees equality before
law and equal protection of law to all persons in territory of India. Article - 15 (3) : Nothing in this
Article prevents state from making special provisions for women and children. Article - 23 s peaks of
prohibition of all forms of trafficking in human be ings and ot her simi lar fo rms of forced labour. Article --
24 specifically prohibits employment of chi ldren be low age or 14 years in any fa ctory, mine or any
hazardous employment.
Directive Principles of State Policy :

~hi le_ fu~CIBmcnta_l Ri¥hts a:c for enjoyment , Dircclivc Principlt:s or State Policy arc in Part IV of th~
Const1tut1on, arc d1rcct1ons g iven to !he Stale to lli·,·c,·t ,·1s rn•" l SLli·cs to wa ,•d S ti lC W C 11·a re O1·· peop Ie.
• , • • · "' • vL •
Important se1:,r ment of thc Constilul,on also <.;!ea rly provides fo r polic ies d irected tow·1rd s welfare of the
c hildren - '
La"' Relatin to Women & Children. 2J. Author - I'm : Pmkosh K. Mokal.
~ij
~ Article 39 (e) and (t) specifically fixed certain Policy to be followed by the State for the welfare of the
children.
Article 39 (e) states that. the health of worker. w?mcn and tc_nder age ch ilcl_ren arc not_~~used. .
Article 39 (f) directs the State to ensure that, children_ are given opporlt1111ty and facil 1t1es_to develop,~ a
Ith" manner with freedom and dignity, and that, childhood and youth arc protected against explo1tat1on
I1ea ., d
and awinst moral and material aban onment.
Articles 41 & 42 gives right to work and conditions of work for people, includes children by
interpreration. . . .
Article 45 endeaYow-s to provide free and compulsory education for alI children under the age group of
14 vears.
Article 47 imposes duty on State to raise the level of nutrition and standard of living of its people and to
impro,·e public health. Thus, various Articles are directed towards the betterment of chi ldrcn who are
ultimately the national wealth.
National policy for children :
Following measures to be adopted toward attainment of the objectives of providing adequate services to
children. both, before and after birth:
1) All children shall be covered by comprehension health programmer.
~ 2) Programme to provide nutrition service to remove deficiencies in diet of children.
j 3) Programme will be undertaken for general improvement of health-care, nutrition and education of
expectant and nursing mo_ther.
, 4) State to provide free and compulsory education for children up to age of 14. To provide other forms of
ra education to suit their requirements. Physical educational, recreational, as well as, cultural activities to
1j be promoted in schools.
5) Handicap children, who have become delinquents forced to take to begging, shall be provided
facilities of education training and rehabilitation.
6) No child to be employed in hazardous occupation. Children shall be given priority for protection and
11 relief in time of distress or natural calamity.
7) Interest of children are given paramount consideration, in case of dispute between the parents.
Priorities :
1. Priorities and primary aspect of child health.
2. Nutrition for infant and children in pre-school, along with nutrition for nursing of expectant mother.
3. Maintenance, education and training of orphan and destitute children.
4. Creches and other facilities for care of children of working or ailing mother.
S. Care, education, training and rehabil itation of handicapped children.
To achieve the above aims, necessary legislative and administrati ve support to be given h) the
government while facilities for research and training of personnel to be developed to meet lltl' needs of
expanding programmer.
Be~ide constitutional mandates, we have several legislations which are meant to serve the child bettc'r. and
thei~ social welfare legislation have special provisions for children, such as, prlJvisio11 fo r cri111i11al laws,
family laws, labour laws and other related laws, are some of the maj or legislations.
T~e Code of Civil Procedure, 1908 :

Suit by or against Minor
Under Section 32 of C. P. C which deal s with suit by or against minor
Rule l ·• Every suit. by a mrnor
. sha11 bc subm1tte
. d rn. I11s
. name, I1y_ a_vcrsl_l!l wJ!o .111 suclt sui.t shall bt'
called next friend
~
Law Relatin to Women & Children• 24. Author- Pro . Prakash K. Mokg1_
Rule 2 : says that, if a suit is instituted witho~t the next friend, the plaint can be taken off.
Rule 3 : (A) deals with appointment of guardian. t,
Rule 4 : speaks about eligibility of guardian. . n
Rule 5: says about application to be made to the court on _behalf of guardian. F
Rule 6 : debars the friend or guardian for the suit to receive any money or movable propeiiy without
leave of the Court. ~
Rule 7 : debars the next friend to enter into agreement or compromise on behalf of minor without C
leave of the Court. \
Rules 8 to 11 : deal with retirement, removal or death of guardian. Rule 12 : deals with course to t
followed by minor plaintiff or applicant on attaining majority by order discharging his next friend \I t
desires to repudiate the suit, the Court shall dismiss him from the suit if it finds that he is not a neces r
party. J
Rule 13 : if a minor co-plaintiff on attaining majority. . l
Rule 14 : provides that, an application by the minor when he is a sole plaintiff, on attaining majority,
dismiss the suit on the grounds that it was unreasonable and improper. He can be allowed by the courti
is satisfied of fact of unreasonableness or impropriety.
The Code of Criminal Procedure, 1973 :

In the Code of Criminal Procedure, folJowing provisions are relevant from children's point of view -
Section 27 (Chapter III) deals with power of the Court. The Court has a reference to the jurisdiction
case of juveniles. It says, "Any offence not punishable with death or imprisonment for life, committed ,
a person who at the date, when he appears or is .brought before the Comt of the age of 16 years, may
tried by the Court of Chief Judicial Magistrate or may be tried by any Court specifically empowe
under the Children Act, 1960 or any law for time being in force, providing for the treatment, training
rehabilitation of youthful offender.
Restoration of abducted female:
"Upon complaint of abduction or unlawful detention of a woman or a female child under the age group
18 years for any unlawful purpose, the District Magistrate or Sub-Divisional Magistrate or the Mag is
of First Class, may make order of restoration of such woman to her liberty, or female chi ld to
husband, parent, guardian or other person having lawful charge of such child, and may com
compliance with such order, using such force, as may be necessary.
Maintenance of children :
If any person having sufficient means, neglects or refuses to maintain his legitimate or illegitimate chi
where child is by reason of any physical or mental abnormality or injury, unable to maintain itself,
Magistrate on receiving upon proof of ·s uch neglect or refusal, order such person to make ~on
allowance for the maintenance of such child.
Release on Probation of good conduct:
The convicted person can be released on probation of good conduct, if the Court is satisfied that,
offender should be released on probatio~ of good conduct? in this case, regards has to be paid to the a.
c haracter or antecedent of the offender, m cases ~here the age of the offender if below the age group
2 1 years.
The C~ild Marriage Restraint Act, 1929 :

Th_e mam purpose of th~ Act is to re~train the child marriage. The marriage itse lf has not been decl
vo1~-t~;ever, co~tractmg, performing and facilitating such marriage, is considered an offence, heO
pums a e as per t e Amendment made to the Ac t in the year l 978, the age of the boy and the girl to
-
Law Relating to Women & Children. 25. Author - Prof: Prakash K. Moku/.
twenty one. and eighteen years. respectively. No doubt, this Act has reduced the number of child
rriages but bas not abolished child marriage.
ma ~ the Supreme Court ruled tIlilt cI11'Id marrmgc
Recently, . is to be treatcd as a vo1'd marriage.
.
Child Marriage:
Child Maniage was an ancient social custom. Little children of 5 to IO years were being married. In the
Vedic period. women could remain unmarried and continue their st11dy of the Vedas, etc. She could study
till she was maJTied at the age of 16 or more. She also enjoyed the right of thread ceremony. Later on, in
the Post-Vedic period, certain factors which led to lowering the age of marriage and encouraged child
marriage. were as follows:
Factors leading to child marria2;e were -
l. Stoppage of Thread Ceremony and consequently (stoppage of education of girls) and substitution of
that ceremony by marriage ceremony at the age of eight to twelve.
2. Stress on keeping the chastity and purity of girls intact by getting them married before the age of
puberty. .
3. Desire of the husbands to beget children, as early as possible, after marriage.
4. Emphasis on maintaining each caste's endogamic and exogamic customs (as the case may be) and
keenness for refraining from breaking their customs.
5. Desire of the wards and foster parents of orphaned young girls to get them married till their chastity
was intact.
6. Once the child marriage got started by higher castes, it was adopted by people oflower class. It further
got degenerated into infant marriage.
In order to eradicate the evils of the child marriage, the measures to abolish Child Marriage were
taken by various social reformers. The efforts made by and the dedicated role played by social reformers
like - a) Raja Ram Mohan Roy, Ishwarchandra Vidyasagar and b) the leaders of the Brah.mo Sarnaj, Arya
Samaj and Prarthana Samaj namely, Keshav Chandra Sen, Swami Dayanand Saraswaati, Justice M.G.
Ranade and others condemned and criticized the custom of child marriage.
Their movement resulted in enactments restraining child marriage such as, - a) "The Child
Marriage Restraint Act, 1872" fixing the age of marriage as 14 years. b) "The Child Marriage Restraint
Act, 1929, initiated by Harbilas Sarda (known as 'Sarda Act') fixed marriageable age for girls as I4, and
for boys as 18 years, respectively.
"The Hindu Marriage Act, 1955 raised the age to 18 for girls and 21 for boys. Section 5 clause (iii)
prescribes the condition that, "the bridegroom has completed the age of twenty-one years and the bride
the age of eight~en years at the time of the marriage".
Section 2 (a) of The Ch ild Marriage Restraint Act, 1929 defines "child":
'·Child means a person, who, if a male, has not completed 21 years of age, and if a female, has not
completed 18 years of age".
Section 2 (b) of the Act defines "chi Id marriage" :
"Child marriage means a marriage Lo which either of the contracting parties is child".
The Child Marriage Restraint (Amendment) Act, 1978 (Section 2) raises the minimum age of
:11arriage as 18 for girls and 21 for boys. However, marriage performed in contravention of this condition
ts valid. But the persons who perform, direct or promote such a chi Id marriage, are liable to punishment
unless they prove that they had reasons to believe that the marriage was not a t:hild marriage. The Courts
have power to issue injunctions to prohibit a child marriage from being performed.
Law Relatin to Women & Children . 26. Author - Pro . Prakash K. 11 1
• ! "l 0/c!!/,
Section 18 of the Hindu Marriage Act, 1955_lays d?wi, tbat, "E:ery person wb? yrocures a Inartia
himself or herself to be solemnized under th1s Act m contravention of the condihons specified . &e
(i ii) of Section 5 (which stipulates the age of marriage), shall be punishable with simple im ri~ cla
which may extend to fifteen days, or w ith f~e whic~ may e~tend t~ one t~ousand rupee~, ~r with b~~
lnspite of these measures, the practice of ch~ ld mamage still contmues to prevail m rural are~ S,
U.P. and M.P. though it is reported to have reduced m urban areas. V..
According to 'UNICEF' 2013 Report on the "State of the worl?'s Chil?ren'' - 38% of the Ind·~
women were married b efore the legal age of 18, and out of the total child rnamages, 77% child marrj tan;
occurred in rural areas. The rep ort also reveaied that. in all 32% of the world 's child marriages occurrJ ,d<
Indi a, in the year 2013. E
E ffect of child marriage :
Section 3 of the Child Marriage Restraint Act sta tes that, the child ma1Tiage is voidable at the option a(
the contracting party who was a chi ld at the time of the marriage. Such a marriage can be annulled b) ~~1
decree of nullity passed by the Distri ct Court 1Fam il y Court.
Section 6 of the Act states that even if the marriage has been annulled by a decree of nullity. the child L
of such marriage are deemed to be legitimate for all purposes. s
Section 12 of the Act lays down that. a hild marriage is null and mid if the child - f
i) is taken or enticed out of the keeping of ib lav,,ful guardian: or t
ii) is, by force, compelled to go from an y place: or
iii) is, by any deceitful means. induced to go from any place; or (
iv) is sold for the purpose of marriage and is m::idc to go through a form of marriage; or
v) is sold or trafficked or used for immoni l puq )Oscs after the marriage.
Punishment for child marriage :
i) Male adu lt a bove 18 years con tracting a child ma rriage = rigorous imprisonment upto 2 years or fi
upto I lakh or both;
ii) Any perso n perfom1i ng, di recting , conducting or abetting a child marriage knowing that it is a ch' ~
marriage = rigorous imprisonment upto] years or fine upto I lakh; P
iii) Any person promoting or permi tting the so lemnization of a child marriage = rigorous imprisonm ~
~pto 2 years or fi n~ upto _I lakh ; . . . . . . . 1
1v) Any person d1sobeymg an order of 111.Junction restrarnmg a child marriage = simple or rigor
imprisonment upto 2 years or fi ne upto I lakh.
It may be noted here that, all offences under this Act arc cogn izable and non-bailable.
It is specifically provided under th is Act that, a woman cannot be punished with imprisonment for "
o ffence committed by her under the Act. (
Question:
The Supreme Court has done a tremendous job for the upliftment O (
·women and children in India - Elucidate.
OR <
Discuss Human Rights and Atrocities Against Women and the role
Supreme Court for the upliftment of women.
OR
Discuss Human Rights and Child Abuse and Child Labour and the rol
of Supre1ne Court for the upliftment of Children.
Law Relating to Women & Children . 27. Author - Prof. Prakash K. Mokal.
Answer:
Submissive and Slavish :
Women is known as the "Better half of man", and despite comprising of half the population of the world,
women are physically and sexually abused and exploited. Women face the denial of equal wages, equal
rights, equal governance and always experienced the subordinate status in the family. The male
dominance had made women submissive and slavish.
Elimination of Discrimination Against Women :

For the purpose of elimination of all lands of discrimination against women, the General Assembly
adopted a Declaration Ori the Elimination of Discrimination Against Women on 7th November 1967. The
term discrimination against women means·, distinction, restriction or exclusion which is instrumental in
discriminating the women.
Legislation concerning women :

Some of the landmark legislations concerning women are swnmarised as under:
a) Abolition of Sati Act (Widow Burning) 1829;
b) Widow Re-marriage Act, 1856;
c) Female Infanticide .Act, 1870 (murder of newborn female child);
d) Inter-caste, Inter Community Maniage Act, 1872;
e) Child Maniage Restraint Act, 1929;
() Special Marriage Act, 1954;
g) Hindu Maniage Act, 19 55;
h) Suppression of Immoral Traffic in Women/Girls Act, 1956;
i) Dowry Prohibition Act, 1961.
Rights of Women under the Constitution of India:

Article 14 i.e. Equality before Law and Equal protection of Law, Article 15 i.e. prohibition of
discrimination on ground of religion, race, caste, sex or place of birth and Article" 16 i.e. Equality of
opportunity in matters of public employment of the Constitution of India grant fundamental Rights.
Article 39 (d) of Part [V i.e. Directive Principles of State Policy also guarantee equal pay for equal work.
Role of judiciary in upliftment of women :

The Judiciary played an important role in upliftment of women in India. The Supreme Court· by its
various decisions, expanded and highlighted these constitutional guarantees :
(i) The Supreme Court struck down a rule in Air India which made it
compulsory for air-hostesses to resign when they get married. This rule was violative of the
constitutional guarantee.
(~i) The Supreme Court struck down rule, making senior women
I
foreign service officers to resign from their posts when they get married. This rule was violative of
the constitutional guarantee on the ground of gender discrimination.
(iii) Surinder Kumar vis. State of Orissa:
In this case, the wife was ill treated by her husband for not bringing sufficient dowry. One night, she
was found engulfed in flames and was taken to hospital. A dying declaration was given by her in
presence of two doctors that her husband poured kerosene on her and set fire. The Appellant was
punished by the High Court, even though the Dying declaration was not corroborated. The Supreme
Court held in this case that, even an uncorroborated dying declaration is adequate or sufficient
enough to procure the conviction in such case and the Supreme Court confinned the punishment
-
life imprisonment awarded to the appellant.
(iv) Vazirchand vis. State of Haryana:
ln this case, the young daughter-in-law, while making tea was badly burnt at 6.00 a.m., and she 11, ,
dead by 11 a.m. She was being harassed by her husband and his relatives for bringing insuffici ,
dowry. There was purposeful delay in taking her to the hospital when she was badly burnt, her c ·
were drowned by raising the volume of the radio. Even the neighbours were prevented from ente ·
the house. In this case, the Supreme Court rejected the plea of the Appellant of suicide and confi
the punishment.
Child Labour and Child Abuse :

Child Labour :
Child Labour problem in India is of immense magnitude and has acquired a serious momentum.
fundamental rights of the children guaranteed under Article 24 of the Constitution of India are be'
grossly infringed or violated The involvement of chi ldren in labour is so wide that the numbers
children involved in the labour is unbelievable and unimaginable. Every product we use has a child la
behind it. When we sit on a carpet, light a lamp, smoke a bidi, burst fire crackers in our festival, purch
any domestic articles, the house we use for dwell ing constructed by bricks, cement, etc. bas sweat
tears of children, it is unfortunate to know that all these products have child labour behind it. Illite
economic condition and social status of the children make them victim.
Child Abuse :
The tenn "child abuse" means mistreatment of a child by parent or another adult. It is difficult to give
precise definition of child abuse in the absence of any standard definition of child abuse. Child abuse
refer to life threatening physical violence which includes severe beating. The instances of child ab
occur in the year are innumerable which are not noticed or not reported.
Causes of Child A buse:

The causes of chi ld abuse are summarised as under:
(i) Proximity of Individual with adverse emotional problem: It is
important cause, or reason of child abuse. It is beiieved by many social scientists that people with adv
emotional problems, abuse the children. The Proximity of such individuals such as uncle, fam ily fri
distant relatives, and neighbours have opportunity to abuse the children.
(ii) Concept of physical ounishmem: It is one of the reasons for child abuse. The society has develop ·
concept of physic-al punishment to improve the children or as a method of changing the behaviour
children. The adults who hurt them to correct never realise the injuries sustained by the children men 1
and physically.
(iii) Exi~tencc of stress : One more reasons for child abuse is the
ex isteuce of stress. Parents who are not employed, isolated are naturally under a great stress and s
persons are more likely to abuse their children. If the child is handicapped, then, in such situation,
handicapped chi!Jren arc more likely to be abused comparatively than other children.
Sexual Ab use : .
It is one of the major causes or reasons of child abuse. The proximity of individual around chi!
indulges in such abuse. Therefore, children should be taken into confidence to discuss anything
bothers them with the trustworthy person. They should also be warned not to let people touch theIJl
ways that makes them feel uncomfortable.
Law Relating to Women & Children. 29. Author - Prof. Prakash K. MokaL
Role of Supreme Court in unliftment of Child :

The role of Supreme Court in upliftment of child is commendable in expanding Human Rights with the
use of Article 21 of the constitution.
(i) The Supreme Court acted suo-moto when news about an
unfortunate accident in one of the Sivakashi Cracker Factories appeared in the newspapers. In that
factory, almost all workers were children, and due to accident, the death toll was 39. The Supreme
Court took a suo-moto cognizance and directed the Tamil Nadu Government regarding payment of
compensation to the accident victim.
(ii) The Supreme Court also held the manufacturing process of
matches and fire-works is hazardous which is instrumental for fatal accident, and therefore, given
certain directions as to how the quality of life of children employed therein could be improved.
(iii) The Supreme Court in M. C. Mehta v/s. State of Tamil Nadu observed
that, the spirit of Constitution of India is that, children should be subjected to free and compulsory
education till they complete 14 years of their age and they should not be employed in the factories
in such tender age.
Law Relating to Women & Children. 30. Author - Prof. Prakash K. MokaL
-
Different Legislative enactments beneficial to the Children :
1) The Juvenile Justice (Care and Protection of Children) Act, 2000 :
Objects of the Act -
We know that every child needs special care and protection which includes a variety of things, name!
fooding, clothing, shelter nutrition, education, and above all, suitable atmosphere to grow and develop
the fullest potential. Major chunk of children does not get these facilities.
"The Juvenile Justice Act, 2000" was enacted by the Parliament, aqd prior to the enactment of this A
we had ''The Juvenile Justice Act, I 986", which aimed to provide for the care, protection, treatme
~
development and rehabilitation of delinquent juveniles.
The 1986 Act created two types of children. namely, delinquent and neglected children and provi
separate measures for their treatment.
But the present Act took broader view instead of two types of children as provided in earlier Act.
Although Juvenile in conflict with law, to a large extent, is similar with delinquent juvenile.
provisions for children in need of care and protection are very broad, and cover wide ranging aspects
neglects which the children are facing. This Act seeks to cover two types of children, "juvenile in conf1'
with law" and "children in need of care and protection'".
The Act envisages the constitution of "Juvenile Justice Board" or Child Welfare Committees for ev
district. Both, the Board and Committee are to function as a Bench of Magistrate and enjoy the po
conferred by the Code of Criminal Procedure, 1973.
Board shall consist of a Metropolitan Magistrate of First Class and two social workers of which
should have a special knowledge or training in child psychology or child welfare.
T he Board and Committee have been empowered to have the power to deal exclusively with
proceedings under this Act relating to juvenile in conflict with law and relating to children in need of
and protection.
2) The Children (Pledging of Labour) Act, 1937 :

U./S. 4 of the Act, "an agreement, written or oral, express or implied, whereby a parent or guardian
return for any payment or benefit received or to be received by him, undertakes to cause or allow
services of child to be utilized in any employment, shall be void and will be punished with fine.
3) The Factories Act, 1948 :

S. 67 of Act, "No child who has not completed his 14 years shall be required or allowed to work
any factory (a) for more than 4 ½ hours in any day (b) during night.
4) Plantation Labour Act, 1951 :

S. 24 : No c~i~d, below 12 years, shall be required or allowed in any plantation.
S. 25 : Proh1~1ts the employment of children at night.
S. 26 : No child, no adolescent, shall be required or allowed to work without fitness certificate.
5) Merchant Shipping Act, 1951 :

. person. ' below the age group of 1·s years, to be engaged or carried to sea to work 10
S. 109. : No · i
capacity m any ship.
yw Relating to Women & Children . 31. Author Prof. Prakash K. Mokal.
6) Mines Act, 1952 :

s. 45 : No child, shall be employed in any mine.
7) Motor Transport Workers Act, 1961 :
s. 21 : No child. shall be required or allowed to work in any capacity in any motor transport
undertaking.
s. 22 : of Act. debars any adolescent to work in motor transport undertaking without fitness certificate
and the said certificate to remain with employer.
8) The Apprentice Act, 1961 :

S. 3 of the Act, states that, "A person shall not be qualified for being engaged as an Apprentice to
undergo apprenticeship training in any trade, unless -
a) is not less that 14 years.
b) satisfies such standard of education and physical fitness, as may be prescribed".
9) Beedi and Cigar Workers Act, 1966 :

S. 24 Prohibits the employment of children in any industrial premise.
10) Shops and Commercial Establishment Act:

This Act applies to establishments, restaurants and hotels and places of amusement area and notified
urban area where Factory Act does not apply.
11) The Child Labour and Regulation Act, 1986:

(April, 2005; November, 2007))
The engagement of children in certain employment is prohibited and to regulate the conditions of
work in certain other employment of children below the age of 14 years.
Case Law:
Labourers working on Sala/ Hydro - Project vis. State ofJammu & KashmirAIR 1984 SC 177
(Constitution of India - Article 24)
Among the workmen on the site of the Sala! Hydro-Project, where a number of minors who allegedly
accompanied the male members of their family on their own, and demanded employment.
Held : It is accepted that child labour is a socio-economic problem that its prohibition would be socially
and economically unacceptable to large masses of society. This is how Article 24 limits the prohibition
against employment of child labour in hazardous undertakings construction been to be a hazardous
occupation in AIR 1982 SC 1473, and hence, the children should not be permitted to work, but persuaded
to go to schools.
M. C. Mehta vA State of Tamil Nadu & others J. T. /990 SC 263 (Constitution of India - Article 32,3')
(t) & 45) ·
The petition under Article 32 of the Constitution, has been brought by way of a public interest litigation,
and is connected with employment of ch ildren in Match Factories as Savakis.
H~ld : The Manufacturing process of matches and fireworks is hazardous one, directions arc given that,
children to be employed only in packaging and not in manufacturing operations Wages for children to be
fixed. Employed children to be insured and welfare-fund to be created.
Law Relarin to Women & Children. 32. Author-Pro. Prakash K. Mo
It Provides for setting an Advisory Committee by the Central Government, known as "Child L
Technical Advisory Committee" for the purpose of addition of occupation and processes to the sch
The Committee shall consist of chairman and ten other members appointed by Central Government
Act provides that, no child should work for more than 6 hours a day, neither are they allowed to w
night. By taking the help of constitutional provisions, International .commitments, Statutory pro · ·
and finally, the cause of failure, as to why the problem instead of being solved, continue despite sta
enactment, Court came up with the conclusion that, "Poverty is the basic reason which compel a p
child, despite their unwillingness to get it employed."
Further, it_ is seen that, poverty as ~uch, h~s not stood in the way of other developing countries from
care of child labour, the cause which persisted in the existence of problem in our country is not the
of resources but 'Lack of Zeal'. '
Law R elating to Women & Children. 33. A utlwr Prof. Prakash K. Mokal.
"THE JUVENILE JUSTICE

(CARE AND PROTECTION OF CHILDREN)
ACT, 2000"
Question:
Discuss the main objects of Juvenile Justice (Care and Protection to Children) Act,
2000.
OR
Discuss the protection given to children under the Juvenile Justice (Care &
Protection of Children) Act, 2000.
Answer:
"The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006"
An Act to amend the Juvenile Justice (Care and Protection ofChildren) Act, 2000.
Be it enacted by Parliament in the Fifty-seventh Year of the Republic ofindia as follows:-
Statement of Obiects and Reasons -

The Juvenile Justice (Care and Protection of Children) Act, 2000 (i.e. the Juvenile Justice Act)
was brought into force on 1st April, 200 I . The Juvenile Justice Act was aimed at providing a juvenile
justice system for juveniles in conflict with law,.and children in need of care and protection, by adopting a
child friendly approach in the adjudication and disposition of matters in the best interests of children and
for their rehabilitation keeping in view the developmental needs of the children.
In public interest litigation (Civil Writ Petition No. 3447 of 2001), certain provisions of the
Juvenile Justice Act were challenged before the High Court of Delhi. During the course of hearings, the
High Court observed that, some of the provisions of the Juvenile Justice Act merited reconsideration.
Keeping in view these observations, it was proposed to carry out amendments in Sections 32, 33, 56, 57
and 59 of the Juvenile Justice Act. Accordingly, an Amendment Bill was introduced in the Lok Sabha on
24/7/2003. Meanwhile, taking cognizance of the said Bill, the High Court of Delhi disposed of the above
said Civil Writ Petition on 28/7/2003. The Lok Sabha referred the said Bill to the Parliamentary Standing
Committee on Labour and Welfare for examination and report. Before the Standing Committee submitted
it5 report to the Lok Sabha, the Lok Sabha was dissolved and the said Bill lapsed.
Thereafter, before re-introducing a fresh Amendment Bill the Government considered it necessary
to revisit the amendment proposals again, alongwith other suggestions received by the Standing
Committee from various experts. In the process, further consultations were held and suggestions/views of
all concemed were obtained. Based upon these consultations, it is proposed to make amendments in other
provisions of the Juvenile Justice Act in addition to those contained in the earlier Bill. Modifications
proposed in the Bill, inter alia, intend -
i) to modify the long title of the Juvenile Just ice Act, so as to convey a wider scope or rehabilitation
of child in need of care and protection or a juveni les in conflict with law under the Act, through
not only institutions, but also non-institutional approach;
ii) to clarify that, the Juvenile Justice Act shall apply to all cases involving det~ntion or criminal
prosecution forJ· uveniles under any other law;
iii) to remove doubts regarding the relevant date in determining the juvcnility of a person and
applicability of the Juvenile Justice Act;
law Relatin to Women & Children. 34. A uthor - Pro. Prakash K Ask
. "'0 a(
iv) exclusion of the local authority from the provisions, authorizing them to discharge or tra
child in need of care and protection or a juvenile from the children's home or special hornenSfi
sending a juveniles in conflict with law undergoing imprisonment, to a special home 0
. . . a
t
mst1tutJon;
v) to have a procedure laid down, where claim of juvenility is raised before any Court;
vi) to have a minimum period of twenty-four hours, excluding a time necessary for the journey fi
the place where the juveniles in conflict with law was apprehended, within which he shoul;
produced before the Board, and a similar provision with regard to production of a child before
Child Welfare Committee;
vii) to provide for alternatives to detention in the observation home to achieve the intention of
Juvenile Justice Act;
viii) to do away with the association of any police officer from the inquiry process, for the child in
of care and protection, as the work is assigned to the Child Welfare Committee, and to cover 0
cases where the ch ild can remain in children/shelter home after completion of enquiry;
ix) to extend the scope of adoption of a child to chi ldless parents, and ts> limit the same under
Juvenile Justice Act to citizens of India only;
x) to provide for a flexible period of leave that may be given to child on special occasions
examination, marriage of relatives, death of kith and kin or accident or serious illness of parenl
any emergency of the like nature;
xi) to ensure the applicability of model rules framed by the Central Government in the States/Uni
Territories who have not made their own rules, till the rules are framed in this regard by
respective States/Union Territories.
This Bill seeks to achieve the above objectives.
The State Government may -
a) establish or recognize after care organization and provide for their function.
b) prepare a scheme of after care programmer to be foUowed by organization for taking case appointed
govt.
c) Provide for probation officer or any other officer appoi nted by the Government. . .
d) provide for the standard and the nature of service to be maintained by such after care orgamzat1on.
e) provide for such other matter, as may be necessary, for the purpose of carrying out the scheme
aftercare programmer for the juvenile or the child. .. .
Act also provides for certain other welfare measu res that can be taken for well being and_rehab1htatto~
juvenile, such as, releasing them and placing them under the guidance of parent or guardian for educa
and training.
Apart from the constitutional safeguards provided as against the problem relating to children, there
several legislations which aim at prohibition of chi ld labour.
Starting from Children (Pledging of Labour) Act, 1933, till latest Child Labour (Prohibition
Regulation) Act, 1986 some of the existing labour legislations contain prohibition of employment
children.
Law Relating to Women & Children . 35. Author - Prof. Prakash K. Mokal.
"THE JUVENILE JUSTICE (CARE AND PROTECTION OF

CHILDREN) ACT, 2000"
as amended by
"Juvenile Justice(Care & Protection of Children) Amendment Act, 2006"
CHAPTER-I
"PRILIMINARY"
(Sections 1 to 3)
S. 1 : Short title, extent, commencement and application -

1. This Act may be called "The Juvenile J-µstice (Care and Protection of Children) Act, 2000.
2. It extends to the whole of India, except the State of Jammu and Kashmir.
3. It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
4. Notwithstanding anything contained in any other law for the time being in force, the
provisions of this Act shall apply to all cases of detention, prosecution, p_enalty or sentence of
imprisonment of juveniles in conflict with law under such other law.
S. 2 : Definitions -
In this Act, unless the context otherwise requires -
(a) "advisory board" means a Central or State advisory board or a district and city level advisory board
as the case may be, constituted under Section 62;
(aa) "adoption" means, the process through which the adopted child is permanently separated from his
biologjcal parents, and become the legitimate child.of his adoptive parents with all the rights, privileges
and responsibilities that are attached to the relationship;
(b) "begging" means, -

i) soliciting or receiving alms in a public place or entering into any private premises for the
purpose of soliciting or receiving alms, whether under any pretence;
ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore. wound.
injury, defomiity or disease, whether of himse lf or of any other person or of an animal;
S. 24: Employment of juvenile or child for begging -

(1) Whoever, employs or uses any juvenile or lhe chi ld for the purpose or causes any juvenile to beg. shall
be punishable with imprisonment fo r a term which may extend to 3 years, and shall also be liable to fine.
(2) ~oever, having the actual charge of, or control over, a juvenile or the ch ild. abets the commission of
th e offen~ punishable under sub-Section (1 ), shall be punishable with imprisonment !'or a term whid1
™-n..tend to 1 year, and shall also be liable to fine.
{University Examination Question on the t1bove topics/
Write a short note on :
Employment of juvenile or child for begging (Answer - S. 2 (b) ,uul S. 24).
Law R elatin , to Women & Children . 36. Author - Pro . Prakash K. Mokql
(c) "Board" means, a Juvenile Justice Board constituted under Section 4;
(d) "child in need of care and protection" means, a child -

i) who is found without any borne or settled place or abode and without any ostensible m
. eans
subsistence,
ti) who is found begging, or who is either a street child or a working child,
iii) who resides with a person (whether a guardian of the child or not) and such person_
a) has threatened to kill or injure the child and there is a reasonable likelihood of the t
being carried out, or
b) has killed. abused or neglected some other child or children and there is a reasona
likelihood of the child in question being killed, abused or neglected by that person,
iv) who is mentally or physically challenged or ill child or children suffering from tenn·
diseases or incurable diseases having no one to support or look after,
v) who has a parent or guardian and such arent or uardian is unfit or inca acitated to exerc·
control over the child,
vi) who does not have parent and no one is willing to take care of or whose parents ba
abandoned or surrendered him or who is missing and run away child and w hose par
cannot be found after reasonable inquiry,
vii) who is bein or likel to be rossl , abused tortured or ex loited for the unose of sex
abuse or illegal acts,
viii) who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
ix) who is being or is likely to be abu sed fo r unconscionable gains,
x) who is victim of any anned conflict, civil commotion or natural calamity;
/University Examination Question on the above topic]

"Child in need of care and protection".
(e) "children's home" means. an institution established b a State Government or b

organization and ce1tified by that Government under Section 34;
(f) "Committee" means, a Child Welfare Committee constituted under Section 29;
(g) " com etent authori " means in relation to children in ·n eed of care and )rotection a Committ
and in relation to juveniles in conflict with law, a Board;
(h) "fit institution" means a oovernmental or a re istered non- anization or a volu

or anization )re ared to own the res onsibili of a ch ild and such or is found fit b the
Government on the recommendation of the competent authority;
(i) "fit erson" means a erson bein a social worker or an other erson who is re ared to own
responsibility of a child, and is found fit by the competent authority to receive and take care of the chili!;
(j) "guardian", in relation to a child means his nah1ral uardian or an

char ,e or control over the child. and recoon ized b the com etent authori
proceedings before that authority;
(k)'" juvenile" or "child" means. a person who has not completed eighteenth year of age;
[d!,W Relating to Women & Cltildren . 37. Author - Prof: Prakash K. Mokal.
(1) "jyveniles in co~flict with law" means, a juvenile ,~ho is a~lc?ed to have c~mrnittcd an offence and
has not completed eighteenth year of age as on the date of com1111ss1011 of such off cncc;
(m) omitted.
(n) "narcotic dru~" and "psychotropic s_ubstance" shall have the meanings, respectively, assigned to
them in the Narcotic Drugs and Psychotropic Substances Act, 1985;
(o) "observation home" means, a home established by a S_tate Government or_ by a voluntary
oroanizatioo, and certified by that State Govemment under Section 8 as an observation home for the
ju~eniles in conflict with law;
(p) "offence" means, an offence punishable under any law for the time being in force;
(q) "place of safety" means. any place or institution (not being a police lock-up or jail}i the person in
charge of which is wil ling temporarily to receive and take care of the juvenile and which, in the opinion of
the competent authority, may be a place of safety for the juvenile;
(r) "prescribed" means, prescribed by rules made under this Act;
(s) "probation officer" means, an officer appointed by the State Government as a probation officer under
the Probation of Offenders Act, 1958;
(t) "public place" shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956;
(u) "shelter home" means, a home or a drop-in-centre set up under Section 37;
(v) "special home" means, an institution established by a State Government or by a voluntarv

ornanisation and certified by that Government under Section 9;
(w) "special juvenile police unit" means, a unit of the police force of a State designated for handling of
juveniles or children under Section 63;
(x) "State Government" , in relation to a union Territory, means the Administrator of that umon
Territory appointed by the President under Article 239 of the Constitution;
(y) all words and expressions used, but not defined in this Act and defined in the Code of Criminal
Procedure, 1973, shall have the meanings respecbvely assigned to them in that Code.
S. 3: Continuation of inquiry in respect of juvenile who has ceased to be juvenile

Where an inquiry has been initiated against a juvenile in conflict with law or a child in need of 1.:arc
and protection, and during the course of such inquiry, the juvenile or child ceases to be such, then,
notwithstanding anything contained in this Act or in any other law for the time being in fo rce, the inquiry
ma~ be continued and orders may be made in respect of such person, as if such person had continued to
be Juvenile or a child.
Law Relatin to Wome11 & Children. 38. Author - Pro . Prakash K.
CHAPTER-II
"JUVENILE IN CONFLICT OF LAW"

(Sections 4 to 28)
Question:
Discuss the protection given to children under the Juvenile Justice (Care a
Protection to Children) Act, 2000.
OR
Discuss the main objects of the Juvenile Justice (Care & Protection of Children)
2000.
Answer:
Section 2 (k) of the Act defines the term 'juvenile' or 'child'.
"juvenile" or "child" means, a person who has not completed eighteenth year of age;
Section 2 (I) of the Act defines the term 'juvenile in conflict with law'.
"juveniles in conflict with law" means, a juvenile who is alleged to have committed an offence, and
not completed eighteenth year of age as on the date of commission of such offence;
S. 4 : Juvenile Justice Board -

Establishment and constitution of Juvenile Justice Board:
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Gove
may, within a period of one year from the date of commencement of the Juvenile Justice (Care
Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute
every district, one or more Juvenile Justice Boards for exercising the powers and discharging
duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this
(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the First Class, as
case may be, and two social workers of whom atleast one sha11 be a woman, forming a bench
every such bench shall have the powers conferred by the Code of Criminal Procedure, 1973,
Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class and
Magistrate on the Board shall be designed as the Principal Magistrate.
Qualification/appointment of members, term of office of members and termination of members:

(3) No Magistrate shall be appointed as a member of the Board, unless he has special knowledge
training in child psychology or child welfare, and no social worker shall be appointed as a mernbef
the Board, unless he has been actively involved in health, education, or welfare activities pertainin!
children for atleast seven years.
(4) The term of office of the members of the Board, and the manner in which such member may re
shall be such as may be prescribed.
(5) The appointment of any member of the Board, may be terminated after holding inquiry, by tbe
Government, if -
i) he has been found gui lty of mi suse of power vested under this Act,
J
Law Relating to Women & Children . 39. Author Prof. Prakash K. Mokal
ii) be bas been convicted of an offence involving moral turpitude, and such conviction bas not been
reversed or he has not been granted full pardon in respect of such offence,
iii) be fails to _attend t~e proceedings of the Board for consecutive three months without any valid
reason or he fails to attend less than three-fourth of the sittings in a year.
s. 5 : Meetings - Procedure and Functioning of the Board -

(1) The Board shall meet at such times and shall observe such rules of procedure i_n regard to the
transaction of business at its meetings, as may be prescribed.
(2) A child in conflict with law may be produced before an individual member of the Board, when the
Board is not sitting.
(3) A Board may act notwithstanding the absence of any member of the Board, and no order made by the
Board shall be invalid by reason only of the absence of any member during any stage of proceedings:
Provided that, there shall be atleast two members including the Principal Magistrate present at the
time of final disposal of the case.
(4) ln the event of any difference of opinion among the members of the Board in the interim or final
disposition, the opinion of the majority shall prevail, but where there is no such majority, the opinion
of the principal Magistrate shall prevail.
S. 6: Powers of Juvenile Justice Board -

(1) Wl1ere a Board has been constituted fo r any district, such Board shal I have power to deal exclusively
with all proceedings under this Act relating to juvenile in connict with law.
(2) The powers conferred on the Board by or under this Act. may also be exercised by the High Court
and the Court of Session, when the proceedi ng comes before them in appeal. revision or otherwise.
S. 12 : Power to grant bail -

Bail of juvenile :
(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is anested
or detained or appears or is brought before a Board, such person shall be released on bail with or
without surety or placed under tbe supervision of a Probation Officer or under the care of any fit
institution or tit person, but he shall 1101 be so released, if there appear reasonable grounds for
believing that the release is .likely to bring him into association with any known criminal or expose
him to moral, physical or psychological danger, or that his release would defeat the ends of justice.
(2) When such person having been anested is not released on bail under sub-Section (1) by the officer in
charge of the police station, such officer shall cause him to be kept on ly in an observation home in
the prescribed manner, until he can be brought before a Board.
(3) When such person is not released on bail under sub-Section (1) by the Board, it shall, instead of
committing him in prison, make an order sending him to an observation home or a place of safety for
such period during the pendency of the inquiry regarding him, as may be specified in the order.
S. 14: Inquiry by Board regarding iuvenile -

1) Where a juvenile having been charged with the offence is produced before a Board, the Board shall
hold the inquiry in accordance with the provisions of this Act, and may make such order in relation to
the juvenile, as it deems fit:
Provided that, an inquiry under this Section shall be completed within a period _of four months
fmm the date of its commencement, unless the period is extended by the Board havmg regard to the
circumstances of the case and in special cases, after recording the reasons in writing for such
extension.
Law Relating to Women & Children. 40. Author - Prof. Prakash K. Mokab_
2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pend~ncy_ o_f cases
of the Board at every six months, and sha11 direct the Board to increase the frequency of its s1ttmgs or
may cause the constitution of additional Boards.
S. 15 : Order that may be passed regarding juvenile -

(1) Where a Board is satisfied on inquiry, that a juvenile .has committed an offence, then, the Board
may, if it so thinks fit -
a) allow the juvenile to go home after advice or admonition, following appropriate inquiry agains1
and counseling to the parent or the guardian and the juvenile;
b) direct the j uvenile to participate in group counseling and similar activities;
c) order the juvenile to perform community service;
d) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years
of age arid earns money;
e) direct the juvenile to be released on probation of good conduct and placed under the care of any
parent, guardian or other fit person executing bond with or without surety, as the Board may
require, for the good behaviour and well-being of the juvenile, for any period not exceeding three
years;
f) direct the juvenile to be released on probation of good conduct and placed under the care of any
fit institution for the good behaviour and well-being of the juvenile, for any period not exceeding
three years;
g) make an order directing the juvenile to be sent to a special home, for a period of three years:
Provided that, the Board may, if it is satisfied that, having regard to the nature of the offence and
circumstances of the case, it is expedient so to do, for reasons to be recorded, reduce the period of stay
to such period as it thinks fit.
(2) The Board shall obtain the social investigation report on juvenile, either through a probation officer,
or a recognized voluntary organization or otherwise, and shall take into consideration the findings of
such report, before passing an order.
(3) Where an order under clause (d), (e) or (f) of sub-Section (1) is made, the Board may, if it is of
opinion that in the interests of the juvenile and of the public, it is expedient so to do, in addition,
make an order that the juvenile in conflict with law shall remain under the supervision of a probation
officer during such period not exceeding three years, and may, in such supervision order, impose
such conditions, as it deems necessary for the due supervision of the juvenile in conflict with law:
Provided that, if at any time afterwards, it appears to the Board on receiving report from the
probation officer or otherwise, that the juvenile in conflict with law, has not been of good behaviollf
during the period of supervision of the probation officer, or the fit institution, is no longer able or
willing to ensure good behaviour and well-being of the juvenile, the Board may,' order the juvenile 11'
conflict with law to be sent to a special home.
(4) The Board shall, while making a supervision order under sub-Section (3), explain to the juvenile and
the parent, guardian or other fit person or fit institution under whose care the juvenile has bee11
placed, the terms and conditions of the order, and shall forthwith furnish one copy of the supervisi01'
order ~o the juvenile, the parent, guardian or other fit person or fit institution, sureties and th1
probation officer.
S. 16 : Order that may not be passed against iuvenile

(1) No j~ven~le in conflict with law, shall be sentenced lo death or imprisonment for life, or committed
to pnson m default of fine or in default of furnishing security.
f::g.w Relating to Women & Children. 41. Author- Prof. Prakash K. Mokal.
Where a juvenile who has attained sixteen years of age, has committed an offence of a serious nature
or his conduct and behaviour is such that sending him to a special home would not be in his interest
or in the interest of other j uveniles in that special home, in such case, the Board may order the
juvenile in confli ct with law, to be kept in such place of safety, as it thinks fit, and shall report the
case for the order of the State Government. .
(2) On receipt of a report from a Board under sub-Section (l ), the State Government may make such
arrangement in respect of the juvenne, as it deems proper, and may order such juvenile to be kept
wider protective custody at such place and on such conditions, as it thinks fit. A period of such
custody/detention shall not exceed three years.
s. 23 : Punishment for cruelty to juvenile or child -

Whoever, having the actual charge of or control over a juvenile or the child, assaults, abandons, exposes
or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or
neglected in a manner likely to cause such juvenile or the child, unnecessary mental or physical suffering,
shall be pwiishable with imprisonment for a term which may extend to six months, or fine, or with both.
[University Examination Questions on the above topic]

1) Discuss the provisions regarding Juvenile Justice Board and state the procedure
and powers of Juvenile Justice Board.
2) Who is juvenile in conflict with la w ? State the provisions concerning release of
such juvenile on bail. (Answer - S. 2 ([) and S. 12).
3) Define the term "Juvenile in conflict with law" and state when he may or may not
be released on bail. (Answer - S. 2 (k), (I); S. 12 and S. 14.).
4) Write short notes on :

a) Powers of Juvenile Justice Board. (Answer - S. 6, S. 12, S. 14)
b) Bail of a juvenile. (Answer - S. 12).
CHAPTER - Ill
"CHILD IN NEED OF CARE AND PROTECTION"

(Sections 29 to 39)
S. 29: Child Welfare Committee -
Under Section 2 (f) of this Act, "Committee means, a Child Welfare Committee constituted under Section
29 of this Act
S. 29 : Establishment and constitution of C hild Welfare Committee -

Law Relating to Women & Children. 42. Author - Prof. Prakash K. Moka,k
(1) The State Government may, within a period of one year from the commencement of the Juvenile
Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official
Gazette, constitute for every district, one or more Child W elfare Committees for exercising the
powers and discharge the duties conferred on such Committees in relation to child in need of care and
protection under this Act.
(2) The Comm ittee shall consist of a Chairperson and four other members, as the State Government may
think fit to appoint, of whom at least one shall be a woman, and another, an expert on matters
concerning children.
Q ualification/appointment of members, term of office of memb ers a nd termination of members :

(3) The qualifications of the Chairperson and the members, and the tenure for which they may be
appointed, shall be such as may be prescribed.
(4) The appointment of any member of the Committee, may be tem,inated after holding inquiry by the
State Government, if -
i) he has been fo und guilty of misuse of power vested under thi s Act;
ii) he has been convicted of an offence involving moral turpitude, and such conviction has not
been reversed or he has not been granted foll pardon in respect of such offence;
iii) he fails to attend proceedings of the Committee for consecutive three months without any valid
reason or he fa ils to attend less than three-fourth of the sittings in a year.
(5) The Committee shall function as a Bench of Magi strates, and shall have the powers conferred by the
Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, a Judicial Magistrate of the First
Class.
S. 30 : Meetings - Procedure and Functioning of the Committee -

(1) The Committee shall meet at such time, and shall observe such rules of procedure in regard to the
transaction of business at its meetings, as may be prescribed.
(2) A child in need of care and protection, may be produced before an individual member for being
placed in safe custody when the Committee is not in session.
(3) In the event of any difference of opinion among the members of the Committee at the time of any
interim decision, the opinion of the majority shall prevail, but where there is no such majority~
opinion of the Chairperson shall prevail.
(4) Subject to the provisions of sub-Section (1), the Committee may act, in the absence of any member_
of the Committee, and no order made by the Comm.ittee shall be invalid by reason of the absence 01
any member during any stage of the proceeding.
S. 31 : Powers of the Child Welfare Committee -

(1) The C~mmittee shall have the final authority to di spose of cases for the care, protection, treatmenl,
development and rehabi litation o f the children, as well as, to provide for their basic needs and
protection of human rights.
(2) Where a Committee has been constituted fo r any area, such Committee shall have the power to de01
exclusively with all proceedings under this Acl re lating lo children in need of care and protection.
S. 32 : Production of a child before Committee -

( 1) Any child in need of care and protection, may be produced before lhe Committee by one of the
following persons -
i) any police officer or special juvenile police unit or a designated police officer;
ii) any public servant;
Law Relating to Women & Children. 43. Author Prof. Prakash K. Mokal.
=---
iii) childline, a re~istered voluntary organization or by such other voluntary organization or an agency,
as may be recognized by the S~ate ~~vem~_ent:
iv) any soci~l w~rker or a public sp1nted c1t1zen; or
v) by the child hnnself: . . . .
Provided that, the child shall be produced before the Committee without any loss of time, but
within a period of twenty-four hours excluding the time necessary for the journey.
(Z) The State Government may make rules consistent with this Act to provide for the manner of maki ng
the report to the Committee and the manner of sending and entrusting the child to chi ldren's home
pending the inquiry.
s. 33: Power to hold inquiry and allow the child to stay at children's home or shelter
home -
( 1) On receipt of a report under Section 32, the Committee shall hold an inquiry and may pass an order to
send the child to the children's home, for speedy inquiry by a social worker or child welfare officer.
(2) The inquiry under this Section shall be completed by the social worker or the child welfare officer
within four months of the receipt of the order or within such shorter period, as may be fixed by the
Committee. Such time of submission of the inquiry report, may be extended by the Committee
having regard to the circumstances of a case.
(3) The State Government shat I review the pendency of cases of the Committee at eve1y six months, and
shall direct the Committee to increase the h 4uency of its sittings or may cause the constitution of
additional Committees.
(4) After the completion of the inqu iry, if, lhe Committee is of the opinion that the said child has no
family or ostensible support or is in continued need of care and protection, it may allow the child to
remain in the children's home or shelter home till suitable rehabilitation is fou nd for him or till he
attains the age of eighteen years.
Power to order the transfer of child to competent authoritv - lf duiing the inquiry it is found that the
child is from the place which is outside the jurisdiction of the Child Welfare Committee, such Committee
shall order the transfer of the child to the competent authority having jurisdiction over the place of
residence of the child (S. 38).
Power to hand over a child to its parents, guardian, etc. - The Committee shall have power to restore
any child in need of care and protection to his parent, guardian, fit person or fit institution, as the case
may be, and give them suitable directions (S. 39).
[University Examination Questions on the above topic]

1) Discuss in detail the term "child in need of care and protection" in the light of
relevant provisions of Juvenile Justice (Care a nd Protection of C hildren) Act, 2000
(Answer - See S. 2 (d), S ections 3, 31, 32, 38 {Ind 39 of the Act).
2) Write a short note on :

Child Welfare Committee.
=L ..:.:
a """
H'-
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a ..:.:
11:..:..·
1:..:11:,._,:•.:...:fo
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·...:C:::.;l:..:..1.:.:il..:.:d.;..r=e:..:. ...:4...:
11....:•_ _ _ _ _ 4~._ _ _ __!..;
A:....:u::::l..:..:h:.:.;0:..:..
1_· -_____.:;.
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. ..:.; M: =o.!.!k~!J1.
S. 8 : Obse rvation Homes -

Section 2 (o) of the Act defines 'Observation H o1ne' as under -
"Observ ation hom e" means. a home establis hed by a State Government or by a volun t~ry or~an i~ation and
certified by that State Government unde r Secti on 8 as an observation home for th e Juve111les in conflict
with law.
(1) Any State Government may establish and m aintain e ither by itself or under an agreement with
voluntary organizations, observation homes in every district or group of districts, as m ay be required
for the temporary reception of any juvenile in conflict with law during the pendency of any inquiry
regarding them under this Act.
(2) Wnere the State Government is of opinion that any institution other than a home establ ished 01
maintained under sub-Section ( 1), is fit for the temporary reception of juveniles in conflict with law
dming the pendency of any inquiry reg arding them under th.is Act, it may certify such institution as
an observation home fo r the purposes of this Act.
(3) The State Government may, b y rules made under this Act, provide for the management of
observation homes, including the standards and various types of services to be provided by them for
rehabilitation and social integration of a juv enile, and the circumstances under which, and the manner
in which the certification of an observation home may be granted or w ithdrawn.
(4) Every juvenile who is not placed under the charge of parent or guardian and is sent to an observation
home, shall b e kept in a reception unit of the observation home for preliminary inquiries, care and
classification for juveniles according to his age group, su ch as seven to twelve years, twelve to
sixteen years, and sixteen to eighteen years, giving due consideration to physical and mental status
and degree of the offence committed, for further induction into observation home.
S. 9 : Special Homes -
"Special home" means, an institution established by a State Government or by voluntary organization and
certified by that Government under Section 9.
(1) Any State Government may establish and maintain either by itself or under an agreem ent with
voluntary organizations, special homes in every "d istrict or group of districts, as may be r equired for
reception and rehabi litation ofjuvenile in conflict with law under this Act.
(2) Where the State Government is of opinion t hat any institution other than a home established or
maintained under sub-Section ( 1), is fit for the reception of juvenile in conflict w ith law, it may
certify such institution as a special home for the p urposes of this Act.
(3) The Sta~e Go~emment may, by rules made under this Act, provide for the management of special
homes, mcludmg th~ ~tan_dards and various types of services to be provided by them w hich are
necessary for re-soc1alisat1on of a juvenile, and the circumstances under w hich and the manner in
whic.:h, the certification of a special home may be granted or withdrawn. '
(4) ~fhe ~ulc_s made_ und~r sub-Section (~) may also prov ide for the class ification and separation of
J uveni le rn conn ~ct with law on the bas is of age and the nature of offences committed by them and his
men tal and physica l status.
S. 34 : Children's Homes -
"Childr~n_'s home" m~ans, an institution established by a S tate Government or by voluntar oroanizatioll
and certif icd by that Governmen t under Section 34. y 0
( JJ The State Governmen t mc1y establ ish and mainl'tin e ithe r b)' ·, tsel·(' · h tJ1e
. . . ' 01. 111
· assoc1at1· ·o n wit
''.o lunt.a? ~:g,_1111zat1_o~s.' c~ddrcn's h~mcs, in every dis_tric l or group o f d istricts , as the case may be,
~or l~c r.ccepll_oi~ 0 ~. ~'. '. I~
m need o l care ar~d prot~c_t, o n, during the pendency of any inquiry and
sub seq ucn tJy l or lhL:J/ CWL:, trcarm cnt, ed ucat,on , lra1111ng, deve lo pment and reha bilitation.
I R
('{arim; to II ·a111r 11 .~ ( 'ltildre".
{.g§.- - --- - - - 1
,-1111/wr l'r!!/. l mlwvlt /(. ,Hol,u/.
----
The St:itl' G\1~·('111111l'11t 111:ty. h~ rnk~ lll,Hk 1_111tkr_this /\l'I. provide lor tht' rn,111;1gcrnc111 ,,r c hildren\
( l ) l l)ll,-~ irn:h1dm•'.:- thl' :-t:md:ml. and 11at11n..• ol scrv1.n's 111 he 1m1vidc.: cl hy tlit:m• and the c- 1n .11m, t;1nu..'
1 l, • . •
-b r \\hicl1' :ind the 111::mncr 111 which. the. ccr11f1catio11 of II d 1ilclrc11'c; home or rc<'ogn
110lll • i ticm 10 ;1
nilunt::uy l,rganintil 11 may be grnntl'd m w1thdrow11.
1
(.l ) <\II lll!-ri11111hns. whctlwr St_atc (ion.•mn~cn_t rnn lll: thns: ~111 by vol1111 t.1ry org;1ni/at1onc; for children
nl'l.-<l ('If l':lrt' and protcct1l111. sha ll. w1 th 111 a period of six months from the date of commcnccmcn1
:~-Jun·nik Justil'l' tC:irc ::md Protccti_on of Children) /\111c11d111c11I /\ cl. 2006, he rcg1c;tcrcd under rhr-
.\cl 1n sud1 m::inner as 111:iy be prescribed .
s. 3 : Shelter Homes -
"Shelter homes" means. a home or a drop-in-cen tre set up under Section 3 7.
l ]) The State Gcn·emment may recognize. repuled and capable voluntary organ ization<.. and provide
them assi. tance to set up and administer as many she lter homes for juveni les or children. a:-. may be
required.
(1) Tne .helter homes referred in sub-Section ( ! ), shall function as drop-in-centres fo r the child ren in
need of urgent uppon who have been brought to such homes through suc h person as are referred ro
m sub-Section ( I) of Section 32.
(3) As far as possible. the shelter homes shall have such facilities as may be prescribed by the rules .
. 38 : Transfer from Shelter Home -

( I) If during the inquiry it is found that the ch ild is from the place which is outside the juri diction of th~
Child \1i"elfare Commit1ee. such Committee shall order the transfer of the child to the competent
au!.horit: ha,·ingjurisdiction over the place of residence of the ch ild.
(2) Such _1u, enile or the child shall be escorted by the staff of the shel ter home in ,, hich he- 1, loJgeJ
ongmall~.
(3) The State Government may make rules to provide for the travel ing allowance 10 be paid to the child.
S. 39 : Restoration and protection of the child -

(I) Res10ra1ion of the child (i.e. handing over the child 1Q_j_t~ pnr~nts_., fil_lanlians__,_ lit p~r.._L,11_ 9r ri.t
rnsrnution . etc., and protection to the child i~__!_hc prime ob$ctivc or a shcl tc-r honw.
(2J A !.helter home: shall take such steps as arc rnn~id~red nec~,sary for tht· rc-,toratiLH1 L) f and prnlc.'l.' t11.1n
10 2 child depm ed of his famil y environmt:nl.
. / University Exa,nination Questions on the above topic/

1 \\ nte ~bort notes on :
a) Ob~ervation homts.
~ b) Special home.
I) c) Children\ home:.
dJ Shelter homt.
Lau· Rclatirr , to H ·0111,•,r ~\l Chiltlre11 · 46. A uthor - Pro . Prakash K. Mokat.
Q 11estio11:
Discuss th'-' welfare and safet y of children and women in the Factories Act, 1948 .
.411su·er:
"The Factories Act, 1948"

An Act to co nsolidate and amend the lnw regulating labou r in factories.
\\"HERE..\$ it is expedient to consol idate and amend the law regulating labour in factories;
It is here by en:icted as follows : -
CHAPTER - I
"PRILIMINARY"
Section 1 : Short title, extent and commencement -

( 1) This Act may be called The factories Act, 1948.
(2) It extends to the whole of India.
(3) It shall c ome into force on the P 1 day of April, 1948.
Section 2 : Interpretation -
In this Act. unless there is anything repugnant in the subject or context, -
(a) "adult" means a person who has completed his 18th year of age;
(b) "adolescent " means a person w ho has completed his 15 th year of age but has not completed his IS"
year:
(bb) "calendar year" means the period of 12 months beginning with the first day of January in the year.
(c) "child" means a person who has not completed his 15 th year of age;
(ca) "competent person", in relation to any provision of this A ct, means a person or an ins tiruricr
recognized as such by the Chief Inspector for the purposes of carrying out tests, examinations ani:
inspections required to be done in a factory under the provisions of this Act having regard to -
(i) the qualifications and experience of the person and facilities available at his dispo ·a l: o r
(ii) the qualification s and experience of the persons employed in such institution and fociliric
a\ ail able therein , with regard to the conduct of such tests, exam ina tio ns and inspections. and mort
Lhan one person or institution can be recognized as a competent person in re lation to a factory:
(cb) "hazurdou.\ process" means any process or activity in relation to an industry specified to the Fi~t
Schedule where. unless !>pccial care is taken, raw materials used there in or the intermediate or finish~
produc t!,. bye-prod u<:t f>, wastef. or e ffluents thereof wou ld
(i) ca u!><: material impairment 10 the health or the persons e ngaged in or conncc tcd therewith. or
(ii) re!>ult in the pollution of' the general environment :
Provided that the; S ta te ( Jo vcrnrnen t may, by notification in the Orti c ial Ci::1Lcttc. amend the fir)!
~chedult by wa y oJ addition , o n1i ..,~iu11 o r variation , or a ny indus try spc1.: iticd in the said l.'.h~duk-
(d) "yo ung pen,(Jn" rnean i, a person who is e ither a c hild o r c.111 adoks1.:1..:nl;
(e) "day" mean') a pe;riod o f 24 huur~ beginning al midni ght; .
(f) "week" mean~ a p<:riod of 7 uays hcgi1111ing al 111id11ighl on Saturday 11ight or suc h other nigh! a,
may be approved in w:·iting for a particular are a_by the_ C iti c !" l11sp~clt~r n r Fac tu~·ies: . ,flJ
(g) "power" mean ~ <.:l e<:tncal ene;rgy, or any ot her to r111 ol 1.:m:rgy w hich ts mccha111 call y trnnsm11tt!d a
is not generated by human or ani111a l a gl! ncy;
f'<~m'.!!lf!C',~, ~l~~·~
1 1
·'.l!arJ.tft!i,r~rr~f'f!_oJJ~ C!!..
h!!.
il!!:
d1~·e~11~·- - - -..:4!...!7..:...._ __ __!_A~'~'t~/1~0.:..
r_-_;;l--'1-' s /_·1 _K_._M_,_'Jk_a_l.
· l_r_11~h_tJ-'
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Lou' R
'i'
. . " means anv engine. motor or other appli1ance which gcncrnlcs or otherwise provides
(h) "pr,ntl' " " " er . ~
p<'' '\'ri ,·~~;0 ,, macl,inerr" me:ins any shn n, wheel, drum, pul ley, system or pu lleys, coupling,
(i) "frflll\nl '• . . f' . . ' tt .I
clutch.· dnvmg· .· · lrlt
l
or other. . ,•1p11li·111ce
,
or. device
. .
by which the 111nt1011 o a prnne mover 1s tran'!m1 cu
receiwd by any machmcry or appltance, . .
tl1 lir / . n•" includes p,ime movers. transmission mach111ery and all other appliances whereby
li) "mac ,me . . . .
. r
pen, e • ~ i, generated. tTansfonned. transmitted or applied;
(k) ..,,,0 ,,11/ncturing process" means process for - . . . .. . . .
(i) making. altering. repairing. ornamenting. fi~1shing, pac.king, oiling, washin.g, cleaning, b~eak1~g
up. demolishing o_r otherwi~e treating or adoptmg any article or substance with a view to its use,
sale. transport. delivery or disposal; or
(ii) pumping oil. water. se~~1age. or any 0~1er substance; or
(iii) generating. transfonrnn? ~r trans_m1.ttmg power; or . . .
(iv) composing types for pnntmg, pnntmg by letter press, lithography, photogravure or other similar
process or book-binding; or. .. . , . . .
(Y) constructing. reconstructmg, repamng, refittmg, firnshmg or breaking up ships or vessels; or
(,i) preserving or storing any article in cold storage.
(I) "worker'' means a person employed, directly or by or through any agency including a contractor
with or without the knowledge of the principal employer, whether for remuneration or not, in any
manufacturing process, or in cleaning any part of the machinery or premises used fo r a
manufacturing process, or in any other kind of work incidental to, or connected with, the
manufacturing process, or the subject of the manufacturing process, but does not include any
member of the anned forces of the Union;
(m) "factory" means any premises including the precincts thereof-
(i) whereon 10 or more workers are working, or were working on any day of the preceding 12
months, or in any part of which a manufacturing process is being carried on without the ajd of
power, or is ordinarily so carried on,
But does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a
mobile unit belonging to the armed forces of the Union, a railway running shed, a hotel, restaurant or
eating place, or a poly house or green house engaged in the activity of floriculture or pomology or
High Value Crops.
Exp!anarion 11 - For computing the number of workers for the purposes of this clause. all the
workers in different groups and relays in a day shall be taken into account;
Exp!anarion Ii - For the purposes of this clause, the mere fact that an Electronic Data Processing
Unit or a Computer Un it is installed in any premises or part thereof, shall not be construed to make it
a factory if no manufacturing process is being carried on in such premises or part thereof;
Explanarion Ill - For the purposes of this clause, the term "High Value Crops'' shall mean and
include, -
(i) Plantation offruits, flowers and vegetables in a green house or shed-net hous~;
(ii) Plantation of exotic fruits, flowers and vegetables;
(iii) Plantation of crops by use or bio-technology;
(iv) Plantation of medical and aromatic plants and processing industry;
(v) Production of mushroom and processing industry;
(vi) Production of fruits by micro-dir irrigation by u:,;e or plastic and 111ulchi11g;
(v!!~ Nurseries and processing industry where vegetables arc produced in a green house;
(vm) Nursery of ornamental plants;
(n)
"occupier" of a factory means the person who has ultimate wnlrol over the affairs of the factory :
Provided that -
Ln11· Rclatir, i; ro Womc11 .~ Cl1iltlr<'II . 48. A 111/wr - / 1rot: Pralwsh K. Moka/
---.:.
li) in 1hc c:1::c c,f :1 lirm or 0ther ass0cialinn or individuals, any one or the ind ividual partner~
members thcrcor shall be deemed to be the occup ier; · !)t
tii) in the case 1.1f a company. any nnc or the c\ircclors, shall be deemed to be the occupier;
liii) in the case of a factor\'• owned or controlled by the Central Government, or any St • <lt
10, emmcn1. or any local authority , the person or persons appointed to manage the affairs of tht
factory by the Central Govcrnm~nt. the Stale Government or the local au thority, as the case may bee
shall be deemed to be the occupier : ·
ProYided fun her that in the case of a ship which is being repaired, or on which maintenance work .
1
being: c:11Tied out. in a dry dock which is available for hire, - ~
( I ) the 0\\11er of tbe dock shall be deemed to be the occupier fo r the purposes of any matter provid
- b y or under -
tor Cd
(a) Section 6. Section 7, Section 7 A, Section 7B, Section 11 or Section 12;
(b) Section 17. in so far as it relates to the providing and maintenance of sufficient and suitabl
lighting in or around the dock e
- - '
(c) Section 18, Section 19, Section 42, Section 46, Section 47, or Section 49, in relation to the
workers employed on such repair or maintenance;
(2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any pers0
who contracts with such owner, agent or master or other officer-in-charge to carry out the repair 0n
maintenance work, shall be deemed to be the occupier for the purposes of any matter provided for b;
or under Section 13, Section 14, Section 16 or Section 17 (save as otherwise provided in this
proviso) or Chapter IV (except Section 27) or Section 43, Section 44 or Section 45, Chapter VJ
Chapter VII , Chapter VllI or Chapter IX or Section 108, Section 109, or Section 110, in relation t0 _' I
(a) the workers employed directly by him, or by or through any agency; and
(b) the machinery, plant or premises in use for the purpose of carrying out such repair 01
maintenance work by such owner, agent, master or other officer-in-charge or person;
(o) {Omitted by Act 20 of 1987, S ection 2 w. e.f. 1/12/1987}.
(p) "prescribed" means prescribed by rules made by the State Government under this Act;
(q) {Om itted by the Adaptation of Laws Order, 1950}.
(r) "Group " or "relay"; "shift" Where work of the same kind is carried out by two or more sets of
workers working during different periods of the day, each of such sets is called a "Group" or "relay"
and each of such periods is called a "shift".
/
Section 22 (2) : I
No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or an)
tram.m ission machinery while the prime mover or transmission machinery is in motion, or to clean.
lubric.:ate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose
the woman or young person lo risk or injury from any moving part either of that machine or of any
adjacent machi nery.
Sectio n 23 : Employment of young persons on dangerous machines - I

(I ) No young pcr-;on shall be rc.:quirt.:d or allowed lo work al any machine to which th is Section applies.
unlc.:ss he has been ful ly instruclcd as lo the clangers arising in connection with the machine and the
precaution s to be observed and -
(a) has rcc.:cived suf'ficienl training in work anthe machine, or I
(b) is under adcquak supervision by a person who has a thorough knowledge and experience of
the machine.
Section 27 : Prohibition of employment of women and children near cotton-openers -

bf!_W Relating to Women & Children. 49. Author Prof. Prakash K. Mokal.
No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-
opener is at work : . .
Provided that if the feed-end of a cotton-opener 1s m a room separated from the de! ivery end by a partition
extending to the roof or to such height as the Inspector may in any particular case specify in writing,
women and children may be employed on the side of the partition where the feed-end is situated.
Section 34 : Excessive weights -

(I) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to
cause him injury. ·
(2) The State Government may make rules prescribing the maximum weights which may be lifted, carried
or moved by adult men, adult women, adolescents and children employed in factories or in any class
or description of factories or in carrying on &.ny specified process.
Section 48 : Creches -
( 1) In every factory wherein more than 30 women workers are ordinarily employed, there shall be
provided and maintained a suitable room or rooms for the use of children under the age of 6 years of
such women.
(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall
be maintained in a clean and sanitary condition and shall be under the charge of women trained in the
care of children and infants.
(3) The State Government may make rules -
· (a) prescribing the location and standards in respect of construction, accommodation, furniture and
other equipment of rooms to be provided under this Section;
(b} requiring the provision in factories to which this Section applies of additional facilities for the
care of children belonging to women workers, including suitable provision of facilities for
washing and changing their clothing;
(c) requiring the provision in any factory of free milk or refreshment or both for such crnldren;
(d) requiring that facilities shall be given in any factory for the mothers of such children to feed
them at the necessary intervals.
Section 51 : Weekly hours -

No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
Section 54 : Daily hours -

Subject to the provisions of Section 51 , no adult worker shall be required or allowed to work in a factory
for more than nine hours in any day.
Provided that, subject to the previous approval of the Cb_ief Inspector, the daily maximum hours specified
in this Section may be exceeded in order to facilitate the change of shifts.
Section 66 : Further restrictions on employment of women -

(1) The provisions of this Chapter shall, in their application to women in factories, be supplemented
by the following further restrictions, namely -
(a) no exemption from the provisions of Section 54 may be granted in respect of any woman;
(b) no woman shall be required or allowed to work in any factory except between the hours of 6
a.m. and 7 p. m.
Provided that the State Government may, by notification in the Official Gazette in respect of any
factory or group or class or description of factories, vary the limits laid down in clause (b), but so
that no such variation shall authorize tbe employment of any woman between the hours of IO p. m.
and 5 a. m.
Law R elati11 g to Women & Children.
Questio11:
so. Author - Pro f. Prakas h K. MokaL
-
\\'hat are the restrictions on the employment of children in factory ?
Ans•ver:
The main restrictive prov isions of the Act about the employment of children are as follows -
(a) The employment of a child below the age of 14 years is totally prohibited. \S. 671.
(b) A chi Id who has completed the age of 14 years but has not completed the age of 15 years can be
employed for a maximum period of 4 ½ hours in a day.
(c) Such child cannot be employed during the night time i.e. from l 0p.m. to 6a.m. lS. 71 ].
(d) Such chi ld must have a certificate of fitness granted by the Certifying Surgeon. (S. 68\.
(e) The Manager must maintain a register of child workers in the prescribed form. (S. 73].
(f) A child who has completed the age of 15 years but has not completed the age of 18 years can~
employed as an adult if he has a certificate of fitness for a full day's work. {Ss. 68 & 69}.
These provisions given above, are discussed in detail as follows -
Section 67 : Employment of young children -

No child who has not completed his 14 th year shall be required or allowed to work in any factory.
Section 68: Non-adult workers to carry tokens -

A child who has not completed his 14th year or an adolescent shall not be required or allowed to work in
any factory unless -
(a) A certificate of fitness granted with reference to him under Section 69 is in the custody of the
manager of the factory, and
a
(b) Such child or adolescent carried while he is at work a token giv ing reference to such cert_
ificate.
Section 71 : Working hours for children -

(1) No child shall be employed or permitted to work, in any factory - (a) for more than four and half
hours in any day; (b) during the night.
(2) The period of work of all children employed in a factory sh all be limited to two shifts which shall not
overlap or spread over more than five hours each; and each child shall be employed in only one oftht
relays which shall not, except with the previous permission in writing of the Chief Inspector, be
changed more frequently than once in a period of 30 days.
( 3) The provisions of Section 52 shall apply also to child workers, and no exemption from the provisions
of that Section may be granted in respect of any child.
(4) No child shall be required or allowed to work in any factory except between 8 a. m. and 7 p. m.
Section 72 : Notice of periods of work for children - .

