This document discusses legal safeguards and provisions for women in India. It outlines how the Indian Constitution enshrines gender equality and allows for positive discrimination for women. Key constitutional provisions for women regarding equality before the law, equal opportunities, adequate livelihood, maternity relief and political representation are summarized. The document also discusses laws for crimes against women under the Indian Penal Code and special laws, as well as amendments made to evidence collection and trial procedures to better protect women. Honor killings are discussed as a violation of women's human rights.

1. LEGAL SAFEGUARDS

2. INTRODUCTION
Social change is an inevitable phenomenon of every society because social
conditions never remain static.
Social change whether it comes through legislation or through judicial
interpretation indicates the change in accepted modes of life, or perhaps a
better life.
• The changing pattern does have an impact on the laws and life of a given
society, the law must keep pace with the changing socio-economic trends,
and political movements of the society, while at the same time preserving
the necessary balance between individual rights and duties.
• Thus, law and justice provide a potential force for the attainment of a
progressive social change.

3. STATUS OF WOMEN
• The exalted status of Indian women in ancient days suffered a setback in the medieval
period. Social economic and political factors played a major role in their suppression.
Social inhibitions and discriminatory practices against them continued to exist during the
‘enlightened’ and ‘civilized’ imperial rule.
• The leadership of the independent movement was, however, committed to accord equal
status to women and give them a place of honor, and dignity in the society. Accordingly, the
constitution – the fundamental law- has emerged out of the constituent assembly, treated
both men and women equally and also provided for protective discrimination for women in
view of their peculiar position in human society

4. IMPORTANT CONSTITUTIONAL AND LEGAL
PROVISIONS FOR WOMEN IN INDIA
• The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles.
• The Constitution not only grants equality to women but also empowers the State to adopt
measures of positive discrimination in favor of women.
• Within the framework of a democratic polity, our laws, development policies, plans, and
programmes have aimed at women’s advancement in different spheres.
• India has also ratified various international conventions and human rights instruments
committing to secure equal rights of women.
• Key among them is the ratification of the Convention on Elimination of All Forms of
Discrimination Against Women (CEDAW) in 1993.

5. CONSTITUTIONAL PROVISIONS
• The Constitution of India not only grants equality to women but also empowers the State
to adopt measures of positive discrimination in favor of women for neutralizing the
cumulative socio-economic, education and political disadvantages faced by them.
• Fundamental Rights, among others, ensure equality before the law and equal protection
of the law; prohibits discrimination against any citizen on grounds of religion, race, caste,
sex or place of birth, and guarantee equality of opportunity to all citizens in matters
relating to employment.
• Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific
importance in this regard.

6. CONSTITUTIONAL PRIVILEGES
• (i) Equality before the law for women (Article14).
• (ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them (Article 15 (i)).
• (iii) The State to make any special provision in favor of women and children (Article 15 (3)).
• (iv) Equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State (Article 16).
• (v) The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and
women (Article 39(d)).
• (vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable
legislation or scheme or in any other way to ensure that opportunities for securing justice are
not denied to any citizen by reason of economic or other disabilities (Article 39 A).

7. • (vii) The State to make provision for securing just and humane conditions of work and for maternity relief
(Article42).
• (viii) The State to promote with special care the educational and economic interests of the weaker sections of
the people and to protect them from social injustice and all forms of exploitation (Article 46).
• (ix) The State to raise the level of nutrition and the standard of living of its people (Article 47).
• (x) To promote harmony and the spirit of common brotherhood amongst all the people of India and to
renounce practices derogatory to the dignity of women (Article 51(A) (e)).
• (xi) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled
Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat
to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat
(Article243 D(3)).
• (xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be
reserved for women (Article 243 D (4)).
• (xiii) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled
Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every
Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a
Municipality (Article 243 T (3)).
• (xiv) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes
and women in such manner as the legislature of a State may by law provide (Article 243 T (4)).

8. LEGAL PROVISIONS
• (1) The Crimes Identified Under The Indian Penal Code (IPC)
• (2) The Crimes Identified Under The Special Laws (SLL)
• A. Labour Laws
• B. Personal Laws
• C. Other Penal Laws

9. (1) THE CRIMES IDENTIFIED UNDER THE
INDIAN PENAL CODE (IPC)
Section 313 - Causing miscarriage without women's
consent
Section 314 - Death caused by act done with intent to
cause miscarriage.
Section 304B - Causing Dowry death
Section 306 - Abetment to commit suicide by women.
Section 354 - Assault or criminal force to women with
intent to outrage her modesty.
Section 354 A - Sexual harassment and punishment for
sexual harassment/
Section 354 B - Assault or use of criminal force to
women with intent to disrobe her.
Section 354 C - Capturing the image of a women
engaged in a private act and watching her.
Section 354 D - Following a women and coming in
contact with her and touching her and other
amorous advances against her disinterest
Section 366 - Kidnapping, abducting or inducing
women to compel her marriage, etc
Section 372 - Selling minor for purposes of prostitution,
etc.
Section 373 - Buying minor for purposes of prostitution,
etc.
Section 376A - Punishment for causing death of rape
victim or resulting in persistent vegetative state of
victim may end in death sentence.
Section 376 C - Sexual intercourse by a person in
authority and punishment may end in life sentence.
Section 376D - Gang rape and punishment may end in
life sentence.
Section 376E - Punishment for repeated offenders which
may end in death sentence.
Section 498A - Husband or relative of husband of
women subjecting her to cruelty.
Section 509 - Word, gesture or act intended to insult the
modesty of a woman.
Section 326A - Voluntarily causing grievous hurt by use
of acid, etc.

