Women's rights against arrest

Women are guaranteed special rights against arrest

I. Provisions relating to arrest of women

Constitution of India

Constitution of India provides for provision authorizing the parliament to make special laws in respect of women.

Article 15(3) Nothing in this article shall prevent the State from making any special provision for women and children.

This provision enable the parliament to pass laws giving special privileges to women and discriminate with men.

The code of civil procedure 1908

Section 56. Prohibition of arrest or detention of women in the execution of a decree for money - Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

Prohibition against arrest of a woman

Section 132 of the Code of civil procedure 1908

132. Exemption of certain women from personal appearance -

(1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.

(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.

Which provides that there are exceptions where the women can be arrested.

II. Law as held by apex court and high courts against the arrest

Now coming to the law laid by different courts it is settled that women cannot be arrested in execution of a decree for money including damages or compensation etc wherein money is to be paid in the following cases

1. in V.M. ABDUL HAMEED  Vs RAMANI it is held that woman cannot be arrested in money case.

2.in  MARY CHACKO  Vs JANCY JOSEPH it is held that Woman cannot be arrested in recovery money in consumer court cases

3. in VEENA MADHUKANT  Vs STATE BANK OF INDIA, THE RECOVERY OFFICER, DEBTS RECOVERY AND THE UNION OF INDIA (UOI) it is held that women cannot be arrested under Recovery of Debts Due to Banks and Financial Institutions Act, 1993

4. in SMT. KAMLESH Vs SITA DEVI AND OTHERS arrest warrant issued against woman in MVC case is quashed.

5. in INDEPENDENT THOUGHT  Vs UNION OF INDIA apex court referred to number of cases and held that Apex court while discussing discussed and upheld woman cannot be arrested  

III. Law as held by the apex court and high courts when women can be arrested.

In MANUKONDA MANGAMMA Vs  CHEELI ROSAMMA and E.R. RANGANATHAN  Vs SAROJAMMAL it is held that women can be arrested in execution case of violation of injunction order

In RADHIKA PURUSHOTHAMAN AND ANOTHER  Vs KALA MANIVANNAN AND ANOTHER it is held that woman can be arrested in criminal cases consumer act is criminal proceedings but in MARY CHACKO  Vs JANCY JOSEPH it is held that Woman cannot be arrested in recovery money in consumer court cases

Apex court in CYRIL BRITTO  Vs UNION OF INDIA AND OTHERS referring to Section 56 of Civil procedure code held that it is valid and discrimination is justified

Conclusion

It is settled that the women are treated special in India. They cannot be arrested in cases where decree is passed for money either in money suit, damages suit, or compensation suit including Motor Vehicle accident cases. But they can be arrested in criminal cases where there is discrimination among men and women.

 

Published in Civil Law
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