( 1) There shall be displayed and correctly maintained in every factory in which children are employed 10
accordance wi~h the provisions of sub-sectio~ (2) of _Sectio? l 08 _a notice of perio~s of work f~
children, showmg clearly for every day the penods dunng which children may be required or allowe
to work. x
(2) The periods shown ~n th e notice required by s~b-secti_on ( l ) shall be fixed beforehand_ in accord~~~
with the methods laid down for adult workers m Section 61 , and shall be such that children work!
for those periods would not be in contravention o f the provisions of Section 7 I .
1e=';;._'=&:;.......;:;.C..;..; 1
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h.1Kb•.J.M~o~k:_ga1,l.
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Section 73 : Register of&'.c hild ~ork ~•h·s - _d _ _ _

Th manager of every 1actory in w 111c c1111 rcn arc em ployed shall maintam a register of child
(l) wo:kers. to be available to tl~e inspector at a ll times during working hours or when any work is being
•cd on in a factory. showing -
ca~a) the name of each chi ld worker in the factory,
(b) the nature of his work,
(c) the group. if any, in which he is included,
(d) where his grou~ work~ on shifts~ the relay to which he is allotted, and
(e) the number of his certificate of fitness granted under Section 69.
(IA) 10 child worker shall be required or allowed to work in
anY factory unless his name and other particulars have been
ent~red in the register of child workers.
(2) The State Government may prescribe the form of the register of child workers, the manner in which it
shall be maintained and the period for which it shall be preserved.
Section 74 : Hours of work to correspond with notice under Section 72 and r egister
under Section 73 -
0 child shall be employed in any factory otherwise than in accordance w ith the notice of periods of work
for children displayed in the factory and the entries made beforehand against his name in the register of
child workers of the factory.
Section 75 : Power to require medical examination -

Where an Inspector is of the opinion -
(a) That any person working in a factory without a certificate of fi_tness is a young person, or
(b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the
capacity stated therein,
he may serve on the manager of the factory a notice requiring that such person or young person, as the
case may be, shall be examined by a certifying surgeon , and such person or young person shall not, if the
inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and
has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under Section
69. or has been certified by the certifying surgeon examining him not to be a young person. ·
Section 99 : Penalty for permitting double employment of child -

If a child works in a factory on any day on w hich he has already been· working in another factory, the
parent or guardian of the chi Id or the person having custody of or control over him or obtaining any direct
benefit from hi s wages, shall be punishable w ith fine which may extend to Rs. 1,000/- unless it appears to
the Coun that the child so worked without the consent o r connivance of such parent, guardian or person.
Facilities & Convenie ncies to workers/women/children:

Question:
What are the measures to be taken by a factory in respect of the health of the
workers?
Answer:
Every factory must take appropriate meas ures as nc r the provi sions or Ilic Act .=
a) to keep its premises in clean state;
b) to dispose of wastes and effluents;
c) !Q maintain adequate ventilation and reasonable temperatu re;
Law Rdatir,r. ro 1f ·omen ,~ Children. 52. Author - Pro : Prakash K M k
. () "'·
d) It' prc,-cnt accumulation of dust and fume;
1.') 10 aY0id over-crowding;
f) to prnYidc sufficient lighting, drinking water, latrines and urinals, and spittoons. ISs. l 1 to 2J!h
Question:
\Yhat are the measures to be taken by a factory in respect of the safety of
workers? t~,
Answer:
E Yerv factory must take appropriate measures as per the provisions of the Act -
~1) to fence certain machinery;
b) to protect workers repairing machinery in motion;
c) ro protect young persons working on dangerous machines;
d) to maintain hoists and lifts in good condition;
e) to protect workers from iniury to their eyes; .
f) to protect workers from dangerous dust, gas, fumes and vapours;
g) to protect workers from fire, etc. [Sections 21 to 41).
Question:
\Vhat are the measures required to be taken by a factory in respect of the welfare ol
the workers ?
Answer:
E verv factory must take appropriate measures as per the provisions of the Act to provide -
a) facilit ies for washing;
b ) facilities for sitting workers while they are on work;
c) facilities for storing clothing not worn during working hours and the drying of wet clothing (in ~i
c.:a.se of bigger factories only) ;
d) first aid boxes and coupboards;
e) canteens (in the case of bigger factories only);
f) rest rooms and lunch rooms (in the case of bigger factories only);
/ g) creches (in the case of factories employing more than 30 women workers only). (Sections 42 to 501,
Question:
What are the restrictions on the employment of children in factory?
Answer:
The main restrictive provisions about the employment of children are as follows -
a) The employment of a child below the age of 14 years is totally prohibited. (S. 67).
b) A ch ild who has completed the age of 14 years but has not completed the age of 15 years c~
employed for a maximum period of 4 ½ hours a day.
c) Such child cannot be employed during the night time i.e. from 1Opm. To 6am. JS. 71 !.
d) Such child must have a c.:crtilicate of fitness granted by the Certifying Surgeon. JS. 68].
e) The Mana!! cr must maintain a register of child workers in the prescribed form. !S. 73 !.
f) A child who has com pleted the age of 15 years but has not completed the age of 18 years ~
employed as an ad ult if he has a certificate of fitness for a full day's work. Ss. 68-69].
/atin 10 Women & Childrer, . 53. Author - Pro . PraktLsh K. Mokal.
i att' Rc
N RIGHTS AND W~ME1".: . . .
~denotes all those rights which are 111herent 111 their nature, and without which we cannot
Human Rightsbein!!s. The human rights being eternal part of the nat1ire of human beings, arc csscntia I for
li\'t' as hunian f individual personality and human qualities, the intelligence, talent and conscience, and to
O
de\'elopl11ent satisfy the spiritual and other higher demands.
th 1 1
enable e '. : ;11 groups of human beings, which either by natu re or because of deep rooted customs, arc
There are celnerable. such as a children, women, disabled persons, migrant workers or persons belonging
311d 11
weak ." r race. However, they being human beings do posses Human Rights and fundamental
to a part1cu 1a . . . d dd . d . c .
But their rights have been v10lated by very pnvilege an epn ve sections ior securing a
!Teedo;ns.themselves. The number of Conventions have been concluded under the auspices of the United
place 1or . R. ht
Nations 10 protect their 1g s.
HUMA 1 RIGHTS UN~ ER ~ HE CHARTER <:>F THE UNITED NATIO~ S :

Charter of the United Nations signed at San Francisco on 26 June 1945 came mto force 24 October, 1945.
IA! PREAMBLE :
We the people of the United Nations detennined i) to save succeeding generations from the scourge of
war. which twice in our lifetime has brought untold sorrow to mankind, and ii) to reaffinn faith in
fimdamental human rights, in the dignity and wo1th of the human person, in the equal rights of men and
women and of nations, large and small, and iii) to establish conditions under which justice and respect for
the obligations arising from treaties and other sources of international law, can be maintained.
[BJ PURPOSES AND PRINCIPLES :

Article 1 : The purposes of the United Nations are:
a) To maintain international peace and security;
b) To achieve international co-operation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language, or religion;
Article 8 : The United Nations shall place no restrictions on the eligibility of men and women to
participate in any capacity and under conditions of equality in its principal and subsidiary organs.
UNIVERSAL DECLARATION OF HUMAN RIGHTS:
IAJ PREAMBLE:-
The Preamble of the Declaration proclaims the Universal Declaration of Human Rights as a common
sta ndard of achievement for all people and for all nations, to the end that every individual and every organ
of the society, keeping this Declaration constantly in mind, shall strive by teaching and education. to
promote respect for these rights and freedoms and by progressive measures, national and international, to
secure their universal and effective recognition and observance, both among the people or Mt:rnber States
themselvcs and among the people of territories under their jurisdiction. Thus, the General Assembly
re~omme_nds to every individual and every organ of the society, to do something with respect to Human
Rights laid down in the Declaration.
[B] Enu~eration of rights in the Declaration :-

The Universal Declaration enumerates the basic postulates and principles or human rights, in a most
comprehensive manner -
54. Author - Pro. Prakash K. MokQ£
Law Relatinu to Women & Children·
. . . . I R" ht ·- Articles 2 to 2 1 deal with these rights gen erally recognized throughout
i) C1v1I and Pohtlca 1g s • ~
World. These are as follows :- .
Article 3: Right to life, liberty and secun_tY of persons.
Article 4: Freedom from slavery or servitude. .
Article 5: Prohibition against torture, inhuman or puntshment.
Article 6: Recognition as person before the law. . . . . . .
Article 7: Equality before the law and equ~l prot~ct1011 of law without any d1 scnmmation.
Article 8: Effective remedy before the nat10oal tnbunals.
ii) Economic and Social Rights : - Article 22 to 27 of the Declaration, deal w ith economic-social righ~
they are:-
Article 22 :- Right to social security.
Article 23 :- Right to work and free choice of employment.
Article 24:- Right to rest and leisure.
Article 25:- Right to standard living adequate for health of himse lf and of his family.
Article 26:- Right to education.
Article 27: - Right to participate in cultural life.
COVENANT ON CIVIL AND POLITICAL RJGHTS :

Many rights enshrined in the Covenant on Civil and Political Rights have been recognized specially intb
lndian Constitution as ' Fw1damental Rights'. The Covenant on Civil and Po litical Rights consists ofl'.
Articles and is divided into six parts - while in Parts l, lJ and 111, various rights and freedoms ar1
enumerated, the other three Parts are devoted with implementation procedures for effective realization o·
these Rights along with the final clauses.
Substantive Rights : Part III deals with specific Rights of the individual and the obligation of the Stat~
Parties.
The States Parties to the present Covenant, undertake to ensure the equal right of men and women to !~
~
enjoyment of all Civil and Political rights set forth in the present Covenant. [Article 3]. Following aretilt
substantive rights -
l) Right to life [Article 6].
2) Freedom from slavery, servitude and forced labour [Article 8].
3) Right to liberty and security [Article 9].
4) Right to fair trial [Article 14].
5) Right to recognition as a person before the law. [Article 16].
6) Rjght to marry and fonn a family [Article 23].
7) Right of the child [Article 24].
8) Equality before the law [Article 26].
9) Rights of minorities [Article 27].
The above rights set in the Covenant are not absolute, and are subject to certain limitation -
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS:

The International Covenant on Econom ic, Social and C ultural Ri ghts is consisted of 31 Articles which aft
divided in five Parts.
Part I deals with the Rights of people to self-determination as provided in Article I of the Covenant of
Civil and Political Rights. .
Other rights are enumerated in Part Ill of the Covenant, which inc lude the following Rights :-
1) Right to work [Article 6].
2) Right to just and favourable conditions of work [Article 7].
~
,
. Women & Children . 55. Author- Pro. Prakash K . Mokal.
11 /atm" to
Ull'"e . .
d 1-oin trade umon [Article 8].
. o forrn an . . )
3 Right t . I secunty (Article 9 .
~ Righi to soc_ia to motherhood and childhood, marriage and fa1T1ily [Attic\e 1O].
4
S) Rights relalln~ al and mental health. (Article 12].
. . hi to physic
6) Rig
N ON THE ELI.MIN ATION OF ALL FORMS OF DlSCRIMINATl ON AGALNST
VENTIO
~ DAW]:
~
. Elim1nation of Discrimination Against Women CEDAW ado ted in 1979 b the UN
~s~:blv ~ ~s often described as a~ intem~tio~a~ bi!~ of righ_ts for women. Consisting of
~ Articles, 1t defines ~h~t :on~titutes d1scn~mnat1on ~gamst w~men and sets up an
a Preaml'. national action to end such d1scnmmat1on. Convention came mto force m 1981 presently the
agenda ior .
tion has 163 States Parties.
Con;:: Convention defines di~crimination against women as " .. _.any _d~stinction, ~xc_lusion or restri~~ion
made 00 the basis of sex, which ~as the ~ffect or ~urpos~ of 11npa1nng or n~lhfymg tl~e recogmt1on,
n·oyment or exercise by women, irrespective of their manta\ status, on a basis of equality of men and
~v~men, of human rights and fundamental freedom in the Political, Economic, Social, Cultural, Civil or
any other field."
Principles to condemn Discrimination Against Women :-

By accepting the Convention, States Parties condemn discrimination against women in all its forms,
agree to pursue by all appropriate means and without delay. a policy of eliminating discrimination against
women and, to this end, undertake :
g) To embody the principle of the equality of men and women in their national Constitutions or other
appropriate Legislations if not yet incorporated therein, and to ensure, through law and other
appropriate means, the practical realization of this principle;
h) To adopt appropriate legislative and other measures, including sanction wherever appropriate,
prohibiting all discrimination against women;
i) T0 establish legal protection of the rights of women on an equal basis with men, and to ensure through
competent national tribunals and other public institutions, the effective protection of women against
any act of discrimination·
j) T0 ,
r~frain from engaging in any act or practice of discrimination against women, and to ensure that
pubhc authorities and institutions shall act in conformity with this obligation·
k) :~ ~ke .all appropriate measures to eliminate discrimination against 'women by any person,
gamzat1on or enterprise·
I) To take all appropriate m;asures, including legislation, to modify or abolish existing laws, regulations,
m) ~USloms and practices which constitute discrimination against women;
T~ repeal all national penal provisions which constitute discrimination against women.
a ;s, the Convention is the only human rights treaty, which affirms the reproductive rights of women
a~ targets culture and tradition as influential forces shaping gender roles and family relations. lt
ch\r;;swomen's rights to acquire, change or retain their nationality and the nationality of their
an~ ren. ~tates Parties also agree to take appropriate measures against all forms of traffic in women
exploitation of women.
LAWGIV1
~ G SPECLAL RIGHTS T O WOMEN : . . . . .
laws rectify the unequal position of women, and to give mean mg and content for thetr nghts,_ m~ny
Lawt::e ~nacted, they can be broadly categorised as Constitutional provisions, Labour laws, Cnmmal
nuly Laws and other Civil Laws. Some of these are as follows -
56. A 11thor - Pro. Prakash K: MokaL
Law R elatin tn Women & Clrildre11 •
Question: .
Discuss in detail the status of women in pre-independent India, and trace some of the
historic e,,ents which led to the improvement of their status.
Answer:
Yedic Period : During Vedic Period, women enjoyed a fair amount of free?om and _equality_. The Vedic
Period can best be tem1ed as the period of feminine glory and a lso o f m ascu ]me sagacity and ltberalism.
\\'omen participated in all spheres of life like men ~id. _T~ey ~tudued in Gurukuls and ~njo~ed ~quality in
leaminl? the Vedas. There was nothing in Vedas d1scn mmatmg women from men. Gtrls m higher class
socities- were allowed to undergo Upanayana rite. G reat women like Gargi, Atreyi, Ghosa, Apala,
Lopmudra~ Vsvara. lndraniand Yami, inter alia, were accomplished well in art, music, dance and even
warfare. ln Atreya Upanishad, the wife was called the comp~nion of husband. In the Rugveda, the wife
has been blessed to live lie a queen in the house of her husband. Women of higher class were
indispensable partners of their husb ands in the Yadnya. They could hold properties and widow could
remarry.
British Period : During the British Period, women were not denied learning. Nuns figure prominently in
songs which found p lace in Pali canons. Women took active part in the community life of the village, but
they had lost the right of Vedic studies. The deterioration is more perceptible in the Gupt Age. Certain
corrupt practices crept into the religious beliefs. The Swaminarayana and Gandharva form of marriag~
fe\\ into disuse and the Arsa ans Asura forms of marriage in which the bride had to be given with a price,
became popular. Widows could not mairy again , and had to sp end rest of their life in pen ance and
austerity. \Vernen had no right to real property, but there was no purdah or seclusion, and they freely took
part in games and festivals.
During the time of Harshvardhana, the practice of Sati or w idow burning themselves on their husband's
fu neral pyre was somewhat in vogue. More often they were doomed to live in loneliness and
mortification. Even so there are many instan ces of women acquiring exceptional profi ciency in science
and literature. The names of Li/avali and Khan legendary masters of arithmetic and astronomy, may be
noted in this context.
_l\1e div ia l Perio d : At the time of the arriva l of Muslim culture in India, the position of women was far
from enviable. A soc iety in which female infaniticide, child marriage, Purdah, Jauhar, Sati and s laver)'
ex isted, was not a happy one for women. Amir Khsro laments the birth of daughter and Shaikh
.Vizamuddin Auliya declares that there would be Qayamat if women were given freedom. But there were
exceptions 100. Women lik e Raziya and Roopmati were highly accomp lished. T houg h, mostly women
were not educated in the modem sense of the term, they were well trained in househo ld work.
Motherhood wa-. un iver!)a)ly n.:~pccted and the devoti on of Indian woman to her husband. children and
home was proverbial.
The attitude, behavior and living p:.illcrn of I lindu soc iety cha nged drastically during the British n.:ginl~
due to education and western impact on the soc io-c ultura l life of lndia.
T he most imponant <::vent after independence has becn the drafting or the Constituti on o f Ind ia. enshri 1_1in~
the principles of eq ual ity, liberty and social justice. The f"ramers of the Constitution were aw,~rc ot tb 1
so ciology of th e problem of cman icipati on o f' the fema le sex. They rea lized that equality was unport~;e
for the development o f the Nation. It was evident in order to eliminate in eq uali ty and to provi jc
opportunities for the exercise o f human ri ghts. It was necessary to promote education and econorll
. to Women & Children. 57. Author- Pro. Prakash K. Mokal.
Law Re/attn
ofwomen. It-became the object!ve o~ t he State to protect wome1~ tt:om explo_itation and provide
intere5: 5 .All these ideas were enshrined m the Preamble of the Constitut10n of India.
social JUS:~~~
of the Constitution of India res?lved t~ secur~ to all citizen~ - Justic~ : social, economic
Tbe Pre~'- • Liberty - of thought, expression, be hef, faith and worship ; Equahty - of status and
1
and poh~,c~ ' nd to promote amongst them - fraternity as~uring the dignity of an individual and the unity
opportontt~, a To attain these objectives, the Constitution of India guarantees certain Fundamental Rights
of the Na;ion: such as, freedom of speech and express"ion, protection of life and personal liberty. Indian
a11d free ombeneficiaries of these rights in the same manner on the basis, inter alia of sex.
women were
t the request by the United nations General Assembly to prepare a repmt on the status of
0
Pursuan~ 1ndia a Committee on the Status of Women in India (CSWI) was constituted in the year 1971.
women 111 , • • " • •
The Conunittee submitted its _Report ent1~led Towar~s Eq~ahty", the R~port has been_a landmark m t?e
. history of India heraldmg a conscious change m attitudes, behavior, law estabhshment of special
socia 1 . ~ d · ~ 1· ~
institutions and creating both, rn1rastructure, an environment 1or equa 1ty 1or women.
Constitutional Provisions to safeguard women's interests :
Question:
Discuss the Constitutional provisionsfor the benefit of the women and explain how
does it safeguard the interests and rights of women.
OR
Discuss the provisions with respect to the protection against discrimination of women
guaranteed under the Constitution of India.
Answer:
The provisions regarding women in the Constitution of India are contained in Articles 14, 15 (1 ), 15 (3 ),
16 (1), 16 (3), 23, 24, 39 (D), 42, 51A and 243 (T). They are as under-
Article 14 : Equality before law :

"The State shall not deny to any person, equality before the law or the equal protection of the laws within
the territory of India".
Article 15 : Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth :
1) The_ State shall not discriminate against any citizen on grounds only of re ligion, race, caste, sex, place
of birth or any of them.
2) N~ th ing in thi s Article shall prevent the State from making any special provision for women and
children.
l) Th 16 ·· Eq uart
Article I Y o f opportunity in matters of p ublic employment:
er~ shall be equality of opportunity for all c itizens in matters relating to employment or
) ~po~~tment to any office under the State.
2
or°t~~:en s~all,_ o_n gr~unds o~ly ~f ~eligion , ra_ce, c~ste, sex, de~cent, place of birth, re~idence or any
State. ' be mehg1ble for, or d1scnmmated against, JD respect o1 any e mpl oyment or office under the
3
) No th ing in this Article shall prevent Parliament from making a ny law prescribing in regard to a class
or c1asses of employment or appointmen. -
t to a n ofhce unde r the Government or' any local or other
p
Law Relatin to Wom en & Cltildren . 58. Author - Pro . Prakash K. Mok<lL
authority within. a State or Union terri tory, any requi rement as to residence within that State or Uni~
territory, prior to suc h e mp loyment or appointment. ..
4) Nothing in this Article shall prevent the state from making a ny prov_is ion fo~ t_he reservation ~
appointments or posts in favour of a ny backward class of ci tizens which, m the opmion of t he State .
not adequate ly represented in the services under the State. •~
4-A) Nothin g in thi s Arti c le shall prevent the State from making any provisio~ for reservation in mattet\
of promotion to any class or classes of posts in the services under the State m favour of the Schedu!e4
Castes and the Sc heduled Tribes w hich, in the opin ion of the State, are not adequately represented in tne
sen 'ices under th e State.
5) Nothing in t his Article shall affect the operation of any law which provides that the incumbent of an
office in connection with the affairs of any religious or denominational institution or any member of
the governing body thereof, shall be a person professing a particular religion or belonging to 2
particular denomination.
Article 23 & 24 : Prohibition of traffic in human beings and forced labour :

1) Traffic in _human ?eings _~nd beggar, arc simi lar fo~s of forced labour, are p roh ibited and any
contravention of this prov1s1011 shall be an offence purushable in accordance with law.
2) Not~in~ in t~s Article sha_ll prevent the State from imposing compulsory service for public p urposes,
and m 1mpos10g such service, the State shall not make any discrimination on ground only of re ligion,
race, caste or class or any of them.
A rticle 39 : C ertain princip les of policy to be followed by the State :

The State shall, in particular, direct its policy towards securing that
a) the cit izen, men and women equally , have the right to an adequate means of livelihood·
b) there is equal pay for equal work. for both, men and women '
c) the health and strength of workers, men and women, and the tender age Of h1"ldr
and that citizens are not forced by economic necessity to enter avocati c . en are not abused,
ons unsuited to their age or
stren gth .
A rticle 42 : Provis ion fo r i ust and hum ane conditions of work and mate ·t .
The State shall make prov1·c;1·on fior securing
· JUSt
· • I h umane conditions of rm·k Y rehef ··
anc
. wo1 and fo . . •
Oi gmty of women - _ _ . r maternity relief.
S inc..e ' J, ome n al~o have the ngh1 to ltfc and liberty, they also have h .
treated as ('qua! citizen!>. T hey a lso have right to lead an honourable and t e nght to be respected and
- ' peaceful life.
A rtk l<:: 51 A : f· u11 dam rntal d uti~s:
u: hami<Jny a ncJ tlit: ._p irit of common brotherhood amongst 11
T o p rum (J · . . . . . . · - .. a the , •
• • !'nrru1•
1 •1c.: and regiona l or <,c;c.:t10nal <.11 vcrs1 t1cs, to renounce p. . people of Ind ·· . .
re J1g 1c.H..1!>, ~ -· r,1ct 1ccs d ,. . •a transcending
ei ogator ·
womt"n. Y to the dig ni ty of
..
Artu.: l.e
243 er, : R <::t.cn·a ti o ll o f Sc ah -
. . . 1 A ·ncJinc:nt J ')'J2 ha s bec11 cnackd to giv.
731J C r,n·~1,i u 1<1nu 111c . . ·• c Co11stit .
Tl11: - . .J . · •c11H><:rilC.:Y of g ra!>'>rouf:., ah ti 111\cnus lo "iv.. . lll1011a1 s1·1t
J ,..,J< , 1upr(Jv1 c_ u I o '-J)owl! • 'llS(o I
RaJ . 1 ~ .....1:; f ,· ·i1H, tu W1J lll t 11 <Jue third i,ca l f> ar~ IU '>c reserved l'o,- r lo the.: f)copl: t1c Panchnyal
R eser va tH..>n " .,l'. • J Sdicdul c d ·1nbch, rcs pcct1 vdy, and o11c th' tl Women, Whcth c.
for ScJic:duJed ~a!>_1c:~ ijJI . i r or open seats ·e 11: they are reserved
women u f (j JJ 1,.;~~ , i..:~ .
·
~ 1<111 b
e reserved for
Y!."' Relating to Women & Children. 59. Author - Pro[ Prakash K. Mokal.
rd
ll further required that not less than 113 of the total number of offices of Chairpersons in the Panchayat
at eacI\ level shall be reserved for women. The number of offices reserved shall allotted by rotation to
different Panchayat at each level.
Ouestion:
Need for uniform Civil Code.
Answer:
The Unifonn Civil Code is on~ of the Directive Principles of the Constitution of India. The wordings of
clause 39 were identical to Article 44. Sub-committee has recommended that clause 39 should be drafted
in a manner that while the ~nifonn Code was highly desirable for its citizens, it ought to be made
applicable on a _volu~ta~ basts. . . . .. . .
The mam obJect1ons were raised agamst this prov1s1on m the Constituent Assembly, viz. that it
would impinge upon the fundamental right to freedom of religion guaranteed under Article 25 in the name
of culture under A11icle 29 of the Constitution of lndia, and secondly, it would be tyrannical to the
minorities. While Article 25 guarantees freedom of conscience and religion, the Unifonn Civil Code
divests religion from personal law and laws governing marriage, succession, inheritance, etc. It must be
emphasized that the object of the Unifonn Civil Code is not to impinge upon religious liberties.
The idea of a Uniform Civil Code has two aspects - uniformity of law between all the
communities, as well as, unifonnity within the communities without any discrimination between the
rights of men and women.
The reply to the second objection wasgiven by Shri K. M. Munshi, the Member of the Drafting
Committee in the Constituent Assembly. He said - ''Nowhere in the advanced Muslim countries the
personal law of each minority has been recognized as so sacrosanct as to prevent the enactment of a Civil
Code".
Dr. 8. R. Ambedkar, the Chainnan of the Drafting Committee of the Constitution, while
supporting the need of a Unifonn Civil Code, stated - "We have in this country a unifonn code of laws
covering almost every aspect of human relationship. We have a unifonn and complete Criminal Code
operating throughout the country ... ..... The only province the civil law has not been able to invade so far
is marriage and succession, etc., ..... . and it is the intention of those who desire to have Article 35 as part
of the Constitution to bring about the change. He further added that even Muslim Law was not unifonnly
applied throughout the country till 1935. For instance, the Hindu Law, and not the Shariat Law applied in
the mallers of Succession in the North West Frontier Provinces. Similarly, in North Malabar, the
matriarchal Marummkkattayam Law applied to both, Hindus, and Muslims.
However, since the entire issue of a common civil code was politically sensitive, the framers of the
Constitution arrived at a compromise by placing it as a Directive Principle of State Policy in Article 44.
Under Article 44, the State is bound by the Constitutional Mandate to secularise and hogenize
family laws. The need for Uniform Civi l Code is felt for acquiring gender justice, national integration and
modernity.
Anicle 44 requires the State to secure for the citizens a Unifom1 Civil Code throughout the territory of
India.
In a historic Judgement in Sarlo Muclgal vis. U11io11 of_lfldia, [(I ?95) 3_ ~CC 635], the S,upreme
Court has directed the Prime Minister to take a fresh look al Arttcle 44 which en10111s the State to secure a
Unifonn Civil Code which according to the Court is imperative for both, protection of the oppressed, and
promotion of national unity and integrity. The Court directed the Union Government through the
Law R elati11g to Wom e11 & C hildren . 60. A uthor - Prof. Prakash K. Mok%_
Secretary to Ministry of Law a nd Justice to file an affidavit by August, 1995 indicating the steps tak
and efforts made, by the Government, towards securing a Uni fonn C ivil Code. en
. The abo~e direction was given .by the Cou11 ~hile d~aling. with case where a H indu husband
married under Hindu Law, after conversion to Islam, without d1ssolvmg the fi rst marriage, can solemniz
a second ma rriage. The Court held that such a marriage will be illegal, and the husband can be prosecute~
for the offence of bigamy under Section 494 of the Indian Penal Code, 1860.
PROTECTION OF WOMEN AGAINST VIOLENCE :

The violence against women includes sati, dowry, rape, etc. In order to protect women from getting
exploited, various Acts have been enacted.
They are as fo llows:-
I] The Commission of Sati (Prevention) Act, 1987
This Act provides for more effective prevention of conviction of Sati. Thi s Act prescribes punishments, as
under -
Punishments :
i) Attempt to commit Sati - 1 year imprisonment of fine or both.
ii) Abatement of Sati - Life imprisonment and fine. I
iii) Glorification of Sati - Imprisonment not less than 1 year up to 7 years, and fine not less than Rs
5000/- up to Rs 30,000/ -.
Sati:
Sati system was recognized s ince the Vedic period . It has its origin in the idea of 'Pativratya · associated
with marriage. As per the ideal 'palivratya' populadzed by the puranic writers, the wife is expected to be
devoted to her husband a lone. It imp lies that, fidelity and modest service to the husband, are the sole
duties and main purposes in her life. As a river merging itself in the ocean, loses its identity, so a wife is
supposed to merge her individuality w ith that of her husband. H er only concern in life, is to provide all
services to the husband; Satisfaction of her husband is her sole j oy in life. The wife is expected to prove
herself as a real "Sati" w ith al 1 dedication and reverence to her husband.
The ideal of Pativratya was stretched too much. It made the wife to be not only attached to the
husband as long as he lived, but even after his death, because a "Sati" could never conceive of a secood
marriage or a second husband. Hence, on the death of the husband, the w ife had either to live c~astelyf
renouncing all the j oys of life, or to follow her husband· by j umping into the funera l pyre. The ideal 0
Pativratya gave rise to and glorified the practice of Sati" or self immolation. With the passing of time, the
ideal of Pativratyo became so deeprooted in the m ind of the Hindu woman that immolation became 001
only customary, but a woman's hi ghest aspiration. .
Raja Ram Ml>han Roy and the fo llowers of Brahmo Samaj worked for the abolition of cruel .s.:
pnicti cc. ft w~ at thi s time that, Lord William Bentinck studied the matter, a nd finally, BnU
Government in l 829 passc;d, "Abolition of' Sati Practice, Act, 1829". .
In order to take more effective measures to prevent the comm ission of Sati and its g lorifical1°n,
"The Commission o f Sati (Prevention) Act, 1987" was passed by the Indian Government.
Dc finitiou of 'sali ' :

This Act, ddine!-1 'Sati ' under Scc.:tiun 2 (c) as fo llows
"Safi meanb. the burning.,QLburying alive of':
~
"efafifl to Women & Cltildren . 61. A 11t/10r - Pro : Prakash K. Mokal.
LP"' /\ . .
. ton , with the bod , of her deceased husband or an other relative or an article
widow a . . .
i) ;\Jl •ect or tiling associated with the husband or suet_, rcl~ttve; . .
~ alon with the bod of an of her relative m es ect1vc of whether such bumm ' or
woman h • ,,
ii) i\n .- is claimed to be voluntary on the part of the widow or lhe woman or ot erw1se .
~ .
(to commit Sati has been made punishable under t,.11s A ct wi"th 1mpnsonment
" . ,or
C
a term
of :1ttclllP . .
The :ict . d to six months or with fine or with both (S. 3).
· 111a)'
which '
c;,;ten mpts commit Sati then whoever abets such attempt, e1t · I1cr d.irect Iy or .md.1rcctIy, sha 11
10
. r.;on aue '. .
lfan) ~ i.t v·ith imprisonment for hfe and shall also be liable to fine (S. 4 (2)1.
,Mv e'
be pun\,;iere a person commits Sati, then whoever abets the co_mm1ss1on · · o f sueh Sat ~ . . h d'
, be1t er I
ti fi1rectfy
S o~
In case 1 11 be punishable with death or imprisonment for hfe and shall also be 11a 1c or me •
indirectly. s ia
( 1)I. tso provides punishment for any act of glorification of Sati.
The ~ct~ of the Act lays down that, "Whoever does any act for the glorification of Sati shall be
Section - with imprisonment for a term which
. h ble · shal1 not be less than one year b ut wh.1ch may extend to
purns ,aears and with fine which shall not be less than five thousand rupees, but which may extend to
seven
thirtv thousand rupees.
Attempt to commit 'sati' : ·

The act of attempt to commit Sati has been made punishable under this Act with imprisonment for a tenn
which may extend to six months or with fine or with both [S. 3].
If any person attempts to commit Sati, then whoever abets such attempt, either directly or indirectly, shall
be punishable with imprisonment for life and shall also be liable to fine (S. 4 (2)J.
Abetmeot of 'sati' :
rn case where a person commits Sati, then whoever abets the commission of such Sati, either directly or
indirectly, shall be punishable with death or imprisonment for life and shall also be liable for fine [S. 4
(l)J.
Gorification of 'sati' :
The Act also provides punishment for any act of glorification of Sati. Section 5 of the Act lays down
that,
'·\\~hoever does any act for the glorification of Sati shall be punishable with imprisonment for a tenn
which shall not be less than one year but which may extend to seven years and with fine which shall not
be less than five thousand rupees, but which may extend to thirty thousand rupees.
Explain the term 'Sati' _

Like 'self immolation' by a widow either on pyre of her deceased husband or separately - so ca lled
~us:om _presumed the act of glory or sacred act, etc. - Role of Raja Ram Mohan Roy - Bengal Snti
e?ulation Act, 1829 - Tamilnadu Regulation Act of 1830, etc. - Recent incidence in Deoralnl villaoe in
RaJasthan - atte 1 t · •f d . . ::._
, mp s o J ust1 y an various attempts to construct the Sat1 temple, etc. Pressure by various
wo~en s organizations, activist inside and outs ide the Parl iamcnt, etc. - To prevent this devil - IPC,
S
Hect1on 309. - Attem Pt to commit. su1e1
. .de, etc. - No detcrrcnt punishment
. wh .ich will
. set an example -
ence, requirement of special Legislation of 1987, etc.
II] !.he Commission of Dowry Prohibition Act, 1961
Write short notes on :

Law R elatin I to H'o men & Children. 62. A uthor Pro. Prakas h K. Mole"'·
a) Do,l\'r)'·
b) Dowry Death.
The ·Oowr~·· is a deep rooted in our soc iety. It started as customary presents with love and affection b
late r o n it becom e a social problem. ' Ut
In order to elim inate this evil practice, the Parliam ent of India enacted the dowry Prohibition Act l 96J
Punis hme nts :
Section 3 of the Act provides for the punishment with :
i) imprjsonment for a term which shall not be less than 5 years, and
ii) tine which sha ll not be less than Rs. 15000/-, or
iii) the amount of the value of such dowry, whichever is more.
Dowry: .
"Dowry" means, the payment in cash or kind or both to the bridegroom or bridegroom's guardians
bv the bride's parents. This custom can be traced to the traditional practice of givi~g Stri~han to th~
at the time of marriage. Thus, all that the bride receives from her parents and marnagc-g1fts become the
..S tridhana", her precious treasure of which, no one, in theory can deprive her. But in practice, it formsa
part of the dowry which her husband or in-Jaws may use or confiscate fo r their own purpose.
The Atharvaveda refers to a roya l bride bringing with her a dow1y of l 00 cows. Draupadi,
Subhadra and Uttara also brought with them rich presents of horses, elephants and jewels from the~
parents.
The presents given to the bride by way of ornaments, clothes a nd o ther articles and cash
constituted her Stridhan. This was given to the bride by way of love and affection, and a t the same time
constituted her a sort of financial security in adverse circumstances.
Dharmashasrras also laid down that a bridegroom has to be given some presents in cash or kind known as
Varadakshioa. According Dhannashastras, tbe perfonnance of Kany adan ceremony is accompanied by
Vardakshina i.e. property is presented· to the bridegroom. Such Vardaks hina was given vo luntarily and
honourably to the bridegroom and no compulsion was exercised in the matter.
In course of time, this became a grave problem when force and compulsion sta rted to be exercised
by the bridegroom's parents on bride's parents. They insisted to pay dowry more than the bride's paren1s
could afford. In course of time, dowry which was paid in j ewellery and clothes, changed into cash. .
. Now, dowry has become a means of recovering money spent on i) son's e duc ation a nd ii) 01
gen mg money and goods to elevate their own position. This may lead the family of the bride 's parents to
bankruptcy.
The epidcm~c of do~ry has become so wide-spread that economic pressures of boys have m_ade,
th cm unscrupulous m ex_ton_ing dowry. 1f the entire amount of dowry is not paid at t he time of weddu!g.
th t c<m.~~qucncc~ are - 1) either the marriage is broken, or ii) the daughter-in-law ( i. e. the bride) is ill·
rrtale;u, JJJ)or even brutally murdered fo r her parents' fai lure to pay the dowry. .
'.hus, c Y em of dowry has led lo the a bominable evil of bride -burning a nd atrociti es agauist
1h 5 5t
yCJung girb.
Jn t1nc:itnt 1nd ia, th c daughter then was no l en titled to a share in the J·oin t fami ly prop erties. 5(1:
h
t <:re; was c.:ustom · h· · t · . · o1
. · . per aps O give out of affcc.:t,o n some cash o r kind to the da ughter a t the time
:nc:1rnagtb·,l out of the jo!nt family property. The rig ht of the fathe r to g ive a small po11ion of even th(
1mmova t: prnpc:rty of the · · t ,: ·1 ·· \'j)S
rc:c:cJgnizc:d. Now under S . .Jom am, y u~ u gri t lo the daughter at the time of her mani age, \ of
tht ftmc1 lc Jlindu' i1, h ,bcc.: t,1on 14 of the /Jmdu Success ion Act, 1956, it is prov ided that, the propertYt)'
er a so ute properly Now . h ·1 roper .
Jfrncc. the very fund amcntt1 I of do . . ·. ' " ~om~n can ave a sha re in the joint fam1 Y_P . ~,.
wry <ts 111 the anc.:,cnl times do not apply in the present situations, 13
Law Relating to Women & Children . 63. A uthor - Prof. Prakash K. Moka/.
there has heen ever growing demand, both, at the time of marriage, and even thereafter, which has gravely
8
fleeted the status of\:vomen.
With a view to eradicating the social evil of dowry, the Dow1y Prohibition Act was passed in the
year 1929, which is made applicable not only to Hindus, but to Christians, Pars is, Jews and Muslims also.
Definition of Dowrv :
Section 2 of the Dowry Prohibition Act, 1961 defines "dowry" as follows -

"Dowry means. any property or valuable security given or agreed to be given either directly or indirectly:
by one party to a marriage to the other pai1y to the marriage: or
by the parents of either party to a marriage or bv any other person, to either pa1ty to the marriage or to any
other person.
at or before or any other time after the marriage in connection with the marriage of the said parties, but
does not include dower or mahr in the case of a persons to whom the Muslim Personal Law (Shariat)
applies".
Supreme Court expands the definition of dowry to include ~ny demand by hubby, in-laws to start
new business [17th Feb. 2011] -
Any demand for property or valuables, made by the husband or in-laws for starting a new business,
constitutes
"dowry". the Supreme Court has ruled. "If a demand for property or valuable security, directly or
indirectly, has a nexus with marriage, in our opinion, such demand would constitute ' demand for dowry';
the cause or reason for such demand being iminaterial'', Supreme Court said in a judgement.
A bench of Justices Aftab Alam and R. M. Lodha passed the judgement while dismissing an appeal by
Bachinj Devi and her son challenging the seven year's rigorous imprisonment to them in dowry death
case. The bench rejected the argument of the convicts who, citing a 2007 Supreme Court j udgement in the
Appasaheb v/s. State of Maharashtra case, claimed that a demand by husband or in-laws for starting a
business, does not constitute "dowry". The prosecution said Kanta hanged herself at her in-laws' house in
Kurukshetra in August, 1990, after being pestered to bring home a motorcycle to enable the husband carry
put his milk vending business. .
A Kurukshetra court sentenced them to seven years RI. The Punjab and Haryana high Cowt
affirmed the sentence. The convicts appealed to S.C. saying there was no evidence of a demand fo r
motorcycle and, in any case, such a demand for business purpose, does not qua! ify as a "demand for
dowry".
But the Supreme Court said, "The mere demand for dowry before marriage, at the time of
marriage or any time after the marriage is an offence".
~un~shment for Giving or Taking Dowry :

Section 3 of the Act lays down that -
~;;fa% pe~son, after. the comn:ien~em~nt of this Act, gives or. takes or abets to the giving or taking of
.thryfi, shall be purnshable with imprisonment fo r a term wh ich shall not be less than five years and
w1
whi hme which h II b . .
~ s a not e less than fifteen thousand rupees or the amount of the value ot such dowry,
,
c_ eveill..rrlore:
Provided that th C . . . .
sentence of" ' ~ ourt may, for adequate and special reasons lo be recorded m the Judgement, impose a
1
mpnsonment for a term less than five years.
(2) Nothing · .
m sub-section (I) shall apply to, or in relation lo :
-
Author Pro . Prakash K. Mokal
64.
Law Relatin to Women & Childre11.
. - t the bride (without any demand having been made i-
the tune of a mamage O
. ·
presents which are given a t d . ·
list maintamed m accord ance w 1·th th e ru\'"
·
that behalf): Provided that. such presents are entere m a t\
made under this Act: . . t the bride-groom (without any demand having bPA.
. h • t the time of a rnamage o . . d . ·'1
presents wh1c are given a b t e entered in a list maintamed m accor ance w1th ""
made in that behalf) :_ Provided th.~~~u~rt~::s;:a: :here such presents are made by or on behalf of""
ru~es made under this Act: Provi bride such pre; ents are of a customary nature and the value thereof is
bnde or an_y pehrso~ related dtototh:he fin~ncial status of the person by whom, or on whose behalf, Sl.lcb
not excessive avmg regar
presents are 0oiven".
b dh · cannot b e tak en t o h ave b arredbY the Acl 1
that traditional presents to the bnde
I
•
Thus it may e note ere , . 11 f cs: • . l
· b h·b·t d sm·ce such a practice is not only common, bas1ca y out o a 11ect1on, sometimes
and cannot e pro 1 1 e , . . .
customary or even ritual, but also, such practice finds mention mold scnptures.
Punishment for Demanding Dowry :

Section 4 of the Act lays down that - _ .. . \
"If any person demands, directly or indirectly, from the parents or ot~er relat1v_es ~r gu_ardian of a bnde ~ \
bridegroom, as the case may be, demands any dowry, he shall be pumshable with 1mpr~sonment fo_r a term
which shall not be less than six months, but which may extend to two years and with fine w hich ma~ I
extend to ten thousand rupees: l
Provided that, the Court mav for adequate and special reasons to be mentioned in the judgement, imposea
sentence of imprisonment for a term of less than six months".
Agreement Relating to Dowry Void:

Section 5 of the Act lays down that, any agreement relating to the giving or taking dowry shall b e void.
Down· to be for the Benefit of the Wife or her Heirs :

Section 6 of the Act deals with restoration of dowry.
If any person other than the bride has received the dowry, then that person should transfer the s ~
bride within three months of marriage if it was received before marriage; If it was received at the time of 1
marriage or after marriage, within three months of the receipt. If that person fail s to transfer then, he ~
she, as the case may be, shall be punishable with imprisonment for minimum period of six montfil ~
not more than two years. a~d shall also be liable to fine w hich may extend to ten thousand rupees. l
A person who demes a woman her dowry - property shall be guilty of the offence of cri01itl31
breach of trust under Section 406 of the lndian Penal Code, \ 860. I
In order to prevent dowry d th s · 3 . I11·, I
a<, fo\\ow<, _ ca s, ection 04-8 has been inserted in the Indian Penal Code. ·
I
Dowry Law may he Amended -

l.n the wake of g,rowing, complaints about lh . . . f. . . \
i~ ~\~dying, .tht possibility of making Sectiin~,~~:of ~1nt1-do:'ry laws by women, the Law Comrnissiotl \
re\auves of the husband. Currently th I·

!e pendenc~ of the Ciihc.
o the Indian Penal Code, a bailable offence for tlit
, e aw mandates that any accused w ill be arrested a nd ·ailed duri~!
I
. ccmsultat1on paper prepared b th . . . . J
feels that, " h is pleaded th·y e C~mm1ss1on seeking opinions from e bl~ I
regard to the husband' . ···,··: at the of fence under Section 498A h Id xperts and the general pl.I ·,h \
s re at1ons" B s ou be d b · ~Ill'
sharp divergence of views . ,, . ut as far as the husband is cone d ma e a1lable at least-..15 aI
· on 11 • eme ' th e paper notes that , "there
yw Relati11g to Wome11 & Children . 65. Author Prof. Prakash K. Mokal.
The move comes_ aft~r the Supreme Court directed the Union Govemment on two occasions to review
these Jaws following instances of false cases and abysmal conviction rate of 5%, suggesting that most of
the cases registered, were not genuine.
According to experts. the idea probably is to protect the in-laws of the women who fi le complaints under
this Section without any evidence of dowry harassment.
Under the Section. offenders, including the husband or his fam ily members are liable for imprisonment
without even an investigation. The offence is non-bailable, non-compoundable and cognizable on a
complaint made to the police o~~er by the victim ~wife) or by designated relatives. Furthermore, the
Section does not include any prov1s1on for a compromise.
The Law Commission is examining three aspects : whether it is feasible to a) categorise the offence as
bailable: b) allow the complainant to withdraw a complaint in case of a compromise with the court's
pennission: and c) should the police retain power to make arrests on their own.
The law Commission has sought opinion in this regard and bas put up a list of 14 questions to study what
people expect from this law, how to make it effective, and prevent its misuse.,[ 14/8/20 11].
S. 304-B "Dowry Death" :
s. 304-B (I} "Where the death of a woman is caused by anv burns or bodily injury or occurs otherwise
than under nonnal circumstances within seven years of her marriage, and it is shown that soon before her
death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in
connection with any demand for dow1y, such death shall be called "dowry death", and such husband or
relative shall be deemed to have caused her death".
Explanation - For the purposes of this sub-section, "dowry" shall have the same meaning as in Section 2
of the "Dowry Prohibition Act, 1961 ".
S. 304-B (2) : "Whoever commits dowry death, shall be punished with imprisonment for a term which
shall not be less than seven years, but which may extend to imprisonment for life".
TIii The Indian Penal Code, 1860.

Offence of Rape :
Rape is perhaps one of the most serious sexual offences, and is defined by Section 375 as:-
A man is said to commit 'rape' who has sexual intercourse with a woman -
a) against her will, or
b) without her consent, or
c) with her consent obtained by putting her in fea r of death or hurt, or with or without her consent when
she is under 16 years of age.
Punishment for Rape :

Secti~n 376 provides punishment for various categories of rape :-
l) Rigorous imprisonment for not less than IO years, and li fe imprisonment and fine for the following
persons-
Whoever being a police officer, a rublic servan t, takes advantage of his official position and
) . commits rape.
2
Simple imprisonment for not less than 7 years, and li fe imprisonment and fine in all other cases.
* Phul Sin h
g v/s. State of Haryana
66. Author - Pro. Prakash K.
Law Relatin to Women & Children.
«y· 1 tion with violence of the private pers
The Supreme Court described the offence of rap~ as t to: of Phul Singh from 4 years to 2 yearson t
woman". However, th e S upreme Court red uced t 1e sen ~~c ceden ts. ont
ground that he was not a habitual offender, and had no v 1c10us ante
* Gautama v/s. Subaru Chakr~bor~ . f Rs 1000/- to the victim of rape until her cl..
The Supreme Court awarded an mtenm compensation o , ''<
of rape was decided by the trial court.
Question: .
Discuss the need of prohibition of immoral traffic women, a nd also discuss 18
main provisions of the Immoral Traffic in Women Act, 1956.
Answer:
IV} The Immoral Traffic (prevention) Act 1956: ·
Sexual urge is a natural instinct in both, men, and wom en. Those w ho could not have a sex relati:r
with life partner, or an unmarried person, they attempt to get sex satisfaction by illegal means.
This has created a business of prostitution by the prostitute wom en . This has been in existence from~
ancient times.This system was in existence in India by the name of Devdasi, Matangi,etc. Some peo~
with vested interest, have turned this situation into trade and business and they ran broth el ho uses.
The reason for this imm oral traffic in women , is due to poverty, caste system, caste d iscrim inatio n, down
system, overpopulation, unemployment, illiteracy, moral degradation, lure of luxery, u naware of~
d iseases, etc. Because of all these reasons, there was need of prevention of immoral t raffic of women.
For a long time it has felt that immoral traffic is a great problem of our society Suggest· d. ,L~
G • io ns regar mg WP
problem have been made to ovemment by several voluntary organizations work· fi
suppress all forms of traffic in women and exploitation of women. mg or women, 10
Thus, the Immoral Traffic Act, 1956 came to be enacted which prohibited any k ind of. . ..
against women. imm oral act1v1h15
Important provisions of this Act are as fo llows -
Definition of 'brothel' under Section 2 (a):
" Brotel includes any house, room, conveyance or place or any prtion of
place which is used for the purposes of sexual exploitation or abuse a~y house, room, conveyance Ii
O
mutual gain of two or more prostitutes". r gain of another person or for thi
Definition of 'prostitutes' :
The 'prostitutes' is defined as - "The sexual exploitation or abus f
O
and the expression ' prostitutes' shall be construed accordingly" e Persons for cot'>->~e . l es
· «uu rc1a purpos ,
Defintioo of 'major person' :
Major person is defined as - "a person who has completed the age of
of I 8 years. means 16 Years but not
Definition of 'child' : comp leted the ag(
Chi ld means a person who has not completed the age of 16 years.
Definition of 'protective home' :
Protective home according to the Act an institution by what
established or licensed as such _under Section 21 ), in Which ~:;: nanie Ca lled .
protection, may be kept under thi s At:l, and where appropriate le ~ns, Who a
11
~being an inst"tutioll
1 nt1d
I·
other faci lities have been .p rovided, but docs not include c n1ca11y quat·rtie in need of
an d . I b k . .. . , iect care ""
( i) A shelter where undertna may c ept in pu1 su<1ncc or ll1is " Persons . Jll
· ,,ct; or , equ1 proe
\..........
f:_f!J!}ft-~la~
fi:. ;.11g"'-'-"to___
W_o_m_e_
n_&_C_l,_il_dr_e_
,,-'-._ _ _..__:6!!.7!..:.._ _ ___L!
A!.!!11fJ.!fl~10'!!.r'..=..!P~r~ol_f_[J.P':J.r"!!..ak~a~s:l!_
hJ_K r:_.JMi:!JorJJ.k~arJ:.L
(ii) A corrective institution.
ro,·isions arr brirfly discussed as under -

Ot:t~::J: Punishment for ~e~ping a brothel _or allowing premises lo be used as a brothel;
Se . 4 : Punishment for l1vmg on the earnings of prostitution;
Sect10n •d · k· c
• S: Procuring, 111 ucmg, ta mg person ior t11e sake of prostitution;
Sectio0 . . . . I • . . .
' • 6 . Deta1111ng a person m premises w 1ere prost1tut1011 1s earned on·
Section · . . . h . . . f bl " '
. 7. Prostitution 111 or m t e v1cm1ty o pu 1c place·
Section . 1· . . c h '
. 8. Seducing
Section · .
or so 1c1tmg ,or t er purposes of prostitutiow
. '
Section 9 : Seduction_of ~erson m c~sto?y; _ _
Section JOA: Detention m a corrective mshtut1on;
Section 1J : Notification of address ofpreviously convicted offenders;
Section 13 : Special Police Offi~er and Advisory Body;
Section 14: Offence to be cogmzable;
Section 15 : Search without warrant;
Section 16 :Rescue of persons;
Section 17: lntennidiate custody of persons removed under Section 15 or rescue under Section 16;
Section 18 : Closure of brothel and eviction of offenders from the premises;
Section 19: Application for being kept in protective home provided care and protection by Court;
Section 20 : Removal of prostitutes from any place;
Section 21 : Protective homes;
Section 22 : Trials.
Punishment:-
Section 3: Provides punishment for keeping brothel or allowing premises to be used as brothel
Section 4 : Provides punishment for living on the earnings of prostitution.
VJ The Pre-Natal Diagnostic Techique (Regulation & Prevention of Misuse) Act, 1994
"THE PRE-NATAL DIAGN OSTIC TECHNIQUES

(Reg ulation and Prevention ofMisuse) ACT, 1994"
Question:
Discuss the regulation of pre-natal diagnostic techniques under the Pre-natal
Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994.
OR
ExpJain the provisions of The Pr·e-Natal Diagnostic Technique (Regulation &
Prevention of Misuse) Act, J994.
OR
.Write a short note on :
Regulation of pre-natal diagnostic techniques.
Law Relating to Women & Children.
Answer:
68. Author - Prof. Prakash K. MokaL
-
PREAMBLE:
An A~t to provi_de for the regu~atio~ of the use of pre-natal diagnostic techniques for the purpose of
detecting . genet1c or . metab~hc d1sorders or chromos~mal abnormalities or certain congenital
malformations or sex-hoked disorders and for the prevention of the misuse of such techniques for th
pu1:Po~e of pre-natal sex determination leading to female foeticide; and, for matters connected therewit~
or 10c1dental thereto.
Female ~oeticide has _become rampant in the country. Despite the Pre-Natal Diagnostic Techniques
(Regulation & Prevention of Misuse) Act, l 994, the State Governments in the country are yet to take the
law seriously.
In the case of The Centre for Inquiry into Health and Allied Themes (CEHA T) & Others vis. Union of
India & Others, [(:ZOOJ) 5 SCC 577], the Supreme Court strongly reprimanded the State Governments in
the country for not doing enough to prevent the scourge of female foeticide. Even simple measures like
registration of ultrasound machines in the State have not been fully implemented.
The Supreme Court came down heavily on the State Governments for their poor initiative in this regard.
In one of the worst affected States in terms of adverse sex ratio, the Court even said that if offi cials fail to
impart their duty, they should be removed from their office.
The Act requires the State Governments to register all ultrasound machines and appoi nt appropriate
authorities at district and sub-district level to monitor the implementation of the Act, and set up advisory
boards of experts. For effective monitoring by the Central Government, States are also required to submit
quarterly reports of action taken by them.
The Act prohibits pre-natal sex determination in any form and use of ultrasonography for the purpose of
sex determination. It also prohibits advertising relating to sex determination of foetus. The person who
contravenes the provisions of the Act, is punishable with imprisonment of a term and fine is also
prescribed under the Act.
Pre-Natal D iagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 came into existence
w.e.f. 01 /01 /1996 which was amended in the year 2002 due to several drawbacks, the Act has been
renamed as "The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act, 2002".
The amended Act has been made effective w.e.f. 14/02/2004. The new Act will tighten the noose arouod
misuse. . . . . . d
The Maharashtra Regulation of Use of Pre-Natal Diagnostic Techniques (Regulation & Prvenetion °
Misuse) Act, I 994 is the first legislation in the country to regulate pre-natal diagnostic procedures and
techniques. The Central law has come into force from l51 of January, 1996. The Act does not aim to ball
the use of pre-natal d iagnostic techniques. It aims to regulate the use of pre-natal diagnostic techniques for
determining the sex of the foetus and at the same time, permitting a regulated use of such techniques for
the purpose of detection of specific genetic abnormalities. It is called as Pre-Natal Diagnostic TechioqueS
(Regulation & Prebention of Misuse) Act, 1994.
94
Section 4 of the Pre-natal Diagnostic Techniques (Regu lation and Prevention of Misuse) Act, t 9 •
provides for the regulation of pre-~atal d!agnostic techniques.
According to Section 4, any place mcludmg -
a) Registered Genetic Counseling Center, or
b) Registered Genetic La_b ~ratory, or
c) Registered Genetic C hn1c,. . .. .. .
shouJd not be used by any person lor conductmg any pre-natal d1c1gnost1c techniques.
_____)
Relating to Women & Children . 69. Author Prof. Prakash K. Mokal
!d!!f--
However, f~r. certain purposes pre-natal diagnostic techniques can be conducted after complying with
certain cond1t1ons.
Pre-natal diagnostic tech~i~ues are permitted under Section 4 (1) of the Act for the purpose of· any
of the following abnormahties of the foetus,
They are-
l) Tbe pre-natal di~g_nostic techniques can be conducted only for the purpose of detection of any of the
i0 Bowing aboormaht1es -
a) Abnormalities of the chromosomes.
a) Any genetic metaboli_c di_sease.
b) Any sex linked genetic disease.
c) Any congenital anomalies.
d) Any other abnormalities or disease that may be specified by the Central Supervisory Board.
Pre-natal diagnostic techniques are also permitted under Section 4 (2) of the Act, when a person
doing it is satisfied that the foUowing conditions of the pregnant woman are fulfilled.
2) Before conducting pre-natal diagnostic techniques following conditions should be fulfilled-
a) The age of the pregnant woman, should be above 35 years.
b) There must be two or more spontaneous abortions or foetal loss by the pregnant woman.
c) The pregnant woman must have been exposed to terratogenic agents, such as, drugs, radiations,
infection or hazardous chemi cals.
d) The pregnant woman have a famil y history of mental retardation.
e) The pregnant woman is having any physica l defonn ity, such as, spasticity or any other genetic
disease.
t) Any other condition, as may be specified by the Central Supervisory Board.
3) Any person who is, either a relative or the husband of the pregnant woman, shall not encourage the
pregnant woman to undergo the conduct of any pre-natal diagnostic techniques, except for the above-
mentioned purposes.
4) The pre-natal diagnostic procedures should not be conducted unless,
a) The all k.nown side-effects and after-effects of such procedures are explained to the pregnant
woman.
b) A written consent in the language, which the pregnant woman understands, is obtained.
c) A copy of written consent so obtained, must be given to pregnant woman.
5) When the pre-natal diagnostic procedures are conducted, the sex of the foetus should not be informed
either to the pregnant woman or her relatives.
6) The determination of the sex of foetus is prohibited, hence, any person, Genetic Counseling Centre,
genetic laboratory or genetic clinic, should not conduct any pre-natal diagnostic techniques for the
purpose of detem1ination of sex of the foetus.
These are the Regulations under the Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994.
CHAPTER-I
"PRELIMINARY"
(Sections 1 - 2)
S. 1 : Short title, extent and commencement

(1) This Act may be called, the Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994.
70. Author- Pro . Prakash K. Mokul.
La"' Rclari11 to Women & Cltildrm ·
f I d. exce t the Stale of Jam mu and Kashmir.
(2) It shall extend to the whole O n Jad, P h C tral Government may, by notification in the
(3) It shall come into force on such ate, as t e en
Official Gazette. appoint.
S. 2 : Definitions -
In this Act. unless the context otherwise requires, - . . . .
(a) ,.Appropriate Authority" means, Appropriate Autho_nty appointed u~der ~echon 17,
(b) "Board" means, the Central Supervisory Board constituted u~der Sect~on 7,
(c) "Genetic Counselling Centre" m_eans, an in_stitute, h~sp1tal, n~rsmg home or any place, by
whatever name called, which provides for genetic counsehng to patients;
(d) "Genetic Clinic" means, a clinic. institute. hospital, nursing home or any place. by whatever n~
called. which is used for conducting pre-natal diagnostic procedures;
(e) ..Genetic Laboratory" means, a laboratory and includes a place where facilities are provided for
conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test;
(f) "gynaecologist" means, a person who possesses a post-graduate qualification in gynaecology ~
obstetrics;
(g) "medical geneticist" means, a person who possesses a degree or diploma or certificate in medical
genetics in the field of pre-natal diagnostic techniques or has experience of not less than two yean
in such field after obtaining - .
i) any of the medical qualifications recognised under the Indian Medical Council Act, l 956; or
ii) a post-graduate degree in biological sciences;
(h) "paediatrician" means, a person who possesses a post-graduate qualification in paediatrics;
(i) '"pre-natal diagnostic procedures" means, all gynaecological or obstetrical or medic~
proc~~es,_ s~ch as, ultra-son_ography, foetoscopy, taking or removing samples of amniotic fluid.
cbono_mc ~,l!t, blood or a~y tissue of a pregnant woman for being sent to a Genetic· Laboratory or
Genetic Chmc for conductmg pre-natal diagnostic test·
G> "~re-na~I diagnostic techniques" includes all pr~-natal diagnostic procedures and pre-naul
d1agnost1c tests;
(k) :~;~:n~~a~-~~a;~os~ic test" ~ eans, ultra-sonography or any test or analysis of amniotk t1uiJ
disorders o~ ~hro~oos~~:~~~1ssue ~-f _a pregnant w~man cond~cted to detect genetic or mctaboli,
linked diseases; norma it1es or congenital anomalies or hacmoglobinopathics or sex·
(l) :pr~ribed" means prescribed by rules made under this Act·
(m) regt,tered medical practitioner" cans a ct· ;.
medical ualification as defined · 1, . me t~al ractilloncr who osscsscs an rcco )nis~~
1
and wl1osc name has been cnte dm·c ause
. S 1 ofSection2of
. tllC Intr1an Md.
c 1cal Council Act 19)'b•
(n) "reg lati ., re tn a late Mcd1cal Register·
u ons means, regulations framed by the Board under 'this Act.
S. 3 : Re ulation of G ll C (Section 3)
t ene c ounscllln, c, t
(~;m~:eGcom~encement of this Act - en res Genetic Laboratories and Genetic Clinics on 11114
enet1c Counselling Centre Ge .
Act, shall conduct o . , nct1c Laboratory or Gcneti. c1· . ..
techniques· r associate with, or help in conducting / .. m1c, unless registered under llt~i
, • ac iv1tics relating to pre-natal diagnos11i
~~J!!.!at~in~g....:t:.=.o~W,.;....;;.;om
___
en_&_C_h_il_d_re_n......._ _ _ _. .!.7. .!1..:. .---~A!.!!u!.!!th~o'!.!.r:.-=..P!:.r!!o!.1.f.:....:P~r~a~kl!as~h'.!.,!K=--.M!Y!..f!o~k~al.
( ) No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, shall employ or cause to be
2
employed any pers~~ who does not ~ossess ~e ~r~scribed qualifications;
(3) No medical genet1c1st, gynaecologist, pediatnc1an, registered medical practitioner or any other
person shall conduct o: cause _to be c~nducted or aid in conducting by hin~self or through any other
person, any pre-natal d1agnost1c techniques at a place other than a place registered under this Act.
CHAPTER - III
"REGULA TION OF PRE-NATAL DIAGNOSTIC TECHNIQUES"
(Sections 4 to 6)
s. 4 : Regulation of pre-natal diagnostic techniques -

On and from commencement of this Act, -
(I) No place including a registered Genetic Counselling Centre or Genetic Laborato1y or Genetic Clinic,
shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques
except for the purposes specified in clause (2) and after satisfying any of the conditions specified in
clause (3);
(2) No pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of
the following abnonnalities, namely: -
i) chromosomal abnormalities:
ii) genetic metabolic diseases;
iii) haemoglobinopathies;
iv) sex-linked genetic diseases;
v) congenital anamol ies;
vi) any other abnormalities or diseases, as may be specified by the Central Supervisory Board;
(3) No pre-natal diagnostic techniques shall be used or conducted, unless the person qualified to do so is
satisfied that any of the following conditions are fulfilled, namely: -
i) age of the pregnant woman is above 35 years;
ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal-loss;
iii) the pregnant woman had been exposed to potentially terratogenic agents, such as, drugs,
radiation, infection or chemicals;
iv) the pregnant woman has a family history of mental retardation, of physical deformities, such as,
spasticity or any other genetic disease;
v) any other condition as may be specified by the Central Supervisory Board;
(4) No person, being a relative or the husband of the pregnant woman, shall seek or encourage the
conduct of any pre-natal diagnostic techniques on her except for the purpose specified in clause (2).
S. 5 : Written consent of pregnant woman and prohibition of communicatine; the sex of foetus -
(1) No person referred to in clause (2) of S. 3, shall conduct pre-natal diagnostic procedures unless -
a) he has explained all known side-effects and after-effects of such procedures to the pregnant woman
concerned;
b) he has obtained in the prescribed fonn, her written consent to undergo such procedures in the
language which she understands·, and'
c) a copy of her written consent obtained under clause b) is given to the pregnant woman.
(2) No person conducting pre-natal diagnostic procedures, shall communicate to the pregnant woman
concerned or her relatives, the sex of the foetus by words, signs or in any other manner.
S. 6 : Determination of sex prohibited
On and from the commencement of this Act, -
Law Relating to Women & Children. 72. Author - Prof. Prakash K. MokQL
~
a) no Genetic Counselling Centre or Genetic Laboratory or Genetic C linic, shall conduct or cause
be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ult ~
sonography, for the purpose of determining the sex of a foetus; ra,
b) no person shall conduct or cause to be conducted any pre-natal diagnostic techniques includi
ultra-sonography for the purpose of determining the sex of a foetus. ~
VI] The Medical Termination of Pregnancy Act.

Question:
Objects of the Medical Termination of Pregn~ncy Act.
Answer:
The provisions regarding the termination of pregnancy in the Indian Penal Code wh.ich were enacted
about a century ago, were drawn up in keeping with the then British Law on the subject. Abortion wai
made a crime for the mother, as well as, the abortionist and could be punished except where it had to bi
induced in order to save the life of the mother.
It has been stated that this very strict law bas been observed in the breach in a very large number of casei
in all over the country. Furthermore, most of these mothers are married women, and are under no
particular necessity to conceal their pregnancy.
In recent years when health services have expanded and hospitals are availed of to the fullest extent by all
the classes of society, doctors have often been confronted with gravely ill or dying pregnant woman
whose pregnant uterus has been tampered with a view to causing an abortion, and consequently, suffered
very severely. This is thus, avoidable wastage of the mother's health, strength, and sometimes, life.
The present Act provides the measures to liberalise certain existing provisions relating to termination of
pregnancy which have been conceived to be -
1) As a health measure - when there is a danger to the life or risk to physical or mental health of the
woman;
2) On humanitarian grounds - such as, when pregnancy arises from a sex crime like rape or intercoUf!,i
with a lunatic woman, etc., and
3) Eugenic grounds - where there is substantial risk that the child, if born, would suffer from deformiti~
and diseases.
VII] Protection of Women in the work place :

Question:
Sexual harassment of women at workplace -
Answer:
Appropriate measures to eliminate discrimination against women in the fie ld of employment in order ~,
ensure on a basis of equality of men and women, the same rights, in particular:
a) The right to work as an inalienable right of all human beings; . f~
b) The right to the same employment opportuni ties, inc luding the application of the same critena
selection in matters of employments;
R ie~la~tl!.!:
.n::.!>g-=t~o..:.Wi
.;...;o
""'m
......... C_h_il_d.....
en_&___ re__n__•_____ _.....1!:.!:3!'. !. ._ _ ____.,A~u!!!t!:!!h~o'!...r.=:2P..!.r~
o'l.:.
f..2P..!.r~a~k~as?.!h!...:K~.M!.!'!!:o~k:!!
a~l
~
c) The right to free c?~ice of profe~sion and emp_loyment, the right to promotion, job security and all
benefits and con_d1t1o~s of service and _the ng~t _to receive vocational training and re-training,
. luding apprenticeships, advanced vocahonal trammg and recurrent training;
me · me
d) The right to equal rem~nerat10n, · lu ct·_mg benefiits, ~nd to equal treatment in respect of work of equal
value, as well as, equaht~ of tre~tment 1~ the evaluatto:n of the quality of work;
e) The right to social secunty, particularly rn cases of retuement, unemployment, sickness, invalidity and
old age and other in~apacity to work, ~swell as, the ~ght to ~aid leav_ei . .
t) The right to protection of h~alth and ngbt to safety m workmg cond1t1ons, mcludmg the safeguarding
of the function of reproduct10n.
Sexual Harassment -
Sexual harassment of women at workplace is one of the evils in modem society, the sexual harassment
caused to the women, particularly the working women by their male counterparts and other members of
the society.
Even the women in most modern countries like America, are not fre from this evil. President Clinton was
sued for sexual harassment by a woman who was employed by the State of Arkansas, while he was
Governor of that State.
In spite of many measures taken to eliminate the discrimination of women in the work place, the sexual
harassment is growing rapid ly now a days.
There is no law in India which is adequate to combat the evil of the sexual harassment at workplace.
There must be proper prevention of sexual haras:-.rnent of working women. In a Public lnterest Litigation
filed before the Supreme Court recently. the Court has emphasi zed the need of an effective legislation in
India to curb sexual harassment of working women.
In the case of Vishaka v/s. State of rajasthan , A JR 1997 SC 30 11 , a Division Bench of the Supreme Court
speaking through the Chief Justice, laid down number of guidelines to remedy the legislative vaccum.
The Supreme Court has defined having regard to the definition of 'women rights' in Section 2 (d) of the
Protection of Human Rights Act, l 993 , ' sexual harassment' as - including any unwelcome sexually
dete1mined behavior (whether directly or by implication) like physical contact and advances, a demand or
request fonexual favours , sexually coloured remarks, showing pornography and any other unwelcomed
physical, verbal or non-verbal conduct of sexual nature.
In the instant case, the Supreme Court referred to the Convention on Elimination of All Forms of
Discrimination Against Women (CEDA W) and also the resultant violation of gender equality under
Article 14 and 15 and right to the personal liberty of women under Article 21 of the Constitution of India.
As a result of this Judgement, any woman employee who is subjected to sexual harassment of any kind,
can take recourse to initiating criminal proceedings, disciplinary action and also seek compensation from
the guilty employer and other persons responsible for her harassment.
* Vishaka v/s State of Rajasthan (AIR 1997, SC 301 1) laid down exhaustive guidelines to
prevent this harassment.
Held :-
~ this case, the Court held that, it is the duty of employer to prevent the sexual harassment w ithin his
premises.
. A writ was fi led by V ishaka, the NGO, working for ' gender equality'. It was filed by way of public
mterest litigation (PlL) seeking enforcement of fundamental rights of working women under Articles
14,19 and 21 of the Indian Constitution.
The Supreme Court has demonstrated great judicial activism while coming to the rescue of the working
women even at the cost of resorting to judicial activism under Article 141 of the Constitution of India.
{LJ]at_!!u~•BR~e']JIa:!_!t'lli,~,g ~to[LlJf~'OQ!nt~e!!_n~&~·JC:::1/~11~·1d~r~e~u~.:..._---___!7c..::4!.!. _ _ _ _...,!A.:_l:lt!:.!.,l.:..:.u,~r_---=-P--=-r..::. • .:..:
o""'f.'---'P~ra"""k"""'a=s=h;;.....;;.;K:.:... M~ oli9J:.
It is g ratify ing to note that the broad gui_dclincs laid ?own in Vishak? wer~ a pplied ~y the Bom~ay_ Iii~
Court in l 998. ln the Mrs. Shehnaz Sanr case, the High Court speakrng th, oug ~ Just1c~ B.N _Shn k~ishna,
directed th e employer of Mrs. Shebnaz Sani, who worked as a g r:ound l~ostess m Saud i Arabian A1rlinC1
at Bombav. tn reinstate her with ful l backwages for 13 years du n ng which s he rendered une_mployed d!Jt
t<' the "~mrfol tem,ination of her services by her boss. The first ever Judgement o~ a Hr gh Court 0,
sexua 1 haras;ment at workplace. has set a new trend in the protection of the hum an rights to dignity~
w0rking women in India.
, ·1n1 The. l\1aternity Benefit Act, 1961 :

Question:
Discuss fully the provisions of the Maternity Benefit Act, 1961.
OR
Di.scuss the right to payment of maternity benefit under the Maternity Benefit Ac~
1961.
Answer:
An Act to regulate the employment of women in certain establishments for certain periods before anii
after c hild b irth , and to provide for maternity benefit and certain other benefits. In order to prevea
discrimination against women on the grounds of marriage or maternity, and to ensure their effective righ
to work, the State shall take appropriate measures:
a) To introduce maternity leave with pay or w ith comparable social benefits without loss of fonw
employment, seniority or social allowances;
b) To provide special protection to women during pregnancy in types of work proved to be harmful m
them.
c) Payment of maternity benefit in case of death of a woman.
d ) Payment of medical bonus, leave for miscarriage, nursing, etc.
Punishment : Provided by this Act is -

iJ Imprisonment for 3 months, but which may extend to 1 year, and
u) With fine not less than Rs. I 000/-, but wh ich may extend to Rs. 5000/-.
Section 5 of the Matern ity Benefit Act, 196 1 provides right to payment of maternity bene fit - whili
confers the right of maternity benfit on a woman en titled to it. It a lso cas ts a corresponding duty on h~
employer. According to it -
Every woman shall_be enti tled to, and her employer shall be liable fo r payme nt of maternity ben~tit actht
rate o f a verage daily wage for the peri od or her ac tual a bsence, that is to say thepc riod imn11::diat,,t,
fol low ing that day . '
Here, the c1 verage dai ly wage meani, the average or the woman's wages payabk to her for th~ dnys1,11
wh!ch !>ht h&.1, worked d~ring the period of' three ea lendar months immediately preceding the dat~ frtll1'
wl~1~h she: abi,entb hen,elf on account of mate rnity, tl1c minim um rnles or wages lixed or revised undt:rtl'I
Minim um Wage1, Act, J 94is or ten rupect-., whit:ht::vcr is hig hest.
But a wvrmrn 1,haJJ not be ent itled lo ~nattrni ty h~ncli t unl ess site has actually wnrk,xl in au estlbli:;l_1n1;
of Lhc: empl oyer from w ho111 1,he; cla1111s maten11ty bc11c li t, for a period i>f nol less than 80 days 111
tw~J vc: ~onth~_irnmcdrntcl_ y pre~c;din g_tile d~te o l' he r expected dcl i very . .i
Thi!> p en od vJ ~(J d1:ty1, will bt 111c;lw,1vc oJ the days for wlt it:11 s li1.: has hee 11 laid-o ff m was tHl hohtl ·
wi1h wagei, during lhc: p eriud of tv.rtl ve 11HJ11tl11., inuJl(,; diately prcct..:di 11g the dale or her expected tkliVll11
Law Relating to Women & Children . 75. Author Prof. Prakash K. Mokal.
However, the qualifying period of 80 days a~oresaid, sh~II not apply to a woman who has immigrated into
the State of Assam, and was pregnant at the time of the immigration.
The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of
which not more than 6 weeks shall precede the date of her expected delivery. But where a woman dies
during this period, the maternity benefit shall be paya~le only for the days upto and including the day of
her death :
Death of mother and child -
Where a woman, having been delivered a child, dies during her delivery or during the period immediately
following the date of her delivery for which she is entitled for maternity benefit for that entire period, but
if the child also dies during the said period, then, for the days upto and including the date of the death of
the child.
Section 6 of the Maternity Benefit Act, 196 1 provides -
( 1) Any woman employed in an establishment, and entitled to maternity benefit under the provisions of
this Act, may give notice in writing in such form as may be prescribed, to her employer, stating that
her maternity benefit and any other amount to which she may nominate in the notice, and that she
receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent
from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman has not given the notice when she was pregnant, may give such notice as soon as
possible after the delivery.
(4) On receipt of the notice, the employer shall pennit such woman to absent herself from the
establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery, shall be
paid in advance by the employer to the woman on production of such proof as may be prescribed that
the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer
to the woman withjn 48 hours of production of such proof as may be prescribed that the woman has
delivered a child.
(6) The failure to give notice under this Section, shall not disentitle a woman to maternity benefit or any
other amount under this Act. The inspector may. either of his own motion or on an application made
to him by the woman, order the payment of such benefit or amount within such period as may be
specified in the order.
Prohibition of dismissal during absence of pregnancy :
Section 12 of the Maternity Benefit Act, 1961 provides that -
(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be
unlawful for her employer to discharge or dismiss her during or on account of such absence or to give
notice of discharge or dismissal on such day that the notice will expire during such absence, or to vary
to her disadvantage any of the conditions of her service.
(2) The discharge or dismissal of a woman at any time duringher pregnancy, if the woman but for such
discharge or dismissal, would have been entitled to maternity benefit or medical bonus referred to in
Section 8, shall not have the effect of depriving her of the maternity benefi t or medical bonus,
provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order
in writing communicated to the woman, deprive her of the maternity benefit or medical bonus, or
both. However, in these cases, she may be prescribed against the order of deprivation of maternity
benefit or medical bonus within 60 days from the date of communication of such order to her, ~nd the_
decision of the authority on such appeal, whether the woman shou ld or should not be depnved ot
Law Relating tn H'nmc11 & Cl,i/dre11. 76. Author - Prof. Prakash K. Mokal
----.;:.
maternity benefit or medical bonus, or both, shall be final. However, the provisions of Section 1212
s hall not affect the provisions of Section 12 ( 1) of the Act. l
lXJ Indecent Representation of Women (Prohibition) Act, 1986 :

This Act prohibits indecent representation of women through advertisement or in publication, or •.
writing. paintings, figures or in any other manners and for the matters connected therewith. 1.i
Punishments :
First conviction - Imprisonment up to 2 years and find up to Rs 2000/-; .
Second and subsequent conviction - With imprisonment for a term not less than 6 months, but whi(l
may extend to 5 years, or a fine not less than Rs 10,000/-, but which may extend to Rs 1,00,000/-
XJ The National Commission for Women Act, 1990:

An act to constitute a National Commission for women and to provide for matters connected therewith, cr
incidental thereto, was enacted by the Parliament in the forty- first year of the Republic of India. Tit
Central Government shall constitute a body to be known as "National Commission for Women" t
exercise the powers conferred on, and to perform the functions assigned to it under this Act.
Human Rights of Women :

i) Human rights and fundamental freedoms are the birth right of all human beings; their protection ari.'.
promotion is the first responsibility of Governments.
ii) Governments must not only refrain from violating the human rights of all wo~en, but must won
actively to promote and protect these rights. Recognition of the importance of the human rights i
women, is reflected in the fact that three quarters of the State Members of the United Nations haw
become parties to the Convention on the Elimination of all Forms of Discrimination against women.
ill) The World Conference on Human Rights, reaffirmed clearly that the human rights of womet1
throughout the life cycle, are an inalienable, integral and indivisible part of universal human rights.
Conclusion : -
The term " violence against women" means, any act of gender-based violence that results~
is likely 10 result in physical, sexual or psychological harm or suffering to womeri. including th~
such acts, coercion or arbitrary deprivation of liberty either occurring in public or in private life~
have led to domination over and discrimination against women by men, and to the prevention o f ~
advancement of women.
Some groups of women, belonging to minority groups, indigenous women, refugee women, niig~JJil
women. women living in rural or remote communities, destitute women in institutions or in dctenlll'°•
female children, etc. arc especially vulnerable to violence. Affirming that violence agai nst won~
co?stitutes a violation_of the rights and fundamental r:r~edoms of w?men and impai_rs or nullifi~s ,11
enJoyment of those nghts and freedoms, many prov1s1ons or Sections arc made in IPC rdaung. ~ ~
~
i
offences related to women by which they are respected and protected. For example :- Offences rclatlll.
marriage, Criminal elopement of a woman, etc. Section 125 of Cr. P.C - maintenance to wifo, etc. . if
J~ s~o~, CED~ W establishes ~omen's Right to Non-Disc rimination on the basis of sex. and ufl:~~
equality m mt.emat1onal law. It provides that, women and men arc entitled to the equal enjoyment, tni
rights and fundamental freedoms in civil, cultured, economic, politil:al and social fields.
Law Relating to Women & Children . 77. Author- Prof. Prakash K. Mokal
Question: . Discuss fully the provisions of the National Commission for Women.
Answer:
"The National Commission For Women Act, 1990"

[No. 20 of 1990]
An Act to consolidate a National Commission.for Women and to provide.for matters connected therewith
or incidental thereto.
Be it enacted by Parliament in the Forty-first Year of the Republic oflndia as follows: -
CHAPTER :I
PRELIMINARY
(Sections 1 - 2)
1. Short title, extent and commencement - 1) This Act may be called the National Commission For
Women Act, 1990. 2) It extends to the whole of India except the State of Jammu and Kashmir. 3) It
shall come into force on such date as the Central Government may by notification in the Official
Gazette, appoint.
2. Definitions - hi th is Act, unless the context otherwise requires -

a) 'Commission' means, the National Commission for Women constituted under Section 3.
b) 'Member' means, a member of the Commission and includes the Member-Secretary.
c) 'Prescribed' means, prescribed by rules made under this Act.
CHAPTER :II
THE NATIONAL COMMISSION FOR WOMEN
(Se-ction 3 - 9)
3. Constitution of the National Commission for Women
l) The Central Government shall constitute a body be know as the National Commission for Women
to exercise the powers conferred on, and to perform the function assigned to, it under this Act.
2) The Commission shall consist of -
a) a Chairperson committed to the cause of women, to be nominated by the Central Government;
b) five Members to be nominated by the Central Government from amongst persons of abi lity
integrity and standing who have had experience in law or legislation, trade unionism, management of
an industry or Organisation committed to increasing the employment potential of women, women's
voluntary organisations (including women activists) administration, economic development, health,
education or social welfare: Provided that at least one Member each shall be from amongst persons
belonging to the Scheduled Castes and Scheduled Tribes respectively;
c) a Member-Secretary to be nominated by the Central Government, who shall be -
i) an expert in the field of management, organisational structure or sociological movement, or
ii) An officer who is a member of a civi l service of the Union or of an all-India service or holds a civil
post under the Union with appropriate experience.
78. Author - Pro . Prakash K. Mo~
Law Relatin to Women & Children .
. ·ons ~f service of Chairperson and Members -
4. Term of of~ce and cootliti M b shall hold office for such period not exceeding three Ye
1) The Chairperson and every em er . ars~
.fi db the Cent Government this behalf. .
may be spe~t ie y M b ( ther than the Member-Secretary who ts a member of a civil sen.:
2) The Cbauperson or a em er O d h U · ) b · •1cc
in the Union of an all-lndia service or holds a civil post un er _t e mon may. y writing a~
ent resign from the office of Chairperson or. as the case maybe f
addressed to the Centra1Governm , . ,o
the Member at any time. .
J) The Central Government shall remove a person from the office of Chairperson or a Mein~
referred in sub-section (2) if that person -
a) becomes an undischarged insolvent: _ . __
b) gets convicted and sentenced to imprisonment for an offence \Yh1ch Ill the opm1on of the Central
Government involves moral turpitude;
c) becomes of unsound mind and stands so declared by a competent court:
d) refuses to act or becomes incapable of acting:
e) is, without obtaining leave of absence from the Commission. absent from three consecutive
meetings of the Commission; or
f) in the opinion of the Central Government. has so abused the position of Chairperson or Member ato
render that person's continuance in office detrimental to the public interest Provided that no person
shall be removed under this clause until that person has been given a reasonable opporhmity of being
heard in the matter.
4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
5) The salaries and allowances payable to, and the otber tenns and conditions of service of, the
Chairperson and Members shall be such as may be prescribed.
5. Officers and other employees of the Commission -

l) The Central Government shall provide the Commission with such officers and employees as may
be necessary for the efficient perfonnance of the function of the function of the Commission under
this Act.
2) The salaries and allowances payable to, and the other terms and conditions of service of the officer
and other employees appointed for the purpose of the Commission shal_l be such as may be prescribed.
6. Salaries and allowances to be paid out of grants -

!he s~laries a~d allowances payable t~ the Chairperson Members and tbe administrative expenses
mcl~dmg salanes, al!owances and pensions payable the officers and other employees referred to in
section 5, shall be paid out of the grants referred to the sub-section (I) of section 5.
7. Vacancies, etc., not to invalidate proceedings of the Commission _

No act or proceeding of the Commission shall be questioned or shall be invalid on the gr d ely
·
of the existence of any vacancy or defiect ·m the constitut1
. .on of the Commission. oun mer
8. Com mittees of the Commission -

t) The Commissioner may appoint ~u~h commi~ees as _may be necessary dealing with sucb special
issues as may be taken up the Comm1ss1on from time to time.
2) The Commission shall have the power to co-opt as members of any committee appointed under
sub-section such number of persons, who are not Members of the Commission, as it may think fit and
the persons so co-opt shall have the right to attend the meetings of the committee and take part in its
proceedings but shall not have the to vote.
bf!»' Relating to Women & Cltildre11. 79. A11tlwr Prof. Prakash K. Mokal.
J) The persons so co-opted shall be entitled to receive such allowances fo r attending the meetings of
the com as may be prescribed.
9. Procedure to be regulated by the Commission -

1) The Commission or a committee thereof shall meet as and when necessary and shall meet at such
time and place as the Chairperson may think fit.
2) The Commission shall regulate its own procedure and the procedure of the Committees thereof.
3) All orders and decisions of the Commission shall be authorised by the Member-Secretary or any
other officer of the Commission duly authorised by the Member-Secretary in this behalf.
CHAPTER : III
FUNCTIONS OF THE COMMISSION

(Section 10)
IO. Functions of the Commission -

I) The Commission shall perform all or any of the following functions. namely, -
a) investigate and examine all matters relating to the safeguards provided for women under the
Constitution and other laws;
b) present to the Central Government, annually and at such other times as the Commission may deed
fit, reports upon the working of those safeguards;
c) make in such reports, recmmnendations for the effective implementation of those safeguards for
improving the conditions of women by the Union or any State;
d) review, from time to time, the existing provisions of the Constitution and other laws affecting
women and recommend amendments thereto so as to suggest remedial legislative measures to meet
any lacunae, inadequacies or shortcomings in such legislations;
e) take up the cases of violation of the provisions of the constitution and of other laws relating to
women with the appropriate authorities;
t) look into complaints and take suo moto notice of matters relating to -
(i) deprivation of women's rights;
(ii) non-implementation of laws enacted to provide protection to women and also to achieve the
objective of equality and development;
(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and
ensuring welfare and providing relief to women, and take up the issues arising out of such matters
with appropriate authorities;
g) call for special studies or investigations into specific problems or situations arising out of
discrimination and atrocities against women and identify the constraints so as to recommend strategies
for their removal;
h) undertake promotional and educational research so as to suggest ways of ensuring due
representation of women in all-spheres and identify factors responsible for impending their
advancement, such as, lack of access to housing an d basic services, inadequate support services and
technologies for reducing drudgery and occupational health hazards and for increasing their
productivity;
i) participate and advise on the planning process of socioeconomic deve lop ment of women;
j) evaluate the process of the development or women;
k) inspect or cause to be inspected a jai.l, remand home, women's institution or other place of custody
where women are kept as prisoners or otherwise and take up with the concerned authorities for
remedial action, if found necessary;
Author Pro . Prakash K. MokaJ.
law Re/ati11 to Wome11 & Children. 80.
I) fund litigation involving issues affecting a large body of women; . . en and in parti
m) make periodical reports to the Government on any matter pertammg to worn cu1ar
various difficulties under which women tail;
n) any other matter which may be referred to it by Central Government.
2) The Central Government shall cause all the reports referred to in clause. b ~ of Sub-se~tion 1, to be
laid before each House of Parliament along with a memorandum explammg the action taken or
proposed to be taken on the recommendations relating to the Union and the reasons for the non.
acceptance, if any, of any of such recommendations.
3) Where any such report or any part thereof relates to any matter with which any State Government is
concern the Commission shall forward a copy of such report or part to such State Government who
shall cause it to be laid before the Legislature of the State along with a memorandum explaining the
action taken or proposed to be taken the recommendations relating to the State and the reasons for the
non-acceptance, if any, of any of such recommendations.
4) The Commission shall, while investigating any matter refe1Ted to in clause (a) or sub-clause (i) of
clause sub-section 1), have all the powers of a Civil Court trying a suit and, in particular in respect of
the following matter namely,
a) summoning and enforcing the attendance of any person from any part of India and examining him
on oath;
b) requiring the discovery and production of any document;
c) receiving evidence on affidavits;
ct) requisitioning any public record or copy thereof from any court or office;
c) issuing commissions fo r the examination of witnesses and documents; and,
f) any other matter which may be prescribed.
Law Relating to Women & Children. 81. Author- Prof. Prakash K. Mokal.
Law relating to minors and women under the Indian Contract Act, 1872 :
Who is a Minor ? :
Minor is a person who has not attained the age of majority. ln other words, minor is a person who has not
completed 18 years of his or her age, except -
1) when the guardian of a minor's property or person, is appointed by the Court or,
2) when the minor's property is taken over by the Court of Wards for management. In both these cases,
the age of majority is 21 years.
"AGREEMENT BY MINORS" :
Law relating to an agreement by a minor
(some important points) :
i) An a2reement by minor is void :
Under Section l l, a minor is not competent to contract, because, the minor has no capacity to enter into
contract. Therefore, a contract by or with minor is, void ab-initio.
Leading Case Law :
Mohari Bibee vis. Dharmodas Ghosh-
In this case, the Privy Council made a categorical declaration that, a minor's agreement under Indian Law
is absolutely void, and the minor cannot ratify the contract on attaining the age of majo_rity.
Facts of the case :
The minor in this case, had executed a mortgage of his immovable property for the amount of Rs.20,000/-
.Out of this amount the mortgagee had paid the minor only Rs.8000/-. The minor con~equently, filed a
suit to recover remaining Rs.12,000/-. The mortgagee refused to pay and demanded a 1c.;Jnd of the
amount of Rs.8000/- paid by him to the minor.
It was held by Privy Council that, the minor's contract was absolutely void, and therefore, the question of
the refund of amount of mortgage money, did not arise.
ii) A minor can become a promisee or a beneficiary :

A minor cannot bind himself by a contract, but he can make the other party to contract to be bound to him
under the contract. A minor can become a promisee or a payee or endorsee of a negotiable instrument or
transferee of the property, provided that, the contract imposes no obligation on him. That is to say, he can
derive a benefit under a contract, but no obligation can be enforced against him.
A promissory note executed in favour of a minor, is enforceable.
iii) A minor's contract cannot be ratified :

A minor's contract is void ab initio i.e. void from the beginning, and therefore, it cannot be ratified by
the minor on attaining the age of majority. An agreement which was void ab initio, cannot be validated by
subsequent ratification.
iv) A minor is not liable personally for necessaries :

If minor is supplied with the necessaries suited to his condition in life, by any one who is legally bound
to support, in such case, the minor is not personally liable for the supply of necessaries, but the minor's
pr?perty is liable fo r necessaries. That means, the person who supplies such necessaries, is entitled to be
reimbursed from the property of such minor.
Law Relatiflg to Wome11 & Cltildre11. 82. Author - Prof: l'ralcas l, K. Mokul.
v) Liability of a minor in tort:

An infant or a minor can be held liable in to rt for the damages. as he has committed a wrong independent
of contract.
Burnard l1/.\". Haggis. 1873 England Reporter, p. 360 : . . .
A. an infant. hired a horse from 8. expressly for riding and not for jumping o r misusing _it._A !ent the
hOI"$t' to his fiiend who jumped it a lot for a long distance, and made it tired to the ex tent of k111mg it.
In this case. it " ·as rightly held that. there was a tort wholly independent of contract, and hence, A
is liabk for dama!!es caused to B for the death of his horse.
The gene~I principle is that, if a tort is directly connected witJ1 the contract and is a part of the
same transaction. the minor is not liable in tort. But in the above case, the tort is independent of contract
Hence. minor is he ld liable in the above case.
, ·i) There can be no estoppel against a minor :

The rule of esroppe/ means, if a person by words spoken or written or by contract, induces another
person to belie,·e. that certain state of thing is in existence, afterwards he wi11 be estopped (prevented)
from den~ing the existence of that thing. However, this rule of estoppel is not applicable to minor. If a
minor false ly represents or misrepresents himself to be a major, and thereby induces another person to
enter into a contract v,1ith him. he can always plead minority as a defence.
Therefore. the settled law on this point is that, a contract by a minor is absolutely void ("void ab
initio ., i.e. rotally void or void from the beginning). Even if a minor induces a person to lend him a loan by
false ly representing that he has attained the age of majority, the minor can still set up the plea of minority,
as a de-fence. In such a case, a minor cannot be held liable either for breach of contract or for tort. The
go?d reason of the law is, the injured party should not be allowed to sue the wronged party for enforcing a
\'01d contract.
The following Case is an illustration of the abovesaid point:
lesli.e ,,/ s. Sheil/ (1914) :
This case_relates ~ the liability of a minor for his false fraudulent misrepresentation as to his age. In this
case:~a rmnor She11l bo_rrowed 400 Pounds fro~ ~eslie, a money lender, by fraudulent} re resentino that
he v. as of the full age 1.e. he w~ of age of maJonty. It was held that, Leslie, a money le:der could nor
r~\~r 4?0 Pounds from the mmor, as the contract between them was void ab · •,· yd · ' 1 d
his minonry as a defence, or in o ther words, he cannot be estopped from pie d . tm '~• a~ mmor c~n p ea
.. a mg mmonty as a deienc~.
vu) There can be no s ecific erformance of m,·no ,
A · ·
mrnor is not competent to enter into contract. In orhe d
r s contract •
. •
therefore. the contract by minor is. void from th b . r ~or s, the minor has no capacity to contract, and
Tb ere1ore,
' ·
neither the minor. nor rhc other part eI cgmnmg
. . Thar is,
· · I·1 cannot be specifically perfon11c"tI.
a Y o contract can a ' k r . . ,.
greement. • s ,or specific performance o f a 111 1110P
viii) A minor can be admitted to benetit .

