2.6.1 Women: issues and laws notes

1. 2.6.1.1Status of women: patriarchy, reform-era laws, 'Towards Equality', sex ratio, CEDAW and Beijing

   Women's status in India has been shaped by patriarchy, by nineteenth-century reform laws and twentieth-century personal law reform, and by data such as the sex ratio; the 1974 "Towards Equality" report and the UN's CEDAW and Beijing framework set the modern agenda.

   Advanced · 9 min · Full course
2. 2.6.1.2Constitutional provisions and political representation: Articles 15(3), 39(d), 243D, 243T and the 106th Amendment

   The Constitution bans sex discrimination yet allows special provisions for women (Article 15(3)); it reserved one-third of local body seats for women in 1992, and the 106th Amendment (2023) extends one-third reservation to the Lok Sabha and State Assemblies after the next delimitation.

   Advanced · 8 min · Full course
3. 2.6.1.3Dowry, cruelty and domestic violence: Dowry Prohibition Act 1961, BNS provisions and the 2005 Act

   Dowry is banned by the 1961 Act; dowry death and cruelty by husband or in-laws are crimes under the BNS (Sections 80 and 85, formerly IPC 304B and 498A); the Domestic Violence Act, 2005 is a civil law giving quick protection, residence and money relief.

   Advanced · 8 min · Full course
4. 2.6.1.4Sexual harassment at work: Vishaka to the POSH Act 2013

   The Supreme Court's Vishaka guidelines (1997), built on CEDAW and Articles 14, 15, 19 and 21, governed workplace sexual harassment until the POSH Act, 2013 gave them statutory form through Internal and Local Committees.

   Advanced · 7 min · Full course
5. 2.6.1.5Criminal law and women: 2013 and 2018 amendments, BNS offences and acid attacks

   After the December 2012 Delhi gang rape, the 2013 amendment widened the law on rape and created offences such as acid attack, stalking and voyeurism; the 2018 amendment added the death penalty for rape of girls under 12; since 1 July 2024 these sit in the BNS, with procedure in the BNSS.

   Advanced · 8 min · Full course
6. 2.6.1.6Reproductive rights: Maternity Benefit Act, PCPNDT Act, MTP Act and Surrogacy Act

   Four laws shape women's reproductive lives: maternity leave (26 weeks since 2017), a ban on sex selection (PCPNDT), regulated abortion up to 20 or 24 weeks (MTP, amended 2021), and altruistic-only surrogacy (2021).

   Advanced · 8 min · Full course
7. 2.6.1.7Institutions and schemes for women: NCW, Mission Shakti, BBBP, PMMVY and Sukanya Samriddhi

   The National Commission for Women (1992) is the statutory watchdog for women's rights, and Mission Shakti (2022) is the umbrella for safety schemes (Sambal) and empowerment schemes (Samarthya), alongside BBBP, PMMVY and savings and credit schemes.

   Advanced · 8 min · Full course

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