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Women and Children · Unit 1

Women, the Constitution and International Instruments

Unit 1 of Law Relating to Women and Children (syllabus: Module I — the social and legal status of the sexes; the Constitution and women (Preamble, fundamental rights, directive principles, reservation in local bodies); personal laws, the Special Marriage Act 1954 and the Uniform Civil Code; criminal law and women; and the position of women under CEDAW and its optional protocol). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What work does Article 15(3) do, and why is it the hinge of this whole paper?
  • Which directive principles and fundamental duties support women's rights, and what rests on each?
  • What is the constitutional provision for the reservation of seats for women in local bodies?
  • How should a question on the Uniform Civil Code and the Special Marriage Act be answered?
  • The syllabus names the Penal Code, the Criminal Procedure Code and the Evidence Act — what should an answer say about them now?
  • What procedural protections does the criminal procedure law give a woman complainant?
  • What is the rape-shield rule, and is it a matter of judicial discretion?
  • How does the Women's Convention define discrimination, and why does the definition matter in argument?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Exam questions on this unit