History of Women's Protection Laws in India

Let's begin with a powerful verse from Manusmriti (3.56): "यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः"-- "where women are given due respect, even Gods like to reside there".

Throughout history, women have been the backbone of progress and culture. Yet, despite this rich legacy, women in modern times continue to face significant challenges. From forceful child marriage, domestic violence to harassment at the workplace. The latest data from the NCRB reveals that the rate of crimes against women in India increased by 12.9% between 2018 and 2022.

The laws that protect women today are a result of years of struggle and advocacy, aiming to safeguard their dignity and well-being. In this blog, we will understand how these laws came into force and how they continue to shape the protection and empowerment of women in our society.

1. Law Protecting Women from Dowry 

The tradition of marriage in Vedic times revolved around the concept of Kanyadan, where a bride was given to the groom accompanied by varadakshina—cash or gifts offered voluntarily by the bride's family. 

This practice, originally an act of affection without coercion, has evolved into the modern-day dowry system. The voluntary nature of varadakshina has lost its essence, replaced by a coercive and exploitative practice that impacts marital relationships and fuels societal evils.  

How did the Dowry Prohibition Act come into existence? 

• In the 19th and 20th centuries, social reformers attempted to combat the dowry system. 

• To abolish dowry from society, the Bihar and Andhra Pradesh governments introduced the Bihar Dowry Restraint Act in 1950 and the Andhra Pradesh Dowry Prohibition Act in 1958. Unfortunately, both laws didn't succeed.

•  On 24 April 1959, the Dowry Prohibition Bill was introduced in the Lok Sabha. Later, the bill was discussed in joint sessions of Parliament on May 6 and 9, 1961.

The Dowry Prohibition Act, 1961

The act, enforced on 1 May 1961, aimed to ban the giving and receiving of dowry. It defined dowry as any property or security exchanged during marriage negotiations.

In 1983, revisions to the Indian Penal Code (IPC) 1860 introduced laws against dowry-related cruelty, deaths, and abetment of suicide, offering stronger protection for women. Later, in 1984, the Dowry Prohibition Act amended and allowed for wedding gifts but required a documented list to ensure transparency.

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2. Law Protecting Women from Domestic Violence

Before the present Protection of Women from Domestic Violence Act (PWDVA), 2005, there were no specific laws addressing domestic violence in India. Women who faced domestic violence had to rely on general provisions under the Indian Penal Code, which were insufficient in protecting them from various forms of abuse. 

The absence of a dedicated legal framework made it difficult for women to seek justice in cases of domestic violence.

The Journey of Protection of Women from Domestic Violence Act

• The issue of domestic violence gained attention in the 1990s, when the National Commission for Women (NCW) highlighted the lack of a legal mechanism to protect women from domestic abuse. 
• In 1993, the NCW recommended the need for a specific law to address domestic violence. 
• In 2002, the Protection from Domestic Violence Bill was created by the Department of Women and Child Development, with help from the Ministry of Law, Justice & Company Affairs. The bill was then introduced in Parliament.

The Protection of Women from Domestic Violence Act, 2005

The Bill was passed by the Indian Parliament in 2005 and came into effect on October 26, 2006. The Act provided a comprehensive definition of domestic violence, including physical, sexual, emotional, and economic abuse, thereby expanding the scope of protection. 

It also recognized that protection was not limited to married women but extended to women in live-in relationships, as well as daughters-in-law and mothers.

In a landmark judgement of Krishna Bhattacharjee v. Sarathi Choudhury (2016), the Supreme Court ruled that a wife living separately, even under a judicial separation decree, can claim her stridhan from her husband under Section 12 of the Protection of Women from Domestic Violence Act. The Court clarified that stridhan remains the woman's exclusive property, and the husband has no ownership or control over it.

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3. Law Protecting Women at the Workplace

Before 2013, there was no specific law in India to deal with sexual harassment in the workplace. Women faced sexual harassment but had limited legal options to address it. In the absence of a clear law, women often had to lodge a complaint under Section 354 (criminal assault of women to outrage women's modesty) and Section 509 (Word, gesture or act intended to insult the modesty of a woman). 

These sections left the interpretation of 'outraging women's modesty' to the discretion of the police officer, yet these were not tailored specifically to workplace harassment.

The Vishaka Guidelines (1997)

• The turning point came in 1997 when a case called Vishaka v. State of Rajasthan reached the Supreme Court. The case involved the gang-rape of a state govt. employee Bhanwari Devi was raped by the landlords of the Gujjar community. 
• In its judgment, the Supreme Court highlighted the need for legal guidelines to prevent sexual harassment in the workplace. The Court issued what became known as the Vishaka Guidelines. 
• These guidelines outlined basic principles and measures for employers, such as setting up complaints committees, providing a safe workplace, and raising awareness about sexual harassment. 
• While these guidelines were important, they were not law and only applied to the formal sector.

Shift Towards a Law

In the years that followed, there was growing pressure from women's rights groups, activists, and the public for the government to pass a formal law on sexual harassment at work. This led to discussions in the government and with civil society organizations.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013

In 2010, the Sexual Harassment of Women at Workplace Bill was introduced in the Indian Parliament. The bill was drafted based on the Vishaka Guidelines but expanded its scope to ensure better protection for women in all workplaces, including the informal sector, domestic workers, and rural women.

And finally the bill was passed by the Indian Parliament in December 2013 and became the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. 