A mfoor cannot enter into a c.;onrrnc:r of . s _ot Partncrshj :
however he can bt &dm1·1 d · pannerl)hip, cJncJ tcJn1wt b . . . . · ,,
· h' . r..e LcJ the btnc:fi11, or 1h,~ . . ccomc a partner in tht: p·1rt11ersl11p trn ·
enJoy t e profits. of rhe fi b h . ' "J)c1rtncrsh1p will1 th. ( . -.111
rm, ut <: will not be held J"· bl . 1. c consl!ut of all the parr11t:rs. lh l
· ) .
ix A mrnor can be a • · ·es• O1· II1c lirm.
'" c or the loss~ -
A • OJnted as ~n .
min~r c~n become M agen1. A mi . . ~ 'Cnt : .
of the pnnc1pa/. f3ut, !;uch a minor . , _no~ as <1n ugcnr, can bind the . .. . . b1.:1t:1II
c1genr JS not personuJJ ,-. bl. pnncip.il by act dune by h11n 0 11
y '" c or responsible.
Law Relating to Women & Childre11. 83. Author- Prof. Prakash K. Mokal.
x) A minor can bold property :

A minor has a right to hold property, and can have an interest in the property. Therefore, a trans fer of
property or mortgage made in favour of a minor is valid.
Pardanishin Woman :
A pardanishin woman is one, who by the custom of the country or by the usages of particular community,
does not appear in public and observes the custom of parda. That ·m eans, a complete seclusion from
contact with people outside her own family. But a woman cannot be regarded as a "Pardanishin Woman" .
if she is not known to live in complete seclusion, if she has business or other dealings with outsiders or
she can give evidence in the court of law.
Special Protection to the Prdanishin woman:
The law extends a special protection on "Pardanishin Woman" for the reason that, they are easily
exposed to, or they are easily susceptible to undue influence. The courts are required to be satisfied by the
party entering into contract with "Pardanishin woman" that, i) the terms of contract or conditions were
explained to her, and such terms and conditions were understood by her; ii) that she had full knowledge of
the nature, effect and extent of transaction; iii) she had independent and free legal advice in the matter; iY)
the bargain must be fair.
If the court is not satisfied about the four requirements stated above, the court will set aside the bargain on
the ground of undue influence.
84. Author - Pro . Prakash K. MokQL
Law Relatin to Women & Children ·
. . l ti' to Children and Women under the I.P.C., 1860 .
Cnm1nal Law re a ng --......::...:,
Acts of children (Infancy as a defence) - . immaturity".
Sections 82 and 83 deal with cases of "non-menlallty due to
S•82·• Act of a child under seven. years of age:h ·1d d n vears o a

..
"Noth in is an o ence which is done b a c I un er se~e . . • .
e .
Children of tender age must be protected from penal b~b1hty of the1_r acts. Tender age is a nal1irat
disability of distinguishing between good and_ev_il. There is a p~esumptton und~r the \aw that, they are
..doli incapax", meaning incapable of distinguishing good and evil. Therefore, children under seven Yean
· of age. cannot be held guilty. . .
Co ke and Hawkins observed: "Infancy is the defect of understandmg, and mfants under the ag
. . . . h II cor
discretion ought not to be punished by any cnmmal prosecutlon w atsoe~er . .
S.82 provides an absolute immunity from criminal liability. T~erefo_re, 1_f the accus~d is proved to be 11-t
child under seven years of age, then by the proof of that fact itself 1.e. ipso facto, it can be an answer lo
the prosecution.
S.83: Act of a child above 7 and under 12 of immature understanding:

''Nothing is an offence, which is done by a child above seven years o( age and under twelve. who hasiQ
anained sufficient maturitv of understanding to iudge o( the nature and consequences o( his condu;;
that occasion". -
What is required under S.83 is that, the child should not know the nature and physic~
consequences of his conduct. In this connection, there is a maxim "malitia supp/et octatem" which means,
the circumstances of a case may disclose the malice. For example: Eleven years accused boy picked upa
knife and threatened the man that he would cut him to pieces, and did actually cut him. In the presttil
circumstances, the only inference that can be drawn is that, he did what he intended to do and he also
knew that the blow inflicted with knife would effectuate his intention. So, his malicious intention ~
proved by the circumstances of the case, therefore, be was held liable, and was sentenced to Reformatory
Schoo\ for five years: Ulla Mahapatra, (1950) Cuttuck 293.
Legal provisions under S.82 and 83 : (summarv) :-
a) Child under 7 years == Not liable;
b) Child between 7&\2 years == ~~ Liable if he is of mature understanding;

n) Not liable if he is not of mature understanding·
c) Child above 12 years = Liable. '
Dowry death - S. 304-B :

1) "Wh
er~ the death o a woman is caused bv anv burns or bodi/v . . ' . h . e than w11kr
normal circumstances with· in un or occurs ot env1s h .~
was subjected to cru lty in s~ven years of her marriage,. and it is shown that soon before her deal, s-
d fi r or
e or arassment by her husba d
connection with any dema dj' d
I
n or any re alive of her husban °'
.Jf/
relative shall be deem d t nh or ow,y, such death shall be called "dowry death, and such husbarrii
. e O ave caused her death " ·
Explanation: For the purposes of this s b . · 0ftlll
Dowry Prohibition Act 196 ! . u -sectmn, "dowry" shall have the same meaning as in s.i
' l 2) "Whoever commits dowry death h II ol ~
less that seven years but i,· h , s a be punished with imprisonment for a term which shall n
, w ,c may extend to imprisonment for life".
Law Relating to Women & Children. 85. Allthor Prof. Prakash K. Molwl.
ln!!Tedients of the offence of dowry death:

1)the death of a woman be caused by bums or bodily injury or otherwise than under normal
circumstances;
2) such death should have occurred within seven years of her marriage;
3) She must have been subjected to cruelty or harassment'by her husband or any relative of her husband;
~) such cruelty or harassment should be for or in connection with demand for dowry.
s. 354: Assault or criminal force to woman with intent to outrage her modesty :
Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that
he " ~II thereby outrage her modesty, shall be punished with imprisonment of either description for a tenn
which may extend to five years, and shall also be liable to fine.
The Criminal Law (Amendment) Act, 2013:
The following Sections 354A, 354B, 354C, and Section 354D have been inserted by the above
Criminal Law (Amendment) Act, 2013.
S. 354A : Sexual harassment and punishment for sexual harassment :

(I) A man committing any of the following acts -
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
Shall be guilty of the offence of sexual harassment. .
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section
( 1) shall be punished with rigorous imprisonment for a tenn which may extend to three years, or with
fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section ( I) shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with
both.
S. 354B : Assault or use of criminal force to woman with intent to disrobe :

(4) Any man who assaults or uses criminal force to any woman or abets such ad with the intent ion Llf
disrobing or compelling her to be naked, shall be punished with imprisonment of either desc riptit1n
for a lerm which shall not be less than three years but which may extend to seven years, and shall alsl,
be liable to fine.
S. 354C : Voyeurism :
Any man who watches, or captures the image or a woman engagi ng in a private at:l in 1.:i1n1mst,lltl·es
where she would usually have the expectation of not being observed ei ther by th0 pt:rpdrntor or by any
0ther_p~rson at the behest of the perpetrator or disseminates sm:h inrngc shall be puuishl·d llll tirst
co~vict1on with imprisonment of ei ther description for a term which shall 1101 he k ss tha11 lHlt' year, but
which may extend to thre years, and shall also be liable lo line, and be punished 0 11 a second or
subsequent conviction, with imprisonment of either description for a tcrn1 whid1 shull 1101 be kss than
three years, but which may extend to seven years, and shall a.lso hi..: liable to li111:.
Explanation 1. - For the purpose of this Section, "privatl: act" includes an ad or watd1i11g rnrricd out in a
P!ac_e which, in the circumstanees, would reasonably be expcetcd to prov ide privacy and where the
victim's genitals, posterior or breasts are exposed or wvered only in underwear, or th0 victim is using
lavatory; or the victim is doing a sexual act that is not or a kind ordinarily done i11 public.
Law Relatin to Women & Children . 86. At1thor _ Pro . Prakash K. Moka
· 2. - Where the v1ct1m

Explanaflon · · consents to the capture of the images
· or any .act' but
. not
. to ~
dissemination to third persons and where such image or act is diseeminated, such dissemination shah ~
considered an offence under this Section.
S. 354D : Stalking:
( 1) Any man who - · ·
(i) follows a woman and contacts, or attempts to contact such woman to foster persona1 interaction
repeatedly despite a clear indication or disinterest by such woman; or . . .
(ii) monitors the use by a woman of the internet, email or any other fom, of electronic communication,
commits the offence of stalking :
Provided that such conduct shall not amount to stalking if the man who pursued it proves that -
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking
bad been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii} it was pursued under any law or to comply with any condition or requirement imposed by any
person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fi ne; and be
punished on a second or subsequent conviction, with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine.
A?gravated forms of assault or criminal force and their punishments:

I
1. Assa~lt or use of criminal force to deter or prevent a public servant from discharging his duty: I
Impnsonment upto 2 years, or with fine, or with both (S.353). (Amendment is suggested by the
State Govt. ofMaha,:a~htra to enhance punishment, still awaiting Centre's nod).)
ii.
Assa~lt or use of cnmmal force to woman with intention or knowledge to outrage her modesty:
Impnsonment upto? ~ears, and shall also be liable to fine. (S.354).
iii.
A~shaufilt or use ?f cnmmal force with intent to dishonour a person: Imprisonment upto 2 years or
wit me, or with both (S.355). •
iv. Assault or use of criminal force in attem tin to . . . .
carrying: Imprisonment upto 2 years p _thgfi comm~t theft of which that person is weanng or
v. , or w~ ne or with both (S 356)
Assault or use of criminal force in attem tin ;o w . . .
upto l year, or with ~n~ upto Rs. l 000, or Jith !oth (;.~~;fully confine a person: Impnsonment
vi.
~ssa~lt or use of cnmmal force on grave and sudde ). .
impnsonment upto 1 month or ·th fi n provocation given by that person: simple
" . ' w1 me upto Rs.200, or with both (S.358).
Kidnapping":
(S.359-361, 363, 363-A).
The word kidnapp· · d •
general I · mg is enved from the word k· ·
sense u/~. ;~~n:~:~~ddst~aling or !~king away a child. B~: t~ch1ld) + ~ab (st~al). Therefore, kidnappill;
kidnapping fro,n lnd' . e mbes the offence of 'kidnapping firo e lwdo_rd k1dnappmg is not used in the sani,.
ra can ecornmi·tt·ed in
•
respect of rn n 1a' · under this
• Section
. the offienceo
S.359 says that: grown up person also. '
. "K_idnapping' is of two kinds·
t) Kidnapping from 1 d'
··) . n 1a and .
II Kidnapping from law/ I .
u guardianship''
)
y,.w Relating to Women & Children . 87. Author - Prof. Prakash K. Mokal.
S.360 defines "Kidnapping from India"

'.1(.idnaoping from India":
"Whoever-
i) conveys
ii) any person
iii) beyond the limits of India
iv) without the consent of that person, or of some person legally authorised to consent on behalf of that
person,
is said to kidnap that person from India ".
Ingredients:
i) A person must be conveyed beyond the limits of India;
ii) A person must be so conveyed without his consent.
'convey' -
The word 'convey' means to take or carry away a person.
'any person' -
The offence of kidnapping from India can be committed in respect of any person male or female, sound or
unsound, minor or major, Indian or foreigner.
'beyond the limits ofIndia' -
Means, outside the territorial limits of India. Therefore, the moment frontier line of India (boundary of
India) is crossed, the offence is complete. The victim need not be taken to the destination intended by the
offender.
'without the consent... ...... ' -
If the person kidnapped is above 16 years in case of male, and above 18 years in case of a female and has
given consent to his conveying beyond the limits of India, this offence is not committed. But the consent
given should not be such as defined in S.90 of the l.P.C., therefore, consent given
i) by a person under fear of injury,
ii) by a person under misconception of fact,
iii) by a person of unsound mind,
iv) by a person who is intoxicated,
v) by a person under 12 years of age is no consent.
Case Law:
Regina vis. Periaswami Kangani, (II Cr.4 J. 368) - In .this case, the accused Periaswami induced certain
women from India to leave India and come along him to Ceylon (in Sri Lanka) by telling that, they would
be married to his sons in Ceylon. They gave their consent and went with him to Ceylon. But he made
them work as coolies on a tea estate in Ceylon. The court held that, the consent given by them was given
under misconception of the fact, and therefore, accused was guilty of kidnapping from India.
"Kidnapping from lawful guardianship":
S.361 defines ' Kidnapping from lawful guardianship' :
"Whoever,
i) takes or entices
ii) any minor under 16 years of age if a male, or under 18 years of age if a female, or any person of
unsound mind
!ii) o~t ofthe keeping of the lawful guardian ofsuch minor or person ofunsound mind,
iv) without the consent ofsuch guardian,
·1,,·,m· clccci1li1/ mcm1s. - t be •111y force used , even if a person is mislcau h
' . · . . t • There may no ' d Y,~
lt imw be bv mis.lcadmg stt1tcmcn s. • . l· , to ·mother. then the accuse can be said tr, h ~
,. . d ,. , ti accused so to go I rom one p .ice ' a·,,
statenwnt me t'~ ,e ·· .
abducted that person by deceitful means. d tl,us induces her lo leave her house, but doc
· f , ·•1ge to a woman :rn • ~llr~
lf a man giv~s a 1_,rom1se o mam, the woman by deceiving her. .
marry her. he 1s said to have abductc~ . . _. . tcntion mentioned u/s. 364 lo 369 1s not an offc
But bare abduction in such cases without requ1s1 1e Ill nc~
rcr se (is not an offence by itself).
o·n
1 erenc
e between Kidnaooin!:! and Abduction:
. .
.
Abduction
K1d~amJ111!! . . , . Abd t' can be committed in respect of a
J) Kidnapping 1s comnutted 111 rcsp1;ct of a I ) uc 1011 . . .
I minor person~ if male-below 16 years. if person of any age 1.e. minor or maJor.
female-below 18 years. or a lunatic person of
any age. Kidnapping from lndia can be
committed in respect of a person of any age.
j 2) K.idn~ppin_g is a_ substantive offence i.e.
2) Abduction 1s an auxiliary act and not. an
K.idnappmg itself 1s an offence, therefore offence by itself. Therefore, bare abduction, I
bare kidnapping (without any unlawful without any unlawful intention does not amount
intention) amounts to an offence and is made lo an offence.
nunishable u/s. 363. I
3) In kidnapping from lawful guardianship, a 3) In abduction, there is no question of I
minor or lunatic person must be removed out guardianship. Abduction has reference
of the keeping of a lawful guardian. exclusively to the person abducted. Therefore, an
Therefore, if a minor or lunatic person has no abduction can be committed m respect of a
!!Uardian. there is no kidnapping. person who has no guardian. I
4) The means or methods used in kidnapping 4) Ln abduction the force, compulsion or 1
are immaterial. The minor or lunatic person deceitful means must be used.
I may be simply taken away without using
force i.e. means used may be innocent.
5) In lcidnapping. the consent of a minor or a 5) In abduction, consent of the person abducted
lunatic person is immaterial. becomes ~elevant. Therefore, if the person
----- ---- -- -- -
abducted gives consent freely or voluntarily there
is no abduction.
6) In kidnapping. intention of the offender is 6) In abdw.:tion, the intention of the offend ·
• .
'
er 1s
irrele am Even. if the 1ninor or lunatic is re 1evant !actor. 1.e.. if the imemion · .
, . . 1s not
t.;Jccn ..iWi:1) for i:I li.Jv. ful purpose, sti ll it will un 1awlu 1 II will not amount to abdu1;tion.
amount Lu kiJ~pj_nE.:_ _ _
Ag1: ravaLcd forms of Kidnapp ing and Ahd uctio n:
aJ Kidn&pf)11Jg or Ahduuiun inon.kr to inurdc:r - lmpriso11mcnt for liti.:. ur rigornus

1111prison1m:nt upto 10 y~ar-: atilt r11,~(S.J(,-I).
bJ K1dni:!pptng or A bduc. tron " 1th 11111.:nt
'>t:<:rc:ll~ :md wrc,ngiull) " ' l.'-lnlirn: ct
pcr!>un t111prn,1Jllll1CIII uplu 7 y~ars \)I lilt\.' tS 1(1"\)
c.:) K 1d11;1J1p H1g. A bdu<:111m 11r 111d11<:i11g
/:l wo rr11:t11 1/J c<1111 pt:l hL"r 10 111arry ,111 y
Loll' Rdorir1 ro ,t ·onre" .~ Clri/,lre" . 9 I. A 11rlwr - I'm . l'ruka.,·lt J<. Moku/.
r en-on l,r knowing

... tlrnt she nrny hc =- Imprisonment 11pto IO ycnrs and fine (SJM,).
foi\·cd to ilhc1t mtcn·0ursc
d) K.idn:1pping. t'r Abducti,:n in0rdcr to
~ubjcct that person to gn crnus hurt .
!-l:wcry or unnatural lust = l111pri:-onme11t uplo 10 years and fine (S .367).
c) Wn"ng.folly \.'oncealing. Clr
l·onfining. a kidnapped person = Same punishment as that of wrong ful confinement (S.36~).
f) Kidnapping or Abduction of
3
child under the age of IO years
with intent to steal movable property
from the person of such child = l1nprisonment upto 7 years and fine (S.369 ).
Bu,ing and Selling a slave; Buying and Selling a Minor for Prostitution ; and Forced
Labour (Ss. 370 to 374):
Bu,ing and Habituallv dealing in slaves :

ss. 370 and 371 makes slavery punishable.
Sections 370 and 370A given as under have been added by the Criminal Law
(Amendment) Act, 2013 -
S.370: Trafficking of person:

( J) Whoever, for the purpose of exploitation, (i) recruits, (b) transports, (c) harbours, {d) transfers. or (el
receives, a person or persons, by -
Firsr - using threats, or
Secondly - using force, or any other fonn of coercion, or
Thirdly - by abduction, or
Fourrhly - by practising fraud, or deception, or
Fifthly -by abuse of power, or
Sixrhly - by inducement, including the giving or receiving of payments or benetits. in order to nchie\ e the
consent of any person having control over the person recruited, transported, harboured. transfem~<l or
received.
commits the offence of trafficking.
Explanation I. - The expression "exploitation" shall incl ude any act or physical exploitation L)r :.ln) ti.m n
of ~exual exploitation, slavery or practices similar to slavery, servitude, nr the forced removal of org~llb
Explana1ion 2. - The consent of the victim is immaterial in determination of the offence of rra tfa:1-..ing.
12J _Whoever commits the offence of traffi cking shal l bl: punished with rigorous imprisonment for a~1cm1
~hich shall not be less than seven years, but which may extend to ten ycms, and shall alSl) b1.· li:tbk tl,
fine.
13 J Where the offen<.:e involve!:> th<.: trnni cking or mon.: tha11 o lll: pl'.r~1111, it ,;hall bt· pu111~hahle wnh
: gorou!I imprif.onmtnt for a t<.:rm which !..hall 1101 be 11:ss 1ha11 tl'.11 YL'ars but \\ htL·li m:t) nte11d 1,,
1
trnpnsonment for lif<.:, and :-.hall abo be liahl<.: 10 li ne.

~4) Where the offence: in volv<.::-, the tralf11,;ki11 g of' a 111i11or, it -;hall Ill'. pu11i-;habk \\ i1l1 rt_,;,H'llLIS
1
~prisonment for a ttrm which !..hall not bl: le!..!.. 1ha11 tl'.11 yl:ar, hut whid, 1nay L'~lt11d Ill 1111p11s,111111c111 for
lift, and !ihall ah.o be I iahle to fine.
Law Relating to Women & Children. 94. Author- Prof. Prakash K. Mokl!.!.:_
In2redients of the offence of rape :

1) A man must have sexual intercourse with a woman.
2) The sexual intercourse must be committed under any of the circumstances described in clause one to
seven of the Section.
'A man is said to commU rape who has .......... sexual intercourse with a woman' -
Rape is an act of having sexual intercourse with a woman. S. l O of the Code defines the word 'man' and
'woman'. lt says, 'The word 'man' denotes a male human being of any age; the word 'woman' denotes a
female human being of any age". Any male human being of any age can be held criminally li'.1ble for the
offence of rape, subject to the exceptions u/s. 82 and 83 or 84 of the Code. Therefore, the offender may be
a male human being above 12 years of age and the victim of the offence may be any female human being
of any age.
'against her will' (clause first) -
These words refer to a woman who is fully conscious normal person, who is capable of exercising her
own volition or will. Therefore, when she is not willing to have sexual intercourse or strongly opposes
sexual intercourse, it is said to be 'against her will'. The term 'against her will' includes 'without her
consent' also, when she is unconscious or fast asleep, a man who commits sexual intercourse with her is
said to commit it against her will, and therefore, he is guilty of rape. Even after getting up from her sleep
the woman gives consent, that subsequent consent shall not be taken into consideration under this clause.
'without her consent' ( clause second) -
Mere act of submission does not amount to consent. There must be voluntary participation in the sexual
intercourse with due thought. This clause refers to a woman who though does not oppose sexual
intercourse, is incapable of knowing the nature of the act of the offender.
If the consent given by the woman is not free, it is 'without her consent. (see S.90 and clause first to fourth
of this Section).
In cases where there is no resistance from the woman, the consent can be presumed unless the case falls
u/s.90.
Case Law:
Kofi Jagu Rane vis. State of Gujrat, 1992 Cr.L.J. 2080 (Guj.)- In this case, a young girl of 18 years doing
labour work was raped by the accused. Sessions Court convicted him of rape. In an appeal before the
Gujarat High Court, the Court observed that, since there was no evidence of resistance by her, the accused
could not be convicted for rape. Thus, conviction for rape was set aside by the High Court.
Young's Case:
The accused young had sexual intercourse with a woman while she was fast asleep. He was held guilty for
committing rape without her consent.
'with her consent, when .... she believes herselfto be lawjitlly married' (Clause-4) -
This clause refers to the consent under mistaken belief. This clause deal s with the consent obtained bJ
fraud or misconception of facts, for example, when there is no opportunity for a victim woman to ident_il~
the accused and she is made to believe that he is her husband. Therefore a man who induct!S a marne(
woman to have sexual intercourse with him by impersonating as her hw/band, he can be held liable t?r
rape under this clause. A man having sexual intercourse with a married woman in the dark by spt!akiug 111
the style and sound of her husband, and thus, making her believe that he is her husband.
S ixthly - With or with~ut her conse~t, when she is under eighteen yea~--~· of' llJ,!,<! ist
Jn a landmark Judgment dclivcrnd by the Luck11ow bench o l the Allahabad High Court fon c
August. 2009, even before the 2013 Criminal Law Amendment came into force, i.c at that tin1e th
qualifying age was sixteen years] has observed lhat, the consent uf a girl below 18 years for se~ll•\
1
1
intercourse is invalid, .saying that as the girl is not mental ly and physically lit to give such consent,
in 10 Womc,r & Cltildrc11 . 95. A utlto r - Pro . Praka.filt K. M okal.
Lo"' ReIat
sidered out of her w il l. The court's observations cam e dur ing the hearing o f a crim inal appeal
l:':in't be conpe convict. who c laimed th at as a 17 year o ld had g iven h e r consent for physical relations, his
1 .bY·. 3 rafor rape was not proper.
filed
con\'ICtl~l court d ismissed his appeal and said : "It's a n irony of law th at, on one hand , a person below 18
1
~ dered fit for m arriage, but, on the other, a g irl of 16 years is con s idered fi t to g ive her con sent
i~ not cons• "
for sexual intercourse .
~anation:
· . ,,·on is su,fficienl to constitute the sexual intercourse necessary to the offence ofrape ' -
'Peneoa . . .
lly in case of sexual intercourse a m ale organ enters m to the pnvate pa rts of the fem ale to
lete 'the act of the sexuaI mtercourse
Genera · b y d.1schargmg
. the sem e n . There 1s . o f the
. comp Ie te penetration
co~p with emission of semen and rupture of hymen (maiden-head). However, for the purpose of the
pems · exp Ianatlon,
ffence of rape, under this · fio 11 owmg
· th'mgs are necessary -
~) The private parts of accu~ed s hould _enter into the vaginal parts of the ~oman i.e. penetration is
necessary to constitute sexual mtercourse 1.e. male organ had the power of erection.
2) It is not neces~ary that there w_as com~le te or full p enetration. Even a partial s light penetration in the
\lllva or labia maJor of the vulva 1s sufficient.
3) Hymen need not be ruptured.
4) Emission of semen is not necessary.
Exception 2. : Sexual intercourse by a man with his own wife, the wife not bein g unde r fift een vears of
al!e. is not rape.
·sexual inrercourse by man with his own wife ... is not rape' -
Can a man commit a rape with b is own w ife?
Husband cannot be held liable of rape on his w ife who is above 15 years of age thoug h s he is belo w 16
years of age. But. if she is below 15 years of age, he can be held liable. because h e has no ri~ht co his
marital ri!?ht prematurely. or enjoy her person by harming her when she is below 15 years of aee.
S376 : Punishment for rape :

(!) "Whoever, except in the cases provided for in su b-section (2), commits rapt:. s ha ll be punis hed wi th
ngorous imprisonment of either description for a term which s hall not be less than se,·c11 yc:ars. bm which
may extend to imprisonment for life, a n d shall a lso b e liable to fine.
(2) whoever -
'
(a) b~in~ a _police officer, comm its rape -
the limits of th e police station to whi c h s uc h police o ffi cer is appo inted· or
((,)
ii within
. . ,
) m the premises of a ny stat ion house; or
'." ')on~ woman in such pol ice officer 's c us tody o r in the c us tody or a police offo;er s ubordinate: tL)
Sucb police o ffi cer · or
f, a pub11
(hJ being . ·c servant,
, ' commits · rape on a woman in · s ue h p u bl 1c
. servan t , s c usto<Iy o r III
. t11e L·ust1.11.)
I
0
,. _ii public servant s ubordi nate lo s uc h public servant · o r
1
l) being a . . ' . , .
. . member of the armc<l forces d eployed in an area by the Centra l or a Stat~ ( 1tw~rn111e11l
comm,Ls rr. ·
(dJ bti iipe in s uch a rea; o r
b ng on the manageme nt or un th<; s ta ff u f' a jail, remand ho 1m.: or other pl ace l>t' l'.l1Sl1.>dy ~stab lis hc'd
r·Y or under any Ia w t·o r l h (; time
· · g ·,n 1·orcc o r O 1· a WO I II Cll •S ur C III· 1l Il't:11·S 11\S
bc m · lltllllllll
· · , L'\)1111\lllS
·
apt on any in
fo) bc:i
t· . . I . . .
mate o !>uch Jail , re mand home, pace or 111s titut1011; o r
or
(J) be·ng on th e management o r on the s tall a hospi tat, co111mit-; rape 0 11 a wo11w11 in chat hnsp1rnl : ur
· or teacher of or a person ·111 a pos ·1t1· 0 11 o f · trust llf aut t,o nl
w ing a rel·at'1ve, guardian · y l~lwtm Is l I,~·
oman co . '
' mm,ts rape on !>uch woman ; or
Lm,• Relarin to " ·omerr .._, Child ren . 96. A 11 t/wr - l'ro . Prakash K. Mokuf.
(g) C'(ltnmits rape dming comnnmal or scctnrian violence; or

(7,J C(ltnmits rnpc 0n a woman knowing her to be pregnant: or
(i) commits rape on a woman w hen she is under sixteen years of age; o r
(i) c-ommin- rnpe on a wom an incapable of g iving consent; or .
(k ) l)eing in 3 position o f contro l or dominance over a womat~ , co11:1m1t_s _rape on s uch w o man ; or
(ll cl:'mmits rape on a woman suffering from mental or phys1c~I d1sab1_ '1ty; o r .
i ml while committing rape cau ses grievous bodily harm or maims or disfigures or endangers the life of a
w0man: or
( n) commits rape repeatedly o n the same woman,
shall be punished w ith rigorous imprisonm ent for a term w hich shall not be less than ten years, hot
" ·hich may extend to imprisonment for life, which shall mean impri sonment for the remainder of that
person ·s natural life, and shall also be liable to fine.
Exp!GJ101io11. - For the purposes of this sub-section, -

(a) ..armed forces'· means the naval, military and air forces and includes any member of the Anned
Forces constituted under any law for the time being in force , including the paramilitary forces and
any auxiliary forces that are under the control of the Central Government or a State Government;
{b) ..hospitar' means the precincts of the hospital and includes the precincts of any institution for the
reception and treatment of persons during convalescence or of persons requiring medical attention
or rehabilitation; [convalescence means gradual recovery ofhealth and strength];
(c) --police officer" shall have the same meaning as assigned to the expression "police" under the
Police Act, 1861 ;
(d) --women's or children's institution" means an institution, whether called an orphanage or a home
for neglected women or children or a widow's home or an in stitutio n called by any other name,
which is established and maintained for the reception and care of women and children.
(2} Custodial Rape [(S. 376 (2)] :

Custodial rape is a rape in the situations referred to in sub-section (2) {a) to (/) of S ect ion 3 76 of the 1.P.C.
h refers to rape -
(a) by a police officer commits rape on a woman within the lim its of the police s tation: or in m~
premises of any station house, where he is appointed; or in his custody or in the cus tody of a
police o fficer subordinate to him ;
(b) by a public servant commits rape on a woman in hi s c ustody or in the c ustody uf a public ser.•jlll
s ubordinate to him;
(c) by member of the armed forces deployed in an area by the Central o r a State Govemmt:nt \.'01nniit.S
rape i11 i,uc;h arta;
rd/ by l-1 peri,on cm th<: management or on the staff or a jai l. rcma11d home ur uthc r place of \.·usio<l_Y
<::£.t.abl1i,hed by or under any law f'or the time being in li,n.:c ur or a wun11.::n·s nr rhild~113
1n&11tu11un. commit i. rape un any in mute of s uc;h ja il, rc 111a11d homc, place or ins tilulilm;
fe/ by a p cn,un o n lht rnanagcrncnt or on the staff u l' a hosp ital , cummits rape on a wrnmui in thttl
hm.pnal :
{J) by a ~er:,un who J i) a rclat ivt, guardii.111 or teac;lu.:r or, or b y u person 111 a posi tio n llf trust or
authorny UJwardi. tilt wu111an, c;on11ni1s rape 011 M 1d1 wo11 1a11.
/:xplww rir.1n. l· ur tht purpoM.:!-. or I Ii 11> i-. ul, - 1>c1,;1il>1I,
(u) "arm~d _forc~i,," :nc:an1> :I•~ 11a~al, ,_111li1ary_a11d ai_r for ce~ a nd .im:lul~CS any 11\Clllbcr of tl!c /\l~t\l::
Forcci, ~c~ni-.tll~led under ,111y law fo r lite tulle he111g 111 lurcc, 111clud111g the paramilitary torccs '''.
any aux iltc:1ry lure<::. that a1e under tht! c;o111rnl or tli1..: C1..:111rnl Uovern111c11t or a S tate Govcnu11enL
1
, nll' Rtr!.f!!_!af'.!!.il!.!,1f!~f~o~1.:..Vo::.:n:.;.:,;:; . ce,~ ....;;.&_·_C_h_il_d_re_,_,-·----~9..:...7.:.....- -- ~ ~K~
A!.!1:!!,t!.!./r.!!o!...r=..!P...!.r.!.!.o:cf...2P~r'..!!fl~k!!a,i!_!~l'.!. .1 • .!!
M!.!O'!.!.k~at!!.
l,
~
•'hospital" means the precincts of the ~Ospital and incl udes the prec incts of any institution for the
(b) reception and treatment of persons durmg convalescence or of persons requiring medica l attention
or rehabilitation: [co11valescence means gra1ual recovery o.l health and strength];
(c} "police officer'' shall have the same meanmg as assigned to the expression "police" under the
Police Act. 186 1:
(d) "women's or children 's institution" means an institution, whether called an orphanage or a home
for neglected women or children or a widow' s home or an institution called by any other name,
which is established and maintained for the reception and care of women and children.
The punishment prescribed for the custodial rape under ~ection 376 (2) ab~ve i~ rigorous imp~isonment
for a temi which shall not be less than l Oyears, but which may extend to 1mpnsonment for life, which
shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
ln cases of custodial rape, since it is almost impossible to get any other independent evidence to
corroborate the testimony of the victim, Section 114A was inserted into the Indian Evidence Act, whereby
ihe onus of proof is shifted from the prosecution on to the defence by laying down that in cases of
custodial rape, absence of consent of the woman shall be presumed.
S. 376,\: Punishment for causing death or resulting in persistent vegetative state of victim-
\\"hoever. commits an offence punishable under sub-section (1 ) or sub-section (2) of Section 3 76 and in
the course of such commission inflicts an injury which causes the death of the woman or cac.,...,., the
woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a tenn
which shall not be less than twenty years, but which may extend to imprisonment for life, which shall
mean imprisonment for the remainder of that persn's natural life, or with death.
S. 376B : Sexual intercourse by husband upon his wife during separation -

\\'boever has sexual intercourse with his own wife, who is living separately, whethe1 u •. ~<:r a decree of
separation or otherwise, without her consent, shall be punished with imprisonment of either description
f?r a tenn which shall not be less than two years but which may extend to seven years, and shall also be
liable to fine.
~
rd Ln this Section, "sexual intercourse" shall mean any of the acts mentioned in claus~s (u) to
J of Section 375.
S.
Wh376C· ·· SexuaI mtercourse
· · aut hon·ty:
by a person m
oever, being _
I n ot· authonty
(g_J in a pos1·t·o
(h · or ·m a fi1duc1
·ary reIat1ons
· h'1p; or
/ a public servant; or
I) superintendent or manager of a jail, remand home or othL:r plac.:L: or custody L:stab lishcd by nr umkr
CJ any law fior th c ti·me being
· ·in force,
· or a women's or cI11·1( Irc11 ' s ins111u11011;
· · · 01·
J onthem-.n•g
b " a ement o a hospital or being on th<.: s1c1, o a 1osp1ta I•
f · · "l' 1· I . . . .
or und/ ~ses such positionor fidu1.;i ary relationship to induc.;e or seduce any wu111a11 c1lhcr 111 l_us i.:11st\ldy
not am r his_charge or present in the premises 10 havt: sexual i111crc.:oursc with him , -;uch sexua l 111l\.'1\.:oursc·
for a teounting to the offent:c of rape:, ~hall he punished wi th rigorous i111prison111e111 or L:ithcr dcsrri pti ll11
liable torrnfi which shall not be lc:ss than live year~. hut wh id, rnay ext1.:11d tu 11:11 year-;, a11d -;hal l alsu b~·
me
~
£
In this Section, "!>ex ual interi;ourst:" shall n1t:a11 a11y ol'th1:
ect1on 37S.
al.' I S 111c111iu11cd i11 clau-;cs (d) tu
~ For the purposes of thi~ Section, Hx11lmu1tion I to Se1.;tiu11 J75 shal l als1> he applicabk.
)
98. A utltor - / 1m . f->ralwsh K. Mokuf.
Low Rclorin w If ·omen '"~ Children •
. , .. ~ . . . d . ,-· in relation to 3 jail, remand home o r other place of c us tody or
1
;;::~~~':; ~~,,-;d~~i~r~1 ;~t~t~~,. ·includes 3 person holdin~ any other of_ficc in s uch jail, r~~~nd hrin,e~
. . . b ·r1'-1c of ,,,1,1·ch such person con exercise any authority or contro l over its inrnate~
1 (If ln'-l1nlll0n ",,
pace- ' . · , · · ' ,, h II '
. I . & • Tit~ e' ·pressions " hos11ital" and "women ' s or c hildre n s inst1lut1o n s a rcspecti11c1'l
EX['J. '1.111011 • . '- A • • • • • 376
haYc \he same meaning as in Exp/a11at1011 lo sub-section (2) of Sect ion ·
l.3) 1s. 376D1 : Gang Rape: . .

\\"her(' 3
,_. man
0
is raped by one or more persons constituting a gro~p or acting tn furtherance of a
common intention. each of those persons shall be deemed to have committed the offen ce o f rape and shall
~ punished " itb rigorous imprisonment for a tenn which sha t~ not be less than t~enty year~, but which
rna~ e,leod to life which shall mean imprisonment for the remainder of that person s natural ltfe, and wnh
fine .
Pro,·ided that such fine sha ll be just and reasonable to meet the m edical expenses anc
rehab, litation of the Yictim :
Pro,·ided furthe r that any fine imposed under this Section shall be paid to the victim .
''Gan!! Rar e'' :

\\ ·hen a " oman is raped by one or more in a group of persons acting in furtheranc e of their common
:menuon. each of the persons shall be dee med to have committed gang rape.
Gang Rape i!:> an offen ce of Rape primarily; But it is committed by number of persons together with Lii:1r
common intention to do the same. The Court can take a serious cognisance of the same whik considcnng
the quantum of punishment for the offence. Maximum punishme nt of life impris onme nt can be a,\ ardCI!
~G all L>tc o ffenderl> im olved in uch a heinous crime, as it adverse ly affects the v ic tim in body and miml
~ch an o ffence hal. great health and psychological impact on a victi m and her rela tions too ..-\lso. such :lll
(1f'kncc t.rc:~lc:~ great sensations and uproar in the entire sociery.
~- 376£ : PWJ1~hment for repeat offenders:

~ 'Luc\ cf Ii~~ been pn:viou~ly conv icte d o fan ofti:nce punishabll.! under el:tio n 37 6 or " e1.:cio n 31 6:\ l!f
Scn11J~ ?7<J0 ~nd 1~ ~ub~cquentl~ c:o_n _v icte~ or an o fli:nce punishab le untkr any of the •aid ·e~tion. )h.ul
be purn~hed with 1mpn~onmcn1 for Ide: which shall mean imprisonm1:nt for th~ r1:mainder o f that per-.,00\
natun:1 Ide. ur wiLh dc:a1J1.
Oueuion : Writt !)hort notes on :

a) Adultery.
b) Oiuinction bctwcc11 Adultery and rape.
Question : Oi~tu1,,~ fulJ y . AduJlcry' under Section 4t)7 uf the I ndiun Penal Codl', 1~0U,
OH
Write a ~borl note ort :
Distinction betwten Adulter y anti Hape.
A n.niJer :
Law Re/otin to Women & Children. 99. Author - Pro . Prakash K. Mokal.
[4] Adultery (S.497):
Definition : . . b 1·
~hoever has sexual intercourses with a person who ts, ~nd whom he knows or has rcaso_n to e 1eve to.
·s-.e of another man , without the consent or conrnvance of that man. such sexual intercourse
be the w 11, •
not
•
. to the offence of rape is guilty of the offence of adultery, and shall be puntshed with
amoun ting . . ' . . .
. npnsonm
• ent or either descnptrnn .for a term which may ,, extend to 5 years, or with fine, or with both. rn
11
such case, the wife shall not be punishable as an abettor .
Ingredients :
l) Sexual intercourse by a married or unmarried man with a woman a) who is married or
b) man knows or he has reason to believe that she is the wife of another man;
2) Such sexual intercourse must be committed without_the consent or connivance of her husband;
J) Such sexual intercourse must not amount to rape (1.e. must not fall under S.375).
Important points to be noted in case of adu lterv :

I.This offence is committed by a man alone. Therefore, he alone is liable to punishment, and a woman
with whom adultery is committed is not liable to punishment.
2.This offence is committed against the husband of that woman, therefore, the husband must be the
complainant (husband must complain about the same).
3.lt is not necessary that the adulterer should know as to who is the husband of that woman. It is
sufficient, if tbe adulterer knows that she is married woman/wife of someone.
4.The wife who is the party to the adultery, cannot be punished or cannot be held liable as an abettor. So
also, this Section does not allow the wife ( of the adulterer) to prosecute het husband for adultery; though
she may file a suit for dissolution of her marriage under the personal law to which she i~ c;:ubject.
[51 Taking or enticing away the wife of another man or detaining such woman with intent that
she may have illicit intercourse with any person - S.498 .
[5] Offence of criminal elopement (S. 498) :

Definition :
"~hoever takes or entices away a woman who is, and whom he knows or bas reason to believe to be the
w!fe ?f any other man, from that man, or from any person having the care of her on behalf of that man,
wi th intent that she may have illicit intercourse with any person, or conceals or detains with that intent
any such wom~n, shall be punished with imprisonment of either description for a term which any extend
to 2 years or with fine, or with both".
. d . If Section 36 1 (kidnapping from lawful guardianship) or Section 366 (kidnapping abducting or
m ucmg
th· S .a woma n to compe I her marriage . ) o f the Penal Code fail. to apply .m respect of a mamed
' . woman,
is ection can be made applicable. The husband can institute prosecution for the offence of criminal
e]opement of h · ·fi
0
h' . . IS w1 e under this Section, because the husband who is entitled to the custody and control
ver is wife, 1s deprived of his right.
ll!.,gredients : .
1) Taking or enticin
any g away or concea1mg ·
or detam. .mg the w1.Jie of another man, from
, that man , or from
2 ) S~~~s:_~may be her parents) having th_e care_ofh er on beha lf of that 1:1a_n.. . .
(e g . h . g away, etc. must be done with an intent that she may have 1ll1c1t intercourse with any person
· · wit intent to make her prostitute). ·
Law Relating to Women & Children . 100. Author Prof. Prakash K. MokaL
-
3) The person taking away, must have the knowledge or reason to believe that the woman is the wife of
another man.
[6} Husband or relative of husband of a woman subjecting her to cruelty i.e. m ental or physical
cruelty with a view to coercing her to bring property or dowry :
[6] Cruelty for Dowry (S.498-A) :

Definition :
"Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty,
shall be puni shed with imprisonment for a tem1 which may extend to 3 years, and shall a lso be liable to
fine" .
Explanation :
For the purpose of th is Section, cruelty means -
a) any wilful conduct w hich is of such narure as is likely to drive the woman. to commit suicide, or to
cause grave injury or danger to life, limb or health ( whether mental or physical ) of the woman; or
b) harassment of the woman where such harassment is with a view to coercing her or any person related
to her to meet any unlawful demand for any property or valuable security or is on account of failure by
her or any person related to her to meet such demand.
to Women & Children. 101. Author - Pro . Prakash K. Mokal.
Jlindu Law relatin to Children and Women of Marria e Divorce

Maintenance and Guardianship :
CHAPTER - Ill
RESTITUTION OF CONJUGAL RIGHTS
AND
JUDUICIAL SEPARATION
. Restitution of conjugal rights -

~ ither the husband or the wife has, without reasonable excuse, withdrawn from the society of the
~ien ;he aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights
ot de~e Court, on being satisfied of the truth of the statements made in such petition and that there is no
~;gal ground why the application should not be granted, may decree restitution of conjugal rights,
accordingly•
Explanation - . . .
Where a question anses whether there has been reasonable excuse for withdrawal from the society, the
burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
The expression "withdrawal from society" means cessation of cohabitation by a voluntary act of
the respondent. It means, withdrawal from conjugal relationship. Such as, refusal to live together, refusal
to have marital intercourse and refusal to give company for a long time. In other words, it is total refusal
to perfonn marital obligations necessary for the purpose of marriage. The word "society" means, the same
thing as cohabitation. In withdrawal from the society, there is an element of desertion also. Desertion by
one spouse of the other, would obviously amount to withdrawal from the society. However, to establish
withdrawal from the society, it is not necessary to prove legal desertion (i.e. continuous period of not less
than two years - [Section 13 (i) (i-b)].
S. 10: Judicial separation -

(I) Either party to a marriage, whether solemnized before or after the commencement of this Act, may
present a petition praying for a decree for judicial separation on any of the grounds specified in sub-
section ( 1) of Section 13, and in the case of a wife also, on any of the grounds specified in sub-section (2)
thereof, as grounds on which a petition for divorce might have been presented.
(2) . ~ere a decrre for j udicial separation ha_ s been passed, it shall no longer be obligatory for the
petitioner to cohabit with the respondent, but the Court may, on the application by petition of either party,
an_d on being satisfied of the truth of the statements made in such petition rescind the decree if it considers
it JUSl and reasonable to do so. .
~- 13: Divorce -
(]) Any marriage solemni~ed, whether before or after the commencement of this Act, may, on a petition
~;~sented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the
er party -
~:her thhas, _after the solemnization of the marriage, had voluntary sexual intercourse with any person
. an his or her spouse· or
~:i
0 ~as, after the solem~ization of the marriage, treated the petitioner with cruelty; or
precect· as deserted t~e petitioner for a continuous period of not less than two years immediately
r·a ing the presentat10n of the petition· or
ill, has . , . .
ceased to be a Hmdu by conversion to another rel1g1on; or
law Re lating to Women & Children. 102. Author - Prof. Prakash K. MokaL
--..c::.
(ii,)has been incurably of unsound mind, or has been suffering continuously or intermittently fr
mental disorder of such a kind and to such an exten t that the petitioner cannot reasonably be exccptectorn
· wit
IIvc · h t,1e
l
respon de nt. . to
Explanation -
Ln this clause, -
(a) the expression " menta l disorder" means, mental illness, aJTested or incomplete development r
0
mind. psychopathic disorder or any other disorder or disability of mind and
incl udes schizophrenia;
(b) the expression " psychopathic disorder" means, a persistent d isorder or disability of mind (whethe
or not including sub-normality of inte lligence) w hich results in abnom1ally aggressive or serious!;
irresponsible conduct on the part of other party and whethe r or not it required or is susceptible to
m edical treatment; or
(iv) has been suffering from a virulent and incurable fo1111 of leprosy; or
(v) has been suffering from venereal di sease in a communicable f01m; or
(••i) has renounced the world by entering any religious order; or
(vii) has not been heard of as being a live for a period of seven years or more by those persons who would
naturally have heard of it, had that party been al ive.
Explanation -
In this sub-section, the expression "desertion" means, the desertion of the petitioner by the other party to
the marriage without reasonable cause and withou t the consent o r against the wish of such party, and
includes the willfu l neglect of the petitioner by the other party to the marriage, and its grammatical
variations and cognate expressions shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may
also present a petition for the dis.solution of the marriage by a decree on the ground -
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judical separation in a proceeding to which
they were parties; or
{U) that there has been no restitution of conjugal rights as between the parties to the marriage fo!J
period of one year or upwards after the passing of a decree for restitution of conjugal rights in.J
proceeding to which they were parties.
Thus, it may be noted here that, under sub-section ( l) of Section 13 o f this Act, in all there are 1 I ground5
on which either of the party can apply for divorce against the other party to the marriage.
(2) A w ife may also present a petition for the d issolution of her marriage by a decree of divorce on the
ground - .
(i) in the case of any marriage so le mnized before the commenceme nt of thi s Act, that the husband h~~
married again before such commencement or that any other wife of the husband married before 5tlc
commencement was alive al the lime of the solemnization of the marriage of the petitioner. or
(ii) that the husband has, since the so lemn ization of the marriage, been guilty of rape, sodoJ1lY
bestial ity; or di o
(iii) that in a s uit under Section 18 o r the Hindu Adoptions a nd Maintenance Act, 1956, or in a ~roce~ ~
8
under Section 125 o f' the Code o r Criminal Procedure, 1973, (or under the correspondi ng Section 4 ed
the Code of Criminal Procedure, 1898 (5 of I 898), a decree or order, as the case may be, has been Pr~al
against the husband awarding maintenance to the w ife notwiths tand ing that she was living apart an 011e
since the passin g of s uch decree or order, cohab itation between the partles has not been resum~
year or upwards;
......
Law Relating to Women & Children. 103. Autlwr - Prof. Prakash K. Mokal.
------
~ that her marriage (whether consu~mated or not) was solemnized before she attained the age of fifteen
(i11
and she has repudiated the mamage after attaining that age but before attaining the age of eighteen
years.
years.
Explanation - . .
This clause applies whether the mamage was solemmzed before _or after the commencement of the
Marriage Laws (Amendment) Act, 1976 (68 of 1976).
s. 13 (2) :
[n addition to the 11 grounds of divorce stated in Section 13 ( 1) above, Sub-section (2) of Section 13 also
provides 4 more grounds of divorce which are available only to the wife.
These 4 grounds available to the Hindu wife to obtain Divorce, are summarised as under :-
1. "Bigamy" ((S. 13 (2) (i)] : .

The wife can obtain divorce on the ground of bigamy, in case, where the marriage was solemnized
between the husband and the petitioner wife before the commencement of this Act (i.e. before 18th May,
I955), and a) the husband had married again before such commencement or that b) any other wife of the
husband married before such commencement was alive at the time of the solemnization of the marriage of
the petitioner.
2. "Rape, sodomy or bestiality" [(S. 13 (2) (ii)):

The wife can obtain divorce on the ground that the husband is guilty of rape, sodomy or bestiality after the
solemnization of his marriage with the petitioner wife.
Rape relates to the ravishing of a woman, and sodomy and bestiality relates to carnal intercourse by a
man against the order of the nature with another man or with animal. (See S. 375 and 377 IPC by_the
author).
3. "No cohabitation after awarding the order ofmaintenance" [(S. 13 (2) (iii)):
When in a suit under Section 18 of the Hindu Adoptions and Maintenance _Act, 1956, or in a
proceeding under Section 125 of the Code of Criminal Procedure, 1973, a decree or order, has been
passed against the husband awarding maintenance to the wife though the wife was living separately and
since the passing r:f such decree or order, cohabitation between the parties has not been resumed for one
year or upwards, in such situation, the Hindu wife can obtain divorce.
4. "Repudiation ofmarriage" l(S. 13 (2) (iv)I:

If the marriage of a Hindu wife was soleminized before she had attained the age of 15 years
(whether the marriage was consummated or not), then, in such a case, she can get her marriage repudiated
a~er ~he attains the age of 15 years and before she attains the age of 18 years. In other words. when the
~ife is between the age of 15 and 18 any time she can repudiate the marriage and obtain the decree of
divorce under S. 13 (2) (iv).
£. 1.fu Legitimacy of children of void and voidable marriages -

(I) Notwithstanding that a marriage is null and void under Section 11 , any chi ld of' such marriage who
:ould have been legitimate if the marriage had been val id, shall be legilimalc, whether such child is born
efore or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and
;~ether _or n~t a decree of n~llity is g~anted in respect ?r that marriage under this Act and \-Vhethcr or not
mamage 1s held to be void otherwise than on a pel1t1011 under llrn; Act.
Law Relatin to Women & Children. 104. Author - Pro . Prakash K. Mok
a.1
(2) Where a. decree of nulli is ranted in res ect of a voidable marria 0 e under Section 12 an h'
begotten or conceived before the decree is made, who would have been the legitimate child of the Pac .11d
to the marriage if at the date of the decree it had been dissolved instead of being annulled, sha(~ies
deemed to be their legitimate child notwithstanding the decree of nullity. ~
(3) Nothing contained in sub-section (1) or sub-section (2) , shall be constmed as confeni.ng upon
child of a marriage which is null and void or which is annulled by a decree of nulli.ty under Section ~i
any rights in or to the property of any person, other than the parents, in any case where, but for the Passi '
of this Act, such child would have been incapable of possessing or acquiring any such rights by reason n~
his not being the legitimate child of his parents. ~
Maintenance :
S. 24: Maintenance pendent lite and expenses of proceedings -

W11ere in any proceeding under this Act, it appears to the Court that either the wife or the husband, as the
case may be, has no independent income sufficient for her or his support and the necessary expenses of
the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the
petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard
to the petitioner's own income and the income of the respondent, it may seem to the Court to be
reasonable:
S. 25: Permanent alimony and maintenance -

(1) Any Court exercising jurisdiction under thi s Act, may, at the time of passi ng any decree or at any time
subsequent thereto, on application made to it for the purpose by e ither the wife or the husband, as the case
m ay be, order that the respondent shall pay to the applicant for her or his maintenance and suppo11, such
gross sum or such monthly or periodical sum for a tenn not exceeding the life of the applicant, as having
regard to the respondent's O\Vn income and other property, if any, the income and other property of the
applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be seem ed, if necessary, by a charge on the immovable property .of the
respondent.
(2) If the Court is satisfied that, there is a change in the circumstances of either party at any time after it
has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind
any such order in such manner, as the Court may deem just. ,
(3) If the Court is satisfied that the party in whose favour an order has been made under this Section bas
remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husbaod,
that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other
party, vary, modify or rescind any such order in such manner as the Court may deem just.
Custody of Children :
S. 26: Custody of children - ke

Jn any proceeding under this Act, lhe Court may from time to time, pass such interim orders and rna d
s uch provisions in the decree, as it may deem just and proper with respect to the custody, maintenance a!l
education of minor chi.ldren, consistently with their wishes, wherever possible, and may, after the deer~~;
upon application by petition for the purpose, make from time to time, all such orders and provisions w•cb
respect to the custody, maintenance and ed ucation of such children, as might have been made by 5tlurt
decree or interim orders in case the proceeding for obtaining such decree were still pending, and the co
may also from time to time revoke, suspend or vary any such orders and provisions previously made.
_J
" ' ~K£el!.!!a~ti!.!1t~g.!..:fo::_:..:J,J1;--"o;.:..;11=•e_1_,&_,_C_l_
u_·ld_r_e_
n_. _ _ _ _...;.l-=-05=·=-------.:....:Ac:::u:.:.:fl..:..:,o~r_-_P_rl~'Jf._._P_ra_k_a_s_h_K_._M_o_
ka_l.
/d!!!!-
,'d d that. the application with respect to the maintenance and education of the minor children,
pro,d~ e the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty
Pen , mg . .
.. 0111 the date of service of notice on the respondent.
Ql!tLlr
"MAINTENANCE OF WIFE" Under the Adoptions and Maintenance Act, 1956 :
s. JS:
--- Maintenance of wife-
(I) Subject to the provisions of this_ Section, a ~in?u wife, whether man:ied bef?re ?r after the
oinmencement of this Act, shall be entitled to be mamtamed by her husband dunng her hfe-t1me.
~l) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to
maintenance -
(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her
consent or against her wish, or of willfully neglecting her;.,.
(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be
bam1ful or injurious to live with her husband;
(c) ifhe is suffering from a virulent form of leprosy,
(d) if be has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a
concubine elsewhere;
(/) if he has ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying her living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is
unchaste or ceases to be a Hindu by conversion to another religion.
'.\10TES: Husband living with another woman. Wife is entitled to live separately and claim maintenance
even if she failed to prove second marriage. Rajatni vis. C. Ganesha, (1999) 6 SCC 326.: AIR 1999 SC
2374.
~ Maintenance of widowed daughter-in-law -

OJ A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be
maintained after the death of her husband, by her father-in-law:
Provided that, to the extent that she is unable to maintain herself out of her own earnings or other
property or, where she has no property of her own, is unable to obtain maintenance -
(a) from the estate of her husband or her father or mother, or
(h) from her son or daughter, if any, or his or her estate.
2
~ ) Any obligation under sub-Section (I), shall not be enforceable if the father-in- law has not the means co
0
so from any coparcenary property in his possession, out of which the daughter-in-law has not obtuin~d
any share, and any such obligation shall cease on the remarriage or the daughter-in-law.
S. 20· Ma1·ntc nance o c . f' h"ld

ren and aged parents -
1()hSubject. .to the ··
prov1s1ons
1
of l h'JS,Scctlon,
· · Iu 1s
a Hin( · boum,I uunng
· I11s
· or I1cr 1·1lelm1c,
· · · · 111.s
to ma1nta1n · 1 ·
0
(; er le~Jt_imate or illegitimate children and his or her aged or infirm parents.
th~ Ah!eg~timate or illegitimate child may duim mai,ncnancc from his or lwr fotltcr or 111othcr, sn lung as
e c lld 1s a minor
(3) ' .
Un The obligation of a person to ma intc.1in his or her aged or in lirm parc111 l)r a daughter who is
ma%~n:ied,_extends in so far as the parent or the unmarried daughter, us lite case 111ay be, is unable to
ain himself out of his or her earnings or other propt:rty.
Law Relatin "' to Women & Children. 106. Author - Pro . Prakash K M0 k
• al
Explanation :
In this Section " parent" includes a childless step mother.
S. 23: Amount of maintenance -

(/) It shall be in the discretion of the Court to dete1~nine :Whether any, and if so what, maintenance shall ht
awarded under the provisions of this Act, and tn d~mg so, the Court shall have due regard to th
considerations set out in ·sub-Section (2) or sub-Section (3), as the case may be, so for as they e
. ~
applicable.
(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infi
parents under this Act, regard shall be had to - rm
( a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant's property and any income derived from such property, or from the
claimant's own earnings or from any other source;
(e) the number of persons entitled to maintenance under this Act.
(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard
shall be had to -
(a) the net value of the estate of the deceased after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of th e dependant;
( c) the degree of relationship between the two;
(d) the reasonable wants of the dependent;
(e) the past relations between the dependant and the deceased;
(I) the value of the prope11y of the dependant and any income derived from such property; or from his or
her earning or from any other source;
(g) the number of dependants entitled to mai ntenance under this Act.
Maintenance of wife under Section 36, and Custody of children under Section 38,Qf
the Special Marriage Act, 1954 :-
Alimony pendent lite :

Section 36 of the Act provides - . ..
1
(1) The District Court, in any proceeding under the suit for restitution of conj ugal rights and Judi~ia
separation or nullity of marriage and divorce, may, at the time of paasing any decree or at ume
subsequent to the decree, on application made to it for the purpose, order that the husband shall secur:
to the wife for her maintenance and support, if necessary, by a charge on the husband's prope~, SUC
gross s um or such monthly or periodical payment of money for a term not exceeding her hfe,:
having regard to her own property, if any, her husband's property and ability, the conduct of e
parti es and other circumstances of the case, as it may seem to the Court to be just. r
Hov,:ever, the ap~lication fo r th~ payment of the expenses of the proceeding and such weekly ;e
monthly s um dunng the proceedmg, sha ll, as far as possib le, be disposed of within 60 days frorn
date o f service of notice on the husband. . 1e
(2) If the Distri ct Court is satisfied that there is a change in the circumstances of either party at anY.:,U~r
af1er 1t has made an order under sub-secti on ( I), it may, at the instance of either party, vary, modi y
resc.;ind any s uch order in such manner as it may seem to the Court to be just.
l tin to Women & Cltildre11 . 107. A ut/ror - Pro . Prakash K. Mokal.
LaW R ea
h District Court is satisfied tha the w ife in w hose favour an order has been m ade under this
(3) If t. e has remarried or is leading an unchaste life, it may, at the instance of the husband, vary,
Section, . .
.f or rescind any such order and m such m anner as the Court may deem Just.
mod1y ·
Custody of Children: . . d. ti . . f . 1 . h d. d . . I .
. ·38 of the Act provides m any procee m g or restitution o conJuga ng ts an JU 1cia separation
Sectioll~t of marriage and divorce that the District Court may, from time to time, pass such interim orders
or. dnu. 1ke Y such provisions m
· th e decree as 1t
· may seem to 1t · be Just
· and proper wit· h respect toth e custod y,
811
. mt anance and education of minor children, consistently with their w ishes wherever possible, and may,
main
ft the e decree, upon an app 11cat10n . . .c-LOr t h e purpose, mak e, revok e, suspend or vary, from time
· · b y pet1t1on .
8
~~ne all of such orders and provisions w ith respect to the custody, maintenance and education of such
~~iildre~ as might have bee~ made by such decree or interim orders in case the proceedings for obtaining
such decree, were still pendmg.
However, the application with respect to the maintenance and education of the mino r children during the
proceeding, shall, as far as possible, be disposed of within 60 days from the date of se_rvice of notice on
the respondent.
Maintenance under Section 125 of the Criminal Procedure Code :-

A Muslim wife can apply for her maintenance to the Court under S.125 of Criminal Procedure
Code. And the Court may order the husband to pay a monthly maintenance allowance her.
In Bai Tahira vis. Ali Hussain, 1979 S .C 175, the Supreme Court has held that, a 'divorced
Muslim Wife' is entitled to apply for maintenance under the Criminal Procedure Code.
Again the Supreme court in 1985, in Shah Bano's Case observed. "These provisions (Cr.P.C.) are too
clear and precise to admit of any doubt or refinement. The religion professed by the spouse or spouses has
no place in the scheme of these provisions. Whether the spouses are Hindus or Muslims, Christians or
Parsis, pagans or heatens, is wholly irrelevant in the application of these provisions".
The wife, who is unable to maintain herself, is entitled to claim maintenance.. The term 'wife' includes a
woman who has been divorced by, or has obta-ined divorce from her husband and has not remarried - [
Explanation (b) to S.125 (1) J.
It is on the basis of the above provision that, t he Supreme Court granted maintenance to Shah Banu in the
~ear_ l985. The decision was welcomed by many rationalists in the country. But, unfortunately and
ironically, several orthodox Muslim organizations protested against the decisions. And inorder to nullify
~he effect of the judgement of Shah Banu's Case, the then Government came w ith the enactment "Muslim
bVomen (Protection of Rights on Divorce) Act, 1986". Still the divorced Muslim wife can prefer to opt to
t:r;~veme~ by S~cti_o~ 125 ~f_the C r.P .C. accordi ng to the provisions of the Act. lt has now been settl_ed
·.-, gh. senes ofJUd1c1al dec1 s10ns of the High Courts that the above Act does not take away the Muslim
w11es n h .
In · g t to maintenance under S. 125 of the Code.
hel!ecretary, _Tamil Nadu Wakf Board vis. Syed Fatima Nachi, ( 1996) 4 SCC 6 16, the Supreme Court
th
u d at, a divorced Musl im w ife whose parents or relatives are incapable of maintaining her as required
n er her pe . . _ . .
F' rsona 1 law, can straightaway apply to the State Wakt Board for mamtenunce.
11
Qi in~ Y the text of 'Muslim ' says _ ''Wa Iii Muttala Katay Mata un Bil Marufe Haggan Aloi J\4wa
then~u; which means, "Maintenance should be provided to the di vorced w ife on reasonable sca le. This is
T Y_ of the righteous"
he girl is · · · · · 1· · ·1
their fr• considered to be the 'blessings of Al lah'. Even today, w hen g irl 1s born m the Mus 1111 lairn y,
1 nd
appre . e s and relations they congratula te a nd greet the parents of new born daughter. They also
c1ate th p ' . .. . ·, h
Prayed Al e rophet Muhammad by saying that "O prophe t ol the A llah, we s,1 l utc you. It 1s you w o
lah t 0 bl . . . . '
Isla=· ' ess thi s family with a g irl" .
" l is the r 1· . . . .
e 1g1on which has acknow ledged daughters share m the prope rty.
Law Relating to Women & Children. 108. Author Prof. Prakash K. Mokat.
Law of Inheritance and Succession for the prope r tv of the Hindu Fema le under Sections 14, 15 a
16, and -.!!!!
Law of Inheritance and Succession for the propertv of the Hindu Child under Section 10 and 20 f
the Hindu Succession Act, 1956 : - JL
S. 14: Property of a female Hindu to be her absolute property -

(/~ Any property possessed by a female Hindu, whether acquired before or after the commencement of
this Act, shall be held by her as a full owner thereof, and not as a limited owner. .
Explanation -
In this sub-section, "property" includes both, movable and immovable property acquired by a female
Hindu by inheritance o: devise, or at a partition, or in lieu of ~rrears of maintenance'. or by gift from any
person, whether a relative or not, before, at or after her mamage, or by her own skill or exertion, or by
purchase or by prescription, or ip any other manner whatsoever, and also any such property held by her as
stridhana immediately before the commencement ofthls Act.
(2) Nothing contained in sub-Section (1), shall apply to any property acquired by way of gift or under a
will or any other instrument or under a decree or order of a civil court or under an award where the terms
of the g ift, will or other instrument or the decree, order or award prescribed a restricted estate in such
property.
S. 15: General rules of succession in the case of female Hindus -

(/) The property of a female Hindu dying intestate, shall devolve according to the rules set out in Section
16 -
firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the
husband;
secondly, upon the heirs of the husband;
thirdly, upon the mother and father;
f ourthly, upon the heirs of the father; and
lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section ( l ), -
any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any
son or daughter of the deceased (including the children of any predeceased son or daughter), not upon the
other heirs referred to in sub-Sect ion ( 1) in the order specified therein, but upon the heirs of the father;
and ·
any properly inheri ted by a fema le Hindu from her husband or from her father- in-law shall devolve, in the
absence of any son or daughter of the deceased (incl uding the children of any predeceased son or
daughter), not upon the o ther heirs referred to in sub-Section ( J) in the order_specified therein, but upon
the heirs of the hu!>hand.
S. 16: Order of succcs~ion and manner of distribution amon g heirs of a female Hindu - .
The order of succession among the heirs referred lo in Section 15, sha ll be, and the distribution ot tbe
intestate ' s property among those heirs shall take place according to the follow ing rules, namely:-
Ru/e J. - Among the heirs specified in s ub-section (I) of Section 15, those in one entry shall be
preferred to those in any succeeding entry, and those incl uded in the same entry shall take s imulta?eous:~
Rule 2. - If any son or daughter of the intestate had predeceased the intestate leaving his or :e
own children ali ve at the ti me of the intestate' s death, the children of such son or daughter shall ta
between them the share whi ch such son or daughter would have taken if living at the intestate's death-
yzw Relating to Women & Children. 109. Author - Prof. Prakash K. Mokal.
Rule J. - The devol ution of the property of the intestate on the heirs referred to in clauses (b), (d)
d ( ) of sub-section (I) and in sub-section (2) of Section 15, shall be in the same order and according to
a; :me rules as would have applied if the property had been the father's or the mother's or the
~u:bsand's, as the case may be, and such person had died intestate in respect thereof immediately after the
intestate' s death.
c parceoary and inheritance right of Hindu child : -

T~e traditional age-old concept of a Hindu copracenary was a male dominated concept where only sons,
grandsons and great grandsons acquired by birth, an interest in the coparcenary property by birth, and
where females cannot be coparecenars (Mitakshara Law); and where sons do not acquire any interest in
the coparcenary property by birth and females can be coparceners (Dayabhaga Law).
A Hindu joint family was a wider expression than a coparcenary; and the following three important
features of a Hindu joint family distinguished it from a coparcenary -
(1) The indefinite number of members in a Hindu joint family;
(2) The inequality of the rights of such_members. some having an interest in the joint family property
and others having only a right to be maintained: and
(3) The inclusion of females in the joint family.
It is also to be remembered that, although, every coparcenary must have a common ancestor to start with,
it is not necessary that every coparcenary is limited to four degrees from the common ancestor, i.e. the
original holder of the coparcenary property. Such a person would be a coparcener if he can demand a
partition of coparcenary property; If he cannot demand partition, he cannot be reckoned as a coparcener.
The general rule of Hindu law is that, the pattition can be demanded by any member of a joint family who
is not removed more than four degrees from the last holder of the property, however remote he may be
from the last holder of the property i.e. the common ancestor.
Thus, only sons, grandsons and great grandsons of the holder of the property, took an interest therein by
birth, and any other descendant who was further than three degrees from him. In other words, so long as
the common ancestor was alive at the time of the death of such an ancestor. If no such person is alive at
the time, the undivided interest of the common ancestor would pass by survivorship to his brothers,
nephews, etc.
S. 6: Devolution of interest in coparcenary property -

Whe_n a male Hindu dies after the commencement of this Act, having at the t ime of h:s death an interest in
a M~t~kshara coparcenary property, his interest in the property shall devo lve by survivorship upon the
survi_vmg members of the coparcenary, and not in accordance with this Act:
Provided that, if the deceased had left him surviving a female relative specified in Class I of the Schedule
~r a male_ relative specified in that Class who claims through such female relative, the interest of the
t:ceased 10 the Mitakshara coparcenary property shall devolve by testamentary or intestate s ucc~ssion, as
Ee case may be, under this Act and not by survivorship.
xplanation I _ ·
F .
th
st ~ purpose of this Section, the interest of a Hindu Mitakshara coparcener, shall be deemed to be the
t
in:t the property that would have been allotted to him if a partition of th~ property had taken place
ExpJe tat:ly before his death irrespective of whether he was entitled to c laim partition or not.
anation 2. _
Nothing c0 t . .
sepa ~ amed m the proviso to this Section, sha ll be construed as enabling a person who has
intes::~ed himsel~ from the corparcenary before the death of the deceased or any of his he irs to claim on
Ya share m the interest referred to therein.
~ Dist ta·bution
· of property among heirs in C lass I of· the Schedule -
Law Relating to Women & Children. 1H). Author-Prof. Prakash K. MokaL
~
The property of an intestate, shall be divided among the heirs in Class I of the Schedule in accorcta
with the following rule :- . nee
Rule I. The intestate's widow, or if there are more widows than one, all the widows together, shall take
one share.
Rule 2. The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3. The heirs in the .branch of each predeceased son or each predeceased daughter of the intestate
shall take between them one share.
Rule 4. The distribution of the share referred to in Rule 3 -
(i) among the heirs in the branch of the predeceased son, shall be so made that his widow (or widow
together) and the surviving sons and daughters gets equal portions; and to the branch of his predecease~
sons get the same portion.
(ii) among the heirs in the branch of the predeceased daughter, shall be so made, that the surviving sons
and daughters get equal portions.
S. 20: Right of child in womb -

Child who was in the womb at the time of the date of an intestate and who is subsequently born alive
• . I
shall have the same right to inherit to intestate as if he or she had been born before the death of the
intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death
of the intestate.
Law of Guardianship under the Hindu Minority and Guardianship Act, 1956 :
S. 6: Natural guardians of a Hindu minor -

The natural guardians of a Hindu minor, in respect of the minor's person, as well as, in respect of the
minor's property ( excluding his or her undivided interest in joint-family property), are -
(a) in the case of a boy or an unmarried girl - The father, and after him, the mother, provided that, the
custody of a minor who has not completed the age of five· year, shall ordinarily be with the mother;
(b) 1n the case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her the father.
(c) in the case of married girl, the husband: .
Provided that, no person shall be entitled to act as the natural guardian of a minor under the
provision of this Section -
i) if he has ceased to be a Hindu, or
ii) if he has completely and finally renounced the world by becoming a hermit (vanaprashtha) or
an ascetic (yati or sanyasi).
Explanation -
Tn this Section, the expressions "father" and the "mother"do not include a step-father and a step·
mother.
S. 7: Natural guardianship of adopted son - d

T he n~tural guardians?ip of an adopted son who is minor, passes on adoption, to the adoptive father, all
after 111m, to the adoptive mother.
S. 8: Powers of natural guardians - · II

(1) The natural guardian of a Hindu minor has power, subject to the prov isions of this Section, to d~ a
. h . 011,
acts w h1c are necessary or reasonable, and pro per for the benefit of the minor or for the reahza11 I
50119
protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a per
covenant.
Law Relatin to Women & Children. 11 l. Author- Pro. Praka.Yh K. Mokal.
i) The natural guardian shall not, without previous permission of the Court,-
~;b:~~ise,
() ortgage or charge. or transfer by sale, gift, exchange or
any part of the immovable property of the ~inor, or
(b) lease any part of such property for a term exceeding five years or for tenn extending more than one
eyond the date on which the minor will attain majority.
year b .
(J) Any disposal of immovab~e property by a ~atural guardian, in c~nt~avcntion o~ s ub-section ( 1) or sub-
section (2), is voidable at the instance of the mmor or any person clannmg under him.
( ) No Court shall grant pe?11ission to the_natural guardian to do ~y of the acts mentioned in sub-section
4
(2) except in case of necessity or for an evident advantage to the mmor.
(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for
obtaining the permission of the Court under sub-section .(2) in all respects as if it were an application for
obtaining the pennission of the Court under Section 29 of the Act, and in particular, -
(a) proceedings in connection with the application shall be deemed to be proceedings under the Act
within the meaning of Section 4-A thereof.
(b) the Court shall observe the procedure and have the powers specified in sub-sections (2), (3), and (4) of
Section 31 of the Act: and
(c) an appeal shall lie from an order of the Court refusing permission to the natural guardian to do any of
the acts mentioned in sub-section (2) of this Section to the Court to which appeals ordinarily lie from the
decisions of that Court.
(6) In tbjs Section, "Court" means, the city Civil Court or a District Court or a Court employed under
Section 4-A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose
jurisdiction the immovable property in respect of which the application is made is situate, and where tJ1e
immovable property is situate within the jurisdiction of more than one such Courl means, the Court with
the Local limits of whose jurisdiction any portion of the property is situate.
S. 9: Testamentary guardians and their powers:

{I) A Hindu father entitled to act as the natural guardian of his minor legitimate children, may, by will,
appoint a guardian for any o f them in respect of the minor's person or in respect of the minor's property
(other than the undivided interest referred to in Setion 12) or in respect of both.
(2) An appointment made under sub-section (1 ), shall have no effect if the father predeceases the mother.
but shall revive if the mother dies without appointing, by Will, any person as guardian.
(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu
;oterentitled to act as the natural guardian of her minor legitimate childre n by reason of the fact that the
t~t er.has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of
Se 1?100 r's person or in respect of the minor's prope rty (othe r than the un<..livided inte rest referred tl) iu
ect,onI 2 ) or in respect of both.
4
~ ) A_ Hindu mother entitled to act as the natural guardian o f her minor illegitimate c hildren, may, by Will,
PPomt a guard.ian '"1or any o f lhe m 111
or· . respect of the minors
. . rcspc<.:t o I' IIw 1111mH·
, person o r 111 . .s property
m respect of both.
~]/h,e guardian so appointed by Will, has the right to act as the minor's guardian alh:r the death of the
this :c~ ;ath er, or mother, a s the case may be, and Lo ~~ercise a ll the ri?~ts ~ff a _natural gu_ardian t~nder
0 such extent and subj ect to such restrictions, 1f any. as are spcc1 f 1ed m this Ad and in the wil l.
Law Relati11 , to Women & Children . 112. Author - Pro. Prakash K. Mo/{QL
(6) The right of the guardian ~o appointed by Will, shall, w here the minor is a girl , cease on her marriage,
S. 10: Incapacity of minor to act as guardian of property - .

A minor shall be incompetent to act as guardian of the property of any mmor.
S. 11: Defacto guardian not to deal with minf r's proper!Y - . .

