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Discrimination Against Women with Special Reference to Female Foeticide in State of Rajasthan

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Discrimination Against Women with Special Reference to Female Foeticide in State of Rajasthan DISCRIMINATION AGAINST WOMEN WITH SPECIAL REFERENCE TO FEMALE FOETICIDE IN STATE OF RAJASTHAN A THESIS Submitted for the award of Ph.D. Degree In the Faculty of Law to the University of Kota, Kota (Rajasthan) Submitted by: Supervised by: Priyanka Saini Dr. Kailash Chandra Sharma Lecturer in Law Principal (Retd.) Excellent Law College, Government Law College, Kota (Raj.) Jhalawar (Raj.) 2015 Dr. K.C. Sharma Dean & Principal (Retd.) University of Kota, Kota (Raj.) Government Law College, Jhalawar (Raj.) CERTIFICATE FROM THE SUPERVISOR It is certified that the (i) Thesis “Discrimination Against women with Special Reference to Female Foeticide in State of Rajasthan” Submitted by Priyanka Saini, Lecturer in Law, Excellent Law College, Kota (Rajasthan) is an original Copy of research work carried out by the candidate under my supervision. (ii) Her literary presentation is satisfactory and the thesis is in a form suitable for publication. (iii) Work evinces the capacity of the candidate for critical examination and independent judgment. The thesis incorporates new facts and a fresh approach towards their interpretation and systematic presentation. (iv) Priyanka Saini has put in at least 200 days of attendance every year. Date: 27.08.2015 Dr. K.C. Sharma Place : Kota Supervisor i PREFACE In this study the researcher has examined in detail the “Discrimination Against women with Special Reference to Female Foeticide in State of Rajasthan.” It is intended that such a study will help determine the parameters which any legislation for society must include. The acknowledgement of the debt to other is always a pleasant task. The help given by those mentioned in this acknowledgement has been of paramount value. Despite best efforts, non-acknowledgement to some worthy patrons cannot be completely ruled out but their contribution has been equally valuable. My gratitude to them can never diminish. I record my deep sense of gratitude and gratefulness to Dr. K.C. Sharma, Retired Dean, Faculty of Law, University of Kota, Kota (Raj.), who has kindly taught me the fundamentals of legal research. His scholarly academic support, guidance and training has been immensely sustained which could help me in viewing feminine jurisprudence in India. His willing supervision and guidance has gone a long way in shedding light on many hitherto unknown areas. I am indebted to him not only for accepting me as his research scholar and giving me complete impact of female discrimination in India. I have never missed an opportunity to take best possible advantage of Dr. Sharma's scholarly thoughts and learned discourses in the field of female rights in India. I have hardly any work in my vocabulary to express my gratitude to him. I shall be failing in my duty if I do not express my debt of gratitude's to Dr. Abdul Hamid, Dr. R.K. Sharma, Dr. K.N. Paliwal, Dr. D.S. Thalore (Principal) Govt law college Sikar, Dr. Hembari (Lecturer ii Govt. Law College Sikar), Dr.R.K. Upadhyay, Professor in the Faculty of Law, University of Kota, Kota, for helping me and extending their co- operation in the completion of this work. I am also grateful to Dr. Suresh Bhaira (Principal), Shri Hanuman Singh Tanwar (Director Excellent Law College), Dr. Kshipra Gupta (Principal, Excellent Law College), Mr. Sanjay Bhatnagar (RJS) and other well wishers who have helped me by giving necessary material relating to the study in question. I wish to express my thanks to the staff of the libraries of the University, University of Kota, Kota (Raj.); University Studies in Law, University of Rajasthan, Jaipur; Indian Law Institute, New Delhi; Institute of Development Studies, Jaipur; The Harish Chandra Mathur State Institute of Public Administration, Jaipur; Rajasthan Legislative Assembly, Secretariat; Information Centre, Government, Jaipur and Government Law College, Jhalawar, Government Law College Sikar for their cooperation. I have suitable words to express my feeling of indebtness for my father Shri Madan Lal Saini (Ex. M.L.A.), mother Smt. Patasi Devi, my Father-in-Law Shri Chunni Lal Saini, my Mother in-law Sushila Devi , and my Husband Kuldeep saini who allowed me to tread on their time and comforts during the course of this project. I also acknowledge the help tendered by Vintron Computers, Jaipur for computering the printing of the thesis. Place : Kota, Dated : 27.08.2015 (Priyanka Saini) iii Discrimination Against Women with Special Reference to Female Foeticide in State of Rajasthan GENERAL INDEX Preliminary Detail Chapter Page No. INTRODUCTION 1 1 : ORIGIN AND DEVELOPMENT OF DOMESTIC VIOLENCE 29 2 : DOMESTIC