"Criminal Law Amendment Act, 2013 through the Feminist Lens" (original) (raw)
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The principle of gender equality is inspired the framers of the constitution and they give space to gender equality in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only provides equality to women, but also empowers the State to adopt measures to protect the rights of women and also supports the reasonable classification in favor of women. On the basis of our Constitution the statutes of our country, development policies, Plans and programs have aimed at women's advancement in the society. Our country India has also signatory member of various international conventions and human rights instruments committing to secure equal rights of women like UDHR and in recently the Convention on Elimination of All Forms of Discrimination against Women (CEDAW-1993). Based on the Laws and provisions enacted to protect the women in India we divide these into three sub headings, Firstly the Constitutional Provisions-The Constitution not only provides equality to women, but also empowers the State to adopt measures to protect the rights of women and also supports the reasonable classification in favor of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Constitutional provisions ensures equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard. Second is Legal Provisions-Based on Constitutional principle, Indian Government has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support to all types of women whether they are house maker or working women. Crime against Women are broadly classified as The Crimes Under the Indian Penal Code (IPC) such as Rape (Sec. 376 IPC), Kidnapping & Abduction for different purposes (Sec. 363-373), Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC), Torture, both mental and physical (Sec. 498-A IPC), Molestation (Sec. 354 IPC), Sexual Harassment (Sec. 509 IPC), and The Crimes identified under the Special Laws. Some acts have special provisions to safeguard women and their interests like