WOMEN'S STUDIES RESEARCH CENTER The Women’s Studies Research Center (WSRC) at the Maharaja Sayajirao University of Baroda was established in July 1990 and is the first such Center in the Western region of India. VISION To emerge as a nodal center in the western region of India striving towards women’s empowerment and instilling women’s and gender perspectives in higher education by establishing linkages with grassroots organizations working with women’s issues. MISSION To undertake multifaceted activities of research, teaching, training, documentation, and community outreach from the standpoint of women’s lived experiences and take a lead in creating critical consciousness about gender in the sociopolitical, economic and cultural order. GOALS n Open up windows to gender equality and equity in society. n Undertake basic and applied research on women and gender issues. n Undertake teaching and training programs to instill gender perspective in mainstream disciplines and social development programs. n Encourage collaboration between universities and non-government organizations in order to promote the sharing of research expertise and the development of outreach programs for social change. n Carry out documentation in various forms. CONTENTS Editorials • Message from the Director ......................................................................................................... 4 • Message from the Librarian’s Desk ............................................................................................. 5 • Message from the Guest Editors ................................................................................................. 6 Cover Story 1. Surrogacy Bill, 2016: A Much Awaited Legislation - Dr. Archana Gadekar .................................. 7 2. Dowry Laws in India - Dr. Namrata Solanki ............................................................................... 9 3. Domestic Violence: A Violation of Human Rights of Women - Dr. Vibhuti Patel .......................... 12 4. Participation of Women in Political Sphere - Dr. Pratima R. Lokhande ...................................... 14 5. Force of Law: Deconstructing Abortion Laws in dealing with Female Foeticide - Ms. Aparna Vijayan ................................................................................................ 16 6. Third Gender through the Legal Kaleidoscope - Ms. Niyati Pandey ............................................19 7. Facing an Endless Trial? Women and Socio-moral Law - Ms. Bageshree Trivedi ....................... 22 8. Gender and the Criminal Justice System - Ms. Manisha Banik ................................................... 24 9. Domestic Violence: A Law Protecting Rights of Women or Violating Rights of Men? - Ms. Rajvi Bhavsar ......................................................................................... 26 Views 1. Gender [Sensitive] Justice - Ms. Mahalaxmi Tewari ................................................................... 28 2. Equality before the Law: Gender and Law in India - Ms. Raakhee Suryaprakash ....................... 30 3. Women’s Reservation: Democratic Reality or Political Illusion - Ms. Fiona Dias ......................... 32 4. Understanding the Politics of Gendered Identities in India - Ms. Kiran Bhatia ............................. 35 5. The Agrarian Women - Ms. Debarati Bhattacharya ................................................................... 37 6. Panchayti Raj and Women Empowerment - Mr. Akshit Rathod and Mr. Dipak Rajput ............... 39 7. Waiting for Justice -----”Change is the Law of the Universe” - Ms. Riya Soni ........................ 41 8. Gender Justice through Laws and Rights - Ms. Varsha Gelod .................................................... 45 9. Gender Equity still requires a Focus on the ‘Second Shift’- Ms. Neha Singh and Ms. Tanu Bhardwaj .................................................... 47 10. Yes, Girl Can! - Mr. Mohil Surti ............................................................................................... 48 Judgments 1. Surrogacy Law in India: To Be or Not To Be—Is that the Question Here? - Mr. Rahul Mane ...................................................................................... 49 2. Women and War in International Humanitarian Law - Ms. Lakshya Anand ................................ 55 3. Surnames: Maiden or Married? - Ms. Dipika Hotchandani ........................................................ 56 Know Your Law 1. Vishaka Guidelines against Sexual Harassment at Workplace - Ms. Riya Soni ........................... 58 2. When Romance Changes into Sexual Harassment - Ms. Disha Parikh ........................................ 61 3. Right of Maintenance to Women in Live-in Relationships - Mr. Nakul Chauhan .......................... 