Country
Code (Eleventh Amendment) Law
Royal Assent on the Country Code (Eleventh Amendment)
Law on September 26, 2002.
Daughters
are accepted as heir : The Law accepts the concept that daughters as
well as sons are entitled to have inheritance rights by birth to the ancestral property.
Previously it was provided that only an unmarried daughter above the age of 35
has this right.
Full
right to widow in inheritance: It has removed the provision
that a widow attain the age of 30 to live separately before taking her share of
property. A widow attain the age of 30 to live separately before taking her
share of property. A widow is entitled to use her share as she wishes even if
she gets remarried.
Right
to wife in husbands property: The Law removes the condition
that women must attain age 35 and complete 15 years of marriage before she can
live separately and take her share from her husband.
Right
of upbringing of the daughter: Only the son has the right to
upbringing and daughters were denied this right. The Law grants the right to food,
clothing, appropriate education and health treatment to daughters as is
provided for sons.
Effectiveness
in judgment execution in the case relating to share: To
address the problems that may arise in the execution of the judgment relating
to partition and to make such execution effective, the Law provides for
imprisonment up to five years or a fine of up to five thousand or both to the
party who denies giving the details of property.
Inheritance
right to divorced woman: In the existing law, a women is denied the right
to property from both her parents and from her in-laws in the case of divorce.
The Law has provided that partition must be made between the husband and wife
at the time of divorce. Likewise, if a divorced woman wants to have yearly or
monthly expenditures instead of taking her share, the court may set such
expenditure on the basis of husband's property and level of earnings. A woman
can have such expenditure until she gets remarried.
A
married woman may adopt a son under some conditions: The
Law changes the provision that women whose husbands are still living or who
have living sons of their own or of co-wives are precluded from adopting a
child. It provides that a wife who has separated from her husband after taking
her share of property may adopt child,
if she does not have her own son.
Repeal
of the concept of the Dolaji: The discriminatory provision
that only if there is no son and there is a daughter, such daughter shall be
kept as Dolaji. This concept has been
repealed.
Right
to divorce in the situation of sexual intercourse with third person: The
Law provides that a husband or a wife shall have the right to divorce, if he
or she has sexual intercourse with any other person. At present, only husbands
have right to divorce on this ground but not wives.
Adoption
is restricted in case of one daughter: The Law prevents parents from
giving the child up for adoption if they have only one daughter as it is
restricted in case of one son.
Equal
right in intestate property to unmarried daughter as of son: The
Law has provided the equal right to unmarried daughters the equal right to
unmarried daughters as of son by reforming the existing discrimination in the
matter of priority for getting the intestate property.
Women's
right to abortion up to 12 weeks of pregnancy: The
Law provides that any pregnant woman may procure an abortion up to 12 weeks of
pregnancy upon her voluntary consent.
Abortion
right in case of rape and incest: The Law provides the right to
an abortion up to 18 weeks in case of pregnancy is due to rape or incest.
Currently abortion is not allowed even in case of rape and incest.
Abortion
right to anytime in special situation: The Law provides for the right
to perform abortion with the advice of medical practitioner at anytime, in case
any pregnancy poses danger to the life of the pregnant woman or to her physical
or mental health or it leads to the birth of a disabled child.
No
abortion on the basis of sex identification: No one shall conduct an
aminocentesis test to perform an abortion on the basis of sex. The Law
establishes punishment of imprisonment of 3 to 6 months if the person conducts
or causes to be conducted such amniocentesis test and additional punishment of
one year imprisonment to the person who performs or causes to be performed an
abortion on the basis of sex.
Increment
of Punishment in Rape Case: The Law increase the punishment in rape. It
provides for 10 to 15 years punishment in case a victim is under the age of 10
years, imprisonment of 7 to 10 years in case a victim is above the age of 10
and under the age of 16 years and imprisonment of 5 to 7 years in case a woman
is 16 years or above.
Appropriate
sensitivity toward the rape case: The Law provides that there
must be equal punishment of imprisonment of up to 1 year or fine up to five
thousand for both men and women who commit bestiality.
Increased
punishment for child marriage: The punishment for child
marriage has been increased up to 3 years and a fine of up to ten thousand to
discourage child marriage.
Equal
punishment in marriage by misrepresentation: The Law provides for a
fine of up to ten thousand rupees for man or woman who commits marriage for
misrepresentation.
Additional
punishment for gang rape and rape against a pregnant and disabled woman: The
Law provides for additional punishment of 5 years imprisonment for the crime
of gang rape and also for the rape of a pregnant or disabled woman.
Punishment
and compensation for pedophilia: The Law regards pedophilia as
rape and provides for an additional year's punishment over the sentence imposed
for rape and appropriate compensation for the victim.
Equally
in age for marriage: The Law provides for equality in age for marriage
for both men and women. Both sexes have be 20 years old to marry without
parental consent. Men and women can marry at age 18 with the consent of their
parents.