Law for Muslim Women

 Law for Muslim Women

·         Irregular marriage is also known as Fasid marriage. Thus when a person marries his wife's sister, the marriage is irregular, but he can validate it by pronouncing talaq on his wife.

·         An agreement between a prospective bride and a groom which does not meet all the essential conditions of a Muslim marriage is a void agreement and any marriage that takes place in furtherance of a void agreement is called a void marriage or Batil nikah.

·         The object of the iddat is firstly to ascertain whether the wife is pregnant, and if so, the paternity of the child. Secondly, in the event of a revocable divorce, it gives the husband the opportunity to return to his wife, and thirdly, it gives a widow the opportunity to mourn the death of her husband.

·         In Islam, iddah or iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.

·         When all the essential conditions of a Muslim marriage are duly fulfilled, it is called a sahih nikah or valid marriage.

·         Apart from the divorce which may emanate either from the husband or the wife without the intervention of the court or any authority, Muslim law also provides for the dissolution of marriage to the wife by decree of the court. It is called Faskh. The word Faskh means annulment or abrogation.

·         Talaq is also of three kinds - 'Talaq-e-ahsan', 'Talaq-e-hasan' and 'Talaq-e-biddat'. The Quran and 'hadith' i.e. sayings of the Prophet Muhammad, approve of 'talaq-e-ahsan', and 'talaqe-hasan' as they are considered most reasonable form of divorce.

·         The difference between a khula divorce and a mubara'at divorce is that in khula the wife desires the divorce and initiates it, while in mubara'at both spouses desire the separation.

·         The Hanafi school believes that all adult females have the exclusive right to enter into a khula.

·         Ahmed Khan v Shah Bano Begum', which cites the victory story of a 62 year old Muslim woman for her right to maintenance from her husband under section 125 of CrPC who had divorced her.

·         ARIYAT. This form of gift permits the enjoyment of the property without the inhibiting the title of the donor.

·         In Hiba- bill-iwaz the consideration is paid by donee voluntarily whereas in Hiba-ba-Shartul-iwaz its payment is a condition precedent.

·         In Hiba- bil-iwaz the consideration is at the will of donee but in Hiba-ba-shartul- iwaz the value and kinds of consideration is at the discretion of the donor.

·         Gift of Musha or Gift of undivided share : The word Musha means an undivided share or part in a property.

·         Such property may be movable or immovable. Under Muslim law, Musha signifies an undivided share in a joint property.

·         Musha is therefore, a co-owned or joint property.

·         Muta is a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner.

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Infanticide

 Infanticide

Infanticide is a general term for the murder of a child aged less than 1 year, and filicide is used when the perpetrator is the parent, but neonaticide is used to refer to deliberate killing of a child up to 24 h of age by his or her parent.

William Bentinck (1828-1835): He was the Governor-General of India that banned female infanticide. He declared it as a punishable crime. The practice of female infanticide was found in western parts of India.

Provisions of IPC for infanticide:

In India, the offence of infanticide or the killing of an infant is charged as murder and is therefore equivalent to conviction under Section 302 of the Indian Penal Code.

Section 315 of the Indian Penal Code, 1860, relates to an act done with the intent to prevent child being born alive or to cause it to die after birth'. According to this section, an act done by a person with the intention of preventing a child from being alive when he/she is born or causing it die after he/she was born alive, causes the child to die before or after birth, will be punished for a term of imprisonment extending to ten years, or will be charged with fine, or both. Such act, when committed, does not include an act done to save the life of a pregnant woman, that is an act done in good faith.

Section 318 of IPC: This section intends to preventing infanticide. It is directed towards a person who disposing of the body of a child upon his/her birth.

The properties of this section are:

a. Secret burying or in any way disposing of the dead body of an infant

b. The fact whether the child dies before, during or after the birth is not required.

c. The person disposing the body of a child should have an intention to conceal the birth of that child.

Abandonment of an infant by a parent or a person assigned the care of a child, with the intention to fully abandon that child, leads to an offence under Section 317 of the Indian Penal Code, 1860. A punishment under this section is described as a term of imprisonment for seven years, or with fine, or both.

Sec. 312 = Causing Miscarriage (Volutarily)

Sec. 313 = Causing Miscarriage without woman’s consent

Sec. 314 = Death caused by act done with intent to cause miscarriage.

Sec. 315 = Act done with intent to prevent child being born alive or to cause it to die after birth.

Sec. 316 = Causing death of quick unborn child by act amounting to culpable homicide.

Sec. 317 = Exposure and abandonment of child under twelve years, by parent or person having care of it.

