Title: Equality to Women, Legal Protection and Patriarchy in India: Suggesting Gender Neutral Laws
Journal Name: Bihar Journal of Public Administration
ISSN 0974-2735 (Included in UGC-CARE, Group A Reference List of Journals Sl. No. 34 Social Sciences)
Publication Year: Sep, 2021
Volume: Vol. XVIII
Issue: No. 2 A (Supplement)
DR. ANNU BAHL MEHRA
Broader Area of Research: The present paper intends to highlight the socio-cultural barriers that inhibit women to fight back. Secondly, it examines the various women friendly politico-legal measures, judicial verdicts and legislations in the context of their effectiveness. Thirdly, it highlights the misuse of these protective provisions. Finally, the present paper goes to plead for 'gender-neutral' laws and measures.
Abstract: Women have been prey of subordination by male bastion throughout globe in general and they have been subjected to deprivation, subjugation and oppression, perpetuated through institutionalised methods for the ages in India in particular. No doubt, their situation has improved owing to three waves of feminist movements and the gender sensitive attitude of state which have resulted into a number of protective measures, affirmative action and legislations in favour of women. But at the society level the women are still prey of violence, crimes and subjugations by patriarchal dominance. We hypothesize that it is the patriarchy that has watered down the implementation of these measures, policies and laws. As such, the present paper intends to highlight the socio-cultural barriers that inhibit women to fight back. Secondly, it examines the various women friendly politico-legal measures, judicial verdicts and legislations in the context of their effectiveness. Thirdly, it highlights the misuse of these protective provisions. Finally, the present paper goes to plead for 'gender-neutral' laws and measures.
Key-Words : Women, Socio-Cultural, Violence and crime, Protective-Legislations,
Gender- neutrality, Patriarchy, India
Journal Name: Bihar Journal of Public AdministrationISSN 0974-2735 (Included in UGC-CARE, Group A Reference List of Journals Sl. No. 34 Social Sciences)
Publication Year: Sep, 2021
Volume: Vol. XVIII
Issue: No. 2 A (Supplement)
Abstract
Dr. KB Asthana
Broader Area of Research: Family Law
Journal Name: Bihar Journal of Public Administration
ISSN 0974-2735 (Included in UGC-CARE Reference List of Journals Sl. No. 34 Social Sciences)
Publication Year: Sep, 2021
Volume: Vol. XVIII
Issue: No. 2 A (Supplement)
Dr. K.B. Asthana
Hindu, Muslim, Christian, Jew, Parsi etc. govern by their own personal law. Everyone has remembered during the British period Hindu and Muslim law were governed by their personal customs and with the help of Vedas, Puranas, Quran etc. But gradually it was needed that there is requirement of codified law which should govern to whole India and subsequently it develops to whole world under the Private International Law. As marriage of all the religion is govern by their codified personal law or Special Marriage Act. Under the Hindu law marriage is sacramental and later on it develop the civil contract. In case of Purushottamdas v. Purushottamdas, 21 Bom 23, the Court observed that the Marriage of Hindu children is a contract made by their parents. In Bhagwati Saran Singh v. ParmeshwariNandar Singh, 1942 ILR All 518 case, the Court held that a Hindu marriage is not only a sacrament but also a contract. Under the Muslim law marriage is already defined as “marriage is civil contract”. But question arise that once the marriage is defined that it is a civil contract in nature, hence maintenance of the wife has also been there by enumerating the Acts with respect to different personal laws. Like that we also focus for the maintenance of old aged parents though the new Act has been enacted then also many problems exits to maintain the old aged parents. This research paper will focus on both the issues and will conclude with suggestions that new reforms is needed in all the personal laws.
Key Words: Hindu, Muslim, Vedas, Puranas, Quran, Private International Law
Abstract
Dr. Trapti Varshney
Title: Inter Country Adoption
Broader Area of Research: Law
Journal Name: Kala Sarovar (UGC CARE GROUP 1 JOURNAL TILL JANUARY 2022)
Publication Year: Sep, 2021
Volume: Vol. XVIII
Issue: No. 2 A (Supplement)
Dr. Trapti Varshney
The word ‘Adopt’ derives from the Latin word ‘adoptare’, to choose. Requiring an alternative into a relationship; particularly requiring it voluntarily (a kid from alternative parents) as one’s kid. Adoption is a act of de jure putting a infant with a parent or parents apart from those to whom they were born. It is often outlined because of the statutory method of terminating a child’s legal rights and duties towards the natural parents and substituting similar rights and duties towards adoptive parents by establishing a parent-child relationship between persons not connected by birth with the kid. Adoption could be a complicated social development, intimately unwoven into its family law framework and formed by the pressures affecting the family in its native social context. It’s the mirror reflective of the changes in our family life and also the efforts of family law to handle those changes. This has caused it to be diversely defined; completely different societies, within the same society at completely different times and across a spread of the latest societies. It’s a legal methodology of making a relationship between the kid and the one who is not the natural parent of the kid i.e., a synthetic relationship analogous of parent and a child.
In this article we will cover all the contemporary parts of Inter country adoption along with its origin, Indians Perspective, Hindu Adoption and Maintenance Act, 1956, The Guardianship and Wards Act, 1890, The Juvenile Justice (Care and Protection of Children) Act, 2000, Adoption Laws of India for Foreign Nationals, Supreme Court Guidelines on Adoption, Hague Convention on Protection of Children and Cooperation in Respect of Inter Country Adoption, 1993, at last we will cover the problems faced during the inter country adoption.
