Baba Saheb Ambedkar

Education University
Course VI(1.4.6)
Sem IV Session 2022-
2024
Name- Avirup Banerjee
Roll-080202-22085
Registration no: 22-
08020-056
 Topic Name-
prepare a Presentation on laws
related to Rape, Dowry re-
marriage, divorce, property
inheritance, trafficking e.t.c
Rape Meaning and
Definition A man is said to have committed the offence of rape, under the
following circumstances;
“Rape, as it is generally
defined, is an untoward, • Clause (a) – If he inserts his penis, to any extent, in a woman’s
unwanted and non- vagina, mouth, anus, or urethra, or if he in any way forces or
consensual sexual act or makes a woman to do any such thing with him or any other
behaviour of a man person; or
towards a woman or • Clause (b) – If he inserts any object or a part of his body (not
another man.” An act of being the penis), to any extent, in the vagina, anus, or urethra, or
gross violation of the forces a woman to do so with him or any other person; or
autonomy of one’s body is • Clause (c) – If any man manipulates in any manner any part of a
what the heinous crime of woman’s body, to cause such penetration, in the vagina, anus, or
rape is. urethra, or forces a woman to do so with him or any other
person; or
• Clause (d) – applies or forces his mouth to the vagina, anus, or
urethra of a woman, or forces a woman to do so with him or any
other person,
 Rape Laws in India
Sexual intercourse by a male with a woman against her will and without her
agreement in any of the seven circumstances listed below constitutes rape
under Section 375 of the Indian Penal Code:

• Against her will.

• Without her consent.
• With consent obtained by putting her or any other person in whom she is
interested in fear of death or of hurt,
• With consent but given under the misconception of fact that the man was her
husband,
• Consent given by reason of unsoundness of mind, or under influence of
intoxication or any stupefying or unwholesome substance,
 Rape Rates and
Conviction Rates
According to the National Crime Records Bureau
(NCRB) figures for 2019, 88 rapes occur on average
every day in India. The conviction rate, on the other
hand, is as low as 27.8%. This indicates that just 28
people out of 100 are found guilty. According to the
NCRB, the rate of crimes against women grew from
58.8 percent in 2018 to 62.4 percent in 2019.
There were 32,033 rape cases reported in 2019,
with Rajasthan having the highest rape crime rate
with 5,997 rapes reported. Uttar Pradesh had the
most instances with 3,065 reported, followed by
Madhya Pradesh with 2,485, Maharashtra with
2,299, and Kerala with 2,023. In 2019, there were
1,253 rape cases registered in Delhi.
Punishments for Rape in India
Section 376 IPC
• The very first provision that deals with the punishment provided for the offence of
rape is Section 376 of the IPC. Section 376(1) provides that any person who
commits the offence of rape is liable to be punished with a period of
imprisonment, which shall not be less than 10 years; however, the same may
exceed a punishment of life imprisonment.
Section 376A IPC
• The aforesaid Section (amendment done in the year 2013, effective from
03.02.2013- Act 13 of 2013) provides punishment for a person who has committed
the offence of rape as laid down under Section 376(1) and (2), wherein the
aforesaid acts of the person lead to the death of the victim or which leaves the
victim in a persistent vegetative state. It provides that the accused person shall be
punished with rigorous imprisonment for a period not less than 20 years, which
can extend up to imprisonment for life (the remaining period of the accused’s life).
In Section 376(2), punishment for a period which shall not be less than 10 years and which
may extend to life imprisonment is imposed on any person who falls under the below-
mentioned category and commits the offence of rape under the below-mentioned
circumstances.

