Code
Section 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 contained in this section shall exempt such women from arrest in execution of civil process in any case where the Code of Civil Procedure does not prohibit the arrest of women.
Explanation of Section 132 CPC
Section 132 of the Code of Civil Procedure, 1908 grants a limited exemption from personal appearance in court to certain women whose customs and social practices require them to remain away from public view. The provision reflects the social conditions that existed when the Code was enacted and aims to protect the dignity and privacy of women who traditionally observe seclusion.
However, the exemption applies only to personal appearance before the court. It does not create complete immunity from legal proceedings or exempt such women from all obligations under civil law.
Exemption from Personal Appearance
Under Section 132(1), a woman who, according to the customs and manners of the country, ought not to appear in public cannot ordinarily be compelled to attend court in person.
Instead, the court may permit her evidence to be recorded through other legally recognized methods, such as issuing a commission or following any other procedure allowed by law.
This provision helps balance respect for personal customs with the proper administration of justice.
No Exemption from Civil Process
Section 132(2) clarifies that the exemption from personal appearance does not automatically protect such women from arrest in civil proceedings where the Code permits such arrest.
Therefore, if the CPC allows the arrest of a woman in a particular civil matter, Section 132 does not prevent the execution of that process.
The provision distinguishes between exemption from attending court personally and exemption from the legal consequences of civil proceedings.
Purpose of Section 132 CPC
The purpose of Section 132 CPC is to respect traditional customs while ensuring that civil litigation continues without unnecessary hardship to individuals who observe such practices.
At the same time, the section ensures that legal rights and court processes remain effective by limiting the exemption only to personal appearance.
Thus, the provision seeks to maintain fairness between cultural considerations and judicial administration.
Importance of Section 132 CPC
Section 132 highlights the CPC’s effort to accommodate social customs without compromising the authority of the courts.
Although modern courts increasingly interpret procedural laws in light of constitutional principles of equality and changing social values, this provision continues to remain part of the Code. It demonstrates how procedural law attempts to balance individual dignity with the efficient administration of justice.
Furthermore, the section clarifies that procedural exemptions should not be misunderstood as exemptions from legal responsibility.
Illustration
A woman who traditionally observes strict seclusion is summoned to appear before a civil court as a witness. Instead of directing her to attend court personally, the court appoints a commissioner to record her evidence at her residence in accordance with the applicable procedural rules.
In another case, a woman covered by Section 132 is involved in civil execution proceedings. Although she is exempt from appearing personally before the court, she remains subject to any lawful civil process permitted under the Code, including arrest where the CPC does not prohibit it.
Common Questions and Answers
1. What is the purpose of Section 132 CPC?
Answer:
Section 132 exempts certain women, who according to custom should not appear in public, from personally appearing before a civil court while allowing the legal proceedings to continue through alternative methods.
2. Does Section 132 exempt such women from all legal proceedings?
Answer:
No. The section only exempts them from personal appearance in court. It does not exempt them from the legal process or from obligations imposed by law.
3. Can such women be arrested in civil proceedings?
Answer:
Yes. Section 132 specifically states that the exemption from personal appearance does not prevent arrest in cases where the Code of Civil Procedure permits such arrest.
4. Why is Section 132 CPC important?
Answer:
Section 132 balances respect for traditional customs with the effective administration of civil justice by allowing procedural flexibility without affecting legal accountability.
Conclusion
Section 132 CPC provides a limited procedural exemption for certain women whose customs discourage public appearance. While it protects them from being compelled to appear personally before the court, it does not exempt them from the operation of civil law or lawful civil process. The provision reflects the CPC’s effort to accommodate social customs while preserving the integrity and effectiveness of the judicial system.
