Topic: -WOMEN AND CRIMINAL LAW: A FEMINIST DISCOURSE IN INDIA.

I-Scheme of the Study

INTRODUCTION

Both man and woman are endowed alike with autonomy – physical and mental. But social perception in
this regard is grossly flawed. Our judicial arena is also no exception as well. Despite the provisions of the
Indian Constitution1 and many other laws2 regarding their rights, women are being discriminated. This
trend is visible throughout. Most of the major institutions are created by male and, naturally, have male
perception and understanding about the situation of women.3 Household works of a house-wife is regarded
as “unproductive”. Working women are paid lesser in comparison to their male counterpart for the same
similar work. In the name of tradition restrictions from superiors of their own families are very often
imposed on their freedom of movement. Even they are not free to exercise their discretions while choosing
their careers on the basis of their own capabilities and inclinations. Dress codes, sans of trends and
contemporary fashions are being insensitively forced upon them without taking into consideration the
working conditions around. Incidents of killing hapless female creatures are nothing uncommon in India.
Though, many such cases go unreported, there is no dearth of this heinous crime being reported every day
from different parts of the country. Information of female infanticides and feticides rarely leaks out of the
four walls of the families concerned. Unfortunately, the killers in such cases are generally none else than
the guardians or close relatives of the female victims. Apart from female infanticide and feticide incidents
of honour killing and dowry deaths cannot be lost sight of4. It is also worth mention that sexual harassment
of working women at their places of work have considerably increased and the irony is - far from doing
justice, the male co-workers very often argue that the women facing such sexual harassments are over
sensitive.

Feminism seeks to locate and understand the situation of woman in social, political, economic and legal
structures. Feminist theories discuss about the rights of women and related Criminal laws deal with
various offences committed against women. It is an accepted fact that new rights gradually emerge from
the womb of the old ones. The same holds good for feminist movements. With the passage of time, all

1
Article 15(3) of Indian Constitution makes special provision for women and children. Article 42 provides for maternity relief.
Article 51(e) renounce practices derogatory of women.
2
Apart from Indian Penal Code, some other penal statutes are namely – The Dowry Prohibition Act,1961; The Immoral Traffic
in Person Prevention Act, 1986; the Medical Termination of Pregnancy Act,1971; The Sexual Harassment of Women At
Workplace (Prevention, Prohibition and Redressal) Act,2013; Prenatal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act 1994.; Indecent Representation of Women (Prohibition) Act, 1986.etc.
3
“Women in India, as is well known, have never been treated well even at home or while at work.” --- The object and Reason
of “The National Commission for Women Act, 1990.
4
See (2003) 1 SCC 217, at p 220. by, DHARMADHIKARI, J “Fraility thy name is woman” that is how in one of his plays
Shakespeare describes one of the female character in the play. This description is more and more evident particularly in Indian
rural society where married women, who are unable to muster courage to fight against cruelty and harassment meted out to
them by their spouses and family members, find no escape other than ending their own life.
2
new and old rights gain novel socio--legal constructions through movements. Obviously, to remain
relevant for a considerable span of time any feminist movement which aims to ameliorate the status of
women in the society has to be a consistent, continuous process lead by competent personalities. A
movement, much like a river, branches out to different facets during its long course. Naturally, same is
the case of feminist movement, in its journey through the time it has evolved into branches like liberal
movement, cultural movement, postmodern movement and radical movement. Feminist legal theory is a
political ideology emphasizing in different voices women’s emancipation from slavery, celebrating
positive attributes of womanhood, its cultural inclination and often an attack on liberal modern social
structure. Feminist movement is restricted to liberal ideology of equality that is, claiming rights as men.
It is perceived that a total change of mindset of the society is needed; awareness for women’s rights
required to be spread in the true perspective.

The research work "Women and Criminal law: A Feminist Discourse in India" is covered in eight chapters
followed by a detailed reference. Discriminatory laws and practices towards women are pointed out and
a humble effort is made to stress the lack of genuine intellectual effort of jurisprudence towards feminine
issues covering daily life.

Relevant literatures were surveyed and then some affirmative legal measures have been that may uplift
the status of women in the society. In the process, the liberal equal structure created by patriarchy for
women shall be deconstructed and reconstructed.

STATEMENT OF PROBLEM:

Feminist movement in India is mainly liberal feminism that is claiming rights as men. However,
women have different aspirations and that can be fulfilled by deconstruction of the patriarchy. Women in
India do not get compensation if statutory crime is committed against them and if it is not strictly the
breach of fundamental rights. There are existing laws to protect women but they fail to protect their interest
due to political, economic, legal and economic disadvantages. To analyse the male solipsism of the legal
system some relevant legislations and Judgements are being reinterpreted from feminist postmodern
perspective.

REVIEW OF LITERATURES:

A detailed study of around forty different books, statutes, reporters’ case law reports, research
journals containing articles close to hundred was done and various relevant websites were surfed. The
process is further supplemented by detailed references with mentions of primary and secondary sources.

3
Catharine A. Mackinon, “Feminism Unmodified; Discourses in life And Law; Harvard University
Press (1988)

This book contains Mackinnon, the noted feminist and legal scholar’s views and original theories
and practical proposal on sexual politics and law. These discourses originally delivered as speeches, have
been brilliantly woven into a book. She offers a unique retrospective on the law of sexual harassment,
abortion, rape which she designed and has worked for a decade to establish a prospectus on the law of
pornography. This book advances a new theory of sex inequality and proposes new possibilities for
women. She says that law is written from his perspective but should include her viewpoints also.

Mark Kelman, “A Guide to Critical Legal studies”; Harvard University Press (1990)

Until now there has been no summary or overview of the wide range of work contributing to critical
legal studies, the movement that has aroused deep interest in legal system and a critique of the liberal
structure. The study has laid bare the inconsistencies in the liberal structure thus is helpful in interpretation
of feminist particularly post- modern theories. The contradictions are in liberal structure of mechanically
applicable rules and standards that fluctuate with different situations of intrinsic individual value and the
objective knowledge of ethical truth and between free will and determinism. Thus, having application in
feminist perspective in case of women involved in crime.

Amita Dhanda and Archana Parashar (ed.) "Engendering: Essays in Honour of Lotikasarkar”;
Eastern Book Company (1999)

This edited book contains essays related to demand of various legitimate rights of women and their
denial by the liberal structure. These articles on different topics are related to the life of Indian women
and the challenges they face. The book is published to honour the memory of Dr. Lotika Sarkar a former
member of UGC curriculum committee.

PSA PILLAI “Criminal Law” 9thEdition; Lexis Nexis Butterworth (2000)

Pillai’s Criminal Law is a book which is accepted as a standard reference book for more than four
decades. The current edition of the classic book has incorporated relevant case laws related to women
rights. Written in a lucid style, Pillai’s Criminal Law covers the latest position of laws on the subject as
propounded by the Supreme Court and High Courts. Rule of fair trial and protection given to women
during search and arrest are discussed. Victim Compensation as per section 357A CRPC has been
discussed but it is not women specific. The special provision in Article 15(3) of the Indian Constitution
for women is not reflected in fair trial rules concerning women.
4
Lloyd’s Introduction to Jurisprudence,7th Edition; Sweet and Maxwell (2001)

This book has in details described various feminist schools. The Schools are Liberal feminism,
Radical feminism, Cultural Feminism, and Post-Modern Feminism. Through various illustrations and case
laws, legislation feminism especially postmodern feminism has been explained here to be an alternative
viewpoint of a legal system and subjective life experience of an individual woman. She can’t be
stereotyped as emotional, caring, attached. She is not a social, patriarchal construct but a distinct, separate
and independent feminine identity.