63 4. Law and Gender: Inequality on Black and White - Mr. Chiragkumar Pandya ............................. 64 5. Marital Rape in India - Mr. Jaidev Shukla and Ms. Pinal Chandratre ..........................................67 Legal Diary 1. The National Commission for Women - Ms. Geetha Srinivasan ................................................. 69 2. Right to Information (RTI) Act, 2005 - Ms. Krupali Patel .......................................................... 76 WSRC News • Short Certificate Course on ‘Women and Law’- A Concise Report - Ms. Priya Parikh .............. 80 • Activity Report (January 2016 – January 2017) ........................................................................ 85 • Selected Readings: Gender and Law ....................................................................................... 100 2 Guest Editors Dr. Archana Gadekar Assistant Professor Faculty of Law The Maharaja Sayajirao University of Baroda, Vadodara Dr. Namrata Solanki Assistant Professor Faculty of Law The Maharaja Sayajirao University of Baroda, Vadodara Hon.Director Prof. Shagufa Kapadia Professor Department of Human Development and Family Studies Faculty of Family and Community Sciences The Maharaja Sayajirao University of Baroda, Vadodara Publication Co-ordination Geetha Srinivasan In-charge, Program Officer Library Assistant Women’s Studies Research Center The Maharaja Sayajirao University of Baroda, Vadodara Message from the Director Greetings from the Women’s Studies Research Center! This issue of WSRC Communiqué addresses the significant subject of Gender and Law. Legislation is crucial to the achievement of women’s rights. The past decades have witnessed much legislative progress in favor of gender justice. The collection of articles presented here covers legislative matters pertaining to a wide range of topics such as dowry, surrogacy, sexual harassment, and domestic violence. Law is a powerful instrument to steer forward-looking change in society. The need of the hour is to enhance public awareness about different laws. I hope this issue contributes to the same. Shagufa Kapadia, PhD Honorary Director, WSRC Professor of Human Development and Family Studies Faculty of Family and Community Sciences The Maharaja Sayajirao University of Baroda, Vadodara [email protected] 4 Message from the Librarian’s Desk Greetings from the Women’s Studies Research Center! “In law it is good policy to never plead what you need not, lest you oblige yourself to prove what you can not.” -Abraham Lincoln The Women’s Studies Research Center (WSRC) is pleased to bring out this issue of WSRC Communiqué on Gender and Law. The newsletter concurrently addresses Law, Acts, Bills, Amendments, Rights, Judgments and Legal issues. For this issue, the Center collaborated with Faculty of Law, The Maharaja Sayajirao University of Baroda. The issue brings out an array of interesting articles under – Cover Story, Views, Judgments, Know Your Law and Legal Diary. I thank the guest editors Dr. Archana Gadekar and Dr. Namrata Solanki and all the contributors who have contributed towords this newsletter. Geetha Srinivasan Library Assistant Women’s Studies Research Center Faculty of Family and Community Sciences The Maharaja Sayajirao University of Baroda, Vadodara [email protected] 5 Message from the Guest Editors Ignorance of law is no excuse and hence it is imperative for everyone to be aware of the laws of the land. Law has been a powerful tool in transforming the society and bringing justice to the marginalised groups. We find that women though forming a major part of the society is most vulnerable in a patriarchal setup of Indian society. Therefore it is necessary for everyone especially women to understand the laws protecting them. The object of this communiqué is to spread awareness on various issues affecting the lives of women. The downfall of the status of women after the Vedic period, had made her assailable to the social evils prevalent in the society. Hence attempts to improve the position of women had started during the British rule and the post- independence period saw the position of women legislatively strong. Constitution has empowered the women with equal rights and the Supreme Court has time and again upheld the rights of women and bestowed gender justice. Apart from the constitutional provisions favouring women, there have been a plethora of laws for protecting the rights of women like Maternity Benefit Act, 1961; Equal Remuneration Act, 1976; Dowry Prohibition Act, 1961, The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act, 1994, Protection of women from Domestic Violence Act, 2005; Sexual Harassment against Women at Workplace (Prevention, Protection