Women and Law [LLB 409 (c)]

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: BALLB & BBALLB VII
Name of the Subject:
WOMEN AND LAW-409(C)
FACULTY NAME: MS.ANNAPURNA
CHAKRABORTY TIWARI (ASSISTANT
PROFESSOR)

STATUS OF WOMEN IN INDIA
• The status of women depicts the social, economic and mental condition in a
nation. Women have been regarded as a symbol of spirituality in our scriptures.
Yet, they have been treated badly and unequally to men. Social evils such
as dowry, sati-system, child marriage, and female infanticide were widely
prevalent in the early ages. The spread of education and self-consciousness among
women has led to their progress over the period. Women of today are empowered.
Also, women are gaining advancements and success in each and every field.
• Women in India in Ancient age
• Women in Free India

STATUS OF WOMEN –POSITION ABROAD
• In 2010, the United Nations founded UN Women to fill a void. Prior to the creation of
UN Women, the UN did not have a department or team focused solely on issues related
to gender equality and women's empowerment, according to its website.
• UN Women's main functions include working with what it calls "intergovernmental
bodies" and organizations, like the UN's Commission on the Status of Women, to create
policies and global standards that relate to women in the workplace and gender wage
gaps.
• Included in the UN Women agenda are issues like women's leadership and political
participation, economic empowerment, ending violence against women, and amplifying
voices of women living with HIV and AIDS.

CONSTITUTION OF INDIAAND WOMEN
PREAMBLE
• The Constitution of India not only grants equality to women but also empowers the
State to adopt measures of positive discrimination in favour of women for
neutralizing the cumulative socio economic, education and political disadvantages
faced by them. Fundamental Rights, among others, ensure equality before the law
and equal protection of law; prohibits discrimination against any citizen on grounds
of religion, race, caste, sex or place of birth, and guarantee equality of opportunity
to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a),
39(b), 39(c) and 42 of the Constitution mention in this regards.

EQUALITY PROVISIONS
• To uphold the Constitutional mandate, the State has enacted various legislative
measures intended to ensure equal rights, to counter social discrimination and various
forms of violence and atrocities and to provide support services especially to women.
• Although women may be victims of any of the crimes such as Murder, Robbery,
Cheating etc, the crimes, which are directed specifically against women, are
characterized as Crime against Women.

UNEQUAL POSITION OF WOMEN
According to the World Employment And Social Outlook Trends For Women 2018
report, more women than ever before are both educated and participating in the labour
market today. Even as opportunities for people without a college education shrink,
men’s rates of graduation remain relatively stagnant, while women across
socioeconomic classes are increasingly enrolling for and completing post-secondary
degrees.
In 2015, the most recent year for which data is available, 72.5% of females in the US
who had recently graduated high school were enrolled in a two-year or four-year
college programme, compared to 65.8% of men. However, The Global Gender Gap
Report 2018 by the World Economic Forum does not provide much scope for
optimism. According to this report, it will take 108 years to close the gender gap and
202 years to achieve parity in the workforce.

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Gender parity seems too far a goal to achieve. No doubt, we need a fresh and re-
energized approach to solve the issue of gender inequality.
For millions of years, except in few matriarchal societies, the man has always been
considered the head of the family. The provider-role he played was always seen
superior to the nurturer-role that women played in a family. The man’s decision was
always the final word.

DIFFERENT PERSONAL LAWS AND DIRECTIVE PRINCIPLES OF
STATE POLICY
If the Union or State government made any law then it is the responsibility of the union or
state government to follow the guiding principle of the state policy. The Objective behind
the Directive Principles of State Policy is the welfare of the State. One of the important
objectives behind the Directive Principles of State Policy is to achieve the goal of welfare
state. The aim of the Directive Principle of State Policy is to improve the social and
economic condition of the citizen so that they can enjoy the good life. Directive Principle
of State Policy acts as a check and balance for the Government so that in the upcoming
election a citizen of the country can cast their vote according to the performance of the
previous government.

