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Welfare & Empowerment of Welfare & Empowerment of Women and Legal ProvisionWomen and Legal Provision

Dr. Vibhuti Patel,Director, PGSR & Professor & Head,

Department of Economics, SNDT Women’s University, Churchgate, Mumbai-400020.

E-mail- vibhuti.np@gmail.comPhone-91-022-26770227, mobile-9321040048

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Constitution of IndiaConstitution of IndiaFundamental Rights Fundamental Rights Article 14Article 14- - equal rights and opportunities equal rights and opportunities

for men and women in the political, for men and women in the political, economic and social sphereeconomic and social sphere

Article 15- Article 15- prohibition of discrimination on prohibition of discrimination on the grounds of sex, religion, caste etcthe grounds of sex, religion, caste etc

Article 15(3)-Article 15(3)- empowers the State to take empowers the State to take affirmative measures for womenaffirmative measures for women

Article 16- Article 16- provides for equality of provides for equality of opportunities in the matter of public opportunities in the matter of public appointmentsappointments

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Directive principles Directive principles Article 39Article 39- enjoins the state to provide an - enjoins the state to provide an

adequate means of livelihood to men and women and adequate means of livelihood to men and women and Equal pay for equal workEqual pay for equal work Article 42Article 42- State to ensure the provision for just and - State to ensure the provision for just and

humane humane condition of condition of work and maternity relief.work and maternity relief. Fundamental duties Fundamental duties Article 51v (A) (e)- Article 51v (A) (e)- fundamental duty on every fundamental duty on every

citizen to renounce the practices derogatory to the citizen to renounce the practices derogatory to the dignity of women.dignity of women.

Financial AccountabilityFinancial Accountability Article 151- Article 151- reports relating to the accounts of the reports relating to the accounts of the

Union and states to be prepared and placed before Union and states to be prepared and placed before the Parliament and State legislatures respectively.the Parliament and State legislatures respectively.

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Labour LawsLabour Laws

O th er Sp ecifi c leg islation

C on tract L ab ou r(R eg u lation an d A b o l i tion )

A ct, 1970

T h e F acto r ies A ct 1948

T h e M atern i ty B en efi t A ct

T h e E q u al R em u n eration A ct 1976

L ab ou r law s

N eed ar ises asas th ese law s

are n o t im p lem en tedin th e u n o rg an ised secto r

Sch em es

P ov er ty an d D ep r iv ation

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Equal Remuneration Act, 1976Equal Remuneration Act, 1976Equal opportunity, equal treatment and equal wagesEqual opportunity, equal treatment and equal wages

In sp ec to rsto con d u c t in ves itg a tion san d en su re com p lian ce

w ith th e A c t.

A p p o in tm en t o f A u th orit iesn o t b e low th e ran ko f L ab ou r O ffice r to

h ear an d d ec id e on com p lian ts

A d visory C om m itteein n o tified es tab lish m en tsfo r in c reas in g em p loym en t

o f wom en

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Maternity Benefit Act, 1961Maternity Benefit Act, 1961

A p p rop ria te g overn m en t to ap p o in tIn sp ec to rs fo r con d u c tin g

in ves tig a tion s

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Women specific provisions in Women specific provisions in the labour lawsthe labour laws

The Factories Act, 1948 The Factories Act, 1948 – Section 34 provides that the – Section 34 provides that the State government can lay down rules prescribing weights State government can lay down rules prescribing weights that may be carried by men and women.that may be carried by men and women.

The Contract Labour (Abolition and Regulation) Act The Contract Labour (Abolition and Regulation) Act and Rulesand Rules- separate provision of utilities for women and - separate provision of utilities for women and fixed working hours.fixed working hours.

Those these laws have proper implementation mechanisms, Those these laws have proper implementation mechanisms, there is no provision for monitoring the effect of these laws there is no provision for monitoring the effect of these laws on women. on women.

Allowance for special provisions for women have often Allowance for special provisions for women have often proven to be detrimental to their employment opportunitiesproven to be detrimental to their employment opportunities

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Participation in Decision making Participation in Decision making ProcessesProcesses

Representation and reservations on decision Representation and reservations on decision making bodiesmaking bodies

73rd and 74th Amendments to the Constitution 73rd and 74th Amendments to the Constitution providing for reservations of seats for women in providing for reservations of seats for women in Panchayats and Municipalities Panchayats and Municipalities

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Access to Legal ServiceAccess to Legal Service

D istr ict A u th o r i ty

L eg al Serv ices A u th o r i tyF u n ction s

-p rov id in g leg al serv ices-con d u ctin g leg al aid p rog ram m es

N ation al L eg al Serv ices A u th o r i tyin v o lv ed in

-p o l icy m ak in g an d m ak in g reccom en d ation s- creatin g leg al l i teracy an d aw aren ess.