After the commencement of this Act, no person shall be entitled to d1spos_e of, or deal_with the property of
a Hindu minor merely on the ground of his or her being the defacto guardian of the mmor.
Transfer by defacto guardian -
Oefacto guardian leased out minor's agricultural lands to his uncle N. Uncle N being in possession
of land as Iesee, applied under Ss 46 and 49 (A) of Bombay Tenancy and Agricultural Lands (Yidarbha
Region) Act, 1958 for conferment of ownership of the land. It is held that, grant of lease was hit by S. 11
and hence, application of Uncle N was-liable to be dismissed - Ganayya vis. Radhabai, 1997, (11) S.C. '
332.
S.12: Guardian not to be appointed for minor's undivided interest in joint family property-
Where a minor has an undivided interest in joint-family property, and the property is under the
management of an adult member of the fami ly, no guardian shall be appointed for minor in respect of
such u ndivided interest:
Provided that, nothing in this Section shall be deemed to affect the jurisdiction of a High Court to
appoint a guardian in respect of such interest.
S. 13: Welfare of minor to be paramount consideration -

(]) In the appointment or declaration of any person as guardian of a H indu minor by a Court, the welfare
of the m inor shall be the paramount consideration.
(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law
relating to guardianship in marriage among Hindus. If the Court is of opinion that his or her guardianship
will not be.for the welfare of the minor.
Custody of minor -
The question of custody of minor arises mainly w hen divorce takes place. Even though, minor is mer~ly5
years old and if father of the m inor child is natural guardian, yet, whi le g iving custody of minor,
paramount importance is the interest and welfare of the m inor. Section 6 cannot supersede paramount
consideration as to what is conducive to the welfare of the minor. The traumatic experience of 3
conviction on a crim inal charge is not a factor in favor of father. When father is a man, w ithout character
and in the background of the facts and circumstances, the affl uence cannot be regarded as a circumst~~~
in favour of the father. At any rate, it cannot be said that it wi ll be less fo r the welafare of the minor if he
li ved with the mother, whose income, if not cons ide rably la rge, is not so low as not to e nable her to t~e
responsible care of the boy. The boy should be in the custody of the mother - Su rinder Kaur Sandhu l's.
Harhax Singh Sandhu, 1984 (3) S.C.C. 698 and Pus hu Singh vis. lnde rjit Singh, 1990 Supp. s.c.C. 5J.
°
T he ord~rs relating .to cu.stody of c hildre~ a rc by their very nature not final , but arc interlocutory in 81:
and subJect to mod1ficat1on, but c hange m custody mus l be proved to be in the pa ramount interest of
child - Jai Prakash Khadriu vA. S hyam Sunder Agunvallu, AIR 2000 S.C. 2172: JT 2000 (6) S.C. 54 ·
8
Guardianship under the Guardians and Wards Act, 1890 :

Section 4 (2) of the Guardians and Wards Act, 1890 states -
IJ3. Author Pro. Prakash K. Mokal.
Law Relatin
· to Women & Children .
'guardian' means a person having the care of the person of a minor or of his property or of both, his
erson, and property. . . . .
P plications for the appointment ofa guardian of the pe rson or of property or both (even of a Mus lim
A.11 a~) will have to be made under the provisions of the Guardians and Wards Act, 1890.
;~:ocourt
a
on applicat!on on behalf ~f the minor or even on its ow:n motio~ i.e. ~uo mo~o, may appoint a
dian, and in making such appomtment, shall take the followmg cons1derat10n - (1) Welfare of the
;~~~; (ii) Age of the _child; (ii~) Sex of the ~hild; -~iv) ~eligion of the child; (v) Character of the proposed
rdian; (vi) Capacity to mamtam the ch1ld; (vu) Wishes of the deceased (wherever applicable); (viii)
gua
Preference of the minor, 1·f mmor
· · suffi1c1ent
1s · Iy mature.
The powers of the guardian~ appointed _b:y the Court (Certified G~ardian) under the p~ovisions of this Act,
will be (1) in accordance with the prov1s10ns of the Act, and (2) m terms of the appointment made by the
Court. Neverthless, such a guardian has the power to alienate the movable and immovable property of the
minor. In case of immovable property, the Ce1iified Guardian will have to obtain the previous permission
of the Court for such alienation, gift, transfer, exchange, etc. The Court will grant such permission only in
case of necessities, such as, food, clothing, etc. and in the interest of the minor. The Certified Guardian,
however, cannot grant lease to anyone, any p art of the property without the Court's permission : (i) for
more than an year or beyond the date on which the minor ceases to be minor, whichever is shorter. (ii) a
Certified Guardian can refer the dispute to arbitration with the permission of the Court. However, if
pe1111jssion is not taken, it is merely an irregularity and not an illegality as held in Saidunnisa vis.
Ruquiyya Bibi [(19 13) I.L.R. AI1 458].
Muslim Law (relating to Children and Women) of Marriage, Dower,

Divorce, Maintenance and Guardianship :
DEFINITION OF MARRIAGE:
"Marriage or Nikah is a contract, which has for its object, the p;ocreation and the legalisation of children"
-Mulla.
~Srice Mahmmood in Abdul Kadir v/s. Salima (1886), 8 All. 149-154, observed "Marriage among
aho~edans is not a sacrament, but purely a civil contract".
A mamage may be valid (sahih), or irreguler (fasid), or void (batil).
E_SSE~TAILS OF A VALID MARRIAGE:

Following are th e essentials
. of Muslim Marriage:
l) PROPOSAL
Th AND ACCEPTANCE (Eiab-o-qubul):
~f
(qu::~/hould be a proposal (ejab or declaration) mad~ by ?n~ party to the m_arriage and acceptance
~XDrf':<:c-.. Such proposal by the other party to the marriage. fh1s proposa l and its acceptance, must be
~ a t one meetmg
Witn · ·
and in the presence of two ma le w itnesses, or one ma I e an d two 1·ema Ie
~The who must be sane and adult Mahomedans (Hanaft Law).
inte fwo r<ls or language of the proposal must be clear and unambig uous . Words must s how clear cut
ace;~~: to_es,tablish conjugal relation . The usual form of proposal is, " I have married myself to you" the
ce is I have consented' . Not like, ' I w ill marry', or "l may marry", etc.
114. Author - Pro. Prakash K. Moka/.
.
t Of mamage . ob tame
1s • d b Y £orce or fraud' the marriage is invalid, unless C
When consent to a contrac . d. b regularised by subsequent consent.
ratified. The marriage becom~s _megular an it ~an e tial for a valid Muslim marriage. The presence of
. .. religious ceremony, 1s essen . .h .
Neither wntmg, nor. any h · e than a mere matter o f evidence·, for , a marrtage wit out witness
~
is
witnesses, however, ts not mg m~r .d) d S . law. Under Shia law, the presence of witnesses is
f asid (irregular) only, and not batzl (vm un er unm -
not even necessary.
Which of the following statement is correct:
a. Under Shia law, the presence of witnesses is not necessary.
b. Under Shia law, the presence of two witnesses is n~cessa1?'.
Under Shia law, the presence of atleast one male w1tness •~ necessary_. . .
~-- Under Shia law, the absence of witnesses renders the mamage as fas rd but not batzl (v oid).
2) CAPACITY TO CONTRACT MARRIAGE :
A) Competent parties: . .
Every Mahomedan of sound mind and who has attained puberty, may e~ter mto a contract of ma~age.
A Mahomedan girl of 15 years who has attained the age of puberty 1s competent to marry without the
consent of her parents. - Mohd. Idris vis. State of Bihar, 1890, Cr. L.J. 764.
1. Puberty : (bulugh):
i) Puberty is a physical phenomenon to be ascertained by evidence.
ii) In the absence of evidence, it is generally presumed that a person who has completed 15 years of age
has attained puberty.
iii) The Judicial Committee of the Privy Council has observed that, the earliest age of puberty in case of a
girl is 9 years - Sadiq Ali Khan vis. Taj Kishori, (1928), 30 B.L.R. 1346. There Lordships were no doubt
referring to the passage in the Hedaya that, "the earliest period of puberty with respec t to a boy is twelve
years, and with respect to a girl is nine years".
iv) Puberty is the period of life at which persons become capable of begetting or bearing children.
A boy or a girl who has attained puberty. is at liberty to marry any one, he or she likes, and the
guardian has no right to interfere. (Miya bibi razi to kya karega kazi ?).
B) Marriage of Minors or Lunatics :

Lunatics and minors who have not attained puberty, may be validly contracted in marriage by their
respective guardians.
If the bride is a minor, she ca~not appoint an agent or vakil to enter into the contract of marriage on her
~~~~If. The consent must be given by her legal guardian. J ogu Bibi vis. Mesel Shaikh, ( 1936), 63 Cal. LJ
Guardianship in marriage (Jahr) :

The ri ht of a uardian to contract a minor in marria e is called •·abr' d' h. . • . This
. . uar ians i m marr1a e •
nght belongs s~ccess1vely to the_ I) father, 2) paternal grandfather [(i.e. fathe r' s fath er] ) brother and
3
other male relations on fathers' side, 4) ln the, a bsence, of paternal relations , the right d;volves upon the
mother, maternal uncle or aunt and other maternal relations within the . h'b• d d
prn 1 1te egrees .
Marriage _b rought about by father or paternal grandfather : .
When a mmor has been contracted in marriage by the father or father' f: th _ h ·age iS
l"d db' d' d · s a e1 , t e contract of marn
va l an m mg, an it cannot be annulled by the minor on attainin . b f: ther or
father's father has acted fraudulent! r . g pu erty. But where a a tbe
Y or neg 1gent1y, as where the mmor is married to a lunatic, or
Lotti Relating to Women & Children . 115. Author - Prof. Prakash K. Mokal.
=----
is manifest disadvantage of the minor, the contract is voidable at the option of the minor on
contracI 10 . ) .
. ing puberty (opt10n of puberty - Azrz Bano vis. Muhammed, ( 1925), 47 All.823.
attain In the above said case, it may be noted here that, now under Section 2 of the Dissolution of
~ lim Marriages Act, 1939, the minor girl can repudiate her marriage before she attains the age of
~. u:teen years, provided marriage is not consummated. (See Chapter - VI "Divorce/Talak" given in the
;~ok "Family Law - I" by the Author).
Marriage brought about by other Guardians :
~ption of Pubert( (Khyar-ul-bulugh~ : . '
When a marriage 1s contracted for a mmor by any guardian, other than, the father or father s father, the
miimr has the option to repudiate the ma1Tiage on attaining puberty. This is technically called the "Option
of Puberty·•(Khyer - ul-bulugb).
The right of repudiating the marriage is lost, in the case of a female, i) if after attaining puberty,
and ii) after being informed of the marriage and of her right to repudiate it, she bas not repudiated it
within reasonable time. The Dissolution of Muslim Marriages Act, 1939. however, gives her the right to
repudiate the marriage before attaining the age of eighteen years, provided that, she was given in marriage
before she was 15 years of age, and that the marriage has not been consummated. But in the case of a
male. tbe ri!!ht continues until he has ratified the marriage either expressly or impliedly as by payment of
dower or by cohabitation.
(Situation based problem can be asked on the above underlined portion).
Repudiation under the Dissolution of Muslim Marriages Act, 1939.

B, the Dissolution of Muslim Marriages Act, 1939, all restrictions (under the ancient Mahomedan law as
above stated) on the option of puberty in the case of minor girl whose marriage has been arranged by a
father or 1rrandfather, has been abolished, and u/s. 2 (vii) of this Act a wife is entitled to the dissolution of
her marriage if she proves the fo llowing facts,
namely.
µ the marriage bas not been consummated;
~~! the marriaee took place before she attained the age of 15 years, and
in~she _has repudiated the marriage before attaining the age of 18 years.
(Srtuatton based problem can be asked on the above underlined portion).
.Effect of repudiation:
The ~ere exercise of the option of repudiation does not operate as a dissolution of the marriage. The
~pu~iatio~ must be confinned by the Court. Until then the marriage subsists, and if ei ther party to the
marriage dies, the other will inherit from him or her, as the case may be.
~A_B~E CE OF IMPEDIM ENTS:

1rd
rnae ~h essential of a Muslim marriage is that, there should be no impediments or prohibitions to the
A) ~i: ge of the parties. These impediments are of two kinds :
B) R~ol_ute prohibitions : Which render the marriage void (hiltil), and
Void~ atrve prohibitions : which render the marriage merely in valid or irregular (/(1sid), but not
--.;.:::•
~) &_olute Prohib't' .
t) Proh'b'
1 . • ions .
worn ltion on the ground of Plurality of Husbands (poly~111dry): II is nol lawl'ul for a Mahomcdan
alive :n ~o have more than one husband al the same time. A marriage with a woman, who has her husband
n who has not been divorced by hi m, is void.
law Relati11g to Wome11 & Children. 116. Author - Prof. Prakash K. Mok l
~
A Mahomedan woman marrying again in the life time of her husband is liable to be punished U/s.
49
of the fndian Penal code. The off-spring of such marriage is illegitimate and cannot be legitimated b~
acknowledgement. ·
(Sec Chapter VII "Acknowledgement of Paternity" given in "Family Law - I " Book by the Author).
ii) Prohibition on the ground of Consanguinity:
A man is prohibited from marrying - 1) his mother .or grandm~ther ho~ hi~hsoever; 2) his daughter
how lowsoever; 3) his sister whether full, consangume or utenne; 4) hls niece or great niece how
lowsoever; and 5) his aunt or great aunt how highsoever, whether paternal or maternal.
A marriage with a woman prohibited by reason of consanguinity is void.
iii) Prohibition on the ground of Affinity:
A man is prohibited from marrying - 1) his wife' s mother or grandmother how highsoever; 2) his wife's
daughter or grandmother, how lowsoever; 3) the wife of his father or paternal grandfather how
high soever; and 4) the wife of his son, or his son' s son or daughter's son, how lowsoever.
A marriage with a woman prohibited by reason of affinity, is void.
iv) Prohibition on the ground of Fosterage:
Where the relationship of fosterage is established, Mahomedan law prohibits the marriage within certain
limits. A man may not, for instance marry his foster mother (care taker mother in the absence of real
mother, because suckling is regarded as equal to the act of procreation), or her daughter i. e. his foster
sister.
A marriage prohibited by reason of fosterage, is void.
B) Relative Prohibitions:
i) Absence of witnesses:
A marriage contracted without witnesses as required under the law is irregular, but not void.
ii) Number of wives:
A Mahomedan may have as many as four wives at the same time, but not more. If he marries a fifth w.ifu
when he has already four, the marriage is merely irregular but not void.
iii) Marriage with a woman undergoing iddat: .d
A marriage with a woman before completion of her iddat, is irregular and not void. "Iddat" is a peno
of chastity during which it is incumbent upon a woman, whose marriage has been dissolved by divorce or
death, to remain in seclusion, and abstain from marrying another husband. The abstinence is imposed~~
ascertam . pregnant by the former husband, or her deceased hus b an d so as to avo1·on
. w I1eth er sh e 1s
confusion of the parentage. "lddat period" is defined under "The Muslim Womens Act, 1986 (Protectl
of Rights on Divorce). ·
a) l_ddat period in ~ase of Div.orce: :Vhen. the marriage is dissolved by divorce, and l_) If the wo~~ :~
subJcct to '.11en~tr~at1on , the penod of 1ddat 1s three menstrual courses after the date of divorce; 2) I~od till
not so subJcct, 1t 1s three lunar months after divorce; 3) lf the woman is pregnant at the time , ~
she delivers the child. ,as
1f the marriaL!.e was dissolved b v divorce. she is bound to observe iddat only if the m ~
consummated ; if there was no consummation, there is no iddat, and she is free to marry imme~·
ISituatio11 based problem can be asked on the above topic a)I . foll!
b) lddat period in case of Death: When marriage is dissolved by death, the ~
mo~llhs ~~d ten d~ys. If the ~ om.an is regnant at the time the iddat lasts for four months and te~;ge iS
until dell\ery. whichever penod1s longer-Jhandu vis. Hussain Bibi (1923) 4 Lah. 192. If the rn
d. I db d · . ' d r not,
isso ve Y eath, the wife is bound to observe iddat, whether the marriage was consummate 0
aw Relating to Women & Children. 117. Author Prof. Prakash K. Mokal.
L
~
irldddatt 12!
-r1.o ~riod of divorce commences from the date of the divorce and that of death from the date of
~ )
death. bJ
~ tion based pro em -
fu!!!!-A marriage party was returning fr?m Pune to Mumbai after marriage, on the way their bus met
. accident and unfortunately, the bnde-groom died in an accident. -
with an ' · f
a) Should wife observe 1ddat? I not, why? If yes, why?
b) What do you mean by the term iddat ?
c) Under what cir~umsta_nces ~ife has to ?bserve iddat ?
d) What is the penod of 1ddat m case of d1vorce ?
··Valid Retirement" (Khilwat-us-sahih) :

\\nien the husband and wife are alone together which present no legal, moral, physical impediment to
marital intercourse (i.e. marital intercourse is perfectly possible when they so stay together), they are said
10 be in "Valid Retirement" i.e. Khilwat-us-sahih. There is a legal presumption that, when the parties to
the marriage (husband and wife) are in a state of valid retirement, their marriage is deemed to have been
conswnmated.
A valid retirement in the Sunni law has the same legal effect as actual consummation, as regards
observance of iddat, establishment of paternity, dower, bar of marriage with wife's sister (but not with
wife's daughter or reman-iage between divorcees i.e. marriage is possible if there is no acrual
conswnmation, though there may be valid retirement).
i\') Unlawful conjunction:
A man is forbidden to have two wives at the same time, so related to each other by consanguinity,
affinity or fosterage, that they could not have lawfully intermarried with each other if they had been of
difference sexes. Thus, a man cannot many two real sisters, or an aunt and her niece at the same time. But
notbinE! prevents a man from manying a real sister of his wife after the death of his wife.
The bar of unlawful conjunction renders a marriage irregular, not void.
(This point includes consanguinity, affinity or fosterage discussed above).
v) Difference of Religion:
A Mahomedan male may contract a valid marriage not only with Mahomedan woman, but also with a
:Kitabia' (a woman who refers to a Kitab i.e. Bible or Taurat), that is a Christian or Jewess, but not with
idolatress (Hindu woman) or a fire worshiper (Parsi woman). A marriage, however, with an idolatress or
fu:e-worshiper. is not void, but merely irregular.
A ~ahomedan woman cannot contract a valid marriage except with a Mahomedan. She cannot contract
a vahd marriage even with a Kitabi that is a Christian man or Jew man. A marriage, however, with a
non-rnuslim whether he is a Kitabi o; non-ki~abi, that is, idolator or fire worshiper, is irregular, not void.
vi) Divorce:
th
After e husband has pronounced three Talaks against his wife, their marriage is irrevocably dissolved.
andtheyare h'b• ·1
1) Th m:o _1 ned from remarrying each other, unless and unt1 , _ . .
th ~man is lawfully married to a second man, 2) that second marnage 1s actually <.:onsummated, 3)
~ at second
arnage · has been lawfully dissolved and 4) the woman Ims o bserved t·I1e I'dca l t.
EFFEcrs
~~F VALID (Sahih ) MARRIAGE : . . . ,
h id_marnage confers upon the wife the right to dower, mamtenancc and res idence 111 her husband s
/ 1Use, imposes on her the obligation to be fa ithfu l and obedient to him, to admit him to sexual
n ercours
creates b e, and to observe the iddat. Jt creates between _parties · proh1b1tec
· · t ucgrees
·1 o f re I·at1·ons·l11p.
· It
etween parties reciprocal rights of inheritance. Bailie. 13.
Law Relating to Women & Children. 118. Author - Prof. Prakash K. Mok
-.:.!!l:.
It may be noted that, a Mahomedan husband does not by marriage, acquire any interest in his 'Wife•
property -A v/s. B ( 1896), 21 Born. 77, 84. s
EFFECTS OF VOID (batiD MARRIAGE :

A void marria e is no marria e at all. It does not create an civil rio-hts or obli ations between the art·
The offsprings of a void marriage are illegitimate. ies.
EFFECTSOFIRREGULAR(FAS/D)MARRIAGE:
An irregular marriage may be terminated by either party, either before or after consummation, by w d
showing an intention to separate, as where either party says to the other, "l have relinquished you'. ors
a) An irregular marriage has no legal effect before consummation.
b) If consummation has taken place -
i) the wife is entitled to dower, proper or specified, whichever is less.
ii) she is bound to observe iddat, but the duration of iddat both on death or divorce, is three menstrual
courses. --=
iii) the issues of the marriage are legitimate. But an irregular marriage though consummated, does not
create mutual rights of inheritance between husband and wife. --.c..:
(Situation based problem can be asked on the above underlined portion).
"DOWER"
('MAHR')
Following topics are discussed in this Chapter :

A) Definition of dower.
B) Nature of dower.
C) Kinds of dower.
D) Confimrntion of dower.
E) Remission of dower by wife.
F) Dower as a debt.
A) DEFINITION OF DOWER:
"Mahr or dower is a sum of money or other property which the wife is entitled to receive from the
husband in consideration of the marriage".
The word 'consideration' is not used in the sense in which the word is used in the Contract Act.
Consideration is one of the essentia1s of a valid contract. If there is no consideration there is no contract.
But for the purpose of a valid Muslim marriage, consideration by way of a dower is not essential. There
can be a valid Muslim marriage even there is no dower. Dower is incidental to the marriage.
B) NATURE OF DOWER : f
Mahomood J. in Abdul Kadir v/s. Salima (1886) All. 149, gives the best description. of the natur~ d
0
I
dower. He observes, - "Dower under the Mahomedan law, is a sum of money or other property pronuse
by the husband to be paid or delivered to the wife in consideration of the marriage, and where even no
dower is expressly fixed or mentioned at the marriage ceremony, the law confers the right of dower uPo~
the wife as a necessary effect of marriage. To use the language of the Hedaya, "the payment of dowe_r~:
enjoined by the law, ~erely as a t?k_e n or respect_ for its object (woman)". Therefore, t~e mention°~~~~
not absolutely essential to the validity of a marriage, and for the same reason, ~
although a man were to engage in the contract oo a special condition that there should be oo do~ J-
Law Relatin to Women & Children. 119. Author -Pro. Prakash K. Mokal.
JQNDS OF DOWER :
C) - are two kinds of dower :
There ·
l) Specified dower, and . . .

S ecified dower has been further d1v1ded mto two:
aj'Prompt dower', and b) 'deferred dower' .
2) Unspecified dower or Proper dower.
l ) §_pecified Dower :
An amount settled (fixed) by tbe parties before, or at the time of marriage, or after marriage, is
called 'specified dower'.
The husband may settle any amount he likes by way of dower upon his wife, though it may be
beyond bis means, and though nothi~g may be left to his heirs after payment of the amount. But, he
cannot in any case settle less then 10 drrhams (equal to nearly Rs.700).
If the bridegroom is minor, his father may settle the amount of dower; Sunni law (Hanafi law) says that
the father is not personally liable for the dower, but according to Shai law , he will be so liable:
SabirHussaain vis. Farzand Khan, 1937, 65IA. 119.
The husband is bound to pay the amount of specified dower, however excessive or beyond his
reach it may be. However, excessive amount may be, curtailed to a reasonable amount.
"Dower is often high among Mahomedans to prevent the husband frqm divorcing his wife, in
which case he would have to pay the amount stipulated" : Zakeri Begum vis. Sakina Begum, I 892 I.A.
Calcutta.
a) Prompt Dower and b) Deferred Dower:

i) The amount of dower is usually split into two parts, one called "prompt", which is payable on demand,
and the other called "deferred" which is payable on dissolution of marriage by death or divorce.
ii) The prompt portion o f dower may be realised by the wife at any time before or after consummation.
But the deferred dower could not be so demanded. The wife can refuse to live with her husband and admit
~~m to sexual intercourse, so long as, the prompt dower is not paid to her.
111)_In the cases where it is not settled how much of the dower is prompt and what part of it s deferred, the
Shia law holds that the whole of the dower is prompt; the Sunni law, however, holds that only a part is
12.rom_m. And this part is to be fixed with reference to i) custom , or ii) the status of the parties, and iii) the
total amount of settled dower. .
iv) Suit_for dower and limitation - If the dower is not paid, the wife, and after her death, her heirs, may
: ~or It. ~he period of limit~ti~n ~or a suit to ~ecover " prompt" dower is thre_e years from t?e date when
-h ower is demanded; and hm1tat1on for a smt to recover "deferred" dower 1s three years fro m the date
w en the marriage is dissolved by death or divorce.
2) Unsoeci·riied Dower or Proper Dower :

If -
~amount of dower is not fixed, the wife is entitled to 'proper' dower (Mahr-ul-misl), even if the
~ e was contracted on the express condition that she should not clairn any dower.
i) n etermining what is ' proper' dower, fo llowing points are taken into consideration:
ii)~nt of dower settled upon other female members of her father's family. S uch as, her father's sisters;
sue~ fixed wit~ reference to the social position of the wife's fami ly and her own persona l qualification,
~ h e r age, intellect and virtues, will also be considered (Hee.lava ).
good inThe 'Proper' dower, under the Shi a law should not exceed 500 d irhams (This law does not ho ld
the present context).
Lall' Reim;,, , to ,J ·o men & Children . 120. A uthor - Pm ~ Pralwsh K. Mokut.
(DIVORCE/ 'TALAK')
Q uestion: Explain in detail the divorce of women under the Mus lim Law.
Answer:
"DlSSOLUTION OF MUSLIM MARRIAGE"

(DIVORCE / 'TALAK')
Fcdlowing topics are Discussed in this Chapter :
C lassification o f divorce.
a ) By the death of the husband or w ife.
b) By the act of the parties.
c) By the judicial process.
C LASSIFICATION OF DIVORCE:
a) Bv the Death of Spouse;
b) Bv the Act of Parties:
i) By the Husband -
a) Talak,
b) Ila,
c) Zihar.
ii) Bv the Wife-
a) Talak-e-tafweez.
iii) By Mutual or Common Consent -
a) Khula,
b ) Mubara'at
c) Bv Judicial Process:
a) Lian,
b) FaskJ1
(u/ s. 2 o f the Di ssolution of Mu slim Marriages Ac.:1. 1939 - s taled below).
A) B y the Death of Hus band or \\life :

IL j 5 clear and natural that v,,ith the death or
hu sband o r wi Ii: the: marri agt cic l'.O m es to an c-nd. ~
wift dies. hu!>band may marry immed iately, but i11 c a se o f husband' s death widow has w ,\ ~li~
c>.pir,1 of iddat. which i~ four rnonth1> and ten da)'.li.....QU.[pregna1!1._tilldelive ry.
~Hu~lion 1Ja1>t·d probkm - ,
111 1
A rnarrii1gc parr y wa1, n.:turning fro m P11n1.: to M u111bai a lkr 111arriagc-, ~H t 1h~· WU)' chc'ir bu=-
w11!1 an accident i:lnd unfonumtlt ly lln.: bi icJc-gn>1>111 died i11 ; u1 HI..T idcnl.
a) ~houJcJ wi lt tJb1>trv1; 1ddat '! If 110 1, w hy'! If ye..,, w hy?
IJJ Wha t U IJ )'(JU meaJJ hy tl u.; t~nn iddat '!
<: ) lJ11c.li:1 v. !1a1 i.: 1rc u1m,t a11t;l;h w 1fo ltw, t<, o b1>ervc iddat ?
d) V,l !iat J:, tht pti iud o1 idd<-1 I 111 f..:W,e of di vw l'\.: '!
8) li) th e Act of Partic-~ :
1) JJ,, tht: Jw ~huml

1
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TALAK - (Repudiati~n): . " . . . ,, .

(a) ~teral se□s_e, this _Arabic wo~d means, tak111g off any tie or restramt , and m law,
.1 signifies the d1ssolutton of mamage.
An , ~fahoi!1e~an of sound _mind, who h_as attained pub~rty, may di_vorcc his wife whenever he desires
~I
~ 1~sswnmg any cause. Ahmad Kasun vis. Khatun B,b,, 1932, 59. Cal.833.
e,
T lak how effected ? -

a Talak may be effected i) orally (by spoken words) or 2) by a wtitten document called a talaknama.
No particular fonn of wm_·ds is prescribed for_effec_ting_ a tal~. If the words are express_ (saheeh) _or well
-d
un erstood as implying divorce,. no proof of mtentton 1s required. If the words are ambiguous
. (Kmayal),
tl e intention must be proved. lt 1s not necessary that the talak should be pronounced m the presence of the
\l~ife. It may be pronounced in her absence; \1/hen it comes to her knowledge, it is binding on her, and she
~upposed to observe 'iddat'.
Different modes/kinds of talak -

A talak may be effected in any of the following ways:
I) Talak-us-sunnat:
That is talak which carries the approval of the Prophet Muhammad. It may be m the most
approved form (ahasan), or simply an approved form (hasan) .
Talak ahasan (most proper talak):
This consists of single pronouncement of diver,.:-~: made during a 'tuhr' (i.e. purity, when wife is free from
her menstrual courses), during which hu~Land did not have intercourse with her, and then leaves her to the
observance of lddat.
According to Hedaya, this method of divorce is the most approved because, firstly, the companions of the
Prophet Muhammad approved of it, and secondly, because, it remains within the power of the husband to
revoke the divorce during lddat. And it becomes irrevocable and complete on the expiration of the period
of iddat.
Talak hasan (proper talak) :
This consists of three pronouncements made during successive tuhrs, intercourse should not have taken
place during any of the three tuhrs. Talak basan becomes in·evocable and complete, on the third
pronouncement. irrespective of the iddat.
2) Talak-ul-biddat :
This consists of a) three pronouncements made during a single tuhr, either in one sentence, e.g. "I
d_ivorce thee thrice", or in separate sentences, e.g. "J divorce you, I divorce you, I divorce you" or b) g
si_ngle pronouncement made during a tuhr. clearly indicating an intention to dissolve the marriage, e.g. "I
dl\'.orce you irrevocably". Talak-ul-biddat becomes irrevocable, immediately it is pronounced irrespective
Q[iddat. As the talak becomes irrevocable at once, it is called talak-i-bain, i.e. irrevocable talak. This kind
Qf talak is common in India.
fr ma ' be noted that this kind o · tri le Tala is held to be invalid bi, the ·ud ement delivered bl' the
Supreme Court in the year 20191.
(b) fLA - (vow of continence):
. In this form of Talak, the husband swears in the name of Allah that he wil l not haw s~xual
~recurse with his wife, and abstains from it fo r four months. the divorce is clTcL:tcd. Such abstinence
~hould ?e in pursuance to vow. It means, first he must swear, and secondly, he must abstain from havi ng a
~ua~ intercourse with his wife for a period of four months. Ila may be revoked by th~ husband with in
u_said period of four months, if he desires to do so.
Law Relating to Jf1ome11 & C/rildre11. 122. Author - Prof. Prakash K. Mok l
--.!!::.
Ila has been criticised by the rationalists, as according to them n o log ical explanation can beg,·
. d. b Ven
to thi s provision of divorce. The only poss ible logical reasonmg accor mg to us, can e that, whe
'k h . d
person swears over something in the name of Allah, then he must st1c . to t at swearing, an thus, respect
na
the Allah. Another reason is that, the husband under on_e pretext or the other, possess~s wide, vivid
powers of divorcing his wife, and therefore, Ila fonn of divorce as a matter of pretext, might have be
recognised during those times, when husbands, the male element dominated their wives in all matt:r:
w hich were of their interest. The customs of 'ila' is, however, more or less obsolete n ow.
(c) ZIHAR - (Injurious assimilation or comparison):

In this form, husband compares his wife to his mo~her or_ any other female within prohibited de~
of relationship. The wifo has right to refuse herself to him until he h as perfo1med penance. Cases of Zihar
are unknown in India. But the law of Z ihar has n ow received statutory recognition in Section 2 of Shariat
Act, 1937. -
(see S.2 of the Shariat Act, 1937 in "Family Law - I" Book by the Author).
Zihar acts as a moral restraint on the husband when he compares h is wife w ith his mother, sister or
any of the female relations. By moral sense, she no more remains his wife for th~ purposes of sexual
intercourse. Thus, she may refuse herself to him until h e repents and pays som e money to her.
In By the wife -
(a) TALAK- E-TAFWEEZ: (Delegated divorce):

Although the power to give divorce belon gs primarily to the husband, he may delegate the power
to the wife or to a third person, either absolutely or conditionally.
When the husband says to his wife,· "repudiate yourself', she can repudiate herself at the time so
specified by her husband. She may exercise the option at any time within the given period.
It has been held that, an agreement between a husband and his wife at the time of their marriage under
which the husband authorizes the wife to divorce him, in the event of h is marrying a second wife is a
valid agreement - Maharam Ali vis. Ayesha Khatum, 1915, 19 CWN 1226. '
The power o f divorce may be delegated by the husband to the wife either before or immediately after the
marriage by entering into agreement with the wife that, in case if husband fai ls to fulfill h is matrimonial
duties towards his wife, she m ay give him Talak-e-tafweez.
There are three fonns of tafweez : i) ikhtiar = choi ce, ii) amr-biyad = th e affair is in your hands, iii)
mashia't = at your pleasure.
II J) By mutual Consent -
a) KHULA (Rcdemption) -
lf the mutual relati onship between the husband and w ife is not good , the wife, if she so des ires, m ~
a Khula divorce, e.g. by relin quish ing her c laim to the dower. The husband may accept it or refuse_i!JI.Q.Q!!
the consideration of dower and grant th e divorce to her.
A husband may s imil arly seek a Khu la divorce, the wife may accept it or refuse it. If she accepts, it ineal1S
that, s he has reli nqu ished the right to get dower from her husband. Kluila may be for any consi d ~
dower, money, property, etc. th
Mulla, the au thority on Mahomcdan law says that, Khula is at the instance of the w ife only, ao<l e
hus band cann ot propo!>e Khuli:1. '
Wife's failure to pay the considcra~i on ag_rec~I upo~ in ~1 Khul_a divorce, does not invalidate the di_vor~;;
so as to enable the husband to sue for rcst1 tut1 on of conJugal righ ts, but on ly entitles him a) ~
1
release of dower, or b} to sue for any money or properly d ue under the agreement of Khu la.
Relating to Women & Children . 123. Author-Prof. Prakash K. Mokal
b9!f--
h leading case on Khula divorce is Moonshee Buzul Rahim vis. Huteefut-oon-Nissa, 1886, 8, MIA
; ~ord Kingsdown). In this Case'. it was ob~erved tha~, a divorce by ~hula '.s at once c~mplete from
37 ( ent when the husband repudiates the wife. There 1s no period dunng which such a divorce can be
~
repudiated.
J,;;
b MUBAM'AT (Mutual Freeing).,.. . . .
the divorce is effected by mutual consent of the husband and wife, 1t 1s known as mubara'at 1.e.
fr eino one another mutually.
.
7ha~ been held in a Pakistani case of Sayeeda Khanum vis. Muhammad Sarni, PLO 1952, (WP) Lah.
/ 3 that, such matters as, incompatibility of temperaments, aversion or dislike, cannot fonn a ground for a
1
wife to seek dissolution of her marriage at the hands of a Kazi or Court, but only they fall to be dealt with
under the power possessed by the husband, as well as, the wife under Muslim law, that is, "the capacity of
making a Khu la or Mubara' at divorce".
Difference between Kbula and Mubara' at is that, when the aversion is on the side of the wife, and
she desires a separation, the transaction is called Khula. When the aversion is mutual, and both the sides
desire a separation, the transaction is called mubara'at.
Kbula and mubara'at are irrevocable divorce. Iddat becomes necessary for wife, and she is entitled to
maintenance during the period of iddat.
C) By Judicial Process :
[) LIAN (Mutual Imprecation):
The wife is entitled to sue her husband for a divorce on the ground that her husband has falsely charged
her with adultery. At the hearing of the sui, the husband had two alternatives :
i) he may retract the charge before the end of the trial, in which case the wife could not get divorce, or
ii) be may persist in his attitude, whereby he will be required to accuse his wife on oath. This is followed
by oath of innocence made by the wife.
After these "mutual imprecations", Cowt dissolves the marriage.
If the husband's charge of adultery against his wife proved to be correct, the wife's action for divorce
fails. ·
II) FASKH (Judicial Annulment):

Faskh means, 'annulment'. It refers to the power of 'Kazi'. 1n India, it refers to the power of the
law courts to annul a marriage on the application of the wife. In India, such judicial annulments are
governed by Section 2 of the Dissolution of Muslim Marriage Act, 1939. It is as fo llows :-
T~e Act came into force on the 17th March, 1939, and lays down the follow ing grounds of divorce on
~vhich only wife can seek a decree of divorce that the -
~~ Mlereabouts of the husband have not been known for a period of 4 years.
~~~)f~iture of the husband to provide maintenance of the wife for a period of2 years.
Ill 1mp .
, - nsonment of husband for 7 years or more.
iv) fui!ure of the husband to perform without reasonable cause his marital obligations for a period of 3
~-
v\~ ncy of the husband at the time of marriage, and continues to be so, after the marriage.
vd~ ~ of the husband for a period of 2 years or is suffering from leprosy or a virulent venereal
tsease.
v'')
11
he f:~ iat·ion ofth e marnage
· . the age· ol'· 18- years, 1·1· s I1e was married
by the w1· fe before she attams . by
th
r a er or other guardian before she was fifteen, provided, the marriage is not consummated.
viii) if the husband treats her with cruel_ty, that is to say - a) habitually assaults h~r o~ makes her life
m iserable by cruelty or conduct, even 1f such conduct does not amount to physical Ill-treatment b
associates with a woman of evil repute or leads an infamous life, or c) attempts to force her to leact )
. .
immora l li fe. or d) disposes of her prop~I1?' or prevent_s her from ~xerc1sm? her I ega I ng an
. h ts_ over it, ore)
obstructs her in the observance of her religious profess10n or practice, or t) if he has rr:iore wives than 0
does not treat her equally in accordance with the injunctions of the Quran. ne,
ix) any other grounds recognized by Muslim Law. Section 2 of. the Shariat Act_, expressly refers to Talak,
Ila, Zihar and Mubara'at and Talak-a-tafweed. Courts are entitled to grant divorce on the old grounds
recognized by Shariat.
"MAINTENANCE"
( 'NAFQA')
The obligation to maintain under Mahomedan Law arises in two circumstances:
Firstly. obligation arises on marriage. Jt is obligatory to maintain the wife and children.
Secondly, obligation arises out of blood-relationship. lt is obligatory to maintain parents and poor
dependants.
Maintenance includes food, raiment (i.e. clothing) and lodging. lt also includes other necessary expenses
for mental and physical well-being of minor children and educational expenses of minor children.
Mahomedan Law provides for the maintenance of the follow ing persons :- A) Wife.B) Descendants
(ch.ildren).C) Ascendants (parents) D) Other relations.
A) MAINTENANCE OF \VIFE :
The law of maintenance is often developed in a course of time in favour of a w ife. In this context,
it is necessary to discuss the old law and the newly developed law.
Under the ancient Mahomedan law, it is the duty of the husband to maintain his wife, whether she be
Muslim or Kitabiya, poor or rich, enjoyed or unenjoyed, young or old. However, if the wife is too young
for matrimonial intercourse, she has no right to maintenance from her husband.
But the husband is not bound to maintain his wife, if she is not obedient, and if she refuses herself to
him. If the husband has not paid prompt part of the dower or if she refuses to live with her husband
because of hi s cruelty, the husband is bound to maintain her.
It was held by the Allahabad High Court in Badruddin vis. Aisha Begum, ( 1957) that, where
husband has married a second wife or keeps a mistress, the wife may refuse to live with the husband and
still claim maintenance from him.
" GUARDIANSHIP "
A g uardian of a minor is recognised not onlv in respect of his pe rson but also in respect o~
property also.
Quran considers misappropriation of minor's properties as a serious crime, and adv ises to return tI~eir
properties to them when they attain majority. G uardians are a lso advised not to waste minor's propertt~S-
Quran declares that, g uardians should protect m inors properties for which they should take onlY
reasonable and moderate gratuity.
Who is a minor ? : d
According t? the Mahomedan law, m.inor is a person who has not attai ned puberty. A person is presuJll~r
to ~a~e a~tamed_ puberty on. comp letion ?f 15 _years (Hanafi and_ Shia Law). But, this age of pub_e~hi
maJonty 1s apphcable only rn matters of mamage, dower and divorce. For the m ose of guardian
tin to Women & Children. 1 25. Author Pro . Prakash K. Mokal.
La.., Rela
the matters the a e of ma ·ori is now re ulated b the Indian Ma·ori Act IX of 1875. Section 3
1
ao<l al A t states tha a erson sha ll be deemed to have attained ma·orit when he com 'lletes 18 cars of
0 f the c · •
Until then, the Court has power to appomt a guar~1an of minor's person (body, physical care of the
~- ) r minor's property, or of both, under the Guardians and Wards Act V III of 1890.
nunor o
dGuardianship :
Rahim defines guardianship as, "A right to control th e movement and actions of a person w ho,
Ab_ u; to mental defects, is unabl e to take care of himself and to manage his own affairs; for example, a n
?:met an idiot a lunatic. It extends to the custody of the person and power to deal with the property of
1n1an. ll
'
the ward ·
~ n g to the Mahom_edan law, a person who has attained the age of 18 years and w~o is of sound
--;nd. can act as a guardian. Such a person may be a father or mother or any other relat10n. Any such
~rson who is entitled to be a guardian can act as a guardian and prior pennission ·of the Court is not
_ru!cessa[4
Appointment of a guardian :
A !!uardian may a lso be appointed under the Guardians and Wards Act, 1890 on application made in this
regard. Application may be made not only by a person desirous of being, or claiming to be, the guardian
of the minor, but also by any relative or friend of the minor, and in some cases by the Collector of the
district. Application should be made in the form p rescribed by Section 10 of the Act, and no order should
be made unless notice of the application is given to person interested in the minor (S.11 of the Guardians
and Wards Act).
Even though the Court (under Guardians and Wards Act, l 890) is empowered to appoint a guardian, the
application of Muslim law of guard iansh ip has been by and large preserved in the Act. Section 17 of the
Act provides that, - "In appointing or declaring the gua rdian of a minor. the Court sh all, subject to the
provisions of this Section, be guided b y what_ consistently wlth the law to which the minor is subject ,
appears in the circumstances to be for the welfare of the minor".
And for the purposes of the welfare of the minor, the Court shall consider: i) the age, sex an d religion of
the minor; ii) the character and capacity of the proposed guardian, and his nearness of k in to the minor;
iii) the wishes, if any of a deceased parent; iv) any existing or previous relations of the proposed guardian
with minor or his property; and v) preference of the minor, if h e is old enough to form an intelligent
preference.
filnds of Guardianship :
A) Guardianship of person of a minor
B) Guard'.ansh1p
· · '
of property of a m inor;
C) Guardianship in marriage (This is discussed in chapter "Marriage" (Nikah).
A) Q.~ARDIANSHJP OF PERSON OF A MINOR:

Guard1anshi f h
I) th P O t ~ person of minor belongs to,
2) ~ ; and m the absence or disqualification of the mother,
3) Ql&r, female relations· and in their absence
tnale relations. ' '
1) Mother as . . .
~ a guardian of per son o f a mmor :
iv1otber is .l
Pub.,..... ent1t ed to the custod y ( H izana ) of : a) A male chi ld ti ll 7 years. b) A lcmalc chi ld till
~ ' (Hanafi law).
Law Relating to Women & Children. 126. Author - Prof. Prakash K. ~
This ri ht of a mother to have the custod of the child continues thou h she is divorced b the fath
the child - Mt. Haidri vis. Jawed Ali, (1934) All. L.J. 399, unless she marries a second husband in w~_of
case, the custody belongs to the father - Ulfat Bibi vis. Ba~fati, (1927) 49 All. 773. -=.!£b.
Nature of mother's right of custody :
Privy Council in /mambandi vis. Mutsandi, (1918) 45 Indian Appeal, 73 observed, "It is perfectly cl
that, under the Mahomedan Law the mother is entitled only to the custody of the person of her ni.·ear 1
child upto a certain age according to the sex of the child. But she is not the natural guardian; the fa~~or
alone, or, if he be dead, his executor (under the Sunni law) is the legal guardian". Therefore, father~
primary and natural guardian and the legal guardian of his minor children and the father's~
over the child continues in spite of the child being under the care and custody of the mother or ot:n
female relations, because the burden of providing maintenance to the child rests exclusively on the fathe;~
2) Other female relations as a guardian of person of a minor :

In the absence or disqualification of the mother, the custody of a) A male child till 7 years, b) A female 1
child till puberty, belongs to following persons in the order of priority; i) Mothers' mother, ii) Father's
mother, iii) Full sister, iv) uterine sister, v) Full sister's daughter, vi) Uterine sister's daughter, vii) Full
maternal aunt, viii) Uterine maternal aunt, ix) Full paternal aunt, x) Uterine paternal aunt.
Disqualifications of guardianship of person of a minor :

Mother and oth~r female relations become disqualified to act as a guardians of a person of a minor: i) if \
she marries a person not related to the child within the prohibited degrees, but the right revives on the
dissolution of marriage by death or divorce; or ii) if she leads an immoral life, as where she is a prostitute;
or iii) if she resides, during the subsistence of the marriage, at a distance from the father's place of 1
residence or, iv) if she neglects to take proper care of the child.
3) Male relations as a guardian of person of a minor :

In absence of the mother and other female relations mentioned above, the custody of: a) A male child
till 7 years, b) A female child till puberty, belongs to the following male relations in the order of priority:
i) Father, ii) Nearest paternal grandfather, iii) Full brother, iv) Consanguine brother, v) Full brother's son,
vi) Consanguine brother's son, vii) Full brother of the father, viii) Consanguine brother of the father, ix)
Son of father's full brother, x) Son of father's consanguine brother. 1
The custody of: a) A male child over 7 years, b) A female child who is unmarried and attained pu~ \
belongs to the following male relations in the order of priority:
i) Father, ii) Executor appointed by the father's will, iii) Father's father, iv) Executor" appointed~ \
will of the father's father.
The custody of an illegitimate child belongs to mother and her relations and to no one else : Gohar Begun 1
vis. Nazma Begum, (1960) S.C. R. 597. \
B) GUARDIANSHIP OF PROPERTY OF A MINOR: I,

Three types of guardians are recognised for the purpose of guardianship of property of a minor, name y·
i) Legal guardians; ii) Guardians appointed by Court; iii) De facto guardians.
Legal Guardians of Property : 0fo

T~e following persons are entitled in order of p riority mentioned below to be guardians of propertY
mmor:
i) The father.
ii) The "Executor" appointed by the father's will.
iii) The father's father.
11 ,7l(!lt~i1t'!);...!!::to~W.~o~m=en:..:....::& u·1d"".r-'e"""n"'-'-.----......=...:
=--=C:;_;;'l:.c. ;= J2=..7..:...;•~---~A~u!.!:.t!.!h,!:;o!-r_-_;P:.·. .:....:ro~~..:.P....:.r-=a~k::
.a:!:!.s:..:h....:K..:..:·:....:M=o~k::!:a~/.
iawRJa
,. cutor" appointed b y the will of the father's father.
iv) ~hexehas no power to appoint by wi ll a g uardi an of the property of her mino r child.
The motBer ther Uncle, etc. are not legal guardians.
·.
Mother. ro '
. of minor's property by legal guardian -
,4.Henation .
"~""hie o r o ~
~I ard:,a~n~ "ha,,S" power to sell or pledge the goods a nd c hattel s of the minor for the minor's imperative
A lega gu . .
•t·es such as food, clothing or nursmg.
necess1 1 , .
.....n0 vable o r ~ :
~ ouardian
, o-Cf-pro · perty of a minor has no power to sell the immoveable property of the minor except
~ a1 r
ia the followi ng cases:
Jhere the sale may fetch double the value of the property;
;0':,here the mino~ has no other property, and the sale is necessary for his maintenance.
iii) where the sale 1s necessary _to p ay the ~ebts of the ? eceased;
iv) where the legacies under will are requlfed to be paid and there are no other means to pay the m;
,·) where the income is _less t?an _the expenses of the property; .
vi) where the property 1s fallmg into decay; .
vii) where the property is wrongfully encroached upon and there is no fair chance for its restitution;
Alienation of minors property by guardian appointed by Court :

Movable properties:
A guardian of property of a minor, appointed by the Court under Guardians and Wards Act, 1890, has
power to sell or pledge the goods or chattels of the minor only in cases of grave necessities :
Immovable properties: ·
Such a guardian has no power w ithout the prior permission of the Court, to i) mortgage or charge. ii)
transfer by sale, gift, exchange or otherwise, iii) to lease any part of that property for a term exceeding 5
years. or for any term extending more than one year beyond the date on which the ward will cease to be a
minor.
Any alienation in contravention of the above provisions, is voidable at the instance of the minor or anv
~rson affected by such an alienation. .
Court may grant pennission to such a guardian where such alienation is necessary and ad vantageou s to
the minor. (Guardians and Wards Act, I 890 Ss. 29 - 31 ).
Alienation of minor's property by 'de-facto' guardian :

Legal _guardians and guardians appointed by the Court (as stated above), are called 'de-Jure ' g ua rdians i. e.
rd1
~a ans in law. But those guardians who place themselves, in the position of a g uardian by
mtermeddling with the property of the minor are called 'dejacto' guardians i.e. g uardians by
c1rcumsta c . , . .
Mov nces, 1or example, mother, brother, sister, uncle, etc. can be de.facto g uardians .
~
Same po
Im wers as that of 'legal guardian' referred above.
~
Such uarct·1an has no power to transfer an y rig ht or interest
~ · · the
in · 1·mmova bl c property ot· I11c mmor.
·
~ e r is void. The q uestion of benefit or necessity o f the min or, is altogether immateria l.
128. Author - Pro . Prakash K. Mokal
Law relating to Christian ChiJdren and Women under-

" THE DIVORCE ACT, 1869 "
The Jndian Divorce (Amendment) Act, 2001 (51 of 2001)
&
The Marriage Laws (Amendment) Act, 2001 (49 of 2001)
INTRODVCTJON: 111 .
(Act, IV of 1869) Received the assent of the Governor G~neral on. the 26 F~bruru?'. ~ ~69. This Act lays
down primarily the Jaw of divorce i.e dissolution of mam age, nul_h ty_ of marrta~e, JUd~cial sep~ration and
provides for other constructive reliefs like protection orders, rest1tut10n of conJugal nghts, alimony, and
custody of children etc.
Th is Act is made applicable only to Christians.
This is "an Act to amend the Jaw relating to Divorce and Matrimonial Causes" in tbe manner, more
paziicularly described in the Act.
" PRELIMINARY "

(Ss.1 & 2)
S.1: Short Title Commencement of the Act:

"This Act may be called "THE DIVORCE ACT", and shall come into operation on the first day of
April, 1869".
S.2: Extent of the Act:

"This Act extends to the whole of India except the state of Jamrnu and Kashmir".
Extent of power to grant relief generally -

"Nothing hereinafter contajned, shall authorise any Court to grant relief u nder this Act, exc~
where the petitioner or respondent professes the Christian religion,
and to make decrees of dissolution -
or to make decrees of dissolution of marriage except where the parties to the marriage ~
domiciled in India at the time when the petition is presented,
and to make decrees of nullity - .
or to make decrees of nullity of marriage except where the marriage h as been solemnized i ~
and the petitioner is resident in India at the time of presenting the petition, . 0f
or to grant any relief under this Act other than a decree of dissolution of marriage or of nulhtY
marriage, except where the petitioner resides in India at the time of presenting the petition".
Jurisdiction of the Courts : t

A petjtioner is not entitJed to any relief under this Act unless he or she: i) professes the ChriS ill~
religion; and ii) in addition that, e ither of the parties to the marriage are C hristians, the Section ~u~e
pro_v!des. ~hat, unless either of the parties t~ ~h e . m~irriage ~re domiciled in India at the tirn~ whtl~ (be
O
pet1~10n is pre~~nted, the Courts have no 1un sd1ct10n to dissolve the marriage; (Where, either uJ1
parties to a pet1t1on for divorce, is a Christia n, it would be sufficient to invoke the jurisdiction of the co
under S. 2). t
iii) in a~dition that either of the parties to the marriage are Christians, the Section further prov!~es ::~
unless either of th e parties to the marriage as regards decree for nullity of marriage, two condition
l · to Women & Children. 129. Author - Pro ; Prakash K. Mokal.
La"' Re/attn
a that, a) the marriage sboul~ _hav_e been solemnized in India and b) the petitioner s hould be
nec_ess ry (India at the time when pet1t10 11 1s presented.
~
. 1 terpretation clause -
S. 3• ..!!.. Minor children" - "Minor ch_ildren:· means, in the case of sons of~native father~, boys who have
leted the age of sixteen y ears. and. m the case of d aughters of native fathe rs, girl s who have not
10
@!SQ-- ~ d the age of thirteen years: in other cases. it means, unmarried children who have not comp leted
~ t1e ..
~ of eighteen years .
"Dissolution of Christian Marriage"

(Ss. 10 - 17)
S.10: Grounds for dissolution of marriage: ·

The Amendment of 2001 has made drastic changes in the grounds o f divorce available to the Chri stian
husband and wife under this Section. Before this amendment, the husband was provided with only one
[found i.e. the adultery of his wife. The wife on the other hand, was made available of as many as seven
~ounds. However. those grounds seem to b e extremely difficult for wife to prove against her husband.
Thus. these grounds became out-dated and impracticable in the present modem context. Therefore, the
need was fe lt to make suitable changes in the grounds of divorce.
ln order to u nderstand the situation , it would be in teresting to see the grounds of divorce which
were previously available to the wife.
Grounds for dissolurion of marriage by ¥1:ife :
A 1r!fe may present a peririonfor dissolution to the District court or to the High Court on anyone of the
fo //01ring seven grounds under section 10 ofthe Act :
l) Change ofreligion and marriage with another woman;
2) Incestuous adultery;
3) Bigamy with adultery;
4) Marriage with adultery;
5) Rape. sodomy or bestiality
6) Adultery with cruelty;
7) Adultery with desertion
*************************************************************************************
It can be seen from the above grounds that, the divorce b ecomes extremely difficu lt o n these
nd
grou s as the same cannot be proved by the husband or the wife. Therefore, the dras tic changes were
or
iiicessary to bring the C hris tian law of d ivorce a t par wi th Hindu law and Parsi law divorce.
_e grounds on which a C hris ti a n marriage may be dissolved either b y the hu sband o r t h e wifC', an•
now set · • .
- out tn Section 10 of the Ame ndment Act of 2001.
They are as follows -
~ nds of Dh·orce (S. 10)

(l Any marriage solemnised , w hether be;lure o r after tli e co mmencement o r the l11d ia11 Di vnrt·t·
wi~e~dm_ent) Act, 200 I, may , o n p et ition presented tu the Di s tri c:1 Court l!ith L: r by the husba11d lH' tltc
i) ' ~dissolved on the ground that !-.in cc the solemnization of 11ie 111arri agt.:, tltc n;s pu11d~1 11
ii) ~committed adultery; or
has ceased to be C hristian by convers ion tu anothe r rc lig ion ; o r
Law Relari,rg to Women & Children . 130. Author - Prof. Prakas h K. Mok 1
~
iii) has been of incurahly of unsound mind for a continuous period of not less than t w ~
inuuediately preceding the presentation of the petition; or cars
has. for a period of not less than two years immediately preceding the presentation of the petif
be-eu suffering from a virulent and incurable f01m of leprosy; or ion,
has. for a period of not less than two years immediately preceding the presentation of the petiti
be-en suffering from a venereal disease in a communicable form; or on,
has not been heard of as being alive for a period of seven years or more by those persons wh0
would naturally have heard of the respondent if the respondent had been a live; or
has •w illfully refused to consummate the marriage arid the marriage has not, therefore, been
consummated; or
has failed to comply with the decree for restitution of conjugal rights for a period of two years or
upwards after the passing of the decree against the respondent; or -
ix) has deserted the petitioner for at least two years immediately preceding the presentation of the
petition: or
x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of
the petitioner that it would be harmful or injurious for the petitioner to live with the respondent".
2) ..A v.-ife may also present a petition for the dissolution of her marriage on the ground that, the husband
has. since the solemnization of the marriage, been guilty of rape, sodomy or bestiality".
Contents of petition :
"E,·ery such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim
to have such marriage dissolved is founded" .
The meaning of the terms given in the above Section -
Adultery:
Section IO lays down the grounds on which a petition for dissolution of marriage either by the husband or
the wife, may be decreed . One of such ground is adultery of the husband or wife.
The term 'adultery' has not been defined in the Act itself.
Latev had defined adultery as, " willing sexual intercourse between a husband or wife, and one ~
opposite sex w hile the marriage subsists". ("Latey on Divorce", 14th Ed, p.74) . .
In Mu.ray's Oxford Dictionary, adultery has been defined as " the voluntary sexua l interco u ~
married person with one of the opposite sex, whether unmarried or married to another" . .J
As pointed out by Mukherjee, J. in Gomes vis-. Gomes AIR 1959, Cal. 451, the word ' adultery' 15 U)~11,
in a wider sense in S. IQ of the Indian Divorce Act, than it is used in S. 494 of the lPC. (See S.49-1 in"Li1
ofCrimes" by rhe awhor).
To constitute adultery, 'c'~,;;lf~

i) there must be some penetration at least, even though, complete s1:xual intcn;ourse is ntlt l\t"l.. • •
(1954 , All E.R. 374); ·1 •k\011,
ii) the aci of intercuun.e must bt voluntary. A wife who is rnpcd, docs nol co'tlunit adultcry : ( <II -
[( l 930) 46 TLR 623 j; ,/,i.i,
... ) A srng
m . Ie act o f sex
. ua I rnl.<;rc.
. .:0 url)t .Is enougI1 to
· support t 11e c I1arge of. adultery : JJ011g /os 1'/..·'· J)c111~
(1951) p .85;
iv) Adultery as a <.:aur::.e of a.<.:tion , m ust bt <.:ommittcd before the prcsc11tatio11 o f the petition. . .1rili
0rd111
Where adultery of the respondeut it; est.ablisheu by d ear and cog1mt ev idence that would ;11cr(
th
entitle the petitioner to a decree in terms of the se<.:tiun, un less the Court has reason to suspt!d c1C
R11.eil[!!a!!tin~g~to~W.:::.o~ ;. ,_·_C-'-l_11_·,d
n_;;.;;,e;.n;_& n_._ _ _ _ _J
_r_e_ ~3~1!...:..- -----=A~
11!!t/!.!,o!!.r-=..!:..P.orl'!J.1{::..
: £.P.!!.ra!!!k~a~s!!h~K~._.!_M!!..!!,O!i
ka{!l:_/.
~
. h have been collusion between the parties or any undue delay in presenting the petition or any
nngdt at ion of the offence by the husband.
con on . . . . .
. ct evidence of adultery 1s not necessary, as the same may not be available. Therefore, circumstantial
Dire . d. B ut sueh circumstant1a
'd ce can be adm1tte . . I ev1·aence must be sufficiently strong and conclusive
m~ .
De.sertion : , . ,.
5 ction 3 (9) defines desertion .
e ..desertion·· implies an abandonment against the wish of the person charging it".
Haisbury in his ''Laws of England", defined 'desertion' as follows :
"In its essence, desertion means th~ intention~l forsaking and abandonment of one spouse by the other,
without that other's consent, and without reasonable cause. It is a total repudiation of the obligation of
marriaee".
~When the husband continues to lead an adulterous life and makes it impossible for his wife to
return to him for cohabitation, then it must be held that, he has abandoned or deserted her against her wish
: I'irbala Suman! Lokhande vis. Suman! Madhav Lokhande, A.IR 1974 Bom.297 : 76 Born. L.R.364.
It is well settled law through the judicial decisions that, in any case of desertion, two factors must
co-exist : i) there must be a factum of desertion (i.e. actual separation), and ii) that separation must be
effected by animus diserendi (i.e. intention to desert the other spouse).
Cruelty:
The word 'Cruelty' is not defined in the Act or in the Matrimonial Causes Act.
Halsbury's "Laws of England" defines cruelty as, "the conduct of such a character as to cause
dan2er to life. limb or health (bodily or mental) or as to give rise to a reasonable apprehension of such
dan!!er''.
The question of cruelty must be considered in the light of the whole matrimonial relationships. Regard
must be had to the physical and mental conditions of the parties, social status, en\, =moact of the
personality and conduct of the spouse on the mind of the other, and all incidents and quarrels must be
weighed from that point of view: Valerie Persich vis. Mervya Persich, AIR 1975 Mad. 322.
The term 'cruelty' includes physical cruelty, and mental cruelty as well.
The tests of cruelty are :

I) the conduct complained of, must be sufficiently grave and weighty to warrant the descript ion of
being cruel,
2) the conduct complained of, must cause injury to health or reasonable apprehension of such injury.
(See S.22 for further information on adultery, desertion and cruelty).
Rape: S.375 (fPC 1860) :

!he 0 ~ence of 'rape' is a sexual intercourse by a man with a woman -
I) a~ainst her will; ii) without her consent; iii) with her consent, when her consent has been obtained by
putting her in the fear of death, or of hurt, iv) with her consent, when a man knows that he is not her
~~s~~nd, and that her consent is given because she believes hersel l' t~ be lawful ly marri_ed t~> hin~~v_) with
v.,~hout her consent, when she is under 16 years of age. Explanat1011 : Mere pc11ctrnt1011 i S suttu.: 1c111 to
~~~htute the offence of rape. Exception : Sexual intercourse by a man wi th his mvn wi fe. th~ wi li.: h~ing
uocier 13 years of age, is not rape.
Sodo
Th tny and bestiality: S.377 (IPC I 860) :
int offence of 'unnatural offence' means, sodomy and bcstia_lity means. having voluntarily carnal
ercourse against the order of nature wi th any man, woman or ani rnal.
1/ !:_lg_a_!!'.w'R.J ~egj_/~at(finr1g~.!J_to~~~o~m~e~n~
&~C~h[!1!,·1d
!;!!Jr~e~n!....!._____1!:..:3~2~._ _ _ _!,.!A~u~th~o
~r:----=-P--=-r~o.L:.f.--"P'-'rc.a:.:.;k
.:: :. ::a~sh
:.!....!.K~•...!!~
Section J0-A :
Dissolution of marriage by mutual consent - ..
I) ··subiect to the provisions of this Act and the rules made thereunder, a petition for dissolutio
J • • • • n of
marriage may be presented to the D1stnct Court by both the parties to a ~ama~e together, whether
such marriage was solemnised before or after tbe_c~mmencement of the l~d1an Divorce (Amendment)
Act. 200 I, on the ground that, i) they have been ltvmg separately for a penod of two years or m ~
that they have not been able to live together and iii) they have mutually agreed that the marria e
should be dissolved". ~
2) ''On the motion of both the parties, made not earlier than six months after the date of presentation of
the petition referred to in sub-section (1), and not later than ,e ighteen months after the said date, if the
petition is not withdrawn by both the parties in the meantime, the Court shall, on being satisfied, after
hearing the parties and making such inquiry as it thinks fit, that a marriage has been solemnized and
that the averrnents in the petition are true, pass a decree declaring the marriage to be dissolved with
effect from the date of decree".
The Amendment of 200 1 has introduced the concept of divorce by mutual consent. This vital change
makes the Christian law of divorce nearly at par with the Hindu law and Parsi law of divorce. Now, a
petition for dissolution of marriage may be presented to the District Court by both the parties to a
maniage together, on the ground -
i) tha t they have been living separately for a period of two years or more;
ii) that they have not been able to live together; and
iii) they bave mutually agreed that the marriage should be dissolved.
Section 11 : Adulterer or adulteress to be co- respondent -

This Section states that,
"On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the
petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused
from doing so on any one of the following three grounds, namely -
a) that the wife, being the respondent, is leading a life of a prostitute, or the husband being the respondent,
is leading an immoral life (for instance, habitually visits the brothel) and therefore, the petitioner does not
know the person with whom the adultery has been committed;
b) that the name of the alleged adulterer or adulteress is unknown to the petitioner, although the petitioner
has made due efforts to discover it·
c) that the alleged adulterer or aduiteress is dead"_
Thus, on a p~t_ition for dissolution of marriage presented by a husband or wife on the ground ~'.
adultery, th ~ petitioner shall make the alleged adulterer or adulteress a co-respondent. This amendment ·
cons~uent1~l to the am~ndm~nts made in the grounds of divorce under S.1 o. . 0
T~1s Section makes it ?bhgatory on a husband or wife who files a petition u/s. l 0, for dissolut1on s:
marnage on the ground of adu~t~ry o~ his wife, or her husband, to make the alleged adulterer or adu\ter:>
a co-respondent unless the pet1t1oner 1s excused from doing so on any one of the following three groun
namely -
~) that th~ respo~dent wife is lc_ading a life of a prostitute, or the res ondent husband is leading lll
immoral hfe (for mstance, he habitually visits the broth I) d h " p .. b &wife doe
not know the person with whom th d e , a~ t ere1ore. the petitioner hus an
.. ea u1tery has been commi tted· (
n) that the name of the alleged adulterer (a .. . ' \teress
woman with whom the husband h-d ma~ w il h whom w ife had sexual intercourse) or adu oh t~
th000
petitioner has made due efforts to di _a sex_u~l intercourse) is unknown to the petitioner, al
...) scover 1t
m that the alleged adulterer or adulteress is dead.
)
'o/,rf!1!.ti!!,rt!Ll;!fo~Jf;~o:..:.m:..:.e:::.:1~1...;;;&;:;.....aC_h_i_ld_r_e_n_._ _ __ --=-13~3~·=------~A:!.!!
u!:.!.th!:.!.o!.!.r...:-::..!.
P.!..r~oL:.~P..!.r~a~
.k!:!!a~s!!h2.K!:•..!.M!!.!!.o'.!!k~a.!:.l.
LaW R~ a
e •desertion ':
pefin . "Desertion implies an abandonment against th e w ish of the person charging it" .
~- .
the Divorce Act, when the adulterer or adulteress need not be named as a co-respondent ?
Under . When the respondent wife is livin g the life of the prostitute, or the name of the alleged adulterer
Answer .
~ d Jteress is unknown or the alleged adulterer or adulteress is dead.
Ql!-!L
"CUSTODY OF CHILDREN"
(Ss. 41 to 44)
Section 41 : Power to make orders as to custody of children in suit for separation -

-::j11 any suit for obtaining a judicial separation, the Court may, from time to time, before making its
decree. make such interim orders, and may make such provision in the decree, as it deems proper with
respect to the custody, maintenance and education of the minor children, the marriage of whose parents is
the subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children
under the protection of the said Court :
Provided that, the application with resp ect to the maintenance and education of the minor children
pending the suit, shall , as far as poss ible, be disposed of within 60 days from the date of service of notice
on the respondent".
Section 42 : Power to make such orders after decree -

"Tbe Court after a decree of judicial separation, may upon application (by petition) for this purpose
make, from time to time, all such orders and provisions, with respect to the custody, maintenance and
education of the minor children, the marriage of whose parents is the subject of the decree, or for placing
such children under the protection of the said Court, as might have been made by such decree or by
interim orders in case the proceedings for obtaining such decree were still pending".
Section 43 : Power to make orders as to custody of children in suits for dissolution or nullity -
·'In any suit for obtaining a dissolution of marriage or a decree of nullity marriage instituted in a District
Coun, the Court may, from time to time, before making its decree make such interim orders as it may
d;em proper with respect to the cus tody, maintenance and education of the minor children, the maniage
0
whose parents is the subject of the suit,
nd
a may make such provision in the decree absolute or decree, as the case may be,
thancd may, if it thi;1ks fit, direct proceedings to be taken for placing such c hildren under the prote c tion of
e ourt".
Section 44. . . .
~ · power to make s uch orders after decree or conhrmahon
Dist . ere a decree of dissolution of marriage or a decree of nullity of marria ge has bee n passed, the
and net ~~urt may, upon application by petition for the purpose, make from time to time a ll s u~h o rde rs
of :;ovision, with respect t o the cu stody, maintenance and education of the minor c h ildre n. the marriage
said C~e parents was the subject of the d ecree, or for placing s uc h c hildre n under the protection l ) f the
interj urt, as might have been made by suc h decree a bsolute or decree (as the case may be), or sud1
llJ
0rders as aforesaid" .
hn ortant 0
.
1) Th •nts or summary of Ss. 41 to 44 :
ese four . . . . . I .
educar sections empower the Courts to make a s U1 table p ro v1s1 on lor the c us tuc y. mamte11.11H.:c and
10
. n of th e 1·~f:ant children
dissolution · ·
of a m a rriage which 1·s the s ubJ·cct of· a dec ree. 1·or JU · d 1·c1.1
· I scparnt1·011,
2) Sections ~r nullity of marriage, and may. the refore, be cons il_lercd tugctl11..:r. . .
3) Seer 1 and 43 deal with interim orders to be passe d durmg the pc nde nc y ul the suit.
ions 42 an d 44 deal with final orde rs to be passed alte· r t h e f-ma I d ccre.c m
. l I1c s uit
. ts
. passel. I
Law Rclatin o to Women & Children . 134. A utlwr - Pro . Prakash K.
-' ) Sectirin 41 g iws the court a very wide discretion to fix such main tena nce as it thinks fit . T h
rasseJ by the Di:-tnct Judge about mainten ance under this Section terminates, when a fin al order ise OT<ler
under sectio n 4J . Passed
~) TI1c Cl~llrt which dissolves or annuls the marriage, alone, has jurisd ic tion to pass orders for the c
of the children and for their m ainte nance and education. USlody
6) T he Court is gi\'en widest possible power in making any orders that it may deem just and proper Th
welfare of tJ1e children is th e first cons ideration. The Common law rights of the father and the clai~ e
·
an mnocent spou se rank- next m
· unportance.
· s of
7) Lnder Sections 4 l to 44. th e Court bas power to make any order regarding the child, so long as th
child remains a min or child~ th~ m~rriage of whos~ parent~ is the subject the proceeding. The person ~ ?f
\\ horn the custody of a child 1s g iven of a mamage which has been dissolved, can be directed not t0
remo"e such c hild outside the jurisdiction of the court.
"THE INDIAN CHRISTIAN MARRIAGE ACT, 1872"
"The persons by whom marriages may be solemnized"

(Ss. 4 - 9)
Sectjons 4 to 9 of this Part deal w ith the persons who can solemnise the marriages.
Section 4: Marriage must be solemnized by any of the persons mentioned in Section 5:

Section 4 lays d own that, if one or both parties to the marriage are Christian or Christians. then che
rn.a .rriage shall be solemnized in accordance with the provisions of S.5. If, it _is not so solemnized, then
s uch marriage would become void. And the Act makes it criminal for a person to solemnize a marriage.
who is not authorised by Section 5 to do so - Maha Ram vis. Emperor, AIR, 19 18, All. 168 at P. 173.
Section 5: Marriages may be solemnized in India by following persons:
I ) B v anv person who has received episcopal ordination, provided that, the marriage be solemniz~J
according to the rules, r ites, ceremonies and c ustom s of th e C hurch o f which he is a Minister.
Trus clause provides for the solemn izatio n of marriage by the ordained priest (B ishop in England). ~uch
th
solemniza1ion of marriage should be in accordance with rules, rites, ceremonies and customs ot ~
Churc h of England as per clause 3 of S.60 o f this Act. Ordained priests learning in the Church, :ire
completely detached from their fami ly and attached to the C hurch for the purpose. . 1ll
0rd
2) Bv <1.DV clergyman o f the Ch urch of Scotland, provided that, s uch marriage is so lemnized acc t11g
the rules. rites. ceremonie!> and customs of the Church of Scotland;
3) By any Minister of Religion, licensed under thi s Act, to solemnize marriages;
4) By . o r in the prc!>enct o f a Marriage Registrar appointed under the Act;
5) B y anv pe rsun licen F>ed under thi 1, Act t.o grant ci:rtilicatcs of' marriage between Indian Chrisri;ins.
" Marriage of Indian C hristians "

. . . . . . (Sections 60 to 65) . , d1tlll
11 111
fht b pan com,1htmg oJ hcCIJOnb f')O to 65, lc1y:-. down tli0 li >nrntlit i~s !"or marriages a1110 !,; •s~Il1I1
C.hri suans.
. 'fh e:.t are st parau: provn,1om · · · rnarnagcs
for · among l11d1·an ( 'h n·s11c111s.
· Tl i 1,;· ~xpr~ . "
: .-~ii:111,
pro r·c1>1>1JJg
. 11c 1
"Chn.sl!an&
. " mean!>,
~- ·
p <.: r som, I C.,.'I 1n1>LH111
· · re 11·g 1·011; a11d thL: L:XprL:ss1011
· )' ·ut <.. hi. •,uv~rL'
" I Ill''
·me1ud es th e Chn·F>tJan · d c1,c.;cnd anti, o 1· rli:ttt· vci,; or India co nverted tn ( 'hristia11ity. as we II as,~·uch 1,;l, l1ll'' · •
11
(See S.3 of the Act) . Tht rc arc m1 prelirninarieh prescribed to thL: m arriage ol" l11dia11 Christ ians. Ni
(as required under Part llf J of intt 11dcd marriage is rcquirL:d to he gi ven.
Solemnization of marriage amoni,: tht Ind ian C h rislians (Sec tion <>0) : i•iio11S :
. b I d. Ch . . . . '
n s trnns may be imlem nizcd on tile fu lllllmc nt or the lo llow 111g
(j() lll I
A mamage etwecn n 1an
1nm
l tin!'.!K-:t!.!!o~Wi~om
=e:..;.
11..;:;&.;;.. _. ,aC_h_il_d_
r e_,_, -·_ _ _ _;::.:
1 3~5::..:.._ _ ___;A~
u!!
th~o::.!.r_-...;P
:..:r:;.:.O~.!...
Pr !..!a:::k~U:.2.S:.:.h..!.K~•.J:.M
:!..o~k'.?.!a~I.
Lil."' Re,J!.
a e of the man intending to be married shall not be under 21 years, and the age of the woman
nnie.0g 10 be married sba 11 not be under 18 years;
inteo~• g of the persons intending to be married shall have a wife or husband living;
1 1
2) Nett 1er . . .
of the parties to the marriage shall, m the presence of a person licensed under S.9, and two
1
J) E~~: witnesses, say to the others:- "I call upon the persons here present to witness that I, A.B, in the
cred of Almighty God. and in the name of our Lord Jesus Christ, do take thee, C.D, to be my lawful
r:~:\,ife/husband" (S.60). Licenses may be issued to any Christian for the solemnization of marriage
" Indian Christians. The parties are free to say the aforesaid (S.60 clause 3 above) in substance, not
0
anion-:an·ly in literal translation,
· m · any of the reg1ona
. 11anguage understood by t hem.
neces~
Certificate of Marriage : . . .
The Christian who has been licensed to perform the marriage, and before whom, the mamage has been
solemnized is required to grant a certificate of marriage on application of either party to the marriage on
payment of a fee of 4 _annas. Such certificate should be ·considered as a conclusive proof of the
solemnization of the mamage (S.61). .
.-\ Christian, licensed for the solemnization of the marriages among the Indian Christians is required to
keep a Marriage Register Book, in which, all entries of marriage solemnized, are to be made. A copy of
the same is to be sent to the Registrar General of Births, Deaths and Marriages.
Section 62 lays down that, such a person shall, keep in English or the language in ordinary use in the
district, a Register Book of all Maniages in accordance with a Form prescribed by the State Government
and he shall deposit true and duly authenticated extracts from his Register Book, in the office of the
Registrar General of Births, Deaths and Marriages.
Section 63 : Such a person (licensed Christian), shall allow a search to be made in such Register Book
and shall give a copy on payment of the proper fee.
Sec_tion 64 provides for Books in which marriages of Indian Christians under part 1 or Part III are
registered. This Section says that, "The provisions of Sections 62 and 63, as to the form of the register-
book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein,
~hall, mutatis murandis, apply to the books kept under Section 37".
iection 65 lays u,">wn that, the provisions of Sections 60 and 61 shall not apply to marriage between
0
man Catholics.
Law Relatin , to Women & Children. 136. Author - Pro. Prakash K. Mok l
Q,
Law relating to Women and Children under - ,,

"THE PARSI MARRIAGE AND DIVORCE ACT, 1936" g
r
Section 2:
Under the Parsi Marriage and Divorce Act, to 'desert' means what?
Answer: "to desert'' means, to desert the other party to a marriage w ithout reasonable cause and Without
the consent, or against the will of such party" . {S.2 (3)1.
\\/ho is a "Parsi' ?
Answer: Parsi means a parsi Zorostrian, i.e. a person who professes the Zorostrian religion.
" MARRIAGES BETWEEN PARSIS .,

(Ss. 3 - 17)
This part deals with -
1. Requisites of val id Parsi marriage;
2. Bigamous marriage and its punishment;
3. Certificate and registration of marriages;
4. Registration of divorces, etc.;
5. Certain penalties are also prescribed for contravention of provisions of this Part.
Section 3:
R equisites of a valid marriage:
Section 3 Sub-Section (1) provides for the requisites of a valid marriage. Under this Sect ion marriage is
void-
i) if parties are within prohibited degrees of relationship of consanguinity or affinity (S.3-a); ii) if
necessary ceremoni~s of marriage have not been performed (S.3-b); iii) if any party to marriage has not
completed requisite age of marriage (S.3-c); and
iv) if either party to the marriage was impotent.
(abbriviations to rem ember above p oints - p· c a i)
Schedule l gives a table of prohibited degrees of consanguinity and affinity . A man or a woman is
prohibited from marring his or her relations mentioned in the Schedule I. The Schedule specifies thin)'.
three such relations with whom man cannot m arry and thirty three relations with whom a woman can!}fil
marry. Section 30 provides for suits for nullity of marriage on the ground of impotency.
A Parsi marriage is solemnized by a P arsi priest. Parsi priest includes Dastur and Mobed. For the
purposes of solemnization of a Parsi marriage, the cerernony of "Ashirwad" should be performed by a
Parsi priest in the presence of two Parsi witnesses (S.3-a). .
T here are no preliminaries prescribed fo r a Parsi marriage. The Registration of Parsi marria~
compulsory, though non-registration does not affect the validity of the marriage. Even if it is not cert~
it remains valid.
By amending Act of 1988, it has been laid down that, no male below the age of twenty one years'.
and no female below the age of eighteen years, can marry. Maniage of a person below the reguis i ~
null and void. The provision for guardianship has been abolished by the Amendment of l 988. . f
S ub-Section (2) of S. 3 states that, the chi ldren of a Parsi Marriage are legitimate children irresp e ~1
the fact whether the marriage has o r has lo been declared null and void. after the Amendment of 1988 t
Sub-Section states that, -
. Women & Children . 137. Author - Pro. Praka.\·/r K. Mokal.
~ fle/atlfl o1o
L that, a marriage is invaJid under any one of the provisions of sub-section (I) (which
d.
.,..,01\\1ithstan
indgs of void marriage). any ch ild of such marriage, who would have been legitimate if the
1
' h crroun •· "
j,•e5 t e = b vatid shall be 1eg1t11nate .
g . <'C haS eeO '
o1nrria:::
~ b-Section (1) stales that, - A Parsi husband or wife cannot remarry in the lifetime of his wife
section 4 Su d ntil i) lawful divorce is obtained, ii) their marriage has been declared null and void or
hu,ban u . h ('. .
(If her. · although be or she i:nay have bec~me convert ~o any ot er 1a1th. . . .
dissohe~- . b-section prohibits the remamage of Pars1s except under certain circumstances mentioned
fhUS, th!S SU
abcn:e. Sub-Section (2) lays down that, every marriage contracted contrary to the provisions of Sub-
section 4 .d
. (I) .shall be vo1 •
Secuon
~ ays down the punishment for solemnizing the marriage in violation of the provisions of S.4. If
Sec~o~ solemnizes a marriage in violation of S. 4, be shall be liable to punishment of imprisonment for
~s ths. or with fine of Rs.200, or with both.
illJlli>n
~ction 5:
Section 5 further lays down that, every Parsi who contracts a marriage in violation of Section 4 (I) shall
be subject 10 the penalties provided in Ss. 494 and 49 5 of the lndian Penal Code, 1860, for the offence of
bigamy i.e. offence of marrying again during the lifetime of a husband or wife.
Uader S.494 the punishment (for bare bigamy) may extend to a term of imprisonment which may
ex1end to seven years as well as fine. Under S.495 the punishment for bigamy by concealment of former
marriage is for a tern1 of imprisonment which may extend to IO years and also fine. The offence of
bigamy can be committed only if the requisite ceremonies of marriage (Ashirwad) are performed - Modi
l'!s..ifodi, 1975 Cal. L.J. 298.
The second marriage cannot be taken to be proved by mere admission of the parties, essential
ceremonies and rites must be proved to have taken place - Priya vis. Suresh, AIR I 971, SC 1153.
If the first marriage is not proved, the second marriage is not bigamous - Katri Subbha Rao vis.
Karri Sethe, AIR 1994 A.P. 364.
~tion 6:
~echtion 6 states that, every marriage contracted under this Act shall be a) certified by the officiating priest
I
in e fonn contained in Schedule II
b) such cenificate shall be signed 'by the officiating priest, parties to the marriage and two witnesses
present at the marriage
CJ the official° · ' . . .
SOie . mg pnest shall send such certificate to the Registrar of the place where mamagt! was
rnn1zed·
d) the Regi;t h
rar, t ereafter, shall enter the certificate in a register to be kept by him for that purpose.
:ec~;i° sta
7
of
t_es that, the marriage is not considered invalid, merely because, the provisions Scl:tion 6
complied with
Where there is no
adrnissibl · cert1'fi1catc and no entry ·111 thc marriage
· ·
register, any otI1er re· Jcvant cvt·ucncc ·1s
l.R.913 e as proof of the marriage having taken place - Bai Awabai vh. Khododad Arcleslter, 22 80111.
~~~~~~~======~~~
I
~
Law Relatin to Women & Children. 138. Author - Pro . Prakash K.• 11.,
IYJO
kQL
Vniversity ~amination Q!J,est-ionsfor Sliort )1.nswers

1. Under which Article of the Constitution of India, women education and employment
protected ? are
Answer : The reservation made for women in educational institutions and public employme 1
protected by Article 15 (3) of the Constitution ofJndia. ~
2. State the long form of SAARC.
Answer : South Asia Association for Regional Co-operation.
3. State any two factors which led to child marriage.

Answer : i) Stoppage of Thread Ceremony and consequently stoppage -of education of girls a d
substitution of that ceremony by marriage cerem ony at the age of eight to twelve. ii) Stress on ke~
the chastity and purity of girls intact by getting them married before the age of puberty;
4 . Define 'child m arriage' under the Child :M arriage Restraint Act, 1978.
Answer: Child marriage means, a maniage to which either of the contracting parties is a child.
S. What is the punishmen t for solemnizing a child marriage under the Child Marriage Restraint
Act, 1929?
Answer : Simple imprisonm ent of 3 months and fine.
6. What is the effect of the marriage which is in contravention of the maniageable age ?
Answer : Marriage perfonned in contravention of the condition of the age is valid; But the persons
who perfom1, direct or promote such child maniage, are liable to punishment.
7. What is the punishment for contravention of the condition specified in clause iii) of Section So!
the Hindu Marriage Act, 1955 ?
Answer : Simple imprisonment which may extend to 15 days, or with fine which may extend t ~
l 000/- or with both.
8. Define 'sati' ? .
Answer : "Sati means, the burning or burying alive of i) an y widow along with the body~
deceased husband or any other relative: or ii) any article, object or thing associated w ith ·the~
or such relative.
9. State the punishment for the act of attempt to commit Sati. ·

Answer: With impnsonment for a term which may extend to six months or with fine or w i ~
10. State t he punishment for abctment to commit sati.

Answer: With imprisonment for life, and shall also be liable to fine.
11 . State the punishment for an act of glorification of Sati. 1

extend to
Answer : With im risonm ent for a term which shall not be less than I ear but which ma
years and with fine not less than Rs. 5000/- but which may extend to Rs. 30,000/-.
12. What is 'dowry'?

...Jto(l..!~!'..o!!;m~e~n~&~·'"""C=
l,.:..:il=d-'-r.;;..e"--11_._ _ ____1:....:3""'9'-'.'--- ---.:..;A~,"-.''.:.:
: "~"-'-r_-_;..P.:...r.o.
:. :;.1,.;.;....:P:....:..;
rr.;;..:
1k ""a;;..:s=
l .:....
1 =K. =-=-
' --'-M
'"""""
o'-"'
k C.!.:a=
I.
/l_efatinJ;._
LP"'
. "Dow " means the rn ment in ~ash or kind or both to the bri deg room or b ri<l~ room's
Answer · d. 1s b , the bride' arents/ unrd1an .
/cruar 1a1 -
aren ts
ishment for giving or taking dowry.
t.t State th; _P~~th im risonment for a te rn, not less than 5 ears a nd w ith fi ne not less than 5 cars, or
;\nswe · less than Rs. 15 000/- or the amount of the value o f such dow whichever is more.
''°ith fine no1
'shment for demanding dow ry.
14. State pu~i With im risonment for a term not less than 6 mon ths but which ma extend to 2 ears a nd
Answer• . .
. fiQ~~wu_h!.!.!ic~h.!.-!..!.
m~a!...,Ly....:e:::cx.:..:t;e .n=
:. ad -"t=
o ~R~s~-~l~0~,~0~0_0_/
-.
w1tl1.JO
~
fi "do·wry death" as defined under the IPC .

J~. De '"~er . \Vl;ere a death of a woman is caused by any bums or bodi ly in jury or occurs otherwise
~os\, ,d~r nonna l circumstances within 7 years of her marria ge, when soon before her death she was
~;e~ted 10 cruelty or harassment b y her husband or any relative of her husband in connection with
1
~'" demand for dowry. such death shall be called "dowry death". .
16. State the punishmen t fo r dow r y d eath. . .

Answer : With im prisonment for a tenn which shall not be less than 7 years but which may exten d to
imprisonment for life.
17. Define 'adoption' under the Juvenile Justice (Care a nd Protection to C hildren) A ct, 2000.
Answer : Adoption means. the process through which the adopted child is pennanentlv se parated
from his biolo.!tical parents and become the legitimate child of his adoptive parents with all the ri 2hts.
privileees. and responsibilities that are attached to the relationship.
18. What is begging u nd er the Juvenile J u stice (C are a nd Protection to C hild r en) Act, 2 000.
Answer : Begging means. i) soliciting or receiving alms in a public place or e ntering into anv private
premises for the purpose of soliciting or receiving alms: ii) exposin g or exhibitin g a nv sore, wound.
injury. deformity or disease. whether of himself or of any other person or of an animal with the
object of obtaining or extorting alms.
19· What is "comp etent a u thor ity" under the Juvenile Ju stice (Ca r e a nd Protec tion to C hildren)
Act, 2000?
Answer : Competent authority means, in relation to children in nee d of care and protection, a
G mmittee. and in relation to juveniles in confl ict with law, Board .
20
· Defi ne " fit institution" as defined und er th e Juvenile Jus tice (Care a nd Pro tec tio n to
ChiJdren) Act, 2000.
A.!liwer · F. · st1· · . . .
vol · ll m tut1on m eans, a governmental or a reg1stcred nun-governmenta l urgan1 1.atllln or a
~ r y organi zation prepared to o wn the respons ibility or a c h ild_ill1d such organ izatilHI is founJ
1
e State Government on the recommend atio n o f the cum etcnt authority,
21. Defin 11
Act, 2~ ~ua rd ian " as de fined unde r the Ju venile Justice (Care ,rnd P rott-c ti o u tu C hildr~n)
00
~
ach·al :
h Guardian m. re 1,at1on
· Lo a c h.ld I. I 1· .
1 , mcam,, 11:. natura g uart 1a11 or <IJ.!.Y oth1.:1 1>1.:rsu11 hav 111 P tht>
~ arge . . . - . -- - -
course of r or c_ontrol ~ve r the child and recogn1zcd by the ( ~rnpetc 11 t A ull 1m~ty ~s a g_u:trlli.;111 i11
~ =
~ p oceedmgs before that authority.
140. Author - Pro ; Prakash
Law Relatin to Women & Children ·
22. Who are the natural guardians of a Hindu child under the Hindu Minority and guardianship
Act, J956 ? . ·d th h b d
Answer : Father/Mother/in case of minor wife. mamc woman, e us an ·
23. What will the Court consider while appointing a guardian under the Guardians and Ward\
Act, 1890 ? · h.l · · .
Answer : The welfare of the minor is the aramout consideration w I e a omtm the uardian of
the minor. . .
The person desirous of being or claiming to be the gu~rdia~ of the m~nor, any re~ahve ?r friend ofthe
minor the Collector of the district or other local area m which the mmor ordmanly resid e s ~
. wtt. h r e~
holds .property, if the minor belongs to a ciass, the Co11 ector who has auti1onty s~
class.
24. Define the term 'women's estate'.

Answer : The term' women's estate' in its larger connotation means all property which has come 1
a woman by any means and from any source whatsoever. and includes both property in w~
has absolute interest (streedhan ) and propertv in which she has lim ited interest or qualified inte;t=
--..:
25. Who is "juvenile" or "child'' under the Juvenile Justice (Care and Protection to Children)
Act, 2000?
Answer: Juvenile or child means. a person who has not completed eighteenth years of age.
26. Who is "juvenile in conflict with law" under the Juvenile Justice (Care and Protection to
Children) Act, 2000 ?
Answer : A juvenile in conflict with law means, a juvenile who is alleged to have committed an
offence and has not completed eighteenth years of age as on the date of commission of such offence.
27. What is the prime object of the Children Home/Shelter Home under Section 39 of the Juvenilt
Justice (Care and Protection to Children) Act, 2000 ?
Answer : Restoration of the child (i.e. handing over the child to its parents, guardians, fit personl[
fit institution. etc.) and protection to thL: child. is the prime objective of the children home/sh@
home. ·
28. Define 'child' according to the Immoral Traffic Act, 1956.

Answer : Child means a person who has not completed the age of 16 years. Minor means a ~
who has completed the age of 16 years but has not completed the age of 18 years.
29. What is the term 'prostitution ' means under the Immoral Traffic (Prevention) Act, 1956 ?
Ans\\'.~~ : Prosti~ution means sexual exploitation or abuse of person for commercial purp~
mrcss1on pro,t;tt.ne shall be construed accordingly.
30. Explain the term 'corrective institution' under the Immoral Traffic (Prevention) Act, 19~6· .
A ..., ( · · · · t1tllll0i1
ns:~ 1· :d\.-orr~c ive 10st1tut1on means a~ institution by whatever name called (bein~
~sta is_11e or 11ccns~d as such ~nder Section 21 ) in which persons who are in need of c~r
De_<lctamed under this Act and mcludcs shelter in which under trial man mav be kept i n ~
this Act.
31 E I· 'bitiool
. xp am the term 'advertisement' under the I ndccent Representation of Women (frobt
Act.
. to Wome11 & Children . 141. A utlw r - Pro . Prr,kasl, K. 1',f okc,/.
l,(11'
. Rclntlfl 0
. . Advertisement includes ,lll I not ice circular label wra Jer r other document and also
Ans"rr · 'ble r"''- rcsentation b means of an Ii ht sound sm o ke or 1 as.
· , v1s1
. 1 des :in
1nr u • '
,. a •young person ' under the Young Persons Harmful Puhlication Act, 1956?
15
., •·
1 " ho. •
. The tem1 • 10un • erson • means a Jerson uncIer t he a ,c o f 20 ears.
Ans"er .
•genetic clinic' under the Pre-Natal Diagnostic Techniques (Regu latio n & Prevention of
,3. Defiin e
· Misuse) Act, 1994.
Aftswer : When the test is carried in hosp ital or cli n ic or nursing home.
. Why amniocentesis tes_ts are controlled ?

34
Answer : Amniocentesis tests are controlled to prohibit sex detennination of foetus and prevent
female foeticide.
35. What does 'pre-natal diagnostic test' mean ?

Answer : Pre-natal diagnostic test means any test or any tissue of a pregnant woman conducted to
detect genetic or metabolic disorders or chromosomal abnom1alities or com!en ital anomali-;;s o r
haemoglobin pathies or sex linked diseases.
36. What does the term 'embryo' means ?