• If a police officer commits the offence of rape on the premises of the police station or on a
woman who is in custody;
• If a public servant on his duty commits rape with a woman who is in the custody of such
public servant or in the custody of any of his sub-ordinate;
• If a person in the armed forces commits rape in the area where he is deployed;
• If a person who is in the management of a jail, remand home, any women’s institution
commits the offence of rape on any woman (who is an inmate of any such aforesaid place)
by taking advantage of his post;
• If a person working in a hospital, commits rape in that hospital where he is working;
• If a person, who is a relative, guardian, or teacher of a woman, or is in a position of trust or
authority towards her, perpetrates an act of rape on her.
• If a person commits the offence of rape with a woman during communal or
sectarian violence;
• If a person commits rape on a pregnant woman (in spite of having
knowledge about her pregnancy);
• If a person commits rape with a woman who is capable of providing her
consent;
• If a person commits rape on a woman with whom he has a position of
control or dominance;
• If a person commits rape with a woman who is mentally or physically
unwell;
• If a person severely injures or grievously hurts, maims, disfigures or
endangers a woman’s life while committing the offence of rape;
• If a person repeatedly rapes the same woman.
• Section 376AB IPC
The aforesaid Section provides punishment to the accused who has
committed the heinous offence of rape with a woman who is under the age
of 12 years. It states that the accused person shall be punished with rigorous
imprisonment for a period not less than 20 years, which can extend up to
imprisonment for life (the remaining period of the accused’s life).
• Section 376B IPC
Even though marital rape has not been criminalised in India yet, the aforesaid
provision provides punishment to a husband who forces himself on his wife
or who forces his wife to have sexual intercourse with him. However, one
must note that this provision is for cases wherein the wife is living separately
(be it under a decree of separation or otherwise, in the absence of the wife’s
consent) and shall be punished with imprisonment not less than 2 years but
can extend up to 7 years, along with a fine.
Protection of Children from
Sexual Offences Act, 2012
(POCSO Act)
• A recent survey conducted by the National
Crime Records Bureau (NCRB) revealed
horrifying and depressing data relating to
sexual violence that in 2021, there were
1,49,404 registered instances of crimes against
children. Of these, 53,874 cases, which
constitute 36.05% of the total, fell under the
jurisdiction of the POCSO Act.
• The POCSO Act addresses the issue of sexual
violence against children and provides penal
provisions for persons committing such
offences.
• Firstly, the punishment for penetrative sexual assault (as defined under
Section 3) is provided under Section 4. It punishes the offender with
imprisonment for a minimum of ten years, which may extend up to
imprisonment for life, along with a fine. If a person commits the aforesaid
offence with a child less than 16 years of age, then he shall be punished
with a minimum imprisonment of 20 years, which may extend up to
imprisonment for life (for the remaining period of the offender’s life) along
with a fine. Further, the imposed fine should be just and reasonable to
meet the expenses.
• Sexual assault as defined under Section 7 is punishable under Section 8
with a period of imprisonment not less than 3 years, which may extend to
5 years, along with a fine.
• Aggravated sexual assault, as defined under Section 9, is punishable under
Section 10. It provides punishment for a period of imprisonment not less
than 5 years, which may extend to 7 years, along with a fine.
Dowry Its Meaning and Definition
• A dowry is a payment, such as property or money, paid by the bride's family
to the groom or his family at the time of marriage. Dowry contrasts with
the related concepts of bride price and dower. While bride price or bride
service is a payment by the groom, or his family, to the bride, or her family,
dowry is the wealth transferred from the bride, or her family, to the groom,
or his family. Similarly, dower is the property settled on the bride herself, by
the groom at the time of marriage, and which remains under her ownership
and control.
• A dowry is the transfer of parental property to a daughter at her marriage
(i.e. "inter vivos") rather than at the owner's death (mortis causa). A dowry
establishes a type of conjugal fund, the nature of which may vary widely.
Dowry in
India

• “Dowry” is a word that is very prevalent and

common in Indian households. It is a practice
that has become a parasite for the Indian society
and which has eroded the beautiful institution of
marriage. It is not a new practice but has been
followed from ages, and its impact is such in
Indian society that one can make efforts to
reduce it, but it cannot be totally eradicated.
Several laws have been enacted to prohibit the
practice of dowry, but the legal clutches are
weaker than the ambit of the practice of dowry.
Further, the article shall enumerate the social
and legal consequences of practicing dowry
along with its other various aspects.
 The Laws Prohibiting Dowry In India
• According to section 3 of the Dowry Prohibition Act, 1961, it is an offence to both take
dowry and give dowry. So the family of bridegroom would be liable for taking dowry
so would the family of bride be to consent to give dowry.
• Penalty for giving and taking dowry (Section 3) – According to section 3, if any person
after the commencement of the Act gives or takes, abets the giving or taking of dowry
shall be punished with an imprisonment for a term not less than five years and with
fine which shall not be less than fifteen thousand rupees or the amount of the value
of dowry, whichever is more.
• Penalty for demanding dowry (section 4) – According to section 4, if any person
directly or indirectly demands dowry from the parents, relatives or guardians of the
bride or the bridegroom shall be punished with an imprisonment of not less than six
months and which shall extend to two years and with fine which may extend to ten
thousand rupees.
Indian Penal Code, 1860
• Dowry Death (section 304 B)- Section
304(B) reads as follows-
Where the death of a woman is caused by
any burns or bodily injury or occurs
otherwise than under normal
circumstances within seven years of her
marriage and it is shown that soon before
her death she was subjected to cruelty or
harassment by her husband or any relative
of her husband for, or in connection with,
any demand for dowry, such death shall be
called “dowry death” and such husband or
relatives shall be deemed to have caused
her death.
Husband or relative of husband subjecting women
to cruelty (section 498-A) – Section 498- A reads as
follows-
Husband or relative of husband of a woman
subjecting her to cruelty- Whoever, being the
husband or the relatives of the husband of a
woman, subject such woman to cruelty shall be
punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.

