The document discusses the definition and scope of administrative law. It covers four key aspects - the composition and powers of administrative authorities, limits on their powers, procedures for exercising powers, and mechanisms for controlling authorities. It also discusses reasons for the growth of administrative law due to the expansion of government roles and responsibilities. This has led to issues like overburdened courts, disputes around employment, and the need for specialized tribunals. It further examines concepts like delegated legislation, principles of natural justice, and laws and constitutional provisions aimed at protecting women's rights.
Domestic Violence Act 2005 in English
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
The judiciary is a system of courts which interpret and apply the law. ...
The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land.
The Constitution of India secures justice to all its citizens apart from securing liberty, equality, and promoting fraternity.
Indian democracy the Supreme Court plays important role of safeguarding the fundamental rights of citizens which includes providing fair justice also.
Domestic Violence Act 2005 in English
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
The judiciary is a system of courts which interpret and apply the law. ...
The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land.
The Constitution of India secures justice to all its citizens apart from securing liberty, equality, and promoting fraternity.
Indian democracy the Supreme Court plays important role of safeguarding the fundamental rights of citizens which includes providing fair justice also.
This slide narrates about the division of power among different houses of parliament and the concept of Bicameralism. It describes the existence of loksabha, rajyasabha, vidhan sabha and vidhan parishad.
Empowerment of women 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.com Phone-91-022-26770227, mobile-9321040048
The constitutional guarantees for empowerment of women
The constitutional guarantees for empowerment of women are as follows:
Fundamental Rights ensure empowerment of women thro’
Article 14- equal rights and opportunities for men and women in the political, economic and social sphere
Article 15- prohibition of discrimination on the grounds of sex, religion, caste etc
Article 15(3)- empowers the State to take affirmative measures for women
Article 16- provides for equality of opportunities in the matter of public appointments
The directive Principals ensure empowerment of women thro’
• Article 39- enjoins the state to provide an
– adequate means of livelihood to men and women and
– Equal pay for equal work
– Article 42- State to ensure the provision for just and humane condition of work and maternity relief.
• Fundamental duties
• Article 51v (A) (e) - fundamental duty on every citizen to renounce the practices derogatory to the dignity of women.
• Financial Accountability
• Article 151- reports relating to the accounts of the Union and states to be prepared and placed before the Parliament and State legislatures respectively.
Articulation of the demands and alternatives suggested by the women’s movement constantly refer to the Fundamental Rights in the Constitution of India such as
Article 14- equal rights and opportunities for men and women in the political, economic and social sphere
Article 15- prohibition of discrimination on the grounds of sex, religion, caste etc
Article 15(3) that empowers the State to take affirmative measures for women
Article 16 that provides for equality of opportunities in the matter of public appointments
When the government of India signed the UN charter on Equality, Development and Peace in 1975, the process of gender audit in the governance got an official stamp. In 1976, the Equal Remuneration Act was enacted to provide equal opportunities, equal treatment and equal wages for work of similar nature. NGOs have been consistently doing public scrutiny of Maternity Benefit Act, 1961 and specific provisions for women in general labour laws, The Factories Act, 1948 – Section 34 provides that the State government can lay down rules prescribing weights that may be carried by men and women, The Contract Labour (Abolition and Regulation) Act and Rules- that separate provision of utilities for women and fixed working hours.
Though these laws have proper implementation mechanisms, there is no provision for monitoring the effect of these laws on women. Allowance for special provisions for women have often proven to be detrimental to their employment opportunities. Participation of workingwomen in the decision-making processes in the industrial and agrarian relations is abysmally low. Women’s access to legal service largely remains inadequate in spite of the legal service Act, 1987.
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
Fundamental Duties are enshrined under Part IV A of the Constitution of India. The duties though not justifiable but are integral to constitutional spirit.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These rights ensure the fullest physical, mental and moral development of every citizen. They include those basic freedoms and conditions which alone can make life worth living.
This slide narrates about the division of power among different houses of parliament and the concept of Bicameralism. It describes the existence of loksabha, rajyasabha, vidhan sabha and vidhan parishad.
Empowerment of women 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.com Phone-91-022-26770227, mobile-9321040048
The constitutional guarantees for empowerment of women
The constitutional guarantees for empowerment of women are as follows:
Fundamental Rights ensure empowerment of women thro’
Article 14- equal rights and opportunities for men and women in the political, economic and social sphere
Article 15- prohibition of discrimination on the grounds of sex, religion, caste etc
Article 15(3)- empowers the State to take affirmative measures for women
Article 16- provides for equality of opportunities in the matter of public appointments
The directive Principals ensure empowerment of women thro’
• Article 39- enjoins the state to provide an
– adequate means of livelihood to men and women and
– Equal pay for equal work
– Article 42- State to ensure the provision for just and humane condition of work and maternity relief.