Answer: Embryo means a developing human organism after fertilizat ion till th1.: end of i:.: i gbc 1,1.ecks
(65 davs).
37. Why was the Maternity Benefits Act enacted? What was the obj ec t behind it t'rHtc tm t:ot'.'
Answer : The Maternity Benefi ts Act was enacted for matem itv pn)t('c uon. ami tu r-:'!ulJ.k' lhc
employment of women in certain establishments for certain periods bclor~ ~111J .ttkr chi!J birth :mJ
to provide for matern ity benefit and certain other benefits.
38· How much is the period of co ntinuous service to claim maH• rnit, bt' ndit b, a ,, u m a n uuua
the Matern ity Benefits Act, 1961 ? · .
Answer: The period of con tinuous service to da im maternity b1..•nef1 t is 160 d a\S.
39
· Who is Pardanshin Woman '?
Answer • A d · . .
- · par ans 1110 woman 1s o ne, w ho by the custom l)t the ~ountrv ur th.: u.:,:.1~1.:s "ll t1..1H11.. u 1,1.:
commu · . . . - ---
-;:;lu!>· nny. does not appear rn public und obscrvl:s tl!c cuslQ111__!li parda. l ha n ill~ -11\" ~I 1..\l!.ll.,b;__t~
-= ion from c:omact wi th peop le uuts ic.k her (iwn fomil L
4o. Statt th ·
1860 _ t immun ity from cri min al liahilit y ,H'CtH"d cd to a dlild t11Hkr tht• Int.Hau Pl.' 11:tl C l\th•.
~ : ~ nc.l~r Scc:11 0 11 82 o f' the Jr(_', 1l1c chik l 1111dc 1 7 y1.•. ar..., ,1r ,!g_l' l!'-.c'l ti~bL ~
1..· 1·lH' ill!) ~1th·11....:.~,
~ 3 a cl!.i.!d ahc_, vt 7 yea r~ a!}d hc h.1w 2 1 )'_\:,11 :-.. 1, 1H1~ liable· li.11 ,L..!..!.} \_! lf~th:"· !.!. !1"· Li-~
11
111:~~ \ is_u1f ic: 1en1 maturity D I' undcr~ta11d i11~ ttJ J11c_w.c till' !_Htl 111\ a11d 1.·,11 1-.1.·,1u~111.:1.·:-.. llL Lu.-. ,.-~,~1.,_\u.. .:,t
0
(JI)
~
4J. ~latt auv t w ..
A,1 · 0 offc11cc1, rchtlin o lo 111 ·1rriauc u11,lt-r rh t IP ( '
~ • •• 1-._ ~ ... •
L.un_.Jl./J:.@ -...b. 1
n<1n c.kc.;i;1tlull y 11 1d11f; t!l.1~ a WD1ita1 1 10 ltav\: 1.·ult ah t1,1llut1 ur "'-' "1. tl 111 11.· 11..· \ 1u1 -.,c,_· \\ 111~
42 ra~ n w· l_.!1 ()(.;k rl lclll litgc. j iiJ (. np11qal l.:111pl'l ll~ ll l , l'l\.'
. In <:a!>c 0 f' .
adult ery, who can t a k e a 11 .ictio11 '!
~La~":.'...'R!!.!:c~larrri~ ' o!.!."!!..,e!::.!r~,..!:&~-.!:C~I!!,i!..!ld:!.!r..!:e:!.!
·n!lLt!.!o!....!!rf'--! " t_lt__o_r_-_P_r___
n:..!.~ - --........::l....:4:.:2:..:..._ _ __ .....A.....,.... li~K~.~,!l'l1okut.
o..........aP.....;rc...;a.:..:.k=-=a:!a:s.!.!
Answer : 1n case of adulte husband of the wife w ith whom adulte 1s committed can fil
I ea
complaint and take action against a concerned man.
-B . " -bat are the requirements of valid marriage under the Muslim Law?
Ans,, ab and acce arties sh
the be married dians . i
should be no impediments in the way o marriage/ no matrimonial prohibitions. ·
44. GiYe any two grounds of divorce available to a Muslim wife under the Dissolution of M u~lim
Marriages Act, 1939.
Answer : i) Whereab~uts of the husband have not been known for a period of 4 years; ii) Failure of
the husband to provide maintenance to the wife for a period of2 years. -
45. Define 'Talaq-ul-biddat'.

Answer : Talag-ul-biddat is a pronouncement of talag in a single tuhr and is irrevocable in nature. In
Talag-ul-biddat or talag-ul-bain, the talag or divorce takes effect forthwith or immediately. -
46. \Vhen can a married Hindu adopt a child ?

Answer : Un de the Hindu Adoptions and maintenance Act. 1956, he can adopt a child with the
consent of h is wife. If he wants to adopt a son, then he must not have a Hindu son, son' s son or son·s
son' s son living at the time of adoption; If he wants to adopt a daughter, then be must not have l
Hindu daughter. or son's daughter living at the time of adoption. So also also he must be at least 21
vears older than the daughter to be adopted.
47. When can a female Hindu adopt a child?

Answer : Under the Hindu Adoptions and Maintenance Act, 1956, any female Hindu - a) who i.5 °i
sound mind: b) who is not a m inor; and c) who is not married, or if married. whose marriage ~
been dissol ved or whose husband is dead or has completely and finally renounced the world or ~
ceased to be a Hindu or has been declared by a Court of competent jurisd iction to be of unsQl!Q!l
mind. has a capacity to take a son or daughter in adoption.
48. Jn which case the Supreme Court decided that right to life includes right to education '?
Answer : Unni Kri shnan v/s . State of Andhra Pradesh.
49. Which landmark case lays down the principles rch1ting to sexual harnssmcnt nt workphn:e
Answer : Vi&hakha v/s. St.ate; o f Ra jasthan .
to Women & Children. 143. Author-Pro. Prakash K. Mokal.
e (ft.ccoriino to 06jective QJlestion <Paper <Pattern}

UNIVERSITY EXAMINATION QUESTION PAPERS
- Nos. [1] to [8]
£aw ~fatino to 'Women ant! Cfiifaren
~etfCourse
[1]
[April, 2005]
fjroe : 3 Hours
Marks: 100.
'With So{utions
N.B.
1) Answer Section I on the Question Paper itself.
2) Use answer sheets and additional sheets for Section II.
3) Section I shall be collected at the end of the first hour.
SECTION - I (Marks : 40)
Q. I:
A) Answer in 2 sentences-Each question carries One mark : - 10.
1. Who are natural guardians of a Hindu child under the Hindu Minority and G uardianship Act,
1956?
Answer : In case of a boy or unmarried girl - Father and after him the mother; Illegitimate boy or
&Jr)== Mother and after her the father.
2. In case of adultery, who can take an action ?

~~wer =. Under Section 497 of IPC. the offence of adultery is committed by third man against a
~ a~d 10 respect of his w ife; Therefore, the husband of the woman with w hom the accused
~mitted an adultery, can file a complaint.
3. Wh· h
An •c Act frames rules relating to the divorce of a C hristian woman ?
Act · Tj,,he D'ivorce Act, 1869 (Amended Act o f 200 I ) called as "The Di vorce (Amt:ndmcnt)
~
~
200
• R~el:.::a:.:.h!::!.:,!.!, ._t=.!<o:.......:....:1~....:.o:..:.n:..:.,e:::;.;,,:..:..,..::&=-·. ::C::.:.l::.:.,i::.:.ld:.:.r. ::e~11~._ _ _ ___;;;.t-"4-"4..;..._ _ _ _ _
~L:::n.:..:H~ A_u_.t_/,_{)_r_-_P_r_o~._P_r=ak=a~s~h.:...!..!K~"Y."
- • I YJ()kQ[,
4. Give two grounds for di"orce available to Muslim wife under the Dissolution of 1\1
Marriages Act, 1939. Uslini
Answer: i Husband is missin for four ears or more· ii Failure or ne
a eriod of tv,,o ears or more· iii lm risonment for 7 ears or more· iv
5. Name the Act which lays down divorce rules relating to Parsi women.
Answer : The Parsi Marriage and Divorce Act, 1936.
6. Can aged par·ents claim maintenance from their son or daughter?

Answer: Yes. Under Section 125 of the Cr.P.C. and under the Hindu Adoptions and Mainten
Act, 1956. ~
7. How can a chiJd sue and be sued?

Answer : EveD'. suit by a mi~or be instituted in his name by a person and who in such a suit shall be
called th next fnend of the mmor. - ~
8. What is the meaning of the term 'Sati'?

Answer : Burning or burying alive of any widow alongwith the body of her deceased husband.
9. Under the Hindu Marriage Act, 1955, what i~ the status of a child of void marriage?
Answer : Child is legitimate and can inherit the property of his parents only. [{Section 16 (1) and
ill1
10. What is of paramount importance under the Hindu Minority and Guardianship Act, 1956?
Answer : Appointment of guardian by the Court and welfare of the child is also of paramount
importance.
B) Tick correct answer-Each question carries One mark : = (10).

11. No child under the age of 14 years is allowed to work in hazardous industry under Article -
a) 15 (3).
b) 23.
c) 24.
d) 45.
12. Vishakha v/s. State of Rajasthan lays down the principles relating to-.
a) Equality on the basis of sex.
b) Equal pay for equal work.
c) Sex ual harassment at the work places.
dJ Legal aid.
l 3. Under the Hindu Marriage Act, I 955, can husband without income, claim maintenance, froin his
earning w ife?
Answer: Yes.
I 4. Testimony of the child is -
a) Always a ll owed.
bJ Never allowed.
c) Allowed on ly if the child c.:an unde rs tand the questi on.
d) Allowed only if he c.:an answer all the quc;st ions.
15. Opinions of two registered mcdi<.;al pr.actionc rs arc necessary to terminate pregnancy or -
• Women & Children • 145. Autl,or - Pro. Prakash K. Mokal.
l 011,Relatm 10
a) 4 weeks.
b) 4 to 12 weeks.
c)~
b ,ond 20 weeks.
d_) . e) age of the child under various labour laws is -
I6•
Minimum
a) ~
b) 18 years.
c) 21 years.
d) different under differe_nt la~s. . .
1guardian for married mmor girl 1s -
17. Natura
a) father.
b) Mother.
c) futsband.
d) father-in-law.
S. Child Welfare Board is constituted under -
I a) The Children_'s Act, 1960. . _
b} Juvenile Justice (Care and Protection to Children) Act, 2000.
c) Guardians and Wards Act, 1890.
d) Family Court Act, 1984.
!9. Section to of the Divorce Act as amended in 200 l, both husband and wife have -
a) only adultery as a ground of divorce.
b) right to divorce by mutual consent
c) adultery along with cruelty as a ground for divorce.
20. "Woman employee in Indian Foreign Service must take prior permission of the Government before
getting married". This rule has been struck down in -
a) Muthuamma Case.
b) Sbabbano Case.
c) Nargeesh Mirza Case.
d) Husseinara Khatoon Case.
C) Fill in the blank with necessary word/words :

ll. Sale, hire, exhibition, circulation of ............ books, pamphlets, drawing is an offence under the
Indian Penal Code, as it may corrupt the tender mind of the child.
Answer : obscene.
22· If husband is living with concubine, then Hindu wife has right to claim maintenance even if she is
············ ··········
Answer: residing separately.
23
· Male Hindu child gets share in coparcenary property from the time of .. .. ............. .
A.nswer: his birth.
24
· Under Muslim Law, daughter takes ....... Share of a son if father dies intestate.
2S ·
Ariswer ·. Half·
· Child Labour Ad vrsory · commrttee
· ·1s constitute
· d unuer,1 . . . . . . . . . . . . . . . . . ... A ct.
26 Arrswer: The Chi ldren 's Act, 1960.
· t~en~er the Civil Procedure Code, where the defendant is minor, guardian is appointed for him by
······ ··
An_twer.; ·c~~~--.
Law Relatin to Women & Children . 146. Author - Pro . Prakash K. MokaL
27. Right against exploitation (human traffic and forced labour) is given under Article ... ....... of the
Constitution of India.
Answer: 23.
28. Under Factories Act, no woman is required or allowed to work during .......... ... .
Answer: 7 p.m. to 6 a.m.
29. .. .. . : ........... .. ... is an amount to be given by a Muslim husband to his wife in consideration of
mamage.
Answer : Dower or 'Mahr'
30. Apart from leave and wages, women are allowed two nursing breaks at work after delivery Under
.. .. ............ Act.
Answer : The Maternity Benefits Act, 196 1.
D) Define following terms under the statute/Law specified in your own words. Each answer should
not be more than Two sentences : == (Marktm
31. 'Minor' under the Minority and Guardian ship Act, 1956.
Answer : Minor is a person who has not completed 18 years of age.
32. 'Maintenance' under the Hindu Adoption and Maintenance Act, 1956.
Answer : Maintenance is the allowance to be given by the husband to the wife for food
clothing, residence, education and medical attendance and treatment and in case of unmarried
daughter, reasonable expenses to her marriage.
33. 'Brothel' under the Immoral Traffic (Prevention) Act, 1956.
Answer : Brothel means any house or place which is used for the purposes of sexual
exploitation or abuse for the gain of another person, or for the gain of two or more prostitutes.
34. 'Child marriage' under the Child Marriage Restraint Act, 1929.
Answer : Child means a male who has not completed 21 years of age, and if a female who has
not completed 18 years of age.
35. 'Child' under the Immoral Traffic (Prevention) Act.
36. 'Genetic clinic' under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994.
Answer : Means a clinic, institute, hospital or nursing home or any place by whatever ~
called, which is used for conducting pre-natal diagnostic procedures.
37. 'Talak Hasan' under Muslim Law.
Answer : This form of divorce consists of three pronouncements made during three sue~
tuhrs, during which sexual intercourse should not have taken place.
38. 'Delinquent child' under the Children's Act, 1960.
Answer : Means a child who has been found to have committed an offence.
39. What is 'Family Court?
Answer : Means a Court which is established by the State Government under the F a ~
Act, 1984 for a city or town having population of one million or more.
40. 'Young person' under the Young Persons (Harmful Publication) Act, 1956.
Answer: Means a person under the age of 20 years.
SECTION - II (Marks : 60)
Q. 11 : Answer Anv Two uestions. Each uestion carries 10 marks : :::

10 ,nen & Clrildren . 147. A11tlwr - Pro. Prakas h K. Mokul.
,fle/atin
L11"' . · .
C stitution of India safeguard mterest a nd n g hts of women ?
, ,,, does _
t~e onith case law under the fo llowing headings -
1
1) riO v1s1ons w bl .
•-cuss pro a) u ·o der the .Pream e.
01s
b) Equality n g~t:
c) Specia l prov1_s1ons;_ _
d) Under directive pnnc1ples.
• with case law - . .

ii £~pl3in a) Sexual harassment at places; b) Ri ght to educat1011.
. protection given to children under the Juvenile Justice (Care and Protection to Ch ildren)
1
,) Discuss t1e
. ~ooo with respect ~o . . .
..\ct. ~ a) Juvemle m confl_1ct ~ tt~ law. .
b) Authorities and mshtu~1o~s const!tuted under the Act.
c) Rehabilitation and social mtegrahon.
III: Write short notes on Any Four in not more than 10 sentences : = 20.
Q. a) Need for Uniform Civil Code ..
b) Lmportant provisions o f CEDA W.
c) Minors agreement.
d) Rights given to children under the U nited Nations Convention on the Rights of the
Child, 1989.
e) Suits by and against minors.
f) Aims and objects of Dowry Prohibition Act, 1961.
Q. IV: Solve Any Two problems.

Give reasons for your answer : = 20.
1) Determine the share of a Hindu wife 'W' if her husband 'H' -

i) Dies intestate, leaving behind ' W ', father, mother, 2 s·o ns and one daughter.
Answer: The intestate' s widow ' W' and mother, 2 sons and a daughter are the C lass I legal heirs.
Therefore, They all w ill get equal share i.e. I/5 th share. Thus, ' W ' will get l / 5lh share. And the
~the: being a Class II heir will get nothing.
11 ) Dies intestate, leaving behind 'W', along with other wife ' W l ' (both marriages are prior to
195 5), brother, sister and the widow of the predeceased son.
~ nswer_: The intestate 's widows 'W' and 'W I ' the widow of h is predeceased son are the C lass 1
!llil heirs. Therefo re, They a ll will get equal share i.e. I/3 th s hare . T hus , 'W' w ill get ll 3 th sh,u·e.
~~t~e brother and sister being a C lass II he irs will get nothing.
~ ) ies bequeathing al his property by w ill to his friend 'F'
-!!£.Wer_: Entire property wi ll go to 'F' according to the testam e ntary law or
Wills. Widow will
~
IV)D' .
hous~;s intestate leaving o nly dwelling ho use o f joint famil y. Can 'W ' ask for the partition of the
~ h o; in such case, if intestate has left behi nd him also mall: members n.:s id i11 11 in tliL· sa me
nuswer
se ' W' . -- . . =- .
th erein
~ . B cannot. ask for -gartition unl ess · male h1;:irs <.: house to dcv1dc thei r rt:.SllL:d1V
- (: -s hares
-- --
~ ut sttll the ' W ' has r ig ht to reside in the dwelling IHJu~u.
~
2) ls adoption valid under the Hindu Adoptions and Maintenance Act, 1956, in the following caSep
Give reasons. · ·
14 years old Ram, a Hindu boy, -
i) is adopted by 25 years o1d utµnarried Mina, a Hindu woman.
Answer : No, the child being adopted by her is of opposite sex, there bas to be the age differe
by 21 years, therefore adoption is not valid. ~
ii) is adopted by 38 years old Lina, a married Hindu woman, without consulting her husband.
Answer : Though age difference is more than 2 1 years, but she being a married woman cannot
take the child in adoption without the consent of her husband unless the husband is dead or i ; ;
or has ceased to be a Hindu by conversion to another religion. ~
iii) is adopted by Shyam, 26 years old Hindu man who has two sons. Shyam has taken the consent
of his wife.
Answer : One of the requisite of the valid adoption is that the person adopting a son should not
have a son of his own. Therefore, in this case though the consent of the wife is taken adoption~
not valid for he has his own son . -
iv) is adopted by Mahesh without actual transfer of the child.
Answer : One of the requisite of a valid adoption is that the child being taken in adoption must
have been given and taken actually by the natural father and adoptive father. Since that giving and
taking is not happened, the adoption is not valid.
v) is adopted by Anand without Datta Homa (raditional ceremony of adoption).
Answer : Yes, in this case the adoption would be valid if actual giving and taking has happened.
even in the absence of the performance of the Datta Homa ceremony.
3) Answer following problems with reasons.

i) 4 year old Veer kills his friend while playing. Is he criminally liable.
Answer : No, he being the child below 7 years of age is not liable criminally u/s. 82 of the I.P.C.
ii) 12 years old Kumar who is mature for his age and understands the consequences of his action,
causes grievous hurt to his servant. Is Kumar criminally liable ?
Answer : Yes, under Section 83 if the child above 7 years and below 12 years does not posse~
sufficient maturity or judge the nature and consequences of his act then only he cannot be h~
liable criminally. But in this case Kumar the boy of 12 years of age possesses sufficient mat..l:!l}lY
of understanding, and therefore, he is liable.
iii) A pregnant woman working in a factory for a one year, loses her child due to.accident at home
Is she entitled to any benefit under the Maternity Benefits Act, 1-961 ?
Answer : Yes, she is entitled to more maternity leaves under the Maternity Benefits Act, t 2.fil-1_ a
iv) Nita had made 3 complaints to police that her husband and mother-in-law were demao<ltno
money from her father. Nita died due to severe bums within one year of her marriage. Can anY
action be taken against her husband and mother-in-law ?
Answer: Yes. Under Sections 304-B (Dowry death). and 498-A (Cruelty for dowry1 'k .
. h e'1
v) Chandani, a brothel madam, buys a 14 years old Nima. Chandani says that Nirna 15
daughter to her. Can police take any action against Chandani ? · . IY for
Answer : Yes. Because she being a brothel woman and further buying a girl, is c e ~
commercial exploitation, abuse and gain purposes, hence, police can take an action~
Suppression oflmmoral Traffic Act, and she is liable.
to Women & Children . 149. Author - Pro . Prakash K. Mokal
[2]
[April, 2005]
Marks: 100 .
. I{ours
fiJJlC ' 3
'Witli So{utions
~.a. 1) Answer Section I on the Question Paper itself.
Z) Use answer sheets and additional sheets for Section II.
3) Section l shall be collected at the end of the first hour.
Q. I :
= 10.
A) ruiswer in 2 sentences.Each question carries one mark :
I. Who are natural guardians of a Hindu child under the Hindu Minority and Guardianship Act,
1956 ?
Answer: ln case of a bo or unmarried a irl = Father and after him the mother Ille itimate bo or
girl == Mother and after her the father.
2. In case of adultery, who can take an action ?

Answer : Under Section 497 of IPC, the offence of adultery is committed by third man against a
husband in respect of his w ife: T herefore, the husband of the woman w ith w hom the accused
committed an adultery, can fi le a complaint.
3.Which Act frames rules relating to the divorce of a Christian woman ?

Answer : The Divorce Act, 1869 (Amended Act of 2001 ) called as " The D ivorce (Amendment) Act.
200)".
4· 1° which case the Supreme Court decided that right to life includes r ight to education ?
Answer : Unni Krishnan v/s. State of A . P.
s,: c·': e twogrounds for divorce available to Muslim wife under the Dissolution of Muslim
. larriages
A
Act, 1939 •
~ : i ) Husband is missin g for four years or more· ii) Failure or neglect to mainta in the w ife for a
~ t w years or more: ...
0 111) Impn·sonment for 7 years
' ·
or more; 1v) Impotency o f the lm s b and .
6· What ·
Ans ,15 of paramount importance under the Hind u minority and Guardianship Act, 1956 '?
~
~ Welf; f the mino r is of para mount importance, cons,'de ranon
. wI11·1e appointing
. . t I1e
7. und
er the Hindu M arra· age Act, 1955, wha t is the status o t· a c tII' Id o t· a vo1"d marrrngc
. .,.
/
Law Re/nan ro H ·omen & Children. 150. A uthor - Pro. Prakash K. Moku/.
Answer : Child is legitimate and can inherit the prope1iy of his parents only. [(Section 16 ( 1) ~
8. ln 2001. what was the si.g nificant amendment made to the Indian Divorce Act, 1869 ?
Answer : U/s. 1, the word "Indian" is omitted ; Earlier grounds of divorce which were available to th
s ouses and were Yet · difficult to rove under Section 10 are removed and new rounds of ~
are incom orated bringing them at par to the main stream of other personal laws. ce
9. \Yhy amniocentesis te.sts are controlled ?

Answer : In order to prevent female foeticide by sex determination through amniocentesis.
10. \\-hat is the meaning of the term 'Sati' ?

Answer : Burning or burying alive of any widow alongwith the body of her deceased husband.
B) Tick correct answer-Each question carries One mark: = OQ1

11. 1o child under tbe age of 14 years is allowed to work in hazardous industry under Article -
a) 15(3).
b) 23.
c) 24.
d) 45.
12. V ishakha v/s. State of Rajasthan lays down the principles relating to -
a) Equality on the basis of sex.
b) Equal pay for equal work.
c) Sexual harassment at the work places.
d) Legal aid.
13. The custom of ' Sati ' was first banned in 1929 due to efforts by
a) Mahatma Gandhi.
b ) Indira Gandhi.
c) Mahatma Phule.
d) Raja Ram Mohan Roy.
14. Testimony of the child is -
a) Always allowed.
b) Never allowed.
c) Allowed only if the child can understand the question.
d) Allowed onl y if he can answer a ll the questio ns.
IS. Opinions of two registered medical practioners are necessary to terminate pregnancy of -
aJ 4 weeks.
b) 4 to I 2 weeh.
t) 12 to 20 weeks.
d) beyond 2(J wceh.
16. Minim um age of the child under variow, labour laws is
a) l 4 yean•.
bJ IX yean,.
c.:J 2 l yean,.
d) differen t under difltrent law!).
17. The unl y Jnt.ernc.11iona l (Jrganii'.ation !-> pcc ili c,tlly airni11g ll> p rnl l:cl rig ht-; ut' child is
a) WH (J.
bJ JLO.
I
• to ~f10tn!!!£
/l_e/fJtm· ; ; . _ __ --"1~5~1.:..
- en~&=-C::::.:h;.:.;i=ld.;.;..r.en'-'-'-. . _ __ _,A
1.!.fUlU!htQo:r...r=J
P1roruCG..
· f.P'.!!ra'll!k~a§.lshtKK.:.JMMQo~kar4_/.
LP"'
tJNESCO-
c) JCEF. .
d) ~oard is constituted under -
. dWelfare
18 c111l Ch"ldren's
1 Act I 960.
· a) ~ 11 Justice (Care and Protection to Children) Act 2000.
1uven e '
b) ·Guard'ians and Wards Act, 1890.
c) ·ly Court Act, 1984.
d) Fan11 . d. F . S . k .
employee m In ian ore1gn erv1ce must ta e pnor pem1ission of the Government befor
19. "\\lollla~ d"' This rule has been struck down in - e
• (T
11
n1arne · ·
e?tt1 =· M thuamma's Case .
. a)~
b) Shah Bano Case.
c) Nargeesh Meerza Case.
d) Husseinara Khatoon Case.. _ _
. l0 of the Divorce Act as amended m 2001 , both husband and wife have -
lO Secuon d f d. . .
· a) Q!ill' adultery as a groun o 1vorce.
b) right to divorce by mutual consent.
c) adultery along with cruelty as a ground for divorce.
C) Fill in the blan~ ~~th ne~essar_y word/words : . _

?I. Sale, hire, exh1b1t1on, circulation of ........ .. .. books, pamphlets, drawmg 1s an offence under the
Indian Penal Code, as it may corrupt the tender mind of the child.
Answer : obscene.
22, If husband is living with concubine, then Hindu wife has right to claim maintenance even if she is
Answer : residing separately.

23. Male Hindu child gets share in coparcenary property from the time of ..... .. .. ........ .
Answer : his birth. ·
14. Under Muslim Law, daughter takes ... ... . Share of a son if father dies intestate.
Answer : Half.
25· Child Labour Ad v1sory · Comnuttee
· · constitute
1s · d under ... ... .. .. . . .. . . .. .. . Act.
Answer: The Children's Act 1960.
26
- Under the Civil Procedure Code, where the defendant is minor, guardian is appointed for him by the
······ ·· ··········· ··
Answer : Court.
7
~0-Right against exploitation (human traffic and forced labour) is given under Article .. .. ...... of the
nst,tution of India.
28 nd
An_swer : 23
·U er Factories Act, no woman 1s · required
· or a11owed to work dunng · ............. .
29 ~ er : 7 p.m. to 6 a.m.
•................ Is an amount to be given by a Muslim husband to his wife in consideration of marriage.
30A ~ : Dower or 'Mahr'
...: Part from leave and wages , women are allowed two nursing breaks at work al'tcr delivery under
···----.... Act.
~ T h e Maternity Benefits Act, 196 1.
0) Define t U .
n o 1 ~tng.terms under the statute/Law specified in your own words. Each answer should
~ Two sentences: - (Marks 10).
Law Re/atin to Women & Children. 152. Author - Pro . Prakash K• M 0 kQ/.
31. 'Minor' under the Minority and Guardian ship Act, 1956.
Answer : Minor is a person who has not completed 18 years of age.
32. Maintenance under the Hindu Adoption and Maintenance Act, 1956.
An_swer : Mainte?ance is the ~Uowance to be given by the husban? to the wife for f~od, clothin
residence, education and medical attenda nce and treatment and m case of unmamed ~
. ~
reasonable expenses to her mamage.
33. 'Brothel' under the Immoral Traffic (Prevention) Act, 1956.
Answer : Brothel means any house or place which is used for the purposes of sexual exploitation
. o f two or more prostitutes.
abuse for the gain of another person, or fort h e gam . ___,__Q[
34. 'Child marriage' under the Child Marriage R estraint Act, 1929.
Answer : Child means a male who has not completed 2 1 years of age, and if a female who has n 1
-2:
completed 18 years of age.
35. 'Child' under the Immoral Traffic (Prevention) Act, 1956.
Answer : Child means a person who bas not completed 16 years of age.
36. 'Genetic clinic' under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Mi&use) Act, 1994.
Answer : Means a clinic, institute. hospital or nursing home or any place by whatever name called:,
w hich is used for conducting pre-natal diagnostic procedures.
37. 'Talak Hasan' under Muslim Law.
A nswer : This form of divorce consists of three pronouncements made during three successive tuhrs,
during which sexual intercourse should not have taken place.
38. 'Delinquent child' under the Children's Act, 1960.
Answer : Means a child who has been found to have committed an offence.
39. What is 'Family Court?
Answer : Means a Court which is established by the State Government under the Family Court Act,
1984 for a city or town having population of one· mill ion or more.
40. 'Young person' under the Young Persons (Harmful Publication) Act, 1956.
Answer : Means a person under the age of 20 years.
SECTION - Il (Marks : 60)
Q. II: Answer An v Two questions. Each question carries 10 marks : = ( Marks 2fil:
I) How does the Constitution of India safeguard interest and rights of women ?
Discuss provisions with case law under the following headings -
a) Under the Preamble;
b) Equality right;
c) Special provisions;
d) Under directive principles.
2) Explain with case law -
a) Sexual harassment at places; b) Right to education.
10
3) Discuss the protection g iven to ch ildren under the Juvenile Justice (Care and Protection
a) Juvenile in confli ct with law.
b) Authorities and ins ti tutions constituted unde r the Act.
c) Rehabilitat ion and social in tegration.
Q. fl I : Write short notes on Any Four in not more than lO sentences : ~

- zo.
/
en & Ciiildre11 . I SJ. A 11.tlwr - Pro . Praka.\·/, K. Mok"L.

p._e/11-tin
LP''' fi Uniform Civil Code.
a) "Need or t provisions of CEDA W.
111,portan
b) ·nors agreement._ . . . .
c) M_ 1 _ ·vcn to childre n under the Un ited N:11·1n ns Convcn t1011 on the Rig hts of the C hild ,
d) Rights g1
\989, . .
. b :tnd aga111st mmo rs.
Suits )1 ' ~- p I .b. . A
c) . d objects of Dov,1ry ro 11 111 0 11 c t, 1961.
f) Aims an .
. Two roblems.
,· : soire An for your answer : = 20.
Q.1 ~ s
, the share of a Hindu wife 'W' if her husband 'H' -
I) oeternu_
ne tate leaving behind ' W'. father, mother, 2 sons and one daughter.
1')D1e,intes
.'
· ·
• The intestate's widow
' W ' and mot11er 2 sons an d a dau hter are the C' lass J le al heirs.
Ans";,r · The I all will o-et e ual share i.e. 115th share. Thus 'W' will et I/5 th share. And the
There ore. . . h·
. being a Class II heir wil l get not mg.
tallier
~ intestate. - leaving be1u~· d ' W ' , a long wit
. h oth er w11e
..c. 'W l' (both .marriages
. . to
are prior
1955). brother. sister and th~ w1do~ ~f the rred~ceased_ son. .
Answer: The intestate 's widows . W and W 1 the_ w1do~hof his predece~se~ s?n are the Class l
~l heirs. Therefore. They all will get e qual share 1.e. 1/3 share. Thus, W will get I/3 th share.
And the brother and sister being a Class II heirs wpl get nothing.
iii) Dies bequeathing al his property by will to his friend 'F'
Answer : Entire property will go to ' F' according to the testamentary law of Wills. Widow will
wnothing.
ir) Dies intestate leaving only dwelling house of joint family. Can 'W' ask for the partition of the
house?
Answer : in such case, if intestate has left behind him also male members residing in the same
house. ' W' cannot ask for partition unless male heirs choos·e to divide their respective shares
therein. But still the 'W ' has right to reside in the dwelling house.
1) Is adoption valid under the Hindu Adoptions and Maintenance Act, 1956, in the following
cases ? Give reasons.
_14_years old Ram, a Hindu boy, -
1 15
) adopted by 25 years old unmarried Mina, a Hindu woman.
~swer: No, the child being adopted by her is of opposite sex, there has to be the age differencc-
::-L21 vears. therefore adoption is not valid.
inis ~o~ted by 38 years o ld L ina, a married Hindu woman, witho ut consulting her hus band.
~tak~~r · ~hough a ge d ifference is m ore than 2 1 years, but s he being a married w oman cmrnot
't e chi ld ·111 ad option
·
~ without the consent of her husband unl ess the husband is de-ad L)r
~ )a?e orJias ceased to be a Hindu by convers io n t o another re lig ion.
Ls adopted b Sh
con&e t f . _Y · yam, 26 years o ld Hindu man w ho has two sons . S hyam has t~1kc-11 the
n °
his wife.
~ n_e of the req uisite of the val id adop tion is that lhe _Derso11 adtwting a s ,m sh,,uld not
~ of his ow~. Therefore , in this <.;asc tho ugh the c~ 11s~ 11t or
the w ik is tah·u ad '-)t lliLHI is
iv) i!> ado or he has hi s own son.
pted by Mahesh without ac;tual trnns f<.:r of lhl: c hild.
Law Re/atin to J¥ome11 & Children . 154. Author - Pro. Prakash I(, .t.1
• lYlOkqL
A nswer : One of the re uisite of a valid ado tion is that the child bein 1 taken in ado t'
have been iven and taken actuall b the natural father and ado tive father. Since that i~n !llust
taking is not happened, the adoption is not valid. in and
v) is adopted by Anand without Datta Homa (raditiooal ceremony of adoption).
Answer : Yes in this case the ado tion would be valid if actual ivin and takin
even in the absence of the performance of the Datta Homa ceremony.
3) Answer following problems with reasons.

i) 4 year old Veer kills his friend while playing. Is he criminally.liable.
Answer: No, he being the c~ild below 7 y~ars of age is not liable criminally u/s. 82 of the l.P.C
ii) 12 years old Kumar who ts mature for his age and understands the consequences of h ~
causes grievous hurt to his servant. Is Kumar criminally liable ? c ton,
Answer : Yes, under Section 83 if the child above 7 years and below 12 years does not os
sufficient maturity or judge the nature and consequences of his act then only he cannot~
liable criminally. But in this case Kumar the. boy of 12 years of age possesses sufficient~
of understanding, and therefore, he is liable. .
iii) A pregnant woman working in a factory for a one year, loses her child due to accident at
home Is she entitled to any benefit under the Maternity Benefits Act, 1961 ?
Answer: Yes, she is entitled to more maternity leaves under the Maternity Benefits Act, 1961 ?
iv) Nita had made 3 complaints to police that her husband and mother-in-law were demandino
C
money from her father. Nita died due to severe burns w ithin one year of her marriage. Can any
action be taken against her husband and mother-in-law ?
Answer: Yes. Under Sections 304-B (Dowry death), and 498-A (Cruelty for dowry).
v) Chandani, a brothel madam, buys a 14 years old Nima. Chandani says that Nima is like a
daughter to her. Can police take any action against Chandani ?
Answer : Yes. Because she being a brothel woman and further buying a girl, is certainly for
commercial exploitation, abuse and gain purposes, hence, police can take an action under the
Suppression of Immoral Traffic Act, and she is liable.
[3]
[November, 2005 (24/11/2005)] I
Time : 3 Hours Marks:!!,

:..,
With So{utions
N.B.
1) Answer Section l on the Question Paper itself.
2) Use answer sheets and addi tional sheets fo r Section IJ.
3) Section l shall be collected at the end of the first hour.
Q. I: Answer folJowing questions in One sentence :

,,,en & Cltildre11 . 155. A utho r - Pro : Prakash K. Mokul.
11..efarirt
11
LD ' CEDAW stand for ?
w1111t doecs vention on the E limination of all forms of Discrimination /\. a inst Women
I, r : on . . . .
Answe , rounds for d1\lorce available to Mushm wife under the Dissolution of Muslim
2, Gi"e ~':sgAct, 1939.
Marnag. . Im risomnent of the husband fo r 7 ears or m ore· ii Im Jolene o f the husband· ii i
Answer. t d
. . . 0 f the husban : etc.
1nsanit . 0180 liable for ,·aping his wife ?
.t \\"he~ ~ Sexual intercourse b the husband w ith his wife be in under the a ,e of J 5 ears.
15
Answer . .
· 0 to Section 3 7 5 .
IPC)
~
c• ..u , 0 grounds for divorce under the Hindu Marriage Act, 1955.
1 •e 80'' ln'
~- ' . •• c ruelty; Desertion; A dultery.
Ans"er. ?
~ is matrimonial prop.erty . .
5· .\nswer : property exclu~m g Stndhan and ancestral property of husband which is jointl y
:...- ·red by husband and w ife.
~Ul • ?
What is Talak-ul-b1ddat . .
6
· Answer : This form of Talak consists of three pronouncements made during a single period of
~ (Period of purity).
7. Why is sex determination test banned ?
Answer : To prevent and restrain the practice of female foeticide.
8. What does ' a juvenile in conflict with law' mean ?
Answer : A juvenile who is alleged to have committed an offence.
9. Give two reasons for which m t:dical termination of pregnancy allowed.
Answer : 1) Pregnancy caused ·by rape; 2) Life of woman is danger.
10. Can a Hindu man claim maintenance from bis wife ?
Answer: Yes. Under the Hindu Marriage Act, 1955.
Tick the correct answer :
11. Child Welfare Board is constituted under -

a) The Children Act, 1960.
b) The Juvenile Justice (Care and Protection to Chi ldren) Act, 2000.
c) The Guardians and Wards Act, 1890.
_ lf d) The Child Labour (Prohibition and Regulation) Act. _
12
a woman suffers miscarriage, then s he is entitled to leave with wages for a penod of -
a) IO weeks.
b) 12 weeks.
c) §_weeks.
d) 4 weeks.
13
· Anaunrnarr·ed
1 · u t·
H"mdu girl can adopt a son provided the age difference bctwet:n t Il t'lll 1s
) 12 ½ years.
1
b)~
c) 15 years.
14 Whd) 18 Years.
• Ich Act w J ) I) 1· I
Constitur as enacted to give e ffect to the Din;cti vt.: Princ ipl es und er /\rtich.: ( (t n t "h.'
10
n of lndia ?
a) The M ..
b) Th atern1ty B enefits Act.
e lmmoral Traffic (Prevent ion) Act.
1
1llf!Jt[!!l'!!."f.!"'~'~•~L.
R!l£.!cl~aJ.1fi!!rr.Ut,!!_
LL:!,!R,!!H'...!' ' !.,.C!!.h!!.ild·~flJ.C':"~·-
!.! (),!_,- -- --=-A""'i-',t"""
- - - . . . !1~5~ -- /,-'-
o_ r _-_l-" -· -'.-='-:'r..::11~k.!!:a•:!!~I!..!.,I<
' -'o"'
"'"' • M11k"1.
l') The l:yual Rcmtmcrntion /\cl.
1.n Family (\,\ll1S Act.
\s. Which 0 f the ·folh""ing is offence under the Commission of Sati Prevention Ac1 7
A11cmpt tl, l'ommit Sriti.
:i)
Abettinu commission of Sati.
b)
c) Pa11icip;ting. in the procession of Sali.
d) A\\ the three above.
16. Ri~ht to education is given under Article -
~ ~
a) 21.
b) 21 -A.
c) 39 (b).
d) 41 .
17. Article 24 of the Constitution of lndia provides -
a) Prohibition of traffic in human beings.
c) Rig.ht to life.
d) Prohibition of child labour.
d) Right to religion.
18. Under the Hindu Marriage Act, 1955, children are legitimate if born out of -
a) only Yalid marriage.
b) only void marriage.
c) only voidable marriage.
d) \'alid. voidable. and void marriages.
19. Minor"s agreement is -
a) void.
b) voidable at the instance of minor.
c} valid.
d) none of the above ..
20. In dowry cases, the burden of proof is on -
a) State.
b) Magistrate.
CJ Pers.on who is accused.
d ) Complainant.
fill in the blank with !luitable word/words :

. . {" . J I ' I ~•Jl' ~I
21. A inrnimum pun1 ~hment ,or cu:-.tod1al rape, a rape ol' a pregnant woman, child u11 ~r - .
ag,<:: and gang rape: i:-. ...... .. ycan,.
Am,wer : I (J .
22. Jn India. major factor rei,,porn,ibh.: for d1ild illiteracy i~ ........... . .
Am,v, c:r . Puvt:n y.
23. Children below 7 ycan, of' ag.c . . .. . . . . . . cri111i11al liability.
An!>wc1 . lia vt: no.
24. Under Mu!>lim law, daughtt:1 take:-. .. .. ..... .. , hmc ut' a -;w 1 1f fathl.'.i d1cs 1n11.:stall'.
Am,wer 1/1
25. . ... ••· ·· • •·· • i!> an a1nou11t to be g1vc11 by a Mrn,li111 liw,ba11d tu l11s will: i11 ClHISidcrall 1111·
An!.wer : Dower/Mahr.
26. Child in womb ....... ... .. ........ du11rngt:'> h.1r the i11.1urics.
,en & Children . 157. Author - Pro : Prakash K. Mokal.
,.. Relatit1 .
U r . cant clam,. ·
. court is constitute un d et· .. ......... . ..... . .. .. .
~ d
,7 farr11IY . Famil y Courts A c t. J 984.
~ . Answer . . . . . .
. ~rnan ni u•5t have wolke d at least ... .. ... .. Days 111 the year, to c lam, maternity benefit<•
.~.
8 A wo . 80
1· ~ . . · . . ..
of 2 1 weeks . . ...... . .. . be tem1 mated by the I eg1stc1ed med ,cal prac titioner.
pregnancy
J9. Answer : cannot. . . .
....- make special prov1s10ns for wom en under Article ............ .
State can
•10· Answer: 15 {3).
~
.•
0
terms under the statutes s ecified :
orfine folio" ,o
H. ·Rfgistered me~ical pra~t~tioner' under the Medical ter~ination_of Preg~anc?" Act, J971 .
· Answer: A medical ~ractitio ner who ~ossesses_ any recog~1zed medical g uahficat1o n as defined
~lause (h) of Section 2 of the Indian M edical Council Act, 1956, whose name has been
:Oiered in a State Medical Register and who has such experience or training in gynecology and
obstetrics as may be prescribed by rules made under this Act.
n -;-Prostitution' under the Immoral Traffic (Prevention) Act, 1956.
· •· Answer : Prostitution means the sexu al exploitation or a buse of persons for commercial
purposes. and the express ion prostitute sh all be construed accordingly.
33. 'Neglected juvenile' under the Juvenile Justice Act, 1986.
Answer: means a juve nile w ho has been abandoned or abused by its parents or relatives.
34. 'Sex selection' under the Pre C onception and Pre Natal Diagnostic Technique (Prohibition
of sex selection) Act, 1994.
Answer : It means the determination of the sex b y pre-natal diagnostic tests .
35. 'Begging' under the Juvenile Justice (Care and Protection to C hildren) Act, 2000.
Answer : Begging means soliciting or receiving alm s in a public place or by enterin2 into an,
Q..rivate premises for the same.
36· 'Maintenance' under th e Hindu Adoptions and Maintenance Act, 1956.
Ans~•er : 'Maintenance' includes provisi on for food, clothin g, residence. education and
medical attendance and trea tment, and in the case of unmarried dau ghter, the reasonable
txpenses of her marriage
37 '\ ·100 - ·
· An· 1 r' under the Hindu Minority and Guardianship Act, 1956.
38 ~ swer •· 'M inor
· ' means a person w ho has not com p Ieted t he age o f 18 years.
· ehnquent juvenile' under th e Juvenile Justice (C are and Protection to C hildrt'n) Act.
2000,
~Answer ·- Means who 1s
· a lleged to have com mitted
· ·
a crime • i I ~' \ c-a~
and who has not com p ldt'i.
39. 'Sat~-un
Answe _der ~he Commission of Sati Prevention Act, 1987. .
~ Sati means burni ng a li ve or buryin g a li ve or an y w idow a l011~ w ith tht' hi.llh i.J f ht'r
40. ~ S.b d
'Corr ·
an o r a long with a ny article o r object assoc..ill!.cd "l
joY tl 1 Il1clu1s b
a ml .
Ans ecttve institution ' under Immoral Traffic (Prohibition) Act, 1956.
~orrective institutio n m eans a n institution. b w hatcy_cr muu~ ca lk4 . hi:iu •• " 11.
~ lished or licenced as s uch unde r Sectio n 2 ll in whic h persons w hll.._slfu l!l!l~ed o.!
~ ned under thi s Acl a nd inc ludes a sheller where ,mdc,·-tria ls "'"l'.
he k<pl
aw Relatin to Women & Children. 158. Author - Pro . Prakash K. MokaL
Q . II : Answer Any Two questions : :::::

a) Discuss Constitutional provisions for the benefit of women. ~ 20
b) Discuss the m ain objects of Juvenile Justice (Care and Protection to Children) Act, 2000.
c) Explain the main provisions of the Pre-Natal Diagnostic Techniques (Regulation a d
Prevention of misuse) Act, 1994. u
Q. III : Write short notes on Any Four :

a) Objects of Medical Termination of Pregnancy Act.
b) Coparcenary and inheritance right of unborn Hindu child.
c) Commission o f Women.
d) Natural guardian of a child.
e) Suit by or against minor.
f) Sexual harassment women at work place.
Q. IV : Answer Any Two of the following :
A) What is share of Ganga, a Hindu woman in the following cases -

i) Her husband •M' dies leaving Ganga,. his two sons La1u and Bilu, one daughter Shilu.
ii) Her husband dies leaving one brother, one sister and Ganga.
iii) Her son dies leaving his mother Ganga, his widow Sita, his son Kishore .
iv) Her son dies unmarried leaving mother Ganga, father Shyam, brother Lalu.
v) Her daughter dies leaving her son, daughter and her husband and her mother Ganga.
B) Lata, a three years old girl married to Rajesh, a five year old boy by their parents.
i) Is child marriage legally sanctioned in India ?
ii) Have the parents of the children committed any offence ?
iii) If so, under which Act? What is the punishment ?
iv) ls the child marriage valid ?
v) ls there any International Convention that prohibits child marriage ?
C) Is any offence committed by following persons and are they punishable for it ?
i) Raj who employs twelve year old boy in his cracker making factory.
ii) Satish who employs wom en from 8 a.m. till 5 p.m.
iii) Archana who is registered medical practitioner, terminates 30 weeks pregnancy of a girl.
iv) Moti who gave dowry for bis daughters marriage.
v) Six years old Ravi killed his friend.
[4]
[May, 2006 (03/5/2006)]
Time : 3 Hours Marks: 100·
, ',. 'With So{utions

N.B.
n & Children . 159. A utltor - Pro . Prakash K. Mokal.
R_eJatiM
U.11' I on the Question Paper itself.
•
A05wer sec~::ets and additional sheets for Section Tl.
I) use answer ll be collected at the end of the first hour.
2) t1·00 I sha
sec
3) SECTION - I (Marks : 40}
rrect answer :
. ~ n t of the Apex Court in the case of Air India v/s. Nergesh Meerza is
Q• 1. t The tan ~a
· I red with -
re a A woman shall not be denied a job merely because she is a woman.
a)) _C nstitutional validity_of Section 497.
b o f k.
c) Sexual harass~e_nt o wor _mg woman.
d) Denial of semonty promotion on the ground of sex .
. . . . . . . . . . . is guilty of the offence of adultery.
2· ·H
····· ·~) ~~band of woman. .
b) Woman who is party to the offence.
·c) Man who is party to the offence.
d) Both man and woman who are parties to the offence of adultery.
3. Article ............ of the Constitution of India provides equal justice and free legal aid.
a) 42.
b) 44.
c) 38-A.
d) 39-A.
4. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . case 1s considered as a mile stone for the case of Sexual
harassment of working women.
a) Vishakha v/s. State of Rajasthan.
b) Sarla Mudgal v/s. Union of India.
c) Lechandas v/s. State of Rajasthan.
d) lndravati and others v/s. Union of India.
5· Section 113-A of the Evidence Act has been introduced with effect from -
a) 30th Dec. 1983.
th
b) 25 Dec. 1983.
th
c) 25 Dec. 1984.
th
d) 27 Feb. 1984.
6
" Kge_e ping of second woman or mistress during the subsistence of first wife, husband may be
Ul 1ty of-
a) Adultery.
b) Bigam.Y.:_
c) Rape.
7 p .d) None of the above
. un1shme t .-10 .
. n r dowry death is -
a) !!!m!:ison
b) d men t not Iess than 7 years and may extend to life. ·
. eath punishment.
c) 1mpriso . _
d) No i~ n_ment upto 10 years and fine upto Rs. 50,000/-
8· Penal ro . . pnsonment, only fine.
a)PQ.rosn..,_..: under
vision .. _ Sect1on
· 304-8 of -the I. p .C . h·as· ...... .... ..... e•1-·t·· ·
eel.
· ~
Law R elatin to Women & Children. 160. Author - Pro . Prakash K. M0 k
• aL
b) retrospective.
c) only for 50 years.
d) none of the above.
9. Under Section 125 of the Cr. P.C............ .. .... women can demand for maintenance.
a) onl y Muslim women.
b) only Hindu women.
c) women from all religions.
d) only Parsi women.
10. Article . . . . . . . . . . . . . . . . . . of the Constitution of India provides for prohibition of immoral
trafficking in human beings.
a) 45.
b) 23.
c) 39-A.
d) 4 1.
Answer the folJowing questions in One sentence :

11. What is the difference between 'Dowry' and 'Stridhan' ?
Answer : Dow1y is demanded by the husband, In-laws etc. but Stridhan is given to the
w ife by love and affection or other presents made to her.
12. What does "SITA' stand for ?
Answer : Suppression of Immoral Traffic in women and girls, Act. 1956.
13. What is the period of limitation to make appeal in High Court from family Court?
Answer: 30 days [(Section I 9 (3)].
14. Who is a child under employment of Child Labour Act, 1938 ?
Answer : A child who has not completed 14 years of age.
l 5. What is desertion ?
Answer : Withdrawin g from the society of the other spouse without lawful excuse or
reasonable cause.
16. Name any two types of industries where a 'child' is prohibited to work.
Answer : 1) Coal m ines; 2) Construction work.
17. Define the expression 'quick with child'.
Answer : State or stage of pre gnancy where motion of foetus can be felt.
18. What is 'Spes Successionis' ?
Answer : Chance to succeed to the property.
19. Can a Muslim woman receive maintenance after receiving a 'Mehr' from husband ?
Answer: Yes. Under Section 125 of the Cr .P.C.
20. A woman employed on daily wages, is she entitled to maternity benefits ?
Answer : Yes. she is entitled to the maternity benefits.
Fill in the blank :

21 . Bigamy is statutori ly defined under Section ........... of IPC.
Answer : 494.
22. M in imum punis hment for dowry death is .......... . ... .
Answer : 7 years.
23. According to Child Labour Act, 1986 'Day' is .........
Answer : 8 a. m . to 7 p.m .
& Children. l 61. A uthor - l'ro. l'rnlws/, K. Mok.a l.
e/atin
ti/!!' R . Justice (Care and Protec tio n to C hildre n) Act. 2000, corT1cs into effect from
1uven11e .
z4 The .. . ..... .
· .... ... . •··· ···A··ns
· wer ·• 0 ·I /04/200 1. .
~ n in the property of a Hrndu female w ho dies intestate is .............. .
~. 511arcof 5te~~swer : On ly le gitimate and ille gitimate c hildre n a rc enti tled and not s tep
2
~ldrcn. .
t
.;e prena a
I diagnostic techmque, the age of woman must be ..... .. .... .... . . . .
f
z6. fo u. Answer: over 35 yea:s o a ge. . . . .
. . fi-: unifoni1 civil code 1s made under Article .......... of the Con st1tut1on of India.
,. prov1s1ot1 ot
11. Answer: 44.
_ d- i·es after appointing a testame ntary g uardia n, during lifetime of mother,
28. It. tather · wi 11 V\,ork as a guard.ian o f a c lu' ld .
·· ·· · · · · · · ·;.; ·swer : Mother.
1
-1), courts are to be set up for a town or city whose population exceeds .... .. ........ .
19 The f:an11 Answer: lOlakhs .
•·
.
. fi maintenance under Section 125 of Cr.P.C. is filed in . ... .... . Court where jt is set up.
;Q. Suit or .
· Answer : Magistrates.
Tickthe correct ans~er : . .

- 31. 1nvalid or irregular marnage 1s also known as -
a) Mura marriage.
b) Sahib marriage.
c) Fasid marriage.
d) Batil marriage.
ml in the blank :
32. 1n the Parsi Marriage and Divorce Act, 1936 , Section 32 is about ........... ...... .
Answer : Grounds for divorce.
33. Section 25 of the Hindu Marriage Act, 1955 is about .. ....... ... . .
Answer: Permanent alimony and maintenance.
34. Section 26 of the Hindu Marriage Act, 1955 is about ... ....... .. ..
Answer : Custody of chi-ldren.
lli the correct answer :

35· The convention on the elimination of all forms of d iscrimination against women was adopted
by th e U.N. General Assembly on -
a) 18th Dec. 1979.
th
b) l 0 Dec. 1979.
c) J Yh Dec. 1979.
th
d) 12 Dec. 1979.
Answer.
~
6· What is .
an amniocentes is test?
A
~we_r : Test to determine hc~dth and sex or foetus. It is one or th~ prm:0dur~s fur pr~-
37 I) .-4 <l 1agnostic tests
· ehn c ·
Ae orrective Ins titution ' under the Immoral Trnflic (Prohit,ition) Act.
~ e r : Section 21 o f the Immoral Traf'lic.: ( Pro hibition) Act. .
Law Relatin to Women & Children. 162. Author-Pro. Prakash K. 111
. ,r1ok"t.
38. 'Child' under the Child Labour Prohibition and Regulation Act, 1986.
Answer : Under 14 years of age.
39. 'Delinquent juvenile' under the Juvenile Justice (Care and Protection to Childr
2000. en) Act,
Answer : A child who has not completed 18 years of age.
40. Define female foeticide.
Answer : Killing of a female foetus in the womb after determining it sex.
SECTION - Il (Marks : 60)
Q. II : Answer Anv Two of the followine :

1) Discuss· fully the provisions of National Commission of women.
2) Discuss fully the provisions of Maternity Benefit Act, 1961.
3) Discuss fully 'Adultery' under Section 497 of the Indian Penal Code.
Q.m : Write short notes on Any Four of the following :

1) Distinction between adultery and rape.
2) Doctrine of relation back.
3) Abetment of suicide.
4) Dowry.
5) Sati.
Q. IV: Solve Any Two problems giving reasons for your answer : = 20.
1) A Hindu male adopts child with the consent of his wife 'W'.
a) Can such adoption deprive the adoptive father or mother of the power to dispose of his or
her property by transfer inter vivos or by will?
,Answer: No. .
b) Can any property vested in the adopted child before the adoption shall continue to ve5I 10
such person ?
Answer: Yes. h
1
c) If the Hindu male 'A' has adopted with the consent of a concubine including •W', eo
who shall be the adoptive mother ?
Answer: "W' will be the adoptive mother.
d) Can the adoption be cancelled ? Why ?
Answer : No. Once an adoption, always an adoption.
2) A Muslim husband marries a girl.

a) ls the wife entitled to maintenance. If yes, mention the time period.
Answer : Yes, during the period of lddat. iage '!
b) Is wife entitled for the amount of 'Mahr' as promised by her husband before rnarr
Answer: Yes.
c) ls wife entitled for maintenance on divorce?
Answer: Yes. 7
d) If wife remarries, then is she entitled for maintenance and upto what period ·.
Answer: No.
e) Can wife have her own paternal rights over property ?
om en & Children . 163. A 11thor - Pro . Prakash K. Mokul.
Answer: Yes.
·s working along other female collcgucs in a factory whe rein th er e a r c aho ut 40 fem ale
Jtllln l
~ ,,,o working. .
3) •111pJo)'ees the wome n employees e ntitled for eq ual pay fo r equa l work ?
• a) Are
Answer : Yes.
b Are the women employees a lso entitled fo r m aternity be ne fi ts, on w hat condition ?
) Answer: Yes, on con ditio n that they are in employment or have worked for a total
geriod o f 80 day~. .. .
c) Are they entitled fo r creche fac1 li t1es?
Answer : Yes .
d) Can they be allowed to work in night shifts provided they are g iven po lice protection?
Answer: No.
[5]
[November, 2006]
TI.me: 3 Hours Marks: 100.
'Witli So{utions
\ .B.
I) Answer Section I on the Question Paper itself.
Q. I : Tick the correct answer :

I. The Apex Court has observed that " the question of equa l work can be decided on the various
fact~rs like responsibility, skill, effort and condition of work" in -
~) Air ln?ia v/s. Nagesh Meerza.
) Mackinnon Mackenzie and Co. v/s. Audrey D ' Costa.
~) Sult~n Mian v/s. Ajiba Khatoon.
) Kanum vi s. Mariam.
2
· A de facto guardi an of minor is -
a) a legal guardian .
b) a gua ct·
c: a . r ian appointed by th e Court.
) TUitural guardian.
d) Who h' If · · · .
3. N ~ imse takes ove r the managemen t of the affairs o l t h G._11\lllQ.!..!.
, )aG
me any one of the kinds uf guardia nships recognized by Mahomedan Law.
a uard1an h'1 · .
b) ~ s P in marnage (Jabra ).
rd
c) Guau d~anship o f a pe rson of a mino r ( 1 lijanal).
d) N ar ian sh'1P o f prope rty.
one of the above.
164. Autl,o
& Children•
Law Relatin to Womtn
Answer in One sentence :

. h . nt for Glorification of Sati ?
4. What is the purus me t for a tem1 not less than I ear and it ma e
A . lm risonmen d R Xtend 1
nswer · R 5 000I-. and it may exten to s. 30.000/-. o7
th
h"~d'
fine not less 3:1 I ~nder the Child Marriage Restraint Act, 1929
5. Define the ter~ldc s a erson who if a male has not com leted
Answer : Chi mean of age 21
female. has not completed I8 vears .
Tick the correct answer : .
'd . lar marriage 1s also known as -
6. Invali or megu
a) Muta Marriage.
b) Sahih Marriage.
c) fasid Marriage.
d) Baril Marriage.
Fill in the blanks : . .

7_ Reservation for seats for women m Panchayats have been provided in Article
Constitution of India. . .. '••·Oft~
Answer : Article 243D.
'8. In the Parsi Marriage and Divorce Act, I936 , Section 32 is about .......... ... ....
Answer: Grounds of Divorce. ········ •.....
9. Section 25 of the Hindu Marriage Act, 1955 is about ................... .
Answer : Pennanent alimony and maintenance.
10. What is the object of the Maternity Benefits Act, 1961 ?

Answer : To regulate the employment of women in certain establishments for certai .
before and after the birth of a child and providing for maternity and other benefits. n~
11. What does Article 39 (e) of the Constitution of India say?
Answer: State shall follow its policy towards securing health and strength of workers, meoaoo
women. and the children of tender age so that they are not abused. -
12. Define the term' Dowry' under the Dowry Prohibition Act, 1961.
Answer : Any property or valuable security given or agreed to be given either directly 01
indirectly :
b) by one party to a marriage to the other party to the marriage; or
c) by the parents of either party to a marriage or by any other person, to either partv to lb/
marriage.

l3. The convention on the elimination of all forms of discrimination against women, was adopted~
the UN General Assembly on -
a) 18th Dec.• 1979.
b) 10th Dec. 1979.
c) 15th Dec. 1979.
d) 12th Dec. 1979.
14· Mamage· wit· h.m the Sapmda
· relationship
. is permitted under the Hindu Law. (True/false)
I'or"''" & Cltlldren . 165. Author - Pro . PrakayJ, x. l,/Qkal
;,, , fl) ,
I
I,,,,,
,
"11(1 {I
r . r.t1sc.
~
ct nnswcr: . . .
chCcorf'C 1hc Muslim La~, in a . pa_rt1cular mode o f ~1~orce. the ·.vrfe is prom'Jted from the
fl'"1;,,
c u nder_ tatus of a wife to the highly honorab le po,;1t1on of an adopti·,e mother. Tfils m,J'J';
din:1tc s ·
--'- o f
1;11bor . , known as -
divorce is
a) 1111.
b) faskh,
c)~
3
d) J-1as : · rnent of a child in a carpet industry is challenged being violative of Article 2..t of the
16, E111 P1. y of India in the case of -
·t t,on '
constJ udh Mukti Morcha vis. Union o f India and others.
a) : ~. ~ ehta v/s. State of Tamilnadu.
b) ~ k Rajput v/s. State of U. P.
c) MalbyonS ingh v/s. State of Rajasthan.
d) Sa ar
. one sentence :
~ma? .... . _
17· Answer: It is a document of divorce m wntmg by husband or wife starmg terms of d:norce.
-N e the Act which deals with the divorce of a Parsi
JS. am
woman.
Answer : The Pars i Marriage and Divorce Act. 1936.
19 . Define the term 'Brothel' . _
Answer : Any house or room or place or anv portion of anv hous-!. room or olac-! ,, h:ch is usc!d
for the purpose of sexual exploitation or abuse for the gain of another person or for munul pin
of the two or more prostitutes.
20. What is the meaning of Khula and Mubara'at ?
Answer : Khula is a divorce by mutual consent and at t.he instance of \\ ire in which she
relinquishes her claim for dower;
Mubara' at means a divorce bv mutual consent and· at the instance of both husband :uid ,\i f-:. thus
mutually freeing each other from the tie of marriage.

21. The first pamphlet o n Sati was published in 1818, by -
a) Mritunjay Vidyalankar.
b) Ra ja Ram mohan Roy.
c) Walter Ewer.
d) Will iam bentinck.

22• Define the term 'child' under the Child Marringe Restraint
Act, 1929.
Answer : Male be low the age of 2 1 years, and femak below t.he age of 18 years.
fill in the blank :
23
· The technique used to diagnose the condition and the sex of the foetus is called ••• ••••••· · · · ••
-Answer .· ore-nata I d'1agnost1.c technique.
.
La"· Rdatin ' tn Jr<'mcn .._{ Chil,ir'-•n ' , r,uhor
cl ~iuh:r~·at.
d) Ziliar.
..\n\\ff in On<' seutence:

26. De-fi.ne ·srridhan· under Dayabbaga law of succession.
Answer : 1t is woman·s ro ern which a woman has ower to o ive sell or .
\\l::h0ut her husbands consent.
ril~\
27. Define the term ·Ta.lak-ul-sunnat' under the Muslim Law.
Ans~er : It is a most a ro,·ed Talak which is effected in accordance w ith the tr d ' .
~1uhammad and it is diYided into Ahsan and hasan . a thon of Pro be'.
28. Defiae the term ·dower~ or ' mahr'.
-~~ er : It ~ the sum of rnonev or other ro e_n ,~hich becomes a able b the husba
w1fe on marna2e as a mark of res ect to the wife either b a reeme nt between th ?d to ~
.
o peranon of law. e art1es orLl~

29. The Chairperson of National Commission of Women shall hold office for such period OOI
e>:eeed.ing -
aJ One year.
b) Five years.
c) Three vears.
d) T v.o years.
30. Khula and Mubara' at are two forms of divorce by -
b) Mutual consent.
c) Di orce by wife.
dJ D elegated divorce.
e) None of the above.
31. According to the Hindu Marriage Act., I 955, a Hindu wife is entitled to be mamtaine · · d after th<
death of her husband by her father-in-law, if -

b ) She is unable to maintain herself o ut of her own earnings.
c) She has no property. . ' Id n
d) She is not able to obtain maintenance either from the estate of he r husband o r her chi re ·
e) All of the above.
33. Section ....... .. of the L C. deals with the intention to in sult the m odesty of a woman.
b) 509.
c) 304.
d) 376.
Cltlldren . l 67. lutfenr Pm . Pru/111.1/1 Ji. l-'ftJ4ul
R,eMd '
{, (1
·,red nr req1J1rerl tn w 1 1rk hcl 'N!!en
11 2. II he pc rin1
rl I lei -:hil
~" c 11 I() p.m.
,J. rtl IO
· :l) 5 r· . w ~ p .n1.
• p (11.
1,)
r ·,11. f(l <, p.rn .
d " r .111. en~ p.rn.
, I) " .
r rur nr FAise:
IC ,,hcf hr r or nn nbctmc nt of ·ar1 ,._ an o ffence 'ny f1lrynfrc,1tm n 'lf~ar1 1; ,r, m ) t-=-f!T:•:~.
... ,~ (111 11ucmrI '
,~. ,, ~ . r·.ils_g_. . . .
· \ ll"\\ Cf - :1 rnalc cannot mamtu rn a woman w hom he ha<l Jtr~a<.!1 ~l'fr;r r;ed '::, ·;-,.: TJ e ~-u .
M11!-li1n Law, •
le'i, I11 · T nic .
· ~ I w the marriage of Sunn, male or fomale ·.-,1 th J ,ori- ',fJJSirn ,<; '1'JJ_1: ; r -.-,~,d.
Ier
Surllll Ja .
17
. . Un< . v••r . fa. I!-C
. .
~
rrcct answer : . .
~ o m a n dying intes tate. 1ftwo or mor e heirs ·ucceed :ogcc..'-ic .o · .e :,-~cue-::, :.1~ ,
JS. In cosc o a
shrill rake t~c property -
b) g£r s111:J?CS.
c) Per capita.
d) Per fa~ily.
e) Per heir.
an shall not be entitled to Maternity Benefit unkss she has acr1Jalh '" ork-:t! :r. 1n ~ cl:.2 -:.""n---n:
J9. Wom I · . b fi . d .
of the employer from whom s he c am~s maternity ene 1t tor a pa~o or r:un~'t.1:~.:-
preceding the date of her expected deli very.
a) not Jess than 80 days.
b) one month.
c) 6 moths.
d) not less than 60 days.
Fill in the blank :

40. Nothing is an offence which is done by a child under .. ...... ~ e:lr'S 0i lg.:.
Answer : seven.
Q. II : Answer Any Two of the following : - ~O.
a) Discu ss th e welfa re and safety o f women in the Fi1crories .-\ct. I ~-'8.

Answer:
~ocrctio,~ -~7 o~· the A_ct ma_ndates that no _wom~ 1 t, r chilJ shjll be <-'ntph.,\. cJ in .10, p.tf[ 0 r' J r.1ch.H \
~rcssing cotto n 111 wh aeh a colton sp mna ,s ut \\ or!....
~ect~on 19 { I ) provides for su tfo: ient latrine :inJ urill3I :1ccon11uuJJnon
ect1on 19 (2)
:-d. prov1· t1cs that 110 won1:111 or \Otmg pcrst,11 sh..111 be. .1II0.,.1,cJ co .:lcun, lubncuce •
or
c1 list an ·1rt of · · · · · · h'I · ·
S .. ' a nme m oves or tl! :uw 11~111sm1ss1on t,t 111.11.: hmef\ w , e Ill 1110uon.
-S£J•on
b • 1 ~~~~~ 66 1.>rov It
· Ies t I1ut 110 wo111n11 shall be rel u,n.•d
· or :.1!10,\ eJ C1J \\Ori\.1 111
•
lln\. Iuca 1t·f\. exce 1
th
.,~c '~ecn t: hours ll f 6 a.m. a11J 7 l.111. RestrictilHIS an.• also bl.·eJ LlO cm k)\ m etH uf \\ omen
!___J_,\!scent o r c·t11·1li1.t: 11 111
• Janl!~rnus op~ratw
. 11s.
-, - ·
f:.l~a_!!u~·R~
.
el~atfl.lf.!1.n!K.Jlro~l!,!l,.
l2 11o~n~,e~11!._;&~·~C!::::i~11!!.·1d!!:r~e:.!.n~.:.,__-----=•...:;6..;;8"'".----...:..A..:.:1:.!:11!.!/!...!
to " deal with measures for welfare of the workers nre to b~ k, . ""·''" I<.· A1n4,,1
1o!!.r~-::JP:Jr~o • Pra ~
S ect10ns 42 - 6 . . A c )t nnd .
Check the abm·e answer ,..,,1, Facror,es ct. lllni111 .
11
. the rioht to p:n-ment of l\laternit,1 Benefit under the l\fatcrnit'-,1 8 . n 1c<1
b) D ISCUSS e • • e nefits \
Answer: . . , . , .. ' cc, 1961
Section 5 of the Act confen: n •'llls to 1a, ment of Matc.;m1t ' · The are as u nder - .
i) Maternitv le.ave with wages_for 12 weeks;
ii) She should be ,aid ~uffic1ent amount as benefit to m eet the health
requirements of her child;
iii) She is entit led 10 2:et benefit at the rate of avera 0 e dail wa e for the
absence:
iv) She is not entitled to ... ... . When she has actuall worked in an st .
· · M. · B fi fi · e ab1ts11
emplover from whom sI1e c Ianns atem1 ' ene 1t or a enod not le 11 tnent of
th
12 months immediate Iv recedin2: the date of the ex ected deliver sMs t ~n 80 da s i c
. d M . . axnnUJ11 nthe
,vhicb any woman shall be entitle to atem1 B enefit shall be 12 w k erioct r
. ee s for . ,or
more than 6 weeks shall precede tI1e date o f her expected delivery. Which
Death of mother or child - D~rin° ~ erddeliMve or_ durBin the eriod immediate!
the death of her delivery. sbe 1s entlt1e to atem1ty enefit.
c) Discuss fully the provisions of maintenance under the Hindu Adoptions and Maint
1956. enance Act,
Answer:
Section 18 : Maintenance of wife by her husband during her lifetime -
Wife shall be entitled to live separately from her husband without forfeiting her 1 .
10
rn3.i?tenance if be is ~ ilty of desertion. treated her with cruelty, suffering from leproc ~ f
. tl ·c k b. h - sy o an
mcurable foIT?·. has aov o 1er w11e or eeps a concu me or as ceased to be a Hindu by conv~
to another relunoo.
Maintenance of the widowed daughter-in-law;
Rjirht of step mother to claim maintenance from her step son .;
Rjgbt of unmarried daughter of the deceased to claim maintenance from heirs of the deceased
under Section 22 and amount of maintenance under Section 23 (2).
= 20,
Q. m : Write short notes on Anv 4 of the following :
a) Punishment for child marriages.

Answer:
Sections 3 to 6 of the Child Marriage Restraint Act, 1929 -
S. 3 : Punishment for male adult below 21 years of age marrying a child ( 'child' means if m~
below 2 1 and if female, below 18 years of age) : Simple imprisonment which may extenW
days, or with fine which may extend to Rs. 1,000/-or w ith both. . ent
S. 4 : Punishment for male adult above 2 1 years of age marrying a chi ld : Sim~le impillQ!W!-
which may extend to 15 days, or with fine which may extend to R s. 1,000/-, or w ifb b?tl1 . Sim le
r I
S. 5 : Punishment for solemnizin . erfonnin g conductin or d irectin a chi ld marna e · that be
imprisonment which may extend to 3 months and shall be Iiable to fine unless he ~
had reason to believe that the marriage was not a child marriage. -, · , a child
.h . . olemn1ztn
S . 6 : P ums ment for arent or ardian concerned romotin erm1tt10 or s . 1 to fine.
marriage : Simple imprisonment which may extend to 3 months and shall also b ~
b) Alimony Pendente Lite under the Special Marriage Act, 1954.

Answer:
en & c;t,ildren . 169. Author - Pro . Prakash K. 1Wokal
. 0
f the Ac t Alimon cndcntc lite ca e District Court or Fami1·
n her a -, li cation fo~ ~hes · d iner before the Court for
•u ,a l R hts o r Jud1c1a l ulln, of void or voidable
ourt · satis fied that th income sufficient for her
ssa es o f the . · cation. the Court m,n order
0
us band's income as it ma seem to the Court to be a reasonable amount.
nt of women at work place.

1tarassrne
scsua 1 . . . .
c) ~ d I 5 of the Const1tut100 of lnd1a.
4
~ an f Vishakha v is. State of Ra·as than the Su reme Court has laid down certam
I case o
ln t ,e. fi avoidin sexual harassment at the work lace.
ui
'dehnes or .
and Others vis. State of Ra1asthan an
d0 thers, AIR 1997 S.C. 301 J -
Visl!aka .110
. n (Criminal) Nos. 666 - 70 of 1992, Dated - 13/8/ 1997 :
Wnt. WPeti · · S
•t Petition 1s decided by tbe upreme oun
C Ch.1e f Justice
- . Mr. J.S . \ .erma. Jus,1ce
· -· ~Lrs.
. yn Manohar and Justice
This · M r. B .N • Kirpa•I
SuJata ·
st1•t tion of India:

g>n ~ 1 testoArticle 10 14 15, 19,2 1,32, 51 ,5 1Aand 141 ofConstirurionofind ia
This Wntre a ' '
Facts of the case: . .I f R . h d T' . . ·ct .' '

- A lady social worker m_ a vii _age ?~J~St an was gang rape . nis inc1 em o r orma1 gang rape
the immediate cause for filmg this wnt pet1t1on.
was This Writ Pet ition has been filed by some social activists and 1'00-Govemmenml Organisations
for the enforcement of ·the fundamental rights of working women under .-\nick 1-t I 9. and 2 I o f the
The Non Governmental Organisations had initiated chis Petition \\ith the aim ro focus anenri0n
towards gender equality and to prevent sexual harass ment of work.ing women.
One of the logical consequences of such an inc ident is also lhe \·iolarion of the v ic ti ms
Fundamental Right under Article 19 ( l) (g) to prac tice any profession or to carry on :my occupation., trade
or business. Such violations, therefore, attract the remed y under ..\nide 32 for the enfo rcemem of thes~
fundamental rights of women.
Issues:
What is the effective alternative to satisfy this social need in the absence of kgis larive measures·7
What steps are necessary and s hould be taken by the employer to pre,·enc sexu-al h::ir.,1.ssment':'
Arguments:
st
violati Con ~tutio n of lndia, Art. 14,1 9 ,2 1,& 32 - Sexua l hamssme nt ot working womeo amount to
0 0
viota/0 ~ r~ght of gender equality and rig ht to life and liberty ...\.lso as a logic:-\I c-onsequeoce amount to
Article ~ 2~ nght to practice any profession, occupation or rmde. V ictim, therefore, entitled to remedy of
hun,an Ad.rtic.les 14, L9 and 21 of the Cons titutio n of India ,luarantee genderJ·usrice and ri~ht to work with
1gn1ty. lt · . . .:, . ~ . - • ~ .
domestic 1. T is, thei efore. necessary to apply mtemauonal conventions and norms tor con:srrumg
0f c1w.t he _conte n ftons of· t I1e lnt\!rnational Conventions
the guara · and Norms are s 1·g n1· tic-ant
·- • r the purpose
to
01
21 of the Co~ -~t~ . gender equa lity, right to work w ith human dig n ity in Articles l-4, 15, 199 ( l) (g) and
s ilutio n of In d'1a an<t sateguards
- ag ainst sexual luuassmcnt are ·unp 1·1c1t
· t herem.·
aid b the em lover if a declaration is made b '
difference in remuneration avable to the men . n a factor
skill. efforts. etc. other than sex. [(Alr India v/s. Nagesh Meerza (I 981) 4 sec . .
33
Q. IV : Solve Any Two problems. Give reasons for your answer :
-----!1!
1) 'A' a man marries a woman 'B'. After some days, 'B' comes to know that 'A' is suffi .
paranoid schizophrenia <.a mental disorder in which a person unable to act 0 ~ reason ertii~g fretn
Due to which there are there are an unfulfilled sexual desires. . 'B' wants to clairn di'vra onaUy)
f ·
'A'. orce rom
a) Can ' B' get divorce from ' A ' ?
Answer : Yes, ' B ' can iret divorce from ' A ' as 'B' cannot continue with the marriage as the ve ,
purpose of marriage is defeated due to paranoid schizophrenia. ...!l
b) On what ground, if the above answer is yes?
Answer : A mental disorder wherein a person is unable to act or reason rationally in such cases of
mental disorder.
c) Can the act on part of ' A ' amount to physical violence ?
Answer : No, as ' A· is unable to act or reason rationally due to the mental disorder.
d) If ' B' approaches the Court1 w ill she be granted divorce ?
Answer: Yes. ' B ' can be granted divorce by the Court as it is according to law.
2) A father was murdered by his one and only son in a Hindu family. .
a) Explain whether the daughter-in-law is entitled for share in the property of the Hindu family.
Answer : Yes.
b) Is daughter-in-law entitled for share as per the provisions of Hindu Succession Act, I 95 6 ?
Answer : Yes. (·, e
. • .
c) If the daughter-m-law has only one son, then can the entire property be m favour 0 f the son ··
grandson of the murdered grand father) ?
Answer : Yes. d thal she
d) Can the daughter-in-law be deprived of the right to father-in-laws property on the groun
had supported her husband or murdering his own father ?
Answer : Yes.
l
[6]
[May, 2007]
)larks: 100.
. e . 3 aours
11111 '
'Witli So{utions
N,B, Answer-Section I on the Question Paper itself.
1)
Use answer sheets and additional sheets for Section 11.
2)
Section I shall be collected at the end of the first hour.
3)
SECTION - I (Marks : -tO)
Q. I :
= 15.
(A) Select the proper objective :
1. Article 243-T provides .. ..... .. ... ... reservation of seats from women in munic-ip:1lities.
a) fil
b} 2/3.
c) 1/4.
d) 1/2.
2. Chairperson and other members of the National Human Rights Commission are 10 be appointed
by-
a) Chief Justice of India.
b) Governor General.
c) President.
d) Prime Minister of India.
3· Secti~n. l Oof the Hindu Marriage Act, I 955 provides for -
a) Judicial Separation.
b) R~stitution of Conjugal Rights.
~)) D,_vorce by Husband or Wife.
Divorce by Wife.
4
· ~ccordin~ to M_uslim law. when marriage is p~rfonned in violation of absolute impediments or
rpetual impediments, it is called -
Law Relarin to Women & CM/drt·n . 174. Aurlror- p
a) Baril Marriage.
b) Fasid Maniagc.
c) Sabih Marriage.
d) Muta marriage.
5. No person should ~ appointed as or hold office of a Judge of Family C
OUrt afte I
the age of ............. years. r le has
a) 62 vears. nttn,~~d
b) 65 ,·ears.
c) 35 years.
d) i Oyears.
6. Section 25 of the Hindu Marriage Act, I 955 provides for -
a) Permanent alimony and maintenance.
b) Maintenance pendente lite.
c) Maintenance of "idowed daughter in law.
d} 'one of the abo\"e.
7. Section ......... disentitles a wife to receive allowance from her husband ·r
I she is li .
adultery. V1ng in
a) 125 of Cr.P.C.
b) 126 of Cr.P.C.
c) 126 (4) ofCr.P.C.
d) 125 {4) of Cr.P.C.
8. If the adoption is by a female, and the person to be adopted is a male, adoptive moth .
.... .. ..... years o Ider than th e person to b e a dopted . er 1s atleast
a) 18.
b) 16.
c) 14.
d).ll.:.
9. The mother may give the child in adoption, if -
a) the father is dead.
b) the father had completely and finall y renounced the world.
c) the father has ceased to be a Hindu.
d) all the above.
10. Under Muslim Law, in India a Muslim who had renounced Islam or has ceased to be a Muslim, is
........ . ... to marriage.
I'
a) entitled.
b) not entitled.
c) prohibited.
d) restricted.
I 1. Pre-natal diagnostic technique shall be permitted only for,
a) chromosomal abnormalities.
b) genetic metabolic diseases.
c) haemoglobino pathies.
d) all of the above. f regnancY-
12. Pregnancy may be tenninated by a registered medical practitioner where lenglh O p
a) exceeds 12 weeks but does not exceed 20 weeks.
b) exceeds 12 weeks.
c) 120 days in the 12 preceding months.
d) none of the above.
1
1
I·u.
& C,1iltlre11 • 175. Author - Pro. Prakash K. Moka/.
,Volfll!II
'11 (II
l"-''' Rtf(l_fl . b entitled lo maternity benefit unless she has actually worked in establishment
' ,., ,ncll shal~ e_ period not less than -
r.Jo \ 0 . I er ,or a h
,.,. I c cl11P oy 12 preceding monl s.
oft'0 days ·10• the • I 2 rcccdi n , months.
n) 6> in the . h
• 160 d:i 5 . . I 2 preceding mont s.
I>) 0 days tn the
c) 12 f the above. . i-. h .
d 110oe o h Factories Act, 1948, m every ,actory w erem more than ............. women
iccording to t ~Oyed there shall be a provision for suitable room for the use of children below
14, k rs are emP '
\~or e
f 6 years.
0gc o
a) tOO.
b) 80.
c) J!L
d) 60. r. a parent or guardian concerned in child marriage -
ishment 1or
15. pun d to 3 months and fine.
a) ~ dto 6 months and fime.
eiden s
b) exten s fi
to 2 months and me.
c) extends
d) is only fine.
h following whether True or False : = 05.
(B) fil!te t e
. Judicial separation is not provided in the Special Marriage Act. 195-4.
16
Answer : False. . . .
17•-Among Shias, the presence of wttness at the time of proposal and acceptance of m:im:ig~. 1s nOI
essential.
Answer : True.
18. The Mahomedans are also subject to Dowry Prohibition Act, 196 1.
Answer : True.
19. No adoption which has been validly made can be cancelled.
Answer : True.
20. No child shall be required or permitted to work overtime.
Answer : True.
(C) Fill in the blanks : - 10.
21. According to Mahomedan Law children born out of Muta Marriage a~ .. .... ..... . .
Answer : legitimate.
22
· Awoman divorced by her husband continues to enjoy the status of wi fr for the limited purpose of
2J ~~;~~~·:· ~l~;~i~g maintenance.

· g~h;e both tl~e father and mother are dead or have completely and finally renounced the world,
A ar tan can give the child in adoption. (State True or False).
~wer : Tn1e.
24• Acco ct·
Answerr mg . . A c,t 1986, ··oay" means ........ .
. 24toh Child Labour
25, ~ ours beginning at midnight.
Answer . D Dechratio
mversal ' • n o f Human R'1ghts was adopted by l he U.N .0 . on ... ........ .
26. Se t' · ecember IO 1948
22
c •on (2) of the Factori~s Act, 1948, prohibits women to work on or near ... in motion.
-·--·-
Law Relatin to JI ·"men & Childrrn • 176.
Answer : machine!)'.
27. The commis$iOn of S:iti (Pn·rention) Act. 19~7 wns enacted by the P:irlh,,,
. . d' • cn1 1.
year of the Republic ol ln rn. 1l !he
Answer : Thim' Eighth.
28. The dowry is essentially a social one haYing relation with ............. and rigl
Answer: m:image. . 11s of \\10
. - . d s . .
29. Outrngmg the modesty ot a woman 1s un er ect1on •............ Of the I.P.c
111Cl)
·
Answer: Section 354 of l.P.C. ·
30. ............ consists of 1.hree pronouncements made either in one sentence or ti
Answer: talak-ul-biddal. iree sentences.
(D) Answer in One sentence :
3t. What does the word '[la· me.an ?