Shefali Moitra “Feminist Thought”; Munshiram Maniharlal Publishers Pvt. Ltd in Association
with Center of Advanced Study in Philosophy Jadavpur University, Kolkata (2002)

This book deals with different issues of feminism such as the sex / Gender system, Feminist thought
and objectivity, Feminist Thought: Debates and Ambitions, The hegemony of reason etc. Subjectivism is
sometimes indispensable in a woman’s life that cannot be discounted at any cost. Feminism does not
contain any single hypothesis but is a collection of different views and interpretations of the patriarchy.
The book points out the theoretical underpinning of the feminism in details. The various biased views of
androcracy are challenged and possibilities of alternative views have been promoted.

N.K. Chakrabarti & Sachi Chakrabarty “Gender Justice”; R Cambray And Co Publication
(2006)

This book provides a comprehensive examination of the current violent nature of discrimination
against women. The book contains several research articles authored by competent professors, judges and
advocates. The book examines Indian women’s life situation in contexts like, prostitution, domestic
violence, offences under Indian Penal Code and Other Penal statutes in the backdrop of Kolkata of West-
Bengal and around. Various biases against women perpetrated by the society have been described here.

Dr. G.B. Reddy “Women the Law”; Gogia Law Agency (2007)

The author has done well in spreading the canvas wide and dealing with the Constitutional
provisions affirming women’s right to reservation, right against exploitation and has covered the subject
with lucid brevity. Various family laws rooted in divergent religions side by side their dowry laws have
been discussed. The Prevention of Immoral Traffic Legislation, Equal Remuneration Statute, the menace
of sex discrimination rackets has also been reviewed.

5
Joshua Dressler, “Cases and Materials on Criminal law; Thomson West (2007)

This popular casebook, through the selection of classic and modern cases provides an excellent tool
to investigate criminal law, modern statutory reform. The casebook considers new punishment policy
like” shaming punishment” rape law, self-defense by battered women etc. and. the role of determining
culpability. It has given possibility to interpret criminal law in the light of feminism.

Rekha Rastogi, “Gender Justice and Sexual Discrimination”; Summit Enterprises (2007)

Gender discrimination now denotes differentiation between people on grounds such as gender,
colour, sexuality, disability or class. Discrimination in a political system can be explicit, or covert. South
Africa was under Apartheid, a glaring example of State recognized institutionalized exclusion of black
people from public political life. Similar explicit exclusions are practiced against women in so many
spheres. Besides, discrimination on grounds of ethnicity and gender is galore in numerous sectors, though,
at a comparatively informal level. Level of education, employment, political representation, percentage
convicts living in poverty and so on have been employed as measures by organizations monitoring
discrimination in various societies to indicate how informed exclusion operates.

Chief Justice A.S. Anand, “Justice for Women” 3rd Edition; Universal Publication (2008)

It’s from time immemorial that women’s issues have been a matter of great concern. But it is only
since the past few decades that to some extent it has been able to draw the much-needed pointed attention.
Over the years, radical changes have been introduced in the laws pertaining to women, which not only
recognize their rights, but also afford protection against exploitation. In spite of all these, lack of
understanding about the realities faced by women at home, at place of work or in Court, often lead to
decisions lacking equality and justice to them. Dr. Adarsh Sein Anand, chief Justice of India in his
speeches had shown his concern for justice for women, and in his judgments, he has given expression to
those concerns. His judgments and speeches show that Chief Justice Anand is a person who not only has
his conviction in gender related issues but has also, with courage and authority attempted to redress issues
concerning women, which though of grave concern, have remained mostly ignored.

6
Nayana Chakraborty, “Abetment of suicide under I.P.C and its impact in India”; Human Rights
Law Review, R. Cambray (2011)

Brings out the psycho-analytic analysis by judiciary of women’s mind involved in offences.
Though, post marriage, women usually face tremendous stresses, society expects them to behave
normally. And so, any aberration in behave by a woman undergoing such stress is treated as abnormal.

U. Chandra, “Human Rights" 8th Edition; Allahabad Law Agency Publication, (2011)

Points out the human rights regime of women from the angle of liberal equality. Various
international conventions related to women like Universal Declaration of Human Rights, Charter of Civil
and Political Rights, Charter of Social and Cultural Rights, Convention of CEDAW etc. have been
discussed in details.

Mamta Rao, “Law Relating to Women and Children” Third Edition; Eastern Book Company
(2012)

Is a book related to current Women issues in India. This book has helped the researcher to a great
extent to have a grasp over the whole topic. The author has discussed various problems faced by women
and the protection provided under different criminal, personal and labour laws in India. Dr. Rao has cast
light on the crimes generally committed against women, viz, rape, dowry death, prostitution, female
feticide, sexual harassment at workplace, domestic violence, obscenity, indecent representation of women
and honour killing etc.

Dr. Girjesh Shukla,” Criminology - Crime Causations, Sentencing and Rehabilitation of victims”;
Lexis Nexis (2013).

This book contains chapters regarding Concept of Criminology, Schools of Criminology, Crime
Causation Theory, Penology, Sentencing Policy, Victimology etc. The book discusses relevant select
Supreme Court and High Court decisions about the punishment awarded to the criminals and the
philosophy behind it. The significance of reformative theory has here been pointed out in details. It has
discussed the Prison and police systems. The Prosecution and the Defense for the criminals as well as
Victim Compensation Scheme and its Constitutional remedy have been properly discussed.

7
Dr. S.C. Tripathi and Vibha Arora, 6th Edition; “Law Relating TO Women and Children” Central
Law Publications (2015)

Is another important book for recent Women related issues. The book discusses different offences
committed against women under Indian Penal Code and other Penal statutes. Recent Court Judgments are
discussed.

R.V. Kelkar - “Lectures of Criminal Procedure”; Eastern Book Company (2016)

Is important to understand the procedural criminal justice system and its effect on feminist legal
discourse. This classic work provides an interesting and lucid study of the fundamental principles of
criminal procedure in a logical sequence. The topic wise treatment of the subject along with references to
academic writings and judicial decisions makes the study of criminal procedure meaningful and
comprehensive. The author has also drawn attention to some ticklish aspects of the code with a view to
generate fresh approach in the light of new developments so that the criminal procedure law may grow in
tune with time. Rules of fair trial has also been discussed in this book in detail.

Srijoni Sen, Sakshi, “Making the Punishment Fit the Crime: How do Lawmakers Decide?”
Economic and Political Weekly, Vol LII No 8(2017)

This research article provides that in the absence of clear and organized sentencing guidelines,
contemporary penal policy in India is marred by unguided judicial discretion. While this may be a matter
of independent inquiry, it is inevitable consequence of flawed legislative prescription regarding sentences
under criminal law. The arbitrariness in prescribing maximum sentences in criminal laws is an issue that
has received in adequate attention.

OBJECTIVES OF THE RESEARCH STUDY:

The objective of the study are as follows:

1. To discern various trends in legal feminism in improving the condition of women.

2. To study and critically analyze gyno-centrically the legal provisions and select judgments relating to
protection of women.

