Prohibition
(Amendment) Act of 1986 and, in particular,
on the number of dowry
deaths before and after the enactment of such legislation;
on the
effeativeness
to date of the Dowry Prohibition
(Amendment) Act and of the
amendment6 to the Penal Code, the Code of Criminal Procedure an8 other
legislation
relating
to arranged marriage,
child marriage and divorce)
and on
the activities
undertaken by the Child Welfare Boards established pursuant to
the Children Act.
Information
was also sought on the impact on the right of
equality before the law of some provisions
of Hindu or Muslim personal law
under which polygamy was tolerated
or of the laws allowing different
treatment
of the sex86 as to the causes for clivorce.
303. In his reply, the representative
of the State party said that the
Commission of Sati (Prevention)
Act provided for the prevention
of the
commission of sati, and made glorification
of it, through any ceremony,
procession or function,
an offence.
Special courts to try sati-related
offences were to be created, and responcibility
for implementing the
provisions of the Act lay with the state governments and Union Territory
administrations.
No case of commission of sati had, however, been reported
since the passage of the Act.
304. An offence committed under the Dowry Prohibition
(Amendment) Act of 1996
was non-bailable
and the Criminal Law (Second Amendlment) Act had been amentied
to deal effectively
not only with cases of dowry death but also with cruelty
to married women.
A section had also been added ta the Indian Penal Code with
a view to pravicing
protection
to women and discouraging atrocities
and
of committing dowry death was
cruelty against them. Anyone found guilty
subjected to punishment by imprisonment for from seven years to life.
The
problem of offences against women wae a 6aurce of serious concern for the
Government
and needed to be addressed in a broader social Framework; through
their full integration
and participation
in national development.
India's
difficulty
in reaching the goal of equality
was more a social than a law
enforcement problem.
305. Child marriage, in spite of the prohibition
of such practice
by law, was
deeply entrenched in certain sections of Indian society,
an13the Government
had taken steps to educate the people about its consequences. Furthermore,
the Chilcl Labour (Prohibition
an8 Regulation)
Act prohibited
the employment of
children under the age of 14 in certain haeartious occupations and provided for
the regulation
of their conditions of work in all other jobs.
The Government
had a national policy on child labour to rehabilitate
chilclren withdrawn from
prohibitea employment and to provide education, health care and other services
for working children.
Cases under the Juvenile Justice Act were to be brought
: speedily before Juvenile Welfare Boards and the juvenile was to be sent to an
observation home or place of safety during the inquiry unless he was staying
i with his parents or a guardian,
1
4
$
5
$
;$
y
With regard ta that issue , members of the Committee requested
clarification
of the statement in the report that "the reference to ethnic
minority does not apply to Indian society";
and of the functions prnd
activities
of the Minorities
Commission. They also asked whether there were
any special factors and difficulties
in the effective
enjoyment by minorities
of their rights under the CovenaYlt.
306.
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