Answer: It means ·vow of continence· ~ 0,
32. What does CEDAWstand for ? '

Answer : Con\'ention for the Elimination of all fonns of Discrirnination ~ s t W"~
1~
33. What was the objective of the Parliament in enacting the Family Courts A t
Answer : To rovide in the establishment of Farnil Courts with a view to re ' 1984 ?
~
.
and s eedv drs .
osal of drs utes re Iatmg
. .
to mamage and 1or matters connectedomoteco
th . nc,·11·ar~1
erewrth.
34. What is talak-e-tafweez ?
Answer : Talak-e-tafweez is the talak where the husband delegates to the wife th . /
.
himaralak. ~ht ~
ton: ...
35. What does Article 23 of the Constitution of India prohibits ?

Answer : Article 23 of the Constitution of India prohibits the traffic in human bei
beeear and other similar fom1s of forced labour. .~
36. What is Section 32 of the Parsi Marriage and Divorce Act, 1936 ?
Answer : It deals with the !!rounds of divorce available to the Parsi husband and wife.
37. What is Escheat?
Answer : Accordinl! to Section 29 of the Hindu Succession Act, 1956, if an intestate has Jeft~o
heir qualified to succeed to his or her property, then such property shall devolve on ilie
Government.
38. How does a Muslim marriage differ from the marriage under English law ? .
Answer : Muslim marriage pennits polygamy with respect to certain conditions (i.e._Mu~
can have only four wives). while marriage under English Jaw prescribes monogamv (,.e~
one \\~fe).
I
39. What is dower ? · b 1lt
Answer: Dower is a 'Mahr' in tenns of money or other property, howsoever Jo w ~
I
husband or his parents to the bride as a mark of respect to the bride. 1
1
40. What is Women 's Estate? . ~· " nr wid~ /

l
Answer : When a Hindu dies intestate leaving separate property, his w , d ~ Hindu
entitled to the ro e . or when a Hindu havin at the time of his death an rnteres j1
,, J&tJ(.J.'l'.!,!t/~ft~/r~e~'.:...
11 ' .:...
· _ _ _ _--'1,__7w7:. .!. _ _ _ _.!.!
A~u!.!.t/;!!.1!Lor!....:::.
- ~P'...!r'..!:o~ ·wPe,r~a"!.!.k!!!OS!:!h!!J.K~,jJ!'.[,fQ,rJl<~a~
l
'ft I / (}
l ,'r1ffle
(//I . 'd
• J{ f /
l(l_lf
, .
'!.Y .-.ror>c·rtv h is widow
1:t!.!11 1 ~ tcrcst31I c a
~ Ib
.J.
o r w r <JW'i shall have the same
'W • , t:
omen s e state .
.
tnteresl as be him.self h.itl.. and
u
J <Jlfl l .- crlY p r rr:L. -
·hJlror
stic SECTION - IJ (Mark1 : 60J
• follolvi n g : 2fJ.
r 1hC
1\llli'vc . . .
0 . 11 : rotec t·10 n given to children under the .JuvemJe ,fost1ce (Care and .Protection ti)
.. ,. the P •&l•·th respect to -
olsCI ;>, t 2 000 H
'
0 .,;udrcll) ~c :n conmct with Jaw. .
C .) Juvcn• 1~ ! d institutions constituted under the Act.
u r,t1es an .
b) ,Auth 0 . and social integration.
ochabilitation
c) "
~ .
. 111. conflict with Jaw - . . . . -
b) Juvcrulc . •th law means a uveru le who 1s alle 0
ed to have committed an ofknce lntl has not
· conflict w• f h · · f ffi ·
Juvenile in ears of a oe as o?
the date o t e _comm155:100 o an o _e n~e- , Secn~n 2 , I ·._ ,.... .
corn leted ~ Board consist10~ of Metro olitan Ma21strate. or a ud1c1al ~ta121;;:::i::e oi r.r.e nTSt Cr,,
1
st1
Juvenile Ju c; of whom a ti east one shall be a woman . Metro Ii tan .\.bg-i:>rra!e o::- Ju~ici.:il .\.fao1strate
two so cial wor
. ers · trate o f th. e B oard . H. e 1s
t d as a Prine,· al Mag is · con terr~
· d \\ 7i
· h 51m1lar
- · J o wers i l·\ en :o
shall be des~. na ~r Judicial Maoistrate of the Firs t Class. unde r the Cr.P.C. Secnon ..; ·.
O
the ~e~o it~~ct with law ma be roduced before an indi\'idual member of 1he Boor.:!. \\ h~n ihc Boan!
1
A cbild_ ~ co~here shall be at least two members includjng the Princioal .\bgisrrate ort-sen: ac the rim.: of
is not s1ttmg. .
-;1 disposal of the case. (S~ction 5 ]. . . . . - . . .
.ful.1Ofa Juvenile· A juvemle s hall be re leased on bail m a bailable o r non-bailable orlence. LnnH he 1s
Bai so released • he shall be kept in an Observation Home during the oendencv of the inguin re~'.lrding
not
him. [Section 12].
The inquiry by the Board shall be completed within a period of ➔ m0nth.:> from me date o f its
commencement. [Section 14].
Order that may be passed regard ing juvenile - If the Board is s::1tistied on ingum that ;i jU\ enik has
committed an offence, then, the Board may -
a) allow the juvenile to go home after giv ing him advice o r admonic:ion. anJ giving counseling co the
parent or guardian of the juvenile; b) direct the juvenile co pa rticip ate in ~oup ~ounseling and similar
activities; c) order the juvenile to perform cornmunitv service: d) order the pa re nt o r the ju\'enile himself
to pay fine if he is over 14 years of age and earns mo nev: e) direct the iU\ enile tu be rek~snl on probation
of good conduct and be placed under the care o f a parent or guardian o r 0 cber fie oerson or under the care
?fan~ fit institution executing bond with or with out s ure rv for the ~ood behaviour and well-be in!? of the
J!l.Venile for any period not exceeding 3 years.
:) Authorities and institutions constituted under the Act :

"'nswer : I) Ch 'Id . .
~ 1 W e l fa re Committee (Sec r1o ns 29 to 33).
I) fuhabilitat· . .
lt1swer. •on an~ social 111tegn1tion :
1
~ 8\~~s;rv_a t,on H o m es (Section 8)_; 2) S pec i:1! Homes (Section 9): 3) Chi ldren Homes (Sections
~ ' 4) S he lte r Homes ( Sectio ns 3 7 to .,9).
..... , --
Q. m : " 'rite short notes on AnY Four :

~
I) Restitution of Conjugal Rights under the Hindu Marriage Act, 1955.
Answer:
Section 9 of the Hindu Marriae:e Act I 955 -
Case Law : i Asha Kumari v/s. Satish Kwnar 1990 1 HLR 7 · ii Amminni v/s. Kutta an
19
HLR 454]: iii) Sarita vis. Venkata Subbaiah [AIR. 1983 A.P. 356). 90 ll
2) Cruelty by husband with reference to 498A and Dowry death.

Answer:
Cruelty by husband with reference to Section 498-A {Cruelty for Dowry); and Section 304-B I.P.C. 1860.
3) "Sati" according to the commission of Sati Prevention Act, 1987.

Answer:
Sari:
Sari system was recognized since the Vedic period. It bas its origin in the idea of 'Pativratya' associated
with marriage. As per the ideal 'pativratya' popularized by the puranic writers, the wife is expected to be
devoted to her husband alone. lt implies that fidelity and modest service to the husband are the sole duty
and main purpose in her life. As a river merging itself in the ocean loses its identity, so a wife is supposed
to merge her individuality with that of her husband. Her only concern in life is to provide all services to
the husband; satisfaction of her husband is her sole joy in life. The wife is expected to prove herself as a
real "Sati" with all dedication and reverence to her husband. d3
The ideal of Pativratya was stretched too much. It made the wife to be not only attached to the hu~ban :
long as he lived, but even after hi s death, because a "Sati" could never conceive of a second marna~eo~II
second husband. Hence, on the death of the husband, the wife had either to live chastely, re~ouncmga~e
the joys of life, or to follow her husband by jumping into the funeral pyre. The ideal 0 ~ Paflvraty:e:i of
th 1
rise to and glorified the practice of Sati" or self immolation. With the passing of time, e 01 only
Pativratya became so deeprooted in the mind of the Hindu woman that immolation became n
customary but a woman' s highest aspiration. 1· practice.
Raja Ram Mohan Roy and the followers of Brahma SamaJ· worked for the abolition of cruel Satr0111ent in
. . . • · h Gove
It was at this time that Lord William Bentinck studied the matter and finally, Bntis
1829 passed, "Abolition of Sati Practice, Act, 1829" . '
1il:.!:d~r c::.:''~' ''--------.:...
,V0111e11Ll&~C~l!!. 17~9:.:.._ _ _..1.A~1!!. !,!thf!!or~-:..P
!.. r,;r!]o~•.1P1.r!Jalc~C1J!:!;h!J..!K~.,!1
WQ!Qk~a1I.
till I f(I
f,111•' ~r/f1 1·1·cctivc measures to prevent the efJmm1,,i,m of Sate and it' glorifo:at ""Th
ore c
wkc ,n , 1 vcntion) Act, 1987" db
wac; pasc;e Ythe Indian Government , ion. e
1 re . r: d as. -
1.,10w1or s11t1 ( •s·,ti'isde,ine
1110,,c
co1111111Llss Jcr thi~ i\ct, b 'rnin , or bu in , alive of :
,1 , ,s the u fh d
··Soti ,11_ca1. alon , with the bod o er eceased hu ?and or :ir;:1 other relative or an" an1de
0
AO w1d ""'. , ·sociated with the husband or 5uch relative:
/~ thin I as. r of her relati ve .1rre, ect1ve
.
of whether ,1Jch ·.,,m-11 ~?
I) Ob·cct or,,an ,a1On with the bod o an h r h . , ' - OT
1
AO wo • d to be volunta on t e art o t e widow or the ·,voman or oiher,i,•1se-
\) . is claunc . .h b d . . , .
I bU 111 · attempt 10 commit Sat1 as een ma e punishable under this Act •,i,-1 h impri,onm;;-n: for
j he act of_ ay extend to six months or with fine or with both (S. 3).
wh1c1l m . S . h h . .
a tef111 attempts to commit at1, t en w oever abets such aiternor.. e11her direcih or
person . h . . c: i·c: • ,
If ~nYti shall be punishab1e ~1t 1m~nsonment ,or 1,e and shall al·o be lia te to fi,h! iS -I (2Jj.
I indirece :here a person commits ~at1, then _whoever ab~ts t~e comrni·:ion of 51.lcb Sari. ;!t:b~
~ ca~y or indirectly, shall be punishable with death or 1mpnsonmet11 tor hfe :ind ~hall :11 0 b<
I
~ir~~e for fine [S. 4 (I)). . . .
ha \so provides punishment for any act of glon ficatlon of Saii. Section 5 of l.~-: .-\ct la"
The Act a c: h I . fi . - . ' .
down that, "Whoever doehs. ahnyhact 1orbt e g ohn 1cauon ot Sati s~a~\ be pur.ishabk ,,ith
. ment 1"-or
· nson '
a tenn w 1c s a11 not e 1ess t an one ,vear but wh1~n m.'.!.,• cu;!nd io , "" \ ..~ "...,
,mp d with fine which shall not be less than five thousand rupees. but ,, b..:h :nJ\ i!'Cenl! iO
~w -
thirty thousand rupees.
) Objects of Pre-Natal Diagnostic Techniques Act, 199-t

4
Answer :
\) To provide for the regulation of the use of pre-natal dia\!nostic 1echni9ues for 1ht: !lUl"IA',e oi
detecting-
a) genetic or metabolic disorders. or b) chromosom:il abnorm.ilitie ·. or c) ~eroin
co·ngenital malfom1ations, or d) sex linked disorders:
2) To prevent the misuse of the above techniques for the ourw~e of ore-n:iol se, Jetermin:.uion
leading to female foeticide;
3) Prohibition of advertisement of the above techniques for se\ de1enninnrion

Answer:
"Establishment of Family Courts"
I. Constitution. powers and functions;
2. Administration of gender justice.
l!!.!roduction:
v· Family Courts Act, 1984 has been enacted 10 provi,k for the es1:1blislunen1 of· Fam1·1y Courts w1'th a
The
iew. lo promot·e conci·11
ranu ·at1011
· ·in and secure speedy settlement ot.• disputes
· reIa1111g
· 10 marriage
· and
1y affair . d I ,
Th' A s an t 1e matters eoncemcd therewith.
1
wa~ ~ Was enacted by the Parliament in the thirty-tilth year ot' the Republic of India. that is, in 198-t II
en arced on J4lh September. 198-t
Estabr
~ u11d t •·~dC
n onstitution of Family Courts
the State er S~~tion 2 or the Act. the State Government may est:iblish F:11T1ily Courts for every area in
0
St:1tc ;i~ ;~ '~Pnsing a city or town whose population exceeds one million. and for such othe1: area~ in the
lll,iy deem necessary. The State Government specilies 1he local limits of the area 111 which the
Law Relati,r to Women & Cltildre11 . 180. A uthor - Pro . Prqk
Qsl, !(
. . . . f F .1 Court would extend. The State Government may also ii . · MokQ/
JUnsd1_ct1_on of ha arm ayt any time by notification, after consulting the H igh Court 1Ctease, rcdu . .
such hm1ts o t e area 'ti l · cc
. the State Government may w 1 1 t 1e con currence of th e ~ . h or a1t
Un der S ec t10n 4 • . C w ·i n.1g c er
l be the Judge or Judges of a Fam1 1y ourt. 1en a Family Court ~Utt ap .
or more persons o consist Po1n1
one Judge, - s of •norc 0nc
a) Each of the Judges may ~xercise all or any of the powers conferred on the court by th· than
other law for the time being m force; . •s Act 0
b) The State Government may, witb the concurrence of the_ J:Itgh Co~~ appoint any of the J r an~
• · Judge
Pnnc1pa 1 _ , and any other retired .Judge, to
. be the Add1t1onal Prmc1pal Judge · Udges 1o 1.._
ue·
Principal Judge may, from tun e to time, make such arrangements as he m 1~
c ) Tl1e . h . J d f. ay dee
distribution of the busine~s of the co~rt among t e van ous u ges ? 1t. rn fit for the
d) The Additional Principal Judge m the event of any vacancy m the office of the p . .
when the Principal Judge is unable to discharge his functions owing to absence illness nncipal Judge
, or any oth , or
er cause
A Family Court Judge must have the following qualifications - ·
a) He/She must have held a judic ial office in India or the office of a member of a Trib
under the Union or a State requiring special knowledge of law, for at least seven year/nal or any Post
b) He/She must have been an advocate of High Court or of two or m ore such courts in s~~r .
cession fi
least seven years; or . • or at
c) He/She must possess such other qualifications as the Central Government may, with the c
of the Chief Justice of India, prescribe. oncurrence
lo selecting persons for appointment as judges :-

(a) Every endeavour should be made to ensure that persons committed to th e need to protect d
persevere the institution of marriage and to promote the welfare of children and qualified by rea:n
of their experience and expertise to promote the settlement of di sp u tes by conciliation a~~
counseling are selected, and
(b) Preference should be given to women.
No person should be appointed as or hold the office of a Judge of a famil y Court after he has
attained the age of 62 years. Salary or honorarium and other a llowance payable to, and the other
terms and conditions of service of a judge shall be such as the S tate Government may, in
consultation with the H igh Court prescribe.
Association of Social Welfare Agencies etc. -
Association of Socia\ Welfare Agencies has been provid ed in Section 6 that the State Government
may, in consultation with the High Court, provide, by rules, for the assoc iation in such manner aod
such conditions as may be specified in the rules, with a Family Court of -
(b) Institutions or organizations engaged in social welfare or the representations thereof,
(c) Persons professionally engaged in promoting the welfare of the family;
(d) Persons working in the field of social welfare· and • its
( e) Any other person whose association with a, Family Court would ena ble 1·t to exercise
jurisdiction more effectively in accordance w ith the purpose of thjs Act.
Counselors, officers and other employees of Family Court-Section 6 provides that - ber and
(1) The St~te Government shall, in consultation with the High Cou rt, d~terroine ~~e ~~~rt in the
categones of counselors, officers and other employees required to assist a Fam Y d other
d .isc harge of fu nct,ons
· and provide the Family Court with such c o unselors, 0 fficers an
I
I employees as it may think fit.
11
& Children . 181. Author - Pro . Prakash K. Mokal
Ref11fi11 . .
f,P''' ditions of association of counselo rs and the terms and conditions of servi f
and con h 11 b ce o
fhC terms d others e mpl oyees, s a e such be specified by rules made by the State
fficers an
(Z) the ornrnent.
oove
. Court - has been provided in Section 7 as follows :-
1
. tioll of Fam• y •sions of this Act, a Family Court shall -
isd•C ther provi · · · · · bl b · ·
J t1f b·ect to o . e a ll the Jun sd1ct10n exerc1sa e y any D1stnct Court, or any subordinate civil
50 ~ d exerc1s . b . . fi . .
(t) 11ave an y law for the time emg rn orce, m respect of suits and proceedinos referred to in
41 • nder an o
court u ti' on that is to say, -
the exPlana •t or ' proceedmg · b etween the part.1es to a mamage
. tior d ecree of a nullity of marriage
(i) ~::i~ring the ~a~age to ~e null_ and v~id,_ ~r, as the_case "?ay b~. annulling the
( iage) or rest1tut10n of conJugal nghts or Judicial separation or d1ssolut10□ of marriage;
marrsui·t or proceeding for declaration as to the validity of a marriage or as to the
(ii) A
trimonial status of any person;
(iii) :asuit or proceeding between the parties to a marriage with respect to the property of the
parties or of e ithe~ of them; . . . _ . __
A suit or proceedmg for an order or rnJunction m cucumstances ansmg out of a marital
(iv)
relationship;
A suit or proceeding for a declaration as to the legitimacy of any person:
(v)
A suit or proceeding for maintenance;
(vi)
(vii)
A suj t or proceeding in relation to the guardianship of the person or the custody of.. or
access to, any minor,
and,
42 _ Family Court shall be deemed, for the purpose of exercising such jurisdiction under such law. to
be a District Court or, as the case may be, such subordinate c ivil court fo r the area co which the
jurisdiction of the Family Court extends.
(2) Subject to the other provis ions of this Act, a Family Court shall a lso have and exercise -
(a) the jurisdiction exercisable by a Magistrate of the first c lass under Chapter IX (as 10 order for
maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973. and
(b) such other jurisdiction as may be conferred on it by any other enactment.
Section 8 excludes jurisdiction of District Court, subord inate Civil Court and of Magistrates in tbe area
where a Family Court is established.
The Section declares that -
(a) ~ 0 . District Court or any subordinate C iv il Court shall, in relatio n to such area, have o r exercise any
Jun sdiction in respect of any su it proceeding of the nature referred to in the Explanation 10 section
?(!) as mentioned above.
(b) ~~ Magistrate shall, in relation to such area, have or exercise any jurisdiction or power under
(c) E apter IX of the Code of Criminal Procedu re I 793 -
u vdery suit or proceeding of the nature referred to in the Explanation aforesaid and every proceeding
n er Chapter rx 0 f h C . .
(i) whi . t. e _ode of_Cnmmal Procedure. 197 3- . _ .
ch is pendmg 1mmed1ately before the establishment of such Frumly Court reterred to m
th
(ii) ~~ sub-section , or as the case may be, before any Magistrnte under the said Code and
:e/ocrh would have be~n required to be inscitut~d or tak_e n ?efore or by such _Family Court if,
. e th e date on w hich such suit or proceedmo was msrnuted or taken, this Act had come
shall stand t::to :orce and suc h Family Court had been established,
ns erred to such Family Court on the date on which it is established.
Procedure before Fa mil,· Court - . . .
Procedure fortlH~ Family Court has been prov1ded m section 9 to 18 o f the Act.
Family Court is obliged to ms~e efforts for settlement a~ laid down in s _ection 9 th
(l) rn eYer)' suit or proceedmg. end~.avour s~1all b e made by th_e Family Court i at -
where it is possible to do so consistent with the nature and c ircmnstance of n lhc fir1,t .
ersuade the partie.s ·in amnng
· · a t a ·1set1I " t ·m resp ect o f tIle subi
em1::n the ca' sc, lo 1ns1. n11t
P C . Ject-111,,u nss, c
roceediiH! and for this purpose a Fam1 Y ourt may. subject to any ru les d < er of ti · Sta0~
P - . fi ma e b te s111. ~
follow such procedure as rt may deem it. . Y the Iii h 1 or
(3) If in an)' suit or proceeding. at any stage, 1t appears to the Family Court ti g Cnu~
. I F . lat the 1.
P
ossibility of a settlement between the parties. t 1e am1ly Court may actJ· 0 e s a rea
. . . bl b d < urn the P . sonat1
such penod as 1t thmks fit to ena e a ttempts to e ma e to effect such a sett! •oceecti11 uc
The power conferred by sub-section . (2) I
s 1a II b . dd ' ·
e m a it1on to, and in de . ement. · Rs fior
(4) . I d.. rogatton f
power of the Family Court to adJoum ue procee mgs. o , any
Other
Section 1O pro,ide.s the general procedure of a Family Court as follows :
(I) Subject to the other provisions of th_is Act _and_ rules, the provisions of the Code of Civ·
11
1908, and of any oilier law for the time bemg m force shall apply to the suit and 0 ~rocedure
Cbapt~r IX o_f ~ e Code of Criminal P'.ocedure, 1973, before a Family C~urt and
the said prov1s1ons of the Code, a Family Court shall be deemed to be a Civil Court d Purposes or
fo:
t~:edings llnde;
an shall h
the powers of such Court. ave all
(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of C . .
procedure l 973, or the rules made thereunder, shall apply to the proceedings under Cb nminal
the Code before a Family Court. apter IX of
(3) Nothing mentioned above in sub-sections ( 1) or (2) shall prevent a Family Court from lay· d
· own procedure with
,ts · a view
· · at a settlement 111
to amve mgs own
· respect of the subject-matter if the .
p'.oceedings or at the truth of the ~acts alle~ed by one pa1~ and de ni~d by the other. Secti~t ~:
drrects the procedure before a Fa1D1Jy Court m camera that m every sm t or proceeding to which the
At applies, the proceedings may be held in camera if the Family Court s o directs and shall be so held
if either party to desires.
Assistance of medical and welfare experts may also be taken vide section 11 , which mandates that in
every suit or proceedings, it hall be open to a Family Court to secure the services of a medical experts or
such person (preferably a woman where available, whether related to the parties or not, including a person
professionally engaged in promoting the welfare of the Family as the Court may think fit, for the purposes
of assisting the Family Court in discharging the functions imposed by this Act.
Advocates are not allowed to represent a part)1 before a Family Court (Section 13): .
Section 13 provides that, not\vithstanding anything contained in a ny law, no party to a suit or proceefdithng
• ·· · But I e
b e fiore a Family Court shall be entitled, as of right to be represented by a legal prac titwner · rt as
Family Court considers it necessary in the interest of justice, it may s eek the assistan ce of a legal expe
amicus curie.
. . . . . Section 14,
Indian Evidence Act, 1872 1s made apphcable to the proceedings before a Family Co°:rt by tterthal
t h at a Fam1·1y C ourt may receive· as evidence any report, state ment, documents, ·tniorm;; a uon orb Illa
otherwise
may, m · its
· opmion,
· · · 1t
assist • to deal effectually with a dispute, whether or not t he sam e would e
relevant or admissible under the Indian Evide nce Act, 1872.
A',~C~J
& !!.:11~
·Id~.r~e;.:.;
" ..:.•----""""
I H.;.;:3::.:.._ _ ____!.!A~u~th.:.:;o~r_-....!P
:...:r:.:!oJ.:.•.2.P..!..r!!.!
ak~a!.lv!!.h.!J.X~ · 'rl!f:o~lc~al.
• .:!
Jfl()lfll!1' ~
11
,,· fl.t' /11ti ' "' h way of r eco r d'ing ev,'d ence hefore a f am1ly · Court.
· that in a s-un or
/,"- , ys (Io V/ ll t C
. . court. It s h a 11 not b e necessary to record the .
evidence of .
witnesses at length
5 11 1
11 1 ~cforc a falll l Y,.nation o f each witness proceed~. ,;hall, record or cause to be record""d a.
sec1111 · ,s 11 . • exam . ~ ·
• cccd 111 gd cs as 111c ,cc of what the witness deposes, and -;uch memorandum shall be siuned b~, the
rr<l1 the .I·l1 g11·of the ·substa1 d ·ha ll form part of the reco rd.
e--• ,
1111 r',ndlll . dge an s '
111c1110 ' r,d the JLI
,jtflcs5 n 'dence of formal character on affidavit thal
,1 .d for ev1 . .
16 P ro"' cs erson where such evidence 1s of a formal character. may be gwen i,-1 affida·:i:
5cc11·oo vidcnce of any PII just exceptions, be read in · ev1 ·dence ·m any suit · or proceedmP before a Fanuh
I) thee subject to a o ,
( and n,aY . . . .
url• ay if it thinks fit, and shall. on the application of an1 of £he parties 10 in.= sun or
Co ·1 y.court m and ' ex amine any sue h person as to the 1acts .. . .m bis
. affidavit.
e far111 contained
(2) tI1 ding summon
procee . _ .
. •~ r what a judgment should contain. It says that Judgmem of a Fam1ly Coun shall
tion 17 P . rov1des 10
h · ~ d · · h d ·
t ment of the case, t e pomt , or eterrnmat1on. t e ec1S1on th~eoo and the reasoos·
sec . oncise sta e
ntain a c .
co h decision.
for sue
• down how a decree of a Family Court may be executed. It pro,i d~ ~ t -
5
section 18 Jay order other than an order under Chapter lX of the Code of CnminaJ Procedure. 19-3_
(1) a decree fa:ly Court shall be executed in the same manner as is prescribed by the Code of Ci, ii
passed by ~ 908 , for the execution of decrees and orders. . _
Procedured, ssed by a family Court under Chapter IX of the Code of Cnmmal Procedure, 19- 3 shall
(2) An or der· pathe manner prescnbed . . .
for the execution of such order by that Cock
1
be exedcute e ~r order may be executed either by the Family Court which passed it or b) the oiha Famil)
(3) A ecre . h. . ~ .
Court or ordinary Civil Court to whic 1t 1s sent ,or execution.
Q. IV : Solve Any Two problems : == 20.
t) "S" a woman is rap ed by a police Inspector, an d a Jail Starr.

a) What is the nature of the offence ?
Answer : It is a custodial rape and a gang rape as there are more than one otl~nder im olved in u rape.
b) Under what Section of LP .C. ?
Answer: Section 376-B (Sexual intercourse bv a public serl'ant of a ,·ictirn in his custodv. 376 t2)
(a), (c), (g) Explanation l; 376 (c) Explanation I .
c) What is the punishment of the offence ?
Answer : Shall be pun ished with rigorous imprisonment for a term which sh:111 not be kss than 10
y_ears, but which may extend to life, and shall also be liable to fine.
d) Define crime applicable under the I.P.C. in the above b).
Answer: Definition of Section 376 (2) and 376 (c).
2) "X"
a married woman had sexual intercourse with the hus band of ··A··. and ..X"s husband had
consented to it.
1Who has commi lled the offence ? Wh·u is the 11·1ture of the offenl.'.e l.'.onm1i11ed ?
~wer . Id
"A" . ' ' ~ .
"X's h wou have been guiltv of the offence of Adultef\ under Section 497 1.P.C. bur smce
6 nd
~ a . had consented to it, it shall not be an otlence in .. A .. and "X" a married woman also
~} W : ~ punished as an abettor.
hat 1s th •
Answer . c punishment under the I.P.C. ?
· The uestio11 o 1· Ju111s
· Iuncnt docs not anse
· as there 1·s no ottence
-- .
Law Relati110 to Women & C/1i/dren. 184. Author- p
c) Define the offence applicable under 1.P.C. in the above b).

Answer : No offence applic.able in this case.
d) What is the relief aYailable to "A" ? .
Answer: "A"' beino the wife of that man who had sexual mtercourse:: w ith "X'•
can file a suit for divorce on the grow1d of act of adultery. n lllarried \v0
%111
Sh
3) A b"airl aged 18 •H~ars is abducted by •
a 26 ."year old man in the intention of Ot:,C t ting
.
a) \Vbat is the nature of the offence conurntted ? Illa tried
Answer : Abduction or inducing a woman to compel her to many him. ·
b) Under whar Section of I.P.C. ?
Answer : Section 366.
c) Define the offence applicable wider 1.P.C. in the above b).
Answer : Give the definition of Section 366.
d) If the girl is willing to mart)' the man, then w hat is the nature
of the offence ?
Answer : Thom!h the act amounts to an offence defined under Section 366 the
case can be miti1rnted (lesser than l O vears) by the Court.
1
t [7]
[November, 2007]
Time : 3 Hours Marks: 100.
'Witn Sofutions
N.B.
1) Answer Section I on the Question Paper itself.
SECTION - I (Marks: 40)

Q. I : Tick the right option :
1. . ................. consists of three pronouncement made during three successive tuhrs.
a) Talak-ul-biddat.
b) Talak hasan.
i I
c) Talak-e-tafwid.
d) Talak ahasan.

2. 'W hat is Zihar ? 1a1ions
1
Answer: It is a form of talak whereby husband compares his wife with any of his f e ~
(i.e. Injurious assimilation) and thus, talak is effected.
r
3. Define agnate.
I
I Answer : One erson is said to be an 'a nate ' of another if th e
adoption wholly through males.
4. Write one of the requirements of a valid marriage under Muslim Law.
• T f(J
.,~11~1J.&~C~l~n~·1t:!:lr:.:e::.1:.·1:. . .:. . •----...!•~H~S:.:_,---........!"::!.'!!."!!.lh!,.O! '!.!r.:..:-'=-!
WotlJ_e P-.r:.ro'll:...·!.P:!:r:!!_:ak~a~s~h~~·•:..!1!1'"~'.!s.~l.
YI
µtff1((fl . , . .- . .
1
(It'' ,,ts to be ro osal and Its acce tance b the bnde· Partie" to the .
, .. There 1'· . . . . ' rrrama"'e must
swc• • crt . There s hould be no 1m ed1ments in the wa, of marria17e
1\ 11 • eel JU 1:J • A I 869, provide, for ? - .
vc atta 10 t' n 22 of the Divorce ct,
1111 d cs sec 10 . • . . _ . . . .
\Vlll•t o_ Bar to a d ecree for d1vm ce men.so et toro but ud1c1al a ratioa obtainable Ir husband
5, \JISlvcr •
~ cs Section 36 of_the Pars i_Marr~age and Divorce Act, 1936, provid~ for?
6, \-Vil at do. Stl.!I t:ci.!:!u.!.!1t~o~n~o"-f:....;.co
, ;• . ~cQ!r[_Llre,2s!.!.t!.' =-n~ t1.....=a'-'-1-'-r-"<
1=h-'-t=s
' .
Allswer . 1 10 •
· ht o tion : · A 1955 .d
, •jck the ri . of the Hindu Marn~ge ct, prov1 es for -
26
I 7. section t a limony a nd maintenance.
perrnancn
a) todY of c h ildren.
b) 9,!§.-,ds for d ivorce.
c) Grou1 .
dicial SeparatJOn.
d) Ju ............. Case is considered as a milestone for the offence of Sexual Harassment of
8
· ;~~ki~~-~omen. . .
handas v/s. Umon of India.
a) Lec fR . h
b) Vishakha v/s. State o. a1afs t da~.
)S la Mugdal vis. Umon o 1n 1a.
~) r:~uwati and Others v/ s. U nion of Indi a ..
Fill in the blank : . . . . ,

- _ ..... _.. .... ... ... of th~ ~dian Constm1t10n prov1~es that the _State sna11 endca\'ou:- ro secure for the
9
citizens, a uniform civil code throughout the terntory of Lnd1a.
Answer : Article 44.
10. According to ... .. ..... ... ..... of the Indian Constitution. no child bdow the age of 1-4 years :ihall
be employed to work in any factory or mine or engaged in any other hazardous emplo;-men1.
Answe1· : Article 24.
Tick the right option :

I I. .. ............... . provides for equal work pay for equal work for boch men 1nd women. under the
Indian Constitution.
a) Article 39 (d).
b) Article 39 (c).
c) Article 39 (b).
d) Article 39 (a).
12 · According to the Shia Law the heirs have been divided into two classes. Na me any one of
them.
Answe~ : Oura□ic Heirs Sons and Daughters.
13
· WD h_at is the rule of primogeniture unde r the i\labomedan La w ·?
14· efme Sati.
~
IS. The F ·1
India. aini Y Courts Act. I 984 was enacted by P;1rli:1ment in che ....... ... year of the Republic of
Tick the ·
~
. Mubara'l mean::; -
r'
// Law Relatin to Women & Children. 186. Author -Pro . Prakash K i-., , .
• I YlOl(Q[,
a) Redemption.
b) Mutual separation.
c) Vow of continence.
d) Injurious assimilation.
17. What is Talak Ahasan ?
Answer : Most ro er Tala - This consists of single ronouncement of divorce made d .
successiv~ tuhrs intercourse should not h~ve aken lace du~o an · _of the three tuhrs.
becomes urevocable and complete on the thrrd Jronouncement. ln-espectwe of the lddat.
tQ
18. The Child Welfare Board is constituted under -
a) The Chi ldren Act, I 960.
b) Juvenile Justice Act. 2000.
c) Guardians and Wards Act, 1891.
d) Family Courts Act 1984.
19. In which case Supreme Court decided righc to life include right to edu cation ?
20. What is "Child Marriage" under the Child Marriaj?e Reslrai nt Act. 1929 ?
21. What does SITA stand for '?
Answer : Suppression of Immoral 1 ralfa Act.
22. Whal" is amniocentesis test '?
Fill in the blank :
23. Suit for maintemmcc under cc1ion 12:i ofCr. P.C. 1~ likd in ..... .. Coun where it is set up.
24. Judicial Divorce is -
a) Ila.
b) Zihar.
c) Furquat.
d) Mubarat.
25. The convention on the elimination of all fom1s of diversities against woman was adopted by the
U.N. General Assembly, on -
a) 18th December, 1979.
b) l01h December, 1979.
a) 15th December, 1979.
a) 121h December, 1979.
26. Section I 0A of the Divorce Act, 1869 provides for -
a) Divorce.
b) Divorce by mutual consent.
c) Adoption.
d) Custody of children.
27. Section 36 of the Special Marriage Act, 1954 provides for -
a) Custody of children.
b) Amount of maintenance.
c) Al imony pendente lite.
d) None of the above.
&
)~C-:.!.l!!,i!.!ld~r.,!:.e.:. ::1•_;.•- - - - -l....8""'"1-'--
. _ _ _-.:...A.:..:u.:..::t.:..::h.:.:.o:...r_-..:.P...:.r.:.:.oc•..:.P...:.r.=a!!:ka=s!.!.;h~K~.:..Jj~',f~o~ka!!!:.I.
1f 111ttt!II ~
,t 1 (II
I 111•'
fl_e/''''' C •
' · scJ1fc11c
•ty Benefit Act, 1961 , enacted ?
. 011c · jVlatcr111
. as the
•c f' 111
,, 115\'' WhYw .
28· pl< : . . Act 2000 cam e in to e ffec t fro m -
. thC b1a nilc Justice ,
,.-111 ,,1 r he JU VC
29
' . O11c sentence: ce ' under the Hindu Adoptions and Maintenance Act~ 1956.
111
A11s,fcr fine •rnaiote?anClinic' under th e Pre-Natal Diagnostic Technique (ReguJation and
30 l)c •Genetic 994
. oefioe f Misuse) Act, J .
31· rreve11tio 11 ~ nt Child' under the Children Act, 1960.
, peftnQUe
32, l)efiJlC
. thC ri ht O tion : •de free and com puls ory education to a ll chi ldren of age of six and fifteen. is given
1,ck State shall prov 1
33.
under -
a) Artic le 2 1 ·
a) Article 2 lA.
a) Article 39 b .
a) Article 4 1.
Fill in the blank : . of the Ind ia n C hristian Marriage Act, 1872, the express.i on ... . . . . . _... ..... ..
34_Includes
As per Sect1_0~ 3
Chnsttan descendants of natives of India n converted to Christianity as well as 5uch
converts.
Answer in One sentence : .

- 35. What is Muta Marriage ?
Fill in the blank :

36. Among the Shias, the p r esence o f .. .. .... . .. .. is not essentia l fo r marriage. bur only ar the time of
the dissolution of m an iage.

37. Name the classes of heirs according to Hanafi Law of inheritance.
Fill in the blanks :
38, Article .. .. .. . . . .. provides for the reservation of seats for women in Panchayats unde r the
39
· No _c~i~d shall be p e nnitte d o r require d to work between .. . . .. . . . .. a nd .. . . . . .. .. under the
?
proh1 1~1~n of emp loyment o f c hild re n in certain occupation and processes by the Ch ild La bour
(Prohibitio n and R egulation) Act 1886
40. Section 8 o f the Hindu Maniage .· ' A c, t, 1.95 .)- prov,"d es, tor
~ .... . .... . ... . ................ .
SECTION - ll (Marks : 60)

Q. II : Answer th
I) o·
iscuss the
·
e following (Any Two) :
provis1 ct· · · · t'
20.
under the . ?11S w it respect to the protection agams t 1scn m ma t1on o wom en, guaranteed
· · h · ·
2) n· Const1tut1on of India.
iscuss the £O II . . . . -
a) Notic f . owm g prov1s1ons under the Ma tern ity Bene tit Act, 196 l -
b) Prohi~-~- c la un for Mate rnity Benefit and Paym ent thereof.
1 1011
of dismissa l d uring absence of pregna ncy.
188. Author - Pro /> )
& C1ti/dre11 · · rQkfl,·l
_, . o to Women fr . , I( A
Lawfle1atm . d r the Immoral Tm 11 c Prevention/\ · '''n~0
. ,js1ons un e . . . · b ct. l 9sc, (
. the following pro, thel or allowmg p1 cm1scs to c used ns a Brot1 - ) ....
3) D1sc~~:,11nent for k_e~ping a ~;:arnings of prostitutio!l. . . lei.
a) Pu . h ,ent for 1tvmg on 1.1 rson for the sake of prost1tut1on.
b) Punts ." . jng or taking pe -
c) Procunng. mduc ~
Anr Two : . , .
ll : Write short notes on C de of Crim ma I Procedu ,e.
Q. l . I15 under the o
J) Sec11on -· .
l) Glorificati~n of Sat 1. oh the Special Marriage Act. I 954.
J) Divorce ot women th~~u~ of work of children under the Prohibition f
. of cond111ons b I Cl . o En1 I
4) Regulanons . Occupations and processes Y t 1e 11l d Labour P oyllJe
children in certain (Prohibition°' i,r
Regularion) Act. I 986. ~,!
5) Adultery.
Q. IV : Solve Anv Two problems : -------- ,,,,.

. the status of a Hindu \Vife when : ~
1) Determme . incapable of 0oiving consent because of unsoundness of mind
a) If one of the party ts . . . .
Answer . The marria2e is mvahd. . .

· h ·r and ceremonies includmg saptapad1 has not been perfonned
b) Where sue n es . I · d · ·
Th
Answer : e m · arriage cannot be said . to be so emmze
. 0 m accordance with the ntes
.
• kno\llD ro the either of the art1es to the marna e. And therefore the ~ f aoo
ceremomes . . fS . 7 f h o matria
I is required robe !liven. otherwise there 1s no mamage ect10n o t e Act].
c) Where she has been deserted ~or a continuous period of not less than ~o. years.
Answer : it amounts to a desertion and on that ground she can file a pet1t1on for divorce and ca.
tt
also applv for maintenance from her husband. • ~

d) Where she has been accused for murdering her husband for cruelty.
Answer: She can be held Jjable for the offence of murder. She will not be entitled to inheritiu
property of her murdered husband which she would have been entitled to, had she not murd;;
her husband.
2) Amrita was married to Aniket, and after 15 days of marriage, Aniket along with his moth1r
Durga and his sister Nandini harassed her for cash of one lakh and a car. Amrita's jeweUeq
were taken away by Durga and Nandini. Amrita was not given food to eat and was madel1
sleep on the floor. She was constantly nagged by all the three of them and was instigatedlt
commit suicide. After six months of their marriage, they poured kerosene on her and gai·r
her the matchbox, and out of sheer harassment, she lit fire to herself as she had nowbertl•
go, and she could not burden her family with more troubles.
a) Whar are the nature of offences committed ?
Answer : Demand of dowry.
b) Who has committed the offence ?
Answer: Aniket, his mother Durga and his sister Nandini
c) State the Act/Acts d h' h ·
A . un er w tc the offences are committed.
nswer . The Dowry Prohibition Act 196 J
d) State the Sections under h. h h ' .
Answer: Sections 2 d w JC t e offences are committed.
an 4 of the Dowry Prohibition Act, 196 I.
3) There are 30 wome I b
a) Are they entitled t: :el~urers in a factory.
are and safety ? If so, under which Act ?
1,,met1 & ('J,ildre11. 189. iluth p
or - ro . Prakash K H k
, , ' ffJ '1
1
1,,111
w'"'" y . . the arc
.
enl1tlcd to welfare and safe~ rovis·o d . th .
·· 0 al.
. c!i . . 1 , ns un er e Factone A I
,,~,,,er · titled to \alnncs, unna sand crechcc;? lho und h" h S . s ct. 9~~-
,~
1 thCY en . 1 ., I . . er w ,c ect,oo of wh h A
h) 1vcr : y_c1, . . ~thcv- ,,re
~
cnttt cu to atnncs. urinals and crechec; under Sect1.on
. 19 oficthe Fct?•
M!s~C - a1:tone,
N1~ . l\owcd to work nem machinery in motion ? If yec;• under whICh Sect,on
c) j\rC thcY ,1
.
of which :-\ct
'! . y cs the arc allowed to work near machiner in motion under S . ,
\nswcr . 948 ect1on 22 of tne
1 • Act I ·
~ ily hours of work and under which Section of which Act "
Whal ,ire . . .
d) wcr .• Section 54 . of the Act dstates that. - sub ect to the rovi ions 0 f Sect·100 )~ I no aduh
AO5 . ·hall be re u1red or al 1owe to work m a factor· for more than nine hour3 • da··
or1<e1 s h . > m an, ,
w "d d that sub·eel to t e rev1ous a roval of the Chief lm ector the dail·, • ·h
prov1 e . b d d. .. · maximum ours
s ecified in this Section ma e excee e tn order to fac1htate the cban1:1e ot 5h1fu.
- {8]
(April, 2008}
~larks : JOO.
Time : 3 Hours
'Witli So[utions
Q. I: Answer the following 40 multiple Objective /)lulriple choice Questions -
= 20.
Q. H : Answer any Two of the following :
a) Maintenance of women and children under the -
i) Special Marriage Act, 1954;
ii) Parsi Marriage and Divorce Act, 1936:
b) Indian Constitution and Fundamental Rights and Prohibition or Discrimination on the
Ground of Sex.
c) The Indian Christian Marriage Act. 1872 - Persons b~ "born marriages may be
solemnized.
Q.lll: Write short notes on Any Four of the follo\\ing: = lO.
a) Right to Payment of Maternitv Benefit Act.
b) Punishment for Abetment of Sati.
c) Need for Dowry Prohibition.
d) Equal Remuneration to Women Workers.
e) Prohibition of Child Labour.
Q. IV : ~wer Arw Two of the situational questions : = lO.
a) Husband and Wife adopted a child without proper a guidelines, and there was no ceremony
or other l.., - . . .
i) W , ., pc o1 adoption, answer the fo llowmg -
hcther the adoption is v.ilid '? Why '!
190.
Law Relatin to Women & Children·
period of two weeks.

iv) Is she entitled for medical bonus?.
Answer : Under Section 8 of the Maternity Benefits Act, I 961 , she is entitled to medical bonyt C
c) Deven and his parents demanded dowry from the wife of Deven and warned that she will
have to face consequences of divorce and ill-treated her. Answer the following questions
under the Dowry Prohibition Act, 1961 -
i) Whether Deven and his parents have committed offence ?
Answer : Yes, Deven and his parents have committed an offence of demanding dowry.
ti) State penalty for demanding dowry.
Answer : Punishment as provided under Section 4 for de manding dowry - shall be punishable
with imprisonment for a term which shall not be less than six months, but which may extend to
two years and with fine which may extend to ten thousand rupees :
Provided that the Court may. for adequate and special reasons to be mentioned in the Judgeme!!!,
impose sentence of imprisonment for a term of less than six months.
iii) Define term 'dow111 ' under the Dowry Prohibition Act 1961.
Answer : Any property or valuable security given or a~ eed to be given either dire£1!Y_..Q[
0
indirectly - (a) by one party to a marriage to the other party to the marriage; or (b) by th~
·h • . . . · b t does no
of e1t er party to the mamage m connection with the marriage of the said parties, ~ 1-
. 1 • - :,,t1 ano11~
me ude dower or mahr m the case of persons to whom the Muslim Personal Law (Shar~
iv) Mention case law.
Answer : Pawan Kumar v/s. State of Haryana.
v) What is the _punishment for demanding dowry ?
Answer : Impnsonment for Six months upto two years and fine upto Rs. 10,00O/::.
~~~~~~~~~~
U'_om en & Children . 19 1. Author -Pro. Prakash K. Mokal
1
e/atill ' "
/,P,., R
--~ cordinfJ to Su6jective Q]lestion (]'aper (J'attem]

~ [jf.C uNJVE RS IT Y EXA MJNATION QUESTION PAPERS
- Nos. [9] to [31]
£aw ~fati1Z{J to 'Women and Cfi:i/i[ren
<R§viseaCourse
[9]
[November , 2008]
i\'l arks : 100.
Time : 3 }lours
With So{utions
p: Attempt following in not m ore than 2 sentences each : = 20.
a) What does Article 23 ~n~. A rticle 24 o ~ the Consti~tion of India pro,; de fo~? ...
Answer : Article 23 : Proh1b1tion of traffic m human beings and forced labo ur: .-\mcle 2➔ : orob1b1t1on of
employment of children in factories, etc.
b) Define the term 'Woman's Estate'.

Answer: The term 'wonian's estate' in its larger connotation means. all prooem· which has come to a
woman by any means and from any source w hatsoever. and includes both prooem in which she has
absolute interest (Streedhan) and p roperty in which she has limited or qu al ified interest.
c) Define 'Talaq-ul-biddat' ?
Answer : This Talaq cons ists of a) three pronouncements made during a singk tuhr. ei ther in one
~ ntence, e.g. " I d ivorce thee thrice", or in separate sentences. e.g. ··1 divorce thee". l divorce thee", '·I
~vorce t?ee"; orb) a sin g le pronouncement made during a nihr. clear\v indicating an intention to d issolve
~marriage,_ e. g. "1 divorce thee irrevocably". Talag-ul-biddat becomes irrevocable. immediarelv it is
i e ~ounced, irrespective of lddaat. As the Talag becomes irrevocable at once, it is called ··Talaq-i-bain,
..:__:_!D'evocable talaq.
d) : ~ ~id th e Parliam ent enact the Family Courts Act. 1984 and when did the said Act come into
~
~ Witb he · . ·
,, ~ ~arhame nt enacted the Famil v Cour1 Act. 1984 to provide fo r the establis hments o f Family
frain11 arra· 1ew to promote conciliatio n, and secure speed sertkment o f d'1sputes reIatmg
~ ·· ~ · to marriage
· and
irs arrct for matte rs connected therewith.
e) I)
efine 'child' .
accordmg to the Prevention of Im moral Traffic Act, 1956 '?
Law R elating to Women & Children . 192. Author - Prof. Prakash K. Mok'!l:_
Answer : Child means, a person w ho has not completed the a ge of 16 years. M inor means, a person wh
has completed the age of 16 years but has not completed the age of I 8 years. ---.:.Q
f) Define C ruelty under Section 498-A of the IPC.

Answer : Cruelty means - a) any willful conduct w hich is of such a nature as is likely to drive the woman
i) to commit su icide, or ii) to cause grave in jury or danger to life, limb or health (w hether mental;
h sica l of the woman- or b harassment of the woman i when such harassment is with a view~
coercing her, or any person related to her to meet any unlawful demand for any property, or valuable
security; or ii) is on account of fail ure by her or any person related to her to meet such demand. -
g) Write the capacity of a female Hindu to take in adoption under Section 8 of the Hindu Adoption
and Maintenance Act, 1956.
Answer : Section 8 of the Hindu Adoptions and M ai ntenance Act, 1956 : " Any fema le Hindu a) who is
of sound mind , b) who is not a minor, and c) who is not married, or if married, whose marriage has been
dissolved or whose husband is dead or has completely and fina lly renounced the world or has ceased to be
a H indu or has been declared by a court of competent jurisdiction to be of unsound mind, has a capacity to
take a son or daughter in adoption.
h) What are the requirements of a valid marriage under Muslim Law ?

A nswer : i) Proposal and Acceptance; ii) Competent to contract, i.e. sound mind and attained puberty; iii)
No m atrimon ial prohibitions or im pediments in the way of marriage.
i) Why was the Maternity Benefit Act e nacted ? And wh at was the object behind its enactment ?
Answer : The Maternity Benefits Act was enacted for maternity protection, and to regulate the
employment of woman in certain establishments for certain periods before and after child birth and to
provide for maternity benefit and certain other benefits.
j) What will the Court consider while appointing a Guardian under Guardianship and Wards Act,
1890.
Answer : 1) The person desirous of being or claiming to be the guardian of the minor; 2) any relative ill
friend of the minor; 3) the Collector of the district or other local area in which i) the minor ordinarili
resides ii the minor holds · 4 if the minor belon s to a class the Collector who has authorii
with respect to that class.
Q. 2 : Write short notes on Any Four of the following:

a) Punishm ents for Child Marriages.
b) R eservation of seats for Wome n in Panc hayat.
c) Need for Uniform Civil Code.
d) Sex ual harassment of Women at Workplace.
e) Object of Prenatal Diagnostic Techniques Act, 1994.
f) G uardianship under Muslim Personal Law.
Q. 3 : Solve Any Two of the followinl! proble ms :
a) A Muslim woman seeks divorce from her husband -

i) Can the divorced woman marry another man ? Give reasons for your answer.
Answer : After the period of 1ddat, divorce woman can marry anothe r man.
ii) When can the divorced w ife marry her own husband ? Give reasons for your answer.
,nen & Children. 193. A uthor - Pro : Prakash K. Mokal.
the Jddat eriod is over and she ma rries a nother man a nd then thal another m· 11
. After . . d. I d b a
Answer · divorce or that mama e 1s 1sso ve the dealh of thal another man thereafter the
0 jves h~r f Jddat she can m ar he r own husband.
~..., 1e11on o
cou,
. f Mr. A died at her paternal home after 10 yea rs of her m arriage. One just before
MfS·" ~ wife o ame to her father•s I10use. E v1.d ence· on r ecor d prove that she was s uhi·
. ected to
bl
hfr dfll
th she c d d f fl r
assment for constant eman o new at, be1orc s he ca me to her paternal hom e.
.
d
rruellY ao h~ died at her pa ternal home, can this be a point of defence lo her husband Mr. A ?
i) As Mr~-No this cannot be oint of defence to her husband Mr. A.
Aoswer: the nature of the o ffe nce committed here ?
")
11 What 1s . . .
• The nature of offence com1111tted 1s demandm dowr a nd dowr death.
Answer.
fter herdivorce, adopts a male child 'C'. After few years Mrs. 8 rema rried former
B;
cl ~~rs- husband. After marriage, there were disputes again b etween them beca use of adopted
di~~:~~'. so their family friend Mr. Z adopted 'C' from them.
ch•') State giving reasons whether the adoption of child 'C' by Mrs. B valid after Mrs. B's divorce?
1
.\nswer : Yes. the adoption is va lid.
ii) Can the husband of Mrs. B be considered as a natural guardian of adopted child 'C' ? Give
reasons for your answer.
Answer : Ys. if B agrees for the adoption. her spouse i.e. Mr. B is considered as a uacural
wardian of the child adopted
iii) ls the adoption by 'Z' considered to be valid adoption ? Give reasons for the same.
Answer : No, the chi ld once when it is given in adoption. cannot, further be adopted. unless
permined bv the court in the interests of the child.
Q. 4: Attempt Anv Four essay type Questions : = 48.

a) Discuss the constitutional prov isions for the benefit of women and explain bow does it
safeguard the interests and rights of Women.
b} Discuss the Welfare and Safety of women in the Factories Act, 1982.
cJ Discuss in detail the provisions of Maintenance of wife and children under the Hindu
Adoption and Maintenance Act, 1956.
d) Discu_ss the following under the provisions of the Hindu Marriage Act, 1955.
'. ~Conditions for a valid marriage.
'.'.~Ceremonies for a m a rriage.
11
'. ) Registration of m a rriage.
I\'} V 0 1'd
able marriage.
t) wrt"te in
d t31·1
resp e the offences r elating to marriage unde r th e Indian Penal C ode, 1860 with
ect tow . .
. omen under the foll owin g head s -
:ii ;
C~habitation by deceitful means - Section 493.
Bigamy - Section 494.
) Adultery - Section 497.
~Write·
lh det ·1 . . . .
event• ~• the status of women in prc-iru.lcpcndc nt India and trace som e ut tltl' l11stortl' II I
s, Which led to t he ·improvement of· th eir
· status.
tLQO!!W:.JR[e~l'.!!anti:n11K.1lQO_lJ!_J°QOm~e'.!1"'.J&~·~C,._!l'.!_!Ii~ld!!!r..!c~n~._ _ __ _____.19
:. . .:..~
. .!..!'~-----"·-=-
'' =" '-'-
,l'-'t()...;.r_---=-
/ ...:..
>r..:.;.
<1.&..:•.....:f:_r · M nk(/ I,
>:....:n.:..::k!!n!.!;.,,~,,~"~
[10]
lApril, 20091
Time : 3 Hours l\1arks: 100.
-
'U/ith So{utions
Q. 1 : Attem pt the follo"ing in not more than Two sentences each :
a) State any h,o functions of the Human Rights Commission.
Answer: 1 To enouire suo mom o r on a etition resented toil by a v ict!~n or a~1 ers~n on his behal
into com taint or - i ,·iolation of human ri 2.hts or abetment thereof. or II neeth •ence m the rcve, t' f
of such Yiolaaon. bY ublic serYant: 2 To n .stt . under .mt1mat1on
. . o f· tI1e Stale.G_overnment an ·ail or11011
an
other insrirution where the persons are detained or lodged to study the h vmg conditions and mak
recommendations thereon: 3 To re,iew the safeITT.Jards rovided b ' or _under the Constitution oflndi~
the p rotection of human ri!!hts: 141To undertake and promote research m the field of human rights; ISi To
spread and oromote re_earch in the field of human rights: (Anv Two of the above). -
b) \\nat does Art. 38 of the Indian Constitution provides for?

Answer : The State shall strive to promote the welfare of the people by securing and protecting as
effecti'"eh· as it mav. a social order in which justice. social. economic and political shall infonn all the
ins Li rutions of the national Ii fe.
c) Define Talak Ahasan.

Answer : T alak Ahasan is a form of divorce which consists of single pronouncement in one sentence
made durin!! the ,vife·s ruhr. that is. the period of purity or the period between two menstruations when
there is no bar to connubial intercourse followed by abstinence from sexual intercourse or the exercise
followed bv abstinence from sexual intercourse or the exercise of conjugal rights for the space of three
ruhrs.
d) Define Streedhan.
Answer : Streedhan is the property of the woman which she gets before the marriage or at the time of
marriage or at the time of marriage or giving farewell or thereafter as gifts and other property received
from her father or other lineal paternal or maternal ascendants. It includes both, movable, and immovable
properties.
e) When was the Family Court Act enacted ?

Answer : The Parliament enacted The F ami Iy Courts Act, 1984 to provide for the establishm~ntjll
Family Courts with a view to promote Conciliation and secure speedy Settlement of disputes relatingJQ
marriage and family affairs and for matters connected therewith.
f) \\'hat is Nikah ?
Answer : N-k 1 a h among M us 1·1ms ·1s a ' solemn pact' (mllhag-e-ghalid)
· between a man an d a ~
soliciting each other's life companionship. which in law takes the form of a contract (age.I).
\
•
ur fnff/1 , fO If ""'"" & ( '/1ildr1111 . 1"S.
, I h
/ 1111· 1' '" " ' nr - Pr,, p 0 k .
, , • • ' u~I, I( Jfnkul
• hlhl' under lhc ( h1ld Marriage Re~traint A
o) \lC
nnc c . rI . f\C t, 1n9
\ ,,er Scl.'.I IClll 2 (H) <1 I 1c 1\ c1. 'child' mc,in 1 • •
•
r l' r : I :. • ' • I ' <l ) {)Cr ,rm '>, ho

f If I h
,\n\''. ,,nd ii rc_,nalc, h,1" not cq.1_11p etc l,Bj car-,_.9[_~c. :J,nr11.cfJm:>l'!r-!d 21
£11:1 ~- ·,:_.
J)
,,1,,i;1:. f
~ gain of another person or for the mutual gam of two or more pro nnn~s
Q. 2: Write short notes on Anv Four of the follo\\ia 2:

a) Punishment for Abetment of Sati.
b) Distinction between Adultery and Rape.
c) Judicial Divorce (Furquat).
d) Restraint on child marriages.
e) " Guardianship" under the Guardians and Wards Act. 1890.
f) Sexual harassment of women at work place.
Q. 3 : Solve Any Two of the following problems :
a) Lata, a three years old girl is ma rried to Rajesh. a fiv e ~e:irs old bo~ b~ tbtir partnts.
i) Have the parents of the children committed any offence ·! \f ~ e-s... thto undtr "'bich -\ct ~
Answer : Yes. Lata's parents have committed an offenc.: unJer lhe CrulJ \l.r.u:;c ~~~::-.1..:-.~ _\ .::.
1929.
ii) What is the punishment for the abon offence '?
Answer : Imprisonment for three months and fine.
iii) l s there any International Convention that prohibits child m:irriagt ·?
Answer : N o, there is no lntcmational Convention but :;1..i.: iet.1\ bchd b ilicr.:_
,: fo Last 1" u ~ t:Jrs iu the
\ b) A female employee ccta is ti,•c months pregnant. " or....
establishment for the sumc emplo~ er.
ng r
.,
i) What kind of Maternitv Benefit cun Nl'et11 d:ailll from ha t~mplo~ ~r · . . Th .
J • • • • • b-:111.·11t ._, n J " l'lllJll ,nut1,u1 t0 ,1 .,
1
Answer : Section 5 of the A~t coolers nghi t' m.\l~nu[\ . . h , . ,J ,i' her .1.:11u l
• I • , • JJ1h \\J•'" 1,,r 1__, _1:!f•e.!.n~1..~•.:.,_:_:=-~~
12_aymcnt or
matcmit\ bcncr,t at the r,!_l.~_Q_U ~c· .\H:r.l~, - '=- -
'lbs ., . · n 'fllld ll' 1.·. hild t-1rth
• vc
~ cnce uunng confinement 1.e. prq!.n~ u11., .
'Id l 96. A11thor - Pro . Pr k
~
Law Relatin to Women & Chi ret1 · • a as/, I(, AtOkq/
dure adopted by the employer to dctcrmmc the M ·
iii) What shall be the proce · ntcrnit1,
· fN t ? • Ren
ID case o ee a . h I bsents from work on account of matemit . The ave ~n,
Answer .
. . • From w en s ie a fi I I d
f the woman's wanes a ,able or ier t ic a s on which sl ra 'c d .
n,1 \1,
which ,s the avera e o d. 1 d" , ti d 1. · le has n'r
. h . d f three calendar months immc rnte ' irece m ie ate rom whicl ' \Vork
dunn!! t e eno o f . . the minimum rates of wa es fixed or revised und l she ab~ft ~d
herself on account o matemi . . er the Mi .>'\:Ills
Wa!!eS Act 1948 or ten ru ees whichever ts ht iher. n1111u,n
c) On a sudden raid by the Police at a Brothel. they found many· young ladies atong With .
minor girl aged 10 ~-ears. . a
i) Are all the ladies Liable to b~ punished ? lf_yes, then under which Act?
Answer : Yes. all ladies are !table to be umshed under the Immoral Traffic Prevention
1956. . Ac1
ii) Whether the minor girl aged 10 years shall also be liable for punishment ? If not th
what is the alternative ? , 'h
Answer: No. she will not be liable for unishment. She will be sent to reventive home
iii) Whether the Senfor Lady living on the earnings from the Brothel is also li~ble to
punished ? If yes, or no, state reasons for the same. . . . he
Answer : Yes. she is also liable to be punished, because 1s also a1dmg the offence or abettin
compellin2 the prostitution. ~
Q. 4: Attempt ADY four essa,, type questions from the foUowing: == 48_
a) Write in detail the status of women in pre-independent India and trace some of"ii;
historical events which led to the improvement of their status.
b) Discuss the main objects of the Juvenile Justice (Care & Protection of Children) Act1
2000.
c) Discuss the right to payment of Maternity Benefit under the Maternity Benefits Act, 1961.
d) How does Constitution of India safeguard interests and rights of women ? Discuss the
provisions with case law under the following headings -
(i) Under the Preamble; (ii) Right of Equality; (iii) Special provisions; (iv) Under the l~
Directive Principles.
e) E>.i>lain the main provisions of the Pre-Natal Diagnostic Technique (ReguJatioo &
t) Discuss the protection given to children under the Child Labour (Prohibition &
Regulation) Act, 1986 with respect to - (i) total prohibition of employment; (ii) autborily
who can amend the Schedule; (iii) regulations of conditions of work; (iv) liability of lbe
employer. i
[11]
[November, 2009]
Time : 3 Hours Marks: 1~
'With Solutions
Jt:'!LJU~l•£.e'!.!.'.!:&~C:.:.:'l,:.:.:il"tl.;..;
" re=''-' ''-----..!.
IL..97!.:..___ _LJAl.!!flh!Q!:.=J.~U~~!..4:~~rf:.
/(Ifill , to . ut or - Pro . Prakash K. .\fokal.
,,,., fl_e •
I, . in not more than rwo sentences each .
follow111 , .
,,11c11I JI . ,, "" 20.
,1
V'
I: <;Cll 1a .
Marriage , . .
t ' Is of Muta
,1rc thCcs. _•a ,c t a tern ora mama 1 c in which the ·d f
,v1111I •• Muta in,11 rl < eno o cohabitation is fixed and the dower
,l \t1S'~cr . d
1
cifiC '
~
l pcfiflC
II
A~~;\~c~)crsons
,, 115,,,cr •
arc related to each other wholl throu ,h males are called CO'.mates of each other.
, . ucnt child'• . . . .
cl pcfioc ~~l~~in uent child 1s child 1s a child below 16 ears of aoe who has committed an offence.
j\llSWC .
. •l(bula' and 'Mu bara~• ~ . . .

rl) What •:r . When divorce/tala 1s_ m1hated b the wife and husband consents to it the divorce is known as
AnsW ·h the husband and wife mutual\ consent to divorce. it is knov,'n as mubaraa or rnubarrat
!<hula· W en .
'.M . tenance' under Hindu Adoption and Maintenance Act, 1956.
D fine atn h A h " . . . .
~) e . Section 3 b oft e ct states t at maintenance mcludes : 1 m all cases. rovision for food.
AJ!S~er · esidence education and medical attendance and treatment· ii in the case of an unmarri~
: ; , :1so the reasonable expenses of and incidental to her mama2e.
1
What is 1protective Ho~e ?
) Answer: A home estabhshed_by a State Gov~rnment or bv a Yoluntarv Organizarion and cmified bv that
~te Government as a protective home for children.
•) Define 'female foeticide'•

' Answer : The killing of a female child in the foetus itself. i.e. before takim! birth. ts called fomak
foeticide.
1) Deline Dowry.
Answer : "Dowry" means, the payment in cash or kind or both. 10 the bride,z:room or bride2room's
parents/guardians by the bride' parents/guardian.
What is the objective of Family Court Act, 1984 ?
Answer : The Parliament enacted the Family Court Act. 198➔ 10 provide for the est:iblis.hrnents of Familv
Courts with a view to promote conciliation, and secure speedv settlement of disoutes relaring 10 marria!?e and
family affairs and for matters connected therewith.
What is Maternity Benefit ?

~ er : Maternity benefit to which every woman shall be entitkd 10. and her empk)\'er shall be li:ible for
~vment of maternity benefit at the rate of the average daih wage for 1he perioJ or' her aciual absence,
~to say, the period immediately precedin,, the dav of her deliwrv. for the acru;.11 J:i, of her Jeli, m, !he
~ . - :, . .
Lmmed1ately followed that day is said to be ma1em11v benet11.
2 = 20.
Q. :(Tite short notes on Anv Four of the following :
a Functions of Family Court.
~~~ Tor!ious liability against unborn child.
(d) p ahonal Commission for Women. _
rotcction of Women under Factories Act, l 9-tN and !\lines Act, 19~2·
& Clti/dre11 ·
. to womefl
Law Re/attn Mahomedan Law. &01, '
b'p under A t ~~
. d (Guardians ' . tion of Pregnancy c .
(e) I{j~ so f Medical Terrruoa
(0 Objects o
' Uowin robJems ;
All , Two oftbe ,o
Q. 3: Soll't' ed by a l6 year old man in the intention of ~ 1i
ma, a girl aged 18 is abduc~,,.,itted and state the punishment for the same getting rna,.t' .
a) Sush f h offence co,w.... . d . led
i What is the nature o t e . iD and Abduction is corrumtte . ,
1 wer: The offence of I(jdna C . the offence and the punishment prescribed ?
")n~nder which Sectionof the f!'d
15
•no· and JPC. Section 362 : Abduction.
11 • 359 :Ki na 1 _
Answer : [PC. Sect1~n d the [PC in the above matte,.
iii) Define crime applicable un. er 359 - "Kidna in is of two kinds : Kidna in
•d · · Sectwn . Wh from
Answer : Ki na 10 • d' hi . Abduction : Section 362 : oever b force c India
Kidna in from lawful ouar ,ans to O from an lace is said to abduct that erson om els or bv~
deceitful means induces. an erson . ~
.d. faUs in love with another Muslim male and wants to
b) AMuslim marne woman, M 1· marry b'
. .ed oman marry with the other us 1m male during the sub . 1111,
1') Can u 1e Muslim marn w s1stence
? If yes or if no state the reasons for the same. · ofOrt
I
. .
earlier marriage • ' · h b·t fh ·
Answer: No. she cannot marry witb other male dunng t e_su sis ence o e: ear1~er m ~
.. tl M . arr,·ed woman marry the other Muslim male after taking divorce from h
ii) Can 1e us11m m er MIJS/ti
husband ? If yes, then when ? .
Answer: Ye~. after a divorce Muslimcan marry the other man after observing Iddat. I
c) Answer tbe foJlowing problems with reasons -
i) Sita, a pregnant woman working in a factory for past one year loses her child due to accident,t
home. Wbat is the Maternity Benefit that Sita is entitled under the Mat emit)' Benefit Ac~ 1961 ~
Answer : Section 5 of die Act confers die rigJ1t of maternity benefit 0 11 a woman entitled to it. It alsocasu
a correspondin!l duty on her employer the average daily wage for the period of her actual absence mu
the actual day ofdelivery.
Death of the mother or child - Where a woman, having bec11 deliwrcd of a child. dies durin~t<r
delivery. the employer shall be liable for the maternity benefit for that entire period . bur if rhe child aw
dies during the said period. then. for tbe days upto and including the date of rhe death of rhe child.
ii) Arpita had made three complaints to the police that her husband and mother-in-la 11 11w
demanding money from her father. Arpita died due to severe burns "ifhin a }ear of ber marrii.1t.
~
State the offence committed and what kind of action can be taken aga insr Arpita' motber-in-l_a11 ~
A~swer : The offence is of dowry which has caused dow,y dearh. Arpira·s
will be_arrested under Section 2 and 4 of the Dowrv Prohibition Acl 1961 for do\\ n. and e ~
I
the lad,an Penal Code. • I
Q. 4 : ~t~'!1P' Anr Four essay n·pe questions from the followin o .

a 1scuss the welf: d fi .. ·
b) Explain, 'th · ar,e an sa ety of women in the Factories Act, 1982.
. "' case aws the following _
~) Se~ua/ harassment at workplace. {
. •ij Right to Education.
c) Discuss in detail the divorce 0r \ ,
I
r/JI
d) Discuss the offences . \ omen under the 1\Juslim Law. es eet ro
following - agamsf Women under the fndian Penal Code wi th r p
i) Dowry death.
)
W_omen & l,JuULren • 199. Author - Pro . Prak h K · Mokal.
efatin to
1,.11w. R
ii) Rape.
··i) Adulter y.
. u the Right to Payment of maternity benefit und th .
e) p,scuss the need of Prohibition of Immoral Traffi . erW e Matermty Benefit Act, 1961
· cuss c m omen and al d' ·
0 15 . . ns of (mmoral Traffic in Women.
D
so 1scuss the main
prov1s10
[121
(April, 2010 (29/4/10)]
Marks : 100.
fillle: 3 Jiours
'With So[utions
20.
. Attempt following in not more than Two sentences each :
Q. 1, =-- .
a What is 'Nikah' ? . . . . . ose of which is the
lswer : Nikah means mama_ e .which i~ urelv a civil contract and the
~ ion of children and legaltzation of children.
b) Define 'Child' under Immoral Traffic Act, 1956.

Answer : Child means a erson who has not com leted the a0 e of 16 vears. Section 2 aa) .
c) What does Article 38 of the Constitution provide for ?

Answer : Article 38 of the Constitution of India rovides for State to secure a social order for the
promotion of welfare of the people.
d) Define 'Sati'.
Answer : Sati is a traditional ractice of widow immolation. Sati is a traditional ractice of widow
immolation. Sati is an awesome ractice of Indian womanhood. ca ino both the association of a
barbaric society, :11:d of the m sti ue of the Hindu woman who 'voluntaril ' and 'cheerful\ •' mount the
pyre of her husband.
e) What is Maternity Benefit ?

Answer : Everv woman shall be entitled to and her em lo er shall be liable for. the a nent of matemi
benefit rat eriod of her actual absence. that is to sa . the eriod
• tel actual da of her deliven' and anv eriod immediate!
1
-following t at ay 1•s said

. to be Maternity Benefit.
~A What is
· ,Family Court' ..,
t:'wer : The Famil Court is to romote conciliation and secures eedv settlement of dis utes relatin•
~rnage and family affairs and for matters connected therewith.
g) What·15 ,
Talaq Hasan' ?
Law Relatin to Wome11 & Children· 200. Alltlror- Pro . Prak
as-1, k. M
. . OkQ/
Ans\\,er .. Tata t1asan consists
.
of three ronouncements made dunn ' successive tuhrs .
. " , . . • tnterco
·
d durtnll anYot the tlm.:\'. Tuhrs. Tala hasan becomes tITcvocabl Urse ,.h
not I1ave taken lace . .. e anct coi ~ 01.11d
the third pronouncement. urespecu, e of the lddat. 11 !etc
011
h) Name two types of industries where a 'child' is pr~hibited to wor~. .

Answer : The child is rohibitcd to work where there 1s a dan°er to his hfe 1.e. workin
Bidi and Cigar factories. Fire cracker factories. etc.
i) Define 'Dower' or 'Mahr'.

Answer : Mahr or Dower is a sum of monev or other ro Jet1 ' which the wife is entitled t .
o receive fr
the husband in consideration of the marriage. orn
j) Define 'Streedhan'.
Answer : Streedhan is the absolute ro Jert of the woman which is eiven to her before
at the time or
after her marria11e by mutual love and affection.
Q. 2 : Write short notes on Any Four of the following :

a) Aims and objectives of Dowry Prohibition Act.
b) Punishment fo r Child Marriage.
c) Important provisions of CEDAW.
d) Objects of Pre Natal Diagnostic Techniques Act, 1994.
e) Judicial Divorce (Furquat).
I) Sati.
Q. 3 : Solve Any Two of the following problems : = 12.
a) A woman is working along with other female collegues in a factory wherein there are about
40 female employees working.
i) Are women employees entitled for equal pay for equal work ?
Answer: Yes. the women employees are entitled for equal pay for equal work.
ti) Are women employees also entitled for maternity benefit, on what condition ?
Answer : Yes. they are entitled for maternitv benefit on condition of continuous work for 160
days.
iii) Are they entitled for Creches facilities ?
Answer : Yes. they are entitled for creche facility at workplace.
iv) Can they be allowed to work in night shifts provided they are given police protection?
Answer : No. they cannot work in night shifts.
b) Mrs 'X' , w ·r
1 e of l\11r. 'X' d'1ed at her paternal home after ten ,,cars of her marriage.
· Once juSI
before her death she came to her father's house. Evidence on record prove t a she was
J b t
.
sub1ecte d
to cruelty and harassment for constant demand of new flat, before she came to W
paternal home.
1') As Mrs. 'X' d"ted at her paternal home, can this· be a point of defence to her husband Mr. 'X'? d of
Answer : No, this cannot be a point of defence to husband as there was evidenc~
cruelty.
ii) What is the nature of the offence committed here ?
men & Children . 201.
J{_ef(lfill Author - Pro. Praka.rh K. Jfokal
14
f,11 '
1 nature of offence committed is the offence of demaTId.mg d'Jwrv under the Dow.!]
• ..s,,rc~
~ . ;0 nA~
~ ajd by the Police at a Brothel, they found many young ladies alon " .
on:i s~ I aged ten years. . g irb a
c) ,riinor g,rh ladies liable to be punished ? ff yes, then under which Act ?
all I e . 1· bl b . .
i) Ne y 5 all the ladies are 1a e to e un1shed under the Immoral Traff, ·p . •·
Answer : e ic res,en.1on1Act
~ h minor girl aged ten years shall also be liable for punishment ?· If nol then w. hat 1s ...we
..) Whet er
JI . ?
It rnattve · · h db ·
ae . No. she shall not be ums e ut she will be sent to oreventive home.
Answer · · r . th .
... Whether the sen10r lady ivmg on e earnings from the Brothel is also liable co ~ puni..,hed ·!
Ill) ·r no state reasons for the same.
If yes. or I ' h . I .d. h ffi .
, .. Yes· because, s e 1s a so a1 mg t e o ence of abettm!? or compellino
-' ..swer _ - the Jroqinmon
1 • •
~
t Anv Four essav tvpe questions from the fo Uo"i ng: _ 48..
Q 4 · Attemp
• · · · d th H' d \
·aj Discuss the folJ~wmg ~rovm ons u_n er e . 1n u . la~age -~_ct, 1955 : i) Conditions fo r
a Hindu Marriage. 11) Ceremomes for Hmdu -'famage. 11i) Registration or Hfodu
Marriage. iv) Viodable Marriage.
b) Discuss fully the provisions of Maternity Benefit Act, 1961.
c) Discuss the ma~n objects ~f-'Juvenile ~ustice (Care a~d Protecr~oo of Children) .-\ct, 1~.
d) Discuss in detail the prov1S1ons of Mamtenance of wife and children under rbe .-\dopnoo
and Maintenance Act, 1956.
e) Discuss in detail 'Adultery' under Section 497 of the Indian Penal Code.
f) Explain with case law :
i) Sexual Harassment at workplace.
[13J
[November, 20101
Wit.i. Solutions
1 == 10.
Q. : Attempt following in not more than Two sentences each :
a) Define 'Talaq-ul-biddat' . .
Answer . Th' · d ., · ··nak ruhr either m one
~ is Talaq consists of a) three pronouncements ma e utmn!! a 51 .. ,, d_- , th ,. ..1
~ce. e " " I d.1vorce thee thrice". or in separate sentences. e. g. ··1 divorce
divo ~ . . . rbee : I ivor1:e• ee '
dissolve
rce lhee''· o b . . h ·k:1rlv md1catm" an mcenuon 10
the Ill· . · r a sin°Ie ronouncement made dunno a ru r c • . bl · edialelv ic is
arna ,e e 0 ''I . " I I b.10Jd c becomes urevoca e. ,mm
ronou · · · divorce thee irrevocabl . Ta al -u · a . . lied "Tala -i-bain
· irr need i1Tes ec11·ve of lddaat. As the Tala becomes 1rrevcx
i.e. · •able ac once· it ,s ca
~
Law Relati,r to Wome,r & Cltildre11 . 202.
b) State any two functions of Human Rights Commission.

Answer : uire suo motu or on ·· resented to it b a victim or an
violation ublic servant: ii To review safe rovided b I or under the

protection of hwnan rights.
c) Define 'Brothel' under the Immoral Traffic (Prevention) Act, 1956.

Answer : Section 2 a 1e Immoral Traffic Prevention Act. 1956 states - "Bro .
house. room. conve , ace or an ' ortion of an ouse. room co or
two or more prostitutes.
d) Define 'Child Marriage' under the Child marriage Restraint Act, 1929
Answer : Child marria2:e means. a ma n-ia 2:e in which either of the contracting parties is a chil£l
e) Define 'Female Foeticide'.

I I
Answer : The killing of a female chi ld 111 the foetus itself, 1.e. before taking birth, 1s called fema\
foeticide. ~
f) Why was the Family Court enacted?

Answer :_The ~arliament enacted th~ ~a~1ilv Courts Act, 1984 to provide for t_he establishment ofFami\
Courts with a view to promote Conc1lialton and secure speedy settlement of disputes relating to marri!!!Y
and family affairs and fo r matters connected therewith. a~
g) What are the requirements of a valid marriage under Muslim Law?

Answer : The requirements for the valid ma1Tiage are - i) There should be proposal and acceptance; ii}
Parties to the marriage must have attained puberty and must be of a sound mind ; iii) There should be no
matrimonial prohibitions or impediments in the way of marriage.
h) Define the term 'Natural Guardian'.

Answer : A natural guardian is defined as a person who by virrue of h is natural relationship with the
minor assumes the duw of talcin12 care of the person and property of the minor.
i) Define 'Delinquent Child' under the Children Act, 1960.

Answer : A delinquent child is a child below l 6 years of age who has committed an offence.
j) Define 'Sati'.
Answer : Sati means, the burning or burying alive of:
a) Any widow along with the body of her deceased husband or any other relative or any article, objecLQr
thing associated with the husband or such relative; .
b) Any woman along \\'ith the body of any of her relative, irrespective of whether such burning orb~
is claimed to be voluntary on the part of the widow or the woman or otherwise".

a) Sexual harassment of woman at workplace.
b) Need for Uniform Civil Code.
c) Minors Agreement.
d) Punishment for abetment of Sati.
en & Children . 203.
. to Wont Author - Pro . Prakash I( MolcaL
t fllftll '
'
' /l.
l'''' tiofl 0
f scats for Women in Panchayat.
flcscrva mission for Women.
c) (\Illt·ooal
I
Com
0 w~in~g~p~r~o~b~le=m=s~:_ _ _ _ _ __ _ _ __ _ _ _...:.J~
,-woo f_!!h~e~~~o~ll~o~
-~ ~ 12.
Q, J · . 1aged J8 is abducted by a 26 year old man in the intenti r .
5~ceoa_a gir ature of the offence committed and state the punjshmem foontho getting married.
s) h t JS the n f'l". . lcid . r e same.
i) W ar . The nature of the o ,ence_ JS na in and abduction under the IPC.
Artswe · h. h Section of the IPC 1s the offence and the punishment prescribed ?
ii) Vnde~~ •~er Section 359 for Kidna in and Under Section 362 for Abducri ·
Answer · ;e crime applicable under the IPC in the above matter. on.
···)
111
pefine
• I(idna m -
· K'd .
1 na mo 1s o
. f tw k. d ·
o m s: a K1dna oimi from India· a; db K'd .
Answer_'.&-, 1 uardiansbi . Abduction - Whoever. bv force com ""Is or b·· an. ~d . '. nao mg
Jaw1J!! . . " · · ' ecemu1 meam
from erson to o from ao lace 1s sa1d lo abduct that ~rson.
induces.~
. du maJe adopts a child with the consent of his \\ife 'W'
'A' a JIID '. . . .
b) . Can such adoption depnve adoptiv~ father or mother of the power 10 dispose or his or h~r
t) rty by transfer inter vivos or by Will ?
~er_: No, such adoption
prope · w1_·11 no t depnve
· th e_power to dispose o~ prooem· b\' farhcr or moiller.
ii) Can any property be vested m the adopted child before the adoption. shall cominue 10 vest such
person ? . . . .
Answer : No. any pr~perty vested m a~opted ~h,ld _before adopnon \\lll nor \cSi unless it li
tranSferred to him by will. etc. but not contmue bv mbentance.
iii) Can the adoption be _canc~lled ? Why ? _
Answer: No. the adopt1on w11l not be canceUed as Hindu male adoprs with consent oihis \\i le.
c) A boy below 16 years of age was kidnapped from his lawful guardianship.
i) Which Section of TPC can be applied here ?
Answer : Section 361 of the rPC.
ii) If the boy is taken away from India, then what is the kidnapping called? Under what Section ?
Answer : It will be called lcidnapping from India under Seer ion 360 of the Indian Pen:i.l Cod~.
iii) According to Section 366, if a woman is kidnapped then what is it called ?
Answer : It is called importation of girl from forei1m counrw.
iv) What is the punishment for abduction ?
Answer: Imprisonment of either description for a term which mav extend to seren \e:l!S and shall
also be liable to fine.
Q. 4 : Atte~pt An\ 4 questions from the following : . ::: -'~-

a) Discuss the Constitutional provisions for the benefit of the women and expla.,o bow 11
safe~uards the interests and rights of women.
b) Discuss in detail the divorce of women under Muslim Law.
c) Discuss the protection given to children under 'The Child Labour (Prohibition 10d
Regulat!on) Act, 1986 with respect to -
~~ Total prohibition of employment.
'.~~ Authority who ca n amend the Schedule.
111
) Regulations of conditions of work.
Law Relarin° to lromen & Ori/drrn. 20~. Autlror - Pro . Prak
a,11/1 /\ \
• I Ink
d) Write in detail thr ofTl'nct'li l'('\ating to nrnrrin~r undrr thr lnrlinn 1\•nal C a/,
0d
respect to "·omen undrr the following casrli hrndli - '-', 1Hflo
i) Cohabitation lw decritfu\ meam - ~rction ~9l '''"~
ii) Bigamy - St-crlon 494.
iii) Adulte~· - Section 497.
e) Discuss in detail tbe pro,isions of maintcnancr of wifr 11nd children und
and Maintenance Act. l 9S6. rr th '-' Adopt'
0
f) Discuss in detail the functions of the Family Court. 'h
[14]
[April, 2011 (29/4/11)]
Time : 3 Hours
Marks: lOO.
Witli So{utwns
. 1: Attempt following in not more than 2 sentences each :
a) What are the requirements of a ulid marriage under Muslim Law?

Answer : i There sbou\J be ro osal or offer i" ab and acce tance ubul · ii The arties should h
ca acitv to marrY (arramm2 ubem· 1 or to be married (marriage through 0 uardians · iii There sbo 1;~e the
impediments in the wav of marriage. u eoo
b) Define 'Women's Estate'.

