Report No. 154

Issue No. 14-Special Provision in Respect of Women

Views of Judges

The Judges of High Courts feel that in respect of women convicted of an offence, the provisions are self-contained and do not require further amendment. However, minority of Judges (3:7) have appreciated the proposed amendment for further changes in sections 433 and 433A of the Code. The subordinate judges and district judges have subscribed to the same view in 8 to 20 ratio.

Further, the amendment of section 125 of the Code has been supported along with a suggestion to make a special provision for interim maintenance in favour of wives, children and old parents. Some suggestions for the increase of maintenance allowance upto Rs. 1000, 2000, 2500 and 3000 have also been giveii. Some subordinate judges have approved the limit upto Rs. 5000 as proposed by the Commission.

Views of Police Officers

Majority view is in favour of consideration of the special position for women including the amendment of section 125 of the Code.

Views of Advocates

In all fourteen replies have been received on this point. Majority of the lawyers find no relevance in amending sections 433 and 433A of the Code. However, in respect of section 125, the proposed amendment has been approved. Shri K.T.S. Tulsi has suggested that a provision for ensuring safe and adequate residence to the wife and children (if necessary by dividing the existing accommodation) may also be incorporated. The Madras Bar Association suggests that Rs. 2500 should be substituted in place of Rs. 500 under section 125 of the Code.

Views of Academicians

Academicians are against the proposal of special status in respect of women prisoners.

Views of State Law Commissions

No comments have been received.

View of State Governments

The State Government of Gujarat has supported the proposed change in respect of special position of women as well as in respect of maintenance under section 125 of the Code.