• Fundamental duties
• Article 51v (A) (e) - fundamental duty on every citizen to renounce the practices derogatory to the dignity of women.
• Financial Accountability
• Article 151- reports relating to the accounts of the Union and states to be prepared and placed before the Parliament and State legislatures respectively.
Articulation of the demands and alternatives suggested by the women’s movement constantly refer to the Fundamental Rights in the Constitution of India such as
Article 14- equal rights and opportunities for men and women in the political, economic and social sphere
Article 15- prohibition of discrimination on the grounds of sex, religion, caste etc
Article 15(3) that empowers the State to take affirmative measures for women
Article 16 that provides for equality of opportunities in the matter of public appointments
When the government of India signed the UN charter on Equality, Development and Peace in 1975, the process of gender audit in the governance got an official stamp. In 1976, the Equal Remuneration Act was enacted to provide equal opportunities, equal treatment and equal wages for work of similar nature. NGOs have been consistently doing public scrutiny of Maternity Benefit Act, 1961 and specific provisions for women in general labour laws, The Factories Act, 1948 – Section 34 provides that the State government can lay down rules prescribing weights that may be carried by men and women, The Contract Labour (Abolition and Regulation) Act and Rules- that separate provision of utilities for women and fixed working hours.
Though these laws have proper implementation mechanisms, there is no provision for monitoring the effect of these laws on women. Allowance for special provisions for women have often proven to be detrimental to their employment opportunities. Participation of workingwomen in the decision-making processes in the industrial and agrarian relations is abysmally low. Women’s access to legal service largely remains inadequate in spite of the legal service Act, 1987.
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
Fundamental Duties are enshrined under Part IV A of the Constitution of India. The duties though not justifiable but are integral to constitutional spirit.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These rights ensure the fullest physical, mental and moral development of every citizen. They include those basic freedoms and conditions which alone can make life worth living.
This Presentation describes various enactments relating to Women Empowerment including provisions of Indian Constitution. This also covers Protection of Human Rights of Children and Weaker sections of the Community.
The constitution of India is considered to be the ‘General Will’ of the people of India. It is a document of immense importance.
It is not only is the basic law of the land but the living organic by which the other laws are to be created as per the requirement of the nation.
The life of a nation is dynamic, living, and organic its political, social and economic conditions are always subject to change.
Therefore, a constitution drafted in one era and in a particular circumstance may be found to be inadequate in another era in a different context.
It becomes necessary therefore to have machinery or some process by which the constitution may be adopted from time to time as per the contemporary needs of the nation. Such changes may be brought by different ways including formal method of amendment contained in Article 368 of the constitution. Article 368 of the constitution does not prescribe any express limitation upon the parliament’s amending power.
This Presentation describes Characteristics of Transformational Leadership and attributes required for the same.Four Elements of Transformational Leadership is highlighted.
Land Acquisition is one of the most important activities when we have to start a Project, but we don't yet have an Act satisfying all sections of Society and implementable without affecting the viability of the Project
ORPS Act, 2012 in Odisha is based on Citizens' Right to Charter in various Departments of State Government and having Provisions for Appellate and Revisional Authorities to redress the Grievances of Citizens
Innovation is profitable implementation of ideas.The difference between innovation and invention is that innovation is associated with creating value for individual, community or society at large.
Stress Management is key to happiness in life.Certain amount of stress brings positive results, but when stress level increases, it brings imbalance in the hormonal secretions in the body leading to physical and psychosomatic diseases.
Total Quality Management in assumes importance in the current context since we want maximum Governance with Minimum Government. What we can learn from Quality Gurus like Deming, Juran or Ishikawa to improve Service Delivery?
Good Governance is critical to development of Indian Economy. Campetency and Capacity Development of Civil Servants is a fundamental requirement for the same. Stress has to be laid on Four Pillars of Good Governance-- Ethos, Ethics, Equity & Efficiency
Ethics in the Workplace is the single most important attribute which leads to Sustainable Development.The Process of taking Ethical Decisions is very crucial in this context.
Emotional Intelligence is the most fundamental attribute for success in a career.While Intelligent Quotient may take a person to a job, it is Emotional Quotient which sustains him there.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
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2. Administrative Law -- Definition
Administrative Law deals with Powers & Functions of
Administrative Authorities, the manner in which
powers are to be exercised and remedies which are
available to the aggrieved persons when those powers
are abused by these authorities.
Administrative Law deals with four aspects:
Composition & Powers of the Administrative
Authorities , Fixing limits of the Powers of these
Authorities , Prescribes Procedures for Exercise of
such powers & Control of these Administrative
Authorities by Judicial & Other means
3. Reasons for Growth of
Administrative Law
Earlier the Role of the State was minimal, limited to
Defense & Administration of Justice
Now it has become a Welfare State, resulting in
Citizens demanding solutions of their Problems by the
State in addition to defining their rights.