Answer : Women·s Escne me3ns. all property which bas come to a woman by any means and any source
whatsoever. and includes both propenv in which she bas absolute interest (stridhan), and the property in
which she has \imi1ed or oualified interest.
c) Define 'Cruell) ' under Section 498 of the LP.C.

Answer : ·'Wboe\'er. hein!! the husband or the relative of the husband of a woman, subjects such woman to
crue\ty. sha\\ be punished with imprisonment for a tem1 which may extend to three years, and shall also~
\iab\e 10 fine.
d) Define 'Dowry'. .
Answer : Section 1 of 1he Dowrv Prohibition Act 1961 'dowry' means, any property or valuable sec\J.!!!X Q
given or agreed 10 be g1ven either directly or indirectly, by one party to the other in the marriage, or b~
parents of either partv. in a marriage or by other person to either party in the marriage or to a_nY 01he ~
at or before. or any time after the maniage in connection with the marriage of the said part,e~, b ~
include dower or mchr in the case of persons to whom the Muslim Personal Law (Shariat} apph~
1
e) Define 'Genetic Clinic' under the Pre-Natal Diagnostic Technique (Regulation & Prevention°
l\fause) Act, 1994. . . . IC hOS 11al
Answer : Under the Pre-natal Diagnostic Act 1994 'Genetic Clinic' means a clinic inSll:~n 1
, 1rc-na91
nursin home or anv other )lace b , whatever name called which is used for coocluc
.,
j) What is Maternity Benefit ? . . , . . .

Answer : Maternity benefit to which every woman shall be entnled ro. and her emolo\·er snaU oe habit: tor
ihe payment of maternity benefit at the rate of the average dailv wa~e for !.he perioJ of her a~rJ:ii :ibsence.
iliat is to say, the period immediately preceding the dav of her deliverv. for the a.:rml d:1\· o! ber ddivcrv. the
period immediately followed that day is said to be maternitv benefit
1.2: Write short notes on Any Four of the following : = 20.

a) Distinction between Adultery and Rape.
b) Judicial Divorce (Furquat).
c) Object of Pr.e -Natal Diagnostic Techniques Act, 1994.
d) Punishment for child marriages.
e) 'Guardianship' under the Guardians and Wa.rds Act, 1890.
Q Objects of the Medical Termination of Pregna ncy Act.
· f the following problems :

·3:-Solve Any T woo = 12.
a) Mrs. ' A', wife of 'B' died at her paternal home after ten years of her ".iarriage. Once juSl beforde
he d th ' · ~ 'd ecord prove
r ea , she came from her husband 's house to her father 's house. E,,i ence on r ·h
that sh . . d d of a new flat. before :s e
e was subjected to cruelty and harassment tor constant emlln
~an1e to her paterna l home ' .,
1) Mrs 'A' d' . · . Of d ·f -e to her husband Mr. ·B ·
A · ied at her paterna l home. C an this bt' a pomt i: enc . . d ed that
nswer · N0 1 • . . . . b· d , · -e evidence on recor rov
she · t 11s cannot be a 0 111t o t lktence tor her 1ius ,Ill :;In~ bf ·he came to her
~ bjccted to cruelty and hanssment for constant t.kmand ot new flat, e ore :; ·
-~•llcrnal home ' •
ll)Wh, t• , . ,
a ts the nature of the offence committed hen• !
LaM· Rcla·rim; to H ·c,mc-n & Children .
b ) A ;\\uslim W(lman sC'<'k s di\'(lt'CC fr(lm her hu !iihand.

i) Can the diYo~ " ifr marry another man ; Give r usons for your :\llswn.
Ans wer : Y~ th..:- diY0rcN w ife can m arry anC'thc-r man a1\cr the co m plcti\,n o f •
~ ~t 1
\.. •
s1..,stmence '• ~ 1m
•
:-is1?1..i. 1 to ascen:nn
•
w hct11er sl1e 1.s 1rc ,nant l, · tl1c lonncr
. husb·1 ) .
l'noc.1 •r
- · - . · ~ n(1 so ,. h·
ccmtu.s1C'n '-"1 paterrutv Qarc-m:1gC'. • ns to h
•• ~ \ .(I1!I
u ) \\lien can the di\'orcl'd ";fr msrt")· h er own husband ? G ive n rnsons for Y<Hu·
.~swer : ., A fter rom knon . 0t. 1'ddat en.CId· ..
n ,,··~
,, 11e ma ·m . . iii nnswcr
an nther man· Tl . ·
ci,·inn her diYQrc.e or mania"'c is dissoh·ed b , death of that anoth er man· iv \Vile ~ •It another 111
l u. d at penC\d
. . o scn,c . . ar,
1s comple-te. now • be c.an marry her fon ner husband. s 1llc1,11. 1
c) Answer tbe follo""ing problems " ith reasons: -

i) ParYati.. a pregnant woman ·working in a facto~· for past one year loses h er child d
at borne- \\llat is tbe matemi~- benefit that Pan:·ati is entitled under the Maternit/; to accid~nt
1961 ? enefits Act,
An~ er : Yes the woman ,>.ill 2et rnaterni · benefit. till the da includin the da f h
I
o t e death of her
ch.ild.. if the death was w ithin the p eriod of six weeks post her delivery.
ii) Deepa had made three complaints to police that her husband and mother-in-I
d emanding money from h er father. Deepa died due to sever e burns within a year of her ~,·ere
S tate the offence committed and what kind of action can be taken against Deepa's mother ~rr,•age.
;w
. . ~ ~
Answer : The mme ~-as cruelrv under Section 498 A of the I.P.C.; No the h~sband cannot take the
defence that Deepa died at her maternal home. and there were three com plamts to police that h
husband and mother-in-law were constantly demandin!! money which ultimately resulted in her dea:
hence. the husband can be charged under Sections of dowry and cruelty. ·
Q .4 : Attempt An\' 4 essa\' t\'pe q uestions from the following : = 48.

a) Discuss the pro\'isions r elating to maintenance of wife and children under the Adoptions and
Maintenance Ac½ l 956.
b ) Discuss the following under the provisions of the Hindu Marriage Act, t 955 :
i) Conditions for a Hindu Marriage. ·
il) Cer em o nies for a Hindu Marriage.
iii) Registration of a Hindu Marriage.
iv) Voidable Marriage.
c) Discuss the welfare a nd safety of women under the Factories Act , 1982. . 1
d ) W rite in d etail the status of women in Pre-independent India and trace som e of the hi5torica
events, whic~ led to the improvement o~ their s t~tus. . _ . 1.
e) Discuss t he n gbt to payment of maternity benefit under th e M aternity Benchts ~ct, 196 he main
f) Discuss the need of prohibition of immoral traffic in wom en a nd also discuss t
provisions of immoral traffic in women.
& Cf1if<lre11 . 2()7. Author - Pro . Prakash K. i't/okal.
l151
\December, 2011 (01/12/11)1
Witn So[utums
20.
I
d) What is Nikah ?
Answer : Nikab amon st M · · · -e-0 h:tl1J) [';:I\\ e;;:: .1 m:in lnJ 1 w0nun
solicitin each other' s life com :. e fonn o:· :l c0n~r.i-:t ;1uud>.
e) What are the essentials of Muta marriage '? 1

Answer: A Muta marriaoe is a fixed tern, marriaoe. in order to be , ·.1h.i. r~ u1r.> C'\.'ui... the ·p-:~ f1-::111on
of the duration of the marriage, and the pavment of a f1xeJ sum lS J0,, er 0r m.1."tr
D State the orders which cannot be passed against 11 juHnik 1 13

Answer : The orders which cannot be assed a;ainst the Ju, cnik ~ ~ 0 Ju, cmk m conth:t " th 0,,
shall b_e sentenced to death or im risonmcnt for a1w tem, "hich nu, c:-..tenJ to 11nonsonm.:nt for liri:. r
ffi_mmitted to orison ·in de t·au Ito t· pavment ot· tme
- or ·m uetm
.1 • \ t o1· n.·1m1s
· h1ng ~
...1.1.u
• n·t\ .
A When ·,' m·arnc

g) · d Hmdu
. can adopt ;1 child h:lS ih~ 1.'.t\ al.'.it,· 10 t:1ke a 50n or
~nswcr r··, An. \{ . ~ndu male who is or a •sound mim\ · :UIJ
..
is nl, t :\ mtnl,r
\ II\ ,\doptton with th-.: \.'.011SC\\l of hi:-\\ ite.
, !!!fl~W!Jr,K_!:~~~~_Q@E~!...:.------=2~02:8:__.
!:_aw Relatifl ro Women & Clrildren. ·
_ _---'1:....:i.:.:.11.:;.;.th;..;;o"'"r_--'P_r__o..._.-'P
__rc..ca;.;.:k:.::a:.sh~K.:...!.M
:.: • ok"'·
Answer· In cnmera iocee . din is held in rivate. when . the court roceedin tn rivate ch
amb
• I . . . h Id in court hall after excludmo a11 s ectators s are said to b h er
of 3 Jud e or w 1e 11 tl 1s . e c elct
111 camera.
') 0 fi 'cbL'ld' according to the Immoral Traffic Act, 1956.

J e me
Answer: I d b
Child means, a person wbo bas not compete t e age
of 16 years ·
Q. 2 : Write short notes on AnY Four of th e following :

a) Guardianship under the Musli~ Personal Law.
b) Punishment for abetment of Sati.
c) Functions of the Family Court.
d) Important provisions of CEDAW.
e) Juvenile Justice Board.
f) Restraint of Child Marriages.
Q. 3 : Solve Anv Two of the following problems :
a) Amar, a Hindu, married Priya, a Hindu under· Hindu rites. After eight years of marriage,
Amar told bis wife Priya that be did not want to live with her, hence, they should be divorced
under mutual consent as Amar wanted to marry one Vinita. Amar also embraced Islam for the
same and obtained a certificate of conversion to Islam from Qazi.
i) What is the nature of offence committed and state the punishment for the same.
Answer : The nature of the offence is to get the consent by force Without Priva's will, which is a
criminal offence.
ii) Under wruch Section of the IPC is the offence committed and what is the punishment ?
Answer : Under Section 94 IPC (i.e. act to which a person is compelled by threats to give his/her
consent) and Section 494 IPC (i.e. marrying again during the life time of husband or wife).
iii) Write the judgement and the name of the case law.
Answer : Bandansa Rowther v/s. Fatima bai, 26 MLJ 260 - It was held that an apostate from
Hinduism is not absolved from all civil obligations and the matrimonial bond remains in existence.
b) Sarita was married to Purohit under Hindu rites. As per the demands from the father-in-law,
husband, three brothers and brother-in-law, dowry worth Rs. 60,000/- of gold ornaments,
clothes were given to Sarita's father-in-law and husband. Sarita was still harassed, beaten up
and kept without food by her in-laws and her husband. They refused to return her streedhan.
i) What is the nature of the offence committed and state the punishment for the same.
Answer : The offence committed here is cruelty for den~and of dowry whi ch s cri minal offencf:
ii) Under which Section of the IPC is the offence committed and the punishment prescribed ? _,
Answer : Section 498A of the JPC and punishment prescribed for this offence is imprisonme!!!JQI.l
ten11 which may ex tend to 3 yea rs and shall also be liable to fine.
iii) Wri te the judgement and the name of' the case law. ,
Answer: 8 . S. Joshi v/s. State of Haryana, 2003 Cr. L. J. 2008 SC The object of Sectio n ~
is to prevent torture of' a woman by her husband or his relnti ves in connection with demand o l ~
c) A Muslim married woman falls in love with another Muslim male and wants to marry hinl, r
~·,r1)
C~n t he M us I"1m woman marry with the other Muslim male during the subsistence ol· I1er l,,
1")
marriage ? ff yes or no, state lhc reason fo r th(; sam(;.

w Women & Children . 209. Author - Pro . Prakash K. Mokal.
fle/(ltill
I 011'
· 1
1
_ annot man dunn ·
tI1e su bs1stence
. of .her earl mama
. ,e s he can mar after tala
nswcr: No . ·d s e csband and w ·ith· com J 1et1011
· o·f ldd
. at Jen·o d .
.'\ I arne I
,u · . - .
11 , earl Ill Muslim man-i ed woman ma n-y with the othe r Muslim ma le after takmg di vorce from her
ii) can tli~ band ? If yes, then w hen ?
M s11111 hus . . I . . .
tirst ,,eru . y es. the Muslim mamed woman can man t 1e other Muslim male after takm di vo rce and
~
t Anv Four essav tvpe g uestions from the following : = 48.
Q. 4 : ~?1;uss fully the provisions of the· Maternity Benefits Act, 1961.
a) ~~s uss fully the objects of 'Juvei:iile Justice (Care and Protection of Children) Act, 2000.
b) '.sccuss -i n detail Rape under Section 375 of the Indian Penal Code.
c) OIS • • •
d) Discuss in detail the welfare and safety of women m the Factones Act, 1982.
) Explain with case law - i) Sexual Harassment at work place. ii) Right to Education.
~ Write in detail the status of women in pre-independent India and tra ce some of th e his toric
events which Jed to the improvement of their status.
[16]
[May, 2012(14/5/12)]
Time : 3 Hours 1\'I arks : 100.
'Witli So{utions
Q. J: Attempt following in not more than 2 sentences each :·
a) Define Streedhan.
Answer . St dh . . . .
~ · . ree an 1s the property belongmg to th e woman (mcludnw. her clothes and omarnencs)
~ dunng her lifetime including the duration of her maniage. w hether she staved with her husband
~
i) Brou ht b h . . . .
include the . . er_ from h~r . arents . lace to h er in-laws ~lace a_nd the matnmo nial home whh:h sh:.1ll
~ i f t s d irectly given to them-laws and othe r relatives o the r husband) .
iii) Giftedto ~er
6 her husband and his famil durin r the marria e incluclin\) the rites ;:md ricuals).
ii,) ~ er b y others (fr iends or relatives, e tc.), anytime in her lit~time.
1
ro erty 6 urchased b her or an bo d e lse in her ncunc anytime during her lifccime , im:ludu1~ chc"
· eforc dur·in ' an
. cJ a f'ter I1er mar na
· ·•c.
liJ Wh,
Ariswcra~ doc_s Article 23 and Article 24 of CIH.· C ons titution of lndiu prov idt• fo,· ·.•
~3 ~~~24 la d ow n ru visions JtJr ri •lit aga u.1s1 ~x11lni~;,__1ti,?11.
~~ o [__ rohibit i~!L(L lD.Lrlis in 11111!);111 be111.g;:. and l,1 1\ ; c d labuur arc 11\.'.S1;.•111 c:d in chi~
l1it:Jc 24 · Th· · I .l I . · ·
. is Articlt: t:ontains_t_hcJ)rl>hibi1 it>11 ol'L:n1ploy m l,,'•l l_w._c u , rc11 111 laL: lll rtc.s, ct,,: .
t) \V
A11~Wthy Was
• Fam 1·1Y C our1· c11actcd ·! . . .
~~IlIen1re : rhe Fran,1') C o url s were e nHCWl I ·1 '. 1u ~ pro : . . . ~®c rl1;rl1llll i 11, fillli iil_tu
. - .111ulu .Sc:'l:lll'C the SJ)•'•
_ ~ ~-'•l \'
nt of . 1· .
11. 11 .ii 1, 111 :-; .
u ts utes relal in , Lo nrnr_rni g,£ ~•!.IL.' 1111
- ·
Law Relati11 to Wome11 & Children. 210.
d) Define Agnate. . ~ .•
Answer : A erson is said to be an 'a i!nate of :motlll'r 11 the two are tTlatcd b , blood .
n1 ado .
through males. )l10 11 \Vh
011 '
e) Define female foeticide.
Answer : It is defined as abo1tin•' a female foems after sex detenninntion test or )re~natal d.
which includes : . . . . la 'llostic le~
1
i) Ultra sonographv. ii) FoetoscopY. iii) Placental tissue sampl mg. 1v) Amrnocentes~ ·
g) Define the term ~arural Guardian.

Answer : Under Section 6 of the Hindu Minari I and G~ardiansbi Act, I 956 the natural uardia
Hindu minor. in res ect of the minor's erson. as well as. m res ect of the minor's ro e excl ct·n of_a
or her undiYided interest in joint familv property). are - u In his
a ) in the case of a bov or unmarried Qirl - the father. and after him. the mother, provided that the c
of a minor who has not completed the a.Qe of five years shall ordinarily be with the mother: Ufilruiy
b) in the case of an ille!lirimate bov or an illegitimate unmarried girl - the mother, and after her, the
father. -
c) in the case of married Qirl- the husband:
No person shaU be entitled to act as the natural guardian of a minor under the provisions of this Section_
i) if he has ceased to be a Hindu. or ii) if be has completely and finally renounced the world by becoming
a hermit (vaaaprast:ha) or an ascetic (yati or saayasi).
b) Define Talaq-ul-biddat.
Answer : Talag-ul-biddat is the pronouncement of Talag thrice in a single tuhr and is irrevocable in
nature. In Talaq-ul-biddat or Bai□-Talag. the divorce takes effect forthwith, immediately.
i) Define Genetic CUnic under the Pre-Natal Diagnostic Technique (Regulation and Prevention of
Misuse) Act, 1994.
Answer :"Genetic Clinic" means. a clinic. institute, hospital, nursing home or any place, whatever n~
called. which is used for conducting pre-natal diagnostic procedures.
j) State any two functions of the Human Rights Commission.

Answer : The Commission shall perform all or any of the following functions, namely - . .
1· v10
· Iat1on · o f s uch vJOlation
· o f human n·l!hts or abetment thereof. or ii ne ,Ji fence in the revent1on
public servant.
Q. 2 : Write short notes on Anv Four of the following :
a) National Commission for Women.

Answer :
. . f women Act
Introduction - Date of set u I 992 under the National Comm1ss1on °
- Powers and Functions.
21 J. A 111/tor - Pro . Prakash K. ,',foka/.
d) Guardianship under Guardianship a nd \Vards Act, 1980.

Answer:
Introduction : Law to supersede all laws regardin~ the sam~. Onh- non-reli!::ocs l:rn 2:0\ ~ming
guardianship in the w hole of India.
Meaning and definition of ' guardian '.
Types of guardians and powers of the courts.
e) Need for Uniform Civil Code ..

Answer:
Article 44 of the Indian Constitution.
~eaning and explanation of Uniform C iv il Code.
_ase Law Shah Bano v/s. Ahmed Mohammad Khan.
Q Dowry Death.
Q. 3: Solve An T
-...:... Y woof the followin g problems: 11.
a) Answer the f0 II .
i) 8 , . owmg problems with r easons :
av1ta a p · d
acc·,d ' r egn a nt woman workin o in 11 f1h.'ton· for lht' pas t one Wllr, loses cbtJd ue co
ent •1t I10 . b • • •
Bcnet~t '
1 s Act·>
me. What is the Maternity Bem•fit thar S:1virn is entilled under the Matermt)'
·
~
~) · n d er Sect·10 n 9 o t· t I1e ~. · 8c.'nd1ts
Lvlatem11v - ., H~l
.-\1.'.t, S,1\ · ~nm· IeJ to le,l \,.,... \,··1th
· 1s w ;.1 'e' fur il
!!. :)
11 Archana h d . . ,
demand' a made thrl'e comph1ints to tht' polkc th11t her hus band and mother-m-law n ere
1llnnia •ng 1uon , , t· · h'
C) rom her fath t•r. .-\.rrhann died due to several burns wtt m a )ear
, of her
1 , .,
111 gl'. S tate th c• o t·1·cnce
0th~r-· . conunitkd und what kind ot• action
. • can b etak en agams
· t ·Ar cha na 's
111-law '?
Law Relatin 7 to Women & Children • 212· A " th0 r - Pro . Prllka.,·/, I(
. · Mo1r01
Answer : Dow , death u/s. 304 B of the l.P.C. as Archana has died wit h in a car of ·
Punishment 7 years to l O years. 111nrrin •~.
b) A boy Sumit below 16 years of age was kidnapped from his lawful guardianship.
i) \\1hich Section of LP.C. can be applied here ? . . .
Answer : Section 361 of the 1.P.C.. as Archana has died w1thm a ear of ma1Tia e Pu .
· n1s11111
IO years. ent 7 10
ii) If the bov was taken awn from India, then what is the kidnapping called and
· . Und
Section ? er What
Answer : Section 360 of the 1.P.C. kidnapping from India. as well as. Section 36 I .
iii) According to Section 366, if a woman is kidnapped, then what is it called ?
Answer : Section 366 : Kidna ing, abductin inducin° woman to corn el her for mama
h1) \\'hat is the punishment for abduction ? e etc.
Answer : Abduction bv itself is not punishable. it has to be committed alon g with kidnaplll!!&
c) On a sudden raid by the police at a brothel, they found many young ladies along with a m·
girl aged ten years. •nor
i) Are all the ladies to be punished ? lf yes, state under which Act ?
Answer : No. the ladies will not be punished , as the Act lays down no punishment for sex w k
.. . h . C . H H h
They can be rehabilitated by puttml! t em m orrect,ve ome. owever, t ey can be punished d
or ers
. · d bl '
the I.P.C. for crimes. such as. pub I1c m ecency or pu 1c nmsance.· un- er
ii) Whether the minor girl aged ten years shall also be Uabl~ to punishment ? If not, then what
is the alternative ? .-
Answer : T he minor girl shall not be liable and can be sent to Protective Home.
ill) Whether the senior lady living in on the earnings from the brothel is also liable to be
pu~ished ? If yes, or no, state reasons for the same.
Answer : Yes. the senior lady living on the earnings of the brothel is punishable as per Section 4 of
the Immoral Traffic Prevention Act, 1956. The Act lays down punishment for the same i.e.
imprisonment for a term which may extend to 2 years, or with fine which may extend to 1000 rupees
or with both. A lso. if the earnings relate to prostitution of a child, the punis hment is imprisonment for
a term of not less than 7 vears and not more than 10 years.
Q. 4 : Attempt Any 4 essay type questions from the following : = 48.
a) Discuss the right to payment of maternity benefit under the Maternity Ben efits Act, 1961.
Answer:
Introduction - Related Section - Definiti on - Explanation of Provisions for Payment under th e Ac.L
Sections 5 to 9 - Case Law - Conclusion.
b) Discuss the need of Prohibition of Immoral Traffic in Women and also discuss th e main
provisions of Immoral Traffic in \Vomen Act.
Answer:
Introduction Aims and Objectives of the Act Related Sections Case Law Conclusio.!l,.
? Discuss
c) How does Constitution of India safeguard the interest and rig ht of women ·
provisions with case law under the following headlines -
i) Under preamble.
ii) Right to equality.
W_omell & Clrildren . 213. Author - Pro . Prakash K. MokaL
'
/(Ifill , (0
111 Re
/,II ovisions.
, 5pcci11\ pr fve principles.
ih) dcr dircc '
j,•) l) tl . . .
~ nsritution of India ~a_fe . . . .
t1 w does Co mble : ex lamm the various arts hke ust1ce - social etc._ Ri ht toe uali :
r,o .0 n - Prea . . . l 15 \6 2
I11troductt
14 s . 1 rov1S1ons : Artie es
ec1a . . I 23 24. - Directive Princi \es : Articles 39. 39 A
Article · _ Case Law - Cone1us ion.
38 46 44 etc.
. detail the divorce of wom en under Muslim Law.
·scuss •'"
d) OI
~
duction. d d' h. .c. b . .
~ v o r c e : A husban ma ivorc~ 1s_wi~e v_re_ ud1a~m the _marriage without oiving anv
Mod p nouncement of such words which si!mt his mtent1on to disown the wife. is sufficient.
reason.U rothis is done b Tala . But he ma also divorce b 1\a. and Zihar which differ from Tala
Genera. £ rm not in substance. A Wlle . c. cannot d.1vorce her husband of her own accord. She can
~~r h~sband only when the husband bas delegated such a right to her or under an agreement.
divorce may divorce her husban d eit
ife . h b Kh 1
er Y u a or Mubarat. Before 1939. a Muslim wife had no
~ to seek divorce except on the ground of false charges of adulterv. insanitv or impotencv of the
~ band. But the Dissolution of Muslim Marriages Act, l 939 lavs down several other ~ounds on
~: basis of which a Muslim wife may get her divorce decree passed bv the order of the court.
There are two categories of divorce under the Muslim Law : 1) Extra-judicial Divorce. and 2)
Judicial Divorce.
The category of extra-iudicial divorce can be further sub-divided into three rvpes. namelv. -
A) By husband - Talaq, Ila, and Zihar.
B) By wife - Talag-e-tafweez and Lian. Any of the 9 grnunds given under Section 2 of the
Dissolution of Muslim Marriages Act, 1939.
C) By mutual agreement - Khu la and Mubarat.
The second category (B) is the right of the wife to give divorce under the Dissolurion of Muslim
Marriages Act. 1939.
Case Law - Conclusion.
e) Discuss in detail the p rovisions o f Maintenance of wife and children under the Adoptions and
Answer:
Introduction Provisions of Sections l 9 to 28 of the Act. Case Law Conclusion.
n Discuss the protection given to children under "The Child Labour (Prohibition aoct
Regulation) Act, 1986 wit h r espect to - i) Total prohibition of employment. ii) Au th0 rity who
can mend the Schedule. iii) Regulations of conditions of work. iv) Liability of th e employer ·
,&!swer :
lntrodud . Explanation of various provisions - Case law -
~ •on - Related Sections Definition
~
,.~a~tt~·
;L;; R~e!Jlarr11!!.·n!.l.Ll!;IO!..!,!H'.J.O'!.!.n~,e~n~&~·~C.!.!l,~il~d:.!.r!..!cr:.:.•.!..
' _ ___ _,2"-'l=-4:..:.•------=-A.:. ;,:.:.lf:.:.h:.0.:.:.:.r_--!..P..!..r~o'i.!...J.p~
. rakas1, I(
• "101.
""'·
[17]
[Dece111ber, 2012 (11/12/12)]
Time : 3 Hours
'Witn So{utions
Q. 1 : Attempt in not more than Two sentences each :
a) Define '\\'oman's Estate·.

Answer : The tern, ·woman ·s estate' in its laroest connotation means. a ll ro er which 1
• d las co
woman bv anv means and from an source whatsoever. and me 1u es both ro e 1 in h" me to a
absolure interest (streedhan) and property in which she has limited or qualified interest. w tch she h~
b) \\'bat does Arti. 38 of the Indian Constitution provide for?
Answer : Amcle 48 - State to secure a social order for the romotion of welfare of the eo 1 -1'
shall strive to rornote the welfare of the eo le b securin° and romotin as effective e . he State
s_ocia l o rder in which ·ustice. social. eco~omic an~ . ol~tical. sh~ll info~ all_th~ institutions 0
life. The State shall. in articular. strive to mm1m1ze the me uaht1es m mcome and end
a
ltonal
/t~~\:~
eliminate ine ualities in status. facilities and o ortunities. not onl amon st individuals but als 0eavour to
!!To ups of people residin2 in different areas or engaged in different vocations. amon st
c) Define 'Dower' or 'Mahr'.

Answer : Dower or Mahr is an amount to be given by Muslim husband to his wife in considerat'
. ion of
mama2e. -
d) Define 'child' under the Child Marriage Restraint Act, 1929.

Answer : As per Section 2 (a) of the Act child means, a person who, if a male, has not completed 21
vears of age, and if female. has not completed 18 years of age.
e) \\'hen a married Hindu can adopt a child under the Hindu Adoptions and Maintenance Act,
1956?
Answer : Any Hindu male who is of sound mind and is not a minor, has the capacity to take a son or
daughter in adoption w ith the consent of his wife.
f) \Vhat is the punishment prescribed for Dowry Death under the 1.P.C. 1860 ?
Answer : Whoever commits dowry death shaU be punished with imprisonment for a term which shall not
be less than 7 years but which may extend to imprisonment for life.
g) When is a wife not entitled to receive maintenance or the interim maintena nce and expenses of
proceedings from her husband under S. 125 of the Criminal Procedure Code ?
Answer : W ife shall be entitled to receive an allowance or the interim maintenance and expenses of 1~
proceeding. as the case may be. from her husband under Section 125 if she is living in adulterv, 0 Lf:
wi thout any suffic ient reason, she refuses to live with her husband, or if they are living separatel.Y.Jl)'.
mutual consent.
...,
& Children· 215. Author-Pro . Prakash K. Mokal
i\hsan. c.1· h. h . .
f 111l1Q . a form of ivorce w ,c cons, . . sm le ronouncem t .
,011c ' .. the . en m one sentence
~I O r that 1s en od between two menstruations wh
I intercourse f sexual intercourse or the exercise:~
d of three tuhrs.
, nder the Immoral Traffic (Prevention) Act 1956.

r.nc bro th el u i of the lmmoral Traffic Prevention Ac; 1956 states _ "B th I ·
ro e me1udes an
1
pc11 . •
I) ace
. or. an ort1on of an ouse
. room convevance or lace w h"1ch 1·s used
ua l01tat1on or abuse for th am of another erson or for the mutual gain of
more
tWO or
. FamilY Court ?
') What 1s amil Co were established to romote conciliation m. and secure the s eedv
J utes relatin e and famil affairs.
Write short notes on Any Four of the following : 20 _

Q,2 :~ects oftbe Pre:..Natal Diagnostic Technique Act, 1994.
a) ~ortant provisions of CEDAW.
1
b) pmnishment for child marriages.
c) .U . fS ,
d) punishment ~~ Abet~ent o ah. .
) Tortious liab1hty agamst unborn child.
; Kinds of guardianship under the Mahomedan Law.
Q. 3 : Solve Any Two of the following problems : - 12.
a) A Muslim woman seeks divorce-from her husband -

i) Can the divorced wife marry another man ? Give reasons for your answer.
Answer: Yes, after the period of lddat (i.e. 4 moths and 10 davs). the di\'orced \\ife can marrv
another man.
ii) When can the divorced wife marry her own husband ? Give reasons for your answer.
Answer : After the period of lddat, the divorced woman has to marrv another man and that
another man has to divorce her and thereafter, after the observance of lddat. she can rnarrv her
own husband.
b} Amit, a Hindu, married Payal, a Hindu girl, under Hindu rites. After eight years of
marriage, Amit told his wife Payal that he did not want to live with her, hence, they should
be divorced under mutual consent, as Amit wanted to marry one Vidya. Amit also embraced
Islam for the same and obtained a certificate of conversion to Islam from Qazi.
i) What is the nature of offence committed and state the punishment for the same.
Answer : The nature of offence is to get consent bv force and against her (Paval) will. which a
criminal offence.
ii) Under which Section of the I.P.C. is the offence and the punishment committed ? .
Answer : Under Section 94 IPC (i.e. act to which a person is compelled by threats to _!:_ive his/her
~nsent) and Section 494 lPC (i.e. many ing again during the life time of husband or wite).
111
) Write the judgement and the name of the case law. . 1
A_~sw~r : Bandansa Rowther v/s. Fatima bai. ?6 tvlLJ 260 _lt was held that a~ a~o5 ia~et:~~~
!:!.m_ctu,sm is not absolved from all civil obligat ions and the matnmomal bond remains m exis ·
216. Author - Pro />
W mert & Chi/drcn · · r(lk(l,\•', ,.
Lt1H' Relatin to O " "· ,,,
• • fire months prrgn:inf workinj.! for 1:isr %,1.
femak emplorre Nams 1
,s . , lwo ~
C) A ~ thr samermploHr. .'l'11r.\ f,.
establishment or . , b fit ·N:nina claim from hrr rmplo~'l' r '! ·• 'hr
.1) \\'h8t I(ind of matern1n· "'rr'd
ene with thl' ri hi ot. matcm11 . ' IlCnl'f-11 as lc-r nil, .
A . . Naina can be C(llllt l
, nsuer •
r I .
, , ,f thl' an-ra 'l' d:ul\' w:1 •e or t 1r 1cnod or h~
. - l:S of 11 11
1£ n ,,.
matemi1v bendi1 al 11, 1 rotl c . . ,It rua1 at'""~.
1 ll1e111
home durin1' thl' d11ld birth . • st•ril'c <1/
confi nemen I :i I . h plon-r ., ~~
.. Whrn should ~aina oin• notiC'e to er rm . . .
u) . _ Id \ ., notice 10 her l'm llowr bdorc confinement child t)· . 1
·Answrr b ~1'-·
. •· Nama 1ou 1 1 l
·ork not earlier 1h:111 (i ,reeks firom 11cr ex 1ectcd cfate of'1111 1. firo,11 lh
she mil be a sent m m" 1 <cl1ve Cda1
iii) What shall be the pro('edurc adopted by the emp 1oyer to determine maternity ~ t
case of .\aina ? . N. . cner,, i~
A . . The em lowr will detenmnc from the d3, a1113 1s absen1 from wo1·k
. ns\\ er . . . . . f , on
mi~· The :in~r:we da,h· wage wh1ch Is the a, era 11e o t 11e woman s waizes nccounr
ma1e . . . d f ... I d . . . Ja ab! r of
thedavs on which she h:is worked dunn . the lcrJO o fJ ca en .ai months . immed·iatel c> ,or her
the d:ite frnm which she absents herselt on account o matem11 the mrnimum reccdio, j
foed or re,ised under the Minimwn Wages Act. 1948 or IO rnpees, whichever is hi-= of Wa / ~
Q . 4 : Attempt .\nr Four essn tvpe questions :
s) Discuss in detail the functions offamiJy Court. ---...::J!
b) Writr in detail the offences relating to marriage under the Indian Penal Cod 1
· b d e, 860 1 •
respect to women under the follomng ea s : vu~
ii) Bigam~· - Section 494.
iii) Adulrei:· - Section 497.
c) Discuss the Constitutional provisions for the benefit of the women and explain h 1.
safeguards the interests and rights of women. ow 1
d) Discuss the welfare and safety of women under the Factories Act, 1982.
e) Discuss the main objects of the Juvenile Justice (Care and Protection of Child )
~ m~
f) [ rplain nith case law -
i) SexuaJ harassment at workplace. ii) Right to Education.
[18]
[May, 2013 (03/5/13)]
Time : 3 Hours Marks: 100,
U'itli So{utions
Q. 1 : Attempt the following in not more than Two sentences each : j
a) Define 'c~ild' under the Child Marriage Act 1929
Answer ·· Child means. a person who ifa I h ' · . 1 has nol
completed 18 years of [S . · ma e. as not completed 21 vears of aoc. and if fer~
= =-===....!...!!..x_~~ruag~e.J-~ec:!!t1moni.;2?J([!al11L. -
I
1
f!,_ll!..
1.!!.
'o!.!
11!..!
t,~•1~
1 .:;.;
&::.....- '/J___;_
( .... l,_
l r_r_11_.____-!!.l.!..l7!...:·~---d.!!~'!!.:.:_f_!!!J.i.J!.!!!.l~fLl~t.!!lJ
10
1J.
✓luthor - Prr, p k
I (1''' ll rf11tl/l • ra a.,J, K. 'l;fn
. ,,le Foeticid e. ~
111
l)rn 1u' 1•<' ·,, r(1cl icidc is dclinccl a<; ahorting a femal e fo t 5 ft
11) . I:c111:1 c . 'JI - ~ u a er 'i!i!'{ detcrm
,,rr . . 1 • ,1 which 1111.: lut c'i 1 1 , lra 'lon,,grap_hJ· 2J Fr ~----= 1nat1o n h:·H 2L.£r··-
''"s1
,.,1:1 (
li:11.\nn:-.IIC c:- ..
. i cc111c11:; 1<,.
J - Jcrr;-3cCJp•1. J > Placen1.al l1')5 1Je ;;-m-.\m:,.
c..=
I' 4\ 6.!1..Jlll.i, .,;...---
•111(1Y • .
· , tcnancc' unde
, , 11 ,11111 . r th e Hrndu
Adoption
. , and mainton.. ance ct, 195,,
£.
Maintenance 1nclude5 i 1 11 ~
n c f111 c . . . 1 1 b o f the /\ ct !-.~tic~
c) • Seel 10 1 • . I 1· I n a cases o·rnr,100 fo f r.
, 11 s,\'l'r · · . . ·c cducal 1oru _1_ill mcc~<!_attendance and trcatrn"'n . jj J h r r,, ,_
I • .
·ll11htll ~
rcsl(1~ r ,I ' 'd ~ ' . In l e c:ise of UD •mmMn d
, c reasonable ex cnscs o anu mc1 ental to her marr·1., J " , e
l . •tlSO 1 l , •~-"'
cf:111 ,h(Cl ' .
· .. 1 • ob·1ectivc of the Family Courts Act, 1984?
\lhUI IS t JC ' . ·1 C .
cl)
er : 1 .1 ob·ccti vc
JC ,
or
the Fam,
·11· I
ourt Act 1984 15 to establish Fam,I· C
. I . .
_"
' o •.rrh ,or a (O';I.TI o r c ~:
'
1,nsWc 1u1,,1 1ion exceeds one. m1 10n. •t 1s a so. rov1ded that State Govemrn . . _ .
10 . . " en•. r-a, a 1so :.-ei •J- FJm:i-.
,,•hos
. ts 101
{'. . otlicr areas . .Section 3 - 1 matri• monial . relief:. ii the oro en-·' di ',,.
·-···=
,> 0
f ,.:· ··~"'5; .111..
Cour · . , s to the le ,11mac of an crson: 1v uardiansh1 : v maintenance
Ji,;clarnllOll a . .
What is Protective J:Iomc ? '

c)nswer : A home established _b a State Gove~ment or bv a\ olunmr,, Ornanizanon :i:-c ce.t1:-:~c! -·. tr.ar
A G ernment as a Protective Home for Children.
---
State ov
N me two types of industri es where a 'child' is prohibited to work.
f) vaer .• A child is -prohibited to work '-' here there is a dan!:!er to his life. i.e. ,1. orkin"
A,nS\ · - 1...
•• ,;,"" ,.,-,,-.,
.,, _ "· ~., 3 ,.-.:_
wdCigar factories, etc.
g) Define 'Talak-ul:bidd~t', . _
Answer : Talag-ul-b1ddat 1s a pronouncement of talag tn a Stn!:!le ruhr and 1s irr~\ oc3· ~~ •:: :-.a:u:-e b
Talaq-ul-biddat or talag-ul-bain. the talag or divorce takes effect fonh,\ 1th or imm"-<l!.H;:h .
h) Define 'Delinquent Child' under the Childrens .-\ct, 1960.

Answer: Juvenile delinquent is a child who has commi ned an oft~nce anJ 1s under I<' ,~;; oi J.Ze.
i) Define 'Brothel' under the Immoral Traffic (Prevention) .-\ct. 1956.

Answer: Section 2 (a) (i) of the 1mmoral Traffic (Prevention) :\ct. 1956 gi,es the 1.kfrnitioo vc'brothd :is
- Brothel includes any house. room. convevance or pl:::ice or am· portion of an,· house. room. coo\'evance
or place which is used for the purpose of sexual exploita tion or abuse for the ~:iin of another oers,m or for
the mutual gain of two or more prostitutes.
j) Define 'Streedhan ' .

An~wer : Streedhan is belongin gs of the married women Iincluding hN d0thes :.mJ um;.imenrs) .in, time
dunng her lifetime including the duration of her marria,,e. whether she st~\\N with her husbJnd or noc.
S!reedhan is - 1 Brou I ht b her from her arcnts )lace ~l) the.· in-b\\'S and the matrimonial home which
mall include the gifis directly given to the in-laws and other relatives L>f her htl$banJ: 2) GirkJ to her bv
~~isb~nd and his famil y during the marriat2e (induding at the rites anti riru:ils): J) Gifted to herb\'
in~~rs ~nc ncts or _rclatives ell.:. an time in her lifrtime: -' Brou!!ht 0r nu~h:1s~J b_v her L"r anvbudv else
-,&!" J1c1me an y lune duri ng her lifetime. including bd'tm:. during an<l :\tkr her m :llTI3 g,e.
Q. 2 : Write sh t = 20.
- or notes on Anv Four of tht• folio" in:.:. :
·,) J d" .
' u •c1:1J ScparaC'ion (Fa rqat).
. •Lfl'1!f.!!.;.-
& C'1_i/dren • - - - 2 ~1~8c:.·-
:. - - ----A_u_r.h.
. ;_.;.;,.nr.:. ._- -.!P
!...:r~,!1.'::._.J:.P ' \)
Law Re/arino to JI omen
. stion of Pregnancy Acc.
f llf dical Term1n
b) Objects o ' e1
h Muslim Personal L:1w.
c) Guardianship undrr c e .
d) Ju,·enile Justice Board.
. f familr Court.
e) Funcnons O • • • f Down· Prohibirion Act.
f) Aims and ObJect1ws o .
. -n. . f the follo"ino roblems :
Q. 3 : Soln Am • ,, o 0
. ts a child with the consent of his wife B.
a) A Hindu male ad~p d . . the adoptin father or mother of the power to d '
i) Can such adopnoo epn,_e b . \\1·11 ? •sposc of hi .
. br rransfer inter ,·n ·os or ) I • . s or h~r
propert) · . 1 d tion will not de 1riYe the Jower to dis ose of ro er b fatl .
Answer . 'o ~uc i a o . b i I d . 1e1 or n
· · rtY be w.stc.>d in the adopted child e ore t 1e a optaon, shall co t· lothcr
ii) Can any propc . n •nuc to ·
such person ? h' ld b fi d . Vcst1n
_ • N• ,, ro ertY ,·ested in ado ted c t e ore a o hon will not
Aos\\er . o. an · b ·u1 .·
rransferred 10 him bv Wi ll. !rift. ere. but shall contmue y t 1e1ttance.
iii) Can the adoption be cancelled ? \\'by ? . . .
, . N• the ado tion shall not be cancelled m this case. as the Hmdu male ad
Ans\\ er . o. . . o ts the ch·
with the consent oflus wife. lid
b) Lalitha, a three year old girl married to Ramesh, a four ye:r old boy by their parents.
i) Ha\'e the parents of the chiJd.ren committed any ~ffence . _If yes, the~ under which Act?
Answer : Child marriage is prohibited under the Indian Law 1.e. the Child Marriage Res ~
1929.
ii) \Vhat is the punishment fo.r the above offence ?
Answer : The punishment is Simple Imprisonment which may extend to three months and shall also
be liable to fine. -
iii) Is there any International Convention that prohibits child marriage ?
Answer : No. there is no International Convention, but a societal belief is there.
c) In a sudden raid by the Police at a Brothel, they found many young ladies along with a minor
girl aged 10 years.
i) Are all the ladies liable to be punished ? If yes, then under which Act ?
Answer : The head of the Brothel will be booked for keeping m inor girls in the brothel. The Senior
lady living on the earnings of the girls is punishable under Section 4 of the Immoral Traffic
(Prevention) AcL 1956. The ladies will not be punished as the Act lays down no punishment for,fil
workers. They can be rehabilitated by purring them in a Corrective H ome. However. they can~
pu~ished under the Indian Penal Code for crimes, such as, offence of Public Indecency or Pu.!ilif
Nmsance.
ii} Whetber the minor girl aged 10 years shall also be liable for punishment ? If not, th en whaf
is the alternative ?
~-nswer : The mjnor _girl shall not be liable. and can be sent to a Protection Home. unisbed
m) Wheth er the senior lady living on the earnings from th e Brothel is also liable to be p
? If yes, or no, state reasons for the same. . 4 of
Answer ·· Yes· the Semor · on the earnings of the Brothe l is puni shab Ie as P~
· JadY 11·vmg c. i.~.
th 5301
e ~ oral Traffic (Prevention) Act. 1956. The Act Jays down punishment for~
Im nsonment for a term wh· h d to Rs.
tc ma ' extend to 2 vears or with fine which ma exten
& Children, 219. Author - P - -
1
(l (ift , tn U!~ ~='-'-- - - --=~- - -~'!ll!J~:.f.!.rQJ.o Prakaih K. If L
, l ,
l lat • to ros1t·tut1·on of ach·1d h okal
l ~11· Rf ·
. f the earn in ,s re c
, . I 1w1I\. ;\l'iO ' d t th I<)
. ,1,.,111.7, vccars an no more an Years
' I • t e unishment 1·-> rm
fl5Clnm'!nt frir
. ~, ,1l t less t~ -~
or 11 ofn~
1cn ~ . t' f
:1 ~ n Four es_sa t '~ cues io~s ro~ the .follow-in :
c111 it A ain objects of The .Jvemle ,Justice (Care & Prot 1· = 48
.,,1 f · them . h'ld
O·J . 01scuss c rotection given to c ' ren under the Child Labo
ec,onofChitd ) .
ren_r\ct, 20Qo.
11) piscuss . th AP t 986 with respect to - ur (Prohibition and
b) I tion) .,.~c ' 1
f{cgu a rohibition of employment.
i) fotal P ·t who can amend the Schedule.
ii) J\u th0 nt7 n of conditions of work.
R gula 10
iii) _c bility of the employer. .
iv) L1~ 'th case laws the following -
. lain w1 k I
c) F) P H rassment at wor p ace.
') sexual a .
~- . ht to Education. .
11) Rig h welfare and safety of women m the Factories Act 1982
·scuss t e . • , . ' ·
d) D1 d Constitution of India saieguard the mterest and rioht of l\Om., ? 0 .
t1ow oes . t, .. n . iscuss
e) 0 • • with case law under the foUowmg headlines -
rov1s1ons
~,) Under the Preamble. .
")
II
Right to Equality.
••
iii) Special prov1s1on_. p . .
. Under the Directive nnc1p1es.
O ~~scuss in detail the Divorce of \\'omen under the Muslim Law.
[19]
[December, 2013 (05/12/13)]
Time : 3 Hours :\ larks : l 00.
With So{utions
Q. t : Attempt in not more than Two sentences each : = 20.
a) What is Family Court ?

~nswer : The fani ily Courts were enacted to promolc conciliation in. and se~urc chc specdv se11iemenr of
~ utes relating to marriage and family affairs.
~ What is the punishment prescribed for Dowry Death ?

~
be les -· Whoever conurnts
· dO\\ rv death shall be punished
. · a 1enn ,,.h.1ch sha11 nor
" i1h imprisonment tor
~ seven vears but wI11c · I1 mav extend to 1mnnsonme111
· · · 1·111!.
tor •
t) What are th . .
Answe • e essential ot luta larriaoe '!
r · A of
the duration Muta Marr~a
II
· e 1·s a tixed
- "'
term marriage, °
· rct u1·res bo1h. the s w··fitcauon
which co be valid · f
ie inamaue. and the a\ 111e 111 of a lixe<l sum as dower or mahr.
d) \Vh •
at is Khul
a and Mul>araat '!
Law Relating to Women & Children . 220. Author - Prof. Prakash K. Mok!!!:_
Answer : K.hula means. a divorce by the wife with the consent of her husband on payment of somethi
to her by way of compensation. ln Mubaarat both the parties are equally willing to dissolve the marn~
e) Define Sati.
Answer : Sati is a traditional practice of widow immolation. Sati is an awesome practice of lndia
womanhood. canying both, the association of a barbaric society, and of the mystique of the Hindu wo;;
who 'voluntarily ' and 'cheerfully' mount the pyre of her husband. -
t) Define Talaq Hasan.

Answer : Talag hasan is a form of divorce which consists of a single pronouncement in one sentence
made during the wife's tuhr, that is the period of purity or the period between two menstruations wh~
there is no bar to conjugal intercourse fo llowed by abstinence of sexual intercourse or the exercise ;;t-
conjugal rights for a period of three tuhrs.
g) Define C ruelty under Section 498A of the IPC.

Answer : Whoever. bein g the husband or the relative of the husband of a woman, subjects such woman to
cruelty, shall be punishable with imprisonment for a term which may extend to three years and shall also
be liable to fine .
h) Define Bigamy.
Answer : Bigamy is the offence of willfully and knowinglv having more than one wife or husband at the
same time or the offence of will fully and knowingly entering into a second marriage while validly married
to another individual, is called Bigamy.
i) State the 01·der which cannot be passed against a Juvenile.

Answer : The orders which cannot be passed against Juvenile are - No Juvenile in conflict with law shall
be sentenced to death or imprisonment for any term which may extend to imprisonment for life, or
committed to p1ison in default of payment of fine or in default of furnishing security.
j) Define Streedhan.
Answer : Streedhan is belongings of the married women (including her clothes and ornaments) any time
during her lifetime including the duration of her marriage, wh ether she stayed with her husband or not.
Streedhan is l) Brought by h er from her parents p lace to the in-laws and the matrimonial home (whi.£!1
shall include the gifts directly given to the in-laws and other relatives of her husband; 2) Gifted to her bY.
her husband and his family during the marriage (including at the rites and rituals); 3) Gifted to her .YY
others (friends or relatives, etc.), any time in her lifetime; 4) Brought or purchased by her or anybody efil
in her name any time during her lifetime, including before, during and after her marriage.
:::: 1.0.
a) Restraint on Child Marriage.
---
b) Need for U niform Civil Code.
c) Protection to _Women under the Factories Act, 1948 and Mines Act, 1952.
d) Objects of the Prenatal Diagnostics Act, 1994.
e) Sexual Harassment of Women at workplace.
t) Maintenance of wife under the Hindu Marriage Act, 1955.
Q. 3 : Solve Anv Two of the following : ft

o /atifl , m H ·o men ,\\ C hiltlrcn. 22 1. A utlwr l'ro . l'rakas /1 K. 1\-loku/.
/,t11•· ,.t
. ,onrnn seeks divorcl' rnnn her h11sbnrut.
~1us11n1 ,, I ?
:tl .., ,. · the di"orced wife m_arry a noC,c~ mnn . Give rensons for your a nswer.
0
i) C:• .. Yes aflc r the 1cnocl nr lddat 1.c. fou r m o.11tl1s nnd lc n day§), Lhc di vorced wi fe can marry
,\ns,,•cr . -
. thcr n1an. ·r h
~ th e divorced w1 c ma rry er own hu sb and '! Give reasons for your answe r
.. w11cn C,l . f dd . r . . .
11) . .• A ller the 1enod o I at 1.c. ,our months a nd ten da s the d1vorccd~ ife can m;\i::rr._ hcr
,\OS'' Cl .
~
..the wife of Sajnn, died at her pate rnal home after te n years o f marria~e. Once ju,t
3
h) sank •h r death she came to her father's house. Evidence on record proved that -,h e wa 5
bcf~re de to crue~t,., and harass ment for constant demand of new flat before she came to her
p~Kre J '
atcrnal home. . .
~ Sarika died at her paternal ho~e, can this be a pomt of defence to her husband Saj an ?
t) . . No this cannot be a pomt of defence to her husband as there was evidence on record of
Anill-er . ,
crueltv. "' .
ttWh3t is the nature of the of1ence com_m1tted h~re ?_ .
~swer: The nature of the offence committed here 1s cnmmal offence of demanding dowry.
t wer the following problems with reasons -

r) ,..ns ki · f f
i) Sarita, a pregnant wo~an wor ng •~ a actory or the ~ast _one y_ear, loses her child due to
accident at home. What 1s the matermty benefit that Santa 1s entitled under the '.\-laternity
Benefits Act, 1961 ?
Answer : Sarita is entitled to leave with wages for a period of s ix weeks under Section 9 of the:
Maternity Benefits Act.
ii) Anita bad made three complaints to Police that her husband and mother-in-law we re
demanding money from her father. Anita died due to severe burns within a year of her
marriage. State the offence committed and w hat kind of action can be taken agafas t .-\nita 's
mother-in-law ?
Answer : it a Dowry Death u nder Section 304B of the IPC, as Anita had died within d. \ear of
marriage. Punishment is 7 to 10 years.
Q. 4 : Answer Any Four of t h e following : = ~8.

a) Discuss the protectio n given to children under the C hild L a b ou r (Protection aod
~egulatio n) Act, 1986 with respect to -
~? Total prohibition o f em ploy m ent.
11
) Authority who can a m end the Sch edule.
!ii) Rgu lations of conditions of work.
'") Liability of the employer.
h) Write in detail t h e o ffences relating to m a rriage under the ludinn pt'1111J Code. l 8o0 "ir h
~es~ect to women und er th e following heads -
::,~~habitation by dece itful me ans - S.493 of the I PC .
iii •gamy S . 494 of the J P C .
!
t·J 0 Adulter y S . 497 of th e I P C
d) o:~~u1,1, !he right to payment ~f M atcrnit y Be ne tit under tin· lult'rnit) btul'lits ·\ct. 1l)o l.
. . •n detail th e 1·unclwn
tJ OiseU!li. • ,m•·1y ( ' our·t .
· s of· the l•~ . .
11
~itfe:i: r~h_e co~stitutional prov isions for thl' L,cncfit of lhl' \Hllll 1111 1111d ~'\l)hlln ho,,
fJ Oi"cul) , lhs th e inte rests and rights o f wo m e n .
" c H ealth ~rnd S afe ty o f Wom e n unde r thl· Fudo rh.•s /\d, l tJ-Ht
Law Relati11 to Wome11 & Children . 222.
[20]
[May, 2014 (29/5/14)]
Time : 3 Hours
'Witn Sofutions
Q. 1 : Attempt in not more than Two sentences each :
a) When can a married Hindu adopt a child ?

Answer : He can ado t a chi ld with the consent of his wife. lf he wants to ado t a son ~h h
·
have a Hmdu son. son' s son or son' s son ' s son 11vmg
· · at th e time
· o f ado tiorr If he waent e must not
dau hter. then he must not have a Hindu dau2hter. or son's dau hter liv ino at the time ~
also also he must be at least 21 years older than the daughter to be adopted.
0
:d~o
~dot a
ti.on. So
b) Define women's estate.

Answer : The term 'woman's estate' in its largest connotation means, all property which has co
woman b an means and from an source whatsoever. and mcludes . both ro e me to a
in which shh
absolute interest (streedhan) and property in which she has limited or qualified interest. e as
c) What is "in camera proceeding" ?

Answer : In camera proceeding is held in private, when the court proceedings are held in private chamber
of a Judge or when it is held in court ball after excluding all spectators, the proceedings are said to be held
in camera.
d) What is Maternity Benefit ?

Answer : Maternity benefit to which every woman shall be entitled to, and her employer shall be liable
for the payment of maternity benefit at the rate of the average daily wage for the period of her actual
absence, that is to say, the period immediately preceding the day of her delive1y, for the ac!11al day of her
delivery, the period immediately followed that day is said to be maternity benefit.
e) Define 'delinquent child' under the Children Act, 1960.

Answer : Juvenile delinquent is a child who has committed an offence and is under 16 years of a~
f) What is the punishment prescribed for dowry death ? . h hall not

Answer : Whoever commits dowry death shall be punished with imprisonment for a term whic ~
be less than seven years but which may extend to imprisonment for life.
g) Define 'Talaq-ul-biddat'. I ~
Answer : Talag-ul-biddat is a pronouncement of talag in a single tuhr and 1s · 1rre_v
· ocab e in
Talaq-ul-biddat or talaq-ul-bain, the talag or divorce takes effect forthwith or immediately,_
h) State any two functions of the Human Rights Commission.

Answer: The Commission shall perform all or any of the foll owing functions, namely -
. ,en & Children • 223. A 11thor - Pro . Prakash K. MokaL
. ,hts or abetment thereof or ii ne Ii ence in the revention of s uch violation. b a
I ' •
~
. ocfinc o~wrY• f the Dow• · · · n _Ac~ 19 ble securi tv
,) •ven
I
e ith rectl .
. e, or b v the
· a marri erso mamage o r to an ther ersoa .
10
e after t nection with of the said · , but does not
hr in the case of ersons to whom the Muslim Personal Law Sharia lies.
inclu e
th requirements of .a valid marriage under the Muslim Lal'I· ?
j) What_a~ e 1 or offer i'ab and acce bul : ii The arties should have the
1
: or to be married marriage through ~ardians : iii There should be no
t
.
~ une nts in the way o mamage .
d'
2 . Write short notes on Any Four of the following : = 20.

Q. ·a) Reservation of seats for women in Panchayat.
b) Important provisions of CEDAW.
c) Punishment for abetment of Sati.
d) Minor's agreement.
e) Aims and Objectives of the Dowry Prohibition Act.
f) Objects of the Medical Termination of Pregnancy Act.
Q. 3 : Solve Any Two of the following problems : = 12.

