Abstract

This article delves into the constitutionality and necessity of Sections 56 and 132 of the Indian Civil Procedure Code (CPC), which exempt women from arrest and detention under specific circumstances. Section 56 prohibits the arrest of women in civil matters involving the payment of money, while Section 132 provides exemptions from personal court appearances for women if mandated by customs. These provisions have been scrutinized for allegedly violating Articles 14 and 15 of the Indian Constitution, which ensure equality and prohibit gender-based discrimination. However, Article 15(3) explicitly allows special provisions for women and children to address societal vulnerabilities and ensure equity.

The article examines judicial precedents, such as Cyril Britto v. Union of India and V.M. Abdul Hameed v. Ramani, which have upheld these provisions as protective rather than discriminatory. Courts have recognized that these exemptions address the historical exploitation of women and the potential misuse of legal procedures in patriarchal societies. By preventing the detention of women for financial disputes or mandating their court appearances against customary practices, these provisions aim to create a buffer against systemic gender-based injustices.

The analysis highlights the broader implications of these exemptions, such as preventing the misuse of patriarchal norms, aligning with international conventions like the ICCPR, and fostering gender equity. Nevertheless, the article also identifies challenges, including potential misuse of these laws by women, the lack of clear parameters for gender-specific exemptions under Article 15(3), and the societal imbalance created by treating men and women differently under similar circumstances.

To address these challenges, the author proposes a phased approach, including the introduction of sunset clauses for gender-specific provisions, enhanced representation of women in law enforcement, and alternative punitive measures to ensure accountability.In conclusion, while the exemptions under Sections 56 and 132 align with constitutional mandates to protect women from systemic injustices, they must evolve with societal progress. A more gender-neutral legal framework should eventually replace these provisions to achieve true equality while maintaining the intent of safeguarding vulnerable groups.

Keywords:

Article 14, Constitutionality, Exemption, Section 56, Section 132

Introduction

“Frailty thy name is a woman” – wrote Mr. William Shakespeare in his play ‘Hamlet’.

Women have historically been exploited and been under the dominance of the patriarchal society for centuries by now. Post-independence there have been changes in the legal system of India. Even legally, the representation of women has been minimal to date. Keeping in mind all the factors and the nature of the crimes, there have been exemptions provided to women in the civil as well as criminal procedure codes in provisions related to arrest and detention. But these privileges are often termed as ultra vires in the Constitution given articles 14 and 15.[1]

In this article, the author will try to analyze sections 56 and 132 of the Civil Procedure Code, which exempts women from arrest and detention, along with their judicial precedents. Section 56 exempts the women from arrest when the contention is related to payment of money and section 132 barres the personal appearance of women if their customs mandate it so. The author will discuss the constitutionality of the same and also give an insight into section 46 of the Criminal Procedure Code, which is formulated along similar lines. The research question of the said article is whether or not the provisions are ultra vires the Indian Constitution and violate the Right to equality by granting gender-specific privileges. This shall be navigated through in the manner of the following questions:

1. What are the arguments pertaining to the constitutionality of the exemptions?
2. What are the judicial precedents regarding the said provisions?
3. What is the need and importance of such exemptions in the current scenario?
4. Are there any challenges involved in the privileges given?

This shall be dealt with by the author in the manner following objectives:

1. Analysing the arguments pertaining to the constitutionality of the exemptions.
2. Examining the judicial precedents related to the said provisions.
3. Establishing the importance of such exemptions in the current scenario.
4. Identifying the challenges involved because of the privileges given.

For this purpose of the same, the author puts forth a hypothesis stating that the provisions are in line with the constitutional mandate, which shall be reverted to at the end. Though there are certain challenges involved, the need is greater than the drawback in this picture.

[1]Supra Note 1.