What is the purpose of the approved abortion law?
Illegal abortion is a punishable offense. Earlier, abortion was allowed only to protect the life of the mother. However, it was found that many times abortions were performed illegally and secretly by unregistered and unqualified doctors. This posed a threat to the lives of the women concerned and to the uterus. Therefore, this law was introduced to protect mothers by relaxing the abortion law a little.
In which cases was abortion banned under this law?
This law prohibited abortion in three cases. namely:
(1) Medical reasons: If the abortion is not performed, it will pose a threat to the life, physical health or mental health of the woman concerned.
(2) Humanitarian reasons: If the pregnancy of the woman concerned was due to some evil or if the woman is mentally retarded, then someone has taken advantage of her and committed a crime with her, as a result of which she may have become pregnant.
(3) Physical reasons for the child: In cases where there is a significant risk of the child being physically or mentally disabled if born.
In view of the above social and medical reasons, this law also recognized abortion in some cases.
When was this law implemented?
This law came into effect on 01.04.1972.
Who is meant by guardian in this law?
In this law, a person who is responsible for the care of a minor or a mentally ill person is called the guardian of the said minor or mentally ill person.
Who is meant by a mentally ill person?
A person who requires treatment for a mental illness is called a person with a mental illness. This does not include people with mental retardation.
Who is meant by a minor?
According to the Indian Juvenile Act, 1875, a person who is below the age of 18 years is considered a minor under this law.
Who is meant by "registered physician or doctor"?
A doctor who has obtained a medical degree recognized by the Medical Council of India, whose name is registered in the State Medical Register, and who has appropriate experience or skill in the field of gynecology and obstetrics will be called a registered doctor.
When can an abortion be legally performed by a registered physician?
According to this Act, a registered medical practitioner can perform an abortion in the following cases and it will not be an offence. For example:
• If the pregnancy has not exceeded 12 weeks, a registered medical practitioner can perform an abortion if necessary.
• When the pregnancy has exceeded 12 weeks but has not exceeded 20 weeks, in that case, if in the opinion of two or more registered medical practitioners, failure to perform the abortion would be likely to endanger the life of the woman concerned or to endanger her physical or mental health or if the unborn child is born, it would be likely to be physically or mentally disabled or abused. However, if the woman concerned has become pregnant due to rape, then abortion may be permitted under the law, if there is a reasonable risk of losing the woman's mental balance if the abortion is not performed. In this case, abortion may also be permitted if the pregnancy has occurred due to the failure of contraceptive drugs or birth control, and there is a reasonable fear that the woman concerned will suffer mental harm as a result of the unwanted pregnancy.
Is it necessary to obtain the consent of the woman concerned before performing an abortion?
It is absolutely necessary to obtain the consent of the woman concerned before performing an abortion.
If the woman concerned is a minor or mentally ill and unable to give consent, whose permission will be obtained before her abortion?
If the woman concerned is a minor or mentally ill and is unable to give consent, it is necessary to obtain her guardian's consent for her abortion.
Where is abortion permitted under this law?
According to this Act, abortion can be performed in a government hospital or any place recognized by the government or a district level committee constituted by the government. The Chief Medical Officer or the District Medical Officer will be the chairman of the said committee. The committee will have a total of not less than 3 members and not more than 5 members.
In cases where the advice of two doctors is necessary, can an abortion be performed under the advice of one doctor if time permits?
If the pregnancy is more than 12 weeks and an abortion is necessary based on the reasons given in this law, the advice of two doctors is required.
However, when the two doctors do not agree and the attending doctor feels that an immediate abortion is necessary to save the life of the woman, an abortion can also be performed on the advice of one doctor.
Is it a crime if an unregistered doctor performs an abortion on a woman?
It is illegal for an unregistered doctor to perform an abortion. If an unregistered doctor performs an abortion, it is illegal and he will be punished with rigorous imprisonment for a term of 2 to 7 years.
If someone gets an abortion at a place other than the one authorized by this law, will that be a crime?
If any person performs an abortion at any place other than the approved place, it will be an offence and the person concerned will be punished with rigorous imprisonment for a term of 2 to 7 years.
If an abortion is performed in an institution not approved by the government, will the owner of that institution be punished?
If an abortion is performed in an institution not approved by the government, it will be a criminal offense and the owner of the institution will also be punished for this offense, the period of which will not be less than 2 years and can be extended up to 7 years.
Who is meant by the owner of the place where the abortion was performed in this law?
The owner of the institution where the abortion was performed is understood to mean the chief manager of the hospital or institution where the abortion was performed, or the person who assumes all responsibilities of the said institution.
Who will formulate the necessary procedures or rules for the implementation of this law?
For the implementation of this law, the Central Government may enact necessary rules and regulations by publishing them in its Official Gazette.
On what matters can the Central Government make rules?
The Central Government may make rules regarding the qualifications and training of registered doctors who are qualified to perform abortions under this Act. It may also make such other rules as it may deem necessary for the proper implementation of this Act.
Does this rule require parliamentary approval?
After the Central Government formulates this rule, it must be passed by both houses of Parliament as soon as possible.
Does the state government have the right to make any rules or regulations for the proper administration of this law?
The State Government may, from time to time, make necessary regulations and may request any information relating to abortion from the registered medical practitioner concerned in the prescribed form. This information shall be furnished to the Chief Medical Officer of the State.
Do regulations made by the state government need to be approved by the state legislature?
The regulations made by the state government must be passed in the assembly as soon as possible.
If a person wilfully disregards or goes against the regulations made by the state government, will he be punished?
If any person violates the rules made by the State Government, he shall be punishable with fine for the said offence and this fine may be increased up to Rs. 1000.
If a woman is harmed or threatened with harm by a treatment performed in good faith by a doctor, can a legal case be filed against the doctor?
If a woman is harmed or threatened with harm as a result of any treatment provided in good faith by a doctor, no legal case can be filed against that doctor.
Is the government currently making any arrangements to bring about any changes in this law?
To make some changes in the approved Abortion Act-1971, the Central Government introduced The Medical Termination of Pregnancy (Amendment) Bill, 2020 in the Lok Sabha, which was passed in the Lok Sabha on 2-3-2020 and it was passed in the Rajya Sabha on 18-3-2020 but is still awaiting passage.
Are there any guidelines from the Supreme Court to protect the interests of women affected by this law?
The Hon'ble Supreme Court in the case of Suchitra Srivastava and Chandigarh Administration has ordered that the privacy, dignity and physical safety of the woman concerned should be given due respect in the case of abortion under this Act. In this case, the Supreme Court has said that the interest of the woman concerned should be given paramount importance in this matter.
Can an unmarried woman get permission for an abortion?
An unmarried woman can also get permission to have an abortion, just like a married woman. If the abortion is necessary for her physical or mental health and if the pregnancy was the result of sexual assault, then she can get permission for it.
Does a woman need to obtain her husband's permission for an abortion permitted under this law?
If the woman concerned is above the age of 18, then it is not mandatory to seek her husband's permission for an abortion.
How is it possible to have an abortion after 24 weeks of pregnancy?
Abortion after 24 weeks requires court permission. The court may grant permission if there are compelling health reasons.
How is this law an exception to the Indian Penal Code (IPC)?
Abortion is a crime under Section 312 of the IPC. But abortion is permitted by a registered doctor in certain emergency situations specified in this Act. Therefore, this Act is called an exception to Section 312.
Does this law give women the right to abortion?
No. This law does not give women the right to a public abortion. Abortion is permitted only in certain circumstances.
Who can seek permission to avail the benefits provided under this Act?
Only the woman concerned can ask for permission. Only in the case of a minor or a mentally ill woman who is incapable of making decisions, her guardian can ask for permission.
What is called child marriage?
The marriage of a boy or girl before reaching the legal age of majority is called child marriage.
What are the causes of child marriage?
The prevalence of child marriage is the result of a combination of economic, social, cultural and religious factors. Lack of education and awareness about the harmful consequences of child marriage and its adverse impact on the enjoyment of children's rights has led to the increase in cases of child marriage.
How does lack of education increase child marriage in India?
Due to illiteracy, people are unaware of the harms of child marriage. Early marriage leads to early pregnancy, which has a negative impact on the health of both the mother and the newborn. The girl child is deprived of education and other developmental opportunities, and lack of education only fuels the cycle of ignorance. The cultural and social acceptance of child marriage compounds the problem. It has been observed that areas where illiteracy is high are more likely to have child marriages.
Is there a law against child marriage in India? Is the public well aware of the law?
Yes, the government passed the law prohibiting child marriage in 2006. But it seems that most of the public is not aware that there is a law to prevent child marriage. There is a lack of awareness about the punishments for promoting child marriage and the steps that can be taken to prevent child marriage.
Is it the parents who give importance to educating the girl child?
Since girls are also expected to do household chores like cleaning, cooking, looking after animals and other household chores, no importance is given to their education. Most people do not want to educate their girls because they assume that since the girl will get married and go to her husband's house, she does not need education. This is the reason for the increase in illiterate girls in the country who are unable to work for a living and are considered a burden on their parents.
Are economic reasons responsible for child marriage?
In many cases, lack of resources and poverty result in children, especially girls, getting married very early, which also benefits their families in terms of money and social status. Therefore, they are always keen on getting their children married early.
How does lack of money and other resources lead to child marriage?
Girls are married off early as there is a social stigma that they are a burden on the family. This reduces the financial burden on a family, which means that there is less food for every mouth. Parents also feel that if they marry into a wealthy family, their daughter will be provided with all the necessary facilities and amenities.
What does Kanyadaan mean?
In some cultures, the groom's parents pay a small amount of money for the bride. The bride price is higher for a young girl, while it is lower if the girl is older. This encourages parents to get their daughters married as early as possible because it will help them earn some money and help with the family's expenses and needs.
How does dowry encourage child marriage?
Dowry is a gift in the form of money or other gifts that the bride's family gives to the groom's family. Although dowry is illegal and there are legal penalties for demanding it, it continues to be accepted by most sections of society. The amount of dowry usually increases with the age of the bride. This is because if the bride is of a certain age, she needs a man who is of a certain age and is well-educated. The groom and his family are more likely to demand dowry. Therefore, to avoid excessive dowry demands, families prefer to get their daughters married early.
Are religious and cultural reasons the reason for child marriage?
In India, the personal laws of marriage, divorce, guardianship, maintenance and alimony are based on religious principles. Child marriage is legal in certain personal laws. The first Hindu Marriage Act, 1955, does not invalidate or invalidate a child marriage. The maximum punishment is imprisonment for two years or a fine of one lakh rupees or a fine. According to Muslim personal law, a person is eligible for marriage if he has attained puberty, which is said to be after the age of 15. In addition to the sanction in personal law, social and cultural norms also create an environment where child marriage is not considered a mistake or a fault.
How does tradition in India encourage child marriage among different groups?
Some communities believe that it is good for the girl child and her family if she gets married early. There is a lot of pressure on the parents from the community to do so. If the parents do not follow the community customs, the parents are questioned by the larger community, which makes them feel isolated or questions are raised about the girl's character. In Chamarajanagar district of Karnataka, the sub-caste people believe that girls cannot get married after they turn 18, so they try to get their daughters married before they turn 18. In 2006, 58 people followed this practice, while in 2007, 77 people followed it, and in 2008 and 2009, 61 people followed it. Although the total number of marriages has decreased, many people from the sub-caste continue to practice child marriage, maintaining their customs and beliefs. (Source-Core Committee Report – Ban on Child Marriage in Karnataka)
What social customs and beliefs contribute to child marriage in India?
There are many customs in the society that follow child marriage. Some of them are listed below.
• It is widely believed that getting married at an early age can protect girls from sexual abuse or exploitation. If a girl is found to have sexual relations with someone before marriage, it is a matter of shame for the entire family. If such an incident happens, it affects the family's morals and marital status, which is given great importance in Indian society.
• Most parents consider their daughter's marriage as a major problem. They want to get rid of this problem by getting their daughter married. This custom is usually seen among working class people who leave home to work. They want to get their daughter married before going out and get rid of the burden.
• The girl is considered to get financial and physical security through marriage.
• To prevent their daughter from marrying into another caste or getting married for love, which the caste society or family would not accept, parents often choose to have their daughter married at a young age.
What are the alternatives to child marriage? Can this reduce child marriage?
Schools and colleges are not available in every state in India. Alternatively, vocational programs or training are not widely available. Educational problems and facilities are also another reason for this. For example, in some places/castes, girls are kept away from higher education or jobs after reaching a certain age and are forced to do household chores. Even those who want to go to school are prevented from doing so because the school is not available and the school is located far away. For their safety, parents get them married at a young age.
What is the impact of government programs on the number of child marriages in India?
The government has not enacted any specific law against child marriage. Many people ignore the law because they do not get punished, which is why child marriage continues to be rampant.
Does the difference in the number of boys and girls in India encourage child marriage?
In India, the number of girls is very less compared to the number of boys. Due to the difference in the number of boys and girls, when the father and mother of the boy find a good girl for their son, they put pressure on the father of the girl to agree to the marriage of their son as soon as possible. In North Gujarat, there are 798 girls for every thousand boys. Due to this disparity, the father and mother of the boy want to get their son married as soon as possible. In Gujarat, girls are also brought from other states for the marriage of boys. (court Committee Report 2011)
What are the consequences of child marriage?
Due to child marriage, girls are generally deprived of their childhood games. Apart from this, girls are also affected by pregnancy at an early age, which damages their health and does not allow them to develop mentally and physically. Due to pregnancy at an early age, they are at risk of death. This also has an impact on the economy. Some of the ill effects of child marriage are given below.
What impact does child marriage have on a child's education?
Child marriage deprives a girl of her education because she has to do household chores, which deprives her of her right to education. Even if she is given the opportunity to study, various responsibilities after marriage hinder her from pursuing her education. Among them, giving birth to a child as soon as possible after marriage is also a responsibility. Therefore, it is considered that money is spent unnecessarily on her education. Since she is deprived of education, she is not properly aware of her legal rights.
How does child marriage affect employment and income?
Due to low education, the girl cannot build her future and cannot get a job.
Does marriage affect the personality of a young man/woman?
Lack of education and employment opportunities, as well as lack of support in the society at large, affects the child's weak personality and intellectual development. Therefore, the child cannot achieve his/her best.
How does child marriage affect the physical reproductive capacity of girls and children?
Early childbearing and repeated pregnancies affect the health of both mother and child. The risk of infant mortality among mothers under the age of 20 is higher than that of older mothers.
Does child marriage increase the risk of a mother's death during childbirth?
Yes, it happens. Giving birth before the body is fully developed for motherhood puts the mother's life at risk. The number of deaths during pregnancy and childbirth between the ages of 10-14 is five times higher than during pregnancy and childbirth between the ages of 20-24.
What impact does early marriage have on a child's mental health?
Both boys and girls need to take responsibility for the emotional and physical needs of the child. A (young) mother is usually more protective than the biological father. When both parents are physically disabled, it is likely that they will not have the mental development to raise a child, which will cause them a lot of psychological trauma.
How does child marriage expose girls to sexual danger?
Child marriage is a form of sexual exploitation. A child does not have much knowledge about sexual intercourse. It puts a girl at high risk of unwanted pregnancy and diseases that can be spread through sexual intercourse. There is a high probability of unprotected sex and girls are not knowledgeable about this and are not in a position to demand safe sex from their husbands, who may not listen to them.
Does child marriage increase the risk of poor health and death of children born to women?
Yes, it happens. A baby born to a girl is more likely to die at the age of one than a baby born to a 20-year-old mother. A girl, being a young woman, does not have the knowledge to take responsibility for her baby. For example, she does not know how much breast milk to give to the baby. Due to this, the baby loses weight and the baby also develops other physical ailments.
What impact does child marriage have on population?
The overall number of women is lower than that of men due to the high mortality rate of young mothers and newborn babies. Early marriage in the first place leads to high blood pressure, delayed or obstructed labor, and other health problems. It also sets the stage for having sick children in the future.
How does poverty affect child marriage?
Poverty is a major cause and consequence of child marriage. Girls are not very educated and have more responsibilities towards their husbands and children. Since the husband is the sole earner, the family is more likely to face financial hardship. A girl is less likely to earn her own living.
(9) Reinforcement of patriarchy and gender discrimination
The practice of child marriage weakens a woman’s position in society, encouraging patriarchy and gender discrimination. Since child marriage is illegal, parents do not register the marriage, which is why the girl does not enjoy legal rights like maintenance from her husband.
(a) Multiple marriages and young widowhood
Girls usually marry men older than them. Therefore, the girl is not in a position to strengthen herself and oppose her husband’s marriage to another girl/woman.
A young girl becomes a widow at a young age and takes care of her children. In some cases, she is forced to become a prostitute to earn money.
(b) Risk of physical and sexual abuse Since a young girl is powerless in the presence of an older husband, the husband controls the relationship between the husband and the wife and becomes a source of domestic violence. The woman is sexually abused against her will. Unfortunately, marital rape is not considered a crime after the age of 15 in India.
(3) Gender discrimination and increase in violence and sexual abuse
The girl is subjected to exploitation and violence because she has no say in the marital relationship. She is prevented from meeting her family members. Surveys show that in India, women who get married before the age of 18 are more likely to get domestic violence than those who get married after the age of 18.
(4) Population growth -
The population is increasing due to child marriage. Government efforts to eradicate poverty, gender inequality and improve health have largely failed to address child marriage. It is therefore clear that child marriage is not only harmful to the children involved but also to the entire society.
(5) What are the aspects of the law on child marriage?
The government has long tried to remove the social stigma of child marriage. The first law against child marriage was enacted in 1929. The law was amended in 2006 because the previous law on child marriage has been replaced by the Child Marriage Prohibition Act, 2006 and court judgments. Generally, a child is a partner in a child marriage. According to the 2006 Act, if the boy is below 21 years of age and the girl is below 18 years of age, the marriage can be annulled by either party. This can be done within two years, when the girl turns 18 and the boy turns 21. Police do not need an arrest warrant to arrest the accused in the crime of child marriage. This offence is non-bailable in law, as it does not constitute a right to bail. The law has prescribed different punishments for those involved in child marriage. This law is applicable to everyone irrespective of religion. Children born out of child marriage are considered legitimate children.
What can be the punishment for the groom in child marriage?
If a man above the age of 18 marries a girl below the age of 18, he can be punished with imprisonment for two years or a fine of up to one lakh rupees or both.
What punishment is given to the priest in case of child marriage?
Child marriage is also a crime. A person who performs or assists in a child marriage can be imprisoned for two years and fined up to Rs. 1 lakh. To avoid the punishment of a priest, a person will have to prove his ignorance about child marriage in court. Many high courts in the country are investigating the disclosure of complete information about the age of both parties.
What punishment has been imposed on the child's father and guardian?
A person in charge of a child under the legal age of consent, whether it is a parent or guardian, is liable to punishment for forcing a child to marry. The punishment is imprisonment for two years and a fine of one lakh rupees. The person is not required to take care of the child. Even if the person is in the illegal custody of the child, the law punishes the child for marrying off the child. In this case, the mother pays a fine instead of serving a prison sentence. Other prominent family members who help in arranging the child marriage are liable for punishment for their actions.
Are guests at child marriages considered criminals? Will they be subject to punishment?
Yes, if a guest does not try to prevent child marriage, then he/she is guilty of an offence. The offence is punishable under the law. He/she can be sentenced to imprisonment for a maximum of 22 years and a fine of up to Rs. 1 lakh. In such a case, a female guest will not be liable to imprisonment but will have to pay a fine.
If a member of an organization promotes child marriage, will he/she be punished?
Yes, if a member of an organisation is found encouraging marriage before the age prescribed by law, then that person will be liable to a maximum imprisonment of 2 years and a fine of up to Rs. 1 lakh. This includes lenders and landlords who give advance money to the guardians of children for child marriage. Any person who has knowledge of a child marriage has taken place or is about to take place should inform the authorities. It can also be a neighbour, otherwise, it is an offence under the Act to encourage marriage and not inform them. The punishment for the above offences is the same i.e. a maximum imprisonment of 2 years and a fine of up to Rs. 1 lakh.
Who can file a complaint?
my person who has reasonable information about a child marriage can lodge a complaint. The following persons can lodge a complaint.
1. Any person who has information about a child marriage being arranged
2. Parents, guardians, neighbours or other family members or well-wishers of the child
3. School teachers, ANMs, Anganwadi workers and Self Help Group members
4. Any private body who is aware of child marriage
If any person does not wish to lodge a complaint himself, he can inform the following authorities about the child marriage.
When can you file a complaint?
Complaint can be filed:
(1) At any time, before, during or after the child marriage
(2) At any time, when the complainant becomes aware of the child marriage taking place
Where can I file a complaint?
You can file a complaint at the nearest police station. You can file a complaint with the First Class Judicial Magistrate, Metropolitan Magistrate, Child Line, Child Protection Committee, Police or District Magistrate.
How can I complain?
The complainant may make a complaint verbally or in writing. The complaint may be made by phone, letter or telegraph, telegram, e-mail, fax or note on a small piece of paper.
What is the legal status of child marriage?
Child marriage is invalid even if the child who gets married at the time of marriage has a choice. This means that an application can be made at any time to annul the child marriage. But if the victim/victim is a girl, she should not be more than 20 years old and if she is a boy, she should not be more than 23 years old. If the minor girl has been forcibly taken away from her legal guardian or has been fraudulently transferred, then the marriage is null and void.
Who will be the Child Marriage Prevention Officer?
Child Marriage Prevention Officers (who are public servants) are appointed by the State Government at the block, district and taluka levels, who have the primary responsibility of abolishing child marriage in accordance with the prescribed powers.
What is the role and responsibility of the Child Marriage Prevention Act?
The Child Marriage Prevention Officer is responsible for preventing child marriage, collecting evidence and filing cases against individuals, and advising parties not to engage in any activity that promotes child marriage. He/She creates awareness about the ill effects of child marriage and sensitizes the society against child marriage.
What will the Child Marriage Prevention Officer do to prevent child marriage?
The Child Marriage Prevention Officer, who is a public servant and has the authority of a police officer, can take any step to prevent child marriage in accordance with the law. He can apply to the Magistrate for an injunction to prevent child marriage. He can cancel the child marriage with the help of the police, child protection committee or a respectable person of the village or local and private institutions. He can apply to the Honorable Court for the protection of the aggrieved minor girl and for suitable accommodation for the upbringing of the minor girl.
What kind of relief is available from the court?
The court's plea for prohibition of child marriage has been resolved by the court's order. The court can pass a verdict on the application of the Child Marriage Prohibition Officer or without an application. The court can pass a verdict for maintenance, support and protection of the child born of child marriage. The court has been given the power to declare child marriage invalid.
I do not have a lawyer but would like to avail the benefits of the Child Marriage Prohibition Act, 2006. Is this possible?
Yes, it is possible. The Child Marriage Prohibition Officer ensures to provide legal services for obtaining prohibition orders, maintenance orders and protection orders from the Karnataka State Law Authority and for implementing the Child Marriage Prohibition Act.
What is the role of the police in preventing child marriage?
The police assist the Child Marriage Prevention Officer by arresting those involved in child marriage. The Child Marriage Prevention Officer has the same powers as a police officer and collects evidence for prosecution against those involved in child marriage.
Should the public cooperate with child marriage prevention officers? What are the consequences of non-cooperation?
The State Government may request a local respected social worker or a Gram Panchayat or Municipal Officer or a Government Officer or a person working in a Government industry or a civil servant working in a private undertaking to cooperate with the Child Marriage Prevention Officer. The Child Marriage Prevention Officer is a Government servant and no person shall interfere or obstruct him in the discharge of his duties. Obstruction of the functions of a Child Marriage Prevention Officer is an offence under Section 186 of the Indian Penal Code. For this, imprisonment for three months or fine of five hundred rupees or both.
Is there any United Nations declaration regarding the minimum age of marriage?
Yes, there is. The United Nations Convention on Consent for Marriage, Minimum Age for Marriage and Registration of Marriages (Convention), 1964 was adopted. According to this convention, all States Parties are obliged to:
fix a minimum age for marriage,
not to recognize marriages entered into without the free and full consent of the parties, and
register all marriages.
India has not yet ratified this convention. In addition, the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations on 18 December 1979, entered into force on 3 September 1981, and its Article 16(2) states that ‘child marriage shall not have any legal effect; all appropriate measures, including legislation, shall be taken to establish a minimum age for marriage and to make registration of marriages compulsory at the public level.’ India signed the Convention on 30 July 1980; but ratified it 13 years later on 9 July 1993 with reservations. The reservations were that, while the compulsory registration of marriages proposed in Article 16(2) of the Convention was in principle acceptable, it was not feasible in a large country like India with its diverse customs, religions and literacy levels. (http://www.un.org/women watch/daw/cedaw/reservations-country. htm)
Has any UN proposal on child marriage been adopted?
On 21 November 2014, the United Nations adopted a resolution against 'convenient and forced marriage' of children, with 116 countries as co-sponsors. India supported the resolution but was not on the list of co-sponsors. On 2 July 2015, the United Nations Human Rights Council unanimously adopted a resolution on 'prohibition of child marriage', with 85 member states as co-sponsors. India signed the resolution but did not co-sponsor it.
When and how was the Child Marriage Prohibition Act 2006 implemented in our country?
After being passed by the Parliament, the Act was notified in the Gazette of India (Extraordinary) on 10th January 2007 and the next day it was given the assent of the President. According to Section 1(2) thereof, it shall not apply to the State of Jammu and Kashmir and the Reno Cantonment area of ??the Union Territory of Pondicherry. Also, according to Section 1(3) thereof, it shall not come into force simultaneously in all the States of the country and the Central Government shall fix the different dates on which it shall come into force in different States by notification in the Gazette.
Since when has this law been implemented in Odisha?
As per Section 19 of the Act, only the State Governments are empowered to make rules for the implementation of its provisions. Accordingly, the Odisha Child Marriage Prohibition Rules, 2009 were promulgated by the Women and Child Development Department, Government of Odisha on 19.09.2009 and were notified in the State Gazette on 22.09.2009. As per Rule 1(2) of these rules, they have come into force in the State on the date of notification in the Gazette, i.e., 22.09.2009.
What are the main features of the 2006 Act?
It has the following features –
• To make a child marriage void on the application of the child’s side.
• To make a child marriage voidable and if the child is a minor, the husband or the father-in-law of the child shall be required to bear the maintenance of the child until the child is remarried.
• To provide for the custody and maintenance of children born of child marriage in law.
• To treat children born of child marriage as legitimate.
• To empower the District Court to modify or revoke any order passed earlier on the petition of the woman-appellant on the custody and maintenance of the children.
• To declare a child marriage void in certain circumstances.
• To empower the courts to issue restraining orders to stop any marriage ceremony held in violation of the law.
• To treat the offences as criminal offences for investigation and other purposes.
• To require State Governments to employ child marriage prohibition officers.
• To make State Governments responsible for implementing the provisions of the law by making regulations.
By what means can a child marriage be declared invalid?
A minor who has contracted a child marriage can file an application with the District Judge's Court or Family Court to have the marriage declared invalid.
Who can petition the court to declare child marriage invalid?
If the applicant is a minor at the time of filing the complaint in the court, then his/her guardian, close friend or child marriage prohibition officer can file the application in the court on his/her behalf.
Is there a time limit to file a complaint in court against a completed child marriage?
Yes. Any of the partners in the marriage contract is a minor. A minor can file a petition in the court to declare the marriage invalid. However, a minor girl who has completed her child marriage cannot file a complaint in the court after she has completed 20 years of age and a minor man after he has completed 23 years of age.
What kind of benefits or compensation can be provided to a minor girl who has been contracted into a marriage after a child marriage is annulled in court?
Under Section 4 and Sub-Sections 1 and 4 of the Act, a minor girl is provided with maintenance including accommodation till she marries elsewhere. If the husband who contracted the marriage was a minor at the time of the declaration of invalidity of the marriage, his parents or legal guardian shall be liable to provide such maintenance or accommodation to the girl.
Who will be given custody of the children born of the marriage after a child marriage is declared invalid?
When awarding custody of a child to a party, the court will consider the best interests of the child. The court may also order the other party to provide for the maintenance or care of the child.
In what cases can child marriage be declared invalid?
Child marriage can be declared invalid in the following cases.
• The girl was taken away from her father, mother or guardian by enticing her to marry her.
• Forced or coerced to move her to another place for the purpose of marriage.
• A minor for the purpose of marriage. The minor girl was sold and then the marriage was performed according to some ritual.
• A minor! After the marriage of the minor girl, she was sold or trafficked.
• A minor. The minor girl was engaged in immoral activities.
• In all these cases, the marriage performed can be declared completely invalid or illegal – Section 12.
There are also some instances where mass marriages are performed in temples and other places of worship during Akshaya Vratsa or any other religious and social festival. Many of them are minors. How can such child marriages be prevented?
in such cases, some individuals or representatives of voluntary organizations or members of private organizations? A complaint regarding the actual facts of child marriage taking place near the member can be filed with the local Judicial Magistrate, First class. (Sub-section-1 of Section-13) |
• ??A written report can be made to the District Child Marriage Prohibition Officer via telephone.
• After receiving information from any reliable source, the Judicial Magistrate, First Class (JMFC) can file a case on his own behalf to stop the child marriage.
Does the District Magistrate have any special role in addressing child marriage in this regard?
Yes, the District Magistrate is empowered to stop mass child marriage.
He can exercise his powers as a child marriage prohibition officer.
If necessary, he can take appropriate steps to stop child marriage with the help of the police. (Section-17 Sub-Section-4).
Who is the child marriage prohibition officer?
The State Government can appoint Child Marriage Prohibition Officers by issuing an advertisement in the Official Gazette. In our state, Child Development Project Officers (CDPOs) are appointed as Child Marriage Prohibition Officers. Every officer is a Public Servant.
What are the responsibilities of the District Child Marriage Prohibition Officer?
Take appropriate steps to stop possible child marriages.
Collect evidence to take appropriate action against those who violate the provisions of the law.
Counsel individuals involved in child marriages and advise residents of the local area not to get involved in child marriages under any circumstances.
File a complaint in court against child marriages against parents, guardians or minors engaged in marriage!
Raise public awareness against child marriages held in temples, shrines or public places. Advise local groups on the abuses of child marriage.
Have state regulations been framed based on this Act?
Yes, the regulations have been implemented in our state from September 19, 2009.
What is the procedure required for appointment of Chief Child Marriage Prohibition Officer?
The State Government may appoint a senior officer of the Women and Child Department as Chief Child Marriage Prohibition Officer through advertisement in the Official Gazette – Rules 4 (5).
What are the basic responsibilities of the Chief Child Marriage Officer?
To plan and coordinate all work related to child marriage in the entire state 4 (1)
• To coordinate the work of the Child Marriage Prohibition Officers appointed throughout the state and to be responsible for the proper implementation of the Child Marriage Prohibition Act in the state 4 (2) 1
• The Chief Child Marriage Prohibition Officer shall submit an annual report and statistics on the progress of the Child Marriage Prohibition Act and the activities carried out thereunder to the State Government 4 (7)
• To control, direct and direct the Child Marriage Prohibition Officers to implement the Act and the rules and regulations relating thereto (a).
• To review the work of the Child Marriage Prohibition Officers working throughout the state. (3)
• To submit a detailed report to the Government regarding the situation of child marriage in the entire state.
• To prepare plans and programmes to create awareness among the general public. To provide a schedule to the concerned departmental officers. 4 (d))
• To carry out such other activities as may be prescribed by the State Government Will also perform the duties. 4 (d)
• Will convene an annual policy formulation or review meeting to prohibit child marriage.
• Will publish and disseminate the laws and regulations in Odia and English languages.
Who is the nodal officer at the district level for the successful implementation of this law?
The District Collector is the nodal officer for the successful implementation of this Act at the district level. (e)
• The District Collector concerned shall take necessary steps for the successful implementation of this Act at the district level and shall review the programme from time to time.
What steps can a party accused of child marriage take to prove their innocence?
Any party accused of child marriage may, if he wishes to prove his innocence, submit documentary evidence to the satisfaction of the court, which would prove that none of the parties to the marriage contract in question is a minor as defined under sub-section (2) of Section 2 of the Child Marriage Prohibition Act, 2006.
In which court are child marriage petitions filed?
To invalidate a child marriage, an application must be made to the Family Court:
• To obtain an interim or final order for maintenance or residence,
• To obtain an order for the custody of the children or for their maintenance. Section (8).
Are there any requirements for filing a child marriage petition in the family court?
Yes, there is. The marriage of the applicant girl or her partner in child marriage must have been solemnized within the jurisdiction of the concerned family court.
• Both the parties must have been residing together for the last time in the jurisdiction of that court.
• The applicant must have been residing in that area at the time of filing the application. Section (8)1
Does the government have any specific program to rescue, provide protection, shelter, or rehabilitation to children who are facing hardship due to child marriage?
Yes, if the minor girl is separated from her family due to child marriage or her in-laws or father's family does not accept her, then the minor girl can take help from the following institutions through a relative or friend or neighbor.
• Local Police Station
• Juvenile Police Unit
• Child Line 1098
• District Sishu Mangal Samiti
• District Child Protection Officer
• District Social Welfare Officer
• District Child Marriage Prohibition Officer
The above officers will be responsible for taking appropriate action on receiving the complaint. It is noteworthy that under the Juvenile Justice Care and Protection of Children Act-2015 in our country, the minor girl who is facing hardship. The necessary services can be made available to the minor girl.
What is the purpose of enacting the Civil Procedure Code?
This law was created to ensure the smooth conduct of civil litigation proceedings.
What types of litigation are conducted under this law?
All lawsuits related to movable and immovable property, breach of contract, and infringement of proprietary rights shall be conducted in accordance with the procedures of this Act.
Is there a specific time limit for filing a lawsuit?
Time limits have been fixed for different lawsuits. If a lawsuit is not filed within that time limit, even if a person files a lawsuit due to time limit or limitation, it is dismissed. However, if a valid reason is shown, a lawsuit can be filed even after the prescribed time limit.
Who can take advantage of this law?
Every citizen of India, except the state of Jammu and Kashmir, can avail the benefits and opportunities of this law.
Does this law apply to everyone, regardless of gender?
This law applies to women, men, and all third genders.
Can people of all religions avail the benefits of this law?
All citizens, regardless of caste, religion, or color, are entitled to the benefits of this law.
Are there special provisions for women in this law?
If women are traditionally prohibited from being present in public, they cannot be forced to be present in court.