Consequently, the demand on each organ of the State
has increased.
4. Overburdened Judicial System
Pendency of Thirty Million cases in various Courts
Employer-Employee Disputes resulting in Strikes &
Lockouts
Consequently, Industrial Tribunals & Labor Courts got
established
Such Tribunals are not Judicial Courts but Executive
Authorities having Judicial Power
5. Inadequate Legislative Process
Legislatures did not find time to deal with detailed
Procedures & Rules and sometimes such
Rules/Procedures were found lacking in Technical
Inputs.
Consequently this resulted in delegation of Legislative
Powers to Executive Authorities and this is known as
Delegated Legislation
While Legislation is rigid, administrative rule making
is flexible and liable to be altered/modified based on
implementation difficulties
6. Delegated Legislation
Three Wings of Government– Executive, Legislature &
Judiciary
With Expanded activities of an Welfare State, the
demand on the Legislature Time is very high .
Accordingly, Legislature formulates General Policies
and empowers the Executive to issue necessary Rules,
Regulations, bye-laws etc.
7. Delegated Legislation
In some areas, the Legislation may require Technical
Inputs. In that case group of Experts in the Subject may be
empowered to make rules, e.g. Atomic Energy, Intellectual
Property Rights , Patents, Cyber Crimes etc.
Legislature provides the Gun & prescribes the Target, but
leaves the Executive the task of pressing the Trigger.
Legislature formulates the Policy and delegates executive
for supplying the details. This is known as Skeleton
Legislation with Executive to provide Flesh & Blood to the
Skeleton
In Kunj Behari Lal Butail vrs State of HP, Supreme Court
held that only subordinate legislative functions can be
delegated, not the essential legislative function
8. Power of Inclusion & Exclusion
Sometimes, Legislature may make laws, but
Government are given the power to decide to whom it
should apply . The Act may Prescribe the Criteria and
standard or principles to guide the Government .
Otherwise, the delegation is liable to be stuck down
Power to remove difficulties: Such clauses are included
in the Acts to modify the statute to remove difficulties
in implementation, if any, encountered during such
process
9. Impermissible Delegation
Power to repeal Law is a Legislative Function and such
power can not be delegated. Subject to Constitution,
Parliament/ State Legislature may enact Laws
Prospectively/Retrospectively. Power of giving an Act
Retrospective Effect can not be delegated
Article 265:No Tax shall be levied or collected except by
Authority of Law . Here Law means enactment of the
Legislature and not Executive Authority. However,
Government may be delegated Power to exempt a
particular commodity from levy of Tax
Legislature to fix criteria to enable delegation with
framework of statute
10. Conditional Legislation
Legislature makes Law, but it leaves to the Executive to
bring the Act into force, on fulfillment of certain
contingencies and conditions
Delegatus non potest delegare: A delegate cannot
further sub delegate unless the Act specifically allows
it
11. Principles of Natural Justice
Audi alteram partem: Hear the Other Party. Issue Reasoned
or Speaking Order after hearing the aggrieved Party. No
man should be condemned unheard. Give proper
Opportunity of Hearing at a date, time and place with
sufficient notice to the Party to be present with all evidence
in his support.
Nemo debet esse judex in propria causa:No man shall be
Judge in his own case. Justice should not only be done, but
should definitely appear to be done
Rule against Bias disqualifies any Authority from deciding a
Dispute if he has any interest in the Subject Matter or in
the Parties to the Dispute.
12. Principles of Natural Justice
Rule against Bias: Bias of Three Types: (1) Pecuniary
Bias—Authority exercising Quasi-Judicial Function
should not have Pecuniary Benefit from the Subject
Matter of Dispute.E.g.Mohapatra & Co vrs State of
Orissa (1984) 4 SCC 103-Book selecting Committee for
Colleges had Authors as Members (2) Personal Bias—
This may arise from friendship, enmity, personal
grudge or professional rivalry. E.g. Being a candidate
for selection and member of selection board
(3)Official Bias: If the Judge has general interest to
decide a dispute
13. Constitutional & other Enactments
for ensuring Human Rights for
Women
Principles of Gender Equality in Constitution of India
is enshrined in its Preamble, Fundamental Rights,
Fundamental Duties and Directive Principles. Our
Constitution has Provisions for the State to adopt
measures of Positive Discrimination in favor of
Women
Fundamental Rights ensure equality before Law and
Equal Protection of Laws and prohibits discrimination
on grounds of religion, Race, Caste, Sex or Place of
Birth and guarantees Equality of Opportunity to all
citizens in matters relating to Employment.
