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human rights abuse against women

Human Rights Violence Against
Rashi Garg (A1056917182)
Navita Malhotra(A105691 )
Section 497-Adultery Law In India
Under this section of Indian Penal Code , a man was punishable by law
for having consensual sexual intercourse with the married woman of
another man without his consent . The convict could be sentenced to
a term period of 5 years in jail. The partner living in adultery could
file for a divorce from his wife . However this law did not give the
wife the permission to file for a divorce if her husband was involved
in sexual activities with other woman without her consent.
This law was thus discontinued in 2018, 27th September by the
supreme court as it only viewed the husband as the master and
women as the property of man.
 Section 497 read as follows:
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 term which may extend to five years, or
with fine, or with both. In such case the wife shall
[not] be punishable as an abettor.
— Section 497 of IPC
Violation Of Human Rights
The article 497 violated two articles of the constitution of India
– Article 14 and Article 15.
Article 14 – it states that the state shall not deny to any person
equality before law or the equal protection of the laws within the
territory of India.
Article 15- This article states that the state shall not discriminate
against any citizen on grounds only of religion , caste sex, place,
of birth or any of them.
Criticism of Article 497
 Petitioner argued that adultery law should be made GENDER
NEUTRAL as the man was punishable by the law but no such
provision for punishment was made for women.
 The article also made no provision for the women to file a
complaint against her husband who had sexual relations with
other woman.
 This article was viewed as an anti-woman law since the
woman’s consent was not required if her husband allowed her to
sleep with other man . She was just a mere object.
Past Supreme Court Judgments On Adultery
• The adultery law had come up thrice in the past in the years of 1954, 1985 and 1988.
 In 1954, the Supreme court rejected that Section 497 violated the right to equality. Here it
was said that the court discriminated against men by not punishing women for committing
The court stated in the argument that the provision to escape culpabilities for women was
already prevalent in article 15(3) and also that the women in general were only the victim
during adultery . It was in real the men who play the role of a perpetrator.
 In 1985, it said that women didn't need to be included in the law as a party which can make
complaints the same way men were not allowed to prosecute their wives to protect the
sanctity of marriage. Therefore women should also be refrained from making such
prosecutions against their husband.
 In 1988, the Supreme Court said that the adultery law was a shield rather than a sword because
this law did not infringe with any other constitutional provision by limiting it only to men.
Final Judgment of the Supreme Court
• DY Chandarchud in the final judgment called the adultery law
archaic .
• Article 497 violated the Indian Penal Code of article 14 and 21. It
was said that the women can not be asked to think in the same
manner as the society desires her to be. This law violated the
dignity of the women.
• Supreme court held that adultery cannot be a criminal offence but
it can be a ground for civil issues like divorce.
 Other Cases Of Human Rights Violation Against Women-These
include cases of the Purdah system and sati practice from the
pasts, Child Marriage ,dowry harassment(section304B) , rape and
domestic violence (Section 375 and Section 498A), female
infanticide (Section 315) and so on.
 Example of Violation of Article 315: A minor Bengali girl named
Phulmoni Dasee was found bathed in blood on her husband’s bed.
Her cause of death was a vaginal rupture . While the Husband was
prosecuted for homicide he was not charged under rape. While
this case inspired the judiciary to increase the age of consent
,nothing was done with regards to marital rape. It was considered
that because Phulmoni was married to perpetrator , he could have
not raped her.
8 Laws That Every Women Must Be Aware Of
 Eve Teasing: Sections 294 and 509 of the Indian Penal Code (IPC) prohibits any
individual or group of people to pass any kind of offensive comment or execute any
such gesture towards a girl of any age.
 Child Marriage: The Child Marriage Restraint Act passed in 1929 prohibits a girl
who is not 18 to get married.
 Improper Police Procedure: Under the high court directive, every police station
must have a lady officer ,not of a post below that of Head Constable available roundthe clock .The police shall also help the victim of sexual assault of any degree with
counseling assistance . A woman can only be searched by a lady officer and can be
arrested only in the presence of a lady officer. A woman cannot be arrested before
sunrise or after sunset unless from the orders from the district magistrate.
 Minimum Wage: According to the Minimum Wages Act, 1948, the Government of
India has set minimum wages for every section of profession that must be paid to any
skilled, semi-skilled and unskilled workers. The minimum wage for a skilled worker
in Delhi is Rs 423, be it a man or a woman.
 Succession of Property: Under the clause of the Hindu Succession Act, 1956, any
person who is entitled to be the heir of a property of ancestor, should get the property
regardless of gender.
 Dowry: Dowry Prohibition Act, 1961, says that if any one gives or receives or even helps
the exchange of money , he or she will face a jail term five years or more . The victim will
also have to pay a fine of Rs 15,000 or the sum of dowry, whichever is more.
 Domestic Violence: This falls under Section 498A of the IPC. According to this law, any
person can complain about any incident where a family member has offended him or her
cruelly or with the intention of cruelty. This law is applicable for or against any member
regardless of gender.
 Offensive Propaganda: The Indecent Representation of Women (Prohibition) Act,
1986, prohibits any individual or organisation to publish or help post, publish, exhibit or
advertise - online or offline - any kind of representation of women that can be considered
to be indecent.