Knowledge of crime against Women and Children Questions

The correct answer is Option 2.

• As per the act, anyone found in contravention of the provisions of this act is to punished with minimum 6 months in jail which may extend up to 2 years or fine of minimum Rs. 20,000 up to Rs. 50,000 or both.

Key Points

• Even the first time offenders are liable for punishment.
• However, the parents/guardian of the child or adolescent is not punished unless they have allowed them to work in conditions violating the rules.
• Also, the parents/guardian is not to be punished under this act for a first-time offence.

The correct answer is option 1.

• Section 376B
  • Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

Additional Information

• IPC Section 375 talks about Committing Rape as a crime.
• Section 376 talks about the Punishment for committing rape.
• Section 376A - Punishment for causing death or resulting in a persistent vegetative state of the victim.

The correct answer is When the pregnant woman has undergone two or more spontaneous abortions or foetal losses.

• The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 allows pre-natal (pre-natal means before birth) diagnostic for certain medical purposes and diagnostic of pre-birth diseases, which includes chromosomal abnormalities; genetic metabolic diseases; hemoglobinopathies; sex-linked genetic diseases; congenital anomalies.

Key Points

• In such situations the doctor/technicians conducting such diagnostic shall check the following things and ensure that at least any one of these are fulfilled: 
  • that the age of the pregnant woman is above 35 years; or
  • the pregnant woman has undergone two or more spontaneous abortions or foetal losses; or
  • he pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals; or
  • the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease. 
• In those circumstances when the pre-natal diagnostic is done, neither the woman nor her relatives should ask for the sex of the baby nor the person conducting the test shall say it either by words or signs.
• Also, it is mandatory for the person conducting the test to explain all the side effects, risks involved and then to take the written consent of the pregnant woman before conducting such a test.

The correct answer is Juvenile Justice (Care and Protection of Children) Act, 2015.

• Juvenile Justice (Care and Protection of Children) Act, 2015:
  • An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.

Key Points

• The act is in force from 15^th January 2016.
• The main aim of the act is to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection.
• Ministry of women and child development is the nodal authority for the implementation of this act.

Additional Information

• The Juvenile Justice (Care and Protection of Children) Act was enacted for the first time in 1986 and got enforced nationwide in the year 2000.
• This act was also amended in 2006 and 2011.
• But the act underwent major changes in 2015 and thus it was renamed as The Juvenile Justice (Care and Protection of Children) Act, 2015.

The correct answer is Social Background Report.

• Section 8 of the Juvenile Justice (Care and Protection) Act, 2015 provides that in cases where children are in conflict with the law (when an offence is done by a child), FIR is not registered. 
• In that situation, the Child Welfare Police Officer shall prepare a Social Background Report in lieu of FIR.
• However, FIR can be registered if the child has done any heinous offence or there is the involvement of an adult person in any offence along with a child.

The correct answer is Sections 2 (b).

• Generally in any law starting chapter contains the definition clause and in most of the small act or specialised laws, it is section 2 which contains definitions of the terms. However, this is not uniform for all the laws.
• The term child marriage is defined under section 2 (b) of The Prohibition of Child Marriage Act, 2006.

Key Points

• Any marriage where either Bride or groom is below the permissible age is called child marriage.
• The permissible age for marriage of a girl is minimum 18 years and that for a boy is a minimum of 21 years.

The correct answer is Imprisonment up to 2 years and a fine of up to two thousand rupees.

Key Points

• Punishment for advertisements containing indecent representation of women and publication or sending by post of books, pamphlets, etc. is provided in section 6 of this act.
• For 1st time offenders: it is Imprisonment for up to 2 years or a fine of up to two thousand rupees or both.
• For repeat offenders: Imprisonment up to 5 years and fine of minimum 10,000 rupees which may go up to 1 Lakh.

• Workplace Sexual Harassment is sexual, unwelcome and the experience is subjective.
• It is the impact and not the intent that matters and it almost always occurs in a matrix of power.
• It is possible that a woman may experience a single instance of sexual harassment or a series of incidents over a period of time.
• It is important also to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.

 “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

• Physical contact or advances;
• A demand or request for sexual favours;
• Making sexually coloured remarks;
• Showing pornography;
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Hence, we conclude that all are examples of sexual harassment.

The correct answer is Female foeticide.

• The role of women in society cannot be undermined than men in any form.
• They are storming all the male bastions and proving themselves to be equally good, if not superior, in all walks of life. Women in India today are also poised to take off.
• But in spite of this in a country where women are put on a pedestal and worshipped as Mother Goddess, it is ironical that crimes against women are on the rise.
• One of such crimes is the crime of  female foeticide (Practice of selective elimination of the female foetus after prenatal sex determination or sex pre-selection)  which is increasing more speedily as compared to female infanticide (elimination of a baby girl). Behind such a pathetic situation, society as a whole is responsible. 

Key Points

• Some of the causes behind female foeticide may be as follows:
  • Inequality or Gender Bias;
  • Dowry Tradition;
  • Male as the Bread Winner of Family;
  • Offering of Pinda;
  • Continuity of Lineage;
  • Old Age Security;
  • Two Child or One Child Norm;
  • Easily available means of Sex Determination. 
• Hence, we conclude that the practice of selective elimination of the female foetus after prenatal sex determination or sex pre-selection is called ​Female foeticide.

Confusion Points

• Female foeticide is the abortion of a female foetus outside of illegal methods.
• Female infanticide is the killing of newborn girl child. 

The correct answer is Dowry Prohibition Act, 1961.

• The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on certain states.
• This Act may be called the Dowry Prohibition Act, 1961.
• It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

Key Points

• This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry.
• The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.