14. Constitutional & other Enactments
for ensuring Human Rights for
Women
Article 14: Equality Before Law
Article 15(1):Non- Discrimination on the Grounds of
Religion, Caste, Sex, Place of Birth
Article 15(3):State may make any special provision in
favor of Women & Children
Article 16:Equality of Opportunity for all Citizens in
matters relating to Employment
Article 39(a):Equal Rights for Men & Women to
Adequate Means of Livelihood
15. Constitutional & other Enactments
for ensuring Human Rights for
Women
Article 39(d):Equal Pay for Equal Work for both Men &
Women
Article 39(A):Ensure that opportunities for seeking
Justice are not denied for any Citizen by Economic &
other Disabilities
Article 42:State to make Provision for securing
just & humane conditions of work & Maternity Relief
16. Constitutional & other Enactments
for ensuring Human Rights for
Women
Article 46: State to Promote with special care, the
educational and economic interests of the weaker
sections of the people and protect them from social
injustice and all forms of Exploitation
Article 47: State to raise level of nutrition and standard
of living of the people
Article 51(A)(e):State to promote Harmony and the
spirit of common brotherhood amongst all the people
of India and renounce Practices derogatory to the
Dignity of Women
17. Constitutional & other Enactments
for ensuring Human Rights for
Women
Article 243D(3):Not less than 1/3rd (including those
reserved for Women SC/ST Categories) of Seats to be
filled up in every Panchayat to be reserved for Women,
to be allotted on rotation basis among different
constituencies in Panchayats
Article 243D(4):Not less than 1/3rd of the total
numbers of offices of Chairpersons in the Panchayats
at each level to be reserved for Women
18. Women Reservation in
Municipalities
Article 243T(3):Not Less than 1/3rd (Including those
reserved for Women SC/STs) of the total number of
seats to be filled up by direct election in every
Municipality to be reserved for women and such seats
are to be allotted by rotation among different
constituencies in a Municipality
Article 243T(4):Reservation of offices of Chairpersons
in Municipalities for the Scheduled Castes, Scheduled
Tribes and Women in such manner as the Legislature
of a State may by law provide
19. Legal Provisions Relating to Crimes
against Women
Crimes against Women generally refers to crimes
directed specifically against women although they may
suffer other crimes like Robbery, cheating, Murder etc.
Indian Penal Code Sections:
(i) Section 376: Offence of Rape
(ii) Section 363-373:Kidnapping and Abduction for
Different Purposes
20. IPC Sections Relating to Crimes
Against Women
Section 302/304-B:Homicide for Dowry, Dowry Deaths
or their Attempts
Section 354:Assault or Criminal Force Against Women
with Intent to Outrage her Modesty
Subsequent to Nirbhaya Case, Criminal Law
Amendment Act has made further Provisions under
this Section
Section 509: Word, Gesture or Act intended to insult
the Modesty of a Woman
21. Special Laws applicable to Women
The Employees State Insurance Act,1948
The Plantation Labor Act, 1951
Family Courts Act, 1954
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956 with Amendments in
2005
Immoral Traffic(Prevention Act), 1956
The Maternity Benefit Act, 1961 with 1995
Amendments
22. Special Laws applicable to Women
Dowry Prohibition Act, 1961
The Medical Termination of Pregnancy Act, 1971
The Contract Labor (Regulation & Abolition) Act, 1976
The Prohibition of Child Marriage Act, 2006
The Criminal Law Amendment Act, 1983 & 2013
23. Special Laws applicable to Women
The Factories (Amendment) Act, 1986
Indecent Representation of Women (Prohibition) Act,
1986
Commission of Sati (Prevention) Act, 1987
The Protection of Women from Domestic Violence
Act, 2005
Subsequent to Brutal Rape & Murder of Nirbhaya on 16th
December 2012 in Delhi, Laws have been strengthened
based on Justice J.S.Verma Committee Report
24. Main Provisions of Criminal Law
Amendment Act 2013
Section 326A: Acid Attack : Imprisonment >10 Years + fine
to cover reasonable Medical Expenses of the Victim
Section 326B:Attempt to Acid Attack : Punishable with
Imprisonment 5-7 Years+ Fine
Section 354A:Sexual Harassment defined as (i)unwelcome
Physical Contact and advances (ii) Demand/Request for
Sexual Favors (iii) Showing Pornography against the will of
a woman (iv) Making Sexually Colored remarks. For first
three offences, Rigorous Imprisonment for up to 3 years
and/or fine. For the last offence, Imprisonment up to One
Year and/or fine
Section 354B: Assault on Woman with Intent to Disrobe:
Imprisonment 3-7 years + Fine
25. Main Provisions of Criminal Law
Amendment Act 2013
Section 354C: Voyeurism: Watching/Capturing &
Disseminating Image of a woman engaged in Private
Act—First Conviction– 1-3 years + Fine,
Second/Subsequent Conviction—3-7 years + Fine
Section 354D: Stalking: Following a woman to contact
or attempt to contact or monitor E mail/Internet use
by a woman unless authorized for
Prevention/Detection of Crime. First Conviction–
Imprisonment up to 3 years + Fine, Second
Subsequent Conviction – Imprisonment up to 5 years
+ Fine
26. United Nations’ CEDAW Covenant
The Covenant on Elimination of Discrimination
against Women (CEDAW), 1979 is a Landmark Treaty
of United Nations marking Struggles for establishment
of Womens’ Rights . Described as a Bill of Rights for
women, it propagates non-discriminatory model, i.e.
