1. WOMEN EMPOWERMENT & CRIMINAL
LAWS: A CRITICAL STUDY WITH
REFERENCE TO CRIMINAL LAW
(AMENDMENT) ACT, 2013
2. The Criminal Law (Amendment) Act, 2013 was enacted in India in response to
the gang-rape of a young woman in Delhi in December 2012, which had sparked
nationwide protests and demands for stricter laws to deal with sexual offenses.
In April 2013, the Act went into effect after being approved by the Indian
Parliament in March 2013. In order to provide for tougher penalties and better
protection for women against sexual offences, it changed various parts of the
Indian Penal Code, the Code of Criminal Process, and the Indian Evidence Act.
Some of the key provisions of the Act include:
The definition of rape was widened to include acts such as penetration with
any object, and the insertion of objects or body parts into the private parts of a
woman.
The minimum punishment for rape was increased from seven to ten years, and
it can now go up to life imprisonment or even the death penalty in some cases.
New offenses such as stalking, acid attacks, and voyeurism were added to the
Indian Penal Code, with stringent punishment provisions.
The Act also made it mandatory for the police to register an FIR in cases of
sexual offenses, and it provided for the appointment of special public prosecutors
to handle such cases.
INTRODUCTION
3. An important step in tackling the issue of violence
against women in India was taken with the passing of
the Criminal Law (Amendment) Act, 2013. But these
laws are misused by some women for personal gain or
to settle scores, which can be detrimental to the cause
of women's empowerment. The legal system must
ensure that these laws are implemented fairly and
justly, and that the rights of both victims and the
accused are protected. Misuse of these laws should be
dealt with firmly, and the legal system should take
appropriate steps to prevent such misuse.
4. REVIEW LITERATURE ON WOMEN EMPOWERMENT
Women empowerment has been a topic of discussion and research for many
years, and a significant amount of literature has been published on this subject.
Here is a review of some of the key themes and findings from the literature:
• Legal Provisions For Women Empowerment In India Dr.Saba Yunus,
and Dr.Seema Varma said Within the framework of a democratic polity, our
laws, development policies, Plans and programmes have aimed at women‘s
advancement in different spheres. However, there still exists a wide gap
between the goals enunciated in the Constitution, legislation, policies, plans,
programmes, and related mechanisms on the one hand and the situational
reality of the status of women in India, on the other.
• RIGHTS :A Comprehensive Guide to Women’s Legal Rights Prepared
by For Indian Institute of Technology, Kanpur Legal Training
Workshop November 1 – 3, 2018
5. RESEARCH OBJECTIVES
To trace the historical background of women
empowerment laws.
To analyze the legal framework of laws related to
Women Empowerment.
To analyse the efficiency, issues and challenges of
Criminal Law (Amendment) Act 2013 in current
scenario.
To review the Judicial response to laws on women's
empowerment in light of Criminal Law (Amendment)
Act 2013.
To suggest the remedial measures.
7. RESEARCH METHODOLOGY
The methodology is proposed to be consulted is basically analytical
in nature. The secondary sources is proposed to be consulted to
carry out the research. Doctrinal method is adopted to explore the
objectives of the research. To gain a deeper grasp of the situation,
the research will also consult books, papers, and journals produced
by authorities on the relevant topic. As a result, the analytical
framework would be used to critically evaluate all the materials
gathered.
8. SCOPE & LIMITATION
The Study is time bound and it will be limited to the critical
analysis of following Laws related to Women Empowerment
only viz., changes made by provisions added by Criminal Law
Amendment Act, 2013 viz. Rape, Acid Attacks, and Stalking
9. CHAPTER 1
INTRODUCTION
Women's empowerment is the process of giving women the information, opportunity, and
tools they need to take charge of their life and make decisions that have an impact on their
communities, families, and families. By removing the societal and cultural barriers that
prevent women from fully participating and reaching their potential in all spheres of life,
we may create an atmosphere where they can exercise their agency and realize their
potential.
Women's empowerment aims to overcome the gender disparities that women experience
in a variety of spheres of life, including access to jobs, healthcare, education, and
politics. It involves increasing women's ability and self-assurance to take part in
decision-making, assert their rights, and assume leadership positions.