Are there any special provisions for people below the poverty line?
They can file lawsuits with free and paid legal assistance.
Is there any specific format or procedure for filing a lawsuit?
Civil law has specific formats for filing lawsuits and lawsuits are prepared accordingly.
Who are the parties to a lawsuit?
The person, institution, or government or private entity against whom the lawsuit is filed is made a party.
Can minors sue?
Minors can be married through their representative, guardian or custodian.
Do all lawsuits require evidence?
In every lawsuit, the parties are required to provide oral testimony and documents to prove their rights.
Is there an alternative system for women to give oral testimony?
Women who are unable to appear in court are taken to testify at their homes through a commission, under court orders.
Where will the person file the lawsuit?
Lawsuits relating to property are filed in the court where the property is located. Lawsuits for damages are filed at the claimant's place of residence or at the place where the other party resides, as the claimant wishes, while other lawsuits are filed at the place where the other party resides or at the place where the incident occurred.
Are there any special provisions for the testimony of elderly or incapacitated persons?
Oral testimony of senior citizens or disabled persons is taken at their homes through a commission as per the court's orders.
What should a person who wants to become a party to a lawsuit do?
The law provides for the right to be a party to a court order if a valid reason is shown and the need for the party to be a party is met.
How are lawsuits filed in court?
Generally, lawsuits are filed by lawyers on behalf of the parties. However, if the parties wish, they can file the lawsuit themselves or through their representatives.
Can people who harass ordinary people be prosecuted under this law?
It is a punishable offence to cause harm to the common people by blocking a public road or poisoning a watercourse. Then, through this law, the aggrieved persons can file a suit for compensation against the offender. Such a suit can be filed by at least 2 or more persons with the permission of the court or the Advocate General of the state can also file such a suit.
What happens if the person who filed the lawsuit or the person who is a party to the lawsuit dies?
In case of death of the person filing the suit, his legal heirs are made party to the suit. However, in case of death of the defendant, the onus is on the defendant to take steps to make his heirs party.
What happens if a party fails to appear after receiving a notice of suit?
The case will be heard ex parte. The party who does not appear is bound by the verdict of the case.
Are defamation lawsuits filed under this law?
This law can be invoked to obtain compensation for defamation.
Are matrimonial litigations conducted under this law?
Since marriage is a personal right, the case is filed in the family court as per the procedures laid down in this Act.
Is there any fee to file a lawsuit under this law?
You will have to pay the prescribed court fees, taking into account the valuation of the case.
Does the party have to bear the costs of the lawsuit?
According to the law, the parties have to bear the costs of litigation. However, there are instances where one party has been ordered by the court to pay the other party's costs after the trial.
Who will not pay court fees to file a lawsuit?
Women, minors, Divyang, Harijan) Girijan and persons whose annual income is less than 1 lakh rupees.
How are lawsuits filed in civil courts?
The details of the lawsuit, legal rights, value of the property or valuation specified in the lawsuit are submitted.
What types of cases are tried in the courts of the Junior Division of Civil Judges and which ones are tried in the courts of the Senior Division of Civil Judges?
The cases are assessed according to the difference in value. Cases where the value is less than Rs. 50,000 are tried in the court of the Civil Judge Junior Division and those where the value is more than Rs. 50,000 are tried in the court of the Civil Judge Senior Division.
Where can an appeal be filed against the decision of the Civil Judge Junior Division?
The appeal is filed in the court of the Civil Judge Senior Division.
In which court will the parties file an appeal against the verdict of the Civil Judge Senior Division?
The appeal will be filed in the District Judge's Court.
Is there a provision to appeal again against the appeal verdict?
An appeal can only be filed again in the Hon'ble High Court on unfounded legal or legal questions.
How is the order passed by a civil judge in a lawsuit enforced?
The said order shall be implemented within 12 years from the date of the order in the said court. After the completion of 12 years, the said judgment cannot be implemented. However, it can be implemented if proper reasons are shown and it is admissible in law.
What should be done if there is no news of a person's whereabouts for a long time?
If a person is not found for seven consecutive years, he is declared dead. In such a case, a lawsuit has to be filed to declare this.
Is there a legal provision to transfer a case from one court to another?
The District Magistrate has the power to transfer a case from one court to another within his district. But to transfer a case from one district to another, one has to approach the Hon'ble High Court. Similarly, the power to transfer a case from one state to another is done only as per the directions of the Hon'ble Supreme Court. In that case, suitable reasons must be given for the transfer.
Can a lawsuit be withdrawn after it has been filed?
The law provides for the parties to withdraw their lawsuit if they wish.
In which cases can a party submit a complaint through its representative?
Minors, disabled persons, mentally retarded persons can file a lawsuit through their representatives to assert their personal rights. Apart from this, any institution or company can file a lawsuit through their representatives as per the rules of their institution or company.
Can a person who has already filed a lawsuit in the appropriate court on a specific matter again file a lawsuit for the same reason?
Once a particular matter has been decided in the appropriate court, the person cannot sue again in the same court for the same reason.
Can a person who is not a citizen sue?
Generally, to file a case in a civil court, one has to pay court fees. But if a person is bankrupt, then there is a legal provision to file the case without court fees. However, if a person is bankrupt or not, an investigation is conducted as per the court's order and if the value of his property is not even 1000 (one thousand rupees), then he is declared bankrupt.
Who are the recognized agents under this law?
A person with a power of attorney, a local person recognized by a business establishment, or a person specially appointed by the government can represent a foreign sovereign in a lawsuit.
Can the case be resolved through amicable settlement between the parties after the case has been dismissed?
After the litigation has been filed and the parties have appeared in court, the litigation may be settled through amicable settlement at any time. Accordingly, the court will also mention this in its judgment.
In which cases is a case dismissed without a hearing?
If a party or a third party is absent during the hearing of the lawsuit, the third party does not pay the required fee to serve notice on the other party as directed by the court, or both parties are absent during the hearing, the lawsuit can be dismissed.
Can a person with a mental disorder file a lawsuit in court to assert their rights?
A guardian or legal guardian can make a will on behalf of a person with a mental disorder.
Who are called as stable and immobile?
Land, i.e. land, houses, etc. are considered immovable property, while money, gold, silver, etc. are considered immovable property.
What provisions are there in this law for taking private possession of land?
As per the court's directions, the seizure is carried out with the help of the police.
Is there a provision for punishment for disobeying the court's orders under this law?
The debtor's land is mortgaged, the debtor is detained in a civil jail cell in the case of money laundering, the land is sold. All this depends on the content of the lawsuit.
Can a female debtor be detained?
Under this law, female debtors cannot be detained.
Where is a person arrested under this law kept?
kept in a civil jail cell.
Can a foreign court's judgment be enforced in our country under this law?
If the verdict does not violate the laws of our country and the citizens of our country are parties to the lawsuit, then it can be implemented.
Can the government be sued under this law?
If an individual's personal rights are violated by the government's actions, then the government can be sued.
Are there any special provisions for filing a lawsuit against the government?
Notice is given to the government before filing a lawsuit, and the lawsuit can be filed only two months after the notice is given.
Is there a provision for issuing interim orders in this law?
Keeping in mind the content of the case, the court may issue an interim order before giving notice to the other party, if necessary.
If the case is decided one-sidedly, what should the other party or the injured party do?
He can either apply for reconsideration of the case within the time limit prescribed by law or file an appeal against the said unilateral decision. In both cases, he will have to show the reason for his absence from the trial.
What action is taken against a debtor if he disregards the court's order in a debt settlement case?
If the amount due is more than 5000 rupees, the debtor is detained in a civil prison for 3 months. But if he pays the amount, he is released immediately.
If the amount due is more than 2000 rupees and less than 5000 rupees, he is detained in a civil prison for 6 weeks.
But if the amount due is less than 2000 rupees, there is no provision for detention.
Can a lawsuit be filed against a breach of contract under this law?
Violators of the agreement will be prosecuted as per the procedures laid down in this Act.
Can any action be taken against a person who files a false case in a civil court?
There is a legal provision to order compensation if a person is proven to have filed a false lawsuit.
When was the Constitution of India adopted?
The Constitution was enacted on 26.11.1949.
Why was the Constitution enacted and what is its purpose?
To implement equal treatment for every person in India and to strengthen the political, social and judicial systems of the country through this law.
What is the main principle of our Constitution?
To provide equal social, economic, and political rights and justice to all citizens, to freely express their opinions, to practice any religion, to provide opportunities to live with dignity, and to protect the sovereignty of the country.
Are the fundamental rights of citizens of India enshrined in the Constitution?
The Constitution provides for six fundamental rights for citizens of India, namely - freedom of expression, freedom to live peacefully anywhere, freedom to form associations or societies, freedom to move freely throughout the country, freedom to reside permanently anywhere, and freedom to engage in any trade.
Is every citizen of India governed by the Constitution?
According to the rules or directives given in the Constitution, every state and its citizens in India are obliged to unite.
Who are called citizens according to the Constitution?
He must have permanently settled anywhere in India and his native land must be there.
What is the role of the Constitution?
To provide equal social, economic and political justice to every citizen of India, regardless of caste, religion or colour, as India is a secular democratic nation.
Is education a fundamental right of every child?
Education is a fundamental right of every child in the country from the age of six to 14. As per the directives of the Constitution, the state government is bound to make arrangements to provide free education to children.
Can any citizen be deprived of his rights without reason?
Every citizen of the country has the right to live a dignified life. He cannot be deprived of that right illegally.
Can citizens of India be forced to practice a particular religion?
Citizens can practice any religion of their choice. They cannot be forced to adopt any particular religion.
Can a person be arrested and detained without giving any reason?
No person shall be detained in custody without being informed of the reasons for his arrest, nor shall he be prevented from consulting a lawyer of his choice.
How long can an arrested person be kept in custody?
An arrested person must appear before the competent Magistrate's Court within 24 hours of arrest. Therefore, an arrested person cannot be kept in custody for more than 24 hours without the order of a Magistrate.
If it is necessary to arrest a person under the law to maintain peace and order, for how long can they be detained?
Detention can be for a maximum of three months. However, if a person needs to be detained for more than three months, an application can be made to the Advisory Committee before the expiry of the period.
Can the fundamental rights guaranteed in the Constitution be undermined by enacting any law?
It is illegal to enact or make any law, regulation, or instruction that is prejudicial to the fundamental rights. Furthermore, any law in force before the promulgation of the Constitution that contravenes any provision of the Constitution shall also be declared invalid.
Who will decide to make laws regarding citizenship?
Only Parliament has been given power in this regard.
Is every citizen of India entitled to equal rights and protection under the law?
The Constitution of India provides equal rights and protection under the law to all citizens of India. This is a fundamental right and a person deprived of this can file a case in the Hon'ble High Court or Supreme Court.
Can citizens be discriminated against on the basis of race, religion, color, place of birth, or gender?
No citizen, irrespective of caste, religion, colour or sex, can be prevented from using public places provided by the government, such as roads, rivers, ponds, wells, etc. Apart from this, they cannot be prevented from going to hotels, restaurants, etc.
Can the government enact any special law for the upliftment of weaker sections of citizens?
The government may enact appropriate laws to include the weaker sections of the society, such as women, children, Scheduled Castes and Scheduled Tribes, in the mainstream of society and to improve their standard of living. In addition, it may make special arrangements, i.e., reserve places, for the education of children belonging to the weaker sections, Scheduled Castes and Scheduled Tribes in government educational institutions.
Do citizens have the same rights to get employment in the government sector?
All citizens of India, irrespective of their caste, religion, colour, and place of residence, have equal right to employment in government posts. However, both the State Government and the Central Government may make reservations in employment for the weaker sections of the society and the economically weaker sections. They may also make reservations in employment for the Scheduled Castes and Scheduled Tribes.
Should we discriminate against children?
The Constitution completely prohibits discrimination on the basis of caste and clearly states that such acts are a crime.
Can a person be punished twice for the same crime?
Once convicted of an offence, a person shall not be liable to be tried a second time for the same offence and shall not be compelled to be a witness against himself. Moreover, he shall be punished only according to the law in force at the time of the commission of the offence.
Does the Constitution prohibit human trafficking, begging, and tax collection or any other act of coercion?
The Constitution prohibits such acts and provides for punishment of those involved in such acts as per the law.
Can teenagers be employed in factories?
Children under the age of 14 are prohibited from being employed in hazardous places such as factories or mines.
Can citizens practice any religion they wish?
Citizens of India can adopt any religion of their choice and practice it.
Can the government enact appropriate laws to regulate the maintenance and operation of religious institutions of different religions?
The government has been given the power to enact laws to ensure that every religious institution is run in an orderly and efficient manner.
Can religious people do work related to their religion?
Every religious person may establish and maintain a religious institution as per his/her wish and may also establish and operate charitable institutions. He/She may purchase both immovable and movable property for religious institutions and operate it in accordance with the law.
Can any religious person donate for the advancement of their religion?
Any person can donate for the advancement of their religion and for this they will have to pay income tax; but income tax deductions are available only to religious institutions registered under the Income Tax Act.
Can religious instruction be provided in government educational institutions or government-funded educational institutions?
Giving religious advice or instructions in government or government-funded educational institutions is expressly prohibited.
Can citizens who have a unique language, script, or culture preserve them?
The Constitution grants them the right to preserve their language, script, and culture.
Can admission to any government or government-aided educational institution be denied on the basis of caste, religion, color, language, etc.?
No student can be denied admission to a government or government-aided educational institution on the basis of race, religion, color, or language.
Can minorities establish and manage educational institutions?
Minority groups have the right to establish and operate educational institutions.
Can citizens file a case in the Supreme Court if their fundamental rights are violated?
Any citizen has been given the right to approach the Hon'ble Supreme Court directly only if the fundamental rights are violated.
In which areas can Lok Sabha change the basic darkness?
Parliament has the power to amend the Fundamental Rights if necessary to ensure the effective functioning of the armed forces, which are responsible for national security and law and order in the country.
Does the Constitution mandate the state or central governments to formulate policies to govern effectively and improve the quality of life of the country's citizens?
The Constitution directs the states and the central government to formulate policies to improve the standard of living of the country's citizens.
On what is the government mandated to formulate policy?
Investing in the country's natural resources wisely, giving equal pay to both men and women and the third gender for equal work, providing free legal aid when needed to obtain justice, providing a livelihood to make a living, etc.
Is it the government's responsibility to provide livelihood to the unemployed?
According to the provisions of the Constitution, the responsibility of resolving the unemployment problem has been entrusted to the government.
Is there any provision in the Constitution for the livelihood of the sick, weak, disabled, elderly, and sick citizens?
The Government will make appropriate arrangements and provide necessary assistance to the living conditions of the sick, weak, disabled, elderly and infirm citizens.
Who is responsible for providing nutrition and education to children up to the age of 6?
It is the constitutional responsibility of the government to provide nutrition and education to children during the early childhood period, i.e. from birth to the age of six.
Is it the responsibility of the government to improve the general health of its citizens and to provide them with nutritious food and a standard of living.
The government will formulate policies to improve the health of the people, their nutrition and their standard of living.
Question: Who has been given the power to establish institutions for the development of agriculture and animal husbandry?
Answer: The government will take steps to establish various institutions for the development of agriculture and animal husbandry and formulate policies accordingly.
Can the government make provisions to improve the education and economic status of individuals belonging to Scheduled Castes, Scheduled Tribes, and weaker sections of society?
The government has been directed to make provisions for the economic and educational advancement of citizens belonging to Scheduled Castes, Scheduled Tribes and weaker sections of society.
Who will take care of the country's forests, wildlife, and environment?
The Constitution clearly mandates that the government shall make arrangements to preserve the country's forests, wildlife, and environment.
What are the other guidelines for the government?
A single civil law system for all citizens, separate operation of the judiciary and the administration, maintenance of international peace and cooperation, maintenance of famous monuments, etc.
Does the Constitution of India make any provision regarding the duties of citizens?
The Constitution has asked citizens to observe 11 things, namely: (1) Respect the national flag and the national anthem, (2) Be inspired by the ideals taken during the freedom struggle, (3) Protect the sovereignty, integrity and unity of the country, (4) Engage themselves in national service if necessary to keep the country safe, (5) Create an atmosphere of brotherhood and harmony among ourselves despite different religions, languages ??and provinces and protect the honor and dignity of women, (6) Preserve our rich and diverse traditional culture, (7) Protect the forests, lakes, rivers and animal resources of the country and show kindness to them, and take care to keep our environment clean, (8) Make continuous efforts to bring about a revolutionary change in scientific thinking, (9) Maintain national heritage, (10) Parents should educate their children from the age of 6 Giving children up to 14 years of age the opportunity to learn.
Which is called the Parliament of India?
The President, Lok Sabha and Rajya Sabha are called Parliament.
How many states and union territories are there in India?
There are a total of 28 states and 8 union territories in India.
Is property rights a fundamental right?
Property rights are not fundamental rights. They are legal rights, meaning that if necessary, the government can make legal provisions to update good property.
Are there any restrictions on doing business in different parts of the country?
Citizens have the right to trade and commerce in different parts of the country as per their convenience. However, Parliament can impose restrictions on trade and commerce from one state to another if it so decides.
What is the official language of the country?
The Constitution recognizes Hindi as the official language. However, state governments can use the language of their state as the official language.
What language is used in the Supreme Court and High Court?
All work in the Honorable Supreme Court and High Court is done in English.
How many languages ??have been given constitutional recognition in our country?
A total of 22 languages ??have been given constitutional status.
As per the provisions of the Constitution, where are the High Court and Supreme Court established?
As per the provisions of the Constitution, one High Court has been established in each state. But only one Supreme Court has been established in the country and it is the highest court of the country.
Is the power to establish Gram Panchayats the responsibility of the state government or the central government?
The responsibility of establishing Gram Panchayats has been entrusted to the state government.
What is the purpose of implementing the Fauldari procedure?
This law has been enacted to effectively deal with all types of fraud cases in India.
What is called "moral crime"?
Crimes for which the police can arrest without a warrant.
How many types of courts have been established to try criminal cases?
According to this law, powers have been given to the Sessions Court, Magistrate, and Chief Judicial Magistrate in the districts and high courts of every state.
When can the police arrest without a warrant?
A police officer can arrest without a warrant from a magistrate in the following circumstances:
If a serious offence is committed in the presence of a police officer.
A person who is charged with a criminal offence and is liable to imprisonment for a term exceeding 7 years.
The police officer has reason to believe that the offender is planning to commit a further offence or is attempting to destroy evidence.
The seized article has been recovered from or is suspected of being in the possession of a person.
If a person obstructs a police officer in his duty or attempts to escape.
There is a written or oral order to arrest a person.
In which cases can the police not arrest someone even if they have committed a crime?
Even if there is no need to arrest a person on suspicion of committing a serious crime, the investigating officer can leave the case to the private prosecutor, citing reasons.
Can a police officer serve a notice to summon the accused during an investigation?
In cases where the investigating officer considers it necessary to arrest the accused, he may issue a notice to the accused to appear.
Is it mandatory for the accused to appear before the police after receiving the notice?
The accused is required to appear before the police.
If the accused does not appear despite receiving the notice, what options do the police have?
The police can arrest the accused.
What procedure will the investigating officer follow when making an arrest?
The investigating officer will give detailed information about the accused at the time of arrest, will take the signatures of the accused's family, local residents at the time of arrest. The accused will also sign it and will inform him of the reason for his arrest.
Does an arrested accused have the right to meet with a lawyer of his choice?
An arrested accused has the right to be visited by a lawyer of his choice while being questioned by the investigating officer. This is a constitutional right of the accused.
In what cases can a person be arrested for refusing to give accurate details regarding his name and residence?
If an accused person commits a crime which is not a crime and refuses to give full details of his name and residence to the police, he can be arrested even if he has not committed a crime. But he can be released if he gives his correct residence details.
Can anyone, even if they are not a police officer, arrest the accused?
If a person is found guilty of a crime or against whom a warrant of arrest is issued, he shall immediately arrest him and immediately inform the police. Or the accused shall be produced before the police station.
Can the magistrate arrest the accused?
If a crime is committed before a magistrate, whether judicial or administrative, the magistrate can arrest the person for the crime or have someone else arrest him.
How is a person serving in the infantry arrested?
A person serving in the infantry cannot be arrested without the permission of the Central Government, but the State Government, if it wishes, can issue a notification to arrest any category or different categories of persons serving in the infantry.
Can multiple complaints be filed in one case?
There is no objection to giving multiple complaints , but once one complaint is accepted first and that complaint is loaded onto the railway, the other complaints will no longer be accepted as complaints.
Do you file the FIR yourself?
Yes, many times the accused himself confesses his guilt and gives a false statement or he gives a false statement by making someone else appear guilty. Such a statement is permissible by law. Even if the true incident is revealed during the investigation.
Can police officers summon all witnesses to the police station for case investigation?
Yes, they can summon them. But if a boy or a woman below the age of 15 is to be questioned as a witness, the police will go to their residence and question them. They cannot summon them to the police station or any other place.
What should the family do when the police arrest someone?
Keep written proof of arrest from the police. If the police keep the arrested person in the police station for more than 24 hours, you should inform the Judicial Magistrate and then try to get him released in court.
Can a case be filed against the police or other investigative agencies if they torture or release an arrested person after torturing them?
Any of the following actions can be taken against them: -
.By filing a private complaint in court
.By filing a complaint with the police
.By sending an application to the magistrate.
What should be done after a tip-off is received regarding the possibility or plan of a serious crime?
Report the possible crime to the magistrate or police, who will take steps to prevent such crimes from occurring.
Apart from criminal matters, what other matters would you report to the police and seek their help?
You can inform the police and seek their help in the following matters which are mentioned in the police manual as the general duties of the police. These are: –
.There was a threat of land-related disturbances and disturbance of the peace.
.A violent lunatic was roaming in public without any custody.
.Someone was trying to occupy or had already occupied a public road by force.
.There was a threat of disturbance of the peace due to disturbance between two or more groups of people.
.A person had absconded from the military department or was an absconder or was found in connection with a warrantee etc.
.There was a possibility of causing a bomb explosion, causing an accident, creating terror.
What can you demand during a police search?
The police have the right to search a suspicious place. However, if you are a woman, the police will ask you to leave the place before searching it. If a person's clothes are being searched and they are a woman, then to protect their dignity, a woman police officer or another woman will search them.
What should a person do if the police seize something from them?
Bring it to the attention of the Magistrate. Answer: He will demand a copy of the seizure list. He will accept the copy and sign the seizure list. He will see that all the seized items are correctly mentioned in the seizure list. If there is no correct mention, then he will immediately bring it to the attention of the police officer or the magistrate in charge.
What steps will the investigating police take during the investigation of the accused's case?
If an attempt is being made to arrest a person and that person is hiding in a woman's house, then before searching the house, a notice will be issued to give the woman an opportunity to search the house.
If a defendant is a minor, under which law will he be tried and sentenced?
Child offenders will be tried as per the Juvenile Justice Act-1986. Children below the age of 18 are also kept separate from the regular court system. They are called juvenile offenders. They are usually granted bail easily. Their case is tried in the same manner.
How to get compensation?
What is compensation?
Compensation is the money that is legally taken from the harmer by the injured party for causing harm to a person's body or property.
What is the purpose of providing compensation?
Its main purpose is to compensate the affected people for their losses.
In what ways is compensation obtained through the courts?
•Criminal cases
•Civil litigation
•Constitutional litigation, fundamental rights were violated.
Can an unquantifiable amount of damages be awarded in a criminal compensation case?
Under Article 357(3), the court can award unlimited amounts of compensation.
When can a criminal court award compensation?
If the harmdoer is found guilty after a trial, the court can order the victim to pay compensation.
Even if the perpetrator is found guilty, if the court does not award compensation to the victim or awards less compensation, what can the victim do?
The injured person can file a civil lawsuit against the injured party and receive fair compensation.
If someone is arrested without cause, will the arrested person receive compensation?
You can get compensation under Section 358(1) of the Code of Criminal Procedure or you can also file a civil case.
Can illegitimate children claim maintenance from their parents?
Yes, they can. Illegal children can demand maintenance from their parents.
Can mentally or physically weak boys or girls demand maintenance from their father?
According to Article 125, men are obliged to maintain such children. In 1987, the Hon'ble Supreme Court, by its judgment, stated that working daughters are also obliged to maintain their father and mother.
Is there any provision made for mentally retarded persons in the current Criminal Procedure Code?
Yes, special provisions have been made for them. This is mentioned in detail in Articles 328 to 339. In this, the courts provide them special facilities during trial.
If a tragic incident occurs, what steps can an ordinary person take at that location?
He/She can inform the police about the incident or file a complaint at the police station. If the police are of the opinion that it is a serious crime, the police will accept the complaint and provide you with a copy of it. (b) If the police officer does not accept the complaint, then you can send it to the district collector by registered letter with the complaint attached, otherwise you will have to approach the court.
If a female criminal has been arrested for serious crimes like murder or robbery, what kind of action can the court take against them?
Courts generally adopt a cautious approach when considering bail for such female offenders.
What steps should the police take if they need to investigate a crime against women?
A woman cannot be summoned to the police station or any other place. The police will come to the woman's house and question her. The woman cannot be forced.
The place where the woman lives will not be searched after sunset and before sunrise.
The woman will be arrested by a female police officer.
What are the arrangements for medical examination of women who have been raped?
If a woman has been raped or attempted to be raped, she should be immediately examined by a government or private medical professional for medical evaluation and her consent should be obtained.
Which of the following allegations of imprisonment will not be accepted as true according to Fard?
After the complaint has been filed in the Fard Court, any application or other written letter from the police for further investigation or inquiry.
What does complaint mean?
This is the written account of the crime that occurred.
Which woman is not entitled to maintenance under Article 125?
Unmarried sister.
If the police are not taking any action on the complaint, what options do the complainants have?
The person can file a complaint with the local magistrate.
Under what circumstances can a magistrate order an investigation into a crime?
Where the police refuse to investigate or investigate.
Can an application for maintenance be filed under Article 125 as long as the divorce has not been filed?
Yes, as long as a divorce decree has not been issued, a Section 125 application for maintenance is acceptable.
Does a teenage daughter have the right to receive maintenance from her father for her upbringing or not?
A young girl will be supported by her father until she is married.
Which woman is not entitled to maintenance?
A woman who has committed adultery or has left her husband of her own free will.
If the marriage is declared invalid under Section 11 of the Hindu Marriage Act, 1955, will the case under Section 125 of the Code of Criminal Procedure be admissible?
If the marriage is invalid under the Marriage Act, 1955, an application under Section 125 will not be entertained.
What can the court do in a case where a person intentionally neglects to appear in court despite receiving a court notice?
In such cases, the court can unilaterally order maintenance.
Can the allowance provided for in Article 125 be changed?
If the court is satisfied that the circumstances have changed, the court may change the allowance in such cases.
Can a maintenance order be revoked in a case where an order has been made in favor of a woman under Article 125 and she has already been divorced or has herself obtained a divorce from her husband?
If the wife herself has obtained a divorce from her husband and has not claimed maintenance or interim maintenance after the divorce, then the court can annul it from that time onwards.
If a woman has received a benefit under customary law or personal law, does the court have the power to annul it under Article 125?
The court has the power to dismiss the petition.
When is a person who evades or evades arrest declared missing? What provisions are there in the Criminal Procedure Code for this?
A person who leaves his home and hides in another place to avoid possible arrest. If a criminal leaves his home and hides in another place, his property is confiscated.
Where can a Section 125 application be filed?
The place where the party resides or where her husband resides or where he last resided with his wife or where he resides with his illegitimate children.
What is meant by domestic violence?
Domestic violence is defined as any act of neglect or abuse of a family member or child (whether living together, married or unmarried) that has caused or is likely to cause future harm to the health, safety, or mental health of the person.
When did the Protection of Domestic Violence Act 2005 come into effect?
The Protection of Domestic Violence Act, 2005, came into force on 26 October 2006.
What types of behavior are considered as violence against women under the Domestic Violence Protection Act?
Physical abuse
Sexual abuse
Voice and mental abuse
Economic abuse
What are the benefits of the Domestic Violence Protection Act as a social law?
Social law is generally intended to help abused women. But it is not intended to punish the abuser. Women do not need to rely on the police or lawyers under the Domestic Violence Protection Act. Women can apply directly to the courts, and no one can be arrested under this law, except for breaching a protection order (which is a punishable offence).
Who will benefit from the Protection from Domestic Violence Act 2005?
All women who are living with the abuser in the home through blood, marital, adoption or other relationships (cohabitation) such as marriage, as well as widows and children, are included in the scope of this law.
Family members (both male and female) living in a joint family are also included in the scope of this law.
The scope of marital relationship includes marriage and cohabitation. It also applies to a woman and her female sexual partner living together.
Can a woman use other laws along with the PWD Act?
Yes, the PWD Act does not displace or invalidate any other legal remedy, women seeking relief under Section 26(2) can avail the earlier relief of PWD in the civil and criminal courts along with the pending litigation. This relief is applicable even if the litigation or complaint is pending for divorce or for establishing rights under Section 498(a).
Who can file a complaint under the Domestic Violence Protection Act?
A complaint under the Protection of Domestic Violence Act, 2005 can be filed by the following persons:
The woman who is a victim of domestic violence
The officer providing protection Police officer
Any other person on behalf of the woman who is a victim of domestic violence (neighbour, well-wisher of the victim, representative of a voluntary organisation)
Who can a woman who is a victim of domestic violence apply to?
in a situation of domestic violence, the victim can apply to the following individuals.
Protection Officer (identified by the government)
Service Provider (identified by the government)
Police Officer
Magistrate
Against whom can a woman who is a victim of domestic violence file a complaint under the Protection of Domestic Violence Act 2005?
according to the P. W.D.V. Act 2005, any woman who is a victim of domestic violence can file a complaint against any person who is involved in the violence against her, such as her husband or male partner, against their male and female partners.
Can any woman who is a victim of social violence under the Protection of Domestic Violence Act, 2005, directly approach the Magistrate of her residence?
Yes, a woman who is a victim of domestic violence can approach the Magistrate directly with an application or the Magistrate can initiate proceedings with the Local Protection Officer and other similar bodies under the PWDV Act 2005.
What is a shared house?
A house in which a woman lives or intends to live in a domestic relationship with a man or his family (Section 2A-F) is called a shared house under this Act. It has no bearing on whether the house is jointly owned by the woman or the man. If the house is leased, rented or part of a joint family, such as a house owned by a mother-in-law or another member of the woman's married household, it will also be considered shared. The woman must prove that she lives or is living in a marital or social relationship with the respondent in the house.
What is the right to live in a shared house?
This law provides that every woman who falls within the definition of a domestic relationship has the right to reside in the shared home. A woman cannot be evicted from her shared home without due process of law, unless there is a risk of violence, and the court can order the woman to move to another location or the respondent to move out of the home. It is important to note that this law only gives women the right to reside in the home but does not grant them ownership of the home.
Who is a protection officer? How can a protection officer help victims in cases of domestic violence?
he officers identified by the government under the Domestic Violence Protection Act are called protection officers. The Scheme Officer at the district level in Odisha (including ICDS Scheme) has been given the status of protection officer. This officer is responsible for providing care, protection and rehabilitation to women victims of domestic violence. This officer assists the magistrate in providing assistance to the victims and records the assistance provided by the local police and service providers.
Who is the service provider? What kind of services does it provide to women victims of domestic violence?
Service provider means the voluntary organization recognized by the government, which is identified as a service provider for the purpose of this Act. Services provided to women victims of social violence:
Short stay homes/shelters
Medical facilities
Counselor
In Odisha, the Department of Women and Child Development has declared all the Swadhara Griha, Ujwala, Swachh Griha and Family Counselling Centres as service providers vide letter No. 15823 dated 11.09.2009 and 11.08.2010 dated 15.05.2007.
What help is available under the Domestic Violence Protection Act 2005?
The following are the reliefs available to victims of domestic violence by the magistrate under this Act -
Residence orders
Protection orders
Financial support orders
Support orders
Child custody orders
Interim and ex parte orders
If a woman's husband is away from home due to the nature of his work and the female partner is a victim of domestic violence, what should a woman do?
A house where a woman lives with her husband or a close relative after marriage is called a shared house. It is called a shared house even if the husband is away. The court can order an immediate cessation of violence against any man or woman in the shared house. The court can order the husband to allocate a separate house or a part of the house for the woman to live in.
Are young adults eligible for assistance under this law?
Yes, since the definition of a child is defined by law, minors also come within the ambit of family relationships. According to Section 2(b) of the Protection from Domestic Violence Act, a child is defined as any person below the age of 18 years, including adopted, step or foster children.
Can a security officer or service provider provide assistance without a court order or DIR application?
Yes, in emergency situations (Rule 9) if the security officer or service provider receives information about domestic violence from a reliable source (victim or any other person), they may seek immediate assistance from the police to go to the place of violence. They are expected to lodge a written complaint with the D.I.R. They can present it immediately before the Magistrate and request for proper orders.
What should a woman do if there are no security officers or service providers in an area or if she needs to provide assistance after office hours?
According to the Domestic Violence Protection Act, in such a situation, the woman herself can request the police to file a DIR and send it to the magistrate. In emergency situations, the woman or someone else on her behalf can also inform the protection officer about the incident of violence through telephone, fax or email.
After the enactment of the Protection of Domestic Violence Act, 2005, can a woman who is a victim of domestic violence avail herself of Section 498(A) of the Indian Penal Code (now husband and his relative)?
Women victims of domestic violence have the freedom to decide which sections of the law they want to pursue based on their ultimate goal. The provisions/facilities in the PWDV Act 2005 are also considered in conjunction with the existing body of law i.e. Section 498(A) of the Indian Penal Code (IPC).
Does the police have any role in cases of domestic violence under the Domestic Violence Protection Act?
Yes, if domestic violence occurs, the police are expected to take immediate action and the P.W.D.V. is also expected to cooperate in working to obtain legal assistance from the Magistrate for arrangements for protection, treatment, lodging of FIRs, communication with security and service officers in the water.
Since the Domestic Violence Protection Act is a social law, not a criminal one, will the police refuse to cooperate with women?
If a woman files a complaint under the Domestic Violence Protection Act, the police cannot refuse to assist her. If requested, the police will provide information on the use of the law (498-A, IPC (Section-5)) for advice and assistance.
What evidence will a woman have to provide to prove that domestic violence has occurred?
Unlike criminal law, the Domestic Violence Protection Act does not require specific evidence to be implemented. At the primary level, the Magistrate is required to give the necessary directions and protect the victim. The Magistrate can take the help of the security officer for further information on the matter.