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The success and failure of the government can be judged by their Policies and Principles and if the
government fails to implement the Directive Principle in the State in a proper way, then they can
lose the upcoming election. That’s why the Directive Principle of State Policy makes an obligation
on the State that within the time period by implementing the principle, State can achieve its goal.
Personal law is defined as a law that applies to a certain class or group of people or a
particular person, based on the religions, faith, and culture. In India, everyone belongs to
different caste, religion and have their own faith and belief. Their belief is decided by the
sets of laws. And these laws are made by considering different customs followed by that
religion. Indians are following these laws since the colonial period. In this chapter, we
will learn about the personal laws of Hindu, Muslims and the Christain community.

UNIFORM CIVIL CODE TOWARDS GENDER JUSTICE
The implementation of a uniform civil code and the issue of gender justice, these two are
closely connected to each other in Indian socio legal perspective. Notwithstanding its need
and importance, the state’s politico-legal standpoint about its implementation attracts in-
depth legal inquiry . On the other dimension, the basic issue of ensuring justice and equality
to women is getting trapped in many other contemporary issues like religion, secularism,
and freedom. However, one cannot flounce the main issue under the disguise and harp on
other relatively connected issues day in and day out. Gender issues, in this regard need to be
addressed very seriously. This paper is an attempt to co-relate the question of gender justice
and equality to the issue of the adoption of uniform civil code throughout the territory of
India.

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Women empowerment in core areas like social status, gender bias, health, security and
empowerment are of urgent necessity. Article 44 expects from the State to secure a
Uniform Civil Code for all citizens of India. There is no Uniform Civil Code in India
but a Uniform Criminal Code exists. The Criminal law is equally applicable to all
citizens irrespective of their religious affiliation. However in the case of civil law
particularly in the matter of personal laws there is no uniformity.
The law is relating to marriage, divorce, maintenance, guardianship and succession
governing the Hindus, Muslims and Christians etc., is different and varies from one
religion to other. This is the time to discuss all the personal law of every community
with the various judgments of the Supreme Court of India where the apex court has
suggested to the Central Government for the enactment of a Uniform Civil Code.

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A uniform civil code will help the cause of national integration. It is the humble
opinion that a Uniform or common civil code is possible only when the governments
consider the gender justice as the ultimate goal.

SEX INEQUALITY IN INHERITANCE
Policymakers should aim to improve women’s position relative to men’s – not only is it
fairer, but it is also more efficient, according to those in favour such initiatives.
While developing countries continue to improve equality of economic opportunity for
women, inheritance law remains strongly biased against women in many societies. When
the distribution of inherited wealth is highly unequal, the effect of this disparity on
economic inequality is of considerable interest. Parental bequests of material wealth and
human capital investments represent central forms of intergenerational transfer that affect
long-term development in far reaching ways.

GUARDIANSHIP
Guardianship is a legal process used to protect individuals who are unable to care for
their own well-being due to infancy, incapacity or disability. A court will appoint a
legal guardian to care for an individual, known as a ward, who is in need of special
protection. Legal guardians have the legal authority to make decisions for their ward
and represent their ward's personal and financial interests.
Guardianship of a Minor
Courts may appoint an adult guardian to care for a minor, who is not the child of the
adult. Courts assign guardianships in a number of situations, including when parents
have abandoned a minor, when a minor's parents have died, or when a minor's parents
are incapable of providing proper care for the minor. A legal guardian may be a friend,
family member, or other person the court feels will act in the minor's best interest. As

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the minor's legal guardian, an adult may be granted physical custody of the minor, or they
may act as a financial guardian who exercises control over the minor's property. In limited
cases, an adult may be appointed by the court to serve as a guardian ad litem.
Guardianship of the person. An adult with legal custody of a minor has the
responsibility to provide for the minor's physical and personal needs. While the minor's
parents are legally required to continue financial support of the minor, the legal guardian
must ensure that the minor receives food, shelter, clothing, education and medical care.
The legal guardian has the right to consent for the minor and make all decisions regarding
the minor's health and education. A legal guardian will maintain custody of the minor
until the minor reaches the age of eighteen, or until a judge determines that the minor no
longer needs a guardian.