10. AMENDMENTS IN EVIDENCE ACT
• Indian Evidence Act, a provision has been made under
• section 114 (B) to draw presumption by the court (the Court shall presume) regarding
dowry death and mental and physical cruelty shown to women by her In-laws. Section
• 113 (A) was added in Evidence Act that the court shall presume about the abetment of
suicide by married woman if she was subjected to cruelty and harassment prior to her
death, within 7 years of marriage.
• In rape cases the character, past sex life of the victim lady is not relevant during trial
after amendment of the law.

11. AMENDMENTS MADE IN CODE OF CRIMINAL
PROCEDURE(CRPC)
• In relation to commission of sexual crimes on women as amended in IPC provisions, the
information under section 154 of Cr p.c. (FIR) regarding the offence shall be recorded
by a women police officer.
• Similarly the statement of women regarding commission of the offences like outraging
her modesty and making her naked etc are to be recorded under section 161 of CrPC
by a women police officer.
• According to section 309 of CrPC now in relation to rape cases, the enquiry or trial
should be completed within two months from the date of charge sheet.
• Section 357 of CrPC mandates that the victims of sexual offences are to be treated at all
public and private hospitals who shall immediately inform the police about such
incident.

12. • The Supreme Court has asked to tackle women's molestation on three different levels.
• 1. Specially, it has directed that states and Union territories to post women police officers
in plainclothes across public spaces, from train stations to malls, and set up CCTV
cameras in such locations too.
• 2. emphasizing communication, the Supreme Court wants special help-lines to be
instituted enabling women to report such crimes.
• 3. it has broadened the ambit of responsibility from the victim alone, demanding that
drivers or other employees in public transport help a molested woman report the crime -
or face their permit being cancelled.
• All these measures are crucial in underlining the fact that molestation is an extremely
serious crime towards which there must be no public apathy or tolerance

13. (2) THE CRIMES IDENTIFIED UNDER THE
SPECIAL LAWS (SLL)

14. HONOR KILLING IS A BLATANT VIOLATION OF
HUMAN RIGHTS OF WOMEN
• Regarding honour killings, both the girl and boy who are married against the wishes of their parents,
community and cast members are killed brutally and particularly the girls are the greatest casualty
by the decision of Khap Panchayat of the concerned area in Rajasthan, Haryana.
• This persist in-spite of the Supreme Court's anxiety and because police and state agencies fail to
take them seriously.
• On 25.11.2012, UN Secretary General addressed to member countries to implement the law
effectively for elimination of violence and discrimination against women and girls across the globe
which is a step forward for protection of human rights and gender justice and to observe the day.
• In this context, it is gratifying to note that in Afghanistan, after Taliban regime came to power in
nineties, women's right and gender justice was unheard of but now slowly the voice for feminism
and women's right is gaining momentum.
• Therefore, besides India, in the global context, women empowerment, and gender justice and their
legal rights to be heard, to participate and their right of development, has been recognized which
has opened a new vista for a new world order based on the principles of equality, both man and
women alike

15. SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE
• Regarding sexual harassment of women at work places, the Supreme Court in the case of
Vishaka vs. State of Rajasthan (AIR,1997, 3011), issued guidelines and directives till
legislation is made on the subject by Parliament to curb such offences,
• Article-142 of our constitution says in clear terms that "the Supreme Court in the
exercise of its jurisdiction may pass such decree or make such order as is necessary for
doing complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India"
• The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal)
Act, 2013.
• ICC and LCC

16. FEMALE FOETICIDE
• It is unfortunate that female foeticide is perhaps one of the worst forms of violence against
women where a woman is denied her most basic and fundamental right i.e. "the right to life".
• As a result of selective abortion between 35 and 40 million girls and women are missing from
the Indian population.
• In some parts of the country, the sex ratio of girls to boys has dropped to less than 800:1000.
• The United Nations has expressed serious concern about the situation.With the advancement of
medical technology, sophisticated techniques are now rather misused to get rid of girl child
before birth.
• The Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,
1994 ( in short PCPNDT Act)
• The Medical Termination of Pregnancy Act, 1971

