Women & Criminal Law
Mahatma Gandhi University · LL.B. Semester 6 · UL-28
Unit I
(Introduction- Concept of Woman & Gender Discrimination) What is meant by the term ‘Woman’, ‘Gender’- notions of sex and gender- distinction between the biological and cultural concept of gender - deconstructing “man”, “women”, “other” –LGBT – Private sphere- public sphere dichotomy – understanding patriarchy. Distinction between gender justice and feminism. Historical &Current status of women- indicators of status- survival, female foeticide, control over property, working condition - unpaid work, possession over one’s body and symbolic representations .Gender inequality index- position of India in comparison to other nations; Sustainable Development Goals and Women.
Unit II
(Gender Justice & Feminist Jurisprudence) Schools of feminism – liberal feminism- radical feminism- Marxist Feminism Gender Justice in India: An overview- formal and substantive equality- sameness, correctionist and protectionist approach of state (emphasizing gender justice and judiciary). Personal laws vis-a-vis Gender Justice – disparity among religions -Review of the Prohibition of Child Marriage Act 2006 – Commission of Sati (Prevention) Act, 1987 - Khap Panchayat &Honour killing. Right to Reproductive Choices – Population Control and Reproductive Rights - MTP Act, 1971– Comparing the Indian law with US & Inter-American position on abortion - Pre-conception and Pre-natal Diagnostics Techniques (Prohibition of Sex Selection) Act, 1994.
Unit III
Women& Criminal Law Jurisprudence Protection for women in criminal law-the Jurisprudence of law making- CrPC- 125 -Dowry death – Development of rape law- bigamy- adultery- changes made according to criminal law Amendment Act, 2013 – Prisons Act – Immoral Traffic (Prevention) Act, 1956 – Indecent Representation of Women (Prohibition) Act, 1986.
Unit IV
Women and Criminal law – New Changes Justice Verma Commission Report 2013-Criminal Law Amendment Act 2013- New Offences-Stalking, voyeurism and other cyber-crimes. Domestic Violence Act , 2005- Scope , Role of protection officers , Reliefs under the Act. Law relating to Sexual harassment at Work place Act, 2013 – review of case laws.Review of cases and live cases.
Unit V
Role of International and National agencies UDHR, ICCPR, ICSER, CEDAW, Beijing Declaration. Female Criminality- Sentencing policies – Comparative study- Role of NGO- Mother as the center of a family- Community Help -U.K, U.S.A. National Commission on women in India – Law Commission reports
- Position of Women under International instruments — Salient features of Convention for Elimination of all forms of Discrimination against Women (CEDAW) and optional protocols to the Convention
- National Commission for Women Act, 1990
- The UN Human Rights System and UDHR
- International Covenant on Civil and Political Rights, First Optional Protocol, Second