Women should enjoy same rights as men– Civil,
Political , Economic & Cultural.
27. United Nations’ CEDAW Covenant
CEDAW follows Universal Declaration of Human
Rights (1948) and International Covenant of Social &
Political Rights (1966), which laid stress on Equality
between Men & Women
General Recommendation 19 of CEDAW formulated in
1992, deals entirely with Violence against Women and
asks State Parties to review their laws and policies
accordingly
India ratified CEDAW Resolution on 25th June, 1993.
India affirmed to implement CEDAW at Fourth World
Conference on Women at Beijing (1995)
28. United Nations’ CEDAW Covenant
Articles 51 and 253 of the Constitution of India
empowers Parliament to make laws to give effect to
International Covenants.
The Declaration on the Elimination of Violence
against Women 1993 is a comprehensive statement of
international standards with regard to Protection of
Women from Violence . Any grave or systematic
violation can be enquired into and penalized ever
since the Optional Protocol of December 2000.
29. Protection of Rights of Working
Women
Following Gangrape of Bhanwari Devi, a social worker
who tried to stop a child marriage in a village in
Rajasthan by some upper caste men, a case was filed in
the Trial Court by her against offenders . Acquittal of
accused in trial Court led to several womens’ Groups
under the Collective Platform of Visakha in the
Supreme Court
Supreme Court of India for the first time gave a
detailed definition of Sexual Harassment of Women
30. Protection of Rights of Working
Women
Supreme Court considered many International
Conventions on Womens’ Issues for Gender Equality,
right to work with Dignity in Articles 14, 15, 19(1)(g) of
the Constitution of India
Earlier Working Women facing Sexual Harassment
could proceed under Sections 354 and 509 of IPC, but
what is the scope of “outrage of modesty of women”
was left to the discretion of the Police Station House
Officer.
31. Protection of Rights of Working
Women
Landmark Judgement by Hon’ble Supreme Court in
August 1997 by Justice J.S.Verma led Bench defined
Sexual Harassment as (i) Physical Contact and
Advances (ii) demand or request for sexual favors
(iii)Sexually colored remarks(iv) showing pornography
(v) any other physical, verbal or non-verbal conduct of
sexual nature
Complaints Mechanism will be evolved to deal with
the complaints by the Employer
32. Protection of Rights of Working
Women
After the Nirbhaya Case, Visakha Guidelines were
incorporated in a Legislation “The Sexual Harassment
of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 made effective from April 23rd,
2013 by Gazette Publication
Highlights of the Act:-
(i) It covers all women, irrespective of her age or
employment status, whether in organized or
unorganized sectors, Public or Private and covers
Clients, Customers and Domestic Workers as well
33. Protection of Rights of Working
Women
(ii)The workplace covers all establishments in Private
Sector, Public Sector, Organized/Unorganized Sectors,
Hospitals, Nursing Homes, Sports Institutes, Stadium,
Places visited by Employee on duty, during
transportation
(iii)Internal Complaints Committee (ICC) will complete
Enquiry within 90 days. On Completion of Enquiry,
the Report will be sent to the Employer or the District
Officer and they have to take action within 60 days
34. Protection of Rights of Working
Women
(iv)Every Employer will constitute ICC in the
Departments or Branches with 10 or more employees.
The District Officer (District Collector) is required to
constitute Local Complaints Committee (LCC) in each
District and if required at Block Level
(v)ICC/LCC will have powers of Civil Court for gathering
Evidence
(vi) The Inquiry will be kept confidential and anybody
breaching will be fined Rs.5000/-
35. Protection of Rights of Working
Women
(vii)Employers to conduct Education/Sensitization
Programs and develop Policies against Sexual
Harassment of working Women
(viii)Non-Compliance with Provisions of the Act shall be
Punishable with Fines up to Rs.50,000/-. Repeated
violations may lead to higher Penalties/Cancellation of
Licenses
36. Protection of Rights of Working
Women
(ix) Since Sexual Harassment is a Criminal Offence
under Section 354 of IPC, Employers are obligated to
report offences.
(x) The Act can cover even women working as
Agricultural Labor, since the definition of workplace is
very wide.