How much time is required to process an application under the Domestic Violence Act 2005?
Notice will be returned within 3 days on any application/complaint under the Protection of Family from Violence Act. Although there is no specific time limit, the Magistrate will endeavour to dispose of the complaint within 60 days from the date of the first hearing.
Can a magistrate order compensation for victims of domestic violence?
In cases of social violence, the magistrate may order compensation for the physical injuries, psychological abuse, and psychological torture suffered by the victim, along with other financial assistance.
What happens if a court order under the Domestic Violence Protection Act is not followed or if a person violates the order?
If the person causing the violence disobeys or violates the order issued by the magistrate, he can be punished with a fine of Rs. 20,000 or imprisonment for 1 year.
What happens if security officers comply with an order under the Domestic Violence Protection Act issued by a magistrate?
If the security officer fails/refuses to comply with the order of the Magistrate without showing any reasonable cause, he/she can be punished with a fine of Rs. 20,000 or imprisonment for 1 year.
What happens if security officers comply with an order under the Domestic Violence Protection Act issued by a magistrate?
If the security officer fails/refuses to comply with the order of the Magistrate without showing any reasonable cause, he/she can be punished with a fine of Rs. 20,000 or imprisonment for 1 year.
What is a Domestic Violence Report (DIR)?
Domestic Violence Reports are reports of complaints of women who are victims of domestic violence, written in Form-1 and filed by security officers or service providers, including P.W.D.V.
If a complaint is made directly to the magistrate, who prepares the report?
If a complaint is made directly to the magistrate, he may direct the security officer to record the victim's complaint in the prescribed L-1 form.
What should be done after receiving a DIR complaint?
After filing the DIR, the security officer sends a copy to the magistrate, local police station, healthcare center, and shelter home.
Can a victim of domestic violence file a PWDV statutory DIR complaint with the Magistrate without attaching a copy?
Yes, the victim can file a complaint with the Magistrate under the PWDV Act without a copy of the DIR. On receipt of the complaint, the Magistrate directs the security officer to register the DIR and provide other assistance as per the information provided by the victim.
Will a domestic violence victim or a lawyer on her behalf file a DIR?
No, a victim of domestic violence or any lawyer on her behalf cannot file a DIR. A security officer or a service officer under the PWDV Act can file a DIR. If the service officer fills the DIR form, it must be sent to the security officer.
Who sends notice to the accused during the hearing of a domestic violence case by a magistrate?
The security officer sends a notice to the accused for a hearing by a magistrate.
Can a domestic violence victim get a copy of the medical report if she was treated in a hospital?
Yes, a copy of the medical certificate is provided free of cost if the victim is provided primary treatment for any injury caused by domestic violence at a health centre declared under the PWDV Act.
Does the right of children granted custody by the victim under the Domestic Violence Protection Act remain permanent?
No, the children in the custody of the victim will remain for a few days. After the civil court's decision, the guardianship of the children will be announced.
What should the security officer do if the victim of domestic violence refuses to register an FIR?
In cases where the victim does not wish to file an FIR, the security officer will record the incident of domestic violence in the daily log and will take the view that since the victim does not wish to file an FIR and wants to settle the matter amicably, the FIR should be temporarily stayed and a proper investigation should be conducted before filing the FIR.
Can the victim/reporter get a copy of the complaint filed by him/her from the security officer?
Yes, the protection officer will provide a copy of the DIR to the complainant as per the Domestic Violence Protection Act.
Will the magistrate conduct a one-sided trial under the Domestic Violence Protection Act?
Yes, if the documents submitted indicate that there is a possibility of future domestic violence, the Magistrate can issue an interim order. A declaration in Form-111 is required for an interim order.
Will the address of a domestic violence victim be kept confidential while in a shelter?
Yes, at the request of the victim, her identity will be kept confidential and not disclosed to the accused.
Can the designated medical institution under the Domestic Violence Protection Act 2005 deny the victim access to healthcare services because a DIR is not filed/not filed?
No, as per the Domestic Violence Protection Act, no declared medical institution can deny treatment to a victim on the grounds of not having/having a DIR.
What is called dowry?
The Dowry Prohibition Act (1961) defines the institution of dowry. Dowry is any property or valuable trust which is given or agreed to be given by one party to the other, directly or indirectly, at the time of marriage.
Is the dowry given at the wedding a dowry?
According to the said Act, any gift given out of affection or respect as per social custom before, during or after marriage cannot be termed as dowry or punishable under the Dowry Prohibition Act.
Should the customary gifts given to the bride be returned to the bride's side after a divorce?
Yes, according to the Dowry Restraint Act, the jewellery and other household items given to the bride at the time of marriage, such as fridge, TV, furniture and other household appliances, will have to be returned.
Is property purchased in the name of the daughter and groom by the bride's family before or during the marriage considered dowry?
If any property is purchased jointly in the name of the daughter and the groom with the money given by the bride's family before, during or after the marriage, then it is not covered by the Dowry Prevention Act. If any appeal is made in the court on behalf of the bride's family, then it will not be covered by the Dowry Prevention Act.
Is the conviction under Section 406 of the Indian Penal Code and the offence of culpable homicide not amounting to murder the same?
At the time of marriage, a dowry is given to the daughter by her father. Therefore, it can also be called the wife's property. The said property is kept in the custody of the husband on behalf of the wife. But the husband cannot misuse that property without the consent of the wife. On the demand of the wife, the husband is obliged to return that property to her. If he misuses the said property for any other reason, then he will be punished under Section 406 of the Indian Penal Code.
Are there fines and penalties for giving and receiving dowry?
Yes, there are fines and penalties for giving and taking dowry. If the Hon'ble Court had given special reasons in its judgment, then the person giving and taking dowry could be punished with imprisonment up to 5 years and a fine up to 15 thousand rupees. This fine is decided by looking at the amount of dowry.
What is called dowry-related death?
Indian Penal Code - Section 304(b) describes dowry death. If a woman dies within 7 years of her marriage due to burns or any other bodily injury or dies unnaturally and before her death, she was subjected to physical and mental torture by her husband or his relatives, then it is called dowry death.
What is the punishment for dowry-related death?
If the death is proven to be dowry-related, the culprit faces a minimum of 7 years in prison and a maximum of life imprisonment.
Is there any compatibility between Section 498(a) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act?
According to Section 4 of the Dowry Prohibition Act, demand for dowry is an offence and punishable under the Act. But Section 498(a) of the Indian Penal Code defines cruelty related to dowry. Therefore, according to the Dowry Prohibition Act, demand for dowry is an offence even if it is not violent. On the other hand, according to Section 498(a) of the Indian Penal Code, if the violence and cruelty related to dowry is committed by the other party, then they will be punishable under this Act.
Is it legal to gamble the dowry given for one's daughter's marriage or advertise for investment in a business?
No, this is not legal. According to this law, it is punishable by imprisonment for a minimum of six months and a maximum of five years and a fine of up to 15 thousand rupees.
Is it legal to agree on giving and receiving dowry during marriage?
It is illegal to agree to give and take dowry before marriage. Therefore, according to this law, if the marriage does not take place, the money given before the marriage cannot be returned.
Is it beneficial to pay dowry to a wife or her heirs?
If a man takes dowry and it is given for his own wife, then:
(a) If he received dowry before marriage, he shall hand it over to his wife within three months of the marriage.
(b) If he received dowry at the time of marriage, he shall give it to his wife within three months from the date of marriage.
(c) If the woman is a minor at the time of receiving dowry, he shall give it to his wife within three months of her attaining the age of 18. If the man does not give the dowry to his wife, he may keep the dowry in a trust for the benefit of the woman.
(d) If the man does not give the dowry received to his wife within the aforesaid period, he shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to six months and a maximum of two years and with a fine which may extend to five thousand rupees.
(d) If the woman dies before accepting the said dowry property, her heirs can claim that property.
(f) If the woman dies within seven days of the marriage and if it is not a natural death, the dowry property shall be transferred to the parents of the woman.
(g) If the woman has children, the property shall be transferred to her children or a trust shall be formed in the name of the children and kept there.
If a husband refuses to live with his wife for dowry, what steps can be taken under the law?
(a) If at the time of marriage the dowry as claimed is not paid or the dowry is less and if for that reason the husband refuses to live with the wife, then he shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.
(b) If at the time of taking the said action the husband apologizes before the court and states in his application that he will live with his wife without dowry, then the Hon'ble Court may discontinue the said action.
(c) If after the cessation of the action the wife again applies to the court in the name of her husband within a period of three years that her husband is not complying with the order of the court, then the Hon'ble Court may again extend the said action. The Court may order the fine collected from the husband to be paid for the maintenance of the wife.
If the husband is found guilty under the Dowry Prohibition Act, will he provide maintenance to his wife?
(a) If the husband is found guilty under this Act, his wife may claim maintenance within two months from the date of the order of the Hon'ble Court. The Court may order maintenance up to Rs. 500 per month. The Court shall not pass such order until the husband has been given sufficient opportunity to present his case.
(b) Before fixing the monthly maintenance, the following matters shall be taken into consideration.
(a) The husband's income and dignity
(b) The reasonable needs of the wife
(c) The value of the wife's property and her income from her own family or from any other source
(c) Such order as the Court may direct. If the maintenance is not paid by the Hon'ble Court, then it shall be recovered from the property in her name.
Is giving and taking dowry a serious crime?
Under this Act, both giving and receiving of dowry are cognizable offences on the following grounds: (a) Police report indicating the said offence. (b) If the victim's office or her parents or any relative or any institution recognized by the Central or State Government files a complaint.
What are the powers and functions of Dowry Prevention Law Officers?
If the State Government is in favour of the Dowry Prohibition Act, it may appoint a Dowry Prohibition Officer who shall exercise his powers only in dowry cases. For example:
(a) Whether the case falls within the ambit of the Dowry Prohibition Act or not?
(b) He shall prohibit as far as possible the taking or demanding of dowry.
(c) Before convicting a person convicted under the Act, he shall collect the evidence against him.
What are the additional powers of the Dowry Prevention Officer?
(a) He may, with the help of various departments of the Government and voluntary organizations, create awareness among the people against dowry by organizing various camps or other means.
(b) He may mediate dowry disputes through mediation or through family counseling centers or any person or organization selected by him.
(c) He may take the help of any police agency to expedite the investigation of dowry cases.
(d) He may give the evidence collected by him in any dowry case to the police officer who may include the said evidence in the investigation.
(e) He may advise the public prosecutor or the assistant public prosecutor in the case while the dowry case is pending in the court.
(f) He may submit to the District Magistrate or Superintendent of Police or Director or Commissioner every three months the number of complaints received, the number of actions taken and the number of cases resolved.
(g) He may refer any case to the Advisory Council constituted under the said Act for consideration or seek the advice or assistance of the said Council.
What is the procedure for appealing against the dowry collection officer appointed for dowry collection?
(a) The Dowry Prohibition Officer shall receive a written complaint from the victim or the woman, her parents or her relatives, either by hand or by post. He may also take action on the matter on his own initiative.
(b) He shall register the written complaint.
(c) He may also conduct a preliminary inquiry after examining the written complaint.
(d) He shall inform both the parties of the date, time and place for the hearing of the case.
(e) The Dowry Prohibition Officer may also appoint any other officer to investigate the matter.
Can the state government constitute an advisory council for dowry ban on the recommendation of the District Magistrate?
(a) The State Government may, on the recommendation of the District Magistrate, constitute an Advisory Council. The said Council shall consist of five socially responsible persons, two of whom shall be women.
(b) There shall be at least three members for the meeting of the Council and one of them shall be the Chairperson.
(c) The Council shall be constituted by the Government and the term of the said Council shall be three years. The members of the said Council shall be eligible for re-election for a second term.
(d) The Chairperson of the Council shall be elected by the members.
(e) The Dowry Prevention Officer shall be the convenor of the said Council.
What are the working procedures of the council?
(a) Discuss the quarterly reports of the Dowry Prevention Officer.
b) The Council shall provide advice and assistance to the Dowry Prevention Officer, if required.
(c) Discuss dowry-related issues and inform the officer of its views.
How does the membership of the Advisory Council expire and what is the process for filling vacancies?
If any member is absent from three consecutive meetings and for any other reason specified by the government, his membership shall be cancelled. The District Collector may nominate another member to fill the vacancy and the said member shall hold office till the expiry of the term of the Council.
If any question arises in the law related to dowry, then is the government's directive on it acceptable?
Yes, if any question arises in the dowry law, then the matter can be referred to the government for consideration.
What is the purpose of this law?
This law was enacted to eliminate gender discrimination in the workplace.
What are the provisions in this law regarding equal pay for any reformed employer?
According to this law, any employer is required to pay equal wages to men and women employed in the same job in his organization. If before the enactment of this law, women employed in the same job in an organization were paid less than male employees, the society is required to pay the same wages from the date of enactment of this law.
Does this law prohibit discrimination between women and men in employment in various employment agencies?
According to this law, women and men have equal rights in employment in all workplaces. The only exception to this is if a job is unsuitable for women; but in all other cases, discrimination against women on the basis of sex in employment is prohibited.
Will women employed in the same job be given the same opportunities as men in terms of job regulations, promotions, training, or transfers after employment?
Women employed in the same job will be given equal opportunities with men in terms of job regulations, promotion, training, or transfer after employment.
Does this law contain any provisions to increase the employment of women in various sectors at the government level?
The Act provides for the formation of an advisory committee by the Central Government for centrally run undertakings and by the State Government for state run undertakings. The committee will have at least 10 members, half of whom must be women, and will make recommendations to the Government for the employment of women in various sectors.
According to this law, if an employer does not pay equal wages to women and men engaged in the same work, where or to whom can the concerned employee complain?
The Central Government for Central Government employees and the State Government for State employees shall appoint an officer of the rank of Labour Officer to whom the employees may lodge complaints in case of violation of this Act. Women can lodge complaints with the above Labour Officers in their area if they are paid less than men doing the same work.
If there is a conflict between two tasks being the same type of task, who will the employee go to for resolution?
If a dispute arises as to whether any two jobs are of the same type, the employee will approach the Regional Labor Officer to resolve the dispute.
What powers does the above labor officer have?
The above Labour Officer has all the powers of a Civil Court. He can receive all kinds of evidence and order the attendance of any witness. He can also call for any other documents for inspection.
If any party is not satisfied with the above order of the Labour Officer, what can he do against it?
If any person is not satisfied with the order of the Labour Officer, he may appeal against his decision to the Appellate Officer appointed by the Government within 30 days of the date of the order. The decision of the said Appellate Officer shall be final.
If a person who wants to appeal; but due to some unavoidable reason is unable to appeal within the stipulated 30 days, can he still appeal or not?
If any person who wishes to appeal against the decision of the Labour Officer; but is unable to file an appeal within the prescribed period of 30 days due to any compelling reason, he may file an appeal within another period of 30 days. But he may file an application for admission of the appeal showing sufficient cause for not being able to file the appeal within the first period of 30 days and if the Appellate Officer is satisfied with the same, he shall hear the said appeal. But after these 60 days, no appeal shall be entertained for any reason whatsoever.
Is the employer required to create a register of his employees under this law?
Under this law, employers are required to create a register of their employees.
Is there any authority to monitor whether the guidelines given in this law are being implemented in which institution?
The Central Government in the Central Region and the State Government in the State Region may appoint one Inspector each to monitor the proper implementation of the provisions of this Act in the institutions. The territorial limits of these Inspectors may be fixed by the Government by notification.
What powers does the above Inspector have?
The above inspector may at any convenient time visit any office in his area and inspect any register and documents relating to the details of the company from the officer in the said office and may also request copies thereof.
Does the said inspector have the right to question any correctional officer or worker or any agent connected with the said institution regarding whether this law is being properly followed in that institution?
The above inspector has the right to summon any person of the institution or any person associated with that institution to inquire into whether the provisions of this Act are being implemented properly in any institution.
If an employer of an organization fails to prepare the register and other documents mentioned in this Act for its employees or fails to provide them for inspection by the inspector if required, is there any penalty for the said employer?
If any employee fails to produce the necessary documents in respect of his/her employees as prescribed in this Act or fails to produce them for inspection by the inspector, he/she shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both, as the case may be.
Will an employer be liable for punishment if he violates the guidelines given in this law and pays women employed in the same job lower wages than men or if he observes gender discrimination among the employees?
If any employer fails to pay equal remuneration for equal work as per the provisions of this Act and discriminates between his employees on the basis of sex, he shall be punished with a fine ranging from Rs. 10,000 to Rs. 20,000 or with imprisonment ranging from 3 months to 1 year or with both, if necessary.
If an employer commits the above mistake again after being punished once, what punishment will he receive?
If an employer commits the above offence again after being punished once, he will be punished with imprisonment for a term which may extend to 2 years.
Is there any provision for punishment if an employee or staff refuses to provide any register, paper or record information required for inspection by an inspector?
If any employee or worker refuses to provide any register, paper or information required by the inspector, then he/she is liable to pay a fine of up to Rs. 500.
If a company violates this law, what action will be taken against it?
If any company violates this law, then the officers who were in charge of the company or supervising the company's work at the time of the violation, and the company itself, will be held responsible for the violation and appropriate action will be taken against them and appropriate punishment will be imposed.
If an officer who is an executive of a company at the time of the violation of this law; but the violation occurred without his knowledge, will he be punished?
If any officer of the company has committed a violation of this law in the company without the knowledge of the officer or if the said officer has not been able to prevent the violation despite all his efforts, then he will be exempt from punishment for the said violation.
If it is proven that the violation of this law was committed with the consent or will of the Director, Manager, Secretary or any other high-ranking officer of the company, will they be punished or not?
If this law is violated in the company with the will of the Director, Manager, Secretary or any other high-ranking officer of the company, then appropriate action will be taken against them and they will be punished according to the law.
In which court will cases related to violations of this law be tried?
Cases of violation of this Act will be tried by the local First Class Judicial Magistrate.
When can the court hear this case?
The court may investigate the case on its own initiative if it has taken cognizance of the offence or if it is filed by the government or if it is filed by any designated officer or if the employee himself files the complaint or if the complaint is filed by a public welfare organization registered with the government.
Can the government make any necessary regulations for the proper administration or implementation of this law?
The Central Government may make rules in writing for the proper administration of this Act. For example, how to file complaints, how to maintain a register, etc.
Can the Central Government issue necessary orders to the State Government regarding this Act for proper implementation of this Act in the State?
The Central Government may, from time to time, issue necessary directions to the State Governments for the proper administration of this Act in the States.
If there is a system in place to provide more opportunities to female employees in an organization or office, will this law hinder it?
If an organization is providing more benefits to female employees, it will not be hindered by this law.
If there is a disparity in pay between female and male employees in an organization due to some other reason than gender, would that be a violation of this law?
If the disparity in pay between men and women in an organization is not due to gender, then the organization shall inform the government about it and if the government verifies and is satisfied with the truth of it, it shall issue a written notification stating that the disparity in pay in the organization does not fall within the scope of this Act.
If any of the provisions of this Act need to be changed or if it becomes necessary to repeal any of the provisions, then who can do so?
If any amendment is required in this Act or any of the provisions of this Act need to be omitted, the Central Government may issue appropriate instructions in this behalf and the said amendment shall be passed by both the Houses of Parliament as soon as possible.
How many complaints do you have to submit while filing a complaint with the labour officer?
The labor officer has to submit three copies of the complaint in Form 'A'.
Should multiple employees working in an organization file separate grievances for the same grievance or should they file one grievance jointly?
Employees of the same organization can file separate grievances for the same grievance and can also file a single grievance jointly if they wish.
Is the employee obliged to file this complaint himself?
This complaint can be filed by the employee himself or through an attorney or by a member of a registered labor organization authorized by the complainant or by any person with the permission of an Inspector or labor officer appointed under this Act.
If an application has to be submitted to the labour officer to get any arrears of wages, in which form should the employee submit it?
To get the arrears of wages, the employee will submit 3 copies of Form 'K' to the Labour Officer.
Can employees of a correctional facility file a joint complaint for the same dues claim to get back wages?
Employees of an organization can file separate complaints and also file a joint complaint letter to claim the same amount and get back wages.
Is it mandatory for an employee to file a complaint himself for dues?
An employee may file a complaint with the Labour Officer himself to recover his dues from the employer or may file it through an advocate or may authorize a member of a registered labour organisation to file the complaint on his behalf or may file the complaint with an inspector appointed under this Act or may file the complaint with any person with the permission of the Labour Officer.
In which form will the authorization be submitted?
The above authorization shall be submitted by the complainant along with the complaint application in Form ‘C’, which shall remain on file as part of the complaint.
Who will get the benefits of Hindu Marriage Act?
Every Hindu, Buddhist, Jain and Sikh person will be covered by this law.
What is meant by custom and tradition according to this law?
According to the Hindu Marriage Act, the principles that people have been following for years or across generations, even if they are not in the law, are recognized as legal by the devout practices and traditions of the region or community where they are followed.
What is meant by 'consensual sex' in Hindu Marriage Act?
According to this law, intercourse with up to three men, starting from a person's mother, and intercourse with up to five men, starting from a person's father, is called incest.
What relationships are prohibited for marriage under this law?
According to this law, the following relationships are prohibited for marriage:-
.If a person is a descendant of another person.
.If a person is the wife or husband of another person's descendant or ascendant.
.If a person is the wife of another person's brother or father's wife or maternal uncle's wife or maternal grandfather's wife or maternal grandmother's brother's wife.
.If two brothers and sisters, grandfather and niece, uncle and nephew or children of brothers and sisters or children of two brothers or children of two sisters.
What are the conditions laid down in this law for marriage between any two Hindus?
The Act requires that the following conditions be met for any two Hindus to marry: –
Neither of them shall have a husband or wife living at the time of the marriage;
Neither of them shall have been incapable of consenting to the marriage due to mental disorder; or if capable of consenting, shall not have been incapable of marrying or having children due to mental illness; or there shall be no intervening insanity.
The age of the bridegroom shall not be less than 21 years and the age of the bride shall not be less than 18 years at the time of the marriage.
They shall not have entered into illicit intercourse (unless custom and tradition preclude such marriage). They shall not have had consensual intercourse (except where consensual marriage is permitted by custom and tradition).
How is marriage performed between Hindus?
According to this law, marriage among Hindus can be performed according to the traditional rituals of either the bride or the groom. If there is a Saptapadi in this ritual, then the marriage will be consummated after the bride and groom walk around the sacred fire together seven times.
Is there a provision for marriage registration in the Hindu Marriage Act?
The State Governments may make rules for registration of marriages to maintain legal evidence of marriage under the Hindu Marriage Act. The said rules shall be approved by the State Assembly. Accordingly, registration of marriages has been made compulsory.
Will a Hindu marriage become invalid if it is not registered?
A Hindu marriage is not invalid even if it is not registered.
If one of the husband or wife has strayed from the marital relationship without any valid reason, what can the other do to reestablish the relationship?
If either of the husband or wife has separated from the other without any valid reason, then that person can file a case for restoration of marital relationship in the court dealing with such cases in the district and the court will inquire into the truth of the case and give appropriate orders. Now, family courts have been set up in the districts to try such cases.
Does this law provide for judicial separation between husband and wife?
Under this law, a husband and wife who wish to live separately from each other can apply for divorce based on any of the grounds for divorce.
What is meant by the term "Judicial Separation"?
If the court accepts the application for judicial separation of husband and wife and passes a suitable order for this, then the husband is no longer obliged to have sexual intercourse with the respondent. However, in this case, again, if either party, showing sufficient reasons, applies to the court to revoke this order, and the court can revoke this order if it is in their interest.
What is called a void marriage?
After the enactment of this law, (1) if either of the spouses had a previous spouse alive at the time of marriage, (2) if the marriage was consummated during the period of incestuous intercourse (if custom and tradition permit this, this shall be excluded), (3) if both spouses were incestuous intercourse (if custom and tradition permit this, this shall be excluded), then either spouse may apply for a declaration of incestuous intercourse.
Which marriage can be declared voidable?
Any marriage entered into before or after the enactment of this Act may be declared void by the Court on any of the following grounds:
If the marriage has not taken place because of the eunuchship of the other party, or
If the other party has been previously found to be unfit for marriage for mental reasons, or
If the consent to the marriage has been obtained by force or fraud from the party before the Court or from his guardian, or
If the other party has become pregnant by another man at the time of the marriage.
It is clear that if the marriage has been concluded by fraud or force, he may apply to the Court for a declaration of the marriage to be void within one year of the discovery of the said fear or fraud.
What are the valid grounds for divorce under Hindu Marriage Act?
According to the Hindu Marriage Act, a husband or wife can apply for divorce in court on any of the following grounds:
If the other party has had physical relations with someone other than him after marriage, or
If the other party has been violent towards him after marriage, or
If the other party has been living separately for two years before filing the case, or
If the other party has converted from Hinduism to another religion, or
If the other party is suffering from an incurable mental disorder or his mental disorder is such that it is impossible for anyone to live with him; or
If the other party is suffering from incurable leprosy, or
If the other party is suffering from a sexually transmitted disease, or
If the other party has left the world to pursue a spiritual life, or
If the other party has not been found for the last 7 years or more or there is no news of his life.
Apart from the above reasons, what other reasons are there? Under this law, can either the wife or the husband apply to the court for divorce?
In addition to the above reasons, a husband or wife can also apply for divorce in court for the following reasons:
If the husband or wife does not restore the relationship of togetherness between them for a period of 1 year or more after the order of judicial separation as per the law, then that can be a reason to apply for divorce, or
If the marital relationship between the husband and wife does not restore the relationship between them even after a period of 1 year or more after the court order for restoration of the marital relationship, then that can also be a reason to apply for divorce.
On what grounds can a woman approach the court for divorce under this law?
A woman can apply for divorce from the court on the following grounds:
If the marriage of a woman takes place before the coming into force of this Act and her husband after marrying her remarries before the coming into force of this Act or marries someone else before marrying her and the former wife is alive at the time of marriage with the woman, then the woman can apply for divorce from the court. In both cases, the other wife of her husband must be alive at the time of the application for divorce.
If the husband has been involved in rape, homosexuality or bestiality since the marriage or has been convicted of such acts, then the woman can apply for divorce.
If the husband has been ordered by the court under any law to maintain the wife and they have not lived together for a period of one year or more after the date of the said order, then the woman can apply for divorce.
If a woman was married before she turned 15 (with or without marital intercourse) and she repudiates the marriage after she turns 15 but before she turns 18, she can apply for divorce.
Can the court give any other directions in a case where a divorce petition is filed?
In a case where a divorce petition is filed, the court can order a judicial separation instead of a divorce petition on any of the following three grounds:-
If the other party has converted to another religion from Hinduism
If the other party has renounced the world and taken up the Sannyas Dharma to lead a spiritual life
If there is no news of the other party for a period of 7 years or more or if no one has heard that he is alive
Is there any provision in this law for divorce by mutual consent?
According to this law, both parties can jointly apply for divorce in court if they have the following reasons:
They must have been living separately for the past 1 year or more.
They cannot live together and (therefore) must agree to divorce.
How long will it take for the court to decide this case?
If both parties jointly apply for divorce in court with the consent of both parties, within 6 to 18 months of the filing of the case (if the case is not withdrawn), then the court will hold a proper hearing and, if satisfied, will order the divorce.
How many days after marriage can a divorce be filed?
A divorce petition cannot be filed within one year of marriage.
Is it possible to apply for divorce within 1 year of marriage, even in exceptional circumstances?
If there is any such extraordinary reason, then in such a situation, in which it is impossible for the husband and wife to live together, in such a situation, even within one year of marriage, an application for divorce can be filed within one year by informing the court about this situation and if the court is satisfied with the said reason, it will accept the divorce case within one year or reject it and ask it to be filed after one year. At the time of hearing the application, the court will also take into consideration the protection of the children of the couple, if any, and whether there is any hope of reconciliation between them.
How long can a person remarry after a divorce petition is dismissed in court?
After the court pronounces its judgment on the divorce petition, and if there is no provision for appeal against this decision, or if there is a provision for appeal, the appeal is not filed within the specified time for filing an appeal, or if an appeal is filed, it is rejected, then both parties who filed the divorce petition may remarry.
Will a child born out of an invalid or declared invalid marriage be considered illegitimate?
A child born out of an invalid or declared invalid marriage shall be considered a legitimate child.
Under the Hindu Marriage Act, will a Hindu husband or wife be invalid if they remarry while their husband or wife is alive?
After the enactment of the Hindu Marriage Act, if a Hindu woman remarries while her husband is alive or a Hindu husband remarries while his wife is alive, the marriage will be considered void and the blood relatives will be punished under sections 494 and 495 of the Indian Penal Code.
If a Hindu woman gets married before the age of 18 and a man gets married before the age of 21, will he be punished?
If a Hindu woman marries before the age of 18 and a man before the age of 21, she can be punished with rigorous imprisonment for a term which may extend to 2 years or with fine which may extend to 1 lakh rupees or with both the punishment and fine.
Will a Hindu woman or man be punished if he marries within a forbidden relationship or under a contract?
If any Hindu woman or man marries within the prohibited relationship or contracts marriage within the forbidden relationship, he shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both.
In which court will these lawsuits be filed?
These cases are usually filed in the family court in the area, but in areas where there is no family court, the case will be filed in the district court.
Where will this case be filed?
The suit may be filed in the court at the following place:-
where the marriage was solemnized; or
where the defendant resides; or
where the man and the defendant last resided together; or
where the woman files the suit, then at the place where the woman resides at the time of filing the suit; or
where the defendant resides in a place outside the ambit of this Act; or if the defendant has not been found at his address or has not been heard of for a period of 7 years or more, then at the place where the man himself resides.
If two parties have filed two separate lawsuits under this law for different reasons in two different courts, then how will they be heard?
If two parties have filed two separate lawsuits in separate courts for different reasons, then the case filed later will be transferred to the court where the case filed first is located and will be heard together.
Under which law will cases under this Act be handled?
These cases will be handled under the Civil Procedure Code.
How many days does this law mandate for the hearing of these cases to be completed?
The court will try to hear these cases expeditiously and conclude them within six months of the receipt of the notice by the respondent. Similarly, if an appeal is filed, the court will try to conclude the hearing of the case within three months of the receipt of the notice by the respondent to appeal.
Can unstamped or unregistered written documents be accepted as evidence under this law?
According to this law, even unstamped or unregistered papers can be accepted as evidence.
How is this case heard?
The hearing of this case will be held in camera in a closed room, but this hearing cannot be published. Only the judgment of the High Court or the Supreme Court can be published with the permission of the court. If anyone violates this law and publishes the hearing of any case, he can be punished with a fine which may extend to 2 thousand rupees.
Does this law have any provisions for resolving disputes between parties?
In cases under this Act, it is the first duty of the court to refer both the parties for conciliation before passing any order and the court always tries to resolve these related cases amicably.
How does Bhakta get a copy of the divorce decree after the court issues a divorce decree?
The law states that after issuing a divorce decree, the court should provide a copy of the decree to both parties free of charge.
How will one handle the case if one of the two parties in the case is unable to earn a living?
If the party filing the case (whether the woman or the husband) is not able to earn a living, he can apply for the expenses of conducting the case from the respondent and the court will hear the application and give appropriate directions on the same, taking into account the respondent's income. The court will try to dispose of the application within 60 days from the date of receipt of the notice to the respondent.
Is there a provision for monthly maintenance in this law?
According to this law, the court, taking into account the income and assets of both parties, can order the respondent to pay a specified amount of monthly maintenance to a wife or husband who is unable to support himself or herself or who does not have his own income.
Can the court change the above order if there is any change in the circumstances in the future?
If there is a change in circumstances and either party applies to the court in this regard, then after receiving sufficient evidence and if there is a reasonable understanding, the court may modify the above monthly maintenance order.
Does this law have any provisions regarding the maintenance, upbringing and education of minor children?
Under this Act, if a husband or wife files a case in court and any interim application is filed for the maintenance, upkeep and education of their minor children, the court may hear the application and direct that suitable arrangements be made for the children. The court shall endeavour to dispose of this interim application within 60 days of the receipt of notice by the respondent.
Is there a provision for appealing against the court's decision under this law?
According to this law, although the court's verdict has been issued within 90 days from the date of its issuance, the law has prescribed a time limit of 30 days to file an appeal against the verdict of the family court after the Family Court Act was enacted.
Can the court order permanent maintenance while hearing a divorce case?
While deciding a divorce case, the court may order a permanent maintenance payment, taking into account the income and assets of the other party and the age of the party applying for maintenance.
If a person who is receiving maintenance under the court order under this law remarries, will he still receive maintenance?
According to this law, if a person receiving maintenance under a court order remarries, and the person who paid maintenance applies to the court in this regard, the court can change its previous order and stop the monthly maintenance.
If a woman receiving maintenance has sex with another man or a husband receiving maintenance has sex with another woman, will he still receive maintenance?
If the woman receiving maintenance has sexual intercourse with another man or the husband receiving maintenance has sexual intercourse with another woman, then if the court of appeals in this regard, the court can modify its previous order and stop the monthly maintenance.
If the husband has filed a case for divorce or legal separation from the respondent or to restore marital relations, can the respondent file his claim without responding to the petition?
In an application for divorce, legal separation or restoration of marital relations, the respondent may file his/her reply along with his/her rebuttal and claim. If the court is satisfied with the evidence presented by the respondent, it may also pass orders on his/her claim.
How are the directions or judgments given under this Act implemented?
The judgment given under this Act is implemented according to the procedures laid down in the Code of Civil Procedure.
Who will be covered under the Hindu Succession Act?
All Hindu, Buddhist, Jain and Sikh religious followers will be covered by this law. Their children will also be covered by this law.
Will the illegitimate children of any Hindu, Buddhist, Jain or Sikh person be covered by this law?
Children, whether legitimate or illegitimate, whose parents are Hindu, Buddhist, Jain or Sikh, will also be covered by this law.
If one of the parents of a child is a follower of the above religion, can that person avail the benefits of this law?
Yes, both legitimate and illegitimate children, if one of the parents is a Hindu, Buddhist, Jain or Sikh and the child is being raised by him, then the said child is entitled to all the benefits mentioned in this Act.
If a person of another religion has converted to the above religion, can he/she avail the benefits of this law?
Any person who has converted from another religion to Hinduism, Buddhism, Jainism or Sikhism or who has converted back to these religions after converting from another religion will get the benefits under this law.
In Hindu inheritance law, what is meant by agnate?