8
3. To identify the gap in the legal positivism intended to protect the interests of women from feminist
perspective.

4. To suggest ameliorative amendments and repealing which may be capable of addressing the gaps if
any in the existing legal provisions protecting women against offences.

5. To analyze the judicial trend towards women offenders and also to analyze judiciaries' psychological
analysis of women's mind affected by offences.

An in-depth study of the various penal statues, especially the Indian Penal Code has brought out the nature
of discrimination meted out towards women. Case laws reported in different “Reporters” like All India
Reporter and Supreme Court Cases are bringing out the contemporary attitude of the judiciary towards
women. So, a humble and sincere attempt is made to bring out the full dimension of offences committed
against women.

Research Questions:

(1) Are Indian Women the marginalized, silenced others, oppressively dominated by the
patriarchy?

(2). Are Indian Women sometimes denied personality before law?

(3) Is domination of Indian Women in their family by other family members a natural
phenomenon?

(4) Should the punishment awarded to the women offenders be sui-generis as mixture of various
methods and sometimes provision for special measures as suggested by legal system?

(5) Should schemes of compensations to the victims be something like insurance scheme maintained
by the concerned States?

RESEARCH METHODOLOGY:

Both primary and secondary sources are collected in the fulfillment of the proposed work. The
methodology adopted in this proposed work is analytical, descriptive and critical. Primary sources have
been collected from legislative materials and Judgments. Secondary data are collected from text books,
research articles and internet. It is a doctrinal research and opinion of judges, lawyers and legal experts
have corroborated the conclusion. It should be mentioned that the adopted methodology includes both

9
pure and applied form of research. A thematic empirical study by interviewing 100 victims in West-
Bengal is undertaken to verify the chapter findings under Chapter III, Offences Against Women Under
Indian Penal Code. The thesis follows universally acceptable mode of citation which is applied and
approved by Indian Law institute. (Link http//www.ili.ac.in/cstyle.pdf).

Sources of Data Collection:

The study is mainly based on primary data like, select Court Judgments and legislations and on
relevant secondary data e.g. - the legal research articles published in reputed journals and text books of
learned authors. Government database and law dictionaries have also been consulted for this purpose.
Tertiary data is collected from newspapers, etc. The qualitative data are collected from law reporters
(select judgments), statute, books and also from internet to establish the hypothesis formulated. Passages
from select text books and relevant research articles stood in good help to point out the established and
prevalent biased views against women in the legal system.

Processing of Data and Analysis:

Well established rules of interpretations have been applied. Conclusions are drawn from
inductive, deductive, analogical and dialectical methods. And the conclusions thus arrived at have been
supported by Precedents of statutory provisions, judgments, opinions of legal experts and common social
phenomena.

Operational Definitions:

The operational definitions of concept used in the study are given as follows: -

Patriarchy:

In this research work, typical male viewpoints of the legal system have been described as
“Patriarchy”.

Feminism:

Disagreeing with the meaning given in Oxford dictionary, feminism here does not mean equal
rights as like man. Here it means postmodern feminism that is deconstruction and reconstruction of biased
male views.

10
Women:

As defined under section 10 of Indian Penal Code. The word woman denotes female human being
of any age.

Discrimination:

An unjust differentiation made by patriarchy towards Indian women.

Victim:

Here it means a woman who has suffered physical, emotional and financial harm as a result of
crime.

A thematic study has been undertaken under chapter III of the thesis that is “Offences against
Women Under Indian Penal Code” and the study has been done by using survey method. Primarily, the
questionnaire has been used as a data collection tool along with informal interviews. For the purpose of
the study, data have been collected from Courts of Durgapur, Contai. Howrah and Barasat from the year
1991 to 2015.Durgapur is an industrial town and here there is increased rate of crime being committed
against women. Thus, it is a good source of data collection. Contai is a sub-divisional town situated at the
border of two states. that is Orrisa and West-Bengal. There is lot of cultural mingling and the nature of
crime committed against women gets an interstate cultural perspective. Howrah the twin city of Kolkata
is a big urban place inhabited by different people coming from all over the country and a lot of crime is
committed against women. Lastly Barasat is an important district town adjacent to Kolkata where people
come from all over the state for mainly business purpose and settle. There is also commission of great
number of crime against women.

Designing the Questionnaire:

Keeping in the view of the objectives two questionnaires have been designed in structural form.

1, Questionnaire for women Victims of Crime. (Where the trial is continuing)

2. Questionnaire for Public Prosecutor and Assistant Public Prosecutor. (Where the Trial is
completed)
11
 To facilitate quantification and analysis, mainly close ended questions have been used. To capture
a response and have fewer missing responses, response such as “No opinion” “Don’t know” are included
in the questionnaire. Few open-ended questions are also included so that users can express their views
freely.

Data Collection Through Survey:

The data required for the study had been collected in two phases.

Phase-1: At first, a preliminary survey had been conducted to know the socio-economic status of
different women victims.

Phase-2: Based on result of the preliminary survey, the women victims of crime are categorized
and stratified.

Data Collection Procedure:

The researcher has visited the selected Courts and interviewed women victims of crime as well
Assistant Public Prosecutors and Public Prosecutors to collect necessary data. The Questionnaire have
been distributed to the respondents with a request to answer the question and return the questionnaire. The
questionnaire forms were recollected after being filled-up either on the spot or after few days, personally.
Besides, some women victims of Crime and Assistant Public prosecutors were sent questionnaire by post.

Sampling: As the sample size is small, two sampling methods have been used.

Purposive sampling technique has been adopted to select the specific crime committed against women
victims.

Stratified random sampling technique has been used to classify the samples in different strata as

• Acid attack victims. (Section 326A Indian penal Code)

• Rape Victims. (Section 375 Indian Penal Code).
• Victims of Stalking. (Section 354D Indian Penal Code)
• Victims Of dowry demand. (Section 304B Indian Penal code)
• Molestation Victims. (Section 354 Indian Penal Code)

12
Data analysis technique

On the basis of received filled up questionnaire the data is going to be analysed and tabulated. Pie Chart
is used to quantify the satisfaction level of the women victim of crime from compensation received. Ms
Excel software is used to create the graph. A table containing data related to computation of data sheet for
pie chart is given in Appendix I.

Table 1

Name of TheNo of Compensation Percentage of

Courts
OffencesVictims Received in Rs. satisfaction.
Durgapur Acid Attack 12 3,00,000/- 12.50%
None
Contai Stalking ---- ----
Found
Barasat Rape 34 1,12,000/- 8.24%
Molestation 15 7,000/- 1.166%
Howrah
Dowry Demand 31 37,000/- 0.60%

13
 Pie Chart 1

GAP IN THE FIELD OF RESEARCH

There are apparently so many gyno- centric laws prevalent in India. However, as derived in the findings
it is observe that, these apparently women friendly laws are failing to protect women. Most of the times
these gaps in law result from not for lack of logic but genuine absence of unconcern for women’s interest.
Sometimes legal framework is existing but due to lack of economic independence, absence of awareness
of rights and internalization of patriarchal values women fail to implement the legal provisions in their
interest. Compensation scheme for victims of crime are not women specific. As for example Court differs
in awarding monetary compensation for victims of rape widely. Compensation for crime should be like
insurance scheme and born by state. As society is the place where crime originates. Protection of Domestic
Violence Act provides measures for shelters for women victims. However, situations in shelters for
women are pitiable. There is absence of funding in improving the condition of shelters for women. In
Sexual Harassment of Women At workplace, the offence is non-cognizable thus employers are not
deterred. Despite there is Dowry Prohibition Act, dowry is social menace. In Indian Penal Code, there is

14
no protection from lack of care for pregnant women which is a grave crime. If a document authorizing
adoption for son is destroyed then punishment is there. Unfortunately, such punishment is absent if a
document is destroyed authorizing adoption of girl child, (Section 477 Indian Penal Code). Prevention of
Immoral Traffic Act is not seriously implemented and society is yet to take a definite stand for or against
prostitution. Number of killing girl child is considerably higher though there is law like Pre-Natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act,1994.

