Women are guaranteed special rights against arrest. Those rights are:
I. Provisions relating to arrest of women
Constitution of India
Constitution of India authorizes the parliament to make special laws in respect of women. Article 15(3) states – “Nothing in this article shall prevent the State from making any special provision for women and children”.
This provision enables 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
- 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.
- 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
- in V.M. Abdul Hameed v. Ramani it was held that woman cannot be arrested in money case.
- in Mary Chacko v. Jancy Joseph it was held that a woman cannot be arrested in recovery money in consumer court cases
- in Veena Madhukant v. State Bank of India, the Recovery Officer, Debts Recovery and the Union of India (UOI) it was held that women cannot be arrested under Recovery of Debts Due to Banks and Financial Institutions Act, 1993
- in Smt. Kamlesh v. Sita Devi and Others,arrest warrant issued against woman in MVC case was quashed.
III. Law as held by the apex court and high courts when women can be arrested.
In Manukonda Mangamma v. Cheeli Rosammaand E.R. Ranganathan v.Sarojammal,it was held that women can be arrested in execution case of violation of injunction order.
In Radhika Purushothamanand Another v. Kala Manivannanand Another, it was held that a woman can be arrested in criminal cases but in Mary Chacko v.Jancy Joseph,it was held that a woman cannot be arrested in consumer court cases concerning recovery of money.
The Apex Court in Cyril Britto v. Union of India and Others, while referring to Section 56 of Civil Procedure Code held that the Section is valid and discrimination is justified.
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.
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Tags :civil law