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Legal Amendments / Bills Proposed

LEGAL AMENDMENTS/BILLS PROPOSED

Amendment to:

    • Criminal Procedure Code, 1973.
    • Indian Penal Code, 1860.
    • Indian Evidence Act, 1872.
    • Dowry Prohibition Act, 1961.
    • Commission of Sati (Prevention) Act, 1987.
    • Hindu Marriage Act, 1955.
    • Child Marriage Restraint Act, 1929.
    • Indecent Representation of Women (Prohibition) Act, 1986.
    • Immoral Traffic (Prevention) Act, 1956 (for elimination of child prostitution and devising a comprehensive package for rehabilitation).
    • Medial Termination of Pregnancy Act, 1971.
    • Family Courts Act, 1984.
    • Foreign Marriage Act, 1969.
    • Guardians and Wards Act, 1890.
    • Indian Succession Act, 1925.
    • Representation of the People Act, 1951.

Bills

    • The Marriage Bill, 1994.
    • The Domestic Violence to Women (Prevention) bill, 1994.
    • The Orphan & Destitute Children (Adoption) Bill, 1994.
    • The Criminal Laws (Amendment) Bill, 1994 (with reference to child rape).
    • The Criminal Laws (Amendment) Ordinance, 1996.
    • The Prevention of Barbarous and Beastly cruelty against Women Bill, 1995.
    • The Constitution 81st Amendment Bill, 1996.

Important Court Interventions
The National Commission for Women can and it has intervened in some important court matters.

    1. Bhateri gang rape case (Rajasthan):- The Commission suo- moto took up the case of M. Bhanwari Devi and extended its full support in going for appeal and also providing security to the victim and appointment of a special public prosecutor to argue her case.
    2. Capital Punishment / Death Penalty (Ramshree’s case) : Due to the timely intervention of the National Commission for Women in the Supreme Court, the order of the death sentence was temporarily stayed and the Hon’ble Court, later on commuted the death sentence into life imprisonment.
    3. Obscenity cases:-

1.      The Hon’ble High Court of Delhi put an injection on the launching of +21 adult channel by the Ministry of Information & Broadcasting, Govt. of India.

2.      The NCW had moved the Hon’ble High Court of Delhi against Star TV, Zee TV, etc. for showing obscene pictures on television  and other media.

    1. Against out dated customs & traditions : Maimon Baskari’s Nuh (Haryana) case:
      The NCW took up the case of Ms. Maimon Baskari who was allegedly a victim of torture and rape for marrying a person of her choice. The Supreme Court has united the couple.
    2. Divorced Muslim Women’s Entitlement to Maintenance beyond the lddat period: In the matter of Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak Shaik, the NCW has intervened in the Supreme Court of India to support the stand of Jaitunbi. The case is pending.

PARIVARIK MAHILA LOK ADALAT (PMLA); An Alternative Justice Delivery System-
The National Commission for women has evolved an innovative concept of PMLA for redressal and speedy disposal of cases under Legal Service Authority Act, 1987, which has its roots in the traditional Nyaya Panchayats. The essential features of PMLA are amicable mutual settlement and flexibility in functioning. The NGOs in association with District Legal Aid and Advisory Boards, activists, advocates and others, organise Parivarik Mahila Lok Adalats with the Commission’s financial assistance. So far, 130 PLMAs have been held in which about 7500 cases were taken up.

 

URL- http://socialwelfare.delhigovt.nic.in/ncw.htm

 

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