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The Criminal Law Amendment 2013 and Gender Equality


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1 Decan Education Society's Shri. Navalmal Firodia Law College, Pune, India
 

Criminal Law Amendment Act which came into force in the year 2013 is the most significant step as far as the protection of the women’s rights is concerned. The issue of gender justice in India is incomplete without the reference to the Justice Verma Committee Report that led to the Criminal Law Amendment Act of 2013. The Report is very crucial and cannot be overlooked asit dealt with the issuesrelated to gender justice and gender equality with such expertise that it encompasses almost every important aspects involved of the ideology. This article tries to throw light on the perspectives of gender equality and gender justice with special reference to the contribution of Justice Verma Committee Report in this regard.
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  • http://www.prsindia.org/uploads/media/Justice%20verma%20committee/js%20verma%20committe%20report.pdf

  • M. K. Gandhi, Speeches and Writings. G. A. Natesan& Company, Madras, 1933.

  • NHRC Order dated April 1, 2002 in Case No.1150/6/2001-2002

  • Article 14 of Constitution of India.

  • Banerjee, N. 1998. ‘Whatever Happened to the Dreams of Modernity? The Nehruvian Era and Woman’s Position’, Economic and Political Weekly, Volume(17).

  • Some of its key recommendations that have a direct bearing on a woman’s economic empowerment are summed up as below: 1. The report noted that economic rights of women were contingent on each woman being recognised as a separate and an independent unit within the economic structure. 2. WRPE report dealt with equal pay for equal work and also raised the question of compensation for household labour by absolute claim on a portion of the household income. 3. The report also accorded womenthe righttoclaimcrèche facilities.(This crucial provision was not recognised till as late as 2006, in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGS), but unfortunately this provision still remains extremely inadequate if not dysfunctional) 4. The report suggested that “there should be cessation of all work during the day - so that the mid-day meal can be conveniently taken and the house wife is released from the duties in kitchen” [NPC 1948:227, resolution I lb].24 5. It also condemned the prioritization of male workers over women, and sought equal guarantees for women at work regardless of their marital status.

  • “Article 16 (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”

  • The International Covenant on Civil and Political Rights,1966

  • India acceded to the ICCPR on April 10, 1979. India has, however, not signed or ratified the optional protocols to the ICCPR (including the Second Optional Protocol, which abolishes death penalty).

  • India acceded to the ICESCR on April 10, 1979. India has not signed or ratified the optional protocol to the ICESCR.

  • India signed the Convention on the Political Rights of Women on April 29, 1953 and ratified it on November 1, 1961

  • Available at http://www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx

  • Available at http://www.un.org/documents/ga/res/48/a48r104.htm


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  • The Criminal Law Amendment 2013 and Gender Equality

Abstract Views: 165  |  PDF Views: 86

Authors

Rohini Honap
Decan Education Society's Shri. Navalmal Firodia Law College, Pune, India

Abstract


Criminal Law Amendment Act which came into force in the year 2013 is the most significant step as far as the protection of the women’s rights is concerned. The issue of gender justice in India is incomplete without the reference to the Justice Verma Committee Report that led to the Criminal Law Amendment Act of 2013. The Report is very crucial and cannot be overlooked asit dealt with the issuesrelated to gender justice and gender equality with such expertise that it encompasses almost every important aspects involved of the ideology. This article tries to throw light on the perspectives of gender equality and gender justice with special reference to the contribution of Justice Verma Committee Report in this regard.

References