Chapter Scheme:

Chapter I: INTRODUCTION

This Chapter provides the whole frame work of the thesis. It consists of a narration of the whole work
including objective of the study, its limitations, survey of existing literature and Research design. Select
judgments of Supreme Court and High Courts have been discussed. Relevant statutory provisions
depicting violence against Women and discriminations faced by them has been pointed out.

Chapter II: LEGAL FEMINISM: CONCEPT AND ITS SHADES

“Legal Feminism, its Concept and Shades have been conceptualized and given shape basing on select case
judgments and statutory provisions. Selected Supreme Court and High Court Judgments, numbering
thirty, and relevant statutory provisions have been discussed to reveal the inherent discriminations in the
Indian Penal Code and other statutes.

This chapter has been subdivided into the following nine: -

(A) Different Shades of feminism,

(B) Woman a Social Construct,

(C) Patriarchal Discrimination,

(D) Misogyny,

(E) Feminism and Dissent,

(F) Gender binary,

15
(G) The Fallacy of two valued logics,

(H) Feminism vis-à-vis rational objectivity and

(I) Role of Power.

Some relevant judgments representing various strands of feminism are hereby discussed -

C.B.Muthamma v. Union of India5, the Court invalidated the Indian Foreign Service (Conduct and
Discipline Rules), 1961 which provide(s)d that , “ No married woman shall be entitled as of right to be
appointed to the service”.

In Air India v. NargishMeerza,6the apex Court Invalidated Air India and Indian Airlines Regulations
on retirement and pregnancy bar on service rules.

Gayatri Devi Pansari v. State of Orissa,7 Orissa government order reserving 30% quota in 24 hours-
medical stores as self- employment scheme was upheld.

Aveek Sarkar v. State of West Bengal, a prosecution was launched against editor of Anandbazar for
publishing a nude photo of famous tennis player Boris Becker and his lady friend. Ultimately, it was
dismissed by Apex Court on ground of prevailing moral standard of the society.

Chapter III: OFFENCES AGAINST WOMEN UNDER INDIAN PENAL CODE

The inherent patriarchal male solipsism has been brought out by discussing concrete statutory illustrations
and select judgments of Supreme Court and High Court. The chapter is divided into

(A) Sexual Offences,

(B) Compensation and Rehabilitation to Victims of rape,
(C) Honour Killing,
(D) Kidnapping and Abduction for different purpose,
(E) Procuring of Minor Girl,
(F) Dowry related offences under Indian Penal Code,
(G) Bigamy and Adultery,
(H) Causing Miscarriage, Injuries to unborn Female Children,

5
AIR 1979 SC 1868.
6
AIR 1981SC 1829.
7
(20000 4 SCC 221.
16
(I) Stalking,
(J) Insult/ Sexual Harassment and Outraging the Modesty of Woman and
(K) Acid Attack.

Some important relevant judgments have been discussed in this chapter.

In T.K. Gopal v. State of Karnataka,8

It was held sexual offences constitute an altogether different kind of crime which is the result of
a perverse mind. The perversity may result in rape or homosexuality. Those who commit such crimes are
psychologically sadistic persons exhibiting that tendency in rape, forcibly committed by them.

In Inder Raj Malik 9

The Delhi High Court held that a person can be convicted both under section 4 of the Dowry
Prohibition Act as well as section 498A of Indian Penal Code. As in the latter, the act of mere demand of
dowry is punishable and for that existence of any element of cruelty is not essential. In contrast, according
to the provision of section 498A, Indian Penal Code punishments are awarded for acts of cruelty on newly
married women.

In State of Punjab v. Major Singh10

The accused had caused injuries to the vagina of a seven and half month-old child by fingering.
It was held, the accused was liable for outraging the modesty of the child under section 354 of Indian
Penal Code. The Court held that the essence of a woman, young or old, her modesty is her sex. And so,
all women either intelligent or imbecile, awake or sleeping possess modesty capable of being outraged.
Thus, whoever uses criminal force to her modesty, commits an offence under section 354 of the Indian
Penal Code.

In Major Singh Lachman Singh v. State of Punjab11

Iit was opined that the word modesty has not been defined in the Indian Penal Code. Whether a
particular woman has or has not developed modesty is a question to be considered based upon the facts

8
(2000)3 SCC 706.
9
1986CriLJ 1510.
10
AIR 1967 SC 63.
11
AIR 1963 Punj 443.
17
of that particular case. There is no abstract conception of modesty that may be applied as a rigid yard stick
in all cases.

In State of U.P. v. Pappu12

The findings in a rape case that the prosecutrix was not having good character and was a girl of
easy virtue was held by the Apex Court to be no ground for acquittal of the accused.

Chapter IV: OFFENCES AGAINST WOMEN UNDER OTHER PENAL STATUTES

The provisions of law relating to woman have been reviewed periodically and amendments carried
out to keep pace with the emerging needs. Some Acts which have special provisions to safeguard women
and their interests are:
(1) The Dowry (Prohibition) Act, 1961.
(2) The Immoral Traffic in person Prevention Act, 1986.
(3) The Commission of Sati (Prevention) Act, 1987.
(4) The Medical Termination of Pregnancy Act, 1971.
(5) The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013
(6) The Indecent Representation of Women Prohibition Act, 1986.
(7) Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.

Select Supreme Court and High Court judgments numbering thirty have been discussed to find out
the lacuna of the laws in protection of the personality of Indian women.
Some select judgments in these chapters are discussed -
In Brij Lal v. Prem Chand13
It was held that the degradation of society due to the pernicious system of dowry and the
unconscionable demands made by greedy and unscrupulous husbands and their parents and relatives,
resulting in an alarming number of suicidal and dowry deaths by women, has shocked the legislative
conscience to such an extent that the legislature has found it necessary to provide special provision of law.
In Vinod Kumar Sethi v. State of West-Bengal14
It was held that a voluntary and affectionate giving of dowry and traditional gifts would be plainly
outside the definition of dowry under the Act.

12
(2005) 3 SCC 594.
13
1989 Supp(2) SCC 680.
14
AIR 1982 P &H 372,388.
18
In Vishaka v. State of Rajasthan15
It was held that, gender equality includes protection from sexual harassment and right to work
with dignity. It is one of the universally recognized basic human rights.
in Gaurav Jain v. Union of India16
The Supreme Court passed an order to set up an advisory committee to make suggestions for
eradicating child prostitution, and point out social aspects for the care, development, treatment,
rehabilitation of young victims.
In Ranjit D. Udeshi v. State of Maharastra,17
The apex Court observed that, the test of obscenity is laid down by Cockburn, J. In India, obscenity
cannot get Constitutional protection of free speech and expression. Obscenity in India means whether the
alleged contents are enough to deprave and corrupt the minds of those, who are open to influences.