In Hindu inheritance law, a person's own child or adopted child (whether or not he is a descendant of his father) is called an agnate.
Who is meant by cognate in Hindu Succession Act?
In Hindu Succession Law, a person's own child or adopted child (whether or not he or she is of the same maternal lineage) is called a cognate.
What is meant by full blood according to this law?
According to this law, two people who are born to the same parents are said to be related by full blood.
What is meant by "half blood" according to this law?
According to this law, two people who are children of the same father but have different mothers are called half-blood relatives.
What is meant by the term "uterine blood" according to this law?
According to this law, two people who are born from the same mother but have different fathers are said to be related by blood.
Who is meant by the term heir?
According to this law, the person or persons who are entitled to inherit the property of a deceased person (whether male or female) are called the heirs of that person.
Who is meant by relative in this law?
All relatives and blood relatives of the father and mother are considered relatives under this law.
Are illegitimate children included in the family?
Illegitimate children will be considered as good relations of their mother, and legitimate children of good mothers will also be considered as relations.
Will the Hindu Succession Act apply to the property of a devotee which is covered by the Indian Succession Act?
The Hindu Succession Act will not apply to property that is covered by the Indian Succession Act.
Will any property sold, divided or given away by will before the amendment of the Hindu Succession Act, 2005 be declared illegal?
Any property sold, divided, or given away by will before December 20, 2004, will not be declared illegal.
Do women have rights over ancestral property in Hindu joint families?
In a Hindu joint family, daughters have the same rights as sons in the ancestral property. After the amendment of the Hindu Succession Act in 2005, daughters have the same birthright as sons in the ancestral property. Like sons, daughters have the same rights of inheritance and are subject to the same obligations.
Does a Hindu woman have the right to sell the property she inherits as a member of a joint family?
A Hindu woman has full right to sell the property she acquires as a member of a joint family.
If a Hindu person dies after the amendment of the Hindu Succession Act, 2005, how will his heirs get his share in the community property?
If a Hindu dies after the amendment of the Hindu Succession Act, 2005, his share in the community property will be distributed among his heirs in the proportions provided for in the Act.
If a Hindu dies without making a will, how will his property be distributed?
If a Hindu dies without making a will, his property shall be distributed as follows:
First, it shall be distributed to his first class of heirs as defined in this Act.
If there are no first class of heirs, it shall be distributed to his second class of heirs.
If there are no second class of heirs, it shall be distributed to his co-governors.
If there are no co-governors, it shall be distributed to his immediate family.
How will the property be distributed among the first class heirs?
The widowed wife or, if there is a single wife, all of them will get a share of the property together.
The sons and daughters of the deceased and the mother of the deceased will all get a share of the property each.
The heirs of the deceased son or the heirs of the deceased daughter will get a share of the property each.
When a Hindu man dies without making a will, how can his wife inherit his property?
According to Hindu inheritance law, a wife is a first class heir. So after the death of her husband, she will get her share in his property as a first class heir.
Does a Hindu woman have full rights to her property?
A Hindu woman has full rights over her property. No one can diminish this in any way.
How will a Hindu woman's property be distributed among her heirs after her death?
If a Hindu woman dies without making a will, her property will be distributed as follows –
Firstly among her sons and daughters (whether the son or daughter died as her children) and the deceased’s husband.
Secondly among the husband’s relatives.
Thirdly between the deceased’s mother and father.
Fourthly among the father’s heirs and
Finally among the mother’s heirs.
If a Hindu woman has inherited any property from her parents, then who will get the good property after her death?
The property inherited by a Hindu woman from her parents shall, after her death, be inherited by her children or the children of her deceased child. If she is childless or her deceased child is childless, her property shall be distributed among the heirs of her father.
If a Hindu woman has inherited any property from her husband in the form of a will, then who will inherit the property after his death?
The property inherited by a Hindu woman from her husband shall, after her death, be inherited by her children or the children of her deceased child. If she is childless or her deceased child is childless, then her property shall be distributed among the heirs of her husband.
Is a full-blood person a better claimant to property than a half-blood person?
A full blood person has a superior claim to the estate of a deceased person. A full blood relative has the first claim over a half blood relative.
Is a half-blood brother a better claimant to property than the children of a full-blood brother?
Half-blood brothers have a better claim to property than the children of full-bloods. Because a brother is a closer relative than his brother's children.
Is the half-blood brother of the deceased's father a superior claimant to the child of the full-blood brother?
The half-blood brother of the deceased's father is a superior claimant to the property over the child of the full-blood brother.
Does a child in the womb have property rights?
A child, whether a son or a daughter, who is still in the womb of his father at the time of his death has the same right to his property as he would have had in his father's property if he had been born before his father's death. This right shall apply from the date of his father's death.
Do the heirs of a deceased person's estate have any special rights to purchase their property from each other?
If any of the heirs of the deceased person's estate wants to sell his share, the other heirs have the prerogative to buy it first. If no other heir wants to buy the inheritance, he can sell it to someone else.
Can daughters seek the help of the court to divide their father's house after his death?
Earlier, the law did not allow daughters to file cases for partition of their father's house. However, in 2005, the law was amended and according to the amended law, daughters can also file cases in court demanding their share in the paternal house, just like sons.
Does a murderer have property rights?
A person who has killed or helped to kill someone will be disqualified from inheriting their property, even if they are the heir of that person.
Will an heir who has converted to another religion inherit the property?
If the heir of a Hindu person converts to another religion at the time of the person's death, he will be deprived of his property rights.
Do the children of an heir who has converted to another religion have the right to inherit the property of a Hindu communal family?
The children of an heir who converts to another religion will also be deprived of the right to inherit the property of the Hindu joint family.
If a person converts to Hinduism and then converts back to Hinduism or his children convert to Hinduism, will they be eligible to inherit the property of the Hindu joint family?
If the converted heir were to convert back to Hinduism or his children were to convert back to Hinduism, they would be eligible to inherit the Hindu community property.
How will the deceased person's property be distributed if an heir is unfit to inherit it?
If at the time of the death of a person any of his heirs is legally ineligible to inherit, the said ineligible heir shall be deemed to have died before the deceased and the property shall be distributed to those to whom it would have been distributed in his absence.
Is there any problem in acquiring the property of a sick or disabled person?
No, no person shall be deprived of property rights because of his health or physical disability.
If a person has no heirs, who will inherit his property after his death?
If a Hindu person has no heirs under this law, then his property will go to the government after his death and all rights and responsibilities of the said property will also go to the government.
Does a Hindu woman or man have the right to do anything with their own property, whether by will or testament?
Yes, a Hindu woman or man can give away or sell their own property to anyone through a will or donation.
Who will be included in the first class of heirs under the Hindu Succession Act?
According to the Hindu Succession Act, the following persons are first class heirs - son, daughter, wife, mother, if a son is deceased then his children, if a daughter is deceased then her children, widowed daughter-in-law, grandson, granddaughter, granddaughter-in-law.
Who will come under the second class of heirs under the Hindu Succession Act?
According to the Hindu Succession Act, the following persons are second class heirs:
Father
Son's son, son's daughter, brother, sister.
Daughter's son, daughter's son, daughter's son, daughter's daughter, daughter's daughter.
Brother's son, sister's son, brother's daughter, sister's daughter.
Father's father, father's mother.
Father's widowed wife, brother's widowed wife.
Father's brother, father's sister.
Mother's father, mother's mother.
Mother's brother, mother's elder sister.
Can a Hindu bequeath his property to another person through a will under Indian inheritance law?
Any Hindu can pass on his property to another person through a will under Indian inheritance law.
What is the Indian Christian Marriage Act 1872?
Marriage between two persons, one or both of whom are Christians, is performed under the Christian Marriage Act, 1872. When a marriage is performed by a church official under the Indian Christian Law, it is held that the marriage is valid and the church official takes it as his belief that both parties have freely consented to a pious marriage. A Hindu can marry a Christian under the Special Marriage Act.
What is the Indian Christian Marriage Act 1872?
Marriage between two persons, one or both of whom are Christians, is performed under the Christian Marriage Act, 1872. When a marriage is performed by a church official under the Indian Christian Law, it is held that the marriage is valid and the church official takes it as his belief that both parties have freely consented to a pious marriage. A Hindu can marry a Christian under the Special Marriage Act.
By which persons can this marriage be performed?
(a) by a clergyman, ordained by a bishop in accordance with Christian rites and customs; or
(b) by a bishop of the diocese of Scotland in accordance with Christian rites and customs; or
(c) by a recognized Christian clergyman; or
(d) in the presence of a registrar of marriages appointed by this Act; or
(e) by a person authorized by this Act to certify marriages solemnized among Christians.
Who can grant or deny the license required to perform a Christian marriage?
The State Government may grant marriage licenses to religious officials for the area under its administration and shall notify the same in the Official Gazette. It may also revoke it by virtue of the said notification.
Who is appointed as the registrar for this marriage and who appoints them?
The State Government may appoint more than one Christian person as Registrar of Marriages in the name or office of any district. Where there are more than one Registrar of Marriages in a district, the District Magistrate may act as Registrar of Marriages for the time being, if the said Registrar is absent from the said district due to illness or other reason or if his office is temporarily vacant.
Who grants marriage certificates to Indian Christians?
The State Government may grant permission to a Christian person to issue marriage certificates to Indian Christians in his name or in the name of his office for a specified period. The said permission may also be revoked by notification in the Official Gazette.
When do Indian Christians get married?
(a) According to this law, all Christian marriages can be celebrated between the hours of 6 am and 7 pm. But exceptions can be made in some places, such as -
(b) The Clergyman of England can perform marriages at other times in a private palace if he so desires.
(c) The Clergyman of Scotland performs marriages according to the laws, customs and songs of the Scottish monarch.
Where do Indian Christians get married?
Generally, Indian Christian marriages take place in churches. The head of an Indian church can perform the marriage at a place other than the church; but the place must be within five miles of the church. For this, he must obtain a special license.
Do I have to pay anything for this wedding?
The Registrar of the Church shall fix the fees for obtaining the above-listed special licenses as per the orders of the local bishop and this may be changed from time to time.
Notification required for a Christian marriage to be performed.
When a Christian marriage license is obtained, the persons agreeing to the marriage shall give a written notice to the religious head. The notice shall contain the following:
(a) Name, sex and age of the person to be married
(b) Residence
(c) Since when is he residing
(d) Whether the marriage will be performed in a church or in a private residence
(e) If one of the bride and groom has been residing at the residence mentioned in the notice for more than a month, then he shall be arrested and the notice shall state that he has been residing there for more than a month.
Where is the notification published?
If the persons who are going to get married are going to perform the said marriage in a particular church and if that devotee has given a notice to the religious head to execute the church, then the said religious head shall post this notice in a place where all the church members can see it.
How is the notification transferred?
If the religious head of the religious authority to whom the notice has been given cannot execute the notice, he shall return it to the person who gave the notice or shall assign the notice to another religious authority, who shall post the notice in a conspicuous place.
What should be the notice for a marriage ceremony in a private residence?
If a Christian marriage is to be performed in a private residence, the religious head who has received the notice shall forward the notice to the District Marriage Registrar and the said notice shall be posted by the marriage registrar in a place where it can be seen by the public.
What are the rules for publishing the notice if a person who has come for marriage is a minor?
If a person who has come for marriage is a minor, then the religious head shall, within 24 hours of receiving the said notice, return the said notice to the Crown or send a true copy of this notice to the District Marriage Registrar and if there are more than one Registrar in a district, then a true copy of the notice shall be given to the Barista Marriage Registrar.
What should I do after receiving the above notification from the marriage registrar?
(a) After receiving the said notice from the person to whom the notice is sent, the religious head shall issue a declaration for the marriage and the declaration may be issued by the religious head within four days of receiving the notice.
(b) After any person has given a declaration for the marriage, the religious head shall issue a certificate to him.
But before issuing the certificate, the following declaration shall be made.
(i) The marriage of a devotee is also valid.
(ii) They have expressed their consent in the declaration within the limits of law.
(c) This consent may be given by the father of the minor, if he is alive. If the father is dead, he may be given by the guardian of the minor and if there is no guardian, his mother may also give her consent in the declaration.
The father, mother or guardian who gives his consent in the declaration must be an Indian citizen.
(d) At any time the religious head may, if he thinks fit, invalidate the certificate before it is issued and shall give notice in his hand to the person who issued the marriage license to that effect. In the said notice he shall state the reasons why he invalidates the certificate. (e) The religious head shall, before issuing the certificate of invalidation for a blood marriage, examine it and be satisfied that it is not valid. Such notice shall also be withdrawn by the person who is the party to the marriage.
What is the procedure for issuing marriage certificates for Indian Christians?
(a) When a person intending to marry takes a notice of marriage to an Indian Christian religious leader or applies to him for a certificate, that religious leader shall, before issuing the certificate to the person concerned, explain to him the meaning of the Indian Christian marriage customs and, if it is not in accordance with the Indian Christian marriage customs, return the said notice or certificate to the person giving the notice of marriage with a translation into his own language.
When is a Christian wedding performed?
After the Christian religious leader issues the marriage certificate, the marriage is performed between the two persons mentioned in the notice. However, in order to perform the said marriage, there must be two witnesses besides the religious leader.
Can a marriage certificate be invalidated for any reason?
Yes, if the marriage is not solemnized within two months of the issuance of the marriage certificate, then the certificate and any action taken, if any, will be declared invalid. In such a case, a fresh application will have to be made and the marriage will be solemnized after receiving the certificate.
When will the marriage be registered?
According to Christianity (in some cases), after the marriage is performed, it has to be registered. After the marriage is registered, the marriage certificate and the marriage registration book have to be entered (Entry) and the person who performed the marriage will have his signature. In addition, the persons who are separated will have to sign and two witnesses besides the person who performed the marriage will have to attest it (Attrested). The serial number on the marriage certificate should be the same as the serial number in the marriage registration book.
To whom should the marriage certificate be sent?
The person who has performed the marriage shall detach the certificate from the marriage registration book and send it to the marriage registrar of the district where the marriage was performed within one month of the date of the marriage and if there is a single marriage registrar in the said district, he shall send the said certificate to the senior marriage registrar.
To whom should the marriage certificate be sent?
The person who has performed the marriage shall detach the certificate from the marriage registration book and send it to the marriage registrar of the district where the marriage was performed within one month of the date of the marriage and if there is a single marriage registrar in the said district, he shall send the said certificate to the senior marriage registrar.
What is the job of the marriage registrar after receiving the marriage certificate?
After receiving the marriage certificate, the marriage registrar will first write a true copy of the said certificate in a specific book and give it a serial number. The devotee will write a copy of the certificate in the marriage registration book and give it a serial number. As many marriages as are registered in a month and which he will sign and send to the Registrar General where the marriage is held. The registration book sent will be kept in the office of the Registrar General along with the official documents.
How is a Christian marriage performed in the presence of a marriage registrar?
When a Christian marriage is performed in the presence of a marriage registrar, one of the parties shall give him a written notice of the marriage and both parties shall be residents of the district of the marriage registrar. But if the parties are residents of different districts, they shall give a written notice to the marriage registrar of their respective districts. In the notice they shall state their names, affiliations, profession, place of residence, how long they have been residing there and in which village the marriage is to be performed.
Do I need to take Christian marriage vows before getting a marriage certificate?
After either party has given notice to the Registrar of Marriages for marriage, the Registrar of Marriages will issue a certificate in his own hand, requiring either party to take the marriage vows. If either party refuses to take the marriage vows, no marriage certificate can be issued.
Is there any kind of punishment provision in this law?
Yes, under this Act, if any person knowingly gives false affidavit, false declaration or false certificate for marriage or for marriage license, then he shall be punished with imprisonment for a term which may extend to 3 years with hard labour or with hard labour and may also be fined if the court so desires.
Apart from this, are there any other punishment provisions?
According to this law, if a person who is not the person who consents to marriage but presents himself as such to the marriage registrar, he will also be punished under the Indian Penal Code. Similarly, if a person who is not the person who consents to marriage gets married in the absence of the marriage registrar, then he will be punished with imprisonment for 10 years or with deportation for a term of 7 to 10 years. He will also be punished with fine.
If someone gets married between 7 pm and 6 am, will they be punished according to the law?
Yes, if any person knowingly solemnizes a marriage between 7 pm and 6 am without two witnesses present, he will be punished with imprisonment for 3 years and also pay a fine under this law.
Is there a penalty for marrying a minor girl or boy without consent?
If one of the parties to a marriage is a minor and his/her parents or guardian knowingly arranges the marriage with or without the consent of the minor, he/she shall be punished with imprisonment for a term which may extend to three years and with fine.
When and for whom did the Indian divorce law come into being?
The Indian Divorce Act came into force on April 1, 1869. This law was intended for divorces of Christians.
Is it necessary for both husband and wife to be Christians to apply for divorce under this law?
According to this law, to apply for a divorce, at least one of the husband and wife must be a Christian.
What other requirements are there to apply for a divorce in any Indian court under this law?
Under this Act, while filing an application for divorce in any Indian court, it is necessary for both the parties to be domiciled in India.
If either party is seeking a declaration of nullity of marriage, the marriage must have been solemnized in India and the applicant must be domiciled in India at the time of filing the application.
Who is called 'Minor Children' according to this law?
According to this law, in the case of a natural father, a boy below the age of 16 is called a minor and a girl below the age of 13 is called a minor. In other cases, unmarried children below the age of 18 are called minors.
What are the reasons under which a person can file for divorce under this law?
Before or after the coming into force of the Indian Divorce (Amendment) Act, 2001, a petition for divorce can be filed in any District Court by either the husband or the wife on any of the following grounds:-
• If the respondent has had sexual intercourse with any person or persons; or
• If the respondent has converted from Christianity to another religion; or
• If the respondent has been suffering from an incurable mental disorder for more than 2 years immediately before the petition for divorce; or
• If the respondent has been suffering from an incurable leprosy for more than 2 years immediately before the petition for divorce; or
• If the respondent has been suffering from a sexually transmitted disease for more than 2 years immediately before the petition for divorce; or
• If the respondent has not been known to be alive for a period of 7 years or more; or
• If the respondent knowingly did not consent to physical intercourse with the person and there has been no physical intercourse between the person and the respondent since the marriage; or
• If the person and the respondent have not resumed marital relations after a period of 2 years or more after the court has ordered the restoration of marital relations; or
• If the respondent has left the person for at least 2 years before the case is filed in the court; or
• If the respondent is behaving violently towards the person as a result of which the person is afraid to live with the respondent.
Apart from the above reasons, what other reasons can a wife file a divorce case against her husband in court?
In addition to the above reasons, if the husband has been involved in rape, homosexuality or bestiality since the date of marriage or has been convicted of such acts, then the wife can apply for divorce.
Is there any provision in this law for divorce by mutual consent?
Under Section (10A) or 10(a), either party may file a joint petition for divorce in the District Judge's Court on the following grounds:
If they are unable to live together and have been living separately for a period of two years or more and
If they both agree to divorce.
According to this law, if both parties jointly apply for divorce by mutual consent, within how many days does the court have to decide the case?
According to this law, if both parties jointly apply for divorce in court with consent, within a period of 6 to 18 months from the filing of the case (if the case is not withdrawn), then the court, after conducting a proper hearing, if satisfied, will accept the application and order a divorce.
If a man files for divorce against his wife on the grounds of adultery or having sexual relations with another person, does he have to implicate the person or persons involved?
If a person applies for divorce on the ground of adultery or having sexual relations with another person, he shall have to implead the person or persons concerned as co-defendants with the person.
If for the following reasons the court agrees to hear the application without impleading the person or persons as co-defendants, the case shall proceed without impleadment.
The reasons are—
• The person, though living an adulterous life and having sexual relations with another person, is not known to the person or persons.
• The person, despite making reasonable efforts, has not been able to ascertain the names of the person or persons with whom the person had sexual relations.
• If the person with whom the sexual relations have occurred has died.
What will the court do if a man has filed for divorce against his wife on the grounds of adultery and the wife cannot prove the said adultery?
If a person has filed a divorce case against the respondent citing adultery as the reason and cannot prove the said reason, then the court can reject or dismiss the said divorce petition due to lack of proof.
If a divorce petition is filed in court on the grounds of adultery and the court verifies the truth of the petition by looking at the evidence of witnesses, then is it mandatory to accept the petition and order a divorce?
If it is proved in the court that the respondent is committing adultery, then the court may accept the divorce petition and order a divorce on this ground; but if the court finds that the respondent has also been convicted of adultery while married; or the respondent has filed the said petition too late after the incident occurred; or has behaved violently towards the respondent; or has knowingly kept the respondent away from him or neglected him well before the adultery without any good reason, then the court may reject or dismiss the divorce petition filed by the respondent against the respondent.
If the High Court hears a divorce petition and grants a divorce, does it take effect immediately?
If the High Court grants a decree of divorce on a petition for divorce, the Court may, if it so decides, specify that the decree shall not take effect immediately but shall take effect after a specified period (which shall not be less than six months from the date of the decree). Within the specified period, any person may, in accordance with the law, appeal to the Court against the decree. After hearing the appeal, the Court may order the decree to be executed or may vary the order.
If a person does not appeal against a court decision within the stipulated time, will the court's decision automatically become final after the said time?
When the court's judgment directs that the judgment shall be implemented after a specific period of time, then the petitioner shall apply to the court to implement the judgment within the specified period; otherwise, the court may dismiss his case.
In a divorce case filed in the District Judge's court, if a person suspects that one of the parties is trying to obtain a divorce through fraud or conspiracy, can he/she apply to the High Court for the hearing of the case?
If any person suspects that any party is trying to obtain a divorce by fraud or conspiracy in a divorce case filed/filed in the District Court and applies for the hearing of the said case in the High Court, the High Court, if it finds the truth of the case on the basis of sufficient evidence, may transfer the said case from the District Judge's Court and order it to be heard in the High Court. The High Court shall hear the cases so transferred as in the original Court and shall pass appropriate orders in it. In such cases, the judgments given by the Court may have fixed a specific date from which the said judgment shall come into force. It is reported that the said time shall not be less than six months from the date of publication of the judgment.
Can a husband or wife apply to the court to have their marriage declared invalid under the law?
Under this law, either the husband or the wife can apply to the district court to have their marriage declared null and void.
On what grounds can a marriage be declared invalid under the law?
The court may declare the marriage null and void on any of the following grounds:
1. If the respondent was a eunuch at the time of the marriage and at the time of the petition.
2. If there is a relative, in-law or forbidden relationship between the husband and the wife.
3. If either of the husband or wife is insane or an idiot.
4. If either of the parties has a previous husband or wife living and that previous marriage is still valid at the time of the present marriage.
What rights does a child born from a marriage declared invalid have under the law?
When a marriage is declared void by law on the ground that the husband or wife of the said party was alive and that the former husband or wife was dead at the time of the marriage or on the ground that the respondent was insane or of unsound mind,
The child born of the said void marriage shall have all the rights of a legitimate child according to law, except that he shall not have any right to the property of the former family.
The child shall be specifically mentioned in the judgment of the court and shall have the same legal right to the property of the said couple as he would have had if he had been the legitimate child of the said couple.
Can a husband or wife apply for judicial separation without applying for divorce?
Under this Act, a husband or wife can also apply for judicial separation without applying for divorce. They can apply for judicial separation in the court of the District Judge on any of the following grounds. For example –
• If the respondent is living in adultery.
• If he is being violent towards the person.
• If the respondent has left the person.
If the person applies to the court to stay legally separated from the respondent for a period of 2 years or more on any of the above grounds, then the court may, after considering the facts, pass an order for this.
If a wife buys or acquires any property while living in a judicial separation, will her husband have any rights to it?
If the wife purchases or receives any property during the period of separation from the date of the court's order for separation, she shall dispose of the property in the same manner as she would have done if she were unmarried. She may also dispose of the property in the same manner as she would have done if she were unmarried.
If the wife dies during the period of separation, the property acquired by her during the period of separation shall go to the name of the person to whom her husband would have belonged if he had died.
However, if the wife, who is legally separated, resumes sexual intercourse with her husband, then her property shall be disposed of in accordance with the written agreement made between her and her husband at the time of separation.
If a wife faces any problem under any contract or law while legally separated, will the husband also be liable for it along with the wife?
The husband shall not be liable for any agreement made or any wrongdoing made by the wife during the legal separation for which he may be liable to legal action. However, if the court has ordered maintenance of the wife under the order of legal separation and the husband has not maintained the wife in accordance with the said order, he shall provide the necessary assistance to the wife.
If a court orders legal separation in the absence of either husband or wife, can the absent party apply to have the order modified?
If a court has ordered a legal separation on the application of one of the spouses in the absence of one of them, the other party may apply to the said court for modification of the said order. Also, if the court has accepted the application for legal separation on the ground of desertion of the other party, then in that case, if the other party shows any compelling reason for desertion and the court is satisfied thereon, then his order may be modified.
If a woman has been abandoned by her husband, can she apply to the court to protect her property from her husband or anyone on her behalf?
If a woman is abandoned by her husband, she can apply to the District Court for protection of her property from her husband or any person acting on his behalf. If the court, after hearing the case, finds that the husband has abandoned the wife without any valid reason and that the wife is supporting herself from her own income and property, then it can pass an order for protection of the wife's income and property. The order will state the date of her husband's abandonment.
Can the husband apply to the court to change this order?
If the husband and wife start living together again, the husband can apply to the court to vary the above order and if the court is satisfied, it can vary the said order.
What should a wife do if her husband or his relatives seize her property despite a court protection order?
If the husband or someone on his behalf continues to occupy the wife's property even after the court's protection order, then the wife can file a petition in court against him and take possession of the said property, and the person who occupied the said property will also pay double the value of the said property.
If one of the spouses has separated from the other without sufficient reason, can he or she apply to the court for restoration of marital relations?
If one of the spouses has separated from the other without sufficient cause, the other can apply to the District Court for restoration of marital relations and the court, after hearing the said application, if satisfied, can order both of them to live together to restore marital relations between them.
If either the husband or the wife is in court, can the wife apply to the court for case-related expenses and maintenance while the case is pending?
If either the husband or the wife files a case in court, the wife can apply to the court to get the costs of the case and maintenance from the husband during the case. It is worth noting that the court will try to decide the wife's application for the costs of the case and maintenance during the case, as far as possible, within 60 days of receiving the husband's notice.
When can the court order the husband to pay permanent alimony to the wife?
When the court pronounces a judgment in a case of divorce or legal separation, the court, in the said order or direction, directs the husband to pay permanent maintenance to the wife, according to the husband's ability and keeping in mind the wife's needs and standard of living. The amount to be paid, whether it is to be paid in lump sum or on a monthly basis, is also directed by the court according to the circumstances of the case.
Can the court issue any order regarding custody of the children in a case filed for legal separation?
While hearing a case filed by a husband and wife for legal separation, the court may grant an interim order regarding the custody of the children of the said couple and may pass appropriate directions regarding the maintenance, upbringing and education of the said children. If the court is satisfied, it may also order that the said minor children be kept in the custody of the court. It is to be noted that the court shall try to decide the interim application filed for the maintenance and education of the children
Can the court hear a petition regarding children even after a case for legal separation has been heard and a decision has been made on the case?
Even after the legal separation case has been decided, if a petition regarding the custody, maintenance, and education of the children is filed in the court, the court may hear the said petition and pass a decision as required.
Can the court make any order regarding the custody of the child in a case filed for divorce or annulment?
In a case filed for divorce or annulment of marriage, the District Court may, before deciding the case, make such interim orders as may be necessary regarding the custody, maintenance and education of the minor children of the couple.
If the Court is satisfied, it may also order the custody of the said children in the custody of the Court, if necessary.
Can the court still rule on child custody even after the final judgment in a case filed for divorce or annulment has been issued?
Even after the final judgment of the case filed for divorce or declaration of marriage as invalid has been pronounced, if any petition is filed in the court for the custody, maintenance and education of minor children, then the court may, after hearing the said petition, pass necessary orders or, if necessary, order that the said children be kept in the protection of the court.
On the basis of which law will the cases filed under this Act be conducted?
Cases filed under this Act will be conducted under the Code of Civil Procedure, 1908.
Is there any special form for filing a case under this law?
Special forms have been given in the Schedule for filing cases under this Act. At the time of filing the application, the applicant shall make necessary changes in the said form and file it in the court.
What other provisions are there for filing a lawsuit?
Every petition filed under this Act for divorce or for declaration of nullity of marriage or for legal separation shall be accompanied by a declaration by the petitioner that the said petition has not been filed by fraud or deceit. Every petition shall be verified by the petitioner or by a person appointed by law. Verification is mandatory in every petition under this Act and may be admitted as evidence if necessary during the trial of the case.
If one of the husband or wife is insane, who will fight the case for him or her?
If either of the husband or wife is insane, then in any case other than a case brought under this Act for the restoration of marital relations, the committee or person who is in charge of the case shall fight the case for him.
Can minors file cases under this law?
If the applicant is a minor, then he or she can file the case only through his or her second closest relative.
Is it necessary to send notice to anyone in a case filed under this Act?
Notice of every case filed under this Act is required to be sent to the affected party.
How are witnesses taken in this case?
In these cases, witnesses have to appear in court and give evidence directly, and the parties themselves also give their own witnesses. There is a provision for each witness to be cross-examined by the other party. Both the party and the defendant can give evidence on their own behalf and can present evidence to prove the allegations made on their behalf. If the court so permits, the case can also be heard in closed doors.
Is there any provision for enforcing the court's decision in this case or for appealing or filing an appeal against it?
In these cases, the provisions of the Civil Procedure Code for enforcing or appealing against the judgment of the court will be followed. However, it is clear that an appeal cannot be made for the costs of the case alone.
In this case, can the parties remarry after the court grants a divorce?
In this case, either party may remarry after the court has granted a divorce and the time limit for appeal has expired or, if an appeal has been filed, it has been dismissed.
Who will make the regulations, if necessary, for the proper administration of this law?
The High Court may from time to time make rules necessary for the proper administration of this Act. Provided that such rules shall be within the scope of this Act and the Civil Procedure Code.
Why was the Penal Code enacted?
This law has been enacted to punish any citizen of India who commits a crime.
Is one law applicable to every criminal (i.e., regardless of caste, religion, color)?
This is applicable only to all except criminals in the state of Jammu and Kashmir.
Who is called a criminal?
If someone does something against the laws of India, it is called a crime.
Are crimes committed abroad through computers/internet punishable under this law?
Yes, as these are offences under the Information Technology Act, they are punishable under that Act.
Can a foreigner be punished through the CAA?
Yes, if any foreigner tries to destroy or steal computer data etc. of an Indian, he will be punished under this law.
Will Indian citizens be punished under this law if they commit crimes in other countries?
He will be punished according to this law.
Is it punishable to sue to cause trouble to people?
It is a punishable offense to make false claims or give false testimony.
Is it punishable to shelter a criminal?
Yes, this is a punishable offence. Therefore, there is a system of punishment and fines, keeping in mind the crime of the offender.
Is public harassment punishable?
Since this is a punishable offense, the offender is punished with imprisonment for a term of up to six months or a fine, or both.
Is there a punishment for rioting?
Rioting is a crime and is punishable by imprisonment for up to 2 years or a fine, or both.
What is the punishment for rioters who cause a riot in a public place by carrying deadly weapons?
This is punishable by imprisonment for up to 3 years or a fine, or both.
Can punishment be imposed for the intention to incite or incite hostility between different religious groups near a place of worship or religious institution?
This is a punishable offence and is punishable by imprisonment for up to five years or both.
Will government employees be punished if they do not perform legally authorized work?
It is a punishable offence for a government official to force a person to appear before him/her without proper authorization while investigating a crime and is punishable with imprisonment for a term ranging from 6 months to 2 years and a fine.
If a police officer does not register crimes against women, will he be punished?
A police officer who fails to report a crime such as mischief, indecent behavior, acid attack, attempt to throw acid, trafficking of women or exploitation of trafficked women will be punished with imprisonment from 6 months to 2 years and fine.
Is it punishable to refuse treatment to acid attack and rape victims?
If any government or private hospital refuses to treat a patient, the owner and person in charge of the hospital can be punished with up to one year in jail and a fine.
Is it a crime to give false testimony in court?
Knowingly giving false testimony or evidence in any case is a cognizable offence and, if proven, is punishable with imprisonment for a term of up to seven years and a fine.
Is it a punishable offense to knowingly destroy witnesses and evidence of a crime?
Any person who knowingly destroys any evidence related to a crime shall be punished. If the punishment in the case is life imprisonment or 10 years of imprisonment, then the person who destroys the evidence shall be punished with imprisonment for a term of up to 7 years and a fine.
Is it a crime to convict an innocent person of a crime based on false testimony and evidence?
Convicting an innocent person through false evidence is a serious crime, and if proven, the person who gave the evidence faces a minimum sentence of 10 years to life in prison.
If a person knowingly provides shelter to a person facing a crime punishable by death or life imprisonment, will he be considered a criminal?
Yes. This is a serious offence and he is liable to imprisonment for a term which may extend to five years and a fine.
Is it a crime to sell adulterated food and drinks?
Knowingly selling adulterated food or drink is a punishable offense and is punishable by imprisonment for up to six months and a fine of up to Rs. 10,000, or both.
Is it a crime to sell adulterated medicines?
Knowingly adulterating medicines and selling them is an offence and a person is liable to imprisonment for a term which may extend to six months or a fine which may extend to Rs. 1000 or both.
Would it be a crime to poison public water?
Knowingly poisoning public water sources such as wells and ponds is a punishable offense, punishable with imprisonment for a term not exceeding 3 months or a fine not exceeding Rs. 500, or both.
Is it a crime to sell obscene pictures, songs, or books?
Selling obscene photos, pictures, songs or books is a punishable offence. For this, the offender is punishable with imprisonment up to 2 years and a fine of Rs. 2000. If the person is involved in such an offence again, the punishment is 5 years and a fine of up to Rs. 5000.
Is selling obscene photos, books, pictures, etc. to young people a punishable offense?
Selling or distributing obscene photos, books, pictures, etc. to a youth below the age of 20 is a punishable offence. For this, the offender is punished with 3 years of imprisonment and a fine of Rs. 2000. However, if the person commits such an offence again, the punishment increases to 7 years and the fine increases to Rs. 5000.
Is it a crime to make obscene gestures or sing songs in public?
Since it is an offence to make obscene gestures, sing songs or make gestures in a public place, the accused is liable to imprisonment for 3 months or a fine or both.
Is it a crime to act with the intention of hurting religious sentiments?