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4. Criminal Laws related to Women's Protection

India has made significant progress in strengthening laws to protect women from violence and discrimination by time-to-time amendments in the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act (IEA).

With the introduction of new criminal laws replacing the above-mentioned old criminal laws, namely the Bharatiya Nagarik Suraksha Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), even more women-centric changes have been added. 

Old Criminal Laws related to Women's Protection

The IPC, CrPC, IEA enacted in the 19th and 20th centuries, laid the foundation of criminal law in India. While it was not originally designed with a strong focus on women's protection, over time, several provisions were added or amended to safeguard women's rights. Some of the examples are-

A. Section 498A of IPC (Cruelty by Husband or Relatives): Introduced in 1983, this section was a major step towards curbing cruelty towards women by their husbands and in-laws, particularly in cases of dowry harassment.

B. Criminal Law (Amendment) Act of 2013: Following the Nirbhaya case (2012), the IPC was amended to include stricter laws regarding sexual offenses, including the definition of rape, acid attacks, stalking, and sexual harassment.

Although the punishment for the offense of rape remained unchanged after the 2013 Amendment, the Criminal Law Amendment Act of 2018 later increased it to a minimum of 10 years of imprisonment, which can extend to life imprisonment.

Also, the Juvenile Justice Act 2015 was amended to enable the trial of an accused aged 16-18 as an adult if accused of "heinous crimes."

C. Section 164A of CrPC (Medical Examination in Rape Cases): Inserted in 2005, this section allows for the medical examination of victims of sexual assault to be conducted promptly, ensuring a better chance of obtaining evidence for prosecution.

D. Section 53A of IEA(Character Evidence in Rape Cases): Amendment 2013 added this provision to protect women from being questioned about their character or sexual history in court during rape trials.

New Criminal Laws related to Women's Protection

BNS, BNSS and BSA aim to modernize India’s criminal justice system while ensuring enhanced protection for women. Some of the noteworthy women-centric changes in the new criminal laws are:- 

A. New offences introduced in BNS: Section 69 (Sexual intercourse by employing deceitful means), Section 95 (Hiring, employing or engaging a child to commit an offence.), increased age wife from 15 to 18 years in case of sexual intercourse by a man with his own wife, enhance punishment of 10 to 14 years of imprisonment in case of buying minor for purposes of prostitution, etc. 

B. Procedural changes in BNSS:  Section 184(6) (Medical reports of rape victims must be submitted within 7 days), Section 176(1) (statement of rape victim recorded through audio video means). Also, the introduction of e-FIR, 0-FIR provisions to facilitate easier access to reporting and ensure timely action.

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5. Immoral Traffic (Prevention) Act, 1956

The Immoral Traffic (Prevention) Act (ITPA), initially known as the Suppression of Immoral Traffic in Women and Girls Act (SITA), was passed in 1956 and later amended in 1986 to align with international conventions, notably the United Nations' Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949). This legislation was introduced as part of India's commitment to addressing the growing issues of human trafficking, sexual exploitation, and prostitution, with a focus on protecting women and children from being trafficked for sex work.

Origin of Immoral Traffic (Prevention) Act

• Pre-ITPA: SITA 1956, was a response to the 1949 UN Convention, and it primarily sought to combat trafficking in women and children. 
• In 1986, SITA was amended and renamed to ITPA. This change was made in response to the growing concerns around human trafficking, especially for the purpose of sex work. It was a direct result of India signing the UN Declaration in 1950 in New York regarding the suppression of trafficking.
• The amendment strengthened the law by criminalizing living off sex workers' earnings, closing brothels, and evicting sex workers from certain areas.

Political and Legal Standing on Prostitution in India:

• In 2006, the Ministry of Women and Child Development proposed a bill to reduce human trafficking by criminalizing clients of trafficked sex workers. However, it did not pass, and anti-trafficking laws were later added to the IPC.
• Clauses in the ITPA, like banning brothels, soliciting, and living off sex workers' earnings, are being challenged in court, while some groups push for legal amendments.

Supreme Court Rulings on Rights of Sex Workers:
📌 1986: In Upendra Baxi v. State of Uttar Pradesh, the Court directed proper rehabilitation and vocational training for protective home inmates under SITA (now ITPA) to prevent their return to prostitution due to economic wants.

📌 1990: In Vishaljeet v. Union of India, the Court addressed a PIL against forced prostitution, including Devdasi and Jogin traditions, and directed measures for the rehabilitation of affected women and children.

📌 1997: In Gaurav Jain v. Union of India, the Court issued detailed directions for the rescue and rehabilitation of prostitutes and their children, including setting up educational facilities for them.  

📌 2011: In Budhadev Karmaskar v. State of West Bengal, the Court held that sex workers/prostitutes are also entitled to a right to live with dignity in view of Article 21 of the Constitution. 

Author's Remark

As we look back at the history of women's protection laws in India, while India has taken significant steps, from banning dowry to protecting women at the workplace, we must remember that these laws exist to safeguard the most basic human rights—freedom from abuse, violence, and inequality. 

Yet, despite the progress, challenges still persist, and there is much more work to be done to ensure every woman feels safe and respected.

As we continue to improve these laws and make them more effective, it's important to remember that the real power lies in creating a society that values women in every aspect—be it at home, in the workplace, or in public life. Each of us has a role to play in this transformation. Let’s not just stop at the laws; let’s build a culture where women are not only protected by law but celebrated for their contributions and potential. 

Together, we can create a safer, more equal world for women—where respect is not just a legal obligation but a shared value.