SLL Laws for Women In India

Odyssey of women in India is full of hardship. They have to face the blunt of society at every stage of their lives from childhood till their death. Pick up any day newspaper and it is full of news of crimes against women. Females have always been a vulnerable section of society. Our lawmakers are aware of this fact and therefore from time to time laws have been made for their protection. But, unfortunately there are certain loopholes in these laws which also need proper implementation for their effective results. Let us have a look at some of these laws and flaws in them.

1.Pre-natal Diagnostic Techniques ( Prohibition of Sex Selection ), 1994 ( PCPNDT ) Act- Provisional data of 2011 census gives India;s sex ratio as 940 females for 1000 males. But in 0-6 age group it comes down to 914 females per 1000 males. The reason is increased cases of female foeticide due to easily reachable sex selection centres in the country. This act was passed as far back as 1994, but it took the government two years to bring it into force.This act is a classic example of non-implementation of law. It was not even notified in some states for several years. This act makes sex selection test illegal and the doctor is liable for prosecution. But most of the cases filed under the act relate to non-regitstration of clinics and machines,and are not against doctors who are the major culprits fuelling sex selection. As expected, very few convictions have taken place under the Act.

2. Dowry Prohibition Act ( DPA ), 1961-  The practice of dowry promotes son preference and it has also been cited as a reason why pre-natal sex selection takes place. The Act contains several loopholes that make the conviction of an accused in a dowry case difficult.
One such loophole is the definition of gift as ditinct from dowry in the Act . The vagueness of this definition makes it possible for a person to contend that what was taken during the marriage was a gift and not dowry.

The definiton of dowry has also not been carefully crafted. It defines dowry as any "property" or "valuable security" that is givven prior to, at the time of or after the marriage in "connection with the marriage". This has allowed certain judges with a patriarchal mindset to reason absurdly that what is given after the marriage on certain occasions and festivals cannot be construed as dowry unless a direct connection to the marriage is shown.

This act was amended in 1983 and 1986, but some important amendments suggested by the women's groups and the Joint Parliamentary committee set up to look into the functioning of the Act were ignored. The Act itself is couched in neutral langyage which suggests that dowry can be taken not only by the bridegroom and his family but also by the bride and her family. this neutral language was used inspite of the self evident fact that the practice of dowry adversely affects only the bride and her family.

Deliberate police inaction in several criminal cases relating to dowry add to the apathy. It has been reported that the police in charge of registering and investigating offences refuse to register cases or refuse to investigate them properly.

3. Prohibition Of Child Marriage ( PCMA ) Act,2006- Child Marriage is another grave form of violence that a girl child faces. Though child marriage, being forced marriage, normally affects both boys and girls, it has a far greater and more adverse effect on the girl than on the boy. For many girls it is the beginning of frequent and unprotected sexual activity that can have serious health consequences. It compromises the all round development of girls and affects their education.

PCMA Act allows a child marriage to be declared void at the option of the contracting parties, that is, if either the husband or the wife petitions the court before a certain age. However, the main problem with the Act is that it does not invalidate a child marriage. In simpler words, the law does not make the marriage invalid even if it is performed when the child is an infant or at the puberty or adolescent stage. Such provisions make the Act totally ineffective.

This act is also not implemented by the state. Mass child marriages are openly performed in some parts of the country on occasions such as Akha Teej in Rajasthan.It has also been reported that police personal often refuse to take action to stop these marriages.


The above mentioned are some of the Local And Special Laws ( SLL ). Besides these Indian Penal Code ( IPC ) criminalises certain acts to protect females of our country. So the need is to implement the laws and amend them for removal of shortcomings if any.