It is a serious offence to hurt or insult religious sentiments or to vandalise a religious institution. There is a provision for imprisonment for a term which may extend to 2 years or fine or both.
Is it a crime to forcibly enter a religious institution or burial site and hurt the religious sentiments of a person?
If a person knowingly forcibly enters the grave of another religious institution and hurts the religious sentiments of that person or vandalizes the place, then he shall be considered guilty of an offence and shall be punished with imprisonment for a term which may extend to five years or with fine or with both.
What is the punishment for murder?
Willful murder is a serious crime and is punishable by life imprisonment or death penalty and a fine.
Is voluntary abortion a crime?
Since voluntary and intentional abortion is a crime, there is a provision for imprisonment for up to 3 years or fine or both. However, forcibly causing a child to be born before the due date, there is a provision for punishment of up to 7 years and a fine.
Is it a crime to have an abortion without the consent of the pregnant woman?
Abortion without the consent of the pregnant woman is a cognizable offence and, if proven guilty, is punishable by imprisonment for 10 years to life and a fine.
Is it permissible to cause the death of a pregnant woman during an abortion without her consent?
If a woman dies while performing an abortion without the consent of the pregnant woman, then there is a provision for life imprisonment and a fine for the said offender; but if a woman dies while performing an abortion with the consent of the pregnant woman, there is a provision for a punishment of up to 10 years and a fine.
Can punishment be imposed for acts done with the intention of preventing the unborn child from being born alive or for the purpose of killing the child after birth?
Anyone who, for any evil purpose other than to save the life of the pregnant woman, causes the unborn child to be aborted or to be killed after birth, is punishable with imprisonment for a term which may extend to 10 years or with fine or with both.
Is it a crime to kill a living child in the womb?
Since killing a living fetus is considered a crime of murder, the accused will be punished with up to 10 years in prison and a fine.
Is it a crime to abandon a child under the age of 12?
It is a serious offence for a parent or guardian to knowingly abandon a child under the age of 12, punishable by imprisonment for up to 7 years and a fine. If the child dies as a result, the person is charged with murder.
Is it a crime to hide or secretly bury the body of a dead child?
If a child dies before or after birth and its body is secretly buried or cremated, the accused shall be punished with imprisonment for a term which may extend to 2 years or with fine or with both.
Is it a crime to forcibly detain someone?
Forcible confinement of a person is a serious offence. If the detention is for more than 3 days, the punishment is up to 2 years and a fine, while if it is for more than 10 days, the punishment is up to 3 years and a fine, or both.
Is it a crime to detain an accused in a jail cell instead of releasing him as ordered by the court?
If a court has ordered the release of a person from a prison and he fails to comply with it, it will be considered a criminal offence and there is a provision for imprisonment for 2 years and fine. He is also punished under other sections of the Penal Code.
Is it a crime to detain a person in a secret place without the knowledge of their family and friends?
Since it is a criminal offence to detain any person in a secret place without the knowledge of his family and relatives, a provision has been made for punishment of imprisonment for a term not exceeding two years and other appropriate provisions for illegal detention.
Is it illegal to detain someone with the intent to take their property or valuables?
This is an illegal act and is punishable by up to 3 years in prison and a fine.
Is it punishable to hold a person hostage and threaten to release them in exchange for something valuable?
Extorting valuable property or goods from a person who has been held hostage by force is a serious crime and is punishable by up to three years in prison and a fine.
Is it a crime to forcibly arrest someone or to obstruct a government employee in his/her work by beating him/her?
Since this is a serious crime, hitting a common person is punishable by up to 3 months in prison and a fine, while hitting a government employee is punishable by up to 2 years in prison and a fine.
Is it punishable to violate the dignity of a woman?
Beating a woman with the intent to outrage her modesty is a serious crime, punishable by imprisonment for one to five years and a fine.
What is sexual harassment and what is the punishment for it?
If any person tries to touch a woman's body or behave indecently, demands or requests her to have physical intercourse, shows her obscene photos against her will, or makes sexual advances, then the person is liable to imprisonment for a term of 1 to 3 years or a fine, or both.
What is the punishment for a person who rapes a woman?
Forcibly stripping a woman or making her walk naked on the road is a serious crime. There is a provision for a minimum of 3 years and a maximum of 7 years in prison and a fine.
Is it a crime to secretly watch a woman while she is going about her daily business, or to take her photo and share it with others?
: A woman does her daily or personal work like washing, sweeping, changing clothes etc. when no one is around to see her. If any man himself or a person employed on his behalf secretly sees her or takes photos of her private parts and distributes the photos to others, it is a religious offence and is punishable with imprisonment for a term of 1 year to 3 years and a fine. If a woman is listed in such an offence, then the punishment is imprisonment for a term of 3 years to 7 years and a fine. Even if the photos of her private parts are taken with the consent of the woman, if she prevents them from being distributed to others and in violation of this, the photos are distributed, then she is punished under this section.
Is stalking a woman a crime? What types of activities does it include?
If a man continues to talk to a woman despite her repeated refusal or attempts to contact her electronically through the Internet, e-mail or any other means, he shall be considered an offender and shall be punished with imprisonment for a term which may extend to 3 years and with fine. However, if the person is involved in such an offence again, the punishment shall be imprisonment for a term which may extend to 5 years and with fine.
Assault and battery is a punishable offense. What is the punishment for this?
Whoever, by force or assault, steals from a person the things he is wearing or carrying, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Since it is a crime to beat and forcefully detain a person, how is it punished?
Anyone committing such an offense is punishable by imprisonment for up to 1 year or a fine of Rs. 1,000.
Is kidnapping a crime?
It is a punishable offence for any person to take a boy below the age of 16 and a girl below the age of 18 without the knowledge of their legal guardian. It is also an offence to take any person with mental disability without the knowledge of their guardian. This offence is punishable with imprisonment for a term which may extend to 7 years and also with fine.
It is a crime to take a minor boy/girl to another place by luring or using force. ?
If any person kidnaps a minor girl or boy for the purpose of begging without the knowledge of their guardians or mutilates the said minor girl or boy for the purpose of begging, he shall be punished with imprisonment for a term which may extend to 10 years and fine.
What is the punishment for mutilating a minor boy/girl to engage him in begging, which is a serious crime?
Such a criminal is punished with life imprisonment and a fine.
Since kidnapping with intent to kill is a serious crime, what is the punishment for it?
Such an offender is punishable with imprisonment of up to 10 years and a fine.
It is a heinous crime to pay a ransom to any person, government, foreign government or international organization for the return of a kidnapped person. Since it is a serious crime to pay a ransom by threatening the life or health of the kidnapped person, what is the punishment for this?
In such crimes, the accused is punished with a fine in addition to the death penalty or life imprisonment.
Is it a crime to kidnap a woman and force her to marry him?
It is a criminal offence to kidnap a woman for the purpose of marriage and to force her to marry him against her will. It is also a criminal offence for any person to knowingly kidnap a woman for any other person and force her to marry him against her will or to have sexual intercourse with him. Any person who commits the above act or offence shall be punished with imprisonment for a term which may extend to 10 years and with fine.
It is a serious crime to bring a minor girl below the age of 18 for the purpose of immoral activities, taking her to different places and forcing her to have sexual relations with others. What is the punishment for this?
Such a crime is punishable by up to 10 years in prison and a fine.
Is it a crime to bring a girl from another country or from Kashmir and force her to have sex?
Bringing a woman under the age of 21 from another country or from Jammu and Kashmir and forcing her to have sexual relations with other men is a serious crime and is punishable by up to 10 years in prison and a fine.
What is the punishment for kidnapping a child under the age of 10 with the intent to steal something from him?
This is a cognizable offence and is punishable by imprisonment for a maximum of 7 years and a fine.
What activities are included in the scope of crimes such as human trafficking?
If any person employs, sends, shelters, or deports another person by using force, intimidation, threats, deceit, or by showing off his power or abusing his position for the purpose of physical harassment, sexual abuse, enslavement, tax evasion, or theft of body parts or for the purpose of immoral gain, it will be considered trafficking.
What kind of punishment is given to criminals who commit fraud?
The minimum punishment for a crime like prostitution is 7 years to 10 years and a fine. If a person is trafficked, he is punished with imprisonment for life and a fine. If a minor trafficked, he is punished with imprisonment for life and a fine. If a minor trafficked, he is punished with imprisonment for life and a fine. If a person traffics a minor for the first time, he is punished with imprisonment for life and a fine. If a person traffics a minor for the first time, he is punished with imprisonment for life and a fine. If a government employee or police officer commits the crime of trafficking any person, he is punished with imprisonment for life and a fine.
What kind of punishment is given for exploiting a trafficked person?
If any person knowingly engages in sexual exploitation of a minor or a minor girl, or knowingly engages in sexual exploitation of a minor, he shall be punished with imprisonment for a term which may extend to five years and a maximum of seven years and with fine. Whoever knowingly engages in sexual exploitation of a minor or a minor girl, shall be punished with imprisonment for a term which may extend to three years and a maximum of five years and with fine.
What kind of punishment is provided for people who engage in slave trading?
A person who buys, sells, or traffics people for the purpose of employing them as slaves, and who habitually engages in such dealings, shall be punished with imprisonment for a term which may extend to 10 years or life, and with fine.
Is it punishable to sell a minor girl for the purpose of prostitution?
This is a punishable offence. Anyone who commits the offence of selling a girl below the age of 18 for prostitution or for the purpose of engaging her in sexual intercourse with another person or for similar purposes is punishable with imprisonment for a term which may extend to 10 years and a fine. Even if a girl is kept in a brothel for immoral purposes, she will be liable to the same punishment and fine.
What is the punishment for buying a minor girl for prostitution?
If any person buys a girl below the age of 18 for the purpose of prostitution or hires her for illicit sexual intercourse or in any other way keeps the minor in his possession and engages her in the said illicit act, then he shall be punished with imprisonment for a term which may extend to 10 years and with fine.
What is the definition of evil?
If a person forcibly has sexual intercourse with a woman without her consent, against her will, it is considered a misdemeanor. In addition, if a woman is threatened, intimidated, or threatened with death and has sexual intercourse with her consent, it is also considered a misdemeanor. If a woman is mentally ill, intoxicated, mute, or under the age of 18, and has sexual intercourse with her without her consent, it is also considered a misdemeanor. If the woman is under the age of 15 and her husband has sexual intercourse with her, it is also a misdemeanor.
What are the penalties for committing a crime such as a misdemeanor?
Generally, the rapist is punished with imprisonment for a term of 7 years to life and a fine. However, the following persons are punished with imprisonment for a term of 10 years or life or death and a fine.
If a police officer rapes a woman under his control
Government employee
Jail officer or employee
Head or manager of a hospital
Teacher, guardian, relative
During a gang conflict or riot
Rape while knowing she is pregnant
The girl is below 16 years of age
The woman is incapable of giving consent
Exercising her authority
The woman is mentally ill or disabled
The victim was seriously injured or her life was in danger while being raped
How is death or complete disfigurement due to malice punished?
If the victim dies or becomes completely incapacitated due to the misdeed, the crime is punishable by 20 years of imprisonment, life imprisonment, or the death penalty.
If a wife is living separately from her husband, legally or for any other reason, and the husband has physical relations with her without her consent, will it be considered a crime of adultery?
If a husband has sexual relations with his estranged wife without her consent, he is punishable with imprisonment for a term of at least 2 to 7 years and a fine.
Is it a crime to abuse one's position and establish physical relations?
If a person abuses his position, i.e., a government official, a prison superintendent, an in-charge of an institution, a director of a women and child welfare institution, a hospital superintendent or an employee, and has sexual relations with a woman under his control, it will not be considered a misdemeanor; but since it is a crime, the person is punishable with imprisonment for a term not less than 5 years and not more than 10 years and with fine.
If a person abuses his position, i.e., a government official, a prison superintendent, an in-charge of an institution, a director of a women and child welfare institution, a hospital superintendent or an employee, and has sexual relations with a woman under his control, it will not be considered a misdemeanor; but since it is a crime, the person is punishable with imprisonment for a term not less than 5 years and not more than 10 years and with fine.
If a woman is raped by multiple people or if a group of people come together to commit rape and one of them commits the crime, all of them will be punished for the crime of rape. For this, there is a provision of imprisonment for a minimum of 20 years and fine. The amount of fine is given to the victim keeping in mind the medical expenses and her rehabilitation.
How is a person convicted of a crime such as a misdemeanor sentenced if he commits such a crime again?
If a person repeatedly commits a crime such as a misdemeanor, he will be sentenced to life imprisonment, that is, imprisonment until death, or the death penalty.
Is unnatural sex a crime?
Having unnatural sexual intercourse with any man, woman, or animal is a crime and is punishable by imprisonment for ten years to life and a fine.
Since stealing is a crime, how is it punished?
The punishment is imprisonment for a term of up to 3 years or a fine, or both.
Since it is a crime to take valuables from someone by force or threat, what is the punishment for the offender?
Such an offender is punishable with imprisonment for a term which may extend to 3 years or with fine or with both.
What is the punishment for a crime such as stealing valuables under threat of death or injury?
Such a crime is punishable by up to 10 years in prison and a fine.
What is the punishment for robbery?
If more than five people take someone's valuables by force or threat of death with a deadly weapon, the offenders are punished with imprisonment from 10 years to life and a fine.
What is the punishment for highway robbery?
If the robbery is committed from Batoi after sunset and before sunrise, the offender is liable to imprisonment for up to 14 years and a fine.
How are crimes such as robbery and murder punished?
There is a provision that every criminal involved in robbery and murder shall be punished with imprisonment for a term not exceeding ten years or life imprisonment or death penalty and fine.
Is it a crime to receive stolen goods?
Knowingly receiving or possessing stolen property is a crime punishable by imprisonment for up to 3 years or a fine, or both.
What kind of punishment is provided for people who are habitually involved in dealing in stolen goods?
Such crimes are punishable by imprisonment for a term ranging from 10 years to life and a fine.
Is it a crime to cheat someone?
If any person fraudulently obtains property, etc., from any person or does anything to bring discredit upon his honor without his knowledge, then the person doing the said act shall be considered as a fraud and shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
Is unauthorized entry into a home a crime?
Entering any person's house with intent to commit an offence is a punishable offence. Such an offence is punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both such imprisonment and fine.
Is it a crime to break the lock or door of a house after sunset and before sunrise?
Breaking and entering the locks or doors of someone's house after sunset and before sunrise is a crime punishable by up to 2 years in prison and a fine.
Is forgery of papers or documents a crime?
Forgery is an offence punishable by imprisonment for a term of up to 2 years or fine or both, including forgery,
What does it mean to have a physical relationship by cheating and how is it punished?
If a man has physical relations with a woman without being married, with the intention of deceiving her by pretending to be married, then it is a cognizable offence and is punishable by imprisonment for up to 10 years and a fine.
Is second marriage legal while the husband/wife is alive?
It is illegal for a husband or wife to remarry while their husband or wife is alive, and the person (husband or wife) who remarries is punished with imprisonment for up to 7 years and a fine.
Is it a crime to marry while hiding one's first marriage?
It is a crime to marry while concealing one's first marriage, as a second marriage is illegal or invalid while the husband or wife is alive. It is punishable by imprisonment for up to 10 years and a fine.
Is it a crime to organize a wedding ceremony without being legally married?
Organizing a wedding ceremony with the intention of deceiving someone without knowingly getting married is a crime punishable by up to 7 years in prison and a fine.
Is it a crime to keep a married woman in detention while she is being seduced and has criminal intent?
It is an offence to entice a married woman to commit illicit sexual intercourse with her for his own ends and is punishable with imprisonment for a term which may extend to 2 years or with fine or with both.
How is the punishment for cruelty to a married woman by her husband or in-laws?
If a husband or in-laws, for dowry or any other reason, inflicts physical or mental torture on a woman, which causes her to injure herself or forces her to commit suicide, it will be considered a crime and will be punishable by imprisonment for up to 3 years and a fine.
What is considered defamation and is there a provision for punishment for it in this law?
If any person, by his words, actions, writings, remarks or gestures, knowingly does anything to cause trouble to another person, so as to bring him into disrepute in his community, then it shall be considered as defamation. The person who does such an act shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both imprisonment and fine.
Is it a crime to print and sell an article with the intention of defamation?
This is undoubtedly an offence and is punishable with rigorous imprisonment for a term which may extend to 2 years or with fine or with both.
Is it a crime to knowingly provoke someone with the intent to disturb the peace?
It is an offence to knowingly provoke a person to anger with intent to cause a breach of peace in a public place. The punishment for this is imprisonment for a term which may extend to 2 years or a fine or both.
Is it a crime to spread false information?
It is an offence to spread, disseminate or incite rumours or to spread false or unfounded news or writings with the intention of intimidating the public. Any person who does so shall be punished with imprisonment for a term which may extend to three years or with fine or with both.
Is it a crime to do anything with the intention of creating enmity between different communities?
Spreading rumours with the intention of creating enmity between different communities or between people of different castes, colours, or languages ??is a punishable offence and the offender is liable to imprisonment for a term which may extend to 3 years or to fine or to both.
Is it a crime to force someone to do something they would not do by using God's power?
This is an offence and the offender is liable to imprisonment for a term which may extend to one year or to a fine or to both.
Is there a system of punishment for criminals who violate the dignity of women through their gestures, words, or actions?
Anyone who knowingly, through gestures, words, or any object, insults a woman's modesty is punishable by imprisonment for up to 3 years and a fine.
Is it a crime to drink alcohol and walk around intoxicated in a public place?
It is an offence to wander around in a public place while intoxicated or to enter another person's house without permission and cause annoyance to them. Such an offender is punishable with imprisonment for 24 hours or with a fine of Rs. 1000 or with both.
Is it a crime to attempt or attempt to commit a crime?
Attempting to commit any crime will also be considered a crime. If it is proven, the offender will be punished with the punishment prescribed for that crime. For example, if an attempt is made to steal, the law punishes theft with the punishment prescribed for theft and a fine.
What are the provisions in the law for divorce or separation of Hindu marriage?
Provisions for the dissolution of Hindu marriages are made in Section 13 of the Hindu Marriage Act, 1955. According to this Act, a Hindu woman can apply for divorce in a court on any of the following grounds: -
.If the husband has had sexual relations with any woman other than the wife after marriage,
.If the husband has been abusive to the wife after marriage,
.If the husband has been living separately from the wife continuously for the last two years before filing the case,
.If the husband has converted from Hinduism to another religion,
.If the husband is suffering from incurable mental disorder or his mental disorder is such that it is impossible for any person to live with him,
.If the husband is suffering from incurable leprosy,
.If the husband is suffering from any sexually transmitted disease,
.If the husband has renounced the world to pursue a spiritual life,
.If the husband has been living in a religious institution for the last seven years or more No search reports or any information about survival will be found.
Apart from the above reasons, what other reasons can a Hindu woman apply for divorce?
Apart from the above reasons, a Hindu woman can also apply for divorce in court on the following grounds:
• If the husband and wife have not resumed cohabitation for a period of 15 years or more after the order of Judicial Separation, then that can be a ground for filing for divorce.
• If the conjugal relationship between the husband and wife has not resumed even after a period of 1 year or more after the court has ordered the restoration of conjugal relationship, then that can also be a ground for filing for divorce.
Is there a provision for divorce for any other reason?
In addition to the above reasons, a woman can approach the court for divorce even if there are the following reasons, namely –
• If the woman’s dispute arose before the coming into force of the Hindu Marriage Act, 1955 and after marrying her husband, she remarried before the coming into force of this Act or married someone else before marrying him and the said ex-wife is alive, then the woman can approach the court for divorce. In both cases, the other wife of her husband must be alive when the woman applies for divorce.
• If the husband has been involved in rape, homosexuality or bestiality since the marriage or has been convicted of such acts, then the woman can apply for divorce.
• If the husband has been ordered by the court under any law to maintain the wife and they have not lived together for a period of one year or more after the date of the said order, then the woman can apply for divorce.
If a woman was married before she turned 15 (whether or not they had marital relations) and she rejects the marriage after she turns 15 but before she turns 18, then she can file for divorce.
Can the court issue any order other than a divorce decree in a divorce case?
In a case of divorce, the court can order legal separation instead of divorce if there are any reasons other than the following three:
• If the husband has converted to another religion from Hinduism.
• If the husband has renounced the world and adopted the Sannyasa religion to lead a spiritual life.
• If there is no trace of the husband for a period of 7 years or more or there is no information that he is alive.
Is there any provision in Hindu Marriage Act for divorce with the consent of the husband and wife?
Under Section 13(b) of the Hindu Marriage Act, both the parties can jointly apply for divorce in the court if the following reasons are agreed upon by both the parties:
• If they have been living separately from each other for the past one year or more.
• If they both agree to divorce because they are unable to live together.
If a joint application for divorce is made by mutual consent, how long will it take for the court to decide the case?
If both parties jointly apply for a divorce in court with the consent of both parties, within 6 to 18 months of the filing of the case (if the case is not withdrawn), the court will hold a proper hearing and, if there is agreement, will order a divorce.
How many days after marriage can a divorce be filed?
A divorce can be filed only after at least one year of marriage.
Can a divorce be filed within 1 year of marriage under any extraordinary circumstances?
If there is any extraordinary cause which makes it impossible for the husband and wife to live together, then even within one year of marriage, an application for divorce may be filed by informing the court of such circumstances and if the court is satisfied with the reasons, it shall admit the case, otherwise it shall reject it and ask the applicant to file the application after one year of marriage.
If the couple has children, then at the time of hearing the application, the court shall also consider their safety and whether there is any hope of reconciliation between the couple.
How many days after a divorce can a person remarry?
After the court pronounces its judgment on the divorce petition, and if there is no provision for appeal against the decision, or if there is a provision for appeal, if an appeal is filed within the specified period for appeal or if it is filed but is rejected, then both parties can legally remarry.
In which court will these lawsuits be filed?
These cases are usually filed in the family court in the area, but in areas where there is no family court, the case will be filed in the court of the district judge.
Where can these cases be filed?
The case can be filed in the court at the following places:
• The place where the marriage was solemnized.
• The wife can file the case at the place where she is residing at the time of filing the case.
• The husband can file the case at the place where he is residing at the time of filing the case.
• The place where both of them last lived together.
• If the defendant is residing in a place which is outside the scope of this Act or if the defendant has not been found or there is no sign of his life for a period of 7 years or more, then the man can file the case at the place where he is residing.
If two parties have filed two separate lawsuits related to this issue in two different courts for different reasons, then how will both those cases be heard?
If two parties have filed two separate cases in separate courts for different reasons, then the cases will be transferred to the court where the case filed later is pending and will be heard together.
Under what law will these cases be handled?
These cases will be handled under the Civil Procedure Code.
Is there any provision in the court or in the law for amicable settlement between the two parties after this case is filed?
In these cases filed for divorce, the first duty of the court is to refer both the parties to the court's mediation center for mediation before passing any order, and the court tries to resolve these cases as amicably as possible.
How do the parties obtain a copy of the court's decision on divorce after it has been issued?
After the court issues a divorce decree, the court provides a copy of the decree to both parties free of charge.
If the wife is not able to earn, how will she handle the matter?
If the wife is not able to earn, she can apply to the court to recover the expenses of conducting the case from her husband.
The court will hear the application and pass necessary orders on it, taking into account the husband's income.
The court will try to dispose of the application within 60 days of the receipt of the notice by the husband.
Is there any provision in the law for providing maintenance to women?
According to the Hindu Marriage Act, if a wife is unable to support herself or if she is not able to earn money and her husband is not taking responsibility for her maintenance, then the wife can apply to the court for maintenance from her husband. In this case, the court can order the husband to pay a fixed amount of monthly maintenance to the wife, taking into account the husband's income.
If a husband, despite his ability, does not drive or refuses to drive his wife (who is not capable of driving herself or earning a living), what steps can the wife take in that case?
If the husband is capable of supporting his wife but fails to support her or neglects her, the wife can apply to the court for maintenance from her husband under Section 125 of the Code of Criminal Procedure, 1973. The court will order the husband to pay a reasonable amount of monthly maintenance to the wife, keeping in mind the husband's income.
When will the woman receive this monthly maintenance?
The husband shall pay the maintenance to the wife from the date the court orders maintenance. If the court has ordered the husband to pay maintenance from the date the wife files a case for maintenance, then the husband shall pay the maintenance from the date the case is filed.
Is there any provision for punishment if a husband does not provide maintenance to his wife despite a court order?
If the court has ordered the husband to pay maintenance to the wife, and the husband has not complied with the court order without any valid reason, then the court may issue a warrant against the husband for non-compliance with the court order and punish him with a fine for non-payment of maintenance and imprisonment for a term which may extend to one month or until the maintenance is paid, whichever is less.
Can a woman apply to the court for interim maintenance before the hearing of the case filed for maintenance is completed?
Before the hearing of the case filed for maintenance, the wife may file an interim application in the court to obtain interim maintenance and the expenses of the case management (if the wife is unable to pay these expenses) as soon as possible. The court will try to complete the application filed for interim maintenance within 60 days of receiving the husband's notice.
In what cases is a woman not entitled to maintenance from her husband?
If the wife is living an adulterous life or refuses to live with her husband without any valid reason or both the spouses are living separately with mutual consent, in that case the wife is not entitled to any maintenance from her husband or if the court has previously ordered maintenance, the said order may be revoked if any of the above reasons are proven.
Is there a system of appeal against the judgment of the Family Court?
According to the Family Court Act, an appeal against the Family Court's decision can be filed in a higher court within 30 days.
When can a court order a husband to pay permanent maintenance to a wife?
The court, while deciding the full divorce case, may order the husband to pay permanent maintenance to the wife by fixing an appropriate amount for permanent maintenance, taking into account the husband's income and assets and the wife's age.
Which other law provides for a woman to receive maintenance from her husband?
If a woman is a victim of domestic violence and has gone to court, she can also apply for maintenance under the 'Protection of Women from Domestic Violence Act - 2005'.
If a woman who is receiving maintenance from her husband under a court order remarries, will she still receive maintenance?
If a woman who is receiving maintenance from her husband under a court order remarries, then if the husband who paid maintenance applies to the court in this regard, the court can change his previous order and stop the monthly maintenance.
If a woman who is receiving maintenance from her husband under a court order remarries, will she still receive maintenance?
If a woman who is receiving maintenance from her husband under a court order remarries, then if the husband who paid maintenance applies to the court in this regard, the court can change his previous order and stop the monthly maintenance.
Which marriages are recognized among tribal communities?
Generally, tribals approve of marriages arranged by their own community as per their traditions and customs. However, if a tribal gets married outside their community, the tribal society only recognizes the marriage if their traditions and customs are followed.
Are there any special marriage regulations for tribal communities?
No law has been enacted in India for the tribal community.
How are tribal marriages performed?
There are many types of tribals in India. They marry according to their social norms and is this also legal?
What types of marriages are prevalent in tribal society?
Various types of marriages are accepted in the tribal community. For example, jhinka, i.e. a boy forcibly takes a girl and runs away, love marriage, arranged marriage by the family, etc. Apart from this, in many cases, there is a tradition of marrying one's own father's daughter, sister or niece.
What customs do tribals follow during marriage?
Marriage among tribals is mainly based on buying and selling. At the time of marriage, the groom's father pays a certain amount of money to the bride's father according to his ability. This is called bride price.
Is the Hindu Marriage Act applicable to tribals?
The rules contained in the Hindu Marriage Act are not applicable to tribals.
Is polygamy prevalent among tribals?
There are many marriage customs prevalent among the tribal communities and for this they will not be punished as per the rules of Indian Penal Code as it is based on their traditional customs.
Can tribals get married under the Hindu Marriage Act and the Special Marriage Act?
Marriage and divorce of Scheduled Tribes are done according to their traditions. However, they can marry under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.
If a Scheduled Tribe woman marries a Hindu or a follower of another religion, will the child born from her womb be entitled to the reservation for Scheduled Tribes?
Neither the children born to them nor their husbands can avail the benefits of the protections provided for the tribals; but the woman in question is entitled to protection.
If a tribal man marries a Sabran woman, will that woman be entitled to protection?
If a woman accepts the traditions of her tribe, she can enjoy the privileges available to her tribe.
If a person from a tribe converts, will he be considered a tribe?
Scheduled Tribes are considered a tribe because of their traditions, customs, and practices; but if they act against this, they cannot be given the title of a tribe.
What are the reasons for divorce among tribals?
Different rules have been fixed for each tribe in their society. Among them, if a woman is unable to have children due to infertility, then it can be a reason for divorce. Apart from this, marriage is also divorced for not doing household chores. Having a relationship with another man after marriage can also be a reason for divorce. So this is applicable for both men and women.
How is a divorce done?
According to the tribal customs, when a complaint is made to the head of his community, he organizes a meeting. According to the decision taken in the said meeting, the marriage is dissolved. If necessary, the marriage is dissolved even after mutual understanding.
What are the marriage laws of tribal communities?
In tribal communities, there may or may not be a relationship between them before marriage. Generally, Indian tribals have one wife or one husband. In some places, one man is married to multiple women or one woman is married to multiple men. Which is called polygamy or polygamy.
What types of marriages are practiced in tribal society?
There are two types of marriages performed in the tribal community. A man marries the daughter of his father's sister. This is called 'cross cousin' marriage. Secondly, a man marries the daughter of his mother's brother. This is called 'parallel cousin' marriage.
Who is included in special marriage?
Any person, irrespective of religion, be it Hindu, Muslim, Indekist, Jain, Sikh, Christian, Parsi or Jiva, can get married under the Special Marriage Act, 1954. Inter-religion marriage is also performed under this Act.
What is the meaning of Exogamy and Endogamy marriage in tribal communities?
If a tribal community marries someone outside their own family, village or clan, it is called Exogamy. If a marriage takes place within their own clan or village, it is called Endogamy.
What customs do Indian tribals follow for getting married?
The system of buying and selling for marriage is a common practice among tribal communities throughout India. The groom's father, as per his custom, pays a certain amount of money to the bride's father before the marriage. This is called the bride price.
Will the Hindu marriage rules apply to tribals?
The Hindu Marriage Act, 1955, will not apply to any tribal community marriage.
Will a person from a tribal community be held guilty of a crime under the I.P.C. if he keeps more than one wife or more than one husband?
Generally, according to I.P.C. Section 494, if a person keeps more than one wife or more than one husband, then he will be punished with rigorous imprisonment for 7 years and fine. But no person belonging to any tribal community can be punished for the same reason and such a rule will not be applicable to him.
Which women will get the benefits of the Maternity Welfare Act?
All government or private institutions (in which 10 or more employees are employed) will be eligible for benefits under the Maternity Welfare Act.
If a woman is employed in an organization through an agency, can she get benefits under this law?
Yes, women employed through agencies will also get benefits under this law.
When will pregnant women get their maternity leave?
Pregnant women are entitled to this maternity leave from 6 weeks to 1 month before the expected date of birth (two and a half months).
Will pregnant women get maternal mortality after giving birth?
Pregnant women can take leave for at least six weeks after giving birth.
If a woman has an abortion for any reason, will she get the above benefits?
If a woman has a miscarriage for any reason or is forced to have an abortion due to unavoidable circumstances, she will still be entitled to leave for up to six weeks after the miscarriage.
Will women receive their salary or wages during the above maternity leave?
According to this law, a female worker is entitled to receive her salary or remuneration during her maternity leave period, and her employer is also obligated to pay it.
In what proportion will the said woman receive this salary or wage or remuneration?
The salary or wages or remuneration for this maternity leave period will be paid to the woman at the rate of the salary for the three months immediately preceding the period of taking this leave.
How many days should a woman work in an organization before she is entitled to receive salary or remuneration for this maternity leave period from the organization she is employed with?
A woman who has worked for an organization for at least 80 days or more in the year preceding the date of birth of her child will be entitled to receive maternity leave pay or remuneration from that organization.
Will the above 80 days include government holidays and holidays approved by the government?
The above 80 working days will include government and legally approved holidays as working days.
What is the maximum number of days a female employee can take this maternity leave?
A female worker can take this maternity leave for a maximum of 26 weeks. Of this, she cannot take more than 6 weeks before the child's due date.
Will a female employee get this leave for each child she has?
A female employee who has two or more surviving children may take a maximum of 12 weeks of maternity leave upon the birth of her next child, of which a maximum of 6 weeks may be taken before the due date of delivery.
If a woman dies during this maternity leave period, will she be entitled to the full 26 weeks of benefits?
If a woman dies while on maternity leave, she is entitled to receive salary or wages until the day of her death.
If a woman dies during childbirth or the day after, will she receive the full salary or wages for her maternity leave?
If a working woman dies during childbirth or the day after childbirth and her child is alive, the employer is obligated to pay her full wages.
If the child also dies with or after the mother's death, is the employer obligated to pay the full maternity leave period of a devoted female worker?
If the child dies with or after the mother's death, the employer is obligated to pay the blood worker's maternity leave salary or wages until the day of the child's death.
If a woman adopts a child, will she get maternity leave?
If a working woman adopts a child under the age of 3 months, she is entitled to 12 weeks of maternity leave from the date of adoption.
If a woman adopts a child, will she get maternity leave?
If a working woman adopts a child under the age of 3 months, she is entitled to 12 weeks of maternity leave from the date of adoption.
If a female employee has an office job that allows her to work from home, can she be allowed to work from home for a few more days after her maternity leave?
If a woman has an office job that allows her to work from home, she can get permission to work from home for a few days after her maternity leave, with the consent of her and her employer.
If a woman who works in a factory or similar establishment and is entitled to the benefits of the Employees State Insurance Act, will she get salary or remuneration for maternity leave under this Act?
If a female employee working in a factory or similar establishment is entitled to maternity leave pay under the Employees State Insurance Act, then she will have received maternity leave pay under this Act till she becomes eligible for ESI Scheme pay or remuneration.
How does a female employee get paid for her maternity leave?
A woman employee who is entitled to maternity leave under this Act shall apply to her employer in writing in the appropriate form and the employer shall, on receipt of the application, grant her the leave and pay permitted by this Act. In the said application, the woman shall give a written undertaking not to work in any other establishment during that period.
How does a female employee get paid for her maternity leave?
A woman employee who is entitled to maternity leave under this Act shall apply to her employer in writing in the appropriate form and the employer shall, on receipt of the application, grant her the leave and pay permitted by this Act. In the said application, the woman shall give a written undertaking not to work in any other establishment during that period.
When will a woman receive her salary during the above maternity leave?