37. Special Initiatives for Women
National Commission for Women: Set up in January,
1992 it is meant to safeguard interests of Women. Has
a wide mandate covering all aspects of Womens’
Development like investigating and examining legal
safeguards provided for women under Constitution &
other Laws. Looking into complaints and take suo
moto notice . Taking up research and studies related to
Women
38. Special Initiatives for Women
National Policy for Empowerment of Women 2001:The
Department of Women & Child Development had
prepared a “National Policy for the Empowerment of
Women” in the year 2001. Its goal was to bring about
the advancement, development and empowerment of
Women
Reservation of Women in Local Self-Government: The
73rd Constitutional Amendment Act passed in 1992
ensures 1/3rd of total seats for women in all elected
offices in rural and urban local Bodies
39. Protection of Child Rights
Constitutional Provisions:-Article 15:Non-
discrimination against any citizen ; Article 21:No
person should be deprived of his life and liberty ;
Article 23:Traffic in Human beings & Forced Labor
Prohibited ; Article 24:No Child below 14 years to work
; Article 39:Tender age of children not abused ; Article
42:Securing Just & Humane conditions of Work and
for Maternity Relief
40. Protection of Child Rights
Article 45:Free & Compulsory Education of all children till 14 years of age ; Article
47:Raising the Level of Nutrition & Standard of living of people
International Convention– UN Convention on the Rights of the Child . Sets out 54
Articles and outlines Basic Human Rights for every Child. It Covers– Right to Survival,
Right to Development, Right to Protection, Right to Participation. Other International
Conventions are SAARC Convention on Regional Arrangements for the Promotion of
Child Welfare in South Asia—Protocol to prevent, suppress and punish and deals with
Trafficking in Persons, Especially Women & Children for Prostitution
National Policy for Children, 1974:Children to be covered by Health & Nutrition Services,
Free & Compulsory Education for all Children below 14 years, Non Formal Education—
Physical Education, Games, Sports to be promoted in Schools, Community Centers,
Equality of Opportunity for Children of Weaker Sections, Children to be protected
against neglect, cruelty and exploitation, No Under 14 Child to work, Special Facilities for
Handicapped Children, Priority to Children under Distress, Calamities, special programs
for Gifted Children, Existing Laws are to be amended keeping in view safeguarding of
Childrens’ interest
41. National Health Policy, 1983
Emphasis on launching of Nationwide immunization
Program aimed at 100% coverage of targeted
population
Priority of launching of Special Program for maternal
and child Health Care with focus on underprivileged
sections of Society
School Health Programs
Emphasis on Provision of Safe Drinking Water &
Sanitation Facilities
42. National Policy on Education 1986
Priority to Early Childhood Care & Education (ECCE)
Day Care Centers as support service for
Universalization of Primary Education
Integration of Child Care and Pre-primary Education
Universal Enrolment and retention of Children up to
14 years in the School System
43. National Policy on Education 1986
Child centered Activity Based Process of Learning
adopted at Primary Stage
Supplemental Remedial instruction for first
generation learners
Provision of Essential Facilities in Primary Schools like
Toilets & Safe Drinking Water
Highest Priority to solving School Drop-out Problems
of Children . Non-formal Education Facilities for
Working & School Drop-out Children
44. National Policy on Education 1986
Non-formal Education Facilities for Girl Child
Provision of at least Two Teachers (One Woman)in
every school
National Nutritional Policy, 1993: Realized the
importance of tackling the problem of mal-nutrition
through Direct Nutrition Intervention for specially
vulnerable groups as well as through various
Development Policy Instruments
45. Child Targeted Schemes &
Programs
Mid-Day Meal Scheme
Integrated Child Development Scheme (ICDS)
Integrated Child Protection Schemes(ICPS)
Sarva Shiksha Abhiyan
Operation Blackboard
Integrated Program for Street Children
Kishori Shakti Yojana
46. Child Targeted Schemes &
Programs
Wheat Based Nutrition Program
Nutrition Programs for Adolescent Girls
Rajiv Gandhi Creche Scheme for the Children of
Working Mothers
Balika Samriddhi Yojana
Initiatives to combat trafficking in Women & Children
CHILDLINE Services
47. Child Targeted Schemes &
Programs
Reproductive & Child Health Program
National Child Labor Project
Scheme for Working Children in need of care &
protection
Acts supporting Child Rights
(1) The Protection of Children from Sexual Offences Act
2012
(2) The Right of Children to Free & Compulsory
Education Act 2009
49. Acts Supporting Child Rights
(9) Persons with Disabilities Act 1995
(10) Prohibition of Child Marriage Act 2006
(11) Immoral Traffic (Prevention) Act 1986
(12) Guardians & Wards Act 1890
(13) Hindu Adoption & Maintenance Act 1956
(14) Sections of the Indian Penal Code & Child Related
Offences