Sec. 318 = Concealment of birth by secret disposal of dead body.

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Which of the following enactment declared infanticide equal to murder?

(a) Criminal Procedure Code

(b) Indian Penal Code è

(c) Immoral Trafficking Act

(d) None of the above.

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Which of the following is not a gender-based violence?

A. Prostitution

B. Female Infanticide

C. Sex-selective Abortion

D. Culpable homicide è

Section 304 of IPC provides for culpable homicide

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Sections 312 to 318 of the IPC deal with offences of ______.

(a) Causing of miscarriage

(b) Unborn children

(c) Exposure of infants

(d) All the above è

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Causing miscarriage without women’s consent is punishable under ________ of IPC?

(a) Section 312 (b) Section 313 è

(c) Section 316 (d) Section 320

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Section 312 of IPC deals with:

(a) Rape (b) Causing Miscarriage è

(c) Bigamy (d) Adultery

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What is the meaning of expression ‘woman being quick with child’ under section 312 IPC?

A. Woman being in First trimester of pregnancy

B. Woman after third month of pregnancy è

C. Both A and B

D. None of above

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Commission of Sati (Prevention) Act, 1987

 Commission of Sati (Prevention) Act, 1987

Sati (Prevention) Act, 1987 is a law enacted by Government of Rajasthan in 1987. It became an Act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988. The Act seeks to prevent sati, the voluntary or forced burning or burying alive of a widow, and to prohibit glorification of this action through the observance of any ceremony, participation in any procession, creation of a financial trust, construction of a temple, or any actions to commemorate or honor the memory of a widow who committed sati.

Sati was first banned under Bengal Sati Regulation, 1829.

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When prosecution for an offence under Section 4 of Commission of Sati (Prevention) Act, 1987 takes place, the burden of proof of not having committed the offence lies on whom of the following:

A. The State

B. The Accused

C. In-laws of the deceased woman

D. Witness è

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If you want a detailed blog explaining the Commission of Sati (Prevention) Act, 1987 and the Bengal Sati Regulation, 1829 and rules made under these Acts then please comment below.

Sati Pratha

Sati Pratha

Sati, also spelled as Suttee, is a practice among Hindu communities where a recently widowed woman, either voluntarily or by force, immolates herself on her deceased husband's pyre. The woman who immolates herself is, hence, called a Sati which is also interpreted as a 'chaste woman' or a 'good and devoted wife'.

Sati system in India is said to have its origins back in the 4th century BC. However, the evidence of the practice is traced between the 5th and 9th centuries AD when widows of the Kings performed this sacrifice. Jauhar was among one of the most prevalent practices in Rajasthan and Madhya Pradesh.

Raja Ram Mohan Roy, the man who abolished Sati Pratha.

18-year-old Roop Kanwar remains India's last known case of sati, her death stunning a nation and forcing a rewrite of its laws

It was due to the efforts of Raja Ram mohan Roy that Lord William Bentick abolished Sati system in 1829 by declaring it an offence. It advocated freedom of the press and condemned any restriction imposed on it by the Government. It supported widow-remarriage and the education of girls.

Bhabani Charan Bandyopadhyay (1787 – 20 February 1848) was a noted Indian journalist, author and an orator. He was adored for his deftness in speech. He was a conservative Hindu, who opposed Ram Mohan Roy in the abolition of Sati System. He was the founder of the Dharma Sabha.

Eran Pillar inscription of Bhanugupta

The first epigraphic evidence of Sati has been found from Eran Pillar Inscription of Bhanugupta, Madhya Pradesh. Some records suggest that the first example of Sati appears in the Gupta Period in 510 AD.

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According to whom the practice of Sati was not in accordance with the mandates of shastras?

(a) Ashoka.

(b) Lord Wellesley.

(c) Raja Ram Mohan Roy.

(d) None of the above.

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The first epigraphic evidence of Sati is found in which of the following inscriptions?

a) Eran Pillar inscription of Bhanugupta

b) Junagadh inscription of Rudradaman

c) Allahabad Pillar inscription of Samudragupta

d) Madhuban inscription of Harsha

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Ganga Action plan (GAP)

 Ganga Action plan (GAP) = Ganga Action Plan Overview

1. Ganga action plan was started in 1986 with the objective of pollution abatement from river Ganga.

2. GAP – Ganga Action Plan is a 100% centrally sponsored scheme. Under this plan, the National River Ganga basin authority was established and declared Ganga as a national river of India.