Maternity leave pay or paid leave: A woman who takes leave before the due date of childbirth will receive the pay for the leave she takes before the child is born, and the pay for the leave she takes after the child is born will be received within 48 hours of providing proof of the birth to her employer.
Will a woman receive payment for her volunteer time if she has not applied for this leave to her employer in the appropriate application form?
If any female employee has not applied for this leave in the proper application form, she shall apply to the Inspector appointed by the Government under this Act, under whose direction the employer shall pay the woman the amount of this leave within the prescribed period.
If a woman dies before receiving maternity leave pay, to whom will her salary for that period be paid?
If a female employee dies while on this leave, the said amount will be paid to the person nominated by the woman in her application or, if the name of the nominee is not mentioned, to her heir as per the law.
Apart from this leave pay, are pregnant women entitled to any other benefits under this law?
If the employer has not made any medical or other arrangements for the child before or after the birth, the woman will get another bonus of Rs. 1,000 (one thousand rupees) from the employer. The Central Government can review this bonus every three years and increase it up to a maximum of Rs. 20,000.
If a female employee undergoes a tubectomy surgery, will she be entitled to leave and immediate pay under this law?
If a female employee undergoes a tubectomy, she provides proof of the surgery to the employer, who will pay her 2 weeks of leave and paid sick leave as per this law.
Can a woman get more leave if she has health problems related to pregnancy, childbirth, premature birth, miscarriage/abortion, or birth control surgery?
If a woman develops any health problems due to the above reasons, then if she provides proof of this physical disability to the employer, the employer can grant the woman a maximum of one more month of paid leave even after the maternity leave period.
Will she be able to get some extra time during office hours to take care of the child after joining the medical profession after maternity leave?
After the mother joins the office after completing her maternity leave, the woman will be able to take care of the child for 2 more days in addition to her normal office hours, until the child is 15 months old.
Does this law include the provision of care homes for the children of female employers?
The law requires employers to provide childcare facilities for the children of women workers. Every employer in an establishment employing 50 or more workers shall provide childcare facilities at a reasonable distance from the place of work and shall allow the said women workers to visit their children four times during the working days, including the normal working hours.
How will women know what benefits they will receive during pregnancy under this law?
Every organization shall inform women employed in its organization in writing at the time of employment about the various maternity benefits to which they are entitled under this law.
Can a female employee be fired from her job while she is on maternity leave?
It is not lawful to dismiss a female employee from her employment while she is on maternity leave, but if she commits any domestic offence and is forced to be dismissed from her employment, she shall be given reasons in writing within 60 days of the dismissal. In such a case, if the woman is deprived of her maternity leave pay, she may appeal to the appropriate authority and the decision of the said authority shall be final.
Can a female employee's salary be reduced for the additional time she takes to care for her child during workdays?
A female employee cannot be entitled to any reduction in her daily wage for the time she takes off during working days to care for her child.
Who will appoint the Inspector mentioned in this Act?
The Inspector as mentioned in this Act shall be appointed by the appropriate Government (Central or State) and his territorial limits shall be fixed. He may inspect all the documents required under this Act.
If an employer does not pay a female employee her salary or wages during maternity leave, or pays her less than what is due, or dismisses her from her job during this leave, to whom can the woman complain?
If any woman employee is deprived of maternity leave pay or is dismissed by the employer at a rate less than the amount due or during the leave period, she may file a complaint with the above Inspector appointed by the Government. The Inspector may also, if he receives any information in this regard, investigate the matter on his own or on the basis of the complaint of the woman and if the investigation proves to be true, he may direct the employer to pay the woman her due allowance. In the case of a complaint of dismissal, he shall also make a proper inquiry and give appropriate directions.
What should the female employee do if she is not satisfied with the above Inspector's decision?
If the woman employee is not satisfied with the decision of the Inspector, she may appeal against the said order to the designated officer within 30 days of receiving a copy of the order of the Inspector and the decision of the said appeal officer shall be considered as final.
If a female employee works in the office during the period of maternity leave even after getting permission from the employer, can she take this leave later?
If a female employee continues to work in the office after obtaining permission for maternity leave, then she will not be able to take leave for the days she worked. The leave for the said days will be cancelled.
Will an employer be punished if he or she does not give a woman the benefits and allowances for her maternity leave or dismisses her from her job during this period?
If an employer does not pay a woman her maternity leave or dismisses her from employment during this period, he will be punished with imprisonment under this Act. The term of imprisonment will not be less than 3 months and will not exceed 1 year. For this, the employer can also be punished with a fine ranging from 2 thousand rupees to 5 thousand rupees.
What is the penalty that an employer will be punished for if he violates any of the rules mentioned in this law?
If any employer violates any of the provisions of this Act, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.
If anyone obstructs an inspector as described in this Act from inspecting any record or document or from taking any person's evidence, what punishment will he be punished with?
If any person obstructs an inspector referred to in this Act from inspecting any document or taking any evidence, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.
Who can file a complaint for violation of this law?
A complaint regarding violation of this provision can be filed by the Mahiba Nikah or by the worker of the registered trade union of which the woman is a member or by the Inspector of any voluntary organization. The complaint will be filed with the local First Class Judicial Magistrate.
If an organization provides more benefits to its female employees than those provided for in this law, is this law prohibiting female employees of good organizations from entering into agreements to avail the benefits of the Reforms Act without being covered by this law?
If an organization has made arrangements to provide more benefits to pregnant women employees than this law, then this law does not prevent the woman from making an agreement to take the benefits provided by the organization's current rules instead of this law.
Does the government have the power to enact any rules for the proper implementation of this law?
The Government has the power to issue necessary instructions for the proper implementation of this Act.
What is meant by the term 'Iddat period' in the Protection of Rights of Muslim Women during Divorce Act?
In the case of a divorced woman under Muslim law, the period of 'iddah' means the following period:
(a) If the woman is menstruating, then from the date of the divorce until the end of three menstrual periods.
(b) If the woman is not menstruating, then from the date of the divorce until the end of three lunar months.
(c) If the woman is pregnant on the date of the divorce, then from the date of the divorce until the day she conceives, and if the pregnancy has been aborted, then until that day.
Who is meant by the term "magistrate" in this law?
In this Act, the term "Magistrate" means the First Class Magistrate of the area where the divorced woman resides, who is exercising his powers in that area under the Criminal Procedure Code.
According to this law, what is a Muslim woman entitled to from her husband during divorce?
According to this law, a Muslim woman is entitled to the following things from her husband at the time of divorce.
(a) The divorcing husband shall make suitable arrangements for the maintenance of the woman during the period of iddat and shall provide her with maintenance during this period.
(b) If the woman is entrusted with the responsibility of a child born before or after the date of divorce, the divorcing husband shall make suitable arrangements for the maintenance of the woman and her child for a period of two years from the date of birth of the child.
(c) The amount of dowry or mehr fixed by Muslim law to be given to the woman by her husband at the time of marriage or after marriage shall be given to the woman at the time of divorce.
(d) All property which the woman received before, during or after marriage from any of her relatives or close relatives or from any of her husband's relatives or close relatives or close relatives or close relatives or close relatives of her husband shall be returned to the woman at the time of divorce.
If, at the time of divorce, the husband of a woman does not make proper arrangements for her maintenance and support, or does not return the mehr and dowry money and the property received by the woman, what should the woman do?
If a woman's husband does not make proper arrangements for her maintenance and support at the time of divorce or does not return the dowry and dowry money and the property received as mentioned above, then the woman herself or a person appointed on her behalf can apply to the magistrate to get all these things.
The magistrate will give his verdict on the charges in a few days.
The Magistrate shall investigate the above complaint and give his/her verdict within one month of the filing of the complaint. If for any reason it is impossible to give a verdict within one month, the Magistrate may give his/her verdict after one month, stating the reason.
If a woman's husband does not pay her all the dues she is entitled to within the time limit set by the magistrate in his judgment, is there any provision for her to face any punishment?
If the divorced husband does not pay his wife all her dues within the time limit fixed by the Magistrate, the Magistrate may, by issuing a warrant in her name, recover the arrears as a fine under the Criminal Procedure Code and may order that she be punished with imprisonment for a term which may extend to one year or until all arrears are paid. However, the Magistrate shall give the person concerned an opportunity to be heard before passing sentence.
If a divorced woman does not remarry and is not able to support herself, then how will she support herself after the Iddat period?
If a divorced woman does not remarry and is unable to support herself, then when she comes before the court, the magistrate can investigate the matter and order the woman's relatives (who will inherit her property after her death) to pay maintenance to her in proportion to their income and the woman's lifestyle, whichever is more suitable for sharing in the woman's property.
If the woman has children, will the court order them to support her?
If the divorced woman has children, the court will order them to provide maintenance for the woman.
If the child is unable to provide for the woman, from whom will the woman receive maintenance?
If the woman's children are unable to support her, the court will order the woman's parents to support her.
If the woman's parents are also unable to support her, then who will the court order in this regard?
If both or either of the woman's parents prove their inability to maintain the woman, the court may order another relative of the woman who is capable of maintaining her to pay the maintenance in proportion to the maintenance due to the above person, considering his/her ability to do so.
If a woman does not have any close relatives as described above, or if she does, she is unable to provide maintenance, then who will provide maintenance to the woman?
If the woman has no close relatives or if she has any, she is unable to provide maintenance, then the court can order the State Waqf Board to provide maintenance to the woman.
Is there any provision for Muslim women to get maintenance under any other law?
If a Muslim woman applies for maintenance in court, on the first day of hearing of her application (on which date the notice is issued to appear in the opposite court), the divorced woman and her former husband shall inform the court by affidavit or by joint or separate declaration that instead of paying maintenance under this Act, he will pay maintenance as per the provisions of sections 125 to 128 of the Code of Criminal Procedure. After the declaration is filed, the court shall hear the application and pass its order accordingly.
Can the government make any necessary rules for the proper administration of this law?
For the proper administration of this Act, the Central Government may, by notification in the Gazette, make or amend necessary rules.
According to the Muslim Marriage Act, on what grounds can a Muslim woman file for divorce?
According to the Muslim Divorce Act, a Muslim woman can apply for divorce in court on any one or more of the following grounds:
(1) If there is no news of her husband for four years;
(2) If the husband has not made any arrangements for the maintenance of his wife for two years;
(3) If the husband is sentenced to imprisonment for seven years or more for any reason;
(4) If the husband has not performed his duties as a husband for three years without any valid reason;
(5) If the husband was a eunuch at the time of marriage and there is no change in his condition after marriage:
(6) If the husband has been suffering from mental disorder or a serious venereal disease for two years;
(7) If a woman is married off by her father or other guardian before she reaches the age of 15 years and the husband and wife have not consummated the marriage and the woman rejects the marriage before she reaches the age of 18 years;
(8) If the husband is abusive towards the wife;
(9) If there is any other valid reason permitted by Muslim law, the woman can apply for divorce.
What is meant by a husband's violent behavior towards his wife?
The following acts constitute the husband's violent use of his wife:
(a) Constantly abusing or abusing his wife; or
(b) Having sexual relations with a woman who is involved in an immoral act; or
(c) Forcing her to live an immoral life; or
(d) Depriving her of her property or depriving her of the exercise of her property rights; or
(1) Preventing her from performing her religious duties; or
(a) If he has more than one wife, not treating all of them equally according to the Quran.
If a woman has filed a divorce petition in court on the grounds that her husband has been sentenced to 7 years or more in prison, can the court immediately hear the petition and give a verdict?
If the wife has filed for divorce because her husband has been sentenced to 7 years or more in prison, the court will not rule on the petition until the husband's sentence is final.
If a woman has filed for divorce after not hearing from her husband for four years, and the husband comes after the court issues a divorce decree, what should be done in that case?
If a woman has applied for divorce on the ground that she has not heard from her husband for four years and the court has passed its judgment to that effect, the judgment of the court shall not be executed within six months from the date of its publication. If within these six months the husband appears in court himself or through a person appointed by him and satisfies the court that he is ready to discharge all his marital obligations properly, the court may modify its judgment for divorce.
If a wife has filed for divorce after not hearing from her husband for four years, should the notice of the complaint be served on the husband's family members?
If a wife has applied for divorce on the ground that her husband has not been heard from for four years, in the said application the wife shall give the names and addresses of all those who will be her heirs in the event of her husband's death. Notice shall be given to the devout persons in this case and they shall have the right to represent her in court. According to this law, if the husband has brothers and his father's brothers, then even if they are not his heirs, they shall still be parties to the case.
If a woman has filed for divorce due to her husband's concubinage, but the husband decides to free himself from his concubinage and live a married life with the woman, what should the husband do?
If the wife has applied for divorce on the grounds of her husband's eunuchship, but the husband wishes to be freed from eunuchship and live with the wife, then the husband shall apply to the court for this purpose and after hearing it, the court shall order the husband to be freed from eunuchship within one year. If the husband satisfies the court within this period that he has been freed from eunuchship, then the court shall not order a divorce on this ground again.
If a Muslim woman leaves Islam and converts to another religion, will her conversion automatically result in her being divorced?
If a Muslim woman converts from Islam to another religion, she will not automatically be granted a divorce; however, she can apply for a divorce based on any of the various grounds for divorce given above.
According to this law, if a woman of another religion converts to Islam but continues to follow her previous religion, will this be a ground for divorce for her?
This will not be grounds for divorce for the woman.
What is the meaning of the word divorce?
The word talaq means divorce. In the Muslim religion, there has been a system of divorce by the husband uttering the word talaq.
Is it legal if the husband pronounces or writes the word talaq, either verbally or in writing or electronically?
It is illegal to pronounce the word talaq, whether orally, in writing, or electronically, as it is considered impure conduct.
Is there any provision for punishment for the person who pronounces talaq?
Pronouncing or writing talaq without consent is a punishable offence. For this, the offender is liable to imprisonment for a term of up to 3 years and a fine.
Is there a system in place to provide maintenance to a divorced Muslim woman and her children?
A divorced woman and her children are entitled to maintenance. Therefore, the magistrate can order maintenance in this case.
Who will be entrusted with the custody of the minor child?
After a married Muslim woman obtains a divorce from her husband, her minor children will remain under her care.
Will the crimes committed under this law be considered as criminal offenses?
Offences committed under this Act are criminal offences and the woman herself or any of her blood relatives can file a complaint in this regard at the police station.
Can the offences committed under this Act be arbitrated?
Offences under this Act can be settled through conciliation at the request of the divorced woman.
Is a husband who divorces a woman entitled to bail under this law?
After hearing the woman who has been divorced by this legal offender, the magistrate can grant bail if he is satisfied that there are sufficient grounds.
On the basis of which case did the Supreme Court pronounce triple talaq and abolish the system of granting divorce?
In 2017, the Supreme Court struck down the practice of triple talaq and issued divorce decrees in the case of Saira Bano vs. Central Government. Some other cases were also heard simultaneously with this.
Which law regulates "right-handed driving" in Odisha?
Witchcraft in Odisha is regulated by the Odisha Witchcraft Detection and Prevention Act (OPTAH) Act, 2013.
What is meant by the word "Dai"?
As per the definition given in Section 2 of the Odisha Prohibition of Witchcraft Act, 2013, a witch means any woman -
(a) who is unanimously recognized as a 'witch', or
(b) who is believed by the people to have the power to harm any other person, or,
(c) who is alleged to have such harmful powers, or,
(d) who is believed to be able to cast spells by such evil powers, or,
(e) who is believed to be able to do any harm to the society, whether personally or in public, by the power of magic.
What is meant by witchcraft detection and killing?
: As per Section 2 of the Odisha Witchcraft Prevention Act 2013:-
A: ‘Dhaani Maaran’ means any act done or knowingly attempted by any person to do the following:-
• Identifying, accusing or slandering any woman as a witch,
• Harassing, harming or injuring such women physically or mentally, or causing damage to their property.
What is meant by the word "Guuni Garedi"?
According to Section 2 of the Odisha Prevention of Witchcraft Act 2013, the term "sorcery" means any act of summoning a spirit by means of supernatural power or magic with evil intent, inducing that spirit to enter another person's body, digging up lost objects and using such acts as fortune telling, divination, divination, divination by means of divination, divination by means of spells, divination by means of spells, divination by means of spells, divination by means of spells, divination by means of spells or by means of other names in the local area.
Who is the "right-handed doctor"?
According to Section 2 of the Odisha Witchcraft Prevention Act 2013, a witch doctor or witch doctor means any person who claims to be a "witch", a tantric, a Kalisi or whose witchcraft is believed to have supernatural powers to cure or control a woman or who performs rituals to free a woman from a malevolent spirit or to bless a woman to have a child or to perform rituals on behalf of a person to harm another person.
When did this law come into effect?
This law came into effect on April 25, 2014.
What is the background of this law?
The Odisha Witchcraft Identification and Killing Act, 2013 came into effect on 25th April 2014. It aims to eradicate witchcraft and other such practices. The punishable offences include identifying any woman as a witch and doing any act that causes harm or injury to any person, as well as any person who repeatedly commits such offences, such as a witch doctor. Ignorance, superstition etc. are some of the root causes of this practice. To prevent such crimes and to create awareness among the people against such superstition, a collective action plan has been formulated to take strict steps and to curb witchcraft.
What should a woman who is diagnosed with witchcraft and is suffering from witchcraft do?
The aggrieved woman can take help from various private organizations or social workers or can go to the police station and file an FIR or complaint. The police/security officer will provide a copy of the FIR free of cost and will then monitor the incident, so that the incident can be brought to the attention of the court of law to provide justice to the aggrieved woman.
Are the Odisha Witch Identification and Killing Act legally binding directives/orders?
According to Section 3 of the Act, no person shall practice witchcraft or witch identification with the intention of harming another person.
What is the punishment for the crime of witchcraft?
According to Section 4 of the Odisha Act, witchcraft is an outrage to human dignity. Whoever identifies a witch, promotes or encourages witchcraft, shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to Rs. 1000 or with both. Whoever identifies a woman as a witch and forces her to eat or drink any inedible or indecent substance or paints her face or body and forces her to walk or forces her to do any other act which is degrading to human dignity or expels her from her home shall be punished with imprisonment for a term which may extend to five years and with fine.
What are the punishments for witchcraft?
According to Section 5 of the Odisha Witchcraft Identification Act (Any person who practices witchcraft or any other similar act with the intention of harming or injuring any woman) is punishable with imprisonment for a term which may extend to 1 year or with fine which may extend to 5000 rupees or with both imprisonment and fine.
What are the punishments for witch doctors?
According to Section 6 of the Odisha Witchcraft Identification Act, anyone who practices witchcraft or does any similar act with the intention of causing harm or injury to any person shall be punished with imprisonment for a term which may extend to one year or with a fine which may extend to not less than Rs. 5000/- or with both imprisonment and fine.
Is there any provision for additional punishment for repeat offenders?
Yes, as per Section 7 of the Odisha Witchcraft Identification Act, there is a punishment for repeat offenders under the existing law. Any person convicted of this offence, if he commits this offence for the second or third time, is liable to imprisonment for 3 years.
Does this law disrespect any other law? Or is it separate from any other law?
According to Section 8 of the Odisha Prohibition of Identification of Witches Act, the provisions contained in this Act are combined with other laws, it is not separate from any law.
What provisions are there in this law for compensation for losses?
According to Section 9 of the Odisha Prohibition of Witchcraft Act, the court determines the amount of fine by considering the physical and mental harm caused to the victim by witchcraft. This loss includes medical expenses and damage to the victim's property. The court collects the fine from the offender and part or the entire amount of the collected fine is given to the victim as compensation.
Is this crime a felony and non-bailable offense?
According to Section 10 of the Act, all offences related to witchcraft are included in this Act as a cognizable and non-bailable offence.
What preventive measures can be taken by the state government?
According to Section 10 of the Odisha Witchcraft Prevention Act, the state government has a provision to formulate a plan to make people aware of superstition and inform them about witchcraft and related practices.
What are the measures or measures to prevent witchcraft detection and killing?
A: After careful consideration, the State Government has implemented various measures to prevent the practice or practice of witchcraft in the State: namely, information education and communication
• To prepare a story-based chapter for students of appropriate categories on the ill effects of witchcraft in the school curriculum (School and Public Education Department)
• Hoardings, banners and pamphlets containing educational content on the punishment will be displayed in the areas affected by witchcraft in all the States. Special priority (focus) should be given to Mayurbhanj, Ganjam, Rayagada, Sundargarh districts (Information and Public Relations Department)
• To create awareness among the citizens, the ill effects of witchcraft and the punishment of witchcraft as per the Odisha Witchcraft Identification and Prevention Act 2013 should be disseminated from time to time through electronic media and newspapers. (Information and Public Relations Department)
• Public awareness should be created through road shows, folk songs and dances like Pala Dasakthiya horse dance, by private organizations. All these activities should be done in regional languages ??to reach out to the tribal groups. (Culture Department)
• Health awareness programs should be conducted by health workers and ASHA workers in the affected areas of the state. It is necessary to educate and sensitize people about the harmful consequences of witchcraft on children occurring in some parts of the state. (Health and Family Welfare Department)
Training and sensitization programs
• Anganwadi workers of the state should be trained on the ill effects of witchcraft and various preventive measures. They should educate and inform the women of the areas where witchcraft is occurring. (Women and Child Development Department)
• Educate the groups on the effects of witchcraft. To sensitize self-help groups to create awareness and sensitize them. (Women and Child Development Department and Information and Public Relations Department)
Information and Connection
• The State Crime Branch will implement a comprehensive program of development-oriented schemes in the affected Gram Panchayat groups for the purpose of identifying and killing witches. (Village Development Department)
• The District Collectors of all the districts of the state will identify private institutions as partners to work towards creating awareness on witchcraft identification and its causes. The efficient private institutions working in this field should be awarded every year at the annual district festival. (All District Magistrates)
• Actions to be taken by the Police
• If there is credible information or evidence that witchcraft is likely to be committed or if there is sufficient reason to provide assistance to a woman who has been identified as a witch, the Police Officer shall go to the place and take all steps to detect and prevent witchcraft and to provide protection to the victim, if necessary, admit the victim to a recognized shelter home.
• Since this offence is a serious and non-bailable offence, the Police Officer shall register a case and take action as per law.
• If the offence is committed in his presence, the Police Officer shall arrest the suspected offender and produce him/her before the appropriate court of competent jurisdiction for trial of the offence within the given time.
• The Police Officer shall seize all incriminating material used in the commission of the offence in accordance with the procedure of law.
• If any police officer comes to know that such a crime is being committed or is likely to be committed outside the area of ??his duty, he shall inform his officer-in-charge who shall immediately inform the police station (Officer-in-Charge) of the place for taking action and shall also send a written complaint. (Police DD & AEG Odisha, Cuttack, Special GK Police, Crime, Odisha, Cuttack. All S. P / All DCP.)
Which country has the death penalty for identifying and killing witches?
Some countries have legal provisions against the system. Saudi Arabia is one country that has a legal death penalty for adultery.
What are the reasons for identifying and killing witches?
Poverty, social unrest (crisis) and lack of education are the reasons for the death of witchcraft. Often an influential figure in the group who leads the witchcraft or a soothsayer! Witch doctors also make financial gains by charging a fee for performing this procedure or by selling the organs of the deceased.
How are these women addressed and treated in Indian society?
They are called by various names like Chudel, Dayan, Tohni, etc. But the sad thing is that they have a divine power which they use to harm others. So the practice or method of killing these people to protect them from their harm is witchcraft and killing. In the name of witchcraft, people kill and rape innocent women to take possession of their property and sometimes it is also used as a weapon to take revenge.
In which states of India is witchcraft detection and killing widespread?
Witchcraft detection and killing is widespread in about 12 states of India, including Jharkhand, Bihar, Haryana, West Bengal, Madhya Pradesh, Maharashtra, Gujarat, Odisha, Chhattisgarh, Assam, Rajasthan, and Uttar Pradesh.
What is the situation in Odisha across the country?
Odisha ranks second in the registration of killings for witchcraft in the last few years. Despite the widespread publicity of the Odisha Witchcraft Identification and Prevention of Killings Act 2013 to prevent this socially dangerous phenomenon, it is still prevalent in tribal-dominated districts like Mayurbhanj, Ganjam, Rayagada, Sundargarh, Koraput, Gajapati, Malkangiri and Keonjhar.
How many cases have been registered in Odisha so far?
While 58 cases were registered in 2015, this was an increase of 83% to 83 cases registered in 2016. Under the Odisha Witchcraft Identification and Prevention Act, 2013, 99 cases were registered in 2017.
Which district in Odisha has registered the highest number of cases?
49 cases of gender-based violence were registered in Keonjhar district, while 42 cases were registered in Nabarangpur district.
What steps have been taken to control this situation in Odisha?
Rapid Response Teams (RRTs) are working at the village or block level to detect and control witchcraft. At least 26 RRTs have been formed so far. The teams consist of Child Development Officers, Medical Officers, Group Education Officers, Inspectors in charge of police stations (Thanadhupati), and a group level worker of the Aayok Mahasangh itself. In addition to the activities of awareness teams, Child Development Officers, Medical Officers, Group Education Officers, Inspectors in charge of police stations, these teams, in collaboration with the local police and other agencies, take various steps to stop or reduce crimes.
How many people have been killed according to official reports?
According to official statistics, 339 people were killed in 2017 in the name of witchcraft, and 2,900 women were killed for witchcraft between 1991 and 2010. These statistics indicate the incidents that have been documented. But many such incidents are never documented due to internal fears.
What is the status of witch detection and killing in other states?
According to the National Crime Records Bureau (NCRB) 2017 report, the number of witchcraft-related deaths in Jharkhand was 86, while 46 were registered in Haryana, 53 in Andhra Pradesh and Odisha, 37 in Madhya Pradesh, 35 in Chhattisgarh, 41 in Maharashtra, 9 in West Bengal and 11 in Meghalaya.
What are the legal benefits related to witch detection and killing?
There is no national law for the detection of witchcraft. Therefore, the facilities available under the Indian Penal Code 1860 can be used as an alternative for the victims. The various sections applicable in such cases are Section 302 for murder, Section 307 for "attempt to murder", Section 323 for causing hurt, Section 376 for punishment for misdemeanor and Section 354 for outraging the modesty of a woman.
What other legal and statutory benefits do other states have besides the Indian Pingal Code?
Apart from the Indian Penal Code, other states have enacted various laws to regulate the detection of witches. Despite being a backward class, Bihar was the first state in India to pass a law against witchcraft in 1999 (the Prevention of Witchcraft Act, 1999). Following this, Jharkhand enacted the Anti-Witchcraft Act in 2001 to protect women from inhumane practices and provide legal protection to victims. In essence, the punishment for anyone who identifies someone as a witch or tries to cure a witch and recover the lost property is mentioned in sections 3, 4, 5 and 6 of this act, while the procedure for filing a complaint for the offence is mentioned in section 7. Maharashtra does not have any specific law on witchcraft till now. The only reason for this is the opposition of some religious groups who believe that the implementation of this law will undermine their ancient rights. Now, with the incidence of witchcraft being very widespread, the state government is planning to pass a law. Such incidents are also seen in some parts of West Bengal like Purulia, Bankura and Birbhum. However, the state government has not made any law to control it. has not been successful in enacting it. Therefore, there is a need for a national law that can be implemented in all states to prevent this crime.
Apart from state laws, what other institutions can prevent the crime of "witch hunt and killing"?
“Apart from the state laws, other institutions have been formed to prevent witchcraft, protect women and ensure their rights to live a peaceful and dignified life. Many private institutions are working to prevent social evils like ‘witchcraft’ and thereby protect women. One of them is the “Rural Litigation and Entitlement Centre”, which filed a Public Interest Litigation in the Supreme Court on behalf of 1000 women of Jharkhand who were victims of ‘witchcraft’; regarding the atrocities being committed against women in the name of witchcraft.
What are the comments of international treaties regarding the identification of witches?
India has a responsibility to protect women from social and gender discrimination and to ensure their fundamental rights and protections as enshrined in various treaties and laws. The Universal Declaration of Human Rights (UDHR) 1948 protects women from any form of discrimination and promotes equality before the law. It guarantees the right of every human being to “life” and “liberty”.
Why does the practice of witchcraft still exist in our society?
To punish someone for being identified as a witch, the court needs evidence, and even now, witches are being identified precisely because of this "evidence". "Witch detection is a crime that is prevalent at the social level. Therefore, people who are afraid or accept this practice remain silent against it, which hinders the collection of evidence. Therefore, due to lack of proper evidence, proper justice is not served. Apart from this, people who practice 'witch detection' are often influential, and people do not speak out against them due to fear and their threats. Odisha Prohibition of Witch Detection Act - 2013 Poor implementation of the existing law - Even in the states where this phenomenon is prevalent, there is no law yet to control a social illusion like 'witch detection'. Due to the lack of any state-level law, the states where this law is implemented are not effective due to lack of legal support. The fact that 'witch detection' continues to spread even after the law has been enacted is proof of the ineffectiveness and ineffectiveness of the state-level law. Lack of national law: - It has been mentioned earlier that there is no national law in India to prevent 'witch detection'. Or there is no law. It is framed under the Indian Penal Code and punishment is given accordingly. Therefore, there is a need for a law to eradicate this hateful practice from the society.
Are there any special legal interventions in matters related to 'right-handedness'?
As explained in Smt. Shashiprabha Bindhani vs State of Odisha, 25th April, 2012, W.P.C. No. 17.638, 2011, the petitioner argued that India is a party to the Universal Declaration of Human Rights to protect women from discrimination against women and all forms of violence against them. In addition, the United Nations International Covenant on Civil and Political Rights provides that everyone is equal before the law and is entitled to equal treatment under the law. India is also a party to this convention since 1966. Although India has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), no reasonable steps have been taken to enact laws to reduce the social evils like ‘right-handedness’ prevalent in the state. States like Bihar, Jharkhand and Chhattisgarh have already taken steps to eradicate this practice. But our state has not taken any steps to eradicate this practice. Therefore, the petitioner has prayed to the Hon'ble High Court for directions to the states to enact laws in this regard. The state should take the following steps:-
• Public awareness programs should be conducted at the Gram Panchayat level to eradicate Gunigaredi.
• Health camps should be organized at various village levels to check "Mental Disorders", because such a mentality is a demon in the minds of the people. Creating a false impression of being “possessed by a ghost” or “self-witch”
• The investigating agencies involved in the crime of witchcraft should take steps to record the statements of the witnesses under Section 164 of the Indian Penal Code to avoid their adversaries.
• Immediate strategies should be adopted to change or eradicate the patriarchal attitudes and traditional practices that are biased against women by perpetuating the traditional system.
• This harmful practice should be tackled very strictly, especially in rural areas, through mass education programmes and by forcibly stopping such practices.
• Innovative methods should be used to target the media to strengthen the understanding of equality between women and men and to promote positive and non-traditional portrayals of women through the education system.
• Measures implemented / The effectiveness of the measures should be monitored and reviewed and appropriate further steps should be taken.
Swatahpravrat Vs State of Jharkhand and Others (29.06.2016 JHRHC)
The Hon'ble High Court of Jharkhand took suo motu action on the basis of a newspaper article and further stated that the state has not taken any effective steps to sensitize people about the ill effects of the Guni Garedi practice. According to a report published in the Hindustan Times on 29th June 2016, after the launch of some awareness vans by the Hon'ble Chief Minister in August 2015, many women in Ranchi district were identified as witches and were subjected to severe punishment by the villagers outside the law. The headline of the news was "Witch identification awareness vans run aground due to lack of funds". The news also indicated that Social Welfare Secretary Shri M.S. Bhatia was contacted in this regard and he stated that he has asked the relevant officials to plan a stronger campaign against witchcraft and superstition and he also said that a new campaign will be started in this regard through mobile vans. Jharkhand Legal Services Agency (Jhalsa) has its own mobile van to reach out to the people through awareness programmes prepared by it. It is no doubt that it has taken effective steps to conduct awareness programmes against witchcraft. But these should be contemporary and appropriate. Finally, the court directed that if Jhalsa coordinates with the state's social welfare department and starts awareness programs against witchcraft in the most affected districts, it can combat the increasing witchcraft situation and save many women who are suffering from it.
Unknown VS West Bengal and others, AIR 1979 Calcutta 51
Here the petitioner was directed to submit a report on the status of witchcraft before the Hon'ble High Court. On the basis of the report submitted by the petitioner, the Hon'ble Court did not find any satisfactory steps taken by the Government and issued directions. In this case, the following directions were given by the Court:-
The State Government shall constitute a Committee consisting of the General Administrator, an expert sociologist etc. to inspect the prevalence of witchcraft in various districts of the State of West Bengal and the Committee shall submit its report/report to the State Government within six months of the receipt of the directions.
• The Committee shall in its report specifically identify the areas of West Bengal where witchcraft is prevalent and on the basis of this report, the State Government shall appoint special cells in those districts to deal with witchcraft, including intelligence officers and police officers, who shall conduct surveys, collect information and reports and, if necessary, take preventive measures to prevent such illegal practices from taking place.
• The officers of the special cells shall, if they find any evidence of witchcraft, immediately register criminal cases against the accused and take necessary preventive measures.
• Victims of witchcraft shall be provided with legal aid through the District Legal Aid Services. The aggrieved persons shall be provided with necessary medical and psychological assistance and protection as they are entitled to legal aid under the Legal Services Act, 1987 and as they are vulnerable witnesses of crimes committed by the State.
Shri Rajiv Kalita VS. State of Assam, AIR 1996 Gau 40
In this incident, the Hon'ble High Court has directed the State of Assam to enact necessary laws to prevent the atrocities and evils of witchcraft which are rampant in the state. A Public Interest Litigation was also filed on the basis of this direction. After this, the Assam Witchcraft (Prevention, Eradication and Protection) Bill, 2015 was passed by the Assam Legislative Assembly, after which the Governor of Assam sent the Bill to the President of India for assent. Later, the Bill was accepted by the Ministry of Home Affairs, Government of India.
Mohan Singh VS. State 1963 A.I.R. 174
In this incident, Pratikshap Raja Samand was arrested under Section 3/4 of the Rajasthan Prohibition of Witchcraft Bill 2015 and Sections 323, 308 of the Indian Penal Code, Kelwada Police Station, Samand District, for the offence punishable under Sections 144/2016. Here, the respondent was summoned by the family members of the petitioner to perform witchcraft on the petitioner. It was argued that as per the injury and autopsy report, there was no damage to the skull and other bones of the complainant, therefore, the respondent has not committed any offence punishable under Section 305 of the Indian Penal Code. It was also argued by the government prosecutor that the investigation of the matter has been completed and the charge sheet has been filed and it was also argued that the respondent was involved in witchcraft and this court held that since the respondent had mistreated the petitioner in the name of witchcraft,
What is the definition of a patient as per the Odisha Patient Compensation Scheme?