Chapter V: DOMESTIC VIOLENCE VIS-À-VIS WOMEN.

Around twenty select judgments describing domestic violence against women have been
discussed. The reason behind the domestic violence which is criminal in nature has been pointed out. The
chapter has been divided into –
(A) Nature of Domestic Violence,
(B) Gradual Change of status of women in India,
(C)Positive Discrimination in favour of women in Constituent Assembly,
(D)Women and Domesticity,
(E) Some observations and
(F) Punishment for Domestic violence.
Domestic Violence has been grouped in the following way -
1.Dowry Death,
2. Abetment to commit suicide,
3.Cruelty,
4.Hurt and Grievous Hurt,
5.Wrongful restrain and wrongful confinement,
6.Sexual intercourse during judicial separation,
7. Bigamy and
8.Adultrey.

15
(1997) 6 SCC 241.
16
(1997) 8 SCC 114.
17
AIR 1965 SC 881.
19
 Section 5(e) of Protection of Women from Domestic Violence Act, 2005 provides a woman right
to file complain under Section 498A of the Indian Penal Code, whenever relevant. Section 3 of the
Protection of Women from Domestic Violence Act, defines domestic violence as mental or physical
harm or injuries to health, safety, life and limb and wellbeing of a woman. Section 3(b) of the said Act
provides that, domestic violence is to harass, harm, injure, and endanger the aggrieved person with a
view to coerce her for any unlawful demand or dowry. Section 26 of the said Act provides that in a legal
proceeding all possible remedies can be sought before a Criminal Court.

Chapter VI: A CRITICAL ANALYSIS OF PENOLOGY STRESSING THE REFORMATIVE

APPROACH

Thirty selected judgments have been discussed to bring out the penology stressing the
reformative approach. This chapter has been discussed in parts as under –

(A) Penology Defined,

(B) Nature and Scope of Penology,

(C) Crime Control mechanism,

(D) Sentencing and Penology -History of Sentencing,

(E) Theories of Punishment and

(F) Penal Policy in India.

In Narotam Singh v. State of Punjab18

The Supreme Court opined that reformative approach of punishment should be the object of
criminal law, in order to promote rehabilitation without offending community conscience.

In Raman v. Froncis19

It was held by Kerala High Court that antecedent of the wrong- doer including youthful age,
family background may be valid considerations in support of a lenient standpoint.

18
AIR 1978 SC 1542,
19
(1988) Cr LJ 1359.
20
Chapter: VII: COMPENSATION TO VICTIMS OF CRIME AND JUDICIAL TREND.

thorough discussion about the nature of compensations awarded to victims of crime has been
undertaken in light of select judgments and statutory provisions. The chapter has been divided into –

(A) Evolution of the Concept of compensation in criminal Law,

(B) Position Before Amendment of Cr.P.C. 357 and After,

(C) Analysis Of section 357A, Cr.P.C.,

(D) Evolution of Constitutional Remedy of Victim compensation,

(E) Victim Definition and victim Of Crimes,

(F) Victimology Definition and Scope, Historical perspective, Victim Assistance Programme in
India and -

(G) Victim of Crime Indian Law and Approaches of Criminal Courts.

In D.K. Basu v. State of West Bengal20

The apex Court held that monetary compensation given by Court is useful. It is perhaps the only
effective remedy to “apply balm to the wounds of family members” of the deceased, who was the bread
winner of the family.

In Chairman of Railway Board v. Chandrima Das21

The apex Court ordered payment of Rupees 10 lakh as compensation to a Bangladeshi Woman
who was raped by railway employees.

In A.K Singh22

The Supreme Court set aside the High Court’s order directing the convicts to furnish compensation
to the victims, holding - rupees 10 lakhs to be an amount excessive in comparison to the act of crime.

20
(1997) 1 SCC 416.
21
(1990)1 SCC420.
22
(1999) 4 SCC 476.
21
II. Findings of the Stud;-

(A)Indian Women are the marginalized, silenced others, oppressively dominated by the patriarchy.
Their view points are often absent in the legal system.

As for example, if we examine the Criminal Law (Amendment) Act, 2013 section 375 provides
from clause (a) to (d) there are four situations when a man can commit rape. Under the circumstances
falling under seven descriptions, description "Fourthly" provides that - “With her consent, when the man
knows that he is not her husband and her consent is given because she believes that he is another man to
whom she is or believes herself to be lawfully married”. Unfortunately, this protection shall not be given
to the unmarried woman or a widow who are considerable sections of the society. Further we find that, in
Exception-2 of the Section 375 of Criminal Amendment Act,2013 it is provided that” Sexual intercourse
or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not a rape.”

Thus, legislature presumes, when the age of the wife is fifteen or above there is no scope of any
violence in the conjugal life of a wife and husband. The pertinent question here is if, violence is
established, can the husband even then claim the wife as his “Own wife”.

There are other examples where absence of woman’s voice is evident. Section 2(C) of Indecent
Representation of Women (Prohibition) Act, 1986 says- “Indecent representation of women means
depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as
to have effect of being indecent, or derogatory to denigrating women or is likely to deprave, corrupt or
injure the public morality or moral”.

This section however, fails to give any attention to other derogatory messages and images not
explicitly indecent but more harmful and cause of increasing violence against women. For example,
television channels promoting detergent soaps depict women more or less as the sole washerwoman of
the family deserving value only when able to wash the clothing sufficiently clean. The inherent reasons
for treating women in India in such indecent manners are probably some or all of the followings -

1. Physiological differences:

Discriminations and inequalities against women in the sphere of social, economic, political and
cultural developments are generally justified with the plea of physiological differences between men and
women. This all prevailing notion is the main obstacle in visualizing a society with equal rights for man

22
and woman and to imagine a society where women flock are no longer thought to be born only for
household chores. The truth is that no household work is indeed women specific! Both, man and woman
are physiologically capable alike for all sorts of domestic works. There is absolutely no physiological
basis to think that capacities of women are inferior to that of men and to perpetuate with this plea the idea
of inequalities against them. However unpalatable for them, once men come to term with this truth they
will cease to devalue the domestic works which in turn is sure to usher respect and recognition for the
woman at home. There is urgent need for attitudinal and structural change in order to eliminate this kind
of inequality.

2. Gender Inequalities:

Women, for their gender alone are denied of equal access to the power structure that controls
society and determines development issues and peace initiatives. In addition, the practice of discrimination
on the basis of race, colour and ethnicity prevalent in some countries cause further inequality in the status
of women.

3. Fundamental resistance:

As a trend in general, any effort to raise the status of women and to eliminate discrimination
against them is resisted impulsively by the society. As a matter of fact, it results in unfruitful use of
women’s talent and waste of valuable human resources so essential for developments of the society and
enhancing the scope of peace. Guardians of the society is unmindful of the fact that the society becomes
the ultimate loser when talents of women are under-utilized due to such discriminations.

4. The wide spread gap between legislative changes and its effective implementation:

Even when legislative changes are introduced to promote marital or family status of women lack
of political and administrative will prevent its effective implementations and so the discrimination and
exploitations continue unabated. It is regrettable that under such circumstances more often than not
anybody who matters is seen to be willing to come forward and takes up the onus on to himself to
implement the changes. The law as a recourse does not automatically benefit all women equally because
of the socio-economic inequalities which in turn affects women’s knowledge of and access to the law and
their ability to exercise their entire legal rights without fear of incrimination or intimidation. Thus, the
lack of information on women’s right is also hampering the promotion of women’s right to equality.

