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STATUS OF FEMALE PRISONERS IN INDIA

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ABSTRACT Indian society provides a respectable status to every woman. They play a vital role in society. The Important role that women plays is in the capacity of the mother. The Constitution of India ensures the status of Equality to the women in India in every aspect of life. It also imposes an obligation on the State to secure the rights of each and every woman and to fulfill the requirements of international conventions regarding the rights of the women. But in reality, women in prisons are facing many problems. Even the basic fundamental rights are violated after giving so many judgments by the Supreme Court and High Court. KEY WORDS Prisons, Constitutional Rights, Human Rights, Sexual Harassment, Custodial Torture, and women prisoners. INTRODUCTION Presently Women represent 49% of the country’s population. Several development programmers have been implemented by the Five-Year Plans. In 1985, a separate authority for Women and Child Development was set up. The major programmers include Support to Tanning-cum-Employment Programme (STEP) for women, Mahila Kosh, Women’s Development Corporation, etc. In India, there is also a need for programs for solving the acute problems of women prisoners inside or outside the Prison. CONSTITUTIONAL STATUS OF WOMEN PRISONERS IN INDIA: The Indian Constitution provides the status of equality to women. The Founding Fathers of the Indian Constitution gave serious thought to protect and promote the rights of Women and Children. This is amply reflected in the Preamble which contains the ideals and aspirations of the people of India”. One of the golden ideals is “the equality of status and opportunity”. The Constitution of India under Article 14 provides equal protection of laws to the women in India and Article 15 prohibits discrimination on grounds of intimate relation. But still Indian women prisoners are facing many problems. Article 21 of the Constitution of India ensure various rights for women prisoners. For example; Right to inmates of protective homes; Right to free legal aid; Right to speedy trial Women prisoners have the right to a speedy trial. WOMEN PRISONER’S RIGHT UNDER THE PRISONER’S ACT, 1894: This Act mainly focus on reformation of prisoners in connection with the rights of prisoners, following sections of the Prisoners Act, 1894 describes rights of women prisoners in India: The female prisoners have the right to live separately from the male prisoners. Section 27(1) of the Prisoners Act 1894 provides that in a correctional home male and female prisoners should be kept in different prison and both are prisoners should be restrain themselves form doing any intimate activities. The Prison Act of 1894 allows civil prisoners or those awaiting trial to provide for their own basic needs while in prison. They can buy or receive from outside sources essential items like food, clothing, bedding, and other necessities, but only at designated times and subject to inspection. Additionally, the Inspector General must approve any rules governing this privilege to ensure it is not abused. This provision aims to maintain a basic standard of living for prisoners who have not yet been convicted. The act deals with supply of clothing and bedding to civil and unconvicted criminal prisoners’ section 33(1) of the prison Act, 1894 provides that every civil and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary. Accommodation and sanitary conditions for prisoners Provision for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison. Provision related to the examination of prisoners by qualified Medical Officers. WOMEN PRISONER’S RIGHTS (INTERNATIONAL AND NATIONAL PROVISIONS): Female prisoners should be searched and examined by a female examiner under the supervision of a Medical Officer. Women prisoner’s should be Protection from custodial rape under Sections 376(A), 376(B), 376(C), 376(D) of IPC. They have the Right to separate accommodation from male prisoners (Standard Minimum Rules for the Treatment of Prisoners, Rule 8(a)). They should have the basic human rights: hygienic food, shelter, medical facilities, reading and writing facilities, and dignity in custody. Pregnant women should have the right to medical and personal facilities during delivery, and can be released on bail at the delivery time. Women prisoners should be attended and supervised only by women officers (Standard Minimum Rules, Rule 53). Special accommodation for prenatal and postnatal care, and arrangements for children to be born in a hospital outside the institution (Rule 23). Medical officers should examine every prisoner, including pregnant women, and provide necessary care. Medical officers shall report on prisoners’ physical and mental health and recommend measures for their care. Regular inspection and advice on food, hygiene, sanitation, and prisoners’ health. Right to legal aid and defense by a lawyer of their choice. Women prisoners have the Right to freedom of religion. Examination of arrested persons by a registered medical practitioner in case of torture and maltreatment. Protection and care for pregnant women, including gynecological examination and adequate nutrition. PROBLEM FACED BY WOMEN PRISONERS IN INDIA: Poor living conditions and overcrowding in prisons, leading to health issues and psychological problems. Lack of essential amenities like sanitation facilities, menstrual hygiene products, and clean water. Custodial rape and sexual assault by male law enforcement and prison staff. Disproportionate representation of underrepresented communities like Dalits, Adivasis, and minority groups. Lack of family support and separation from children, affecting mental health and relationships. Inadequate medical care and nutrition, particularly for pregnant women. Limited access to legal aid, education, and vocational training, hindering rehabilitation and reintegration. RELEVANT CASE LAWS: State of Maharashtra v. CK Jain: In this case, there was rape in police custody. Regarding evidence, the Supreme Court emphasized that in such cases unless the testimony of the prosecution was unreliable, corroboration normally should not be insisted upon. Secondly, the presumption is to be made that ordinarily, no woman would make a false allegation of rape. Thirdly, delay in the making of the complaint is not fatal and quite understandable reasons exist for the delay on the part of the victim woman in …

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Landmark Judgments on Women’s Property Rights in India