T h e L eg al Serv ices A u th o r i ties A ct, 1987Typ e t it le h ere

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Family lawsFamily laws

Laws relating to marriage, divorce and inheritance Laws relating to marriage, divorce and inheritance governed by laws of the specific community.governed by laws of the specific community.

The test of the validity of these laws to be made on The test of the validity of these laws to be made on the touchstone of Art 13 of the Constitution.the touchstone of Art 13 of the Constitution.

A number of positive amendments have been brought A number of positive amendments have been brought in the last year eg- removal of an upper limit on in the last year eg- removal of an upper limit on Section 125 the CrPC, place of filing divorce Section 125 the CrPC, place of filing divorce proceedings, women’s right to stay in parental as well proceedings, women’s right to stay in parental as well as matrimonial home as per Domestic Violence Act, as matrimonial home as per Domestic Violence Act, 2005 etc. 2005 etc.

But a lot remains to be done. Especially amendment to But a lot remains to be done. Especially amendment to Section 6 of the Guardians and Wards Act, recognizing Section 6 of the Guardians and Wards Act, recognizing the equal rights of mothers to be appointed guardians.the equal rights of mothers to be appointed guardians.

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Prohibition of Child Marriage Act, Prohibition of Child Marriage Act, 20062006

Marriageable age for the groom to be 21 yearsMarriageable age for the groom to be 21 years Marriageable age for the bride to be 18 yearsMarriageable age for the bride to be 18 years ““A groom, his parents, relatives and priests involved A groom, his parents, relatives and priests involved

in a marriage with a minor girl to get 2 yesrs’ in a marriage with a minor girl to get 2 yesrs’ imprisonment & Rs. 1 lakh of fine.”imprisonment & Rs. 1 lakh of fine.”

Section 13 (A) of the Act prohibits mass child Section 13 (A) of the Act prohibits mass child marriages on certain days such as ‘Akshaya Trutiya’ marriages on certain days such as ‘Akshaya Trutiya’ & states that ‘district megistrate shall be deemed to & states that ‘district megistrate shall be deemed to be child marriage probation officer’ .be child marriage probation officer’ .

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Domestic ViolenceDomestic Violence

Criminal lawCriminal law- Section 498A- Section 498A Protection of women From Domestic Protection of women From Domestic

Violence Act, 2005Violence Act, 2005 Recognition of the right to residence Recognition of the right to residence Provision for the appointment of Provision for the appointment of

Protection officers and the recognition Protection officers and the recognition of Service Providersof Service Providers

Trainings for Protection Officers and Trainings for Protection Officers and JudgesJudges

Awareness creation Awareness creation Budgetary allocationBudgetary allocation

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Seuxal ViolenceSeuxal Violence

Sexual HarassmentSexual Harassment Urgent need for legislation on sexual harassment.Urgent need for legislation on sexual harassment. Institution of mechanism to address instances of sexual Institution of mechanism to address instances of sexual

harassment and training of functionaries appointedharassment and training of functionaries appointed

Rape laws Rape laws Need for change in rape laws especially with regard to Need for change in rape laws especially with regard to

recording of evidence and the provision of efficacious recording of evidence and the provision of efficacious justice so that victims are encouraged to report such justice so that victims are encouraged to report such offences.offences.

Need for a law to deal with child sexual abuse.Need for a law to deal with child sexual abuse.

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PCPNDT Act, 2002PCPNDT Act, 2002

State Su p erv iso ry b oard

C en tral Su p erv iso ry b oard

P o l icy m ak in g B od ies

Su b D istrictA pp rop riate A u thorities

D istrictA pp rop riate A u thorities

State A pp rop riate A u thority

I m p lem enting A u thorities

Su b-D istrictA d v isory

C om m ittees

D istrict A d v isoryC om m ittees

State A d v isoryC om m ittee

A d v isory bod ies

P re-con cep tion an d P re-n atal D iagn ostic(P roh ib i tion o f Sex Selection ) A ct

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Legal Awareness about VAWLegal Awareness about VAW

We must know that in India, the following legal provisions are made to We must know that in India, the following legal provisions are made to tackle VAW.tackle VAW.

Dowry Prohibition Act, 1961.Dowry Prohibition Act, 1961. Indecent Representation of Women (Prohibition) Act, 1986 to take Indecent Representation of Women (Prohibition) Act, 1986 to take

action against sexist portrayal of women in the audio-visual print and action against sexist portrayal of women in the audio-visual print and electronic media, pornography and cyber-porn.electronic media, pornography and cyber-porn.

Prevention of Immoral Traffic (in women and children) Act, 1987 to Prevention of Immoral Traffic (in women and children) Act, 1987 to crack down on prostitution. crack down on prostitution.

Commission on Sati Prevention Act, 1987 to fight widow burning and Commission on Sati Prevention Act, 1987 to fight widow burning and its glorification. its glorification.

Supreme Court Directive against Sexual Harassment at Workplace, Supreme Court Directive against Sexual Harassment at Workplace, 1997.1997.