23
5. Introduction of legislative changes with proper understanding of the relationship between
tradition and legal system:

In societies, traditional norms conflicting with the legal system at times may and does exist. For
example, customary provisions may have sanction for something which may be in conflict with the
provisions of law. In such cases, possible contradictions should be anticipated and attention must be paid
to ensure that it does not contain or imply any direct or indirect discrimination so that women’s right to
equality may be fully respected in that law.

6. Above all, there is still a deep-rooted resistance on the part of the conservative elements of the society
and this section of the society is not yet ready to bring in changes in attitude so essential to make a total
ban on discriminatory practices against women of every walk of life possible.

(B) Women are not treated as persons before law

If we examine the data of National Crime Record Bureau 2015, we find that in total 34,65123 rapes
were recorded in India. That is, per hour at least three rapes are being committed in this or that part of
India. It is evident from this rampant negligence to protect the dignity of the women of the land that
women in India are not treated as person before law. It is violation of Article 6 of Universal Declaration
of Human Rights, which says everybody has a right to be treated as a person before law.

There are numerous provisions in law that are discriminatory in nature and treat women in
inhuman ways. For example, section 304B, Indian Penal Code provides that the offender shall be punished
only when death is caused to a woman. Moreover, the incident under consideration needs to happen within
7 years of marriage and soon before the woman’s death. It appears that the Legislature presumes that
beyond 7 years of marriage there could not exist any apprehension arising out of demand of dowry. The
“Soon before death” phraseology is having numerous conjecture and capable of different negative
outcome. Further, Indian Penal code does not punish the act of neglecting a pregnant woman. According
to the provisions of The Sexual Harassment at Workplace Act the punishments given to employers for
failing to constitute an internal committee is only 50,000 rupees. Even, the offences under the Act are
non-cognizable24. There is no punishment here in the nature of imprisonment25. whereas, as a matter of
fact only an apprehension of imprisonment may deter a rich employer. These seem to be lacunas of the
Act.

23
NCRB, Table 1.6, page 20 of 22.
24
Section 27(3) of The Sexual Harassment of Women at Workplace Act,2013
25
Section 26 of The Sexual Harassment of women At Workplace Act,2013.
24
(C) Domination of women by the other family members is not natural

Although Aristotle says women are devoid of reason, or Manu, the Indian Jurist, says that women
are to be controlled by father at childhood, by husband during youth and by son during old age. 26
Previously, it was taken for granted that a husband has proprietary right over wife and even power to
impose corporeal punishment.

In the light of Constitutional equality for men and women this feudalistic notion does no more
hold ground. Domestic Violence Act, 2005 through order of Magistrate’s Court provide remedy to
criminal offence committed against women’s life, limb and property. Necessary help can also be extended
to file complaint under section 498A of Indian Penal Code by the violated women under Protection of
women from Domestic Violence Act,2005.27

The main reason for undue domination of women is their economic dependence upon other
members of the family. 13.4% of Indian working Women has a regular salaried job compared to 21.2%
of working men in the 15-59 age group.28 Women earn 56% of what their male colleagues earn.29

(D) Victim compensation scheme for women victims of crime has to be enacted.

As, complaint against crime is normally filed in trial Courts, provision of compensation for
violation of fundamental right alone is not enough. Legislation in the line of Criminal Ordinance 1944
(for giving compensation of crime like breach of trust and cheating etc.) needs to be enacted.30 Section
357A Criminal Procedure Code is not enough for giving compensation to women victims of crime.
According to this provision the amount of compensation to be given is discretionary by nature. Instead, a
more concerned legislation in the name and style of “Compensation Scheme for Women Victims of Crime
against Women” is here by suggested. Further, provision for interim compensation should be incorporated
in compensation schemes rather than awarding compensation at the end of the trial.

26
The interest generated by the husband’s right to beat his wife even inspired a book. (Anand S. Bhatnagar, Husband’s right
to Beat Wife, Allahabad Weekly Reporter office. Quoted in Jatindra Mohan Datta, “How far it is lawful to chastise the wife
under the Mahomedan Law” AIR 1940 Journal 25.
27
Section 5(e) Of the Protection of women From Domestic Violence Act, 2005.
Section 3 defines domestic violence among other things as harm or injury to health, safety, life, limb or wellbeing of a
woman from physical and mental aspect. Indian women can seek relief under this Act from Criminal Courts under
section26(1) of the Protection of women From Domestic Violence Act, 2005.
28
http//www.catalyst.org. Visited on 15.7.2016.s I.L. O Global employment trend 2014, Risk of jobless recovery (2014)
29
World economic forum “India” The Global Gender Gap Report 2015, (2014).
30
By C.T. Selvam, J in the High Court of Judicature at Madras, 3 rd February 2012 in Selvan v. State (By Inspector of Police)
provides that “Measures for recovery of proceeds of crime also are to be found in the Criminal law ordinance 1944”.
25
(E)Punishment given to women criminal should be a mixture of every punishment (suigeneris) but
stress shall be given to reformative approach.31

There should be special legislation for women victims as that is the mandate of Indian Constitution
Article 15(3). Various measures like externment, Public Censure, Community service and
Disqualification from office need to be initiated for women.

VIII: CONCLUSION AND SUGGESTION

Discrimination against women is galore in the society and inherent as well in the legal system. We
commit such offences both consciously and subconsciously. After carefully considering various chapters
of the thesis, it can be concluded that though, in recent times many favourable amendments have been
brought in the Indian gynocentric laws, yet various gaps still remain in the implementation process. The
recently introduced concept of legal feminism is a comparatively new perspective in the legal system and
is given shape through pathbreaking judgments, legislations and legal literatures representing women’s
point of view. Offences committed against women in India are varied in nature and dealt in under Indian
Penal Code along with other penal statutes like Dowry Prohibition Act, 1961, Sexual Harassment of
Women at Work Place etc. It can further be concluded that women in India are not treated as person before
law under various situations thus, violating Article 14, 15 and 21 of the Indian Constitution. Recently,
domestic violence committed against women, has been treated by Indian legislature not as a private affair
of the citizen but a public issue affecting the overall health of the state. Some remedial measures to tackle
the domestic violence have also been initiated, though, it has loopholes. While providing punishment to
the women offenders as well as giving therapeutic treatment to the women victims, it was found that
reformative approach is sine- qua-non-and further justified by Article 15 (3) of the Indian Constitution.
Moreover, compensation scheme initiated by the State is not women specific and compensation is given
after conclusion of trial only. Cases drag for years, and victims of acid attack as a result, don’t get interim
relief. According to the scheme enacted by West Bengal Government in 2012, framed under 357A of the
Code of Criminal Procedure, loss of life has been valued only as rupees two lakh. Unfortunately, crimes
like molestation and stalking have not at all been mentioned in the schedule. Thus, in providing justice to
women, restorative justice has to be properly implemented and fortified