17. OTHERS
• Immoral Traffic (Prevention) Act, 1956
• Indecent Representation of Women (Prohibition) Act, 1986
• Commission of Sati (Prevention) Act, 1987
• Dowry Prohibition Act, 1961
• The Prohibition of Child Marriage Act,2006
• The Protection of Women from Domestic Violence Act, 2005

18. LABOUR LAWS
• Although all laws are not gender-specific, the provisions of law affecting women significantly have
been reviewed periodically and amendments carried out to keep pace with the emerging
requirements. Some acts which have special provisions to safeguard women and their interests are:
• (i) The Employees State Insurance Act, 1948
• (ii) The Plantation Labour Act, 1951
• {iii) The Maternity Benefit Act, 1961 (Amended in 1995)
• Iv) The Contract Labour (Regulation and Abolition) Act, 1976
• (v) The Equal Remuneration Act, 1976
• The Factories Act, 1945

19. PERSONAL LAWS
• The Family Courts Act, 1954
• The Special Marriage Act, 1954
• The Hindu Marriage Act, 1955
• The Hindu Succession Act, 1956 with an amendment in 2005
• The Foreign Marriage Act, 1969
• The Divorce Act, 1869
• The Parsi Marriage Act
• The Islamic Personal Law

20. GOVERNMENT SCHEMES AND POLICIES
• Mahila E-haat. ...
• Beti Bachao, Beti Padhao. ...
• One Stop Centre Scheme. ...
• Working Women Hostels. ...
• Swadhar Greh. ...
• STEP. ...
• Nari Shakti Puruskars.

21. 1. MAHILA E-HAAT
• It is a direct online marketing platform launched by the Ministry of Women and Child
Development to support women entrepreneurs, Self Helf Groups (SHGs) and Non-
Governmental Organisations (NGOs) to showcase products made and services
rendered by them.This is a part of the 'Digital India' initiative
• Women can register themselves at www.mahilaehaat-rmk.gov.in and leverage
technology for showcasing their work to a broader market.

22. 2. BETI BACHAO, BETI PADHAO
• This is a social campaign aimed at eradication of female foeticide and raising awareness on welfare
services intended for young Indian girls.The "Save the Girl Child" movement was launched on 22
January 2015, it is a joint initiative run by the Ministry of Women and Child Development, the
Ministry of Health and Family Welfare and the Ministry of Human Resource Development.
• Beti Bachao, Beti Padhao - The scheme was launched with an initial funding of Rs 100 crores.
• It mainly targets the clusters in Uttarakhand, Bihar, Uttar Pradesh, Punjab, Delhi and Haryana. In
India, the child gender ratio in the age group of 0 - 6 years stood at 931 girls for 1000 boys and it
dropped to 918 girls for every 1000 boys in 2011.
• Sex - selective abortion or female foeticide in India has led to the sharp decline in the ratio of girls
born in contrast to the boys in some states in the country.
• The wide gap in child gender ratio was first noted in 1991 when the national census data was
released and it turned out to be a worsening problem after the release of 2001 national census data.

23. 3. ONE STOP CENTRE SCHEME
SAKHI
• it was implemented on 1st April 2015 with the 'Nirbhaya' fund.
• The One Stop Centres are established at various locations in India for providing
shelter, police desk, legal, medical and counselling services to victims of violence
under one roof integrated with a 24-hour Helpline.
• The toll-free helpline number is 181.
• These centres can be contacted for: Emergency Response and Rescue Services
Medical assistance Assistance in lodging FIR /NCR/DIR Psycho - social support/
counselling Legal aid and counselling Shelter Video Conferencing Facility to record
statement for police/ courts

24. 4. WORKING WOMEN HOSTELS
• The objective of the scheme is to promote the availability of safe and conveniently
located accommodation for working women, with daycare facility for their children,
wherever possible, in urban, semi-urban, or even rural areas where employment
opportunity for women exist.
• Further details of the Working Women Hostel Scheme can be accessed on the
Department of Women and Child Development's official website

25. 5. SWADHAR GREH
• The Swadhar scheme was launched by the Union Ministry of Women and Child
Development in 2002 for rehabilitation of women in difficult circumstances.The
scheme provides shelter, food, clothing and care to the marginalized women/girls
who are in need.
• The beneficiaries include widows deserted by their families and relatives, women
prisoners released from jail and without family support, women survivors of natural
disasters, women victims of terrorist/extremist violence etc.The implementing
agencies are mainly NGOs.

26. 6. STEP
• The Support to Training and Employment Programme for Women (STEP) Scheme
aims to provide skills that give employability to women and to provide competencies
and skill that enable women to become self-employed/ entrepreneurs.
• A particular project will be for a duration of up to 5 years depending upon the nature,
kind of activities and the number of beneficiaries to be undertaken.
• Sectors include Agriculture, Horticulture, Food Processing, Handlooms,Tailoring,
Stitching, Embroidery, Zari etc, Handicrafts, Computer & IT enable services along
with soft skills and skills for the workplace such as spoken English, Gems & Jewellery,
Travel & Tourism, Hospitality, etc.