50. National Commission for
Protection of Child Rights (NCPR)
Set up in 2007 to safeguard Childrens’ interests
Examines and reviews safeguards provided by various
laws for protection of child rights & recommend
measures for effective implementation
Inquires into violations of Child Rightsa & initiate
Proceedings
51. National Commission for
Protection of Child Rights (NCPR)
Undertakes and promotes research in the field of child
rights
Spreads Child Rights Literacy among various Sections
of Society and promotes awareness of the safeguards
available for protection of these rights through
Publications in Media, Seminars and other available
means
52. Odisha State Child Protection
Society(OSCPS)
Registered in 2009 to implement ICPS
Functions under Women & Child Development
Department, Government of Odisha
Setting up District Child Protection Units
Ensuring effective implementation of Juvenile Justice
Act 2000 & Odisha Juvenile Justice (Care & Protection
of Children) Rules
Ensure proper implementation of all acts relating to
Child Rights . Co-ordinating with all Departments
related to protection of Child Rights
53. Protection of Children from Sexual
Offences (POCSO) Act, 2012
Act Passed by Lok Sabha on 22nd May,2012 and Rajya
Sabha on 10th May, 2012.Rules under the Act notified
on 14th November, 2012. For the First Time, Special Act
was passed. Earlier, IPC Sections dealt with the
Problem, but they were grossly inadequate , as they
failed to distinguish between Adult & Child Victims
Act defines a Child to be below 18 years of age
Act provides for stringent punishments for various
offences
54. Protection of Children from Sexual
Offences (POCSO) Act, 2012
An offence is treated as aggravated when committed
by a Person in Position of Trust or Authority, such as a
Member of Security Force, Police Officer, Public
Servant etc.
Various Punishments Prescribed are:-
(i) Penetrative Sexual Assault (Section 3)--7 years to
Imprisonment for Life + Fine (Section 4)
(ii) Aggravated Penetrative Sexual Assault (Section 5)–
10 years to Imprisonment for Life + Fine (Section 6)
55. Protection of Children from Sexual
Offences (POCSO) Act, 2012
(iii) Sexual Assault (Section 7) – 3 years to 5 years + Fine
(Section 8)
(iv) Aggravated Sexual Assault (Section 9)-- 5 years to 7
years + Fine (Section 10)
(v) Sexual Harassment of the Child (Section 11)– up to 3
years + Fine
(vi) Use of Child for Pornographic Purposes (Section
13)– First Conviction: up to 5 years + Fine: Subsequent
Conviction: up to 7 years + Fine (Section 14(1))
56. Protection of Human Rights of
Scheduled Castes/Scheduled Tribes
Constitutional & Legal Provisions:
(i) Articles 23, 24, 37,38,39, 39A & 46 of the
Constitution of India deals with Traffic in Human
Beings/Forced Labor, Employment of Children in
Factories, Securing a Social Order for promotion of
Welfare of people, Equal Justice & Free Legal Aid,
Promotion of Educational & Economic Interests of
Scheduled Castes/Scheduled Tribes/Weaker
Sections
57. Protection of Human Rights of
Scheduled Castes/Scheduled Tribes
Article 17 relates to abolition of Untouchability . Article 25
deals with Freedom of Conscience and free profession,
practice & propagation of religion
Article 15 & 16 relate to principles of Equality & Prohibition
of Discrimination on the basis of Caste/Race/Sex/Place of
Birth/Religion
Article 16(4) makes Special Provision for Reservation in
Public Services for Backward Classes where they are not
adequately represented. Article 16(4A) provides for
Accelerated Promotions also based on Backwardness,
inadequacy of Representation and Administrative
Efficiency (Article 335).
58. Protection of Human Rights of
Scheduled Castes/Scheduled Tribes
Article 330: Reservation for SC/ST in the Lok Sabha
Article 332:Reservation for SC/Sts in the Legislative
Assemblies
Article 243D: Reservation of Seats in Panchayats
Article 243T:Reservation of Seats in Municipalities
59. Protection of Human Rights of
Scheduled Castes/Scheduled Tribes
Article 19(5):Special Restrictions may be placed by
Government for acquisition & Disposal of Property in
the interests Scheduled Tribes, especially the Primitive
Tribal Groups
Article 29: Cultural/Linguistic Minority has Right to
Conserve its Language & Culture
Article 338: National Commission for Scheduled
Castes has been set up to safeguard their Rights
Article 338A: National Commission for Scheduled
Tribes has been set up to safeguard their Rights
60. Protection of Human Rights of
Scheduled Castes/Scheduled Tribes
These National Commissions are to investigate,
monitor Complaints by Members of SC/Sts into
atrocities committed on them and also advise
Government to bring in appropriate Legislation or
make changes in existing Legislation to safeguard their
interests. Annual Report to President of their activities
. They also advise Government on Sub-Plans of
Schemes of Government of India/State Governments
61. Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act,1989
This Specific Legislation was brought in as Protection
of Civil Rights Act 1955 and IPC was not sufficient to
deal with cases of atrocities against members of
Scheduled Castes/Scheduled Tribes.
