AIDWA

Women and Law

ON MUMBAI HC ORDER REGARDING ADOPTION OF SECOND CHILD

22 September 2009 The All India Democratic Women’s Association welcomes the Bombay High Court judgment allowing the adoption of a second female child by a couple, who already had a biological girl child. The couple had earlier obtained guardianship of the minor girl who had lived with them for four years. The court allowed the adoption by overriding the specific prohibition in the Hindu Adoption and Maintenance Act 1956, that a Hindu adoptive father or mother should not have a living Hindu daughter or a son’s daughter. In upholding the adoption the court relied upon the Ju...

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ON BILL FOR PROTECTION OF WOMEN AGAINST SEXUAL HARASSMENT AT THE WORKPLACE

 7th November 2010 AIDWA welcomes the introduction in the Lok Sabha of the Bill on the Protection of Women against Sexual Harassment at the Work place. This bill has been introduced after a consistent struggle by women’s organizations for several years. However, AIDWA is deeply concerned about certain provisions in the draft. It is unfortunate that “false and malicious complaints” of sexual harassment have been made punishable in the proposed law. This is totally against the Vishahka Judgment which had clearly stated that no action should be taken against a woman for...

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ON ADVISORY REGARDING SECTION 498A IPC

 3 November 2009 AIDWA is deeply concerned about the letter reported to have been sent by the Home Ministry to all the state governments advising them that arrest under S. 498A should be the “last resort”. According to AIDWA and the experience of several women’s groups it is not true that this clause, which deals with cruelty and harassment against women, is widely misused. In fact, AIDWA has often found it extremely difficult to use S. 498A, to register cases under it and to make the police act in several genuine cases of often poor and middle class women, who have bee...

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NOTE ON AMENDMENTS MOVED BY BRINDA KARAT ON THE CrPC AMENDMENT BILL

January 2009 In Para 3 of the bill the insertion of the new proviso to S24 CrPC should be amended to read as under:  “Provided that the Court shall permit the victim to engage an advocate of her/his choice to prosecute the case on her/his behalf” In Para 30 of the bill in the proposed table which makes certain offences compoundable by specified persons the following offences should be deleted:   Criminal breach of trust- 406 Assault or criminal force to woman  with intent to outrage her modesty- 354 Utter...

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MEMORANDUM TO LAW MINISTER ON IRRETRIEVABLE BREAKDOWN OF MARRIAGE

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MEMORANDUM ON PROPOSED AMENDMENTS TO MATERNITY BENEFIT ACT

3 July 2007 To:                                                                               The Chairperson, & the Hon’ble Members, Parliamentary Standing Committee on Labour, New Delhi. Subj...

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DISCUSSION NOTE ON AMENDMENTS TO THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956

One major point requiring discussion is whether in this Act, the focus should be on prevention of prostitution or on the prevention of trafficking in the larger sense of the term as covered in International Protocol on trafficking .In the present Act, Section 5, and in the proposed amendments Sections 5A and 5B also, deal with procuring and trafficking. Section 6 deals with detention of person in a brothel and Section 11 deals with notification of addresses of previously convicted offenders under Sections 363,365, 366A,366B, 367,368,370, 37...

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MEMORANDUM TO RAJYA SABHA PETITIONS COMMITTEE ON SECTION 498-A IPC

23rd December 2010 The All India Democratic Women’s Association (AIDWA) is deeply shocked and distressed that the Rajya Sabha Petitions Committee is considering a Petition filed by one Dr. Anupama Singh to completely dilute and undermine the provisions of Sec 498-A of the IPC. The petition of this doctor has demanded that Sec 498-A be made non- cognizable, bailable and compoundable. Sec 498-A recognizes the fact that acute domestic violence and dowry related torture is a serious offence, and prescribes a punishment of upto three years for it. The attempt in this petition is to...

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MEMORANDUM ON DRAFT BILL AGAINST SEXUAL HARASSMENT AT WORKPLACE

30 March 2007    To The Secretary, Government of India, Ministry of Women and Child Development, Shastri Bhavan, New Delhi 110001 Dear Madam, We are writing to you on behalf of the All India Democratic Women’s Association which has a membership of over 1 crore women throughout the country. We welcome the initiative of the government in circulating the proposed draft of the Protection of Women against Harassment at Workplace Bill, 2007, for comments. We feel that a law on sexual harassment at the workplace is essential and should be urgently introduced to ta...

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LETTER BY BRINDA KARAT, MP ON APPOINTMENT OF A FULL-TIME CHAIRPERSON OF THE WOMEN'S COMMISSION

7 September 2009 Dear Dr. Manmohan Singh ji, This to draw your kind attention to the absence of a fulltime Chairperson of the National Commission for Women. The present incumbent Dr. Girija Vyas whose work in the Commission has earned her the highest regard and respect, was elected to the Lok Sabha and has therefore to shoulder her responsibilities as a Member of Parliament. During the last session of Parliament I had spoken to the Minister concerned Krishna Tirath as well as Dr. Girija Vyas, and both of them had agreed that a fulltime Chairperson is required. However, since thr...

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STATEMENT ON SUPREME COURT JUDGMENT DEFINING CRUELTY UNDER S 498 IPC

 6 August 2009  AIDWA expresses its deep concern about the recent Supreme Court Judgement defining cruelty and states that it proceeds on a wrong understanding of what constitutes cruelty under Section 498 A, IPC.  The judgement, which has been reported in the daily newspapers on the 5th and 6th of August, 2009, reportedly states that kicking a daughter in law with a leg or threatening her with divorce will not amount to cruelty.   It further states that constant sermons by the mother in law, poisoning her son against the daughter in law and giving her daughter in l...

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