Under this scheme, a woman or man who has suffered loss or been injured as a victim of any crime will be called a victim.
Does this scheme have a provision for rehabilitation of the patients?
Yes, this scheme has a provision for the relief of the victims. If the victim dies due to this crime, then there is also a provision for the relief of his dependents or dependents.
Who are the dependents of minor patients?
The dependents of these victims are their parents and family members who may have suffered as a result of the crime or members of their family who may have been particularly affected by the incident.
What is the goal of this scheme?
The aim of this scheme is to firstly provide financial assistance to the patients and secondly to provide various services as per the needs of the patients such as housing, proper counseling, health and legal assistance, education and vocational training etc.
Where does this compensation money come from to the victim or their dependents?
This compensation is paid from the 'Victim Compensation Fund'.
Who manages this fund?
This fund is administered by the Director of the State Legal Services Authority.
Where does the money for this fund come from?
This fund receives funds from the following sources:
This scheme is included in the budget of the state government.
Money, donations, gifts and gifts given by the central government, state government, local government bodies or any person go to this fund.
All other funds come to this fund from any source with the order of the court.
What are the eligibility requirements for compensation?
The following are the eligibility criteria for compensation. For example:-
Those who have not received compensation from any other scheme of the Central Government or State Government or from any insurance company or any other body, those victims shall inform the Chief Minister about the details of their claim. Also, the victims can freely choose any scheme of the government. They can choose the scheme through which they get adequate benefits; but they can choose any scheme.
If the loss of the victim causes a significant reduction in the income of the family, which cannot be compensated without compensation or if his dignity or personality or his mental or physical or medical expenses put a financial burden on the family, they are eligible for compensation.
While the case is going on in the court, the victim shall cooperate with the police and the government at all times, starting from the investigation process till the completion of the case.
Which authority has been given the responsibility to implement this scheme?
The District Legal Services Authority Center in each district has the sole authority to receive applications related to compensation.
What is the duty of the District Legal Services Authority Center in implementing this scheme?
In implementing this scheme, the District Legal Services Authority has the following duties:
To consider the claims of the victims and provide them with financial assistance and other support services as per the procedure prescribed in this scheme.
To arrange for psychological, medical and legal assistance to the people affected by the incident.
To arrange for counselling to the affected women and if the affected women are married, to provide necessary counselling to their husbands.
To arrange for accommodation for the affected women for as long as they require.
To arrange for education or vocational training to the affected women for rehabilitation under this scheme.
To direct the appropriate authorities to provide protection to the affected people in their time of need.
On the recommendation of any court or if a court recommends it or if any victim applies to the District Legal Services Authority, the District Legal Services Authority shall investigate the incident and verify the detailed claims of the damage caused by the incident and shall inquire into such other relevant information as may be required for this purpose from the appropriate authorities.
The District Legal Services Authority will consider the amount of compensation for the rehabilitation of the victim, keeping in mind the health expenses of the victim, the minimum living expenses and the emergency expenses in case of death, and all the losses suffered by the victim. This compensation amount varies from case to case.
The amount of this compensation amount will not exceed the list given in the scheme.
The compensation amount will be given to the victim as per the list given in the District Legal Services Authority scheme.
What are the procedures for providing compensation?
The methods of providing compensation are—
When a court recommendation or an application is made by a victim to the District Legal Services Authority, the District Legal Services Authority shall examine the incident and verify the detailed claims of damages caused by the incident and collect other information related to the incident such as damages caused by criminal activities. The District Legal Services Authority shall, after verifying the claims of the victim and conducting the necessary investigation, pay compensation within 2 months of receiving the court recommendation or the application of the victim.
Under this scheme, as per the court’s decision to provide compensation, the victim is given a compensation amount from the offender. Then its minimum amount is calculated. Before paying this compensation amount, the victim has to give an undertaking.
The District Legal Services Authority will consider the amount of compensation for the rehabilitation of the victim, keeping in mind all the losses incurred by the victim, including his medical expenses, minimum living expenses and emergency expenses. If the compensation amount is less than the maximum amount, the reasons will be given.
The amount of compensation under this scheme will be given to the victim or his dependents.
How is the compensation paid or in how many installments?
The compensation amount is paid in two (2) installments. The first half of the compensation amount is paid before the trial and the other half after the trial. However, the Government Prosecutor or the District Legal Services Authority will provide proof of the victim's cooperation in the trial.
What other assistance does the District Legal Services Authority provide to the victims?
After obtaining the approval of the officer-in-charge of the concerned police station or the magistrate of the concerned area, the District Legal Services Authority will first provide the victim with urgent primary treatment or health facilities free of cost.
How will the compensation money be paid to the victim?
The compensation amount will be transferred to the victim's bank account electronically through the bank only.
Is there a time limit for victims to claim compensation?
Yes, there is. Compensation for the victim or their dependent will not be accepted until 12 months after the crime occurred.
If the victim is dissatisfied with the sanction of the District Legal Services Authority Compensation Authority, can he do anything?
An aggrieved party may appeal against the decision of the District Legal Services Authority to the State Legal Services Authority for a retrial within 90 days of the date of the hearing.
How much compensation will the patient get if he dies under this scheme?
If the patient dies, then under this scheme, a maximum compensation of Rs. 2 lakh will be provided.
If the patient is raped, how much compensation will she receive?
If the victim is raped, then she can get a maximum amount of Rs 3 lakh as compensation.
If a minor boy or girl is physically abused, how much compensation will he or she receive?
If a minor boy or girl is physically abused, he or she can get compensation up to a maximum of Rs. 2 lakh.
How much compensation will be available for victims of human trafficking?
This scheme can provide compensation up to a maximum of Rs 1 lakh for the rehabilitation of victims of human trafficking crimes.
How much compensation will a victim receive in case of sexual harassment without malice?
In cases of sexual harassment without malice, the victim can receive compensation up to a maximum of Rs. 50,000.
If the patient becomes more than 80% disabled, how much compensation will he receive?
If the patient becomes more than 80% incapacitated, then he will receive a maximum compensation of Rs. 2 lakh.
If the patient becomes partially (40 to 80) disabled, how much compensation will he receive?
If the victim becomes partially (40 to 80) disabled, then he/she can get compensation up to a maximum of Rs. 1 lakh.
If the victim suffers burns to more than 25% of his body, how much compensation will he receive?
If the victim suffers burns to more than 25% of his body, he will get compensation of up to a maximum of Rs 2 lakh.
If the patient's fetus is miscarried, how much compensation will she receive?
If the victim's fetus is lost, she can receive compensation up to a maximum of Rs. 50,000.
If the patient's fertility is lost, how much compensation will she receive?
If the patient's fertility is lost, she can receive compensation up to a maximum of Rs. 150,000.
If an acid attack occurs on a victim, how much compensation will she receive?
If an acid attack occurs on a victim, she can get compensation up to a maximum of Rs 3 lakh.
How much compensation will a woman or child receive if she has suffered extreme mental anguish as a result of being victimized by the crime of human trafficking?
If a woman or child has suffered severe psychological pain as a result of being a victim of human trafficking, she can receive compensation up to a maximum of Rs. 10,000.
If a child victim is traumatized by sexual harassment, how much compensation will she receive?
If a child victim has been harassed in an act of sexual harassment, she can receive compensation up to a maximum of Rs. 20,000.
What will be done in this case if the competent court has awarded compensation in excess of the list stipulated in this scheme?
If the competent court has awarded compensation in excess of the list prescribed in this scheme, then a special order from the State Government is required for this additional compensation.
Why and when did the Prevention of Human Trafficking Act come into being?
In 1950, an international treaty was signed in New York to combat human trafficking. The Indian government also signed this treaty to combat human trafficking between countries. The purpose of this treaty was to prevent human trafficking and to prohibit the abuse of prostitution.
Is there any provision in our Constitution to prevent this illegal human trafficking?
Human trafficking is prohibited under Article 23 of the Indian Constitution. It is stated that non-compliance with this prohibition will be considered an offence under law and the offender will be punished. Article 35 directs the government to enact laws to prevent this illegal human trafficking.
When was a law enacted to prevent illegal human trafficking in our country?
To prevent illegal human trafficking in our country, the Suppression of Illicit Human Trafficking Act was enacted in 1956 and this Act came into effect on 02.05.1958.
Why and when did the Prevention of Human Trafficking Act come into being?
In 1950, an international treaty was signed in New York to combat human trafficking. The Indian government also signed this treaty to combat human trafficking between countries. The purpose of this treaty was to prevent human trafficking and to prohibit the abuse of prostitution.
Is there any provision in our Constitution to prevent this illegal human trafficking?
Human trafficking is prohibited under Article 23 of the Indian Constitution. It is stated that non-compliance with this prohibition will be considered an offence under law and the offender will be punished. Article 35 directs the government to enact laws to prevent this illegal human trafficking.
When was a law enacted to prevent illegal human trafficking in our country?
To prevent illegal human trafficking in our country, the Suppression of Illicit Human Trafficking Act was enacted in 1956 and this Act came into effect on 02.05.1958.
What is the meaning of the word 'brothel' in this law?
The word 'brothel' refers to any house, room, vehicle or place, or any part of a house or room, which is used for the sexual exploitation or abuse of a person or two or more persons engaged in prostitution for their own benefit.
Who is meant by "Child" in this law?
According to this law, any person who is below the age of 16 years will be called a child.
What is meant by the term "Corrective Institution"?
According to this law, an institution created for the detention and correction of persons who are in need of correction is called a reformatory. Undertrial prisoners are also kept here.
Who is called a 'Major' according to this law?
Any person who is over the age of 18 is called a major.
Who is called a 'minor' in this law?
A person who is above the age of 16 and below the age of 18 is called a minor.
What is meant by the term 'prostitution'?
Engaging in sexual harassment or sexual exploitation on a commercial basis is called prostitution, and the person engaged in this is called a prostitute.
What is called a 'Protective Home'?
An institution created under this Act, where persons in need of care and protection are kept, and where the care and protection of trained persons is available for them, is called a safe house. Undertrial prisoners are not kept here. It is different from a reformatory.
Is there any punishment for a person who runs a brothel or allows a brothel to be run in their home?
Yes, any person who runs or helps to run a brothel shall, on first conviction, be punished with rigorous imprisonment for a term which may extend to 1 to 3 years and a fine which may extend to Rs. 2,000. On second or subsequent conviction, the punishment shall be imprisonment for a term which may extend to 2 to 5 years and a fine which may extend to Rs. 2,000.
If the house or place where a brothel is run is taken from someone by way of a lease or agreement as mentioned above, then will the said lease or agreement remain in force even if the person running the brothel is punished?
Any place used as a brothel, when a person is convicted under this Act and punished for it, then all leases or agreements made in respect of that house or place shall become void from that date.
Will a person who relies on the money earned through prostitution be punished under this law?
Any person over the age of 18 who knowingly relies wholly or partly on the proceeds of prostitution of any person shall be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to 1000 rupees or with both. It is to be noted that if the proceeds of prostitution are used to earn a living by using a child or minor, then the person relying on such proceeds shall be punished with imprisonment for a term which may extend to 7 to 10 years.
If a person recruits people for prostitution, who does he recruit for prostitution—what punishment will he receive?
If any person procures or induces or procures any person to engage in prostitution, he shall, on conviction, be punished with rigorous imprisonment for a term which may extend to 3 years and a fine which may extend to 2000 rupees.
If any person engages any person against his will in this profession, the imprisonment may extend to 14 years instead of 7 years.
Provided that, if any person engages any child in this profession, that person shall be punished with rigorous imprisonment for a term which may extend to 7 years and may extend to imprisonment for life.
If any person engages any minor in this profession, he shall be punished with rigorous imprisonment for a term which may extend to 14 years.
Where will this case be heard?
The case will be tried in the court of the concerned Divisional Magistrate of the place from where the person was taken for this occupation or in the court of the Divisional Magistrate of the place to which he was taken.
What punishment will be given to a person who, whether willingly or against his will, forces another person to have sexual intercourse with a person who is not his own wife or husband, by keeping him in a brothel?
Whoever, whether against his will or against his will, forces another person to have sexual intercourse with a person other than his wife or husband, shall be punished with imprisonment for a term which may extend to 7 years or with imprisonment for a term which may extend to 10 years and with fine.
The court may, if it deems fit, award a lesser sentence of 7 years on the ground of sufficient cause and in exceptional circumstances; but the reasons for this shall be recorded.
If a child or minor is rescued from a brothel, will they be considered a victim of sexual abuse?
If a child is rescued from a brothel with any person, then until such person proves himself guilty, he shall be deemed to have sexually abused the said child and shall be punished as aforesaid.
If medical examination proves that the rescued child or minor was a victim of sexual abuse, then until such time as the crime is proved, it shall be presumed that she was kept there for prostitution and was sexually abused for money.
If a person keeps a woman or girl in a brothel or any other place and forces the woman or girl to have sexual intercourse with a man who is not her husband, and keeps some of her things with him or gives her something for this purpose in order to keep her, can he later file a case against the woman or girl to get back the said things?
If any person restrains a woman or girl and forces another person, who is not the husband of the said woman or girl, to have sexual intercourse with her and in order to force him, keeps any jewellery or money or any other property of the said woman or girl in his possession or threatens to file a case against him if he does not return any jewellery or money or property given to the said woman or girl for that purpose. It is hereby declared that no case in this regard shall be entertained.
If a person engages in prostitution in a public place, what punishment will he be given?
If any person engages in prostitution in any public place or any place intended for the public, within 200 meters of any religious institution, educational institution, hostel, hospital, nursing home or any other public place, he shall be punished with imprisonment for a term which may extend to 3 months and if he has used any child or minor for such prostitution, the person concerned shall be punished with imprisonment for a term which may extend to 7 years or life or 10 years with fine.
However, if there is sufficient reason, the court concerned may, after recording the said reason, award a punishment which may be less than 7 years.
What punishment will be meted out to a person who is responsible for the maintenance of a public place or is responsible for the above institutions or is its owner and knowingly allows the relevant place or some place to be used for prostitution or is himself involved in it?
The person concerned shall be punished with imprisonment for a term which may extend to 3 months or with fine which may extend to Rs. 200,000 or with both. If he commits the same offence for the second time, then this imprisonment may extend to 6 months and may also extend to a fine which may extend to Rs. 200,000. If the public place is a hotel, then the license of the said hotel shall be suspended for a period which may extend to 3 months to 1 year.
However, if the offence is committed against a child or minor in the said hotel, then the license of the said hotel shall be cancelled.
What punishment will be given to a person who entices another person to satisfy his sexual desire or invites him to have sex in a public place and commits prostitution?
If any person, with the intention of prostitution, entices another person to gratify his sexual desire or invites him to have sex in a public place, such as by his words, gestures, indecent dress, or attempts to entice another person to have sex in a public place, he shall, on first conviction, be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to 500 rupees or with both. On second or subsequent convictions, the punishment shall be imprisonment for a term which may extend to 1 year and with fine which may extend to 500 rupees.
If a person tempts a person under his responsibility or subordinate to commit prostitution, what punishment will he be punished with?
If any person, being a superior officer of a person in his charge or a superior officer of a person in his charge, abuses his position and induces a person under him to commit prostitution, he shall, on conviction, be punished with imprisonment for a term which may extend to 7 years or with imprisonment for a term which may extend to 10 years and with fine.
However, if there is sufficient reason to show cause, the court may, after recording the reason, sentence the offender to imprisonment for a term which may extend to 7 years.
If a woman is convicted of the crime of prostitution or sexual solicitation in a public place, can the court send her to a reformatory instead of jail?
If a woman is found guilty of the crime of prostitution or sexual solicitation in a public place, the court may, in lieu of imprisonment, order her to be committed to a reformatory institution for a period not If a woman is found guilty of the offence of prostitution or of the offence of solicitation of a person in a public place, the court may, in lieu of imprisonment, order her to be committed to a reformatory institution for a period not exceeding two years and not exceeding five years, having regard to her character, physical and mental condition and the circumstances surrounding her conviction.
Provided that, before making such an order, the court shall give the offender an opportunity to present his views and, if he has applied to the court for treatment in a reformatory institution, shall consider it.
The court shall also record in its order the reasons for sending the said offender to a reformatory institution.two years and not exceeding five years, taking into account her character, physical and mental condition and the circumstances surrounding her.
Is there any provision for the above offenses sent to the correctional institution to be released from there before 2 years?
The State Government or the officer designated by the said institution may, after six months of his stay in the said correctional institution, if he is satisfied that the offender will lead a useful and productive life in the society, discharge the said person from the correctional institution with or without any restrictions by filling up the prescribed form for this purpose.
Who will investigate these crimes under the law?
The State Government shall appoint a Special Police Officer of the rank of Inspector or above for each designated area to investigate the offences referred to in this Act. The Special Police Officer shall be assisted in the discharge of his duties by such number of subordinate police officers and, if necessary, by women police officers.
The State Government shall, if necessary, constitute an informal advisory committee of five eminent social workers along with the Special Police Officer to make necessary recommendations for the proper implementation of this Act. Wherever possible, eminent women social workers may also be included in this committee of five.
The Special Police Officers appointed by the Central Government to investigate offences of sexual harassment in several States are authorized to exercise all the powers conferred on Special Police Officers for the purpose of investigation throughout the country.
Are the offences under this Act considered as cognizable offences?
The offences punishable under this Act are deemed to be cognizable offences, so that the offender can be arrested without a warrant.
But an arrest without a warrant can only be made by a special police officer appointed for that purpose, himself or on his orders. If a special police officer has given a written order to another sub-police officer to arrest without a warrant, in which the particulars of the offender and the particulars of the offence are mentioned, then the said officer may arrest the offender by giving the full particulars of the order or by showing the said order to the offender.
Can a police officer employed by a Special Police Officer, if necessary, arrest a criminal without a written order from the Special Police Officer?
If a police officer (not below the rank of Sub-Inspector) engaged by a Special Police Officer, during investigation, finds that there is a risk of the offender escaping or destroying any important information while arresting him on the written order of the Special Police Officer, the said officer may arrest the offender before issuing the written order. But in such case, the said police officer shall, as soon as possible after making the arrest, report the reasons and circumstances thereof to the Special Police Officer.
Can a Special Police Officer or any police officer employed by him enter any place or house without a warrant to search or investigate on suspicion of any offence under this Act?
When a special police officer appointed under this Act or any police officer employed by him, having reasonable cause to believe that an offence under this Act is being committed or has been committed in any place or house and is afraid that he will be delayed in waiting for a warrant for the search, he may enter the place or house without a warrant, recording the reasons for the delay.
Provided that, before entering the place or house for the purpose of such search or investigation, the said police officer shall call two or more respectable residents of the locality (at least one of whom shall be a woman) as witnesses to the search and shall give them written instructions in this behalf.
In the presence of the witnesses, the said police officer shall remove all persons present in the suspected place or house and produce them before the appropriate Magistrate.
Is there any provision for deploying female police officers in this investigation?
: At least two women police officers must be present in the investigating police team while going for this investigation and there is a provision for the above-mentioned women police officers to interrogate the women or girls caught from the spot. If there is no woman police officer in the investigation team, then the male police officer will interrogate the concerned women or girls caught in the presence of a woman member of any public welfare organization recognized by the government.
What is done after the officers arrested in the above investigation are presented before the magistrate?
The officers arrested in the above investigations, after being produced before the magistrate, are sent to a recognized doctor for their medical examination, which will determine their age, the injuries sustained on their bodies due to sexual assault or harassment, and whether they are suffering from any sexually transmitted diseases.
What action can a magistrate take if he receives information that prostitution is rampant in a place?
If any Magistrate receives information from the police or any person appointed in that behalf by the State Government that any person is breeding prostitutes or running a brothel in any place, he may order a police officer of the rank of Sub-Inspector to proceed to the said brothel and bring the persons rescued from there and present themselves before him.
What should be done if the Special Police Officer or the police officer deployed by the Magistrate is unable to produce the rescued persons immediately before the appropriate Magistrate for any reason?
He shall produce the said persons before any Magistrate of the nearest ‘B’ class Judicial Division and the said Magistrate may make necessary orders for their safe custody till they are produced before the appropriate Magistrate. Provided that no person shall be so detained for more than 10 days. During this period the said person shall be produced before the appropriate Magistrate.
What does the appropriate magistrate do for these individuals after they appear before him?
The Magistrate gives them an opportunity to present their case. He examines them and verifies the truth of the information obtained. He inquires into their age, character, whether they have been convicted of any other offence before, whether their parents, guardians or husbands are able or willing to take care of them and what will be their condition if they are sent to their home.
The Magistrate may also assign the responsibility of a probation officer to look into these matters, who will make a thorough inquiry into these matters and will also see whether there is any hope of rehabilitation of the person.
The Magistrate also, taking into account all the above aspects, orders the person accordingly, keeping in view the safety of the person. However, if the rescued person is a child or a minor, the Magistrate may order the child to be placed in a child protection institution recognized by the State Government.
If a magistrate orders a rescued person to be kept in a shelter or other similar place, for how long can the person be kept there?
If the Magistrate, after due investigation, finds the information received to be true and considers that the person is in need of care and protection, he may order the person to be kept in a shelter home or similar place for a period of one to three years and shall record in writing the reason for the sending.
Can this order of the magistrate be appealed?
There is a provision for an appeal against the order of the Magistrate to the District and Sessions Judges' Courts. The order given by the District and Sessions Judges in the appeal shall be the final order in the case.
What should the Magistrate do if he receives information from the police or other sources that prostitution is taking place in any house, room, place or any part of such place within 200 meters of any public place?
The owner of the house or premises or the person who has taken the lease or under whom the said premises are kept shall be given notice and shall be given time to file a reply within 7 days as to why the said premises should not be occupied in accordance with the law for the wrongful acts being committed there. If after hearing the said person the Magistrate is satisfied that the said premises are being illegally occupied, then he shall order the said premises to be vacated within 7 days. If any person has been convicted of a charge of prostitution within 200 meters of a public place, then he need not be given any further show cause notice before vacating the said premises. No appeal shall lie against this occupation order passed by the Magistrate.
What happens if the convicted person is acquitted on appeal by proving that there was no prostitution at the relevant premises?
In that case, the order given by the Magistrate regarding the lawful occupation of the said house or place will also be changed.
Can a person who is engaged in prostitution or who practices this profession apply for the care and protection of the court in a safe house?
An application can be made to the local magistrate. The magistrate may also, before conducting an investigation, consider the circumstances of the case and order the person to be kept in a safe house. Then the magistrate, after hearing the applicant and making a thorough investigation of the case and considering the personality, home conditions and the prospects of reform of the person, if his application is found to be acceptable, may order the person to be kept in the care of some person in a reformatory or safe house. The person shall remain there for such period as the magistrate directs.
What should a magistrate do if he receives information that a prostitute is living in a place under his jurisdiction or that a prostitute is frequently visiting a place under his jurisdiction?
The said Magistrate shall first record the information received by him and then send a show cause notice to the person concerned seeking an answer as to why he should not be removed from the said place or why he should not be prohibited from going to the place he frequents. A copy of the information recorded shall be annexed to the said notice. Thereafter, the Magistrate shall, after thoroughly investigating the information received and after hearing the person concerned and ascertaining the truth of the information, after keeping in view the public interest, direct the person concerned to leave the said place within 7 days or, if the person is frequenting any place, to prohibit him from going to that place.
If the person concerned disobeys the order of the Magistrate, he shall be punishable with a fine which may extend to Rs. 200 and even then, if he does not leave the said place, he shall be liable to a fine of Rs. 20 for every day thereafter.
Who builds the 'safe houses' provided for in this law?
The State Government shall establish shelters and correctional institutions in various parts of the State as required by this Act and shall operate them in accordance with the law.
After the coming into force of this Act, if any person or institution applies to the State Government in the proper form to establish a shelter or correctional institution, the State Government, after making due inquiry, shall, if it deems fit, grant a licence to the said institution and the person or institution may establish a shelter or correctional institution and operate it in accordance with the law. Wherever possible, it is preferable that a woman should be in charge of the management of the said shelter or correctional institution.
If the said institution contravenes the provisions of the State Government, the State Government may, after giving the said institution an opportunity to be heard, revoke its licence, if necessary.
Whoever establishes a correctional institution or shelter in its own name without establishing a shelter or correctional institution as provided in this Act shall, on the first conviction, be punished with fine which may extend to Rs. 1000 and on the second and subsequent convictions, with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 2000 or with both.
Does the court have any jurisdiction over a person or organization that has been granted a license to operate a shelter or correctional facility?
The court may order individuals or organizations that are licensed to operate correctional institutions or shelters to produce the documents of such organizations for inspection in court at any time.
In which court will the offences covered by this Act be tried?
Offences under this Act shall be tried in the courts of a Metropolitan Magistrate or a Magistrate of the First Class. If necessary, the State Government may, in consultation with the High Court, by notification in the Gazette, establish one or more Magistrates of the First Class or Metropolitan Magistrates in a district for the speedy trial of cases under this Act.
Does the Central Government have the power to set up special courts under this law?
The Central Government may also, if necessary, in consultation with the High Court of the said State and by notification in the Gazette, establish one or more First Class Judicial Divisional Magistrate Courts or Metropolitan Magistrate Courts for the speedy trial of cases under this Act.
How is the beer in this case made?
For the speedy trial of these cases, a summary trial is held on the basis of the gist of the case. This is called a summary trial.
In these cases, only those offences for which a person is liable to imprisonment for a term of one year if convicted will be tried in a summary trial.
If during the trial, the Magistrate finds that the offence is likely to be punishable by imprisonment for a term of more than one year or for any other reason, summary trial is not appropriate, then he shall, after hearing the parties and recording the reasons, set the case for a full trial.
After hearing the parties and recording the reasons, set the case for a full trial.
Who will make the rules for the implementation of this law?
For the proper administration of this law, the state government makes various rules and regulations from time to time by publishing them in the gazette.
When was the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Eradication) Act, 2013 passed?
The Ministry of Law and Justice, Government of India, gave its approval to this Act on 22.04.2013. Its regulations were approved on 0.9.12. 2013.
What is the purpose of this law?
This Act –
To provide protection against sexual harassment at work
To prevent or suppress sexual harassment at work
To address complaints of sexual harassment
What is sexual harassment?
Section (2) of the Act defines it as –
Attempting to touch the body against one’s will.
Requesting sexual intercourse.
Making sexual remarks or obscene comments.
Showing obscene photographs.
Any physical, verbal or symbolic conduct which is of a sexual nature and is likely to cause discomfort to the other party.
Section 3(2) further states that if the following circumstances arise or the conduct or conduct constitutes sexual harassment, it shall be considered sexual harassment, such as –
Promise to be more careful at work
Fearful or threatening behaviour at work
Threat to current or future employment at work
Preventing future employment at work or creating an indecent situation
Insulting physical illness or safety through indecent behaviour,
Who is a victimized woman according to the law?
According to Section (2A) of this Act, aggrieved or aggrieved woman means –
A woman connected with a workplace, irrespective of her age and whether she is employed or not, if she alleges that she has been subjected to sexual harassment by the respondent.
A woman connected with a dwelling or house, irrespective of her age, if she is employed in the dwelling or house concerned.
What does opponent mean?
Respondent means the person against whom the aggrieved woman has filed a complaint under Section (23) of the Act.
What does it mean to be legally employed?
As per Section (2) of the Act, the following environments are included in the scope of workplace, namely:-
Any department, organization, enterprise, company, institution, office, branch or unit established, owned, controlled or directly or indirectly financed by the appropriate Government, local authority, government company or corporation or cooperative society.
Any private sector organization or private enterprise, enterprise, commercial enterprise, institution, establishment, society, trust, private organization, unit or service provider engaged in the provision of commercial, industrial, professional, educational, entertainment related, industrial or health services or in the field of financial activities including production, supply, sale, distribution or provision of services.
Hospitals and Nursing Homes
Any sports facility, stadium, sports complex or competition or sports ground, whether residential or not, used for training, sports or any other ancillary activities.
Transportation provided by the employer for the purpose of travel to and from the place where the employee concerned may have travelled due to the necessity of carrying out his work or in the process of doing so.
A dwelling or a house
Who is an employee or what does employee mean?
According to Section (2(g)) of the Act, employee means a person who is employed, whether directly or indirectly, in a workplace, whether on a regular, temporary or daily wage basis, whether for remuneration or not, voluntarily or otherwise, whether directly or indirectly, whether through any agency including a contractor, and includes a co-worker, contract worker, apprentice, trainee or apprentice or any other person by whatever name he may be known.
Who is the employer and what does employer mean?
Section (2G(j)) of the Act means employer – a) in the case of a department, organization, enterprise, establishment, establishment, business enterprise, institution, office, branch or unit of the concerned Government or local authority, the head of the branch or unit of the concerned Government or local authority or such officer as the concerned Government or local authority may have specified by order issued in this behalf.
What are the obligations of an employer?
As per the Act (Section 19), every employer shall-
create a work-friendly environment at the workplace, which shall include protection from persons coming into contact with the workplace;
display the statutory provisions on punishment for sexual harassment and the order regarding the constitution of an internal committee under sub-section (1) of Section 4 in a conspicuous place at the workplace;
organise workshops and awareness programmes at regular intervals in a manner that will be conducive to sensitising the employees on the provisions of the law and to changing the attitude of the members of the internal committee;
provide necessary facilities to the internal committee or local committee to take action on a complaint and conduct an investigation;
Assist in ensuring the appearance of witnesses and witnesses before the Internal Committee or the Local Committee:
Provide the Internal Committee or the Local Committee with such information as it may require in respect of a complaint filed under sub-section (1) of Section 9;
Provide assistance if a woman wishes to file a complaint for an offence under the Indian Penal Code or any other law for the time being in force:
If the perpetrator of the sexual harassment is not an employee of the workplace where the incident of sexual harassment occurred, the aggrieved woman may, at her option, initiate action against the perpetrator under the Indian Penal Code or any law for the time being in force;
Initiate action against a misconduct under the employment rules for sexual harassment:
Monitor the timely submission of reports to the Internal Committee;
What does a proper government mean?
A workplace or establishment is meaningful if it is established, owned, controlled or directly or indirectly by:
By the Central Government or a Central Government in that case
By the State Government in that case (b) Any other workplace not included in clause (1) but situated within the territory of a particular State in that case the State Government concerned.
Definition of unorganized sector?
As per Section 2(1) of the Act, the unorganized sector in the context of a workplace means a business enterprise which is owned by individuals or self-employed workers and which is engaged in the production or sale of any goods or the provision of any services and where the number of workers employed by the enterprise concerned is less than ten.
Who is a domestic worker or what is the definition of a domestic worker?
section (2B) of the Act means a woman who is employed for domestic work on a temporary, permanent, occasional or survey basis, either directly or through an agency, for remuneration in the form of money or advance, but is not a member of the family of the full employer.
What is an Internal Complaints Committee?
According to Section 4(1) of this Act, in every workplace, their employer shall constitute a committee in writing which shall be considered as an Internal Grievance Committee.
Where will the Internal Complaints Committee be established?
An Internal Grievance Committee shall be set up at every workplace. This Internal Grievance Committee shall be set up at every administrative office and city corporation level as per sub-section (1) of section (4) at the place where the workplace is located.
Who will be the members of this internal committee?
As per sub-section (2) a, b and c of section 4 of this Act, the Internal Complaints Committee shall be constituted with the following members:
Chairperson: (1) A senior employee of the workplace who shall be a woman.
Members: At least (2) - These shall be selected from among the employees who are well-versed in the issue of sexual harassment of women.
At least half of the total number of members shall be women.
How long is the term of office of the members?
According to Section 4(3) of this Act, the term of office of the presiding officer and each member of the Internal Committee shall not exceed three years from the date of their nomination.
Which members of the internal committee will be paid their salaries or allowances, how much, and why?
As per sub-section (4) of section (4) of this Act, the members who are employed by private bodies shall be subject to the determination of their salary or allowances subject to the internal grievance redressal. As per section 3 of this Act and the rules, members employed by private bodies shall be entitled to a daily allowance of Rs. 200,000. Travelling expenses shall be reimbursed on the basis of third class air-conditioned train or bus and auto-rickshaw or any other mode of transport, whichever is less.
Which person in particular would be considered knowledgeable about the issue of sexual harassment?
This person should have 5 years of experience in social work, who should be able to empower women to report sexual harassment at work or be aware of this issue under Section 4. This person should be knowledgeable in labor, employment, civil, criminal law.
As per the above description, which person is responsible for payment of wages and allowances to the members?
As per Section 3 of the provisions of this Act, the employer is responsible for the wages and allowances paid to the members.
Who is the District Officer?
As per Section 5 of this Act, the District Collector or Deputy District Collector of every district is the District Officer. In Odisha, as per the notification No. 23399 dated 7 December 2016 of the Women and Child Development Department, every District Collector has been declared as the District Officer for that district.
What are the powers and duties of district officers?
According to Section 20 of the Act, it is the duty of the District Officer to verify the written reports submitted by the Local Grievance Committees from time to time and, where necessary, with the help of private agencies, to make women aware of their rights in cases of sexual harassment.
What is a local internal committee?
As per sub-section (1) of section (6) of this Act, the committee formed at the district level is called Local Internal Committee.
Who will form this local internal committee?
As per Section 6(1) of this Act, the District Magistrate shall constitute this Local Internal Committee.
What are the functions of the local internal committee?
According to Section 6(1) of the Act, in workplaces where there are less than 10 employees and an internal grievance committee has not been constituted, the local internal committee shall receive complaints regarding sexual harassment of women at the workplace.
What is the jurisdiction of the Local Grievance Committee?
The jurisdiction of the Local Grievance Committee extends to the district in which it is situated.
Who are the members of the Local Grievance Committee?
The Local Grievance Committee shall be constituted with the following members/members.
Chairperson - (1) A woman who is a renowned social worker and committed to the welfare of women
Members - (1) A woman selected from among the women working in the block, taluk or tehsil or ward or municipality.
Members - Two well-known persons selected from private organizations or associations committed to the work of women or working on issues related to sexual harassment.
At least one of the two members shall be a woman
At least one of the two members shall have a legal background or knowledge of law.
At least one of the two members shall be a woman belonging to the Scheduled Castes or Scheduled Tribes or Other Backward Classes or Minority Communities.