The Pre-Natal Diagnostic Techniques (Regulation And Prevention Of The Pre-Natal Diagnostic Techniques (Regulation And Prevention Of Misuse) Amendment Act, 2002 to stop sex selection at pre-conception Misuse) Amendment Act, 2002 to stop sex selection at pre-conception stage as well as of an unborn foetus.stage as well as of an unborn foetus.

Domestic Violence Act, 2005Domestic Violence Act, 2005

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Indian Penal codeIndian Penal code The IPC Section Nature of OffenceThe IPC Section Nature of Offence 304 B Dowry death/ murder304 B Dowry death/ murder 354 Criminal assault of women to outrage women’s modesty 354 Criminal assault of women to outrage women’s modesty 366 Kidnap, abduction and marriage of a women by force.366 Kidnap, abduction and marriage of a women by force. 366 A Procurement of a minor girl366 A Procurement of a minor girl 366 B Import of girl from a foreign country366 B Import of girl from a foreign country 376 Rape376 Rape 376 A Intercourse by a man with his wife during judicial separation376 A Intercourse by a man with his wife during judicial separation

376 B Intercourse by a public servant with woman in his custody376 B Intercourse by a public servant with woman in his custody

376 C Intercourse by superintendent of jail, remand home with women in376 C Intercourse by superintendent of jail, remand home with women in his custody. his custody.

376 D Intercourse by any member of the management or staff of a 376 D Intercourse by any member of the management or staff of a hospital hospital

with any woman in that hospitalwith any woman in that hospital 498 A Husband or in-laws subjecting a woman to cruelty498 A Husband or in-laws subjecting a woman to cruelty 509 Word, gesture or act intended to insult the modesty of a woman509 Word, gesture or act intended to insult the modesty of a woman

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The Immoral Traffic Prevention The Immoral Traffic Prevention Amendment (ITPA) Bill, 2006 Amendment (ITPA) Bill, 2006

Decriminalises prostituted womenDecriminalises prostituted women Penalises buyers of prostituted womenPenalises buyers of prostituted women Critique of SITA & PITACritique of SITA & PITA

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Implementation of lawsImplementation of laws

Appointment and empowerment of statutory authorities Appointment and empowerment of statutory authorities at the central and state levels.at the central and state levels.

Preparation of policy statements by such statutory Preparation of policy statements by such statutory

authorities enclosing clear guidelines on the manner of authorities enclosing clear guidelines on the manner of implementation of the law such as code of conduct to be implementation of the law such as code of conduct to be followed by functionaries, provision of best practices, followed by functionaries, provision of best practices, etc.etc.

Evaluation and auditing the effectiveness of particular Evaluation and auditing the effectiveness of particular laws and the periodic publication and submission of laws and the periodic publication and submission of compliance reports with a central statutory authority.compliance reports with a central statutory authority.

Upgrading the quality of statistics maintained on Upgrading the quality of statistics maintained on women. Each statutory body to conduct yearly surveys women. Each statutory body to conduct yearly surveys in their particular field.in their particular field.

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Implementation of lawsImplementation of laws

Building capacity of the functionaries appointed under the Building capacity of the functionaries appointed under the law law such as statutory authorities, police personnel, health personnel, such as statutory authorities, police personnel, health personnel, counselors, etc by conducting regular trainings counselors, etc by conducting regular trainings on the law including on the law including aspects of gender sensitisation as well aspects of gender sensitisation as well as improving practices as improving practices followed by them.followed by them.

Introducing mechanisms to ensure quicker and simpler procedures Introducing mechanisms to ensure quicker and simpler procedures for women to obtain legal redress to their problems. This would for women to obtain legal redress to their problems. This would include the provision of legal aid, assistance at the time of registering include the provision of legal aid, assistance at the time of registering complaints, making applications, provision of information on the legal complaints, making applications, provision of information on the legal options available to the women etc.options available to the women etc.

Raising awareness of the services and support available to Raising awareness of the services and support available to women facing discrimination, from both governmental and women facing discrimination, from both governmental and non non governmental sources.governmental sources.

Ensuring adequate representation of women in statutory Ensuring adequate representation of women in statutory

advisory bodies/ policy making bodies. advisory bodies/ policy making bodies.

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Implementation of lawsImplementation of laws

I. I. Sustained interactions between different Sustained interactions between different governmental governmental agencies to promote multi agency agencies to promote multi agency working.working.

J.J. Allocation of adequate budgets for the proper Allocation of adequate budgets for the proper functioning of the statutory authorities.functioning of the statutory authorities.

K. K. Constant monitoring and auditing of accounts Constant monitoring and auditing of accounts by a central authority.by a central authority.

L.L. Submission of financial reports to the Auditor Submission of financial reports to the Auditor General for it to be placed before on the floor of the General for it to be placed before on the floor of the Parliament or State Legislature as the case may be.Parliament or State Legislature as the case may be.

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Thank YouThank You