Indian Evidence Act, 1872

Presumption as to dowry death (Section 113 B) – Section 113 B

reads as follows-
When the question is whether a person has committed dowry
death of a woman and it is shown that soon before her death
such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry,
the court shall presume that such person had caused the dowry
death.
Dowry Rates In India
 Hindu Widow Remarriage Act
• The Hindu Widow Remarriage Act
1856 legalized the remarriage of
Hindu widows on 16th July 1856.
The Act was enacted on 26th July
1856.
• The introduction of the widow
remarriage act was a major change
in the state of women that
prevailed during that period. Ishwar
Chandra Vidyasagar played a major
role in the establishment of the act.
 Overview of the Hindu Widow
Remarriage Act, 1856
• A cursory detail of the act is given in the table below:

1. Hindu Widow Remarriage Act Long Title Hindu Remarriage Act,

1856 or Act XV, 1856
2. Passed under East India Company rule.
3. Passed by Lord Canning (Drafted by Lord Dalhousie)
4. Enacted on 26th July 1856
5. Commenced on 26th July 1856
 Vidyasagar's argument based
on Hindu Dharma Sastras
• Ishwar Chandra Vidyasagar, a Brahmin and a Sanskrit scholar was the
most prominent campaigner of widow remarriage. He petitioned the
Legislative council, but there was a counter petition against the
proposal with nearly four times more signatures by Radhakanta Deb
and the Dharma Sabha. Even though Vidyasagar faced huge
opposition from Hindu orthodox groups and he put use of his
prodigious knowledge of Sanskrit to make an exhaustive search of
authentic Hindu scriptures on law (i.e. Dharma sastras) to find
support for his cause of Widow remarriage. He stumbled upon few
verses in Parasara Smriti written by none than sage Parashara himself,
which supported Widow remarriage.
• Naṣṭe mṛte praprajite klibeca patite patau
Pañcasvāpatsu nārīṅāṃ patiranyo vidhīyate
(Parāśara smṛti 4-30)

"1. On loss of a husband who went abroad, 2.

on his death, 3. on his turning into a Sanyasi, 4.
on his being an impotent, or 5. on his sinful
degradation, — under any one of these five
calamities, it is sanctioned for (those) women to
take another husband."