The social, economic, and political status of women can change significantly as a result
of their empowerment, which can also benefit their families and communities. In order
to achieve gender equality, encourage inclusive economic growth, combat poverty, and
create more just, affluent, and equitable society, women must be empowered.
10. CHAPTER 2
HISTORICAL BACKGROUND AND STATUS OF WOMEN EMPOWERMENT
The many feminist movements that occurred in the 19th and 20th centuries are where the idea
of women's empowerment finds its origins. These movements aimed to address the gender
disparities and prejudice that women experience in a number of spheres of life, including as
politics, employment, and education.
Suffragette activism, which pushed for women's voting rights, was one of the first feminist
movements. The late 19th and early 20th centuries saw the movement pick up steam, and in
1920, the 19th Amendment to the US Constitution was passed, allowing women the right to
vote.
The second wave of feminism evolved in the middle of the 20th century, focusing on a wider
range of issues, such as domestic violence, workplace discrimination, and reproductive rights.
The Fair Pay Act, which outlawed wage discrimination based on sex and was passed in 1963,
was one of the movement's major achievements for women.
11. The goal of women's empowerment evolved in the late 20th and early 21st centuries to the
advancement of gender equality and women's participation in decision-making. The Fourth
World Conference on Women in 1995 adopted the Beijing Declaration and Platform for Action,
which listed 12 crucial issues for women's empowerment, including women's access to
economic.
Women's empowerment is still a crucial topic today, and there is a rising focus on intersectional
strategies that address the particular difficulties that women from various social, economic, and
cultural backgrounds confront. healthcare and financial possibilities.
12. STATUS OF WOMEN IN INDIAN SOCIETY
For many years, there has been debate and discussion over the status of women in Indian
society. Women still confront several obstacles and injustices, despite recent major progress.
Violence is one of the biggest issues that women in Indian society face. Domestic abuse,
sexual harassment, and sexual assault are crimes that affect women disproportionately, and
the legal system frequently fails to adequately address these offences.
With the gender wage gap continuing and women being underrepresented in leadership
roles in both the public and private sectors, women also experience discrimination and
harassment at work.
Another area where women in India have historically encountered obstacles is in education.
Although though women's literacy rates have greatly increased over time, there is still a
sizable literacy gap between men and women. Obtaining higher education and pursuing
employment in historically male-dominated fields are also significantly hampered for
women.
13. Another area where advancement has been gradual is women's political engagement. Only a
small fraction of seats in the parliament and state legislatures are held by women, undermining
the representation of women in positions of political leadership.
Notwithstanding these difficulties, there have been some encouraging advancements recently.
The government has started a number of programmes to support women's empowerment, such
as the Beti Bachao Beti Padhao (Save the Daughter, Educate the Daughter) programme, which
aims to raise awareness and enhance the status of girls and women.
In addition to encouraging women's leadership and involvement in decision-making processes,
civil society organisations and grassroots movements have also played a significant role in
promoting gender equality and women's rights.
14. CHAPTER 3
LEGAL FRAMEWORK REGARDING WOMEN EMPOWERMENT
In India, the laws related to women are classified into two categories, which are:
Under the Indian Penal Code 1860, the following crimes against women are identified:
• Torture (Section 498A);
• Provisions incorporated by Criminal Law Amendment Act, 2013
15. CHAPTER 4
An Analysis of Criminal Law (Amendment) Act 2013: Issues & Challenges
While women empowerment laws and policies are designed to promote gender equality and
protect women's rights, there have been cases where these laws have been misused or
exploited. Some of the ways in which women empowerment laws have been misused
include:
False accusations: Women empowerment laws such as the Protection of Women from
Domestic Violence Act and the Sexual Harassment of Women at Workplace Act have
been misused by some women to make false accusations against men. These false
accusations can ruin a man's reputation, career, and personal life, and can also put undue
pressure on the legal system.
Vindictive complaints: In some cases, women have filed complaints against men out of
vengeance, using women empowerment laws as a tool to settle personal scores.
Divorce and custody battles: In divorce and custody battles, women have been known
to falsely accuse their husbands of domestic violence or sexual harassment to gain an
advantage in court.
