Women and Protective Laws

includes index and biblioraphy

Chapter I: INTRODUCTION 1 1.1 Universal Declaration of Human Rights 4 1.2 Civil and Political Rights 4 1.3 Social and Economic Rights 5 1.4 The United Nations Convention on the Elimination of Discrimination Against Women 1967 (CEDAW) Vienna Declaration 10 1.5 Marriage, Separation and Divorce 12 1.6 Guardianship, Custody, Adoption and other Rights of the Child 12 1.7 Economic Rights of Women within Marriage 13 1.8 Protection of Human Rights Act, 1993 13 1.9 Human Rights Courts 14 1.10 The National Convention for Women Act, 1990 14 1.11 Finance, Accounts and Audit 19 1.12 Grants by the Central Government 19 1.13 Annual Report by the Commission 20 1.14 Rights of Women under the Constitution of India 21 1.14.1 Directive Principles 26 1.14.2 Reservation in Panchayats and Municipalities 27 1.14.3 Reservation of Seats for Women in Panchayats 27 1.14.4 Reservation of Seats for Women in Municipalities 28 1.14.5 Fundamental Duties Towards Women 29 Chapter II: PERSONAL LAWS FOR WOMEN 30 2.1 Inequalities in Personal Laws 30 2.2 The Uniform Civil Code and Indian Constitution 32 2.3 Uniform Civil Code and Judicial Attitude 33 2.4 Law Relating to Marriage of Women 35 2.5 The Special Marriage Act, 1954 44 2.6 Marriage of Muslim Women 50 2.7 The Indian Christian Marriage Act, 1872 55 2.8 The Parsi Marriage and Divorce Act, 1936 59 2.9 Restitution of Conjugal Rights 63 2.10 Grounds for Judicial Separation under the Hindu Marriage Act, 1955 64 2.11 Judicial Separation under the Special Marriage Act, 1954 65 2.12 Judicial Separation of Christians under the Divorce Act, 1869 66 Suit for Judicial Separation of Parsis 67 2.13 Divorce of Hindu Women through the Hindu Marriage Act, 1955 67 2.14 Divorce of Women under Muslim Law 72 2.15 Muslim Women under the Muslim Personal Law (Shariat) Application Act, 1937 76 2.16 Divorce of Christian Women under the Divorce Act, 1869 77 2.17 The Parsi Marriage and Divorce Act, 1936 Suits for Dissolution 81 Chapter III: OFFENCES AFFECTING THE HUMAN BODY OF WOMEN 3.1 Dowry Death 3.2 Abetment of Suicide (Sees. 306 and 107) 3.3. Causing Miscarriage without Woman`s Consent 3.4. Death Caused by Act done with intent to cause Miscarriage 3.5. Act done with intent to prevent child being born alive or to cause it to die after birth 3.6. Causing death of quick unborn child by act amounting to culpable homicide 3.7. Exposure and abandonment of child under twelve years by parent or person having dire of it 3.8 Concealment of birth by secret disposal of dead body 3.9 Assault or Criminal Force to Woman with intent to outrage her modesty 3.10 Sexual Harassment of Working Woman 3.11 Kidnapping and Abduction 3.12 Rape (Sec. 375) 3.13 Unnatural OrFences (Sec. 377) 3.14 Marrying again during life time of husband or wife (Sec. 494) 3.15 Adultery (Sec. 497) 3.16 Enticing or taking away or detaining with criminal intent a married woman (Sec. 498) Chapter IV: BENEFITS UNDER LABOUR LAWS 4.1 Equal Remuneration Act, 1976 4.2 Maternity Benefit Act, 1961 4.3 The Factories Act, 1948 4.4 The Mine Act, 1952 132 4.5 The Employees` State Insurance Act, 1948 133 Chapter V: LEGAL PROTECTION TO WOMEN IN RESPECT TO MAINTENANCE 137 Chapter VI: ADOPTION 159 Chapter VII: GUARDIANSHIP 180 Chapter VIII: SUCCESSION 205 Chapter IX: LAWS FOR PROTECTION OF WOMEN 225 o The Hindu Widow`s Re-Marriage Act, 1856 225 o Guardians and Wards Act, 1890 228 o The Indian Christian Marriage Act, 1872 244 o The Anand Marriage Act, 1909 271 o The Prohibition of Child Marriage Act, 2006 272 o The Arya Marriage Validation Act, 1937 278 o The Muslim Personal Law (Shariat) Application Act, 1937 279 o The Immoral Traffic (Prevention) Act, 1956 282 o The Dowry Prohibition Act, 1961 305 o The Dowry