Government Member, concerned officer working in the field of social welfare or women and child development in the State.
What is the tenure of the Local Grievance Committee?
The term of office of the Chairperson or all the members of the Local Grievance Committee shall not exceed three years from the date of their election. (Section 7(2) of the Act).
Who is the nodal officer?
The District Magistrate will appoint a Nodal Officer in each block, taluk and tehsil for rural or tribal areas and in the ward or municipality for urban areas.
What is the function of a nodal officer?
The Nodal Officer shall receive the complaints and forward them to the concerned Local Grievance Committee within 7 days. (Section 6(2))
Which members of the Local Grievance Committee will be paid a fee or rent, why and how much?
The Chairperson and members other than the members elected from the block, taluk or tehsil or ward or municipality or the officers working in the social welfare shall receive fees or allowances. (Section 7(4) of the Act) Section 5 of the Act states that the Chairperson of the local committee shall be entitled to Rs. 250 per day for participating in the proceedings of the committee and the members other than the members elected from the block, taluk or tehsil or ward or municipality or the officers working in the social welfare shall be entitled to Rs. 200 per day.
The third member shall be reimbursed for the expenses incurred for travel by air-conditioned train, bus or auto-rickshaw or taxi (hired vehicle) or the actual expenses incurred by him during the visit, whichever is less.
Who will provide money to the Local Grievance Committee?
The district officer will be responsible for paying the allowance.
How to make a complaint?
Any aggrieved woman shall file a written complaint to the Internal Committee/Local Committee within 3 months of the incident.
If the said woman is unable to write, the Resident Officer of the Internal Committee. The Chairperson/any member or any member of the Local Committee shall bear all the responsibility of assisting her. (Section 9(1))
What action will the Internal Grievance Committee or Local Grievance Committee take after receiving the grievance letter?
On receipt of the complaint, the Internal Committee or the Local Grievance Committee shall order an inquiry into the complaint in accordance with the Service Act applicable to the respondent (the respondent) or, where no such Service Act is available, under the Act made under the said Act (Section 11(1)).
Option (b) The Internal Committee or the Local Committee may refer the complaint to the Police.
What should be done where both parties are employees (of the same workplace)?
Where both parties are employees, the parties shall be given an opportunity to be heard during the investigation and a copy of the minutes shall be provided to the parties so that they may appeal against the said minutes before the Committee.
What are the powers of the internal committee or local committee?
The Internal Committee or Local Grievance Committee shall have the same powers as are conferred on a Civil Court under the Civil Procedure Act, 1908, to continue a case in respect of the following matters: (Section 11(3) of the Act)
To issue summons to any person and to compel his attendance and to examine him on oath.
To require the production or production of any paper or document.
Any other matter as may be assigned.
When can an internal committee or local committee refer a complaint to the police?
The Internal Committee or the Local Committee shall, within 7 days, refer the case to the police for registration under Section 509 of the Indian Penal Code and other relevant provisions of the Indian Penal Code. In cases where the terms of the settlement agreement are not complied with and the aggrieved woman informs the Internal Committee or the Local Committee about the same, the Internal Committee or the Local Committee may conduct an investigation or refer the complaint to the police.
Can the three (3) month period be extended?
The period of the internal committee and the local committee may be extended (but not more than 3 months) if it is found that the circumstances were such as to prevent the aggrieved woman from filing the complaint within this period. (Section 9(1) of the said Rules).
Can anyone else file a complaint under this section?
If the victim is mentally or physically incapable of filing a complaint, her legal heir or any other person of her choice may do so (Section 9(2) of this Act).
What are the opportunities and requirements for reconciliation?
Before conducting the investigation, the Internal Committee (IC) or the Local Committee (LC) may, on the request of the victim, attempt to reach a settlement between the parties. However, no monetary settlement shall be made (Section 10(1) of this Rule). When a settlement is reached through the Internal Committee (IC) or the Local Committee (LC), the settlement shall be recorded and forwarded to the District Officer or the appointing authority for specific action (Section 10(2) of this Rule). The Internal Committee or the Local Committee shall provide a copy of the settlement to the victim and the respondent (Sub-Section 10(3) of this Rule).
Can the investigation be re-conducted after the settlement?
Once the matter has been resolved, the Internal Committee or the Local Committee shall not re-investigate it (sub-section 10(4) of this section). However, if the aggrieved woman informs the Internal Committee (IC) or the Local Committee (LC) that the respondent has not complied with any of the provisions of the resolution; the Internal Committee or the Local Committee may re-investigate it or refer the complaint to the Ombudsman (sub-section 11(1) of this section).
What is the investigation period?
The investigation must be completed within 90 days (subsection 11(4) of this section)!
What recommendations can the Internal Committee (IC) or Local Committee (LC) make to the employer while the investigation is ongoing?
While the investigation is being conducted by the Internal Committee or the Local Grievance Committee, the Internal Committee or the Local Committee shall, on the written request of the aggrieved woman, make the following recommendations to the employer. (Sub-section 12(1) of this section)
To send the aggrieved woman or respondent to another place of work or
To grant the aggrieved woman leave for a period of 3 months or
To grant the aggrieved woman such other facilities as may be prescribed by this section or
To grant the aggrieved woman leave in addition to the leave to which she is entitled.
What should the Internal Committee (IC) and Local Committee (LC) do after the investigation is completed?
Within 10 days of the completion of the investigation, the Internal Committee (IC) or Local Committee (LC) shall send the investigation report to the employer or the District Officer with full details of the investigation and shall also provide such details to the parties concerned. (Sub-section 13(1) of this section).
What recommendations can the internal committee or local committee make to the employer or district officer after completing the investigation?
option 1: If the Internal Committee or Local Committee after the investigation concludes that the allegation against the respondent is not substantiated; it may recommend to the employer or the District Officer not to take any action (Section 13(2) of this Rule)
Option 2: If the Internal Committee or Local Committee concludes that the allegation against the respondent is substantiated, it shall inform the employer or the District Officer as follows:
For taking action against the respondent for contempt and sexual harassment in terms of employment or where such employment is not made.
If the employer is unable to deduct from the salary of the respondent due to prolonged absence or termination of employment; the Internal Committee or Local Committee may direct the respondent to pay the amount to the victim.
If the respondent fails to pay this amount, the Internal Grievance Committee or the Local Grievance Committee may send the remaining amount to the concerned District Officer for payment of land rent.
Option 3: If the Internal Grievance Committee or the Local Grievance Committee comes to the conclusion that the allegation made by the victim against the respondent is intentional or malicious or that any other person has knowingly made a false complaint or that the victim woman or any other person has furnished forged or unsubstantiated documents, then the woman concerned or the person who has made the complaint may recommend the employer or the District Officer for action against him (Section 14(1) of this Act).
Having come to the conclusion that the allegations against the respondent were intentional, what should the internal committee or local committee do?
If the Internal Complaints Committee or the Local Complaints Committee comes to the conclusion that the complaint made by the victim against the respondent is intentional or the victim or any other person knowingly makes false complaint or the victim woman or any other person provides forged or unsubstantiated documents, then the woman concerned or the person who made the complaint may recommend to the employer or the District Officer for action against him (Section 14(1) of this Act).
Having come to the conclusion that the witness has given false evidence, what should the internal committee or local committee do?
If the internal committee or local committee comes to the conclusion that the witness has given false evidence or has furnished forged or unauthenticated documents, it may recommend action against the witness by his employer or the District Officer in accordance with the employment regulations or such other rules as may be prescribed (Section 14(2) of the Act).
Can the internal committee or local committee recommend the amount of ex-gratia to be given to the victims? If yes, then who can give it in what form and how much?
If the internal committee or local committee concludes that the allegations against the respondent are substantiated, the employer and the district officer shall deduct the amount from the salary or wages of the respondent and pay it to the victim or his/her dependents. If the employer is unable to deduct the amount from the salary of the respondent due to his/her absence or force majeure, the internal committee or local committee may direct the respondent to pay the amount to the employer. If the respondent fails to pay this amount, the District Magistrate may direct the District Magistrate concerned to recover the amount as arrears (Section 13(3) of these Rules).
As per Section 15 of these Rules, the following factors shall be taken into account for payment of compensation to the aggrieved woman:
Mental injury, hardship, pain and emotional distress suffered by the aggrieved woman.
Physical and mental treatment of the victim due to the sudden loss.
Employment and financial status of the depositor.
Possibilities of such lump sum and installment payments.
Should the contents of the complaint or the results of the investigation be made public?
The content of the complaint, the address of the complainant, the statements of the accused or witnesses and the details of the investigation of the committee involved, the approval and the decisions taken by the authority or district level officer should not be made known to the public, newspapers or television. However, some details may be disclosed in order to ensure justice by concealing the name and address of the victim.
What are the penalties for disclosing details of the complaint or investigation?
If any person violates the said provision as per Section 16 of the Rules, the said person shall be liable to punishment as per the provisions of the Service Rules or in case there is no provision in the Service Rules, then action shall be taken as per Section 17 of the Rules.
What are the procedures for filing an objection?
Any person aggrieved by the said written conditions may approach the court/tribunal as per the procedure prescribed under section 18(1) of the Act.
Deadline for objection?
As per Section 18(2) of the Act, an objection can be filed within 90 days.
What is the structure of annual growth?
The IC/LC shall prepare an annual statement every year and submit it to the Authority and the District Officer (Section 21(1)). The form and time of submission shall be specified. The District Officer shall prepare a summary statement on the annual statement and submit it to the State Government.
What should be the content of the annual statement?
According to Article 22, the authority will include in its report the number of complaints filed and the number of decisions made.
What is the structure of criticism?
The government will verify the registration of complaints and the details of the decision.
What measures should the government take to promote this rule?
The government should provide relevant information, education, communication and training materials in this regard and conduct awareness camps.
Training program will be arranged for the members of the LC in this regard (Section-24)
What are the powers of the government under this Act?
In the interest of the public and the interest of women employees at work, the government may call any employer or district officer and ask for this information in writing. It may also assign the responsibility of collecting confidential information in relation to the said sexual harassment case to any senior officer.
What kind of punishment is there for not following the provisions of this sub-rule?
As per sub-section (1) of section 4, if the LC is not constituted in the office, the employer does not accept the work process under sections 13, 14, 22, violates or attempts to violate any other provision or does not comply with section 26(1) in this regard, then the employer shall be liable to punishment with fine which may extend to Tk. 50,000. If any employer has been previously convicted for the same offence and is again convicted for the same offence, then the punishment as per law (for the first time) shall be doubled; but if the punishment is more severe under any other law in which the offence is committed, the Hon'ble Court shall inquire into the matter and pass sentence under the law of the said offence (section 26(2)(1)).
According to the said section, if any employer has been convicted and imprisoned before and is convicted and imprisoned again for the same offence, then his registration, license obtained by/from the Government or local authority under section 26(2)(2) may be cancelled or revoked or not renewed.
When does the Honorable Court investigate the crime?
The Hon'ble Court shall inquire into the complaint of any aggrieved woman or any person who has been informed by IC/LC under Section 27(1) and shall try the case for punishment under this section by at least a Metropolitan Magistrate or a Judicial Magistrate of the First Class.
Not all offences under this section are cognizable under the Act.
What is the purpose of the Legal Services Authority Act?
India is a sovereign democratic republic. Our Constitution has provided equal opportunities to every citizen. More than half of the people of our country live below the poverty line. They do not have the financial resources or legal awareness to get justice for them. To provide them with the protection of the law, the Central Government enacted the Legal Services Right Act for the first time in 1987. The purpose of this Act is to provide real justice to the economically weaker and other disabled people of our society who are deprived of access to justice by providing them with proper legal services.
What is meant by the term State Legal Services Authority?
Section 6 of the Legal Services Authority Act, 1987 provides for the State Legal Services Authority. Every State Government shall constitute a State Legal Services Authority in its State and exercise all the powers and functions conferred on it by the Authority Act.
Who is the State Legal Services Authority formed for?
The Chief Justice of the High Court of the State shall be the Chief Patron of the State Legal Services Authority. The Governor shall, in consultation with the Chief Justice, recommend a serving or retired Judge of the High Court to be the Executive Chairman of the Authority. The State Government shall, in consultation with the Chief Justice, recommend to the Authority any person having relevant qualifications and experience for membership of the Authority. The State Government shall, in consultation with the Chief Justice, appoint a senior judicial officer of the District Judge cadre as the Member Secretary of the Authority. He shall discharge his duties under the Executive Chairman.
Who determines the tenure and other provisions of the Authority Members and Member Secretary?
The term of office and other provisions of the members and member secretary of this authority are determined by the State Government in consultation with the Chief Minister.
Apart from the above members, who else is appointed to this authority?
The State Authority may, with the approval of the State Government, in consultation with the Chief Justice, appoint such number of officers and employees as may be required for the administration of the Authority. The salary and other terms and conditions of service of the said officers and employees shall be fixed by the State Government in consultation with the Chief Justice.
By whom are all the guidelines of the state authority authenticated/certified?
All instructions of the State Authority are authenticated by the Member Secretary or any officer authorized by the Executive Chairman.
What is the function of the State Legal Services Authority?
The State Legal Services Authority implements all the functions and instructions of the Central Authority in the State. Apart from this, the State Authority also performs the following functions.
• Provides legal services to the persons who meet the prescribed criteria for getting free legal services.
• Conducts Lok Adalats.
• Organizes various programs and meetings on legal awareness and free legal services.
• Performs other necessary functions in consultation with the Central Authority.
Who else can the State Authority take help from for the proper management of its affairs?
The State Authority may, for the proper discharge of its functions, take the assistance and co-operation of other State Government agencies, necessary private and voluntary social service organisations, universities and other institutions engaged in providing legal services to the poor and helpless. It may also take the advice of the Central Authority, if necessary.
Is there any provision for providing legal services in the High Court?
The State Legal Services Authority also forms the High Court Legal Service Committee in the High Court.
What is High Court Legal Services Committee?
The High Court Legal Services Committee is constituted with the following members —
• A sitting judge of the High Court is the Chairman of this Committee.
• The Chief Justice appoints/nominates as members of this Committee such persons as may be required by the State Authority as per the rules of the State Authority.
• The Chief Justice appoints as Secretary of this Committee a person as may be required by the State Government as per the experience and qualifications prescribed.
Who determines the tenure and other provisions of the Secretary and members of the High Court Legal Services Committee?
The term of office and remuneration of the Secretary and other members of the High Court Legal Services Committee shall be as per the rules framed by the State Legal Services Authority.
Can this committee appoint any officer or employee to manage its affairs?
Yes, this Committee may, in consultation with the Chief Justice, appoint such officers and employees as may be required by the State Government for the smooth conduct of its work. Their salaries and other benefits shall also be paid in accordance with these rules.
How is the District Legal Services Authority constituted?
The state government, in consultation with the Chief Justice, constitutes a District Legal Services Authority in each district.
Who is this District Legal Services Authority formed for?
The State Government, in consultation with the Chief Justice, shall constitute a District Legal Services Authority consisting of the following members:
• The District Judge of the said district shall be appointed as the Chairman of the Authority.
• The State Government, in consultation with the Chief Justice, shall appoint such persons as may be deemed fit and proper as members of the District Authority.
• The State Authority, in consultation with the Chairman of the District Authority, shall appoint a Magistrate of the rank of Sub-Judge posted in the said district as the Secretary of the District Authority.
The said Secretary shall be under the Chairman of the District Authority and shall exercise all the powers and duties vested in the District Legal Services Committee.
Who determines the tenure and other provisions of the members and secretary of this District Legal Services Authority?
The term of office and other provisions of the members and secretary of the District Legal Services Authority are determined in accordance with the rules of the State Authority in consultation with the Chief Justice.
Can the District Legal Services Authority appoint any officer or employee for the proper management of its affairs?
The District Authority may, for the proper management of its affairs, appoint such officers and employees as may be required by the State Government in consultation with the Chief Justice.
And such employees shall receive their salaries and other benefits in accordance with the rules made by the State Government in consultation with the Chief Justice.
Who authenticates the District Authority guidelines?
The instructions of the District Authority are authenticated by any officer authorized by the Secretary/Chairman.
What are the functions of the District Authority?
All the works assigned by the State Authority are carried out by the District Authority at the district level. Apart from this, the District Authority co-ordinates the works of the Taluka Legal Services Committee and other Legal Services Committees in the district. It organizes district-level Lok Adalats. The District Authority also carries out the works assigned by the State Authority from time to time through the regulations.
Who else in the district authority can you seek cooperation from?
The District Authority may, where necessary for the proper management of its functions, work in cooperation with various government and private organizations, universities and other institutions working to provide legal services to the poor and helpless people and shall discharge its duties as per the instructions issued by the Central and State Authorities from time to time.
Who are eligible or entitled to receive legal services under the Legal Services Authority Act, 1987?
Under Section 12 of the Right to Legal Services Act, the following persons are eligible or entitled to receive legal services:
• Members of Scheduled Castes and Scheduled Tribes,
• A person who is a victim of illegal human trafficking, tax or begging as referred to in Article 23 of the Constitution,
• A woman or a child,
• A person with a disability,
• A person who has been a victim of genocide, human violence, ethnic atrocities, floods, famine, earthquake or industrial disaster,
• A person or a defendant in a case pending in a court subordinate to the Supreme Court whose annual income does not exceed Rs. 9,000/- and in the Supreme Court.
A person or a defendant in a case pending in a court subordinate to the Supreme Court whose annual income does not exceed Rs. 12,000/- are eligible or entitled to receive free legal services under this Act. A person seeking legal aid is required to submit a statement of his/her annual income to the relevant legal aid service provider.
Who can organize a Lok Adalat?
Every State Authority or District Authority or Supreme Court Legal Services Committee or High Court Legal Services Committee or Taluka Legal Services Committee can organize Lok Adalats at different places at fixed intervals.
Which cases are within the purview of Lok Adalat?
Cases pending in various courts can be heard through the Lok Adalat held for the said court. Some cases which have not come before the court but come under the jurisdiction of the Lok Adalat held for the concerned court can also be brought under the purview of the said Lok Adalat. But the cases which are not amenable to compromise as per the law are not brought under the purview of the Lok Adalat.
Which cases can be tried in Lok Adalat?
The following cases falling within the jurisdiction of the concerned Lok Adalat can be tried in the said Lok Adalat?
• If the parties concerned agree to the decision of the case through Lok Adalat,
• Any party has applied for hearing of the case in the Lok Adalat.
If the concerned court, after conducting the preliminary hearing of the case, is of the opinion that the said case can be resolved in the Lok Adalat, then it can send the said case to the Lok Adalat for hearing. But no court can send the said case to the Lok Adalat without hearing both the parties.
What is the purpose of Lok Adalat?
The main objective of Lok Adalat is to resolve any case referred to it expeditiously through amicable settlement.
What happens if a case sent to Lok Adalat cannot be resolved amicably in Lok Adalat?
If a case pending in the Lok Adalat cannot be resolved amicably, then it will be returned to the court and the case will be retried from the stage it was in before it came to the Lok Adalat.
Is the Lok Adalat's verdict final or can it be appealed?
In a case decided by the Lok Adalat, the decision of the Lok Adalat is final and binding on both parties. This decision cannot be appealed.
What are the benefits of hearing cases through Lok Adalat?
• No court fee is payable in any case filed before the Lok Adalat.
• If court fee is paid in any court, then once the case is resolved in the Lok Adalat, the court fee paid earlier is refunded to the parties concerned.
• Fast and expeditious resolution of the case is available through Lok Adalat.
• No costs are imposed on the losing party in the case heard in the Lok Adalat.
• Lok Adalat has all the powers of the Civil Court to compel the attendance of witnesses and production of documents.
• There is a provision to provide reasonable facilities for the hearing to both the parties.
What is meant by a permanent and perpetual people's court?
Apart from organizing Lok Adalats at different places at different times, the Legal Services Authority may, by notification, establish permanent and continuous Lok Adalats at different places. Permanent Lok Adalats may be constituted for a public service or for a number of public services for the purpose of adjudication of cases related to that service.
What is meant by 'Public Service'?
‘Public Services’ means the following services:
• Transport services (both passenger and goods transport).
• These services include road transport, air transport and water transport.
• Postal, telegraph and telephone services.
• Power supply, water and electricity supply.
• Security and sanitation services.
• Insurance services.
• In addition, any service notified by the Central and State Governments which the Government may have accepted as a public utility service.
Which cases can be taken to the permanent and continuous Lok Adalat for hearing?
Any party to a dispute may, before filing a case in a court, apply to the Permanent and Permanent Lok Adalat for amicable settlement of the matter.
However, if the provisions involved in the dispute are not covered by the amicable settlement, then the said dispute cannot be heard in the Permanent Lok Adalat.
Is there any specific threshold for a case to be tried in a permanent and continuous Lok Adalat?
If the value of the property involved in the dispute exceeds Rs. 10 lakhs, the said dispute shall not be adjudicated in a permanent and continuous Lok Adalat.
However, if the Central Government, in consultation with the Central Authority, wishes to increase this limit, it may increase it by notification.
What is cyber crime?
Cybercrime is a crime committed through computers, which refers to all activities carried out in the cyber world. Whether in the traditional sense or in a new way in a changing society, any criminal activity is included in its scope. Due to the rapid development of technology, people are indulging in various types of crimes and are misusing the Internet.
What is the difference between traditional crime and cybercrime?
Evidence of Crime:-
In cybercrime, the crime uses digital or electronic media. There is no need for physical presence. So there is no evidence for cybercrime. But in other crimes other than traditional or cybercrime, the evidence of the criminal is left by fingerprints or any other evidence.
False Identity:-
In cybercrime, since the internet gives the opportunity to hide the identity of the person using it, cybercriminals can use any fake identity for themselves while committing the crime. But in other crimes, it is difficult to hide the gender, race and age of the criminal.
Time limit for investigation:-
Since fake identities and unknown / inaccessible places are used in cybercrime, it takes a long time to find and identify the real cybercriminal. But in other crimes, the criminal usually leaves his identity or evidence through DNA, fingerprints, photos or videos, etc. So the investigation takes less time.
Easy Escape:-
Cybercriminals can use the Constitution to protect themselves from legal action. But in traditional crimes, such protection is not easy to obtain.
Requirement of Force:-
Since the criminals do not need to be face to face with the victim to cause any harm, in cybercrime the criminals do not need to use any force on the victim. But in crimes like rape, murder, arson. House burning, robbery, the criminals use excessive force which causes physical harm and even psychological fear to the victim.
What are the different types of cybercrimes?
The different types of cyber crimes are:-
• (Hacking), Unauthorized use,
• Virus dissemination,
• Logic bombs,
• Denial of service attacks,
• (Deny of service attacks)
• Email bombing and snagging
• Web hacking
• Credit card fraud (ATM theft)
• Software piracy,
What is cybercrime against individuals?
Disseminating nude photos of minors, harassing them through emails and stalking them through cyberspace are cyber crimes against individuals. Nowadays, uploading and distributing obscene material is the most common cyber crime against individuals. Cyber ??crimes can be organized against individuals, property or the government. What types of cyber crimes are organized against women? Some of the organized cyber crimes against women are given below; (Such crimes are not limited to the following crimes.
• Email harassment,
• Cyber ??stalking
• Cyber ??pornography
• Defamation
• Morphing
• Email spoofing
• Email ID hacking
• Facebook account hacking
What is cyber stalking?
Cyberstalking is the repeated harassment or threat to any person through the internet. Cyberstalking is when the perpetrator repeatedly sends unwanted messages to the victim. Generally, women between the ages of 16-37 are victims of cyberstalking. Possible reasons for cyberstalking are:-
• Sexual frustration
• Intense passion for love
• Revenge, power and dominance
• Self-esteem, hatred etc.
What is cyber defamation?
Cyber ??defamation is not a specific punishable offence, misdemeanour or fraud, but rather defamation or slander through electronic means. Cyber ??defamation is committed when a person publishes defamatory or defamatory statements about the victim using a computer and the Internet or when the offender publishes defamatory stories about the victim, which can be read by others. Although there is no specific definition, cyber defamation falls under Section 67 of the Information Technology (IT) Act, which makes publication of obscene material a punishable offence.
What does morphing mean?
When an unauthorized person using a false identity uploads a photo of a patient, edits it in a derogatory/disrespectful manner, and re-uploads it, it is called cyber mugging.
What is meant by email spoofing?
Email spoofing refers to the practice of sending deceptive emails. In which the sender's address and the header of the email are altered in such a way that the email appears to have come from another address. Email spoofing is possible because of the Simple Mail Transfer Protocol (SMT) and can be organized by altering certain attributes of the email, such as the "return path" and "reply to" fields, which falsely identify the sender. This attracts the attention of sections 43 and 66 of the Information Technology (IT) Act 2000 and sections 441, 290, 292 and 509 of the Indian Penal Code, 1860.
What is cyberbullying?
Cyber ??pornography is the use of cyberspace to create, display, distribute, import or publish nude photographs or obscene material, especially photographs of minors engaged in sexual acts with adults. It is a punishable offence. It is a unique phenomenon and is covered by Section 67 of the Information Technology (IT) Act 2000. The offence is punishable under Sections 290, 292, 292A, 293, 295 and 509 of the Indian Penal Code, 1860.
What is mechanical sexual harassment?
Cyber ??sexual harassment occurs between a real person and another person identified through a computer who, out of frustration, posts derogatory stories in obscene language on various social networking sites, especially on pornography sites. It is covered under Section 67 of the IT Act 2009.
What is mechanical false love performance?
The use of electronic communication to intimidate a person by sending threatening messages is called mechanical hoax. It is usually done with the intention of revenge or out of desperation. It is covered under sections 67 to 72 of the IT Act, 2000.
What laws/regulations are in place to prevent physical or cyber violence against women?
The various laws and regulations to prevent cybercrime against women are given below;
• Information Technology Act, 2000
• The Penal Code of 1860
• The Code of Criminal Procedure, 1973
• The Indecent Presentation of Women (Prevention) Act, 1985
Question: Under which section of the Information Technology (IT) Act will cases of cybercrime against women be reported to the police?
Answer: Section 67 of the I. T. Act clearly states that displaying any obscene material in electronic form is a punishable offence in cyberspace.
What do you mean by frustrating me with emails?
Email stalking is a form of stalking that involves sending emails to someone on the Internet under the guise of blackmailing, threatening, and repeatedly sending love letters, or sending embarrassing emails, using an unknown name or a false name to hide the identity of the sender!
Which sections of the IT Act mention cyber violence against women?
: The sections of the IT Act dealing with cyber violence against women are 66A, 66C, 663, 660, 673, 67C and 62.
Which specific sections of the Indian Penal Code deal with gender-based violence against women?
The sections of the Indian Penal Code that deal with cyber violence against women are Sections 292, 292A, 294, 354A, 354C, 354D, 506, 507 and 509.
What are the solutions to cyber violence?
The Information Technology Act, 2000 was enacted to help victims of cyberbullying and it contains some provisions for punishment. Similarly, the Indian Penal Code has also made cyberbullying a punishable offence. Apart from this, the victim can also contact the nearest city cybercrime cell of the police and file a complaint for immediate redressal.
Why do people commit mechanical crimes and prey on women?
By committing crimes through machines or electronics, the criminal can hide his identity and location and can do anything even from a distance of thousands of miles. Therefore, it becomes difficult for the police to trace the crime. Taking advantage of all these advantages, men commit cyber crimes against women, which usually arise out of frustration, failed love, jealousy, etc.
How can the mental state of the patient be described? What are the therapeutic steps that the patient can take?
In this case, the victim feels like he is facing an invisible but powerful attacker. He (male/female) feels scared, angry, anxious, powerless to defend himself. He may even fail to confront his parents, peers and society. In such a situation, the victim should never blame himself. He should talk to his parents and friends about this and take the help of the law to punish the culprit.
What should be done to solve the problem of technological crimes against women?
The crime should first be reported to the Cyber ??Crime Cell, or the individual can contact the Action Fraud Department through a dedicated online portal and telephone the help desk. The Action Fraud Department is the national fraud reporting service and therefore takes responsibility for the police investigation. The individual can also directly contact the nearest police station in this regard.
Who can help?
Many laws have been enacted to curb the increasing crimes against women. Now the society, government, institutions, National Law University, various police stations having women and child desks, police cyber crime cells, legal aid departments of various institutions, State Legal Services, District Legal Services, Taluka Legal Services and NGOs etc. have come forward to help such victims.
Can complaints for crimes against women be registered online?
Yes, Odisha has the facility of online registration of complaints, Odisha State Women Commission and Odisha Police have provided the facility for online registration of complaints. While many states are in the final stages of online registration of crimes, some states have already successfully implemented it.
Can taking photos of women be considered a technical crime?
Yes, taking pictures of a woman is a cyber crime, and watching a woman while she is engaged in intimate acts is also a crime under Section 354 of the Indian Penal Code.
What could be the solutions for the subject of nude photography?
Complaints of individuals regarding nude photography are not adjudicated under Section 69 of the IT (Act) 2000. Individuals may approach a law enforcement agency for registration of such an offence and the agency may indicate reasonable grounds for interim measures in this regard. Alternatively, individuals may approach a competent court in India for redressal.
How is the Mechanical Crime Police Station structured and functioning? Where is it located?
In exercise of the powers conferred by Section 2 of the C.R. CD, the Home Department, Government of Odisha, vide Notification No. 99730/High No. dated 9.06.2014, has declared the Office of the Superintendent of Police, Odisha, CIG, Crime Branch, Cuttack as the Cyber ??Crime Police Station for the whole of Odisha. Its contact numbers are: 0671-2305485, Fax: 0671-2305961, Email: cyberps.cidcb.orpol@nic.in. These offices will function for the registration, investigation and prosecution of any offence under the Information Technology Act 2000 (IT Act 2000) or any other law for the time being in force in the whole of Odisha.
Can cyber crimes be filed in any specific cyber cell?
The Indian Information Technology Act clearly states that when a cyber crime is organized, its scope of operations extends across the world, so it can be filed with any cyber cell.
What is the procedure for filing a cyber crime?
Step 1- While filing the complaint, an application letter will be submitted along with the name, contact address and telephone number of the victim addressed to the Head of Cyber ??Crime Investigation Cell.
What documents are required to file a cyber crime like "hacking"?
• If the victim's website was misused, a mechanical copy of that website and a printed copy.
• If any information on the victim's server or computer is altered, a mechanical copy of the original information and a mechanical copy of the altered information.
Cyber ??stalkers are punished under which section of the Indian Penal Code?
These criminals can be punished under Section 759 of the Indian Penal Code.
What are the penalties for first and second time cybercrimes?
Any cyber crime is punishable by imprisonment for a term of up to 3 years on first conviction and up to 5 years on subsequent convictions. Both offences are punishable by fine.
Is the victim's statement recorded in cybercrime?
The victim's statement is recorded confidentially. Often, there are female police officers/constables at cyber police stations who help the complainant in filing the complaint.
Who will be punished under this law if such a crime is committed by a company?
When a crime is organized, every person in charge of the company will be considered a criminal and they will all be punished.
Apart from the Indian Penal Code and the Information Technology (IT) Act, what other laws have provisions for organized cybercrime against women?
The Indecent Description of Women (Prevention) Act, 1985, prohibits indecent description of women by any notice, publication, writing, picture or any other means.
What is cyberbullying and is it harmful?
Cyberbullying is the sending of threatening or intimidating messages via computer, mobile phone or any other electronic device. It is common for young school students to send such messages to their classmates, juniors or seniors. Twice as many girls as boys are victims of this crime.
Are there any ways for women to stay safe from cybercrime?
• Choose a secure name for yourself online that does not reveal your full identity or address.
• Use a strong password for your online accounts that includes a combination of numbers and special characters.
• Protect your computer with cybersecurity measures like anti-virus, anti-spyware.
• Choose the information you make public carefully. Be careful when posting or giving any information online because it can identify you, a member of your family or a friend on public sites like blogs, online white pages, job search sites. Anyone using the internet can see this information. Real name, date of birth, gender, village/city/address where you live, e-mail address, school name, work address and personal photos, etc. are sensitive information. Fraudulent, fraudulent, and online sexual predators use this information to harass or intimidate you.
• Be aware of the dangers in e-mails and think twice before opening any attachments or opening any e-mail communications, even if you know the sender, as these may be used to send viruses or other malicious information to your computer. Do not respond to any e-mails that ask for personal information, especially account numbers or passwords, even if they come from businesses you trust.
• No reputable business organization asks for this information through e-mail. Do not open any links or communications in e-mails unless you know the sender and their purpose. Instead, use a search engine to find the site. Do not personally trust any information that comes from an e-mail that you do not know personally. Do not send cute jokes, touching photos, cooking recipes, etc. to anyone else. The email you send may be sent with the intention of collecting the email address of the person you are talking to and their relationship with you.
• When meeting people you have only met through email, take someone with you and always meet in a public place. Remember what you say. People are not always like that. People do not find it easy to create a safe zone around themselves because they do not want to offend anyone. But people with good intentions understand this and encourage them to maintain the necessary security. But people with fraud and bad intentions will find you guilty of this.
• Know the terms and privacy or own policies of any service you use. Create a safe environment for yourself by knowing how any website you use uses your personal information. Those facts will let you know that the company can take ownership of your information and resell, rent or give your information to anyone who wants. If this is the case. Then choose a more reputable site.
• Do not reveal your personal information for free services available online, online free services are found in two ways, namely:
• Free games, free services and "big business" Although these services seem very profitable in the real world, the truth is not like that. Such free services do not just collect your personal information, but these businesses and free services are also combined with spyware or other malicious software.
• Commercial tools like surveys, sweepstakes, quizzes, are created with one purpose in mind, namely:- They will collect as much information from you as possible and then sell that information to another interested customer. Even the best surveys learn more than you think and can lead you to malicious software and programs, so ignore these features.
• Check your internet addresses and online activities from time to time. It is also important to keep your information on the internet organized. You should also check all the contacts you are in contact with from time to time and delete those that you have not been in contact with for a long time. You should check the information and photos you have provided to make sure that they are not excessive.
• Ignore contacts you do not want to communicate with. Do not accept any invitation to establish friendship with anyone. Delete the request unless you want to be friends. If you are already in contact with someone and do not want to communicate with them anymore, cancel that contact on your social networking site. You can also block their email address, so they can't contact you via email. Block their phone number to stop them from contacting you or sending you messages by phone. You can choose who, how, and when you contact them.• Remember, it's not your fault that you're a victim of cybercrime. Don't blame yourself for any scam, fraud, misconduct, or crime. The person who committed the misconduct or