VIOLENCE AND UNIVERSAL DECLARATION OF HUMAN RIGHTS 92 3 : PROTECTION OF FEMALE FOETICIDE UNDER VARIOUS PENAL LAWS AND THEIR CONSTITUTIONAL VALIDITY 117 4 : VARIOUS DIMENSIONS OF FEMALE FOETICIDE AND REGIONAL DIFFERENCE IN VARIOUS PARTS OF INDIA 176 5 : DOMESTIC VIOLENCE WITH SPECIAL REFERENCE TO JUDICIAL DECISIONS 231 6 : GLOBAL TRENDS RELATING TO DOMESTIC VIOLENCE 286 7 : CONCLUSION AND SUGGESTIONS 342 BIBLIOGRAPHY 377 Detailed Scheme of the Thesis Certificate from the Supervisor (i) Preface (ii) Index (iv) List of Cases (xii) INTRODUCTION 1-28 1. Domestic Violence against Women 3 2. Causes of Violence 7 3. Domestic Violence Against Men 8 iv 4. Domestic Violence Against Children/Teens 9 5. Domestic Violence Against Olds 10 6. Other Forms of Domestic Violence in India 11 (A) Consequences of Domestic Violence 12 (B) Consequences of Violence Against Women 13 7. Review of Important Works 18 8. Objectives of the Study 25 9. Hypotheses 25 10. Methodology 26 11. Scope and Limitation of the Study 26 CHAP.–1 ORIGIN AND DEVELOPMENT OF DOMESTIC VIOLENCE 29-91 1.1 Position of Women in Indian Society 29 1.2 Historical Development 31 1.2.1 Women in Hinduism 32 (A) Women in Vedic Period 32 (B) Position of Women in the Brahmanas 39 (C) Women in Upanishads 43 (D) Women in the Laws of Manu 43 (E) Women in Puranas 47 (F) Women in Mahabharata 48 (G) Women in Ramayana 49 1.2.2 Women in Buddhism 51 1.2.3 Women in Christianity 54 1.2.4 Women in Sikhism 55 1.2.5 Women in Jainism 56 v 1.2.6 Women in Muslim Period 57 1.2.7 Women in British Rule 60 1.2.8 Women in Post-Independence India 63 1.3 Elements of Violence Against Women 65 1.3.1 Definition of Violence 65 1.3.2 Lexicon Meaning of Violence 66 1.3.3 Definition of Domestic Violence 68 1.3.4 Definition under Criminal Law 69 1.3.5 The Indian Penal Code 69 1.3.6 The Dowry Prohibition Act, 1961 71 1.3.7 The Commission of Sati Prevention Act, 1987 72 1.3.8 The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 73 1.3.9 Definition under Civil Law 73 1.3.10 The Dissolution of Muslim Marriages Act, 1939 73 1.3.11 The Hindu Marriage Act, 1955 74 1.3.12 The Protection of Women from Domestic Violence Act, 2005 74 1.4 Characteristics of Domestic Violence 81 1.4.1 Domestic Violence in Ancient Indian Society 81 1.4.2 Domestic Violence in Present Indian Society 86 CHAP.–2 DOMESTIC VIOLENCE AND UNIVERSAL DECLARATION OF HUMAN RIGHTS 92-116 2.1 Universal Declaration and other Treatise 110 2.2 Resolution Adopted by the General Assembly 112 2.3 United Nations Intergovernmental Bodies Dealing with Relating to Women 116 vi CHAP.–3 PROTECTION OF FEMALE FOETICIDE UNDER VARIOUS PENAL LAWS AND THEIR CONSTITUTIONAL VALIDITY 117- 175 3.1 Various Laws Protecting Female Foeticide 120 3.1.1 The Pre-Natal Diagnostic Techniques (Pre Natal Diagnostic Test Act) Act & Rules 120 3.1.2 The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 121 3.1.3 Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics 124 3.1.4 Regulation of Pre-Natal Diagnostic Techniques 124 3.1.5 Central Supervisory Board 127 3.1.6 Appropriate Authority and Advisory Committee 133 3.1.7 Registration of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics 136 3.1.8 Offences and Penalties 140 3.2 Indian Penal Code: 149 3.2.1 Causing Miscarriage 149 3.2.2 Causing Miscarriage without Woman’s Consent 150 3.2.3 Death Caused by Act done with Intent to Cause Miscarriage 150 3.2.4 Act done with Intent to Prevent Child being Born Alive or to Cause it to Die After Birth 151 3.2.5 Causing Death of Quick Unborn Child by Act Amounting to Culpable Homicide 151 3.2.6 Exposure and Abandonment of Child under Twelve Years, by Parent Or Person Having Care of it 152 3.2.7 Concealment of Birth by Secret Disposal of Dead Body 153 3.2.8 Constitutional Validity 153 (A) Directions to the Central Government 159 vii (B) Directions to the Central Supervisory Board 160 (C) Directions to State Governments/UT Administrations 162 (D) Directions to Appropriate Authorities 163 CHAP.–4 VARIOUS DIMENSIONS OF FEMALE FOETICIDE AND REGIONAL DIFFERENCE IN VARIOUS PARTS OF INDIA 176- 230 4.1 Causes of Domestic Violence 179 4.2 Consequences of Domestic Violence 180 4.2.1 Health Consequences 180 4.2.2 Denial of Fundamental Human Rights 181 4.2.3 Human Development Goals undermined 182 4.3 Rights Against Domestic Voilence 182 4.3.1 Political Rights 182 4.3.2 Economic Rights 183 4.3.3 Social Justice 183 4.4 Reported Incidents of Crimes Against Women 184 4.5 Trend Analysis 185 4.6 Cases form Various Regional Parts of India 187 4.6.1 Cases Handled and Disposed of during 2007-08 187 4.6.2 Cases Dealt with during 2008-09 190 4.6.3 Cases Dealt with during 2009-10 196 4.7 Agencies for Protection of Women from Domestic Violence 198 4.7.1 Role of National Commission for Women 199 (A) Functions of the Commission 201 (B) Constitution of the Commission 202 viii
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