Salient Features of the Act are:-
(i)Creation of new offences not in IPC or PCRA
(ii)Commission of offences by non-SC/ST persons on
SC/ST Community
62. Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act,1989
Defines various types of atrocities against SC/STs
under Section 3
Provides for stringent punishments
Enhanced Punishments for Public Servants
Punishment for neglect of duty by a Public Servants
Attachment & Forfeiture of Property
Creation of Special Courts to try the offences under
the Act
63. Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act,1989
Appointment of Special Public Prosecutors
Empowers Government to impose Collective Fines
Cancellation of Arms Licenses in identified Areas and seize
all illegal Fire arms
Granting Arms Licenses to SC/STs
Denial of Anticipatory Bail
Denial of Probation to convicts
Provides compensation to victims & their
relief/rehabilitation
Identify Atrocity prone areas
Setting up deterrent to avoid commission of atrocities
64. Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act,1989
Setting up mandatory, Periodic monitoring System at
different levels, District Level District Level
Monitoring & Vigilance Committee-DVMC, State
Level Monitoring & Vigilance Committee-SVMC &
National Level Vigilance & Monitoring Committee—
NVMC
Atrocity under the Act is any offence under Sections
3(1) & 3(2).
65. Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act,1989
The Protections under the Act mainly covers the
following:-
(i) Social Disabilities like non-access to Drinking Water
Source or use of a Passageway
(ii) Personal Atrocities like forceful drinking or eating of
obnoxious substance
(iii) Outraging Modesty or sexual exploitation, causing
injury or annoyance
66. Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act,1989
(iv) Atrocities affecting Properties like land, residential
premises
(v) Economic Exploitation, Bonded Labor
Criminal Liability under the Act can only be established
if the offence is committed by a person who is not an
SC/St against a person who is SC/ST. A Court of
Session will be a Special Court under the Act
67. Protection of the Rights of
Minorities—Constitutional
Provisions
Rights fall in Two Categories—(1) Common Domain
applicable to all Citizens and (2) Separate Domain
applicable to Minorities
Part III of Constitution --- Fundamental Rights & Part
IV– Directive Principles of State Policy
Part IV Article 38(2):state to try to eliminate
inequalities in status, facilities & opportunities
amongst individuals and groups of people residing in
different areas. Article 46: State to Promote
Educational/Economic interests of weaker sections of
people
68. Protection of the Rights of
Minorities—Constitutional
Provisions
Article 51A:Citizens’ Duty to promote harmony and
spirit of common brotherhood amongst people of
India transcending
religious/linguistic/regional/sectional diversities
Article 15,16, for equality of opportunity for all with
consideration for Backward Classes, Women, SC/STs
Article 25(1):Right to Profess, practice and propagate
religion subject to Public Order, morality & Health
69. Protection of the Rights of
Minorities—Constitutional
Provisions
Article 26: Every Religious Denomination can
establish & maintain Institutions for Religious &
Charitable Purposes, can own or acquire
movable/immovable property and administer it as per
law.
Article 27: Prohibits compelling any Person to pay
taxes or promote any particular Religion
Article 28:Peoples’ Freedom to attend any Religious
instruction or worship in Educational Institutions
70. Protection of the Rights of
Minorities—Constitutional
Provisions
Article 29(1) Right of any citizen/group of citizens to
conserve their language, script or culture
Article 29(2):Restricts denial of admission to any
citizen to any Educational Institution maintained or
aided by the State on only the grounds of
religion/caste/language
Article 30(1): Right of all Linguistic Minorities to
establish & Administer Educational Institutions of
their Choice
71. Protection of the Rights of
Minorities—Constitutional
Provisions
Article 30(2):Freedom of Minority Managed
Educational Institutions from discrimination in the
matter of receiving aid from the State
Article 347: Special Provision relating to the language
spoken by a Section of the Population of any State
Article 350A: Provision of Facilities for instruction in
Mother Tongue at Primary Stage
72. Protection of the Rights of
Minorities—Constitutional
Provisions
Article 350B:Provision of a Special Officer for
Linguistic Minorities and his Duties
Article 25(1) Explanation: Sikh Community’s Rights to
wearing and carrying Kirpans
National Commission for Minorities (NCM) has been
set up Pursuant to NCM Act, 1992 to safeguard the
interests of Religious Minorities– Muslims, Christians,
Sikhs, Buddhists, Jains. Social Pluralism of India has
been fortified by the unique concept of Secularism
enshrined in the Constitution of India
73. Health Indicators of Women &
Children in Odisha & India
Indicator Odisha India
(1) Maternal
Mortality Rate 222 178
(2) Infant Mortality
Rate 51 40
(3) Sex Ratio 978 940
(4)Child Sex Ratio 934 914
(5)Women Literacy 64.4% 65.4%