LLB · Semester 6
Chaudhary Charan Singh University
Law Relating to Women and Child
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“Legal Position of Women in Different Eras”, the complete chapter, exactly as it appears in the full notes.
| Aspect | Early Vedic | Later Vedic / Smriti |
|---|---|---|
| Education | Upanayana; Vedic study; scholars (Gargi, Maitreyi) | Access reduced; confined to home |
| Marriage | Swayamvara; adult marriage; ardhangini | Child marriage rises; consent fades |
| Widowhood | Remarriage allowed | Ascetic life; remarriage barred; Sati |
| Religion | Wife essential for yajna | Ritual role subordinate |
| Property | Stridhan + some inheritance | Stridhan only; control passes to male guardian |
| Law | What it does |
|---|---|
| Bengal Sati Regulation, 1829 | Declared Sati illegal in Bengal Presidency (extended to others in 1830) — punishable as culpable homicide. Raja Ram Mohan Roy campaigned. |
| Commission of Sati (Prevention) Act, 1987 (added; standard) | Passed after Roop Kanwar case (Deorala, Rajasthan, 1987). Attempt to commit Sati punishable; abetment of Sati = death or life imprisonment; glorification punishable; special courts; property of those who glorify can be forfeited. |
| Reform (Guide) | Detail | Key person / trigger |
|---|---|---|
| Abolition of Sati (1829) | Declared illegal, punishable as culpable homicide | Lord William Bentinck; Raja Ram Mohan Roy |
| Hindu Widows’ Remarriage Act, 1856 | Legalised remarriage of Hindu widows — help for “child widow” | Ishwar Chandra Vidyasagar |
| Age of Consent Act, 1891 | Age of consent for sexual intercourse (even within marriage) raised 10 → 12 | Death of Phulmoni Das (10-yr-old) |
| Child Marriage Restraint Act, 1929 (Sarda Act) | Minimum age of marriage: girls 14, boys 18 | Harbilas Sarda |
| Hindu Women’s Right to Property Act, 1937 | Limited inheritance for widows in joint-family property | — |
| Government of India Act, 1935 | Wider franchise + reserved seats for women in legislatures | Sarojini Naidu, Annie Besant advocacy |
| Basis | Medieval | British (pre-independence) |
|---|---|---|
| Legal framework | Religious texts, customs & patriarchal norms | Codified laws & formal legal system; State intervenes in social issues |
| Social evils | Sati, child marriage, purdah widespread; widow remarriage discouraged | Addressed by legislation — Sati banned 1829, widow remarriage 1856, child marriage restricted 1929 |
| Legal identity | Dependent on father/husband/son; no independent identity | Gradual recognition as legal individual |
| Property | Minimal; economic dependence | Some gain — 1937 Act (still unequal) |
| Education | Largely denied; household role | Beginning through reformers & missionaries |
| Reformers | No significant reform movement; resistant to change | Roy, Vidyasagar — State supported through law |
| Political life | Excluded (rare exceptions: Razia Sultan) | Participation in freedom struggle — Naidu, Besant |
| Engine | Key points (Guide + added) |
|---|---|
| Constitution (1950) | Art 14 equality · Art 15(1) no discrimination on sex · Art 15(3) special laws for women & children · Art 16 equal opportunity in public jobs · universal adult franchise from first election (many countries made women fight for decades) |
| Laws | Hindu Marriage Act 1955 (marriage, divorce, maintenance) · Hindu Succession Act 1956 (amended 2005 — daughters equal) · Dowry Prohibition Act 1961 · Maternity Benefit Act 1961 · PWDVA 2005 · POSH Act 2013 |
| Judiciary | Vishaka (SC created workplace guidelines before any law) · Shah Bano & Triple Talaq (Shayara Bano) — Muslim women’s maintenance & divorce rights |
| Political participation | Right to vote & contest · Indira Gandhi, Sarojini Naidu, Sucheta Kriplani · 1990s Panchayati Raj amendments reserved seats for women |
| Basis | Pre-independence (British) | Post-independence |
|---|---|---|
| Legal system | Partly codified; influenced by personal laws & colonial policy | Comprehensive framework — Constitution ensures equality & fundamental rights |
| Social evils | Child marriage, dowry, discrimination persisted; weak implementation | Stricter laws + awareness; decline in child marriage & dowry (still exist) |
| Legal status | Limited recognition; reforms gave some protection | Equal citizens; Arts 14, 15, 16, 21 |
| Property | Limited (1937 Act) | Equal rights; 2005 Amendment — daughters equal coparceners |
| Education | Reform/missionary-led; urban, limited | Large expansion; universal education policy; Art 21A |
| Role of State | Gradual intervention | Central, active — laws, policies, welfare schemes |
| Political | Participation in freedom struggle; limited representation | Vote & contest; reservation in local bodies |
Chapter by chapter, mapped to the LLB Semester 6 syllabus.
About the Law Relating to Women and Child paper and these notes.
The notes cover the legal position of women from ancient to post-independence India, women's rights under the UN and CEDAW, women's rights under the Constitution, stridhan and property rights, triple talaq, reproductive rights and the Dowry Prohibition Act, penal remedies for cruelty, dowry death, domestic violence, rape and workplace sexual harassment, and child rights including the Juvenile Justice Act and POCSO.
CEDAW is the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly in 1979. The notes explain its objectives and structure, the Commission on the Status of Women, and how CEDAW has shaped Indian cases and laws.
In Vishaka v. State of Rajasthan (1997) the Supreme Court laid down guidelines against sexual harassment of women at the workplace, which later became the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The notes explain the meaning of sexual harassment under section 2(n) of the POSH Act and the later developments.
The notes cover the definitions of domestic violence and shared household and the reliefs under sections 17 to 22 of the Protection of Women from Domestic Violence Act, 2005: the right to reside, protection orders, residence orders, monetary relief, custody orders and compensation, with cases on shared household, live-in relationships and who can be a respondent.
The notes explain the need and features of the Protection of Children from Sexual Offences Act, 2012, the offences and punishments after the 2019 amendment, the procedure for reporting, recording statements, special courts and the presumption of guilt, and the case law on the Act.
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