Indian Women And Their Rights

• Constitutional Provisions:

Article – 14 -   Equality

Article 14 guarantees equality before law as well as equal protection of the law to all people                                                         within the territory of India.

 

Article – 15 (i) – No discrimination on the ground of Sex 

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, place of birth, or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds.

 

Article – 15 (3) – special provision in favor of women & children

The State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. 

Article – 16  - Equal opportunity

Article 16 guarantees equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them.

Article – 39 (a), (d), a – Adequate means of livelihood , equal pay, free legal aid to promote justice

Article 39 lays down certain principles of policy to be followed by the State, including providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, reduction of the concentration of wealth and means of production from the hands of a few, and distribution of community resources to "sub serve the common good.

Article 39A requires the State to provide free legal aid to ensure that opportunities for securing justice are available to all citizens irrespective of economic or other disabilities

Article – 42 - securing just and humane conditions of work and for maternity relief 

Articles 42  mandate the State to endeavour to secure to all citizens the right to work, a living wage, social security, maternity relief, and a decent standard of living.

Article – 243 – Panchayat And Municipalty – 1/3 reservations 

Women Reservation in Panchayats. As per provisions contained in Article 243 D of the Constitution, 1/3rd of the Seats of Panchayati Raj Institutions and 1/3rd offices of the Chairperson at all level of Panchayati Raj Institutions covered by Part IX of the Constitution are reserved for women

 

I am a ‘Girl- Child’ And My Rights are...

The Child Labour (Prohibition & Regulation) Act (CLPR Act) 1986

•       Provisions: 

• To prohibit the engagement of children in certain employment’s and regulate the conditions of work.
•           Weekly holiday , hours and period of work.(3 hours – if            more than 3 hours at least 1 hour break, no work between 7pm to 8 am , No overtime

•        Penalties :

•        Imprisonment – not less than 3 months  may extend  to 2 years and  fine – not less than 10000 Rupees may extend to 20000 or Both

Prohibition of Child Marriage Act, 2006

•       Prevention:

•       Cognizable and non Bailable offence

•       Child Marriage Prohibition Officer – Every State (Protection of victim and Prosecution of the Offenders)

•       Penalty:

•      Imprisonment – extended to 2 years fine 1 Lac or Both

Dowry Prohibition Act, 1961

• Prevention:

• Cognizable and Non- Bailable offence
• Dowry Prohibition Officer – (State Government)
• Advisory Board – 5 members- (minimum 2 women)

• Penalty:

•  if demanded – 6 months – 2 years and Fine up to 10000/-

•  if offered (through Adviser.) 6 months – 5 years and fine up to 15000/-

Domestic Violence Act, 2005

•        Objective:

                  1.protection from domestic violence

                  2.Avoid Homelessness

                  3.Protection from violence in family

                  4.Legal protection within home

•          What is Domestic Violence:

                  1.Physical

                  2.Mental

                  3.Emotional

                  4.Sexual abuse

                  5.Any act which hurts mentally or physically to women             or child

•       Who is aggrieved person?

                  1.Any women of the house/ family

                  2.Any Girl or Boy of the Family aged below 18 years

•          Complaint :(where can you register your complaint?)

                   1.police officer

                   2.Protection Officer

                   3.Service provider (an NGO)

                   4. Magistrate.

•          Relief:

                    1.shelter home or a medical facility to provide shelter                  or medical aid 

                    2.Protection order

                    3.Grant monetary relief 

                    4.Grant custody orders,

                    5.Grant compensation/damages

•            Domestic Incident Report (DIR):

1.          Upon receipt of a complaint of domestic violence, the Protection Officer or the Service Provider has to prepare a DIR and submit the same to the Magistrate and copies of the same to the police officer in charge of the concerned police station.
2.          If the woman so desires, the Protection Officer or the Service Provider can assist the woman in fling the applications for reliefs and a copy of the DIR is to be annexed with such an application.

   Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

•       Objective:

                           Makes it illegal to sexually harass women in the                           workplace

•      Aggrieved Women:

                            1.Working

                            2.Visiting a workplace

                            3.Student

 WHAT IS SEXUAL HARASSMENT AT THE WORKPLACE?

•     “Sexual Harassment” includes anyone or more of the         following unwelcome acts or behavior (whether directly or   by implication), namely:

                    1. Physical contact or advances;

                    2. A demand or request for sexual favors;

                    3. Making sexually colored remarks;

                    4. Showing pornography

                    5. Any other unwelcome physical, 

              verbal or non-verbal conduct of a sexual nature

            WHO IS A DISTRICT OFFICER (DO)?

    State Governments will notify a District Magistrate/Additional District Magistrate/ Collector/Deputy Collector as a District Officer at the local level. The District Officer will be responsible for carrying out the powers and functions under the Act at the district levels (including every block,taluka, tehsil, ward, and municipality).

RESPONSIBILITIES OF THE AFOREMENTIONED AUTHORITIES

      Under the law the employer/DO is obliged to create a workplace free of sexual harassment. It is the responsibility of the Employer/District Officer in general to:

        1. Create and communicate a detailed policy;

        2. Ensure awareness and orientation on the issue;

        3. Constitute Complaints Committee/s in every workplace          and district so that every working woman is provided              with a mechanism for redress of her complaint(s);

        4. Ensure Complaints Committees are trained in both skill          and capacity;

        5. Prepare an annual report and report to the respective state       government;

        6. District Officer will also appoint a nodal officer to                  receive complaints at the local level.

       

Complaints Committee/s

   The Act provides for two kinds of complaints mechanisms: Internal Complaints Committee(ICC) and Local Complaints Committee (LCC). All Complaints Committees must have 50 percent representation of women. ICC or LCC members will hold their position not exceeding three years from the date of their nomination or appointment.

                                           Timelines as per the Act

•      Submission of Complaint Within 3 months of the last incident
•      Notice to the Respondent Within 7 days of receiving copy of the complaint
•      Completion of Inquiry Within 90 days
•      Submission of Report by ICC/LCC to employer/DO

            Within 10 days of completion of the inquiry

•      Implementation of Recommendations Within 60 days
•      Appeal Within 90 days of the recommendations

Maternity Benefit Act

•       The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child.
•      The act is applicable to all establishments employing 10 or more persons. Establishments which are factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislations

                 Eligibility

              To be eligible for maternity benefit, a woman must have been working          as an employee in an establishment for a period of at least 80 days in            the past 12 months

  Increased Paid Maternity Leave:

       12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

        Maternity leave for adoptive and commissioning mothers:

        Maternity leave of 12 weeks

       Work from Home option:

       after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are mutually agreed with the employer.

      Crèche facility:

       The Maternity Benefit Amendment Act makes crèche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the crèche 4 times during the day (including rest intervals)

        "The Maternity Benefit Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment."

Medical Termination of Pregnancy Act,1971

• Provides the legal framework for making CAC services available in India. Termination of pregnancy is permitted for a broad range of conditions up to 20 weeks of gestation as detailed below:
• Risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
• When there is substantial risk that the child, if born, would be seriously handicapped due to physical or mental abnormalities;
• When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
• When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).

          Consent

        As per the provisions of the MTP Act, only the consent of woman whose pregnancy is being terminated is required. However, in case of a minor i.e. below the age of 18 years, or a mentally ill woman, consent of guardian .