a) On a sudden raid by the police at a Brothel they found man)· young ladies alonrith a minor
girl aged ten years.
i) Are all the ladies to be punished ? If yes, under which Act ?
Answer : The head of the Brothel will be booked for keeping minor 2irls in che brmhd . T he
Senior lady living on the earnings of the girls is punishable under Section ➔ of the Immoral T raffic
(Prevention) Act, 1956. The ladies will not be punished as the Act lavs down no ounishrneot for
sex wo~kers. They can be rehabilitated by putting them in a Correcti\'e Horne. However, thev can
be punished under the Indian Penal Code for crimes, such as. o ffence of Pubtic lnd~em:v or
Public N uisance.
ii) W~ether the minor girl aged ten years shall also be liable to punishment ·? If not. then
What 1s alternative ?
~.nswer : The minor girl shall not be liable, and can be sent to a Protecrioo Ho me.
ni) ~hether the senior lady living in on the earninos from the Brothel is also liable to be
punished ? 1r "'
A · ys, or no, state reasons for the same.
-rs;er : Y es, the Senio r lady living on the earnings of the Brothel is punishable as per Section 4
f--
t ~ lnunora\ Traffic (Prevention) Act, 1956. The Act lavs down punishment for the same, i.e.
~~~~~ment ~or a term whi~h may ex~end to 2 vears, or. wi_th fin~ whi~h mav ext~nd to R~.
i . , o r with both. Also ,f the earnmgs relate co pros t1ni11on o t a child, the pumshmenc ,s
m nsonment for a term of no t less than 7 vears and not 1nore than l O \ ears.
b) AH" nd
• u •nale adopts a child with consent of his wife B.
•
22 ... Aut/ror - Pr,} p
. Women (t C/11·tdren • • raka ·/
.~, I(, A10
Law Re/arm to k11t
. h adopth·c father or mother of the power t . ,
. n depn,·c t c • . ·11 ') o d1spn.
i) Can such adoptio f ·ntcr ,·iYOS or hy w1 • St' orLi
. er.11l 01 de ri\"c the ower to d.1s 1osc o f 1ro )Crt b "
her own proper t), bv. trans ••·~ ot
l ado111on w1 n . db f t , •athcr
Answer: No. sue' d . the adopted ch1l c ore t l l' adoption shall or 1110 l
I "
..) Can an,· property be \'cstc l 0
.
in such person ?
i , ro ert\ , cs ~
1
•
, t·d in ado 1ted child before ado )tion will not

Answer : No. an, .. ·r tc but ._hall continue b ' 111 1entance.
transferred to him b . \\ ill. g1 l. I~ d,., ":hY 'l
. I .
continul.' I I 1c,.
vest
tln\css •
• ll i\
0~11
... d rion becancc e · • · . . .

m) Can the a op . all not be cancelled m this case as the Hmdu male . d
Answer : No. the ad? n~n s11 c cl o ts the ch·
with the consent of his wife. tld
. . d Pri\'a a Hindu. under Hindu rites. After eight yea rs of .
AJ.it a Hmdu 1 marne . , . .h h marr,ag
c) • . ·-·r p . , that he did not want to hve wit er , hence, they should b , c, Ajit
told his "' e n~a ent as f\J.it wanted to marry p rerana. A"' Jtt a 1so embraced I l e divorced
under mutuaI cons · f Q . s am ro
• d a certificate of con\•ersion to Islam rom az1. r the
same and obtame · ? •
i) What is the nature of the offence committed . State the pumsh~ent for the same,
i\n . . The nature of the offence is to !!et the consent b force Without Pri a's will h' .
. S\\er ' w !Ch IS 1
criminal offence. . .
ii) Under which Section oflPC i~ the offence _committed ~nd punishment prescribed ?
Answer : Under Section 94 rP~ (1.e. act_to wh1~h: p~rso~ I~ -~o~pelle~ hby threats to give his/lier
consent) and Secrion 494 \PC (1.e. manymg a2am urmg t 1e I e time o usband or wif e l
iii) Write the Judgement and the name of the case law.
Answer : Bandansa Rowtl1er v/s. Fatima bai. 26 MU 260 - It was held that an apostate &
Hinduism is not absolved from all civil obligations and the matrimonial bond remains in existe-:.
Q. 4 : Anempt Anv Four essav tvpe questions from the following : =48.
a) Describe fully the objects of "The Juvenile Justice (Care a nd Protection of Children) Act,
2000. ·
b) Discuss in detail the status of women in pre-independent India and trace some of the
hi.storical events, which led to the impron ment of their status.
c) Ei plain with case law -
i) Sexual Harassment at work place. \
L
d) Explain the main provisions of "The Pre-Natal Diagnostic Techniques (ReguJation and \
Pre\'ention of Misuse) Act, 1994. \
e) Di~cuss in detail the divorce of women under the Muslim Law.
{) Dsicuss in detail ' Adultery' under Section 497 of the Indian Penal Code.
A [21]
I [November, 2014 (26/11/14)} I
Time : 3 Hours Marks : 1~ \
I ::;;..-
I
'Witli So{utions
l.....
l ..._
.4.nswc . d in consideration of mama e.
the husban
. A ticles 23 and 24 of the Indian Constitution pro~ide for ?
d) Wha~ d1~c1:s 23 and 24 of the Cons titu_tion o f lndi~ lav dov,11 the ro\ision.s for ri_i':r ..1>?..:in..)t
Ans,~er: Article 23 - Prohibition of traffic m human bem2s and forced labour. Article 2-.J ~,;,, ,·'1ilJ
h on. e of 14 ears shall be em 1o e d to work ·in an v f:actor; or mine
-exolo1tat1 · or en£aoed in ilfl', ;,t;!r
01
below t ea
ill!.Zardous employment.
e) Why was FamjJy Court enacted ? .. . . .
Answer: The famil y Courts were enacted to promote conc11Ja t1on m. and secure the s:i~Jv serrkmem 01
disputes relating to marriage and fam ily affairs.
f) Name any two functions of the National Commission for \Vomen.

Answer : 1) investi gate and examine all matters relatin g to the safr!!uards provided for women under th~
Constitution and other laws; 2) present to the Central Government. annua llv and at such oilier rime:. as the
Commission may d eed fit, reports upon the working of those sa f~!luards.
g) What is the difference between Dowry and Streedhan ?

Answer : "Dowty" is demanded by the hus band, ln-laws. etc. It is prohibited unJer the OO\\ n
Prohibition Act; but Streedhan is g iven -to the wite bv love and affection or other ores~nts made w ha.
~treedhan is the womans property of which s he is t he absol ute 0\\11er and has p O\\ er ll.l i?i\'t'.'. ·di or use
independently w ithout her hus b and's consent.
h) Define Observation Home.
Answer: Und s • 2 ( . . . .
b aS er ectio n o) o f the Ju venile Justice Acc. Observatwn Home means :1 home c."51:tblisheJ
Sectio0t~te Government or b a volunta oro:rnization and catilieJ bv 1hat Srace G0vernmenc unJer
- as an observation home for the juveniles in con llict with law.
i) Defin e Zihar.
Answer : Zih· . . . .
· ·1at1o
h1.s wife to his ar mectns 1n u1·1ou s ass 1m1 · n o r com anson.
· · l•om1 l)I· J 1\'l)rl·t.'.
In cl11s . h us b:tnl J (Om ):lfes
th
.) mo er or an other fema le within rohib ited dc••rees l)f rdacionshi .
J What is o .
Aoswe . . Olllcstic Violence •)
r · It 1s a I1 · •
s ical torture of a male or frmak member of the fi1111ih bv o cher famih members.
I Law Relating to n·omen & C/rildrcn. 226. A11thor - Pro(• J>ra'·"'I,\' I I(
1
Q. 2 : Write short notes on An\' Four of tht' followin : ~"'·
a) Status of children in India.
b) Reoulations and Pre-conditions to use and conduct Prc--n:1tal dingnostic tccti, .
~ 11 lJucs
c) Distinction between Adultery and Rape. ··
d) Tortuous liabilil)· against unborn child.
e) Kinds of Guardianship undl'r th(' Mahommrdan Law.
f) Sexual harassrnl'nt of women at work place.
Q. 3 : Solve .-\nr Two of the following Problems :

~
a) i) Kavira. a pregnant woman working in a factory for past one year, loses her child duet . . ·
at home. What is the ~laternity Benefit that Kavita is entitled under the Maternityo c1ccidcn1
:\ct ? Benefit
Answer: Under Section 9 of the Matemi ' Benefits Act Kavita is entitled to leave with
a period of 6 weeks. wa es for
ii) Rachana had made three complaints to the Police that her husband and mother-in-I
dem~ding money from her father. Rachana di~s due to_ several burns within a yea:::ere
mamage. State the offence committed. What kind of action can be taken against Rachanh~r
mother-in-law ? as
Answer : Offenc~ of Dowry Death under ~ection 304B of th~ I.P.C. ?s ~achana has died within a
vear of her mamal!'e. Rachana's mother-m-law can be purushed with imprisonment of:;--:;::-.
. ~
wh.1ch mav extend to IO vears. -
b) A Muslim married woman falls in love with other Muslim male and wants to marry him.
i) Can a Muslim woman marry the other Muslim male during the subsistence of her earlier
marriage ? Lf yes, or no, state the reason for the same.
Answer : No. she cannot marry unless she takes divorce from her husband.
ii) Cao a Muslim married woman marry the other Muslim male after taking divorce from
her first husband ? If yes, then when ?
Answer : Yes. provided that she observes Iddat, and after the completion of lddat period only she
can marrv another man.
c) Preeti, a girl aged 18, is abducted by a 26 year old man in the intention of getting married.
i) What is the nature of the offence committed ? State the
punishment for the same.
Answer: The offence is of kidnapping from lawful guardianship if the girl below 18 years [S. 361
lPCl. and punishment is imprisonment upto 7 years (S. 363 IPC). .
ii) Under which Section of the IPC is the offence committed and the punishment prescribed?
Answer : Offence : Kidnapping from lawful guardianship Section 361; Punishment: Section
363.
iii) Define the crime applicable under IPC in the above matter.
Answer : "\Vhoever i) takes or entices ii) any minor under 16 years of age if a male. or under fl 18
years of age if a female, or any person of unsound mind, iii) out of the keeping of t_he !aw~
guardian of such minor or person of unsound mrn . d I\'
. ) wit. hout Ihe consent of such guardian
' is g!.._
to kidnap such minor or person from lawful guardianship".
Q. 4 : Attempt Any Four essay type guestions from the following :

& Children· 227.
l•liiJtttt!II Author - Pro • Prak
•11 , / fl • a."ih K. ,'rfol<al.
Jltf,d' ·•itution of India safeguard intere~t: · d .
1
f,•ll' ' C on-~• h , II . <t an riv,t, '>f .
11ot" c1ocs with . ,nsc laws under t c ,,, owing headinos.
c... .,. . .,..omen ? Di,cu5 "
,
;1) ." visions the p,-camble;
I'' .) l)11cfcr . lity•
1 •
1 t to J~q ua ,
ii) Rrg I ·al provisions;
iii) Speer h Directive Principles.
;v) under t C
. t to payment of 1W aternity Benefit under the Maternity Benerrt ~

. the ng11 "'ct, 1961.
0isctJSS .
Ii) . the function s of Family Court.
ss in d eta11
p;scu .
c) . d e tail the welfare and safety of women m the factories ..\ct. 19~8.
Discuss ,n
d) • the important provisions of the Dowry Prohibition..\~ 1961.
ss in d e ta1 1
c) p;scu
. . the provisions of Maintenance of nife and children under the Hindu
. ,n deta1 1 ,..
f) p;scus_s d Maintenance Act, 19:, 6•
Adoptrons an
[22]
-- [May, 2015 (11/5/15))
.\larks : 100.
Time : 3 Hours
- With So[utions
Q.1 : Attempt in oof more than Two sentences each : = 20.
a) Why was the Family Court Act enacted ?
Answer : The Famil y Court Act, 1984 was enacted to promote conciliation rn. and secure speedv
settlement of disputes relating to marriage and fam il v affairs.
b) Define Talaq-ul-biddat.
Answer : Talag-ul-b iddat is a pronouncement of tabg in a single ruhr and is irrevocable in nature. Ln
Talag-ul-biddar or talag-ul-bain , the talaq or divorce cakes e ffect fonhw irh or immediatel v.
r) Define female foeticide.

~s.,~er: Two months or intra-uterine life of the embryo of n is calkd :is foc!rns and its killing is called
~ticide. And killing of the temale foetus is called fema le foc! ricidc.
d) What· p
Answer •Ais rotective Home ·>
I1 ·
• ome esrabli5 Il e d . b n State Govemmt!nt o rb) a \ .olurH:1n Orgamzarion
StateGovernrnem . . nnd certified
. - bv that
as a Protecti ve Home for C hildren.
e) O r
e tne ' child ' under th~ C l ·rd
c II M:1rriage Res tra int Ac t, J 929.
-
law Relatin° to Women & Cltildrcn . 228. Illfh t1 r - 1•r11 : l•rnkn,,J, 11: M ,.
' Otin/,
Answer : Child means, a pen-on whL', ifo male, ha:; not Cl'm ,k tcd ~ U l'ars or age and if' fcinnlc
completed IS , ·t-..·11-s 0f agr. [Sl'l'til,n 2 (a)j. 1
' lil\ nc
f) Define thl' term ~ atural Guardian.

Answer : ·a1ural ,•uardian (1f a Hindu minN i in r:lse of bo\' 0r :rn unmarried •irl - The father ,1
1
him. the nwther. r(\\-idrd that. thl' custi.,dr of minor who has not com ,kted the a c or fi ve
1 c;,;~c ~,nc
ordinarilv be \\i th the mother: ii in the case or :rn illc •itim:-itc bor or illc •itimate unmarried ,i Hll t
mol11i:r. ru1d afte r her. the father: iii in the ~-ase of m:micd irl the husband. S. 6 of the ll indu M_r t_h
. . 111or11,
an d (jmard1:msh1p Act, 10:-6j .
g) What is ~ ikah ?
.-\n w,•r : '\ikah amonl!!-t t\tu~lims is a solemn act mitha -c- halid between a man and a wo
. .. . .. . . . . r. f '
soIKllln!c! e:1ch otha . li te compamonsh1p. which m law takes the 1onn o a contract (agud).
man
b) Dl'fia l' Dower or -'lehr.

Ans" er : \ tahr or dower is a sum of mone, or other property which the wife is entitled to receive fro
the husband in consideration of marria2e. -!I
i) What is the punishment prescribed for Dowry Death ?

Ans\\ er : \\'hoe,·er commits do,,n· deaili shall be punished with imprisonment for a tenn which shall not
be less than ~e, e□ vears but which may extend to imprisonment fo r life.
j ) Define Bigam) .
An5', er : Bi2am, is the offence of wil lfully and knowingly having more than one wife or husband at the
same time or l11e offence of willfully and knowinelv entering into a second marriage while validly married
to another indi\·idual. is called Bigamy.
Q. 2 : Write short notes on Anv Four of the following: = 20.

a) Obj ects of the Pre-Natal Diagnostic Act, 1994.
b) .\ational Commission for Women.
c) Important provisions of CEDAW.
d) Punishment for Child Marriage.
e) Judicial Divorce (Furquat).
f) Right to Education.
Q. 3 : Solve Anv Two of the following problems : = 12.
a) A Muslim woman seeks divorce from her husband.

i) Can the divorced wife marry another man ? Give reasons for your answer.
Answer : Yes. she can. After the period of lddat gets over. i.e. after a period of four months and ten da~
or if she is pregnant. after the delivea • of her child.
ii) When can the divorced wife marry her own husband ? Give reasons for your answer.
Answer:Thc wife will have to eo through fo llowing process-
)) She will ha,·e to observe the period of lddat;
2) She wil l have to marrv another man:
3) That another husband\\ ill have to divorce her:
4) .On divorce she will have to observe lddat;
5) After lddat period i~ over. then only she can marry her fonner husband.
.
1O
Women & Cl,ildren . 229. Author - PrQ . Praka.'fh K. lfukal.
/(1(111 '
/.fl,,, fl r
• ,mnloycc Sita is live month'i pregnant working for la,t two year, in the ...,t i... 1- h
\ fcrt1ll Ic c ,. ,._, a., 1-s rncnt
h) 1 , same employer.
f0 r I 1IC . • of maternity b enc fi1t can •s·,tac Ia,m
. rrom her emplQyer?
, Whol k 1n<1 ·
, •• Under Scct10n 9 of the
M ·
atem lt B enefi b~ Act. · 1ta can claim l~:J·r~ wrj- -.,,a::e5 ·or J -,:- ,x! ,.-
,,,,,,,er ,
1)
· weeks.
~ 1,ould Sita give notice to her employer '?
'I) Whens · . .
I
, ,vcr .• s·
. ,ta< lws, to 'IVC
•
notice before confinement child birth , frQm ne da,""... •,he .... ,,, 1-.~ -1- - r ,:......n,
~" - ~ :-..:H, I"' ,
i\l k l earl ier than s ix weeks from her ex ected date of de lr, er,
wor no • .
. " ' hat shall he the procedure adopted b y the employer to drterm1oe the matemH,·
iii) ?''f •
b~nefit l c:ise
of Sita I . _ . .
Answer : The maternity b~nefits shall b_e d~tenrnned from the Ja·, 1ta 15 r ~· r.or ·,, 0r1( on .i.;crun, ').·
;aternit . The avera 1 c dail ~va cs which I the avera£?.e_of the ,1,·oman·5 ';\J::~ -n·,'Jrk .o ht, d·-:- ca•, ;
on which she has worked dunng three calendar month" 1mm:;:d1atelv ;n::c.; J, _:: ,Ii~ ca:e :rom -., ;:1 h ,i':("
;l;sents herself o n account of matc mi rv, the minimum ratc:s of wag.es fi~:-:d or i;!", 1--eG '.i.'1C-;r :h~ \li:1 .....un
Wages Act. 1948 o r ten rupees. whichever is hi2her.
c) A boy Subhir below 16 years of age ,..,·as kidna pped from his 13,\fu) gtJardiansbip.
i) Which Section of the IPC can be applied here?
Answer: Section 36 1. offence of "Kidnapping from La,1,ful Guard1an·b"J- \\ 1l: • ~ aovl:c<l m ,►...., .:i,
ii) If the boy is taken away from India. then what is the lddnapping called and under wh:it e1:tion ~
Answer : The kidnapping is called as the offence of .. Kidnapomg f.-om ln~i~-- ~--:~c : ;: ·,~c-~ ~ ....f, ,"'.- ::--e
[PC.
iii) According to Section 366, if a woman is kidnapped. then" bat is it caUed ·?
Answer : It is called as the offence of --Kidnapoing_ abdu.:t10n or mducml:; 3 \\ o r.:..1.1 :0 .:,.,m~l t c :\~
marry any person or knowin2 that s he mav be forced lo il\1.:i1 intercourse" .
iv) What is the punishment for abduction?
Answer : Imprisonment upto ten vears and shall also be held li:ibk 10 tine - ~ C\.'. C\un 30<'
Q. 4: Attempt Anv Four essav tvpe questions from rbt follo"ing: = -'8.
a) Discuss the need for Prohibition of Immoral Tn1ffic in "om~n and ilio dis~u.), rhe main
provisions of the Immoral Traffic in n omen.
b) Explain - he main provisions of the Pr~oataJ Diagnos th."S Tn:bniqu"-s l Rcgu huion and
Prevention of Misuse) Act, t 99~.
c) Write in detail the offences relating to marriage under tbt' lndi:in Penal Cod e. 1860 "ith
respect to women under the follonin g heads: i) Cobabit:uion b~ dt-\'.titful met1n.)- Section
493. ii) Bigt1my - Section ~9~. iii) Adulter) - St•'7'tion -49 .
d) Discuss the health and safety of women under the factorie-s .·\\'.t. l ~--4S.
c) Discuss fully the objects of tht' Junnil~ Justke (C art' and Prnte\'.tion of bildren) Act.
2000.
I) Discuss in detail the status of \HHllt'n in pr~indepcndent lnJi:1 and tr:il.'e :\ome of rhl'
historical events which led to tht• imp rm ement of their st:1rus.
-~;;..o_____..:-.::.1..:.,,,"!:!.'
-~
[:!31
l'O\"C'Tllhc-r. 1015 (Otl/ 11 / 1~)f
---..;::
'Httfi Sofutwns
t:- • fi n ~.:-n eti lini

\!t~C . '.\ c,~ l o 4.
c• & O<. .: reed ha n.

~,..,,er~:~..:.--:-'--- - •~:-- ~ht :,-,,""'~·-,. <J:-namcnt~. 10th~ ('I r h lrn1 l! inl.!S of a m:.1rri1?d wnman durin\! he
· "' - :- .:- _ - .: :~~ ~u.-~:~:)- ,,· her ma'Tl<!!.!C . 11 ma, b 0h1amcd h, hi:r b \ ,,·a v o f girt fro m h~r parents
-.::...::.·2~-- _,-~~ _ :-..: <i'"• ~-- -~,e:lj:- o: hrouLht h, hen.cle f. he is con . idercd to be the abosolutc owner of
~~ ~:..-~..a-
c1 \ \ h21 <foe.... -\.rL 3 8 of t:hc. Indian Co ns titution provide for ?

~ ,. er: !..- ~L:.:.:: :> ;:,,..c,. ice-~ that th-: ~ta.LC st.ale . ha ll secure a social o rder fo r the promo tion of welfare of
t , De fi.nt T tla"-. Ahah_...o.

~.,.. er : -:-~ . L ~ !:, <i b~ of Ttd1.1t v.-bid1 c:omis t~ o f single pronouncement of di vorce m ade during
· -:~ ..:: ""r.:-u>c J '. :1:.1.-:~,. \I. hen \\ 1fe
free fro m her m ens trual c o urs es ). duri n g w h ic h h e r husband did
1~
~J . u :: .!:..ti::--u.. --=-~c ..,.,.1:h h.::-:. ~d th.en ka, e !, b c:r to the o bsef\ a nce o f ldda t.
r, ~ b.:it ;:i_n:: th t' O !>t::Dtllils of '1.uta M:.trr-iagc '! ..

A .D !>Y.tr : T:1-:: C'!>::nL...<ib o ~ •~uLJj m ama~e an: ii Tht ptriod o f cohabitation s h ould b e fix ed. a nd tlllS
r..u:-.. &:: .: c..:· ;: :r1omL .G car or <l lcnn u f v can.. and iii T he d ower s hould b e spcc: ific.:d .
g J \,\ h.it i!, tht: objccri , e~ off:& mil~ Co ur t Act, J 984 '! . ,J' . u lt:~
An ·1,H :r : Tb::: rL'TJ.JI, ( uun!> '1.rt: ~c:1 up Lu pru rnu tc: cun c.:il iatiu n . a nd becure speedy sdtlcm e nt 0 1 ~
rc . .:::tir.~ u~ 1-:-1~n<c.!.!c ;:11'1 h1m1!\ al hJtr:. .
b J .' \amc a u_\ tv.o t ~ pl: 1, o f indu i.trih " ht- n:- a d1ild ii, prohibilt-'d lo work . . .,. lti:- Jili;.,
111
·
A O S \-H: r : TI"lt: <.iiild 1~ p1 ulu b1tcd l u Wllrl. rn th e 111Ju1-1nc., · · · e b w j1ere IJ11..:n .•: 1~ •'I ua1 -1~ ~
· 1l1
u r c1 c ll\'
~uc:. h a <, ·.i.r,rl. 1r, ~ 1!1 the !"'1 1111:•.. h 1d1. ( iga1. I m:: ( n ll' li c;t foL·tu r11.:1>. e lc
I ,,,1, r
r ,, J,:!r. , I I
. • 1\rn T~~n of rhc fnll o,~ing:

(}. 111 : ~ 1\ l • • • •• •
. rt,n·c )·ca rs old girl l'i ma rried ro Ra JI' , a fi,.t! H ilr nld b1J, o•; ,he;,
ll) Sunlln, n • . . • , ·
:) find rhr parcnl'i of rhc children comm1lled an ) offen ce. If \~. undt!r 11c
1
r ·"·•-- th··• li.i"cci
,\ nswc • '; ' • -"~ - -
,mrrntlt:d ,1n offom.:c: l1'1\kT':-1; (l-•,! ',l1r-1.,:.:~:,-1- • ·
-- - . - - - "
- . ,aat,I•· 'l'" ' J'i I"< v1.:nr,, and 21 111.'.ar,,_ r )r~rl ,~. J -,_:_.. :,- . ·-· .
0
111ama1,c.; ... ' ~ - - - -- - -

·1 II
Whal is the puni ~hmcnt for the offence'?
. I .i-. ~,m.Q.!.£
. I 1mQrt,, 1r-:cnt •.q~ . c :-...1.'.!,._..:,·..:-- ·r · . . .
,\nswcr ; The puni~..1.mcn1
also liable to line.
iii) Js there any Internationa l Con\Cntion that prohibits .1 child m.1r ri.1.;t' '
Answer : No, thcri.: i:> no lntcmJ1ionJI ( llll\\.:nth,n - ·.:.;;.,_ . _. ,__. ·•·
child abusi.: is prohibitc<l un<lcr the lntc:rnJtil)nJI C1,m c:nr1,>n r~,r P. ~r-:..:· .1w · •, ·, ._..,
b) A, a Hindu male adoprs a child n ith rhl' con~t"nl of his nifc 8.
i) Can such adoption dcprh·c the adopti\l' fatbt"r or moihtr uf tht· pu"a h> d1,01, ,t· ,i ~,, M
her property by transfer i111er ,·i~·v., or b~ \\ ill ·:
Answer : No, such adoption \\ill not Jc: N t\c chc:111 ,..':· t~-,:_"1',~.:~_;,, .!.~;::_. ,_. .- :::- .: , :- ·_.·•·::.. .:,
1hey are the natural and lc!.!ll !?U:mli:in. . of 1hc L·hi!J
ii) Can any property vrs ted in the udoprrd rhi lcJ brfort' the> :ufoptioo. r uofl11ut' co, r,1 iu ,u,b
person ?
~-nswcr : Yes, 1hc: proper!\ L'Olllinuc:- 10 \c:,I in , t11.:h J .:htlJ ~·,,:n J~-:r .:.!,•r ,,11.
lu) Can the adoption br l'llncl'lll'U '.' \\ h, ·:
~n~~ver : No, bcl'allSc l)l1(c the.· ,tJL)QIIL~n \ JltJ h. mJJ,: : r,:"1'1~.-·, :.. • ! .!,'-. r ~·, ~ •• ::- _. .:;~,!
Tn 111\! on boih 1hc p:trcllls. 11 c:1111101 b1..· ,·.1111:t·lkJ ,,r r,·, ,1h·d rk·1.:~"·r "'' ,,. '.!r,!u •.:.; ., ~~1'f 1',
!J..e atlop1i v~ par1..•ms. -- ---- - - - - -
7
•!!!~'!!JE.fi!!j~fil!l!!!~:_Q.Ul!!.@..:.----2==3~2:.:. .___...:.A"""1""'"1tl__1,_
f::.aH' Re/ati,r to Wonre,r & C/rildrcn.
1r_-_P
_r_n.._•
...;.
P....;.
r .:..:. \f
a:.:.:ka:::.:s:!!l,..!1'.!.:..J.
. , okaf,
. . d . mnn mnrrY another Muslim man nftcr taking divorc
ii) Can the Mushm marne " 0 • c fro111
th
her first husband ? If yes, cn whc~ ? . . , · . ft ~. ~ · d · •
, Aft . tl e 1enod o1 lddat ets OH:r 1.e. a 1.:1 a )eno ol lour lllontl .
Answer . y c, she can. . er l I ·1d ls and
ten days..or it:~he is pregnant. after the delivery of her c 11 .
Q. IV : Answer Anv Four of the following (in brieQ : ~

a) Explain with case law :
i) Sexual harassment at work place.
ii) Right to education. .
b) Discuss in detail 'Rape· under Section 375 of the Indian Penal Code, 1860.
c) Discuss full,· the pro,·isions of Ma t ernity Benefits Act, 1~61 ·
d) Discuss in detail 'Adultery' under Section 497 of the ln~1an Penal Code, 1860.
e) Discuss the following pro,isions under the ~ndu Marriage Act, 1955 :
i) Conditions for a Hindu marriage.
ii) Ceremonies for a Hindu marriage.
iii) Registration of Hindu marriage.
iY) Voidable marriage.
f) Discuss the Constitutional provisions for the benefit of women, and explain how it
safeguards the interest and rights of women.
[24]
[May, 2016 (23/5/16)]
'Witn Solutions
Q. I : Attempt the following in Two sentences each : =20.
a) What are the requirements of a valid marriage under the Muslim Law ?
Answer : i) There should be proposal or offer {ijab) and acceptance (gubul); ii) The parties should have the
capacity to marry (attaining puberty) or to be married (marriage through guardians): iii) There should beJ!Q
impediments in tl1e wav of marriage/no matrimonial prohibitions.
b) What is the difference between Streedhan and Dowry ?

Answer : "Dowry" is demanded by the husband. In-laws, etc. It is prohibited under the DoW!Y
Prohibition Act; but Streedhan is given to the wife by love and affection or other presents made to h.M,
Streedhan is the womans propeny of which she is the absolute owner and has power to give, sell or~
independently without her husband's consent.
c) Name any two functions of the National Commission for women.

Answer : 1) investi{rnte and examine all matters relating to the safeguards provided fo r women un~
Const1.tut1on
. and otI1er' laws; 2) present to the Central Government, annually and at such other time~
· · s the
Commission may deed fit. reports upon the working of those safeguards.
---- 233. Author - Pro . Prakash K. Mokal.
. Wom ell & Children .
1
,, /oltll ' f tJ
/,(111 " t!
vcr or Mehr.
.1) ocfinc oo, . dower is a sum of monc which the wife is entitled to receive from
11 Mahr 0 1 .
,ns'"cr : . sideration of mam a 1e.
:11c husband ,n con.
1 •s Shelter Home? . . .
C) What . 1 . Home under Section 2 u of the Juvenile Justice Care and Protection of Children A ct
r . She ter d S . 3 ,
j\nswc · home or a dro -incentrc set u u er ect1on 7 of the Act.
2000 means a
two functions of the Human Rights Commission.
f) Sfatc_a;~e Commiss ion shall erform all or an of the followin g functions. namelv - i violation of
Answer ." hts or abetment thereof or ii negli ence in the revention of such violation b\ a ublic
human n
§£.fVallt
) What is Polygamy ?
~nswer : Polygamy i~ a _system of marria7e un_d~r. w~ich one man has C\vo or more wives at a time.
Polygamy was in practice m most of the ancient c1v1hzat1ons.
h) What is Protective Home ?

Answer: A home established by a State Government or bv a Yoluncarv Organization and ~nified b\' 1hat
State Government as a Protective Home for Children.
i) State the orders which cannot be passed against a Junnile.
Answer : The orders which cannot be passed against Juvenile are - ~o JuH:nilc in conflict with law shall
be sentenced to death or imprisonment fo r anv term which mav extend 10 imorisonmenr for li fe. or
committed to prison in default of payment of fine or in default of furn is him?. securitY.
j) Define Women's Estate.

Answer : The term' women's estate' in its larger connotation means all oropertv wtiich has come to a
woman by any means and from any source whatsoever. and includes both prooem· in which she has
absolute interest (streedhan) and propertv in which she has limited interest or gualifinl interest.
Q. 2 : Write short notes on Any Four of the following : = 20.

a) Kinds of Domestic Violence.
b) Need for prohibition of mmoral traffic in wome n.
c) Tortious liability for unborn child.
d) Sexual Harassment of women and workplace.
e) Resrvation of seats for women in Municipality.
t) Distinction between adultery and cruelty.
Q. 3 : Solve Any Two of the followin2 problems : = 12.

a) Ab
. oy A nil below 16 years of age was kidnapped from his la\\ ful guardianship.
1
) Which Section of the IPC is applicnbk here '!
Answer: Section 361, offence of ·•Kidnapping frn m Lawful Guardiru\ship'' \\ ill be Jpplied in this
case.
ii) If the boy is taken uwuy from lndiu, then what is thl' offrnce committed and under which
Section'?
Law Relati11 to Wome11 & CJ,i/dre,r · B4. A 11thor - Pro • Praka.~/, I(
. Mok<11.
.,1. ·~
•1110 1
Answer : Tl1e ktuirnpp .., " ' called as
-
the offc1K·e of "Kidnappin 11
from India., unct,,r S
" ec1·
1011 3
of the IPC. . . •60
"") A d' t Snction 366 if a woman is kidnapped then whnt ts If called ?
m cor mg o ~ , . . · · d ·
'I A , . It ·
ns\\er. IS ca lied as the offence of ·K1dna) 111 1• abduction or m ucm , a woman to
·11· . . ,, Co111 I
to many anv person Or kllo\\,1·11 g that she mav be forced to 1 1c1t mtercourse . c h•,r
iv) What is the punishment for abduction~ . .
Answer : Imprisonment upto ten vears and shall also be held liable to fine - Sect101~
b) A female employee Tina is five months pregnant working for the last two Year .
. s ~ II
establishment for the same employer. ie
i) What kind of Maternity Benefit can Tina claim from her em~loyer ?
Answer : 1 She can claim matemitv leave with wages for a enod of 12 weeks. 2
matemit leave she should be aid sufficient amow1t to meet the health and ma t
. in enan
requirement of her and her child. . ce
Matemirv benefit to which eve , woman shall be entitled to. and her em lo er shall be r bl
the a rment of matemi tY benefit at the rate of the avera e da1·1 wa e c1or the enod
. of hIa e fot
· _11nme~1
absence. that is to sa . :he . enod · ·atel reced"mo t_he d~ 0 f her de1iv~
· er actual
for the actual da
of her deliverv. the penod uumedrntely followed that day 1s said to be maternity benefit.
ii) When should Tina give notice to her employer ?
Answer : u nder Section 6 of the Matemitv Benefit Act, 1961 a notice_ of claim for materni
benefit should be oiven in writin° b the woman em lo ee for a matem1 leave and a ~
. .- . - . . or its
pavment. Smee Tina 1s pregnant. such notice shall stat~ the date from which she shall be absent
~om w?rk. not being earlier than six weeks from tbe date_of her expe~ted delivery. If such~
\I ' ts not 2wen by the woman when she was pregnant, may give such notice as soon as possible after
I the delivery. -
I
iii) What shall be the procedure adopted by the employer to determine Maternity Benefit in
case of Tina ?
Answer : On receiot of the notice, the employer shall pennit such woman to absent herself from
the establishment durig the period for which she receives the maternity benefit 6 {4)): Thers.
amount maternity benefit for the pe1iod preceding the date of her expected delivery shall be paid
in advance bv the employer to the woman on production of such proof as may be prescribed that
the woman is pmmant. and the amount due for subsequent period shall be paid by the employer to
'I
the woman within 48 hours of the del:iverv of the child 6 {5)]. rs.
c) In a sudden raid by the police of a Brothel, they found many young ladies along with a minor
girl aged 10 years.
i) Are all the ladies liable to be punished ? If yes, under which Act ?
Answer : Yes. all the young ladies who have completed the age of 18 years are liable to M
punished for keeping a brothel or allowing premises to be used as brothel with a term.j
imp,isonment of not less than one year and not more than three years and also with fine wlill,h
may extend to Rs. 2.000/- for the first conviction and with rigorous imprisonment for a tem_Q.Ll!Q!
less than two vears and not more than five years and also with fine which may extend.JQ_.&:
2,000/- for scon<l or subsequent conviction. (Section 3 (1) of the lmmoral Traffic (Preve n ~
1956.
ii) Whether the minor girl aged 10 years shall also be liable for punishment? d
I I A Tl · · I d o
fr nsw~ :, ~ ~mo~ !'.!tr ag~ 1 years shall not be held liable for punishment. S~e can ~
1 be rescue
om t e orot e un er Section 16 of the Act, and the Magistrate may place her m a n ~
. Women & Children. 235. Author-Pro. Prakash K. Mokal
,,,,,., Refafl'' , to
.
. . . . . .
d or rcco rnizcd under an Children Act for the time bem m force in an State for the
cstablis hc of c hildre n Section 17 .
st0' I
re
~:'.) Wlicthcr the senior lad Y 1·1vmg
cu . 4?n th e earnings
. from the Brothel is also liable to be
111• •d ? If yes, or no, state the reasons for th e same.
Pun1she · 4 o f the A c t the senio
. .Yes under Section . r I ad 11vm
· . on the eamin s from the brothel
Answer . f. . "
nishcd with the te rm o 1m n sonme nt ,or seven ears and not more than ten ears aad
can be J U
w ith fine of Rs. 1,000/-.
~
t Any Four essay type questions : - 48

4 . Attemp - . . f h . . . .
Q. • -
0 . cuss the evolution of the efforts o t e State for the provmon of education or Children.
:~ o:!cuss the Feudal institution of Joint Family and the women 's inheritance position under
various personal laws.
c) Discuss the status of women in Post-Independent India with special reference to the
equality provisions in Fundamental Rights.
d) Discuss the welfare and safety of women in the Factories Act. 1948.
e) Discuss in detail the divorce of women under the M ulsim Law.
t) Discuss the provisions relating to Maintenance or ~ife and children under the Hindu
Adoptions and Maintena nce Act, 1956.
[25]
[November, 2016 (21/11/16)]
Time : 3 Hours ~larks : 100.
Witli So{utions
Q. 1 : Attempt in not more than Two sentences each : = 20.
a) What is Domestic Violence ?
Answer : It is a physical torture of a male or female m ember of che fami l\• bv other familv members.
b) Define Observation Home.

Answer : Under Section 2 (o) of the Juvenile Justice Acc. Obscr.·ation Hom~ means a home established
hY a_ State Government or by a voluntary organization and certified bv th:ll Scace GoYemmenc under
Section 8 as an observation home for the juveniles in conflict with law.
c) Define Sati.
Answer : "Sati m eans, the burning or burying alive of i) anv widow a long with the body of her deceased
@sb~nd or a ny other relative; or ii) any a.rtick. objec1 or thing assoriac-:-J with the husband or such
@lat1ve.
d) What is Khula and Mubarnt '?

A_!,swer : Khu la means, a divon.:c by the w i.fc with the ronsem o f her husband on pavmem of something
-to her bv way o (' compensation. In Mubaaral, both che panics arc equallv w1· 11 ·mg co d.1sso l eth e mamage.
.
e) What is Brothel ?
Answer : Section 2 a ,.1fthi: lmmor.11 Tr.iflic Prcn:n1ion Act 1956 ,jvcs the dclinition of broil ,
. 1· I lei ils
Brothel in_clu~es anv house, room, c0nwYancc ~,r p~:-ic~ or :my port1~n o an '. \O\ls.e room convc an~-
or lace which. 1s u,ed
. for the u 0 .'-C. 0f sexual ex l01tat1on or abuse tor the ' am of ,mother ,crson
, or forc
the murual gain of two or more prostltl1tes.
f)Define Bigamy.
Answer: Bigam,· is the offence of willfully and knowingly having more than one wife or husband 111
1
same rime or the offence of "illful),· and knowim;,Jy entering into a second mnrriagc wh ile validly 111~
to another indi,idual. is c21led Bi!!:amy. ~
g) What is Jl\ikab ?
Answer : ' ikah amooirst Muslims means marriage between man and woman and it is of nature of
pureh ci,il contracL but a solemn pact (mithag-e-gbalid) between a man and a woman, soliciting ea~
other"s life companionship. which in law takes the fom1 of a contract (aqud). -
h) When can a diYorced person marry again under the Hindu Marriage Act, 1955 ?
Answer : When a decree of diYorcc is passed by the Family Court and against which an appeal is not
preferred and if the appeal is preferred and is dismissed or the limitation period for the appeal is expired
then a divorced person can many aQain under the Hindu Marriage Act, 1955. Or When the divorce~
Murual Consent is g:ranted bv the Family Court under the Act.
i) What is Potvoamy
. e . ?
Answer : Polyeamv is a svstem of marria2e under which one man has two or more wives at a time.
Polyeamv was in practice in most of the ancient civilizations.
j) What is the Punishment prescribed for Dowry Death ?

Answer : With imprisonment for a tem1 which shall not be less than 7 years but which may extend to
imprisonment for life.
Q. 2 : Write short notes on Anv Four of the following : = 20.

a) R esen ·ation of seats for women in Panchayat.
b) State of children in Jndia.
c) Important provisions of C EDAW .
d ) Punishment for Abetment of Sati.
e) Equal pay for equa l work.
f) Objects of Prenatal Diag nostics Act, 1994.
Q. 3 : Soln : Anv Two of the following problems : =1.1

a) In a sudden raid by the police of a brothel, they found many young ladies along with a minor
girl aged 10 years.
i) Arc all the ladies liable to be punished ? If yes, under which Act ?
Answer : The head of the Brothel will be booked for keeping minor girls in the brothel. 1.h£
Senior lady living on the earnings of the girls :is punishable under Section 4 of the Immoral Tnilll£
(Prevention) Act. 1956. The ladies will not be punished as the Act lays down no punishmentjQ!
sex workers. They can be rehabilitated by puning them in a Corrective Home. However. they_gn
., •fatitt I to w"mell (.~ c 1,ii,Jre,r . 237. Author - Pro . Prakash K. Mokal.
l.t'"' "'
. ·\· ·d under the Indian Pena\ Code for crimes. such as. o ffence of P\ib\'ic l d
~ - - ,~ n ecency or
public N u1snncc . . .
~ hcthcr the mmor gtrl aged ten years shall also be liable to punishment ? \f not th
h) n . ,, , en
1 tis alternative •
w ,a r. The minor girl sha\l not be \iable. and can be sent to a Protection Home
AnsWC . . . . .
Toe11'linor girl aged _10 years shall no t be held \iab\e fo~ punishment. She can be rescued from the
~b the\ under Section \ 6 of the Act, and the Magistrate may place her in any institut'
ro . d <l Ch.Id _ 10n
~ tab\ished or rec~gmzc un .er any 1 ren Act for the time being in force in anv State for the
-safe custody of children {Section .\ 71.
.
iii) Whether the se nior lady livmg on the earnings from the Brothel is also liable to be
punished ? If yes, or No, ~tate the reasons for the same.
Answer : Yes. under Section 4 of the Act. the senior \adv livin2 on the eam m2s from the brothel
can be punished with the term of imprisonment for seven vears and not more than ten vears and
with fine of Rs. l ,000/-.
b) A frema\e employee Tina is five months pregnant working for the last two years in the
establishment for the same employer.
i) What kind of Maternity Benefit can Tina claim from her emplo~·er '?
Answer : Under Section 9 of the M atemitv Benefits Act,
1) Sh e can claim maternity \eave w ith wages for a oeriod of I:! weeks. 21 Duri.n!? the m:itemit\·
\eave she should be paid sufficient amount to meet the health and maintemn.:e l'\.'\l'.:r<-.!mt:m of i:;:r
and her child .
Matemlty benefit to which everv woman sha\\ be entitled to. and h;:r emC'lO', .-:, sro\\ be liable for
the payment of maternity benefit at the rate of the averai?c dailv W:ll!C for the ~riu<l of her ~cm:i\
absence, that is to say. the period immediately precedin~ the d.l', C'f her udi,ca\ . for L1e :1.:n:al d.1,
of her delivery, the period immediatelv followed that d.w is s:1iJ to ~ m:uemm "t-<:.;:!i:
ii) When should Tina give notice to her employer'?
Answer : Tina has to give notice before confinement \ child binh) from the d.lt~ :-::;: '' ill t-c '.lb~em
from work, not earlier than six weeks from her expected cbte of ddi, er- .
Under Section 6 of th e Matemirv Benefit Act. l 96 \ u notice of d.lim for m..n.:m::-- bene:·n "'r- 0 u\d
be given in writing b y the woman emp\ovee for a matemil\' k;i, e .mJ .mJ t~,r ,i:, c:-.1., m1:nt. Sin.:t'
Tina is pregnant. such notice sha\\ state the date from which she s.h::l\\ be ah:..=-r.t !_rom w~rk. not.
being earlier than six weeks from the date of her e:me\'.ted de\i, erv. \i :.u.:-h nvri-:~· is n,.'l -~' en b,
the woman when she was pregnant, mav give such notke :lS s0un .l5 N ~~bk ..\l\~r th~ Jdi,e~ · .
iii) What shall be the procedure adopted by the emp\o~~r to dttermme ~hlternil) Bcot:fit ,n
case of Tina '? .
~'\ · . ·h ,m.u, t..) :.ib!;eot he~dl in,m
Answer : On receipt of the notice. the emp\over sh:.u pem :.u~ "1. . 111 . S. C\. .n . 1 he
· . . . h' h l • ·ve · th , m..1lern1t\ b<neht
the establishment durin the eno<l tor w 1c s,,e ro.:ei :. . c J • ·h· \l be ah.l
amount matcmit benefit for the eriod receJin.i the J ..ne t, t her e, ·~teJ. e
. \ . of ·u ·h l'\,ot \,- m:i,
1
\:I"\ r: .:ribed thlt
m advance b the cm \o er to the woman on ml uwon :, .'- ·h \l
·noo b. · c :,1.
J b the em \over to
'
.I
th e woman is re nant and the amount uue 1·or :-ti b~·e" llc'l\t
~ _ -" :\
· e {"ll\l \
238. . ",,,,
,1u1l1or - Pro . Prakash I(_ M( ,,
. k d',·orrr from hr r hushnnd.

c) A Muslim woman src ~ 1 th . msn ,, Gin rcnsons for your nnswcr .
. C ·h d" . ro "ifr marn· nno N - • ' ~ · .
,1 an t r . ,, urr . . ther man 3tkr the ,criod of lddat •els over 1.c. alter a 'Crio I
·~n~wrr
· · .· ) r,... ,he
· rnn
d m:irn
. nno . of. li'n·orcc aner tl1c dcltvc
·r he i, ,re ,n:rnt ;it the tune . oft1of
four m1.,nths :md ten a,-s. IX I s • lcr
child. . _,1 . an marn· her own husb:rnd '? Gi"e rcn sons for wur :mswc
ii) When can thr d1\"0rl'l-u "om ._ . , _ · · r.
Amwe-r:The ,,ife ,,ill ha,-c 10 go through tollowmg p rOll'SS·
i ) She " ·1ll han· to obsern· the peri0d of lddat;
: ) She will ha,·e 10 marrY another m3n;
3) Ttlat anorber husband " i ll ha,·c to di,·orce her;
l ) On d1n1r.:-e she will haw 10 obsene lddat:
~) .~fter lddat peri 0 d is owr. then only she can marn- her fonncr husband.
Q. 4 : Attempt ..\nY Four essaY ~pe qu estions : - 48.

a) Di~ o~ the legal control of Child Labour and also discuss the recommendations of~
~ational Commission of Labour.
b) Oiscu~ Discrimination against Female Children with reference to the following -
}. Amnioce.ntesis.
2. Termination of Pregnancy.
c) Discuss the \'arious personal laws with special reference to unequal position of women.
d) Discuss the need for prohibition of Immoral Traffic in Women and also discuss the main
prmis:ions of the Immoral Traffic (Pre,•ention) Act, 1956.
e) Discuss the Constitutional Provisions for the benefit of women and explain how it
f) Discuss fully the objects of the Juvenile Justice (Care & Protection of Children) Act, 2000.
[26]
[May, 2017]
'Witli So{utums
Please check whether you have got the right question paper.
Q. I : Altt mpt the following in Two sentences each: 20.

a) Define · maintenanct' under Section l 2S of th. C . . 1 p
A • c nmrna roccdure Code
Ol. \\ t r : Maintenance means a month! · IJ · ..
child/children fath- th Y a owancc for the maintenance of the w11£,
•. er or mo er .unable to ma·main 1 • herself"fh'1mself· at such monthly rate of· iR
15001- or .any <1mount a!> the magistrate may deem fit.
b} Defint ' delinquent child' under the Children Act 1960

Answer : Mav. 14: Mav. 13: Nov. JU: J'\ov. 07· No'v. 05· .A r. 05
c) What art the requirements of a valid m· ..

arnage under lhe Muslim Law'!
.....
. ll'omet1 & ('/,ildre11 . 239. Author - Pro . Prakash K. i't-lokaL

/(I/Ill t /II
I(
.:.
'·"'' ('
.. . ' MilY., \h; May. \4 ·, Apr. 11 ; ov. 10: Nov. 08; Nov. 07 \
J\!!5!'CI~~
. t pcs of industries wher e a chi\d i'I iprohibited to work.
NoOlC two y .
d) 1 • Nov IS· Ma 13· A r. IO· Ma ·. 06
,\nswcr . ·
Define 'Genetic Clinic' under the Pre-natal Diagnostic T echnique (Regulation & Prevention
l') f Misuse) Act. 1994.
~ swcr: \May, 12; Apr. 11 : Apr 09: Nov. 07: Nov. 05: .<\ pr. 051
f) nmc the kinds of Muslim marriave.

,\nswcr: \. Sahih (Valid}: 2. Fasid ( lrreg_ular )'. and 3. Batii l \'01d 1 mamazc.
g) State the orders which cannot b e pas ed against a Ju,·enile.

Answer : {May, I 6: Dec. I I)
h) Define ' stridhan'.

Answer : fMay, I 6; May, 15; Dec. \3: Mav. 13: \\av I 2: .-\or. 10: -\Cl,. 09: '\;ov. 061
i) What is ' shelter home' '?

Answer : {May. l 6)
1in
j) What is 'in camera' proceedings '?
it
Answer: I ov\5: Mav. 14: Dec. \\ }
10,
Q. 2: Write short notes on Am· Four of the follo"in g,: = 20.
a) Need for prohibition of immortal traffic " omen.
b) Distinction between Adulten· and Crueln .
c) Right to maintenance under· the Hindu ..\doption and ,taint~n:.inc~ \ ct. l 95t>.
d) National Commission for women.
e) Restraint on child marriage.
0. f) Protection to women under the Factories Act. 19--48 and ,noe!I> .-\1'.t. lq~~-
Q. 3 : Solve : Any Two of the following problems : = '!.
a) Benna, a girl aged \8 is ~lbducted b, a !6, er old man in the iotenrioo or gening murrkd.
i) What is the natun of offence co~1mitted -~ State the punishment for the same.
0. ~nswer: [ ov. \4; No\'. \O; 1 o,. 09: i\\:\, , 0,1 . .,
u) Under which Section of the l.P.C. is the offroce 210d the puoishmellt pn~scnbed ·
Answer: f1 ov. \4: No\'. \ 0: No, . 1)'): i\\.\\ , 0 l
iii) Define the crinw npplicnbk under tlw lPC' in the ubo, e wum~r.
AJ1swer : {No . \ 4; Nov. l O; N1." . l)'\ \a, , l).., l
b,L!!_aK~•lRt£e~la!,!jri[!!n~10!,J!Jf2_o!!m[!:en~t~~
- C~l~,i~ldrr_rf!Cl[.1.:...-- - -~2:!.:40~-- -- .....:...
·•t::.;:11:.:.;t/:.:.;ro:;..;r_-_;_/>.:..;:
,,::..,..,.:...•.:...P:...:,a!!:k~
· a'.:!:~l!.!..1~h!.:..~.!!Afokal
..) C h '\ ,. married woman marry the. other Muslim male after taking divor
11 an t e 1, us 1m • cc fro
her first Mus\im husband ~ If yes. then when '! "1
Answer : ['\tw. 16: 'cw. 15: Ma", 15: io,·. \4; Dec. \3: Dec. 12: Dec. 11 : Apr. I I~
Nov. 081
c) A Hindu male adopts a child with the consent of is wife.
i) Can such adoption deprh·e the adoptive father or mother of the power to dispose of h'
• · b · ··11 ? •s or
her prope~· by transfer mter-Y1,·os or ~ m •
Answer: (Nov. 15; Mav. 14: May. 13; Nov. 10; May. 061
ii) Can am· propertY be vested in the adopted child before the adoption shall continue t0
• · Vest
in such person ?
Answer: (l\ov. IS: May, 14: ~fay. 13: Nov. 10: May. 061
iii) Can the adoption be cancelled ? Why ?
Answer: (Nov. 15: May. 14: Mav. l3: Nov. 10: May. 061
Q. 4 : Attempt An,• Four essa,•type questions from the following:

a) Discuss in detail functions of Family Court.
== 48.
-
b) Explain ~ith case laws the following:
i) Sexual harassment at workplace.
c) Discuss in detail the divorce of women under the Muslim law.
d) Discuss in detail the right to payment of maternity benefit under the Maternity Ben fi
Act, 1961. e tt
c) Explain the main pro\lisions of the Pre-natal Dignostic Technique (Regulation a d
Prevention of !\tisusc) Act, 1994. n
f) D_iscu~s in detail th_e status of w_omen in pre-independent India and trace some of the
b1stoncal events which led to the improvement of their status.
[27]
{December, 2017 (04/12/17)]
1 Time: 3 Hours Marks: 100.
'Witn So{utions
Q.1:Attempt the following in Two sentences each:
a) Define Bigamy.
Answer : [Nov.16: May. 15]
b) What is Protective Home?

Answer : [May: May, I SJ
c) Defin e Women's Eastate.

, Relatill , to Wome11 & Clril1/re11. 241 . Authur - Pro. Prakash K. Mokal.
f,1111
r . The lcnn' women' s estate' in its lar er connotation means all rt h.
i\nswc · . dr . . ro e v w 1ch has come
man b an means ,m rom ,m source whatsoever and mclud.,<'. b0 th .. .
to a wO . di . "~ ro ~m m which
interest strec 1a n and ro crt m which she has limited · 1
sI1c Il<'\S• ,,bsolute
' •
.
in erest or uali fied
~
cl) Deline Talaq-ul-biddat.
Af,swer: [May, 15; May, 14; May, 13; may. 12: No. 10; Nov. 08: i\ov. 05]
e) State any two functions of the Human Rights Commission.

Answer: {May, 16; May, 14; May. 12; Nov. 10]
f) What is the punishment prescribed for Dowry Death ?

Answer: (Nov. 16: May. 15; May, 14; Dec. 13: Dec. 12)
g) Define Khu\a and Mubarat.

Answer: (Nov. 16; Dec. 13; Apr. 11 : Nov. 09: Nov. 06)
h) What is Family Court ?

Answer : {Nov. 15; Dec. 13; May. 13: Dec. 12: No\·. 10: Aor.
May, 07; Nov. 06; Apr. 05]
I i) Define 'child' according to the Immoral Traffic Act, 1956.
Answer : (Nov I Sl
I
I j) State the orders which cannot be passed against a Jm•cnilc.
Answer: [May, 16; Dec. I 3; Dec. I I)
\
a) Important provisions of CEDAW.
b) Kinds of Guardianship under the Mahommedan Law.
c) Judicial Divorce (Furquat).
d) Objects of Prenatal Dignostics Techniques Act, 199-4.
e) P.unishment for child marriages.
t) Aims and objectives of the Dowry Prohibition Act.
Q. 3: Solve : Any Two of the following problems :

• kino for !ht• lus t m ll n'llrs in rhe
a) A female employee Karuoa is li\'l~ months pregn.rnr \\or .,. ·
establishment for the same employer. 1 ·r .,
-
i) What kind of maternity bencht cirn K aruna c•I1,im from ha emp O\• t ·
Answert: (Nov. 16; Mav, 16; ,., 1,· o··
lv1av . ..,, 1.:1. .
1)· ,\or.091
-· • ., -
ii) When should Karuna give notice to her emplo) er ·

Answer. : ov. l 6- Mn I 611.,1
· l Y a,•• 1-i·O
- cc " 1-1 ·-\· ,r.LN , ,kramint• tht' nrnrermr~· bent•fll
th
iii) What shall be the procedure ndoplcd b~ e t'lllf> ~ tr 10 10
in case of Karuna '!

Answer: Nov. 16' Ma . 16' Ma\ 15· Dc1.·. I~·.-\ ir. L)l}
•
h
L
1.~
= a'.!!w~R~£li_la~t!l.in~t~o!..._H-".tt:fo~m~e~n~&~C!d!
h!!il!;!;dr!:!e:!:n!..:· :....----~24:!.2~.~---..:.A...:c.=u~
l ;;..;;o'"""r_---"'-P"'""ro'"'".-=P...:r-=a:.::k:!!a~sh~K~1
__ ...
. '"'Okat.
b) On a sudden raid by the police at a Brothel, they found many young ladies aloo g\V1th . a
minor girl aged ten years. . .
i) Are all the ladies to be punished ? Under which Act?
Answer : (Nov. 16; May, 16; May, 14; May, 13; May, 12_; Apr. 10) .
ii) Whether the mior girl aged ten years shall also be hable to pumshment? If not, then What
is the alternative ?
Answer: fN ov. 16; May, 16: May, 14; May. 13; M ay, 12; Apr. 10)
iii) Whether the senior lady living on th e earnings from the Brothel is also liable to be
punished ? If yes or no, state reasons for the same.
A nswer: (Nov. 16; May, 16: M ay, 14; M ay, 13; M ay, 12; Apr. 10)
c) A Muslim woman seeks divorce from her husband.

i) Can th e divorced woman mary another man ?
Answer : (Nov. 16; M ay, 15; Dec. 13; Dec. 12; Apr. 11: A pr. 09 ; Nov. 08)
ii) When can the divorced wife marry her own hsband ? Give reasons for your answer.
Answer: (Nov. 16; May, 15; Dec. 13: Dec. 12; A pr. 11 ; A pr. 09 ; Nov. 08)
Q. 4 : Attempt Any Four essay type questions from the following : = 48.
a) Write in detail the offences relating tomarriage under the Indian Penal Code, 1860 with
i) Cohabitation by deceitful means - S. 493.
ii) Bigamy - S. 494
iii) Adultery - S. 497.
b) Discuss the health and safety of women under the Factories Act, 1948.
c) Discuss the Constitutional provisions for the benefit of the women and explain how it
d) Discuss in detail the important provisions of Dowry Prohibition Act, 1961.
e) Discuss the various personal laws with special reference to unequal position of women.
f) Discuss the legal control of child labour and also discuss the recommendations of the
National Labour Commission.
[28]
[June, 2018]
Time : 3 Hours Marks : tOQ:.
Q. 1 : Answer the following in Two sentences each :

a) Define Dower or Mehr. o7'
~ nsw;~ : (Dec. 18: May, 18; May, 16; Ma y, 15: N ov. 14 ; Dec. 12 ; Dec. 11 ; Apr~
ov. 1.
for fine [Section 4 (1 ) of the Commission o f Sati (Prevention) Act, 1987. rDec. 20111
• g_f!;"!..;
oe'affrt " l~l1~'on~t~en
~ &--
· C/i_11·1d_r.;;..en
..c., ___ ----li3~-----'1l!!'M!:.=..fu'.[J_~~!L.!J~~~
"'--'-. · • A, 1
1
p
1,1111' ,._ ,, , "'" - ro . Prllka.vh K. Mokal
. the legal status of a Child in the mother's wo b . h

f~st ,s · • · b m WU rega rd to inh ·, ?
c) \ . r : 1( sucl1 child 1s su se uentl bom alive shall have the . er, a~cc .
Ans" I.' 0 f the intestate erson as if such child had been bo b fi s~me rr ,ht to inherit to the
rQ ·~' . 0 the life rime of the intestate; And thus such c~ld e_ o~e ~ dea~ of the intestate or
1 15 ega Y entitled t · h · h
1.r1rn d..J![!.!1:.- • '
!!Q!!!--- _-fftthfe intestate with effect from the date of the death of them
. testate. o 10 cnt I e
I ~
, two kinds of domestic violence.

d)
1 arne
. an)
• Domestlc· v10· Ience can be a - 1 Ph s1.caI torture· and 2 Mental t rtu
,u,swerb·, her husband. in-laws or relative famil members etc. ov. 16· No: It or abuse of a
I woman
. ,·uvenile' under the Juvenile Justice Act, 2000?
e)
WbO is a• Juvenile
J or chi·1d means a erson who bas not com Jeted ei hteeo ears of a e.
Answer •
· . Natural Guardian under the Muslim Law ? .
Q WbO ~ Father alone. or if he be dead. his executor under the Sunni Law is the le al or oatu 1
15
,\OSwer . . M th . htled h d ra
CTJJardian of a minor ch1ld. o er 1s enu to t e custo y of a male child till 7 years and female
~ubert}' (Hanafi Law).
. tbe minimum working period for a woman to claim maternity benefits under the
g) \Vbat 1s ?
Maternity Benefit Act, 1961 .
Ms\\'er: {Dec. J8: Dec. 11 J.
b) Define Dowry.
A9swer: (May. 14: Apr. 11: Nov. 091.
i) What is Alimony ? . . . . . .
Answer : Alimony 1s a sum of money which 1s paid to a wife by the order of the Court m anv
marrimonial petition filed either by the wife or the husband. It may be the alimony pendente lite
(i.e. durine- the pendency of the petition) or permanent alimony (i.e. after the suit is finally heard
and decided by the Court.
j) \\'hat is Muta Marriage ?

Answer: The word 'muta ' literally means 'eniovment' or 'use'.In its legal context, it means a
temporary marriage i.e. a marriage whose duration is fixed (i.e. a period of cohabitation is fixed)
b1 an agreement between the parties. [Dec. I8: May, I8: Nov. 15: Dec. 13; Dec. 1l].
Q. 2: Write short notes on Anv Four of the following : - 20.

a) Family Court.
b) D!stinguish between Bigamy and Adultery.
c) R1gbt to Education.
:) -~ational Commission for Women.
,{ ,\e~d for Uniform Civil Code.
'1 Ob1ec1 of th M d·
e e 1caJ Termination of Pregnan cy Act.
Q. 3: Soh,eAnv T .
~ wo 01 the following Problems : 12.
a) ~he Police raided a .
Ms aged 9 Brothel and fou nd many ladies and among them there were two mmor
i) Years. '
.. Can the lad' b
Ii) A ies e punished ?
re the minor girl ,: . .
s uable to be punished ? What a re the remedial measures ?
Author - Pro . Prakash K. MokaL
244.
Law Relatin to Women & Children •
May, 12 (c); Apr. 10. (c): Apr. 09 (c)1 1955

b) Ajay and rriya are Hindus married under tbe Hindu Marriage Act, · Ajay converts to
another religion and becomes a M uslim to m a rry Sara\a. .
i) What is the status of marriage with Priya after conver_sion ? 0 . 0
Answer : rri a's marria e with A·a remains vahd thou h A a · 0t converted \slam
re\i ioo. In the \ i ht of the case of Sar/a Mud al vis. Un ion o India I 995 3 SCC 63 5
i) Is his marriage
Answer with
: No bis Sarlaevalid
rnarria Sarla?is not valid. ln the Sar/a M11d<'a/'s case the Su reme
Court held that such a marria e will be illc al and the husb and can be , rosecuted for the
offence of Bi am under Section 494 of the lndian Pena\ Code \ 860.
c) A factor y consists of 50 weavers along with other male weaver .

i) Can the female weavers be allowed to do night shift ?
ii) Are the women employees entitled to crechc facilit)' ?
Answers : Female weavers ma be a\\owed to work at the ni •ht shi ft under the Factories
Act, 1948, provided they must be provided wilh al\ nccessm arrangements for their needs
i.e. rest durin articular intervals - se )arate accom1T1odation or cloak rooms· ro er
sanitat facilities· Creche faci\it for their children etc. A lso Re er uestion No. 3 :...
(Nov. 07 (3); May, 06 (3)1.
= 48.
e u estions from the followin
Q. 4 : Attem t An Four essa
a) Discuss in detail the provisions for maiotenaoce under Section 125 of the Code ol
Criminal Procedure with r elevant case laws.
b) What are the grounds of Divorce a vailable to a Hindu wife under the Hindu Marriage
c) ~~~;~" the provisions relating to Health and Safety of women under the Factories Acl,
Act, 1955 ?
2000. the main provisions 0 f the J uvenile

d) Discuss . Justice (Care and Protection of Children) Acl,
e) Discuss in detail the provisions of the M t .

t) Explain the following a ermty Benefit Act, 1961.
i) CEDAW.
ii) Convention on Right of Child.
{29]
\December' 2018 (20/12/18)1
Time : 3 Hours Marks: l~j
Q . 1 : Answer in not more than T wo sentences :

a) Defme Biga my.
Answer: {Dec. 17; Nov. l6-, May. 15: Dec. l3; Mav, 12).
t rin~"..!.to~l:...:
f "s.:."--'""'
r,_, ~L~_· ~
C _lt""'
il"'"
dr,
:...:r..:.; 114~
11:...:._ _ _ _1 - - -...d!r.!!fJ_!!L._t_[!!J
LuPI' R~ S. A11tltor /' I. ,
~ ro . 1!!!lm11t /(. If L I
. nowrr or Mehr '.' --'""'-.c:. f),a1 .
st
~J \\ h •:,rrr : / ~ f:i\. IS; Mal, I(1; f\ la>, 15: Nov. 14· Dec.: I .
~ . d' ,, ~ . 2. 0 cc. U._; /\pr. I (), Ma•j , (J''I , ,, . (Jr,J
•in camera procrr mgs .
_.1111i ;'l11
st r~"·er : f 1:i,. 17: o,·. /5: Mar, 14; Dc-c. 11 1,
~
. rwo functions of Human Rights Commission.

dl ~tal'csn;,rcr: /Dcc.1 7: M:I), I6: Mar, I4: Ma v, 14; M<1 y, I2· Nov I0· A
A!!::---- • I
O
I nr. 09 /fJr_f1.!:.Jml (2!J\'l••••ci.

. h punishment prescribed for Dowry Death ?
rl \\1JSIISI e
t, No, ·. / 6·. May. 15·, May. 14; Dcc.lJ; Dec. lll
.tns,n•r: [Dec. l -.
~
• ?
. \fura ,l\farn.age .
n,,nst ,s . ·er . The word .mum . 1I·tera 11 means , .
en o ment ' or •use' ln ·, 1 1
..\nS" • . . . . h . . · 's e a context , m~;i . 1
or.HY mam a!!e 1.e. a rnamaoe w ose duration 1s fixed i e a eriod r h 1.. --...lli.._
rem , tl . (M . · · o co a,,rtatrnn 1, ti'<~d
-
0, an a!..Tfc.>c.> menr ben, een 1e parties. ay, 18, Nov. l 5: Dec. JJ: Dec. 11J.
"' Define .-tgnare.

• A[lswer: Q1a, . 12: Nov. 091.
bl \\nar is the minimum working period for women to claim maternity benefit under the \farernit~
Benefit ..\ct ?
..\ns1rer : {Dec. 11 1-
ii 111ia1 is rhe punishment for abetment of Sati ?
Answer : In case where a woman commits Sati, then whoever abets the commission of ~m:h .1I
eilher directlr or indirectly. shall be punishable with imprisonment for life and shall aho ()(.' /ub~.:
for fine {Secrion 4 (1) of the Commission of Sati (Prevention ) Act. 1987. [June- ~-' ' ~1
: Define 'cbild' under the Child Marriage Restraint Act.
_-laf\ler : '.\fa, . 15: May. 13: Dec. 12: Nov. 10; Apr.09; Nov. 061.
Q. 1: \\ rite short notes on An , Four : = 10.

aJ erua/ harassment of women at workplace.
b) Right of maintenance under the Hindu Adoption and Maintenance Act.
tJ Grounds of Termination of Pregnancy by Registered Mcdirnl Prucririo111.•r.
dJ Jui eni/e Justice Board.
tJ Functions of Fam ii)' Court.
fJ Important provisions of CEDA W.
<1. J: An~~e
--'- r n,
A ·r woof the following h) givint:, rcaso11s: =
Jl
-·
AJ A brCJfbtJ wa11 raided by police. M,:tn}' }'UUIIJ.! fadic11 aud lno ~irh agt•d 12 )t•u r, aml IO )t•:Jn
:t~pective/y were found. · ·
:t Who h liable: fur ~unishm c11t ~ Give n ·a/1011 ,·.
An What arc the provisio11s in fa w for IU amt 12 yc,1n ~irl'i '!
swer~: R .
~ r. rn ~ ,,. J - Nov. l_{,JJIJ· Mil;_. I<, (t:J~ 1,11. I.J (.tl 1:,\l,·t\ , ll.'d
•t
. l;1_-. I~
-
B .. ~
) Meena b
.
1) Wbas been
. wo rk mg
' .
in a factory as an emp/o_yl.'c for la1.t tno yt•an.
ii) Wh:t kind of maternity benefits can Mccm, claim from her t·mplo) t·r '!
0
should Meena give notice to her employer '!
Law Relatin to Women & Children . 246. Author - Pro • Prakash K. Mo~
Answers : Re er uestion No. 3 - 16 b · Ma 15 b · Nov. 14

(c); Apr. 09 (b); Apr. 08 (b)].
C) Rahul, a Hindu male adopts a child without the consent of his wife Reena.
i) Can a husband adopt a child without the consent of his wife ? Give reasons.
ii) State capacity of a person to adopt child.
Answers: Refer Question No. 3 [May, 17 (c); Nov. 15 (b)].
Q. 4 : Answer in brief !An,1 FourJ :
a) Discuss the constitutional provisions for the benefit of women and explain how it
safeguards the interest and rights of the women.
b) Discuss the health and safety of women under the Factories Act.
c) Discuss the need of prohibition of immoral traffic in women and also discuss the main
provisions relating to immoral traffic in women.
d) Discuss in detail the provisions of Maternity Benefits Act.
e) Explain the offence of Rape under Section 375 of the Indian Penal Code.
f) Explain the provisions relating to Uniform Civil Code with relevant case laws.
[30]
[June, 2019 (20/6/19))
Q. J : Answer the followin g in not more than two sentences each : - 20.
a) State any two functions of the Human Rights Commission.

Answer: (Dec. 18: Dec. 17; May, 16; May, 14; May, 14; May, 12; Nov. 10; Apr. 09 for detail
answer].
b) Define Stridhan.
Answer : [May, 16; May, 1S: Dec. 13; May, 13; May, 12: Apr. IO; Apr. 09; Nov. 061
c) What is a shelter home ?
Answer : [May, 16, May, 17].
d) What arc ' in camera proceedings'?

Answer: [Dec. 18; May, 17: Nov. 15; May, 14; Dec. 11 ).
e) What is Polygamy ?
Answer: [Nov. I6!.
f) Define Dower or Mehr.

l tin to Women & Children. 247. Author - Pro . Prakash K. MokaL
Law Rea
Answer : (Dec. 18; June, 18; May. 18; May, 16: May, 15; Nov. 14; Dec. l2; Dec. 11 ; Apr. 10;
_May, 07; Nov. 06).
hat is Judicial Separation ? . . _ .
g) W A wer : Judi cial process 1s a legal process by which a mamed couple ts formally separated,
d n~ite being legally married. It is often known as divorce from bed and board. The separation is
_esnted in the form of a Court order. The grounds of judicial of separation are the same as grounds
~ aDivorce provided under Section 13 of the Hindu Marriage Act, 1955.
h) What is maintenance pendente lite ? . . . .

Answer : It means the maintenance dunng the pendency of the pet1t10n. Under Section 24 of the
Hindu Marriage Act, 1955, In any suit or proceeding pending before the Court, when on
a Jication of the wife or husband if the Court finds that the a licant has no inde endent income
sufficient for her or bis support, the Court may order the respondent to pay to the applicant such
monthly sum as it may seem to th je Court to be reasonable.
i) When can a Hindu married ·f emale adopt a child ?
Answer: (May, 14; Nov. 08).
j) What is the punishment prescribed for dowry death ?

Answer: [Dec. 18; Dec. 17; Nov. 16; May. 15; May, 14; Dec. 13; Dec. 12).
Q. 2 : Write short notes on Any Four : = 20.

I} Talaq-E-Tafweez.
2) Parsi Matrimonial Courts.
3) Permanent Alimony under Christian Law.
4) Residuary Legatee.
5) Domicile by Choice.
6) Fiqh.
Q. 3 : Solve Any Two of the following : = 12.

a) Seema is working in a factory since 2015. She is seven months pregnant.
i) Can Seema claim maternity benefit ? Give reason.
ii) When should Seema give notice to her employer to claim maternity benefit ? And what
will be the effet if not given ?
Answers: Refer Question No. 3 {Dec.18: Nov.16 (b); May, 16 (b ),· May, 15 (b); Nov.14 (a );
Dec.12 (c): Apr.09 (b); A pr. 08 (b)l.
:~ Rahul and Renu have been married under the Hindu Marriage Act, 1955. Rahul does not give
•vorce to Renu, and with her permission marries Sony for the child.
i) Is the marriage between Rahul and Sony valid ? Give reasons.
Answer : No, the marriage between Rahul and Sony is not valid. Because, under Section 5 of the
Act, one of the condition for valid marriage is that neither of the party to the marriage should have
fil?Ouse leaving at the time of marriage. Rahul cannot marry Sony even with the consent of his wife
Renu. Thus, the marriage with Sony is bigamous marriage, and therefore it is a void marriage
under Section l 1 of the Act.
ii) Can child be considered as legal heir of Rahul? Why?
Answer: Section 6 (1) of the Act provides that any child of a void marriage begotten or conceived
fil!fore a decree of nullity is made, shall be deemed to be the legitimate child of the parties, though
Law Rrfar;r, to Womer, ..~ Children . 248. Author - Pm. l'rakasJ, K. Mok"'·
:;uch child shall not he cntitkd to any ri µ,ht in or to lh£.J)ro 1cr_!y_Q_f a_n_y_plhcr Jcrson, other llill_n lhc
parents, in 311, . case where, but for the passing. l!L!bis Act ,_ such ch1_ld would h?~c been ins:a12,abl c
1..)f posscssin~ or al'quiring, :m y s\11..'h ri g.his by reason of Im; not b ~le lcg1l1malc_shild gf_hjs
pnrents.
c) Ali gan' dh·orcr to his wifr An_jum.
i) Will Anjum follow lddat ? Give r easons.
Answer : Yes, it is conwulson1 for Anjum lo observe lddnt if the marriage is consummated. The
pt'riod of lddat in this case is four lunar months and ten days. -
ii) Can Anjum immediately remarry after divorce? Give reasons.
Answl'r : No. She cannot remJrry immediately after divorce. The observance of lddat by the
diYorct'd " ·oman is made compulsory under the Muslim Law. Therefore, it is after lhe competiti;
of Iddat period only, she can remarry another man. -
Q. 4 : Answer in detail Any Four of the following : - 4!

l ) Discuss in detail the functions of the Family Court.
2) Discuss the Constitutional provisions for the benefit of child and explain how it dafeguards the
interest and rights of children.
3) Explain the concept of Unifom, Civi l Code with relevant case law.
4) Discuss in detail the grounds available to women for divorce under the Muslim Law.
5) Explain the object and important provisions of the Pre Natal Diagnostic Technique Regulation
and Prevention of Misuse) Act.
6) Discuss general rule of succession in case of female Hindu.
[31]
[December, 2019 (04.12.19)]
Q. I : Answer in T,,o or Th ree sentences : = 20.
a) What is an obj ect of Women Police Station?

Answer : The object of women police station is to rcgiter and investigate crimes and cases of
, olence against women. All the officials at such police station arc preferabl y fomales. where the
women victim~ find themselves being treated comfortably.
b) What docs word ' ubetment' mean in abctmcnt of suicide'?

Answer: Under Section 4 (2 ) of the Commission or Sati (Prevention) A1.:t, 19l\7, ·"b,·tm,•,,j_
mc:an~ 1<1 in~tigatc or provoke a woman din.:ctly or indirectly_ to becomQ.$ati .
c) What docs cxprc:1,sion 'quick with child' mean '!
Arn,wcr: [Ma y. 061,
d ) Doe!. a child have any ri~ht in joint famil y propert y untlcr voitl 111arria1-:t• '!
AnflW<!r: !April, 20051,
e) What i~ a presu mption in case of ~imultanco us tlcalh '!

-
Lo"' Re/afi,rg to Women & Childre n . 249. A utlwr Pro/: Praka!ih K. Mokal.
Answer : Unde r Sectio~ 21 _of the Hi~du Succession Act. 1955, where two persons have died.
in circumstances rende ring it uncertain w hethe r either of them. and if so which s urvi ved the
other then, fo r all purposes affecting success io n to prope rty, it shall be presumed, until the
contrary is proved, that the you nger surv ived the elder. In other words, elder died first and
younger died later.
f) According to Muslim Law state the circumstances of Fasid Marriage.
Answer : i) Absence of w itnesses. ii) More than four wives. iii) Marriage with a woman
under!!o ine. Iddat. iv) Unlaw ful conjunction. v) Difference of religion.
g) \\'hat are basic ingrediants of valid Hiba under the Muslim Law ?
Answer : i) Hiba (gift) must be made b y a person who is Muslim adult of sound mind; ii) There
rnust be a declaration made in clear words b y the donor to make a hiba (gift) ; iii) It must be
accepted by the donee: iv) The property must be delivered to the done. The donor must put the
donee in possession of the property.
h) \\'bat is 'brothel' under the Traffic (Prevention) Act ?

Ans·wer: [Nov . 16: May, 13 ; Dec. 12; Nov. 10; Apr. 09; N ov. 06; Apr. 05].
i) State the meaning of 'child in need of care and protection'.

Answer : Under Section 2 (d) of the Juv enile Justice Act. 2000, ' child in need of care and
protection' means i) a child who is found without any home, or settled place; ii) a child w ho is
found begging: iii) a ch ild who is m entally or ph ysically challenged or ill child : iv) a child w ho
does not have parent or the parent is unfit to exercise control over the child. etc.
j) List the orders that cannot be passed against :a juvenile who is in conflict with law.
Answer : [Dec. l 7; May, 17; May, 16: Dec . 13; Dec. 11)
Q. 11 : Write s hort note s (Any Four) : = 20.

1) Cruelty under Section 498-A of JPC .
2) Special grounds invoked by Hindu woma n fo r j udicial separati on.
3) Capacity of Hindu fem ale to adopt a c hild.
4) Rights of M usli m wom an regard ing '' D owe r'.
5) Contracting capacity of m inor.
6) Right to education.
Q. III : Solve (Anv Two) : = 12.

a) ln a school d uring admiss ion process, teache r re fus<:s lO acce pt signalur~ or 1110the r 0 11 admiss ilm
fo rm, a nd insisted to have signature o f fa ther a!> ht: is al ive.
i) Can school do so '! why '!
Answer : No. school cannot do so. Beca use, eithe r the fa the r o r rn otht: r ca!L~X~!"t:isc th1..· i1_-__gar\•11tat
right on behalf of their chi Id.
ii) State the provision s in law for the above situation.
Answer : In the absence of the fa ther, mo ther cttn excn;isc her ri •lit a~ ~1 g_~li,trdiun ut' her l.." hiltl
Feminine jurisprudence h as accepted that child <.:iHI he lli@c<J 11 ~1 u 11l y a ll~r l1is iil.UJ.1:2.r hut a lsn h i,i
mother.
Law Relatin , to Women & Children . 250. Author - Pro . Prakash K. Mokal.
b) By advancing certain amount to doctor, Amita's mother in law dete~ines the sex of fetus .
Amita's womb. She forced Arnita to tem1inate her pregancny. As Arnita refuses to do s 1n
secretly gave some medicines because of which her pregnancy got terminated. o, she
i) Who are liable for punishment ? What will be the punishment?
?
Answer : Under Secti_on of the PNDT Act, 1994. detennination o~ the sex of f~tus in womb i
prohibited. The termmatton of a pregnancy by a person who 1s not a reg1stere~d -s
. 1\ . h . . . " ~
practitioner shall be an ofence punishao e wit n gorous 1mpnsonment ,or a term which shall
be less than two years but which may extend to seven years and shall also be held liable t o ~
ii) State the condition when a woman can use Pre-natal diagnosis techniques ? __,
Answer : Pre-natal diagnosis techniques can be conducted for the purposes of detectin _
abnormalities of the chromosomes: b ) any genetic metabolic disease; c) any sex linked ~
disease; d) any congenital anomalies, etc. - fSection 4 (1 ) of the Act]. · -t!£
c) Before receiving dower, Salma's husband met with accidental death.

i) ls Salma entitled to dower ?
Answer : Yes, she is entitled to dower. The <lower becomes confirmed by the consummation of
marriage, or by a valid retirement. or by the death of either the husband or the wife.
ii) Can Salma r enunciate dower ? Give reason.
Answer : Yes, she can renunciate or remit the dower or any part thereof in favour of the husband
or his heirs. Such remission is valid though made without any consideration. But the remission
must be made with free consent.
Q. 4 : Answer in detail Any Four of the followin g : = 48.

l ) Explain the ingredients required to prove the death as Dowry Death.
2) Explain in the tem1 Maintenance under Section 125 of Cr.P.C. with reference to
maintenance of children and wife.
3) State the essential conditions of Hindu Marriage.
4) State different grounds of divorce for Muslim wife according to the Dissolution of
Muslim Marriages Act, \939.
5) Explain the benefits received by women under the Maternity Benefits Act.
6) "Prohibition of Child Labour is an important step taken by law for development of
children''. - Explain with the help of case law.
[32}
[May, 2020 Exam cancelled due to Covid-19] --
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·_r_e_n_._ _ _ __ 2=5=1=-=._ __ _.£.A!..!u~t!. !.h~o!..r.=
- :2Pl...!r~o~.:..;P[.;r~a!!.k~a~sh!!..l,~-.l.t..f.~!£!a~.
iaw Rel_!!.tm
University guidelines MCQ Pattern for Online Examination_

in a Writ Petition filed by th~ ~ni_versi_ty G; am Co~ ission of India against the decision of the
mment of Maharashtra an mverstty o Mumbai, the Supreme Court directed the University
State Gobv~ to conduct Exams for the Final year 6th Sem . Exam. in the m onth of October 2020
rMum al . . . . . , .
o . w of the said order of the Suprem e Court, Umverstty of Mumbai issued· guidelines on gth
I ln vie
· b 020 for organi·zation· of f ma
· 1 Semester /Y ear students for Mumbai University's Academic
Septem er, 2 . . b kl
!9-2020 and their van ous ac og exams.
Yearor20 roper organizat10n · of examinations,
· · t h e U nrvers1ty
· · h as prepared streamwise clusters of colleges
2
•dF p college in each cluster as the lead college has to carry out the responsibility of planning the
an one . h U . .
•nation as determined by t e n1 vers1ty.
exam1 . . . h Id b
3 _The schedule of onlme t~eory examination c; ou e ~rep_ared by the lead college in consultation with
lhe colleges in the clust~r in such a way that the exam~nat1 on of all the colleges in the cluster will be
conducted at the same time and all colleges shou ld b n ng this schedule to the notice of the students.
University also directed that all theory exam::, ~hould he completed by 17th October, 2020.
4. All final te1m theory exams should be conductc<l ba:::.cd on the syllabus taught in the college till l3lh
March, 2020.
s. All theory examinations will be conducted onlinc wi1h Multiple C hoice Questions as decided by the
University Authority.
6. All online theory exams will be cond ucted fo r a period of one hour for 50 marks. These 50 marks will
then be converted into the 75/80/100 mark:- a::, prescribed by each subject. MCO fonnat will not be
eligible for revaluation.
7. As the theory examination is conducted in the fo m1 of Mull iple Choice Questions, each college should
infonn its students that Revaluati on cannot be fac ili tated.
8.Under the guidance of the Dean of the University. Associate Denn and Principal of Lead Colleges, a
Question Bank will be prepared for each subject (Marathi/ English m~dium as per the required medium)
w~th the help of the college teachers and with the help of technology Multiple Choice Question Paper Sets
will be made available for the examination.
9· In order to facil itate smooth cond uct of the exams and enable the students to solve Objective or
Multiple Choice Questions, the University of Mumbai has provided sample Question Papers With
Solutions for Three Year Course 6 th Sem. Five Year Course 10 th Sem. Exam. to be held in the month
ofOctober, 2020.
frhmaybe noted rhat the respective colleoes in the cluster has conducted their
· KT and ReguIar Exams · .
111
~ e month of October, 2020 and set th; Question p aper considering the Syllabus completed by their
rofessors. -
According/
h Y, 1 e Question Pap er consisted of 25 Questions for JOO Marks wit· h mt
h " h e given
· (,me O f 0 ne
1i/:arks(20each
MCQ 's each for 4 Marks = 80 Marks & 5 Single Sentence Answers or Descriptive Answers for
== 20).
~- 0,r
their ;:uy _of Mumbai has directed respective colleges to ass ign 40 Marks to their s~udents on the b~sis J
Co//e toria/s and journals completed by them or their performance in the pract1cal exams held m the
U. ge.
niversity
consisted o~~ Mumba! has set the Question Paper f or r~maining 60 ~~-
1Mark - 'J _Q Ouestwns for 60 Marks within the given nme of One an
k
a-
:l~:ur'(~~ J~Q
d h· Q t · Paper
~;:ach for
- JO Marks & 10 Descriptive Question each for 3 Marks - JO Marks).

I I
~
11
Law Relatin to Women & Childreft. 252. A11tlror - Pro . Pmkasl, I( 111
. ,,,, oka/.
II
I
I
..
I '/
l
[33]
[December, 2020 (24.12.2020) Online K. T. Exam]
--
I Time : 11 am. to 101n. Marks: 60
~
I ---...
N. B.:
Due to COVID 19 pandemic, the December, 2020 Exam was conducted Online by tl
respective cluster colleges on the basis of the University guidelines given above. It may ~:
noted that all the 20 MCQ's for 30 Marks (each for 1/ 1-2 marks) and 10 Subjectiv
Questions for 30 Marks (each for 3 marks) appeared in this Exam have been included i~
the present Book on "Law Relating to Women and Children".
Thus, this Book is complete an,d exhaustive, no need to refer to an,y separate MCQ's
Question, Bank.
The MCQ' s and Subjective Questions provided for December, 2020 Online K. T. Exam
are as follows -
Answer the foUowin2 Multiple Choice Questions by choosing the correct Answer (Marks 30) :
}f.nswers t;o a£[ tlie foffuwi.11{J QJi.estion.s are given at tlie end.
1. No child under the age of 14 years is allowed to work in hazardous industry under Article :
a) 15 (3).
b) 23.
c) 24.
d) 45.
2. Testimony of the child is -

a) Always allowed.
b) Never aallowed.
c) Allowed only if the child can understand the question.
d) Allowed only if the child can answer all the questions.
3. "Women employees in Indian Foreign Service must take prior permission of the Government ,
before getting married". This rule has been stru,ck down in -
a) Shah bane Case.
b) Husainara Khatton Case.
· c) Nargeesh Mirza Case.
d) Muthumma Case.
4. The custom of "Sati" was first banned in 1929 due to the efforts by -
a) Mahatms Phule.
b) Indira Gandhi.
c) Raja Ram Mohan Roy.
d) Mahatma Gandhi.
10 u 10 111e11 & Children . 253
oe/11/ilt
/,(1,., "- ' · II "thor - Pro . PrukaJh K. '-./ k L
.. I} 0
onlY Intcrnntional Organization specincally aiming tr, pmtect rig.bh of child;, -

5 ff1C
. wrJO,
i1) uNJCBf.
b) uN£SCO,
c) 0
d) IL · Board is constituted under -
Welfare
6 Child . 's Act I 960.
. fhe Children_ (C;re and Protection of Children) Act, 2000.
) st
~) Juvenile Ju :~ards Act, 1890.
dians an 4
c) oua~ court Act, I 98 .
d) fainilY • .
o·ssoJuton of Muslim Marnages Act, 1939, the Muslim ~ife can seek divorce on th
(Jnder the J e
7, . rounds -
foUow1ng g. . 1·ng for four years or more.
d 1s miss .
a) }Iusban . tain for a penod of one year.
·1 e to roam
b) fa1 u_r t for three years.
c) J.rnpnso~men
d) BigamY-
. t J venile" under the Juvenile Justice (Care and Protection) Act. 2000 means _
8. "Delin~uenh Uhas been abandoned or abused by its parents or relatives.
a) aJU . who ·s alleged to have corrurntte
· vemle · d a cnrne
. ~nd has not competed
I 18 y~ ot· aoe.
. venile w o I . d . =>
b) !
8 0
. . titution where persons in of correction are etamed.
c) aJuvenile ins . .
for trial of1 uvemle cases.
d) a court
9. "Amniocentesis" Test is -
a) Test to determine health and ~ex _of f~etus.
b) Test to determine ketone bodies m unne.
c) Test to detennine breast cancer.
d) Test to detect HIV.
IO. Invalid or Jrregular marriage is known as -
a) Batil marriage.
b) Muta marriage.
c) Sahih marriage.
d) Fasid marriage.
ll. The Convention on the elimination of all forms of discrimination against women was adopted by
the U.N. General Assembly on -
a)is: December, 1979.
b) 15th December, 1978.
c) 18 December 1979
d) I gth ' ·
December, 1978.
12, The expressio 0 ' . k . .
a) To take i • quic with child ' means -
b) Stage Of mmediate custody of the child.
pregnancy h •
c) The guard· fi w ere motion of foetus can be felt.
d) None ofth•an bor th e 'minor' appointed by the court
ea ove. ·
Law Relatin to Women & Children. 254. Author - Pro . Prakash K h
• ,r1.okQ/,
13. Punishment for dowry death is -

a) Death punishment.
b) Imprisonment not less than 7 years and may extend to life.
c) Imprisonment upto to 10 years and fine upto Rs. 50,000/-
d) No imprisonment, only fine.
14. Which Section of the IPC deals with the intention to insult the modesty of a women ?
a) 304.
b) 376.
c) 504.
d) 509.
15. Which of the following Article of the Constitution of India provides for equal pay for equal
work for both men and women ?
a) Article 39 (c).
b) Article 39 (d).
c) Article 39 (b).
d) Article 39 (a).
16. In case of a Hindu woman dying intestate, if two or more heirs succeed together to the property,
they shall take the property -
a) Per capita.
b) Per stirpes.
c) Per family.
d) Per heir.
17. Where a husband charges his wife of adultery and the charge is false, his wife is entitled to sue
for and obtain divorce which is -
a) Khula.
b) Lian.
c) Mubara'at.
d) Zihar.
18. A de facto guardian of minor is -

a) a guardian appointed by the Comt.
b) a natural guardian.
c) a person who himself takes over the management of the affairs of the minor.
d) a legal guardian.
19. "Child" under the Child Marriage Restraint Act, 1929 means -
a) If a male, has not completed 21 years of age, and if a female, has not cpmpleted 18 years of age. f
b) If a male, has not cpmpleted 18 years of age, and if a female, who has also not completed 18 years 0
age.
c) If a male, has not completed 18 years of age, and if a female, has not completed 2 1 years of age.
d) If a male, has not completed 21 years of age, and if a female, has also not completed 21 years of age.
20. If the adoption is by a female, and the person to be adopted is a male, adoptive mother should be
how many years older than the person to be adopted ?
a) 18.
b) 2 1.
Latina to Wom en & Children . 255. Author - Pro . Prakash K. Mokal
c) 14.
d) 16. .
A nswers :
~ - 4-c. 5-b. 6-a. 7-a. 8-b. 9-a. 10-d. 11-c. 12-b. 13-b. 14-d. 15-b. 16-b. 17-b. 18-c. 19-a. 20-b.
the followino descri tive uestions Marks 30 :

A!!swer
I 1. I
mportant provisions of CEDAW ..
. .
Suits by and aga10st mmors.
; : Rights given to children under th~ ~?ited Nations Convention on the Rights oftbe Child, 1989.
I 4. Aims and objects of Dowry Proh1b1t1on Act, l 961.
s. Right to education.
I 6. Suit by or against minor.
7. Natural guardian of a child.
\ s. Rights of Muslim woman regarding " Dower'.
I 9. Sexual harassment women at work place.
10. Coparcenary and inheritance right of unborn Hindu child.
[34]
[June, 2021 (25.06.2021) Online Regular Exam]
Time : l l am. to 1om. Marks : 60.
The MCQ's and Subjective Questions provided For Jun·e, 202 1 Online Regular Exam are
as follow s -
Answer the fo llowing M ultiple C hoice Questions by choosine the correct Answer (Marks 30) :
ftnswers to a{[ tfie foffowino Questions are given at tfie e,ul.

l . State can make special provisions for wo men.
a) Statement is true according to Article 15 (3) of the Constitution of India.
b) Statement is false according to Article 15 (3) of the Constitution of India.
c) Statement is true according to Article 15 (4) of the Constitution of India.
d) St atement is true according to Article 15 (2) of the Constitution of India.
2· According to M aternity Benefits Act, how many days a woman has to work in an establishment
to be eligible for maternity benefits ?
a) 80 days in the past 12 months. ·
b) 160 days in the past 12 months.
i ~O days in the past \ 2 months.
) 80 days in the past 12 months.
!:::Ul!!!"~'llR~
e!!:
la!!..!
ti:!!nA:..g.!.!t()!...!!n~·()~m!!.r!.!..n....!:&~ . _ _ ____.!l~5~
· ~C.!!h.!.!.ildr<"~n..!.
!!.J (l!-.- - - - ' ·--=-4!.:.;ut,.,_,l,=o.,_
r _- --=-r..,_r.,._,ol'-'-.-=-r......m:..:..:~..!.!.-a!.!.!.,!.!.
h...!h.!.!.
·•..i.:!ll!.1o
~11_~Jl1
3.Which of the follo"ing landmark c-ur leads l'o amrndmrnt in CT"iminAI Law In thr rr11r 19RJ ?
a) \1ukesb & Am. " s. State Qf ~e" Ddhi nnd OTT-.
b) Husainar.i KhatQC'n & 0Th. " ~- H0me Se-rret1try. State of Bihnr.
c) Sheela Barse Y s. St-:ilc ""'f ~vtaha.rashtnL
d) Tukararn & ..\nr. , s. Stsre "'f Mabarashtr3.
-'· '.\lulsim W omen (Prott"Ctioo of Rights on Marriage) Act criminalisrs -
a) Khula.
b) Mubara·aL
c) Talaq-a-sunnaL
d) Talaq-a-bidci.aL
5. Row much punishment is prescribed for a person who is lh"ing on the earnings of a minor
prostitDte according to Setion 4 of the Immoral Traffic (Prevention) Act. 1956 ?
a) lmprisonme.nt for a tenn which may extend to two years. or a fine which may extend to one thousand
rupee5 or with both.
b) Imprisonment for a term which may extend to three years, or a fine which may extend to ten thousand
TUpee5 or \\i th bom.
c) Imprisonment for a term of not less than seven years and not more than ten years.
d) imprisonment for a term of not less than three years and not more than seven years.
6. Tbe object of ;\ledicaJ Termination of Pregnancy Act is -

a) to give rights to all females on]y.
b) to pro\·ide for the termination of cenain pregnancies by registered medical practitioners and for matters
connected threwith or incidental thereto.
c) to protect male children of the family.
d) protection of pregnant females onJy.
7. The concept of Triple Talaq under Muslim Law is-

a) approved form of t:a.laq.
b) mostly approved form of talaq.
c) protected fonn of talaq.
d) mostly disapproved form of talaq.
8. lf a female Hindu di~ intenate leaving behind her two children and her parents, her property
will be dh ided amongst -
1
a) her parents only equally.

b) her children only equally.
c) her parents and children equally.
d) her son only.
9. Under which Act. female can ai.k protection if she is subject of cruelty by her guardians '?
a) Hindu Marriage Act.
b) Hindu Succession Act.
c) The Protection of Women from Domestic Violence Act.
d) Hindu Adoption and Maintenance Act.
10· If a Christian woman wants to claim succession from her husband's intestate property, which of
the following laws is applicable ?
a) Christian Succession Act.
~e{(1fi11g to If nmr 11 &. C/1ildrc11 . 257 f utlwr Pr r,f. Pml<a, h K. l;fnkal.
b) ('hn-.ti:in Mnrrrn gc 1\ ct.

c) lntl1:1n S11cccc;<.1<m /\cl
d) ('hnc;t,:rn o ,-.on:c 1\ ct
1. \indrr the Indian ('on,titution ,pedal provi,inn,; c:1n bt m.1de fr,r wom,n nd childr~n urufer
1
which of the following Article, '?
:i) i\rt1clc l•L
h) /\t1iclc 15 (3).
c) Article 16 (4).
ct) 1\ rticlc I 7.
12. When prosecution for an orfence under . ection -4 nf Cnmmi'5'1iQ n ,,r ari t t>nvenrio nJ \ ct, l'nr
or not havin~ co mmi tted the offence li-e<- on wb1Jm of 1h-e foL1-0,.-1n~ :
t 11 kes pince, the hurden of proof
3)The State.
b) Thi! accused.
c) In-laws of thi.: accused woman.
d) Witness.
13. "Sexual harassment" includes which or th e following acts -
a) Sending birthday gift to a fomak cmployet:.
b) Scolding female employee for committing a m 1stak1::.
c) Offering promotion/raise in return fo r se:cual favour...
d) Selecting a lady fo r reward on her meril, .
14.'The term of the office of the members of ~ational Comm issioa for \\ omen i liall b~ -
a) 2 years.
b) 10 years.
c) 3 years.
d) 7 years.
15. In special circumstances, the court can im pose a 5ieoceuce of lmprist>omeoc ior uprn - - mi)oths
for the offence of offering dowry through ad, ertisemeoc.
a) 6.
b) 8.
c) 7.
d) 10.
16. For the medical termination of pn:go1tnc~ of t1 adult " oman in St>uuJ beilltb. ,,bw.e consent is
mandatory 11mong the following '!
a) Only the woman concerned.
b) The woman aml the father of 1he unb1., m.
c} The woman, her parl'nls and the father ~,r 1he unb~,rn
d) The wonmn and hor in-laws.
11. Which of the followin~ 1.·1111 pro, ide n•Jn•ssitl. lu ,·ase of ll feuuak llomesrk \\Ofkl'r flies u seiu:11
hurussment complulnt 1tg1llnst h-.·r tmplo~ er ·.•
u) Women's Cdl.
b) l11lcnml (.'omph1111L-; t\1111m1ll1.'C.
c) 1.ocul (\m1plni11ts l\l111111illc1.·.
d) Managing CV1.>1111111llcc.
258. ,4111/wr - Pro. Prakash K. Mokaf.
• th Eli'mi'nau·on of .\II forms of Discriminution nj!ainst Women (CEDA \\7\
18. The Com·enhon on c · ~ . ,,
was adopted by the Llnited Nations Grncral Assembly in -
a) 1981.
b) 1975.
c) 1979.
d) 1983.
19. ~ CW stands for -
a) National Council for Women.
b) 1arional Comminec for Women.
a) 'ational Commission for Women.
a) National Congress for Women.
20.Wbich among the follo,,ing constitutes "'sexual harassment" according to the Sexual Harassment
at Workplace (Prevention. Prohibition and Redressal) Act, 2013 ?
a) Unwelcome physical contact and advances. or unwelcome sexually coloured remark.
b) Trafticking.
c) Acid attack.
d) Robbery.
Answers:
I-a. 2-a. 3-d. 4-d. 5-c. 6-b. 7-d. 8-b. 9-c. 10-c. 11-b. 12-d. 13-d. 14-c. 15-a. 16-a. 17-b. 18-c. 19-c. 20-a.
Answer the following descriptive questions [Marks 301 :

1) Need for Uniform Civil Code ..
2) Minors agreement.
3) ObjeclS of Medical Tennination of Pregnancy Act.
4) Commission of Women.
5) Aims and objectives of Dowry Prohibition Act.
7) Cruelty under Section 498-A of lPC.
8) Special grounds invoked by Hindu woman for judicial separation.
9) lmponant provisions of CEDAW.
10) Capacity of Hindu female to adopt a child.
{35]
[December, 2021 (27.12.2021) Online K.T.Exam]
Time: 11am. to 1 um. Marks: 60 _.!.
The MCQ's and Subjective Questions provided For December, 2021 Online K. T. Exam
are as follows -
Answer the following Multiple Choice Questions bv choosing the correct Answer !Marks 30U,
-
{, (111 1 .R(! l(l
ting tn Wom en & C/lildr e11 . 259. A ulh or - Prof. Prakash K. 1Wol<al
'Witli Vnaer{inetf.Answers
t. A Fnmily Court s hall not have jurisdiction exerched by the -
) District Court.
~) Subord inate C i~il Court.
c) Magistrate of First C lass.
d) Sessions Court
2. Which Court shall try an offence under the Dowry Prohibition Ae1. I 9,61 ir the offence is
committed in Mumbai?
a) Judi cial Magistrate First Class.
b) Metropolitan Magistrate.
c) High Court.
d) Family Court.
3. An offence committed by a child below 15 years of age sbaJJ bt> tried by -

a) Children's Court.
b) Juvenile Justice Board.
c) Magistrate 's Court.
d) Child Welfare Committee.
4. Offence committed under the Chuld Marriage Restraint Act. 1929 s hdl not be -
a) cognizable.
b) tried by Judidal Magistrate First Class.
c) investigated as per the Code of Criminal Procedure.
d) non-cognizable.
5. Which of the following is not gender-based violence ?

a) Prostitution.
b) Fernal infanticide.
c) Sex-selective abortion.
d) Culpable homicide.
-6. No child under the age of 14 years is a llowed to work in hazardo us indusr~ under An.icle -
a) 15 (3)
b) 23
a) 24
a) 45
7. Testimo ny of the child is -

a) always a llowed
b) never allowed.
c) allowed only if the child can understand the quest ion.
d) allowed only if he can anser all the questions.
8. Child Welfare Board is constituted under -

a) The Children's Act, 1960.
260. Autlior - Pro . Prakash K.
. tection of Children) Act, 2000.
b) Juvenile Just\ce (Care and Fro
c) Guardians and Wards Act, lS90.
d) Family Court Act, l9M.
. . . t a son provided the age difference between them is of_
9. An unmarned Rindu g,r\ can adop
a) 12 & ha\f years.
b) 21 years.
c) 18 years.
d) 15 years.
10. Right to education is given under Article -

a) 21.
b) 21-A.
c) 39 (b).
d) 41 .
11. Under the Hindu Marriage Act, 1955, children are legitimate if born out of -
a) only va\id marriage.
b) on\y void marriage.
c) only voidable marriage.
d) valid, voidable and void marriages.
11. Article ...... of the Constitution of India provides equal justice and free legal aid.
a)42.
a) 44.
a) 3&-A.
a) 39-A.
13. Punishment for dowry death is -

a) imprisonment for not \ess than 7 years and may extend to life.
b) death punishment.
c) imprisonment upto 10 years and fine upto Rs. 50,000/-.
d) imprisonment upto \ 0 years and may extend to life.
\4. Artic\e ........ of the Constitution of India provides for prohibition of immorl trafficking in
human beings.
a) 45.
b) 23.
c) 39-A.
d) 4\.
\5. The Chairperson of National Commission of Women shall hold office for such period not
exceeding -
a) one year.
b) five years.
c) three years.
d) two years.
fdL_[!!W!JR!!le~l~at!!!b~,g~to-"'Wi;.;. . .;. o....
111e_n_&_C_J_,i/_d_re_n_.
___ -----=2~6~1.~----..t.A!.!i!!lt!!ho!l!,~t:..P~rouf.:...:Pr!r~a[[!k~as~huK~.J.M~
. O!?.Jk~ar1_l
16. Which Act wafsl edn~c~ed to give effect to the Directive Principles under Article 19 (d) of the
constitution o n ta •
a) The Matemity Benefits Act. .
Th~ Immoral Traffic (Prevention) Act.
b) . A
c) Toe Equal Remuneration ct.
d) Family Courts Act.
t7. Right to education is given under Article -

a) 21.
b)21-A.
c)39 (b).
d) 41.
18. Which Section of the IPC deals with the intention to insult the modesty of a woman ?
a) 509.
b) 354.
c) 304. ·
d) 376.
19. Which kind of Talak consists of three pronouncements made during three successive tuhrs ?
a) Talak-ul-biddat.
b) Talak hasan.
c) Talak-e-tafwid.
d) Talak ahas~n.
20. Chairperson and other members of the National Human Rights Commission are to be
appointed by -
a) The Chief Justice of India.
b) The Governor General.
c) The President of India.
d) The Prime Minister of India. The Chief Justice of India.
Answer the followine: descriptive questions !Marks 301 :

I. Contracting capacity of minor.
2. Objects of Pre Natal D iagnostic Techniques Act, 1994.
3. Judicial Divorce (Furquat).
4. Tortuous liability against unborn child.
5. Objects of the Medical Termination of Pregnancy Act.
6. Definition of Sati.
7. Equal remuneration to women workers,
8. Restitution of conjugal rights under the Hindu Marriage Act, 1955.
9. Cruelty by husband with reference to Section 498-A of IPC.
10. Functions of the Family Court.
Law Relati,rg to Women & C/rildren. 262. A ut/ror - Prof. Prakash K. MokaL
----..;;:.
quitfeti.nesfor tlie _ft{[Inaia c.Bar <£tamination:

The All India Bar Examination [A.I.B.E.]
After passing LL..B. Examination from any University in India, those who intend to practice as an
Ad,·ocate. will have to pass "All lndia Bar Examination" held by the Bar Council of India. The
Examination Question Paper is common to all the students of Law in India.
It will mainly consist of Objective Questions, such as multiple choice/Fill in the Blanksffrue or
False/Single Sentence Answer, Situation bases problems, etc.
In vie,r ofthe same, the Old pa.ttern of Question Papers is also retained in this Book. Syllabus for the "All
India Bar Examination" covers all the subjects of LL. B. course.
Students can make use of the all Law Books written by the Author for Five Years Hird, IVth and Vth
Yearrrhree Years Ist. llnd and lllrd Year. -
Ir is. therefore advised that, students should keep with them all the law books written by the Author, as the
same can be useful for the All India Bar Examination.
"Practical Paper-I"; "Practical Paper-II"; "Practical Paper-Ill" [i.e. Drafting, Pleading and
Conveyancing" D.P .C.] is also made available for the students of V year Course Fifth Year; and III
Year Course Third Year.
The Undertaking which is required to be given by the students before practicing in
the Courts in India :
Undertaking
I),_ _ _ __ _ __s/o/d/o_ _ _ _ __ .R/o_ __ _ _ __ _ _ _ __ _ _ _ __
Bearing Enrolment No. _ _ _ _ _ _ __ _ _ _ have been Enrolled in the State Bar
Council _ _ _ _ _ _ __ in the year_ _ __ . I have obtained law degree during the
academic year - ---'---· I have to apply to the next All India Bar Examination to be held on
_ __ Dec. 2012. ln term of Resolution No. 82/2011 passed by the Bar Council of India at its
th
meeting held on 4 September, 2011, I undertake that I will practice as an advocate provisionally
till I qualify the All India Bar Examination to be held in December, 2011.
I further undertake that in case I do not qualify the All India Bar Examination, I will not practice
as an advocate before any court in India until the time I qualify in succeeding/subsequent
examination.
Date : 20/9/2011 . Signature : _ _ _ __
Place: Mumbai. Name:
- - -- - -
Enrolment No. _ __ _
Address : _ _ _ _ __
This is for your information and necessary action.
Yours Sincerely,
(J. R. Sharma)
Officiating Secretary.

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yw Relating to Women & Children. 3. A uthor Prof. Prakash K. Moklll.

"LAW RELATING TO WOMEN AND CHILDREN"

Recommendations of the National Commission of Labour.

Law Relating to Women & Children. 6. Author - Prof. Prakash K. Mok9.k

Vniversi.ty <Etamination Pu([ Q!iestions & Shan ¾otes

[1] April, 2005 (Old Course)

13) Discuss fully the provisions of Maternity Benefit Act, 1961.

[1 OJ April, 2009 (Revised Co11rse)

[11) November, 2009 (Revised Course)

[17] November, 2012 (Revised Course)

[18) April, 2013 (Revised Course)

[20] April, 2014 (Revised Course)

[23} November, 2015 (Revised Course)

[24] May, 2016 (Revised Course)

(26] May, 2017 (Revised Course)

[27] December, 2017 (Revised Course)

[31) December, 2019 (Re,·ised Course)

[2] April, 2005 (Revised Course)

[3) November, 2005 (Revh,etl Course)

15) Commission of Women.

[4) April, 2006 (Revised Course)

[5] November, 2006 (Revised Course)

[6] April, 2007 (Revised Course)

[7] November, 2007 (R evised Course)

[8] April, 2008 (Revised Course)

[9] November, 2008 (Revised Course)

1OJ April. 2009 (Revised Course) .

[11) November, 2009 (Revised Course)

[12) November, 2009 (Revised Course)

[13] April, 2010 (Revised Course)

87) Distinction between Adultery and Rape.

[20] April, 2014 (Revised Course)

[21] November, 2014 (Revised Course)

[22] May, 2015 (Revised Course)

[231 Noi•ember, 2015 (Re,1ised Course)

[24] May, 2016 (Revised Course)

[25] November, 2016 (Revised Course)

(26) May, 2017 (Revised Course)

[27) December, 2017 (Revised Course)

[291 December, 2018 (Revised Course)

[30] June, 2019 (Revised Course)

(31] December, 2019 (Revised Course)

LAW RELATING TO CIDLDREN:

Convention on the Right of the Child, 1989 :

Children and the Indian Constitution :

Directive Principles of State Policy :

T~e Code of Civil Procedure, 1908 :

The Code of Criminal Procedure, 1973 :

The C~ild Marriage Restraint Act, 1929 :

Elimination of Discrimination Against Women :

Legislation concerning women :

Rights of Women under the Constitution of India:

Role of judiciary in upliftment of women :

Child Labour and Child Abuse :

Causes of Child A buse:

Role of Supreme Court in unliftment of Child :

2) The Children (Pledging of Labour) Act, 1937 :

3) The Factories Act, 1948 :

4) Plantation Labour Act, 1951 :