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the minor until the minor reaches the legal age or until the minor's assets are depleted.
Guardian ad litem. A court appoints a guardian ad litem to represent a minor's interests in a legal
proceeding. Guardians ad litem are typically appointed in divorce cases, probate matters or in
situations where the minor has been abused or neglected.
To Establish a Guardianship of a Minor
A court will establish a guardianship only if it is in the best interests of the child. This will involve
factors such as stability in the child’s upbringing, the child’s stated preference, the ability of the
proposed guardian to provide the child with proper care, the relationship between the parents and
the proposed guardian, and any information regarding the moral character of the proposed
guardian. Parents who foresee obstacles in appointing a certain person as a guardian might consider
writing a letter of explanation to the court in support of their choice.

ADULTRY
The word “adultery” derives its origin from the French word “avoutre”, which has evolved
from the Latin verb “adulterium” which means “to corrupt”.The dictionary meaning of
adultery is that a married man commits adultery if he has sex with a woman with whom
he has not entered into wedlock.
Under Indian law, Section 497 IPC makes adultery a criminal offence, and prescribes a
punishment of imprisonment upto five years and fine. The offence of adultery under
Section 497 is very limited in scope as compared to the misconduct of adultery as
understood in divorce proceedings. The offence is committed only by a man who had
sexual intercourse with the wife of another man without the latter’s consent or
connivance. The wife is not punishable for being an adulteress, or even as an abettor of
the offence.Section 198 CrPC deals with a “person aggrieved”. Sub-section (2) treats

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Sub-section (2) treats the husband of the woman as deemed to be aggrieved by an offence
committed under Section 497 IPC and in the absence of husband, some person who had care
of the woman on his behalf at the time when such offence was committed, with the permission
of the court. It does not consider the wife of the adulterer as an aggrieved person.
Section 497 IPC and Section 198(2) CrPC together constitute a legislative packet to deal with
the offence of adultery which have been held unconstitutional and struck down by the
Supreme Court in Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.
Penal Code
Section 497. Adultery. — Whoever has sexual intercourse with a person who is and whom he
knows or has reason to believe to be the wife of another man, without the consent or
connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty
of the offence of adultery, and shall be punished with imprisonment of either description for a

CONTINUE-may extend to five years, or with fine, or with both. In such a case, the wife
shall not be punishable as an abettor.
Criminal Procedure Code
Section 198. Prosecution for offences against marriage. — (1) No Court shall take
cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860)
except upon a complaint made by some person aggrieved by the offence:
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall
be deemed to be aggrieved by any offence punishable under Section 497 or Section 498 of the
said Code:
Provided that in the absence of the husband, some person who had care of the woman on his
behalf at the time when such offence was committed may, with the leave of the Court, make a
complaint on his behalf.

RAPE
The legal definition of rape has changed substantially since the late 20th century. The
traditional definition was narrow with respect to both gender and age; rape was an act of
sexual intercourse by a man with a woman against her will. As rape is now understood, a
rapist or a victim may be an adult of either gender or a child. Although rape can occur
in same-sex intercourse, it is most often committed by a male against a female. There is also
an increasing tendency to treat as rape an act of sexual intercourse by a husband with his wife
against her will and to consider forced prostitution and sexual slavery as forms of rape.
Rape is often explained or excused as a manifestation of racial, ethnic, and class hatred or as
stemming from a patriarchal system in which women are viewed as the property of men.
Whatever its origins, rape is a serious crime and is treated as a felony in most countries
with common-law systems. In many rape trials, the guilt or innocence of the accused hinges

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on whether or not the victim consented to sexual intercourse. The determination of consent
often can lead to distressing cross-examinations of rape victims in court. As a result, many rape
victims choose not to report the crime to police or refuse to press charges against their
assailants. According to a study conducted in the United States in the 1990s, for example,
fewer than one-third of rapes in the country are reported to police, and about half of all rape
victims do not discuss the incident with anyone. Even when brought to trial, those charged
with rape have a higher-than-average rate of acquittal, mainly because it is difficult to prove a
crime for which there are usually no third-party witnesses and because the testimony of women
often may be given less credence than that of men. Rape is thus both underreported and under
prosecuted. To protect women from humiliating cross-examination, many jurisdictions have
adopted rape shield laws,which limit the ability of the defendant’s counsel to introduce the
accuser’s sexual history as evidence,
,

