Educational Resources

Women

  • Which Sustainable Development Goal (SDG) aims to promote gender equality?
    The UN defines Sustainable Development Goal (SDG) 5 as Gender Equality which aims to achieve gender equality and empower all women and girls. The global target year for reaching the Sustainable Development Goals is 2030.

  • Which act in the Indian constitution ensures safe working spaces for women?
    The Sexual Harassment of Women at Workplace Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. This Act was essentially derived from the Vishaka Guidelines.

  • What laws in the Indian constitution protect women from sexual harassment online?
    • Information Technology Act of 2000, (amended in 2008)
    • Section 509 IPC (prescribes punishment for word, gesture, or act harming the modesty of women)
    • Section 292 IPC (defines obscenity)

      All of the mentioned laws help you protect yourself online. If you’re a victim of any form of cyber crime, don’t delete photos, emails, or any other information sent by the perpetrator since doing so makes it difficult to trace evidence in the virtual world. As per the ARDC, you can approach three places in any city to lodge a complaint against a suspect:
      • Cyber cells
      • The National Commission for Women
      • Reporting on social media websites

  • Is marital rape considered rape under IPC?
    “Marital rape” or forceful sex without consent of wife by her husband is not recognized as a crime in India. In such a scenario, where a husband forces himself on his wife, the woman can file a case for domestic violence. Irrespective of consent, a husband having sex with his wife who is under the age of 18, is considered as rape in the eyes of the law.
  • Which article of the constitution safeguards rights of women?
    Article 21 safeguards the rights of women. This provision has been invoked to safeguard the rights of women such as the right to divorce, to live a life free from violence, and the right to safe abortions.

  • Is consent valid if the person giving consent is drunk or drugged?
    No. According to the law, a person’s consent is not valid if ‘[the person]’ agreed but is drugged, drunk, is not of sound mind or is mentally ill’.

  • Is intercourse under the false pretext of marriage considered rape?
    If a man forces a woman to have intercourse under the false pretext of a promise to marry her, but has no intention to keep this promise, then it will amount to rape.

  • Is monitoring of social media activity cyber-stalking?
    In case a person monitors or follows the victim’s activity online through social media and instant messaging applications, then it is cyber-stalking.

  •  Does sending unsolicited obscene text or images count as sexual harassment under IPC?
    Any unwelcome physical, verbal or non-verbal conduct of a sexual nature counts as sexual harassment and is a punishable offence.

  • Which articles of the IPC ensure equal pay to women?
    Article 14 guarantees equality before the law and equal protection of law to all its citizens.
    Articles 15 (1) and 16 (2) expand this principle further and prohibit discrimination on the basis of religion, race, caste, sex or place of birth.

  •  Is there a legal obligation for a husband to provide shelter and maintenance for his wife?
    Yes, the Hindu Adoptions and Maintenance Act, 1956, entitles wives a basic right to reside in the matrimonial/marital household. The term matrimonial home refers to a household a woman shares with her husband.

  • In case of rape, will the victim’s identity be made public if they file an FIR?
    No, the identity of a victim or survivor is to be kept private. The Supreme Court has directed the print and electronic media to not reveal the identity of the victim or survivor “even in a remote manner”. Releasing the name of a rape survivor is a crime under the IPC (section 228-A).

  • What is “domestic violence” under the Protection of Women from Domestic Violence Act?
    The term “domestic violence” under Domestic Violence Act includes physical, emotional, sexual and economic violence.
    Physical violence – beating, kicking, slapping, etc.
    Emotional violence – abusing, using derogatory words, etc.
    Sexual violence – forcing the wife to have sex, forcing her to watch pornography, threatening to have sex with other women in her presence, forcing the wife to have sex with other men, etc.
    Economic abuse– neglecting to maintain the wife, not giving her money for her maintenance, not returning her dowry, stridhan or jewelry etc.

  • Which hospitals are bound by law to treat a rape survivor?
    Both government and private hospitals are bound by law to treat a rape survivor. A registered doctor at a private hospital is bound by law to treat you and collect evidence. Therefore, it is not necessary that you go to a government hospital. Refusing the treatment of rape survivors is punishable under Section 166 B of the IPC with imprisonment for a term up to one year, or with a fine, or with both. Health professionals need to respond fully and completely to the needs of survivors.

  • Can you file an FIR only in the area the crime was committed in?
    Irrespective of where the crime was committed, an FIR can be filed at any police station in India. This is called a Zero FIR. The police are duty-bound to register the same. For example, if the crime took place in Noida, but the victim is a resident of Delhi, they can file a complaint in Delhi. The case will then be transferred to the relevant police station in Noida for further investigation.

  • Can a victim ask the police for protection?
    Yes. In case a victim fears for their safety after registering the FIR, they can ask the police for protection. They may also approach the court of law for a protection order or a restraining order (this person will not be allowed near the victim) or an injunction (warning) against a person if the victim feels that such a person threatens their safety.

  • What number can you call to report a sexual crime?
    You can contact the local police at their helpline number: 100. The National Commission for Women (NCW) has launched a national helpline (1091) for women. You can dial 1091 to report a sexual crime anywhere in India. You will be required to give details of the crime, your address, and phone number. A police unit will reach you soon to help you. You can also dial 181, a helpline available in all states of India.

  • Can you change the contents of the FIR once registered?
    No, once an FIR has been registered, its contents cannot be changed. However, you may provide the police with additional information at any time after the registration of the FIR.

  • Can you request for the presence of a female officer when filing an FIR?
    While it is not mandatory that a female police officer is present at the time of filing an FIR, most women prefer it. You may ask for a female police officer to be present if you want.



Children

  • What is the legal definition of a child, according to the Indian legal system?
    The legal definition of a child under the Indian Legal system is actually NOT fixed. This is because various laws define ‘child’ in different ways, which often leads to the problematic or inefficient implementation of various laws.

  • Under the Child Labour (Prohibition and Regulations) Act, 1986, what is the legal age of a child?
    Under the Child Labour (Prohibition and Regulations) Act, 1986, a child means a person who has not completed his fourteenth year of age.

  • Under the Child Marriage Restraint Act, 1926, what is the definition of a child?
    Under the Child Marriage Restraint Act, 1926, a child means a person who, if a male, has not completed twenty-one years of age and, if a female, has not completed eighteen years of age.

  • Under the Juvenile Justice (Care and Protection) Act, 2000, what is the definition of a child?
    Under the Juvenile Justice (Care and Protection) Act, 2000, ‘Juvenile’ or ‘Child’ means a person who has not completed the eighteenth year of age.