3. Ganga Action Plan was directed by Rajiv Gandhi. The authority is headed by the prime minister and chief ministers of all the states in which river Ganga flows.

4. GAP was divided into two phases. Phase-I started in 1985 and covered the then three states, Uttar Pradesh (UP), Bihar and West Bengal (WB).

5. Phase-II of GAP was launched in 1993, which covers seven states that include Uttarakhand, UP, Bihar, Jharkhand, West Bengal, Delhi and Haryana.

6. In the second phase, Ganga action plan was created for all these tributaries. The national river conservation plan was started under the same program for the 2nd phase.

7. It included tributaries of Ganga as well like Yamuna, Mahananda, Gomti, Damodar.

8. The Ministry of Environment and forests (MoEF) was made in charge of the overall design and implementation of GAP.

9. Central Ganga Authority (CGA) came into existence under the Environment Protection Act 1986, headed by the Prime Minister of India.

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The Water (Prevention & Control of Pollution) Act 1974

The Water (Prevention & Control of Pollution) Act is legislated in the year

A. 1972

B. 1974 è

C. 1984

D. 1986

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The main feature of the Water Act is the control of pollution through a permit or “consent administration” procedure.

Discharge of effluents into water bodies was only allowed by obtaining the consent of the State Board, within restrictions it poses.

Act covers the following aspects of regulating water resources in the country:

1. To prevent and control water pollution.

2. To maintain “wholesomeness” of water, i.e. to maintain the qualities of water so that its consumption and use by living organisms is not hampered.

3. To establish State Boards for prevention and control of pollution, which gets subsumed by the Air Act, passed in 1981.

4. To empower the Boards for prevention and control of pollution.

5. To provide penalties for breaking the rules of the provisions under this Act.

6. To establish state water testing laboratories and develop its protocols.

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Provisions for Central, State and Joint Boards have been made under

(a) The Water (Prevention and Control of Pollution) Act, 1974 è

(b) The Air (Prevention and Control of Pollution) Act, 1981

(c) The Environment (Protection) Act, 1986

(d) All of the above

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The Wildlife (Protection) Act, 1972

 The Wildlife (Protection) Act was enacted in the year :

(a) 1986 (b) 1974

(c) 1994 (d) 1972 è

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Objectives of wild life conservation

1. Protection of natural habitats of organisms through controlled exploita­tion.

2. Maintenance of rare species in protected areas such as national parks, santuries etc.,

3. Establishment of specific biosphere reserves for endangered plants and animals.

4. Protection of wild life through legislation such as banning hunting etc.,

5. Imposing specific restrictions on export of endangered plants and animals or their products.

6. Educating the public about the need to protect and preserve the environ­ment as a long range goal for the welfare of future generations.

Salient Features of Wildlife Protection Act

1. This Act provides for the protection of a listed species of animals, birds, and plants, and also for the establishment of a network of ecologically-important protected areas in the country.

2. The Act provides for the formation of wildlife advisory boards, wildlife wardens, specifies their powers and duties, etc.

3. It helped India become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

4. CITES is a multilateral treaty with the objective of protecting endangered animals and plants. It is also known as the Washington Convention and was adopted as a result of a meeting of IUCN members.

5. The Act prohibited the hunting of endangered species.

6. Scheduled animals are prohibited from being traded as per the Act’s provisions.

7. The Act provides for licenses for the sale, transfer, and possession of some wildlife species.

8. It provides for the establishment of wildlife sanctuaries, national parks, etc.

9. Its provisions paved the way for the formation of the Central Zoo Authority. This is the central body responsible for the oversight of zoos in India. It was established in 1992.

10. The Act created six schedules which gave varying degrees of protection to classes of flora and fauna.

11. Schedule I and Schedule II (Part II) get absolute protection, and offences under these schedules attract the maximum penalties.

12. The schedules also include species that may be hunted.

13. The National Board for Wildlife was constituted as a statutory organization under the provisions of this Act. This is an advisory board that offers advice to the central government on issues of wildlife conservation in India. It is also the apex body to review and approve all matters related to wildlife, projects of national parks, sanctuaries, etc. The chief function of the Board is to promote the conservation and development of wildlife and forests. It is chaired by the Prime Minister.

14. The Act also provided for the establishment of the National Tiger Conservation Authority. It is a statutory body of the Ministry of Environment, Forest and Climate Change with an overall supervisory and coordination part, performing capacities as given in the Act. Its mandate is to strengthen tiger conservation in India. It gives statutory authority to Project Tiger which was launched in 1973 and has put the endangered tiger on a guaranteed path of revival by protecting it from extinction.

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