The psychological motivations of rapists are more complex than was formerly thought. They
may include the desire to punish, to gain revenge, to cause pain, to prove sexual prowess,
and to control through fear. The psychological reactions of victims of rape also vary but
usually include feelings of shame humiliation, confusion, fear, and rage. Victims often report
a feeling of perpetual defilement, an inability the desire to punish, to gain revenge, to cause
pain, to prove sexual prowess, and to control through fear. The psychological reactions of
victims of rape also vary but usually include feelings of shame, humiliation, confusion, fear,
and rage. Victims often report a feeling of perpetual defilement, an inability to feel clean, an
overwhelming sense of vulnerability, and a paralyzing feeling of lack of control over their
lives. Many are haunted by fear of the place in which the crime occurred, or of being
followed, or of all sexual relationships. Others experience long-term disruption of sleep or
eating patterns or an inability to function at work. The duration of the psychological trauma
varies from individual to individual; many feel the effects for years, even with considerable

Continue-
supportive therapy. In view of the great psychological harm it causes, many
psychologists regard rape as a form of torture —a permanent mutilation of an
individual’s life.

OUT RAGING MODESTY
The law (Section 354 IPC) makes it a special crime to use force against a woman, or even
threaten to use force, if the intention is to 'outrage her modesty'. It treats it more seriously than
normal and criminal force by allowing the police to make arrests for such crimes without a
warrant.
The law does not explain what 'outraging modesty' means. Courts usually make this
determination by looking at all circumstances surrounding the incident. The Supreme Court
referred to 'modesty' as feminine decency and a virtue that women possess owing to their sex.
The punishment is jail time of between one and five years along with a fine.
Important: It is not enough that the victim's modesty is outraged. It is an offence only when
the accused intended or knew it to be likely that the acts in question would outrage the victim's
modesty.
.

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Example: Ramesh pulls on Nina's clothes while playing Holi and rips her T-shirt apart. It is
a crime only if Ramesh intended or knew it to be likely that his acts would outrage Nina's
modesty

DOMESTIC VIOLENCE
Domestic violence is not physical violence alone. Domestic violence is any behavior the
purpose of which is to gain power and control over a spouse, partner, girl/boyfriend or intimate
family member. Abuse is a learned behavior, it is not caused by anger, mental problems, drugs
or alcohol, or other common excuses. According to the United States Department of
Justice Office on Violence Against Women ,the definition of domestic violence is a pattern of
abusive behavior in any relationship that is used by one partner to gain or maintain control over
another intimate partner. Many types of abuse are included in the definition of domestic
violence:
Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair,
burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical
abuse also includes denying someone medical treatment and forcing drug/alcohol use on

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someone. Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into
having sexual contact or sexual behavior without the victim's consent. This often takes the
form of marital rape, attacking sexual body parts, physical violence that is followed by
forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim's
expense.
Emotional abuse involves invalidating or deflating the victim's sense of self-worth and/or
self-esteem. Emotional abuse often takes the form of constant criticism, name-calling,
injuring the victim's relationship with his/her children, or interfering with the victim's
abilities.
Economic abuse takes place when the abuser makes or tries to make the victim financially
reliant. Economic abusers often seek to maintain total control over financial resources,
withhold the victims access to funds, or prohibit the victim from going to school or work.

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Psychological abuse involves the abuser invoking fear through intimidation; threatening to
physically hurt himself/herself, the victim, children, the victim's family or friends, or the pets;
destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting
the victim from going to school or work.
Threats to hit, injure, or use a weapon are a form of psychological abuse.
Stalking can include following the victim, spying, watching, harassing, showing up at the
victim's home or work, sending gifts, collecting information, making phone calls, leaving
written messages, or appearing at a person's home or workplace. These acts individually are
typically legal, but any of these behaviors done continuously results in a stalking crime.
Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional
distress in the recipient.

PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES
(PROHIBITION OF SEX SELECTION) ACT, 1994
• This Act may be called the Pre-conception and Prenatal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994.
• It shall extend to the whole of India except the State of Jammu and Kashmir.
• It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,—
(a) “Appropriate Authority” means the Appropriate Authority appointed under section 17.
(b) “Board” means the Central Supervisory Board constituted under section 7.

REGULATION OF GENETIC COUNSELLING CENTRES, GENETIC
LABORATORIES AND GENETIC CLINICS
3. Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.- On
and from the commencement of this Act,—
1. No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic unless registered
under this Act, shall conduct or associate with, or help in, conducting activities relating to
prenatal diagnostic techniques;
2. No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or
cause to be employed or take services of any person, whether on honorary basis or on
payment who does not possess qualifications as may be prescribed;

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3. no medical geneticist, gynaecologist,paediatrician, registered medical practitioner or any
other person shall conduct or cause to be conducted or aid in conducting by himself or
through any other person, any pre-natal diagnostic techniques at a place other than a place
registered under this Act. 3A. Prohibition of sex-selection- No person, including a specialist or
a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in
conducting by himself or by any other person, sex selection on a woman or a man or on both
or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986
An Act to prohibit indecent representation of women through advertisements or in
publications, writings, paintings, figures or in any other manner and writings, paintings,
figures or in any other manner and for matters connected therewith or incidental thereto.
Prohibition of advertisements containing indecent representation of Women:
No person shall publish, or cause to be published, or arrange or take part in the publication or
exhibition of, any advertisement which contains indecent representation of women in any
form.
Prohibition of publication or sending by post of books, pamphlets,etc; containing
indecent representation of women:
No person shall produce or cause to be produced, sell , let to hire, distribute, circulate or send
by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,

CONTINUE-
representation or figure which contains indecent representation of women in any form:
Provided that noting in this section shall apply to-
any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,
representation or figure –
the publication of which is proved to be justified as justified as being for the public good
on the ground that such book, pamphlet, paper, slide , film, writing, drawing, painting,
photography, representation or figure is in the interest of science, literature, art, or
learning , art, or learning or other objects of general concern; or
which is kept or used bona fide for religious purpose;
any representation sculptured, engraved, painted or otherwise represented on or in
any ancient monument within the meaning of the Ancient Monument and Archaeological

CONTINUE
Sites and Remains Act, 1958 (24 of 1958); or
any temple, or on any car used or the conveyance of idols, or kept or used for any
religious purpose;any film in respect of which the provisions of Part II of the
Cinematograph Act, 1952 (37 of 1952), will be applicable.
PROTECTION OFACTION TAKEN IN GOOD FAITH:
No suit, prosecution or other legal proceeding shall lie against the Central Government or
any State Government or any officer of the Central Government or any State Government
for anything which is in good faith done or intended to be done under this Act.

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESALACT, 2013
An Act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected
therewith or incidental thereto. Whereas sexual harassment results in violation of the
fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of
India and her right to life and to live with dignity under article 21 of the Constitution and
right to practice any profession or to carry on any occupation, trade or business with
includes a right to a safe environment free from sexual harassment; and whereas the
protection against sexual harassment and the right to work with dignity are universally
recognized human rights by international conventions and instruments such as Convention
on the Elimination of all Forms of Discrimination against Women, which has been ratified

CONTINUE-
on the 25th June, 1993 by the Government of India; and whereas it is expedient to make
provisions for giving effect to the said Convention for protection of women against sexual
harassment at workplace.
SECTION 3. PREVENTION OF SEXUAL HARASSMENT. –
(1) No woman shall be subjected to sexual harassment at any workplace.
(2) The following circumstances, among other circumstances, if it occurs, or is present in
relation to or connected with any act or behavior of sexual harassment may amount to
sexual harassment:— (i) implied or explicit promise of preferential treatment in her
employment; or (ii) implied or explicit threat of detrimental treatment in her employment ;
or (iii) implied or

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explicit threat about her present or future employment status; or (iv) interference with her
work or creating an intimidating or offensive or hostile work environment for her; or (v)
humiliating treatment likely to affect her health or safety.

