What is Section 69 of the Bharatiya Nyaya Sanhita (BNS)?
Mayaa SH — Section 69 of the Bharatiya Nyaya Sanhita (BNS) stipulates up to 10 years imprisonment for engaging in sexual activity based on a false promise of marriage or other deceitful means. The law addresses situations where a man deceives a woman into having sexual intercourse by making false promises, such as marriage or employment, without any intention of fulfilling them.
Key Provisions of Section 69:
• Deceitful Means: Engaging in sexual intercourse by deceitful means, including false promises of marriage, employment, or promotion.
• False Promises: Making a promise to marry or offering false inducements without the intention to fulfill them.
• Imprisonment and Fine: The offender can be punished with imprisonment for up to 10 years and may also be liable to pay a fine.
Implications of Section 69:
• Legal Clarity: Section 69 provides clear legal definitions and consequences for deceitful acts leading to sexual intercourse, ensuring better protection for victims.
• Enhanced Protection: The introduction of specific provisions for minors and differentiation based on age enhances the protection for younger victims.
"Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine," reads the Section 69 of the new Bhartiya Nyaya Sanhita.
What is the understanding of Family Law in our country?
Mayaa SH — Family Laws encompass the broad set of rules that are in practice regarding family matters, such as marriage, divorce, inheritance etc. There are some legally enforceable rights and duties that arise when one gives legal validation to the status of interpersonal relationships. Personal law, also known as family law or matrimonial law, refers to the set of legal rules and regulations that govern personal relationships and matters related to the family. Personal law deals with issues such as marriage, divorce, child custody, adoption, inheritance, and property rights. The lack of understanding of the dynamics of matrimonial conflict by few, is much deeper and broader than what is superficially visible. Most of the pendency in the matters of prolonged proceedings can be evaded. For civil matters arbitration, mediation, negotiated rulemaking, neutral fact finding, and minitrials must be considered more rigorously. With the exception of binding arbitration, the goal of Alternate Dispute Resolution is to provide a forum for the parties to work toward a voluntary, consensual agreement, as opposed to having a judge or other authority decide the case. Wide margins of personal discretion and biases to look at a civil matter with a criminal outlook can end up setting unstable precedents; all of which has deep implications on those who fight legal battles within the ambit of family law. Women at large need to be respected as a separate, equal person and body. More insights are required for criminalizing marital rape based on moral and legal arguments for informative but also commendable insights need to to looked at for unbiased judgements. It was only in 2013 that section 354 of the IPC (outraging a woman’s modesty) was amended to widen the definition of rape and sexual assault. Similarly it was only in 1976 that marriage laws were amended to include cruelty and desertion as a ground for divorce. These instances show how challenging it has been for those struggling against patriarchy in India to ensure amendment and implementation of laws for ensuring women’s rights in a male dominated society. Family Law is a very sensitive section and often termed as the soft-law, the psychology of both the parties involved in litigation must also be studied while maintaining dignity and grace and mental well being of the couple as well.
What did the Verma Committee recommend on Sexual Harassment at the
Workplace ?
Mayaa SH — Justice J.S. Verma Committee had recommended setting up of an employment tribunal instead of an internal complaints committee (ICC) in the Sexual Harassment at the Workplace Act.
To ensure speedy disposal of complaints, the committee proposed that the tribunal
should not function as a civil court but may choose its own procedure to deal with each complaint. An internal complaints committee as laid down under the act could be counterproductive as dealing with such complaints in-house could discourage women from filing complaints.
Domestic workers should be included within the purview of the Act. The Committee has termed the Sexual Harassment Act “unsatisfactory” and said it did not reflect the spirit of the Vishakha guidelines — framed by the Supreme Court in 1997 to curb sexual harassment at the workplace. The Committee said any “unwelcome behavior” should be seen from the subjective perception of the complainant, thus broadening the scope of the definition of sexual harassment. The Verma panel said an employer should be held liable if
• He or she facilitated sexual harassment permitted an environment where sexual misconduct becomes widespread and
systematic.
• Where the employer fails to disclose the company’s policy on sexual harassment
and ways in which workers can file a complaint
• When the employer fails to forward a complaint to the tribunal
• The company would also be liable to pay compensation to the complainant
• The panel opposed penalizing women for false complaints as it can potentially nullify
the objective of the law.
• The Verma panel also said that the time-limit of three months to file a complaint
should be done away with and a complainant should not be transferred without her consent.
The Protection of Women Against Sexual Harassment at Workplace Act, 2013
The Act defines sexual harassment at the workplace and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges. Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The Complaints Committees have the powers of civil courts for gathering evidence. The Complaints Committees are required to provide for conciliation before initiating an inquiry if requested by the complainant. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business.
About The Author
Mayaa SH is a Championer of Women’s Rights, Authoress, Public Intellectual, and a former corporate juggernaut, Popularly addressed as Lady Karl Marx and Lady Gandhi she is a recognised crusader on Indian’s contemporary verve of economics, freedom of the press, gender neutrality and human rights, Mayaa has authored 14 bestselling works essayed as self help books and coauthored more than 150 books. She is a multi National and State Award Winner and has numerous accolades that have won her global recognition as well. Her power of self belief has helped many across the country to rediscover and reignite with themselves. This has institutionalised her infinite belief in “The Power Of A Determined Mind” and helped provide respite to many with her talks. Mayaa SH, is a literary luminary and is a fierce advocate for women's empowerment and positive feminism. Recognized by the United Nations, she challenges societal norms and addresses gender inequality. With over 150 anthologies and 14 solo books to her credit, Mayaa SH envisions a society where women have equal rights, contributing to the nation's development. Her impactful contributions resonate globally, inspiring change. Mayaa SH is an acclaimed literary powerhouse and advocate for women’s empowerment, challenges societal norms through her bold narratives. Her writings, breaking stereotypes, echo gender inclusivity, earning global acclaim and multiple awards. Addressing women’s daily challenges and advocating for equal rights, she navigates stress and inspires hope through her self-help books, expertly discussing sensitive issues like suicide prevention.
Mayaa’s direct storytelling, rooted in culture, deeply resonates, reflecting intimate human dilemmas. Her significance as a feminist icon lies in her fearless transgression of boundaries and her ability to voice the feminine perspective, making her an essential force in contemporary literature.
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