LAW RELATING TO WOMEN’S EMPOWERMENT
V.SAROJINI, Advocate/Notary Public (Govt of India)
High court, Chennai.
Introduction:
Men can build a building but women only make it as home. Not only home even for a Nation becomes beautiful where the women’s are treated with equality and great respect. Women’s are the power of nation. In our country Law helps, protects, and saves the Empowerment of women’s from abuse in many ways, let’s see in brief.
The Relevant statute:
To prevent the violence against women which increased day by day, the Government of India has enacted new statute called The Protection of Women from Domestic Violence Act, 2005. Prior to this Act we have some allied and relevant law likewise Section 303-B and 498-A, IPC, Section 112 and 113-B of Indian Evidence Act, Section 125 of Criminal Procedure Code, Dowry Prohibition Act, Hindu Marriage Act, 1955, Muslim Women (Protection of Rights on Divorce) Act, 1986, The Medical Termination of Pregnancy Act, 1971, The Maternity Benefit Act, 1961, Immoral Traffic (prevention) Act, 1956, The Commission of Sati (prevention) Act, 1987, etc., All this act’s are aimed only to saves, helps and prevent the women from all the troubles and leads to give the Empowerments of women.
The Punishments:
A] Cohabit:
It an offence to Cohabit with a woman after inducing a belief of marriage in her, the said act may be regarded immoral by society also. Law says every man who by deceit Cohabits with a woman who is not his wife on the assurance that they are a legally married couple is liable to be punished with imprisonment up to 10 years Under Indian Penal Code.
B] Violence:
Violence against women is not a new phenomenon. Women have to bear the burns of Domestic, Public, Physical as well as Emotional and mental violence against them, which is, to a large extent, linked to her status in society. The statistic of increasing crimes against women is shocking - The same should be punishable under either Domestic Violence Act which provide imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both nor under section 498A of I.P.C. or the Dowry Prohibition Act, 1961, as the case may be.
C] Sexual Harassment at All the Work Places:
Supreme Court says “each incident of sexual harassment at the place of work results in violation of the fundamental rights to gender equality and right to life and liberty”. TheUnion Cabinet approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill, 2010 in the Parliament to ensure a safe environment for women at work places, both in public and private sectors whether organised or unorganized. The measure will help in achieving gender empowerment and equality. The sense of security at the workplace will improve women’s participation in work, resulting in their economic empowerment and inclusive growth. Employers who fail to comply with the provisions of the proposed Bill will be punishable with a fine which may extend to ` 50,000.
D] Rape:
A man is said to commit "rape" that, has sexual intercourse with a woman under circumstances of against her will, without her consent, or with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt or believes herself to be lawfully married and With or without her consent, when she is under sixteen years of age. The said act was punished under section 376 Indian Penal Code with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both and the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
E] Acid Violence:
In 2013, India introduced amendment to the Indian Penal Code through the Criminal Law (Amendment) Act, 2013, making acid attacks a specific offence with a punishment of imprisonment not less than 10 years and which can extend to life imprisonment and with fine. Section 114 B of Evidence Act for Presumption as to acid attack. FurtherSection 326 of the I.P.C, which deals with causing grievous hurt by throwing of a corrosive substance etc. is insufficient/ inadequate to deal with the issue.
Conclusion:
Severe punishment prevents offence, which result women to lead her life with liberty. Law and justice always open its door to facilitate the women’s empowerment so without any hesitations victim be knock the door and thus help the judiciary to punish the offender. Apart from the above said judicial punishments, every woman must have her own courage to fight the violence against her. Women empowerment depends on the in-time punishment to the accused, so with the help of law and personal guts of women, our society surely achieves the real empowerment for women.
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