Based on the above evidence, Vidyasagar made

a convincing argument that sage Parashara
suggested three choices for a widow, the first
one to remarry, second one to remain celibate
and the last one to perform Sahagamana. While
the second choice was extremely tough in Kali
yuga, final one got already banned by British
and therefore only prevailing option is the first
choice as suggested by Parashara, i.e. to
remarry.[17]
 Hindu Widow Remarriage Act is
enacted as follows:
• No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall
be illegitimate, by reason of the woman having been previously married or betrothed to another
person who was dead at the time of such marriage, any custom and any interpretation of Hindu
Law to the contrary notwithstanding.
• All rights and interests which any widow may have in her deceased husband's property by way of
maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will
or testamentary disposition conferring upon her, without express permission to remarry, only a
limited interest in such property, with no power of alienating the same, shall upon her re-
marriage cease and determine as if she had then died; and the next heirs of her deceased
husband or other persons entitled to the property on her death, shall thereupon succeed to the
same ....
• Except as in the three preceding sections is provided, a widow shall not by reason of her re-
marriage forfeit any property or any right to which she would otherwise be entitled, and every
widow who has re-married shall have the same rights of inheritance as she would have had, had
such marriage been her first marriage.
Recent Case Of Widow Remarriage
In India
• In a departure from tradition, a
young widow’s marriage was
solemnized in the presence of
around 500 widows in the 400-year-
old Gopinath temple of Vrindavan .
• Vinita Devi, a former widow, was
married to Rakesh Kumar and the
ceremony was solemnized in the
presence of 500 widows at the 400
year-old Gopinath temple in
Vrindavan on October 16, 2017.
Vinita was widowed in 2013, when
she lost her husband in the
Uttarakhand floods.
 Divorce- Meaning and definition
• Divorce means dissolution of a
marriage or marital bond on the
basis of the laws regulating the
peoples’ rights and relationships in
regard to fresh break up of a
marriage under the personal laws
governing such people. In relation to
divorce it differs from one country to
another specifically in India, there
are distinctive personal laws
regarding marriage and divorce.
 Divorce In India
• Currently divorce is a very common in Indian society too where in the past,
during the classical period, divorce was almost an uncommon thing and
marriage was regarded as a lifelong bond. It is evident that India has a
comparatively low divorce rate that is less than 1%, in other words, out of
thousand marriages, only thirteen ends in divorce. Couple reporting lower
rate of divorce, prevalent in India as opposed to the rest of the world is
attributed to societal feeling and pressure towards the protection of marriage.
Divorce
Rates In
India
 Divorce Laws In India (based on
Religion)
• The legislation that provides for Muslim marriages is the
Dissolution of Muslim Marriages Act of 1939 and the
divorce law for Hindus is provided in the Hindu Marriage
Act of 1955. In the case of the litigation of divorce laws,
it would be expected that since there are two systems
of divorce, then there are two radically distinct sets of
rules. However, the laws are not that different. Both
cultures have a link with India and the system of divorce
in the culture that governs the country today.
Grounds of Divorce Summarised
• Mistreatment
• Illness
• Desertion or Criminal Behavior
• Religious Conversion or
Renouncement
• Mutual Consent
 Special Features of Indian
Divorce Laws
• One feature about this statute is that Indian courts do
not entertain any application for divorce before the one-
year mandatory waiting period, but there is one
exception; the wait may be waived if the marriage was
contracted under circumstances of hardship or
depravity. It is probably this provision allows a chance of
reconciliation by the couple that was married for less
than a year and wants a divorce.
 TYPES OF DIVORCE
• BY MUTUAL CONSENT—
(1) This Act’s provisions state that a joint petition for divorce by decree of divorce
shall be made to the district court by a valid marriage between husband and wife,
whether such marriage was solemnised before or after the coming into force of the
Hindu Marriage Laws (Amendment) Act, 1976 (68 of 1976), if they have lived apart
for one year or more, do not want to live with each other and where their
temperaments are not compatible.
(2) The second motion may be moved even if it is moved within six months after the
presentation of the petition referred to in sub-section (1) and not later than
eighteen months from that date provided no application has been made under this
section within that period on the motion being taken back in any case; then on
hearing both sides and examining such evidence, if any, as might be necessary, it
should satisfy itself that there has been a valid marriage and that the allegations
made in the complaint are true, pass a judgment declaring that marriage is void.
• CONTESTED DIVORCE—
Under Section 13 of the Hindu Marriage
Act, 1955, a Contested Divorce Petition
can be filed in India on the following
grounds: Adultery: If either spouse
indulges in sexual intercourse with a
person other than his or her spouse.
Cruelty: If either spouse subjects the
other to cruelty. Desertion: If either
spouse abandons the other without any
reasonable cause and without any
intention of returning. Conversion: If
either spouse compels the other to adopt
another religion.
LEGAL PROCEDURE:
• Filing
divorce
petition
• Service of
Summon
• Response
• Trial
• Final Order
 Impacts of Divorce In Society
• Divorce hinders society by dissolving families and weakening belief in
the family as an essential social unit. To sociologists, the family does
more than unite people by marriage and blood or adoption; it
provides the educational, financial and emotional support its
members need to thrive socially.
• The Impact of Divorce on Children- Emotional problems, Behavioral
problems, Academic problems
• The Impact of Divorce on Society- Increased poverty, Increased crime,
Decreased social cohesion.
Property Inheritance
Hindu Inheritance Laws
• The Hindu Succession Act covers inheritance among the Sikhs, Jains, Buddhists
and Arya Samaj.
• On the demise of a Hindu male, all heirs get equal shares.
• On the demise of a Hindu female, the property is equally divided among her
• husband and children. In the absence of a spouse and children, the husband’s
• heirs get preference. Next in the line of preference would be her parents. In
the
• absence of parents and the previously mentioned beneficiaries, the property
• may be divided among her father’s heirs and then her mother’s heirs.
• Christian Laws of Inheritance
• In the Indian Succession Act 1925, this
falls within sections 31 to 49.
• There are no differences in the rights
of a widow and that of a widower.
• Both awidow and a widower are
entitled to one-half of the property if
they have no children and one-third
share if there are children in the
marriage. Both can inherit the total
property if there are no children,
relatives or distant kin.
Rights of Natural and Adopted
Children
The children, both son and daughter, under the Hindu Succession Act 1956,
have equal rights over the father’s property to be shared with the mother and
grandmother. Even a posthumously born child, if born alive, has rights to the
father’s property. As to ancestral property in a HUF, the son, by birth, holds
equal rights as his father in the property being a coparcener. The child’s rights
come after the father's demise in the grandfather's self-acquired property.
 Human trafficking
• Meaning : Human trafficking is the trade of humans for the purpose
of forced labor, sexual slavery, or commercial sexual exploitation.
Human trafficking can occur within a country or trans-nationally. It is
distinct from people smuggling, which is characterized by the consent
of the person being smuggled. Human trafficking is condemned as a
violation of human rights by international conventions, but legal
protection varies globally. The practice has millions of victims around
the world.
Types Of Human Trafficking
• SEX TRAFFICKING & CHILD
SEX TRAFFICKING
• FORCED LABOR
• DEBT BONDAGE
• FORCED CHILD LABOR
• INVOLUNTARY DOMESTIC
SERVITUDE
• UNLAWFUL
RECRUITMENT & USE OF
CHILD SOLDIERS
Human trafficking in India