DOMESTIC WORKERS WELFARE AND SOCIAL SECURITY ACT, 2010
The issue of exploitation of women and children domestic workers is frequent and
regularly reported. With no rights and rules to fall back on, most of the domestic helps have
become contemporary slaves. It is also a known fact that many women and children are
trafficked and exploited by the placement agencies, which operate openly without any form
of restrictions and regulations. In last few decades there has been a tremendous growth in
the demand for domestic workers which has led to the trafficking and other forms of
exploitation of millions of Women and children of the both sexes and to meet this growing
demand there has been a spurt of thousands of placement agencies providing domestic
workers in metro-towns of many states who are exploited in various ways as well as
trafficked and remain outside the purview of any legislative control. Absence of any legal
protection , has led to severe exploitation women and children which include depriving
domestic workers from there entire salary average more then 16-18 hours of work per day,

CONTINUE-
absence of proper food and living/sleeping condition, forced and total cut off from their
family members, bounded labour , sexual exploitation by agent during transit, at the office
of agency and at the work place in houses of employers, The list of exploitation is endless
and frequently reported upon by the media The legislations such the recent notification on
prohibition of child labour in domestic work under Child Labour (Prohibitions &Regulation
) Act, 1986 can not be implemented in the absence of any implementation mechanism in this
Act. Recently few State Govt. have taken different initiative such as including domestic
workers under minimum wage notification but in the absence of a central legislation 2
capable of reaching all domestic workers none of these state level measures can really
benefit the domestic workers That only a Comprehensive Central Legislation specifically
designed to meet the working condition of the domestic workers including registration

CONTINUE-
who are an important segment of service sector of Indian economy and who have an
Multiplier impact on the economy by enabling the women in particular to work by sharing the
family burden, can ensure the end of the exploitation of these domestic workers. That in the
public interest that the domestic workers, employing, as it does, a very large number of
women and whose conditions of work and living need amelioration and to whom regularity of
employment must be assured, Placement agencies must be regulated so that the Directive
Principles of the Constitution more particularly the relevant provisions Article 39, 41, 42, 43,
and 43-A of the Constitution are given effect to by a law made by Parliament with reference to
entries 22, 23 and 24 of List III in the 7th Schedule in the Constitution.

IMMORAL TRAFFIC (PREVENTION) ACT, 1987
In India, the legal system on sex work in India is laid down under the Suppression of
Immoral Traffic (Prevention) Act, 1956 (“SITA”). The act was further amended and
changed in 1986, resulting in the Immoral Traffic Prevention Act also known as ‘ITPA’.
ITPA does not proscribe sex work per se but deal with severely specific activities related
to commercial sex. It also provides for liberation & rehabilitation of persons in sex work.
The Act is applied through Police & the Magistracy. Acts is carrying a punishment under
ITPA include:
Brothel keeping (Section 3)
Living on earnings of sex work (Section 4)
Procuring, inducing or detaining for prostitution (Section 5 & Section 6) Penalties are of
more degree where offences involve children (under age of 18 years)

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Prostitution in areas notified by Police & near public places (Section 7)
Soliciting (Section 8) all offences are cognizable i.e. police do not require a warrant to
arrest or search. (Section 14) Police personnel entrusted with the application of the Act
locally (Special Police Officers) as well as at the national level (Trafficking Police Officers)
are conferred special powers (Section 13) to raid, rescue & search properties suspected of
serving as brothels (Section 15). Magistrates are authorized to order arrests & removal,
direct custody of rescued persons, close down brothels & remove sex workers (Sections 16,
17, 18 & Section 20).The Act provides institutional rehabilitation for „rescued‟ sex
workers. (Sections 19, 21, 23 & ITPA State Rules).

THANK YOU

Women and Law [LLB 409 (c)]

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