31
Supra Note 3.
26
Some suggestions by the researcher are as follows:

1. First of all, sincere efforts in this regard have to be made to increase the awareness level of the
women of our country. Major portion of the women of our country, especially the village women, are not
aware of their rights. That being the case, it should not be expected that they will on their come forward
to claim or enjoy it!
2. Proper implementation of Human rights is another important requirement for curbing offence
against women.
3. Proper sex education should be started at an early age for boys and girls at school level. In that
case, they will be able to easily cope with the ensuing psychological and physiological changes in their
body and mind.
4. For the possible eradication of such crime from the root of the society - guardians, academic
institutions and local bodies should make coherent effort to initiate sensitization.
5. Politicians should make them familiar with the provisions of such rights need to be its sincere
messengers.
6. It is essential that the Police force be sensitive and more prompt.32
7. Prosecution needs to be faster.
8. Prison authorities need to conduct regular proper counseling program with priority.
9. Press need to exploit every opportunity to spread awareness about law.
10. There is an urgent need to increase the percentage of women serving in Police, Judiciary and in
the profession of law and such allied services.
11. As per findings, Section 304 B Indian Penal Code should be drafted more clearly.
12. Section 477 of Indian Penal Code should be amended to include punishment for destruction of
document of adoption for girl child.
13. Section 375 Of Criminal Amendment Act,2013 should be amended to include punishment for
husband for forcible sex with wife.
14. A repository should be constituted where data across the country shall be collected to record the
amount of compensations women received for crime committed against them.
15. According to Article 32 of the Indian Constitution, Parliament can empower local Courts to issue
writs. This power should be implemented by the Parliament to enable local trial Courts to deal with grave
crimes committed against women which amounts to violations of fundamental rights. As, for practical
reasons it is after all not possible for economically and educationally underprivileged women to approach
High Courts of their States let alone the Apex Court of India to get justice.

32
Supreme Court recently in a verdict (Lalita Kumari v. Govt. Of U.P. and others) laid down that F.I.R in a cognizable case
must be registered.
27
16. Some suggestions are made about the Medical Termination of Pregnancy Act, 1971.
1. Legislative reform:
a) The "over medicalisation" and "physician only" policy should be done away with. Pregnant
women's choice should be complemented with medical practitioner's opinion and not vice-versa. The
women should also decide the matter of "grave injury" and "physical and mental health." Further,
women should have a greater say as to what is regarded as "seriously handicapped." Such questions are
subjective and is totally dependent on medical practitioners' perspective and understanding of situation.
Hence, it should not be provider dependent and the woman and her family should articulate for legally
terminating the pregnancy.
b) Words like "grave injury," "substantial risk" and "seriously handicapped" should be
objectively defined. Little room should be left for personal discretion and choice. Interpreting these
provisions based on certain guidelines will also curb the high incidence of sex selective abortion.
c) Failure of contraception as a ground for terminating the pregnancy must be recognized for all
women irrespective of marital status. This provision should be available to all "pregnant women."
d) Keeping in mind the medical progress and changing morality and also for the healthy future
of the unborn, abortion should be legally allowed till 24 weeks gestation.
e) Beyond 24 weeks gestation abortion should be allowed in those circumstances where
continuing with the pregnancy would endanger the life of the pregnant women or if the child were born
would suffer from such abnormality that is considered incurable.
2. Curbing sex-selective abortion:
a) All future laws must be transparent and have a built-in checks and mechanism to curb female
feticide, while accommodating late abortions of grossly deformed fetuses.
b) A nationwide abnormality registry should be maintained. Any abortion beyond the gestation
in which the sex of the fetus is determined must be recorded. Further, The Medical Termination of
Pregnancy Act and Pre-Natal Diagnostic Regulation Act should work at tandem, especially in this
regard.
c) Maintaining nationwide registry could allow late abortions for abnormal fetuses provided all
these are followed by autopsies and any abuse of law is checked.
3. Comprehensive abortion care:
a) Abortion policies need to adhere to the most fundamentals of obligations, i.e., show respect
for the person. National norms and regulations need to protect the women's autonomy by enabling
environment to facilitate free and informed decision-making, confidentiality, and privacy.
b) Compassionate pre- and post-abortion counselling is neither required nor restricted by The
Medical Termination of Pregnancy Act and needs to be a part of comprehensive abortion care. Such

28
should be included to help the women to cope with anxiety, guilt, depression, and other shared/
unshared expression of psycho-social injury.
c) On-site contraceptive services should be available if the woman wishes to opt for post-
abortion contraceptive following counselling.
d) Accurate knowledge of legality of abortion and the right to secure safe, hygienic and legal
abortion facility should be widely disseminated in public interest through mass media. At societal level,
the community members, both men and women must be informed about the dangers women are exposed
to by approaching untrained providers for abortion services.33
4. International Obligations:
a) National policies should be developed in the lines of international commitment.34 Women
should have ready access to reliable information and compassionate counselling.35
Many of our social laws are dead statutes since they are not effectively enforced. It is often complained
that parliament continues to pass bills dealing with social change only to be "modern" and to keep up
with western world. The Medical Termination of Pregnancy Act also seems to be a victim of this
phenomenon.36 Many women still access abortion care outside the realm of The Medical Termination of
Pregnancy Act, either due to the lack of information about the legality of abortion or due to various
social reasons. The incidence of illegal abortion even after liberalisation of abortion laws for more than
35 years is as high as 5.5 million of 6.7 million 37of total induced abortion. Maternal Mortality Ratio
remains at 546 of 100,000 births.38The very purpose of the Act is defeated as maternal mortality and
morbidity continues to be high. It is high time to initiate discussion on the need of modifying the
existing Abortion Act and redraft its clauses from women's perspective. Any such move is expected to
receive big resistance from medical lobby. Hence, one of the challenge for the Ministry of Health and

33
Dr. Sandhya Barge, Availability and Access to Abortion Services in India: Myth and Realities. Centre for Operation Re-
search and Training (CORT).

34
India is a signatory to International Conference on Population and Development (ICPD), Cairo, Sep. 1994.

35
India is a signatory to International Conference on Population and Development (ICPD), Cairo, Sep. 1994.

36
Professor Ruthuswamy, retired professor of Madras University. Ref. by Savithri Chattopadhyay, 1974. Medical Termination
of Pregnancy Act, 1971: A Study of Legislative Process. Journal of the Indian Law Institute [vol. 16:4], At pg. 557.

37
K.G. Santhya, PhD and Shalini Verma, PhD, 2004. Induced Abortion: The current scenario in India. Regional Health Forum,
Vol. 8, Number 2, 2004. Also published in Looking Back, Looking Forward: A profile of Sexual and Reproductive Health in
India. Publication of Population Council, New Delhi, supported by WHO/SEARO.

38
K.G. Santhya, PhD and Shalini Verma, PhD, 2004. Induced Abortion: The current scenario in India. Regional Health Forum,
Vol. 8, Number 2, 2004. Also published in Looking Back, Looking Forward: A profile of Sexual and Reproductive Health in
India. Publication of Population Council, New Delhi, supported by WHO/SEARO.

29
Family Welfare is to induce such changes in The Medical Termination of Pregnancy Act without
making abortion a controversial issue.