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Women’s property rights have long been a contentious issue in India, steeped in centuries of social, cultural, and legal discrimination. However, the Indian judiciary has increasingly played a pivotal role in reshaping the landscape of these rights, ensuring greater equality and justice. This article delves into some of the most significant recent judgments concerning women’s property rights, highlighting the evolution of legal interpretations and their implications under Indian law.   Historical Context: Women’s Property Rights in India The foundation of women’s property rights in India is deeply rooted in traditional Hindu laws, where property rights were primarily patriarchal. The Hindu Succession Act, 1956, was a landmark piece of legislation that sought to provide women with inheritance rights. However, it initially excluded daughters from inheriting ancestral property, which was a significant point of contention. The Hindu Succession (Amendment) Act, 2005, was a watershed moment, as it granted daughters equal rights in ancestral property, akin to sons. This amendment was a major step towards gender equality in property rights. Nevertheless, the application and interpretation of this law led to numerous legal battles, resulting in a series of landmark judgments. Landmark Judgments and Their Implications Vineeta Sharma v. Rakesh Sharma (2020) Case Overview: The Supreme Court of India, in Vineeta Sharma v. Rakesh Sharma (2020), delivered a landmark judgment that resolved a long-standing ambiguity concerning the rights of daughters to coparcenary property under the Hindu Succession (Amendment) Act, 2005. Judgment: The Court held that daughters have equal coparcenary rights in Hindu Undivided Family (HUF) property by birth, regardless of whether their father was alive at the time of the 2005 amendment. This judgment overruled previous contradictory judgments, particularly the Prakash v. Phulavati (2016) case, which stated that the amendment applied only if the father was alive on the date of the amendment. Implications: This decision significantly strengthened women’s property rights by affirming that daughters have the same rights as sons in ancestral property. It clarified that these rights are by birth, not contingent on the father’s survival post-2005, ensuring equal treatment of daughters in property matters. Danamma @ Suman Surpur v. Amar (2018) Case Overview: Another significant judgment came in Danamma @ Suman Surpur v. Amar (2018), where the Supreme Court addressed the rights of daughters in cases where the father had passed away before the 2005 amendment. Judgment: The Court ruled that daughters are entitled to an equal share of ancestral property even if their father had died before the Hindu Succession (Amendment) Act, 2005 came into effect. This ruling was seen as progressive, reinforcing the principle of gender equality in property rights. Implications: This judgment played a crucial role in reinforcing that the 2005 amendment has a retrospective effect, meaning that daughters can claim their share in ancestral property irrespective of when their father died. This ruling eliminated the uncertainties surrounding the temporal application of the amendment. Arunachala Gounder v. Ponnusamy (2022) Case Overview: The case of Arunachala Gounder v. Ponnusamy (2022) addressed the rights of a daughter to inherit her father’s self-acquired property. Judgment: The Supreme Court held that a daughter is entitled to inherit her father’s self-acquired property if the father died intestate (without leaving a will). This ruling emphasized that a daughter’s right to her father’s property is not just limited to ancestral property but extends to self- acquired property as well. Implications: This judgment broadened the scope of women’s inheritance rights, making it clear that daughters are legitimate heirs to both ancestral and self-acquired properties of their parents, provided there is no will specifying otherwise. It strengthened the legal framework for women’s property rights beyond the confines of ancestral property.   Analysis of Indian Laws Pertaining to Women’s Property Rights The key legislative framework governing women’s property rights in India is primarily based on the Hindu Succession Act, 1956, and its 2005 amendment. Below is an analysis of how these laws interact with the recent judgments: a. Hindu Succession Act, 1956 Initially, the Act granted women limited inheritance rights. Daughters were not considered coparceners and had no right to ancestral property. Women’s rights were mostly limited to personal property, often received as a gift or dowry. b. Hindu Succession (Amendment) Act, 2005 The 2005 amendment revolutionized the Act by granting daughters equal rights as sons in ancestral property. It recognized daughters as coparceners from birth, enabling them to demand partition and inherit property equally. The amendment aimed to dismantle the patriarchal inheritance system, promoting gender equality. c. Impact of Recent Judgments on Indian Laws The Supreme Court’s recent judgments, particularly in Vineeta Sharma and Danamma @ Suman Surpur, have significantly impacted the interpretation of the 2005 amendment. By ruling that daughters’ rights are by birth and not contingent on the father’s death post-amendment, the Court has effectively enhanced the scope of the amendment, ensuring its retrospective application. This interpretation aligns with the constitutional mandate of equality and non-discrimination on the basis of gender. Challenges and Future Directions Despite the progressive judgments and legal amendments, challenges remain in the practical enforcement of women’s property rights in India. Cultural and societal norms often hinder women from asserting their legal rights. There is also a lack of awareness among women, particularly in rural areas, about their rights. Additionally, legal battles over property can be prolonged and costly, discouraging women from pursuing their rightful claims. The judiciary and the legal system need to address these challenges by ensuring faster resolution of property disputes and spreading awareness about women’s rights. Future Directions Legal Reforms: Further legal reforms may be necessary to remove any remaining ambiguities in property laws. Laws must be periodically reviewed to ensure they reflect the changing social dynamics and promote gender justice. Awareness Campaigns: Government and non-governmental organizations (NGOs) should conduct awareness campaigns to educate women about their property rights. Simplification of Legal Procedures: Simplifying legal procedures related to property disputes can make it easier for women to claim their rights. This could include establishing fast-track courts for property disputes involving women. Conclusion The recent landmark judgments on …

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