Women Issues(Women under Law)

   

Ques:

Are there any special provisions with regard to arrest, search, bail, and imprisonment etc for women under the law?

   

Ans:

Yes. The CrPC and the Supreme Court in its various rulings has provided for special provisions with regards to women which are listed below :

   

 

Upholding the belief in the inalienable Human Rights of the individual and the Rule of Law

   

 

If a woman finds traumatic to report to a Police Station, she can directly report to a magistrate. ( Sec 156 (3) CrPC )

   

 

Females can be searched by only another female with strict regard to privacy and decency. ( Sec 51 CrPC )

   

 

Female suspects must be kept in a separate lock-up in the police station. They should not be kept where male suspects are detained. (S.C. judgement Sheela Barse v. State of Maharashtra)

   

 

When a female is arrested for a non-bailable offence, even if the offence is very serious (punishable even by death penalty), the court can release her on bail. (Sec.437, Cr. P.C )

   

 

In the Prison :

   

1.

All female prisoners have to be imprisoned in a separate building or in separate part of the same building which is completely separate from the male prisoners

   

2.

Under trials have to be segregated from convicts undergoing sentence

   

3.

Adolescent female prisoners should be kept away from older women, whether habitual or not

   

4.

Respectable prisoners have to be secluded from prostitutes.

   

5.

A female prisoner cannot be handcuffed of put in fetters

   

6.

No male unaccompanied by the Matron can enter the female enclosure.

   

7.

Child birth in jail to be avoided or where unavoidable, midwife to be requisitioned.

   

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