• Human trafficking in India, although illegal under Indian law, remains a significant
problem. People are frequently illegally trafficked through India for the purposes of
commercial sexual exploitation and forced/bonded labour. Although no reliable study of
forced and bonded labour has been completed, NGOs estimate this problem
affects[clarification needed] 20 to 65 million Indians. Men, women and children are
trafficked in India for diverse reasons. Women and girls are trafficked within the country
for the purposes of commercial sexual exploitation and forced marriage, especially in
those areas where the sex ratio is highly skewed in favour of men. Men and boys are
trafficked for the purposes of labour, and may be sexually exploited by traffickers to
serve as gigolos, massage experts, escorts, etc. A significant portion of children are
subjected to forced labour as factory workers, domestic servants, beggars, and
agriculture workers, and have been used as armed combatants by some terrorist and
insurgent groups.
Data Of
Human
Trafficking
Laws Against Human
Trafficking In India
Constitutional Provisions:
• Article 23: Article 23(1) reads “Traffic in human beings and beggar and
other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in
accordance with law.”
• Article 23 (1) prohibits antisocial practices of beggary (forced unpaid
work), traffic in human beings and forced labour. This is a fundamental
right that can be enforced not just against the state but also any citizen.
The term “other similar forms of forced labour” is to be interpreted as
ejusdem generis under the contemplation of the article (except
conscription by the state as laid down in Article 23
• Article 39: Article 39(e) of the Directive Principle of State Policy (DPSP) provides
that children in their tender age should not be forced to work and prevents the
abuse of the health and strength of men and women by being forced by
economic necessity to enter a vocation that are unsuitable to their age and
strength. Article 39(f) further lays down measures for protection of children and
youth against exploitation, moral and material abandonment.
Criminal Law (Amendment) Act, 2013:
• Section 370 of Indian Penal Code (IPC) has been substituted with new Sections,
370 and 370A. It deals with trafficking of persons for exploitation. The
amendment stipulates that, if a person (a) recruits, (b) transports, (c) harbours,
(d) transfers, or (e) receives, a person, by using threats, or force, or coercion, or
abduction, or fraud, or deception, or by abuse of power, or inducement for
exploitation including prostitution, slavery, forced organ removal, etc. will be
punished with imprisonment ranging from at least 7 (seven) years to
imprisonment for the remainder of that person’s natural life depending on the
number or category of persons trafficked. Employment of a trafficked person will
attract penal provision as well.
Other legislations that address
human trafficking
In addition to the above, there are other specific legislations that deal with human
trafficking. Some of them are:

• Bonded Labour System (Abolition) Act, 1976;

• Child Labour (Prohibition and Regulation) Act, 1986;
• Transplantation of Human Organs Act, 1994;
• Indian Penal Code, 1860
• Juvenile Justice Act, 2000
• The Punjab Prevention of Human Smuggling Act, 2012.
• Goa Children Act, 2002.5.
• Human trafficking and other
forms of extreme exploitation,
including forced labor and
forced marriage, now
collectively under the
terminological umbrella
“modern slavery,” are reported
to affect an estimated 40.3
million people globally, with
29.4 million considered to be in
situations of forced labor.