SIGNIFICANCE OF THE STUDY:

Various offences committed against women under the Penal Code and other statutes are evaluated
in this work. Women under the liberal feminist theory claim equal rights as enjoyed by men. This is having
merit and demerit as well. Women are unaware that they wish to fulfill their dream in ways typical to
men. There is a need to eradicate biased views embedded in the social mindset from which even educated
and enlightened women are not free. The omnipresent belief that during menstruation women are impure
and so untouchable is one glaring example of such views. But if we try to be reasonable and apply our
analytical mind judiciously we can easily realise that it is a natural phenomenon with a very natural
intelligible purpose. Another flawed social concept is that women by wearing western clothes invite rape.
Though, the reality is that village women wearing ethnic dresses are being victimized alike. Even, it is
found that kids wearing frocks are not spared. Instead of depending on the influence from outside, the
all-important point in this regard is to make a sincere effort to reform the mindset from within. To set
forth the motion in the desired direction a paradigm change has to be introduced in the attitude of the
society in general along with that of the concerned administration, the police, doctors, lawyers and judges
in particular. For the sake of their own emancipation, victims too have to be forthcoming and should have
the courage to challenge. They should begin to genuinely believe that there is nothing to hide, and being
armed with the awareness of their legal rights and duties should put their right foot forward to free
themselves from this social bane. In India, feminist movement is unfortunately restricted to liberal
ideology which only claiming rights as men. It is the endeavor of the present research work to analyze
discriminatory laws and practices towards women. The work also attempts to point out and investigate
the appropriate steps uplifting the status of women. In the process, liberal equality, legal positivism is
deconstructed and reconstructed. Evidently, the role of law in the given context is expected to be
paramount.

LIMITATION OF THE STUDY:

The legal scholar is considering a few classes of situations as subjective illustrations which may
at times be hypothetical. In depth analysis of the topic substantiated by essential research is undertaken to
corroborate the theory. However, due to the dynamic and ever-changing nature of law this process may
lead us to some unpredictable situations. The study may also exclude some feminist issues which might

30
be at times too broad to be included in the proposed framework. As for example, section 43 of Indian
Penal Code defines “Illegal”, “Legally bound to do” –to include anything and everything which is
punishable by law or which paves the way for civil actions resulting in claim for damages. The research
topic here is concerned with and limited by the framework of Criminal law as an offence against the
society or person. We may also refer section 23 of Indian Penal Code” “Wrongful Gain” which
incorporates the concept that wrong itself is not punishable unless it is prohibited by law”. The research
is gyno-centric.

31
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32
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33
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38
 APPENDIX - I
- : BREAK UP OF COPMPENSATION RECEIVED BY WOMEN VICTIMS OF CRIMES : -
1 2 3 4 5 6
SERIAL Satisfaction Level is computed taking the maximum
ACID ATTACK STALKING RAPE MOLESTSTION DOWRY DEMAND
NUMBER permissible amount of compensation as given under
1 Disosed off 2015 =Rs. 3,00,000 Disposed off 2002 =Rs.10000 Disposed off 2007 =Rs. 0 Disposed off 2001 =Rs. 8000 Schedule - I of W.B. Compensation Scheme 2012 to be
2 Pending since 2004 =Rs. 0 None Found - Disposed off 2005 =Rs.15000 Disposed off 2007 =Rs. 0 Disposed off 2003 =Rs. 6000 Dowry Demand Compensation Satisfaction % Calculation
3 Pending since 2010 =Rs. 0 Disposed off 2005 =Rs.12000 Disposed off 2008 =Rs. 0 Disposed off 2007 =Rs. 5000 200000 100
At Contai Sub
4 Pending since 2010 =Rs. 0 Disposed off 2009 =Rs.20000 Disposed off 2009 =Rs. 3000 Disposed off 2009 =Rs. 5000 1 100/200000
- Division.
5 Pending since 2011 =Rs. 0 Disposed off 2010 =Rs.20000 Disposed off 2009 =Rs. 0 Disposed off 2009 =Rs. 6000 1193.548 (100/2000000)*1193.548
(Dist. - Purba
6 Pending since 2012 =Rs. 0 Disposed off 2013 =Rs. 5000 Disposed off 2010 =Rs. 0 Disposed off 2010 =Rs. 3000 =.60%
7 Pending since 2012 =Rs. 0 Medinipur) Disposed off 2014 =Rs.20000 Disposed off 2010 =Rs. 0 Disposed off 2011 =Rs. 4000
8 Pending since 2013 =Rs. 0 Disposed off 2015 =Rs.10000 Disposed off 2010 =Rs. 0 Pending since 2005 =Rs. 0
9 Pending since 2013 =Rs. 0 --- Pending since 2007 =Rs. 0 Disposed off 2011 =Rs. 0 Pending since 2005 =Rs. 0 Calculation for Pie Chart
10 Pending since 2014 =Rs. 0 --- Pending since 2007 =Rs. 0 Disposed off 2011 =Rs. 4000 Pending since 2006 =Rs. 0 100% 360◦
11 Pending since 2014 =Rs. 0 --- Pending since 2007 =Rs. 0 Disposed off 2012 =Rs. 0 Pending since 2006 =Rs. 0 12.50% 45◦
12 Pending since 2015 =Rs. 0 --- Pending since 2008 =Rs. 0 Pending since 2012 =Rs. 0 Pending since 2007 =Rs. 0 8.24% 29.664◦
13 --- --- Pending since 2008 =Rs. 0 Pending since 2013 =Rs. 0 Pending since 2007 =Rs. 0 1.166% 4.197◦
14 --- --- Pending since 2008 =Rs. 0 Pending since 2014 =Rs. 0 Pending since 2008 =Rs. 0 0.60% 2.16◦
15 --- --- Pending since 2009 =Rs. 0 Pending since 2015 =Rs. 0 Pending since 2008 =Rs. 0 77.49% 278.979◦
16 --- --- Pending since 2009 =Rs. 0 --- Pending since 2008 =Rs. 0
17 --- --- Pending since 2009 =Rs. 0 --- Pending since 2009 =Rs. 0
18 --- --- Pending since 2010 =Rs. 0 --- Pending since 2009 =Rs. 0
19 --- --- Pending since 2010 =Rs. 0 --- Pending since 2010 =Rs. 0
20 --- --- Pending since 2010 =Rs. 0 --- Pending since 2010 =Rs. 0
21 --- --- Pending since 2011 =Rs. 0 --- Pending since 2011 =Rs. 0
22 --- --- Pending since 2011 =Rs. 0 --- Pending since 2011 =Rs. 0
23 --- --- Pending since 2011 =Rs. 0 --- Pending since 2011 =Rs. 0
24 --- --- Pending since 2011 =Rs. 0 --- Pending since 2012 =Rs. 0
25 --- --- Pending since 2012 =Rs. 0 --- Pending since 2012 =Rs. 0
26 --- --- Pending since 2012 =Rs. 0 --- Pending since 2013 =Rs. 0
27 --- --- Pending since 2013 =Rs. 0 --- Pending since 2013 =Rs. 0
28 --- --- Pending since 2013 =Rs. 0 --- Pending since 2014 =Rs. 0
29 --- --- Pending since 2014 =Rs. 0 --- Pending since 2014 =Rs. 0
30 --- --- Pending since 2014 =Rs. 0 --- Pending since 2015 =Rs. 0
31 --- --- Pending since 2014 =Rs. 0 --- Pending since 2015 =Rs. 0
32 --- --- Pending since 2015 =Rs. 0 --- ---
33 --- --- Pending since 2015 =Rs. 0 --- ---
34 --- --- Pending since 2015 =Rs. 0 --- ---
TOTAL 300000 0 112000 7000 37000
AVERAGE 25000 0 3294.117647 466.6666667 1193.548387
AVERAGE
12.50% 0% 8.24% 1.166% 0.60%
SATISFACTION

39