Gender sensitivity: A Concept Overlooked

GENDER SENSITIVITY
fyax
laosnu'khyrk

GENDER SENSITIVITY
1. INTRODUCTION
2. NECESSITY OF GENDER SENSITIVITY
3. GENDER BIAS & DISCRIMINATION
4. “VISHAKHA” CASE & SUPREME COURT
GUIDELINES
5. SEXUAL HARASSMENT
6. WOMEN RELATED LAWS
7. INTERNAL COMPLAINTS COMMITTEE
8. NATIONAL POLICY FOR EMPOWERMENT OF
WOMEN
9. TRENDS RE-VISTING
10. CONCLUSION

INTRODUCTION
SENSITISATION
IS
MAKING AWARE OR AWAKENING
5 Aces
Awareness
Accept
Analyze
Amend
Achieve

NECESSITY OF GENDER
SENSITIVITY
• INDUCTION OF WOMEN IN BSF
• MALE DOMINATED FORCE (SOCIETY)
• COMMON WORKING PLACE &
IMPLICATIONS
• CRIMES AGAINST WOMEN - INCREASE
• SEXUAL HARRASSMENT
• SOME WRONG NOTIONS ABOUT WOMEN
• PROVIDE CONVENIENT WORKING
ENVIRONMENT
• WOMEN SPECIFIC LAWS
• BRING POSITIVE ATTITUDINAL CHANGE

Question No 1
God has made female lesser than male.
(a) Yes (b) No (c) Don't know
Answers
(a) 13/ 12.75 % (b)85/83.3 % (c)4/3.9 %
D;k bZ’oj us vkSjr dks vkneh
ls derj cuk;k gS

Question No 2
Can a girl defend herself as the boys do?
Answers
(a)75/73.5% (b) 27/26.4 % (c)0/0 %
D;k ,d yM dh yM dksa dh rjg+ +
viuk cpko kqn dj ldrh gS[

Question No 3
It is the provocative clothes of a girl that invite
molestation / rape on her.
Answers
(a) 31/30.3% (b) 66/64.7 % (c) 5/4.9 %
D;k yM fd;ksa ds lkFk NsM+ +
kkuh cYkkRdkj muds vax[ @
iznZ’kd vkSj mRRksftr
diM ksa ds dkj.k gksrs gSa+

Question No 4
It is right to bring up the daughter as ‘paraya
dhan’.
Answers
(a) 3/2.9 % (b) 95/93.1 % (c) 4/3.9%
D;k yM dh dk ikyu iks"k.k+
mldks ‘ijk;k ku” le dj djuk/ >
pkfg,

Question No 5
The sex related awareness should be freely
discussed in family with girls.
Answers
(a) 47/46.1% (b) 38/37.2% (c) 17/16.6%
D;k ifjokj esa yM fd;ksa ds+
lkFk lsDl ;kSu f’k kk dh ckr@ {
kqys rkSj ij djuh pkfg,[

Question No 6
Should the daughter be given equal share in
father's property?
Answers
(a) 82/80.4% (b) 13/12.7% (c) 7/6.8%
D;k csVh dks firk dh lEifRRk
ls cjkcj fgLLkk feyuk pkfg,

Question No 7
In girl's marriage, her wishes should prevail
over any other consideration.
Answers
(a) 64/62.7% (b) 26/25.5% (c) 12/11.7%
D;k viuh 'kknh ds fy, yM dh+
dh bPNk gh loZfiz; vkSj
loZekU; gksuh pkfg,

Question No 8
It should be mandatory to have only an all
female staff in education centres and health
centres for females.
Answers
(a) 29/28.4% (b) 71/69.6% (c) 2/1.9%
D;k efgykvksa ds fy, cus f’k kk{
laLFkkuksa vkSj fpfdRlk
dsUnzkas ds LVkQ esa iw.kZ
rkSj ij efgyk,a gksuh pkfg,

Question No 9
Girl is safe only within the perimeters of her
family. Outside she is unsafe.
Answers
(a) 13/12.7% (b) 82/80.4% (c) 7/6.8%
D;k yM dh flQZ viuh ifjokfjd+
lhekvksa esa gh lqjf kr gS{ ]
blds ckgj vlqjf kr gS{

Question No 10
Any untoward happening with the girl would
compromise the honour of the family.
Answers
(a) 37/36.2% (b) 56/54.9% (c) 9/8.9%
D;k yM dh ds lkFk dksbZ+
vfiz; ?kVuk gksus ij ifjokj dh
bTTkr ,oa xfjek dks
kCCkk dyad yx tkrk gS/ @

Question No 11
In certain situations it would be alright for a
husband to beat up his wife.
Answers
(a) 10/9.8% (b) 88/86.3% (c) 4/3.9%
dqN kkl gkykrksa esa ifr kjk[ }
iRuh dks ihVuk mfpr tk;t gS@

Question No 12
Like sexual harassment at other places,
women have to suffer such exploitation at
work-places too.
Answers
(a) 63/61.7% (b) 27/26.4% (c) 12/11.7%
D;k dk;ZLFky ij Hkh vU;
txgksa dh rjg efgykvksa dks
;kSu mRihM u lgu djuk+
IkM rk gS+

GENDER BIAS
Two types of differences –
Biological - (Sex based) – Male & Female –
•Decided by nature,
•Independent of time, place, culture or society
Gender based - (Society created ) – Men &
Women.
•Social difference is due to values practiced by
the society at given time and place.
•Owe their existence to time, place, culture and
society

Predominant negative notions generally
prevalent about women, on the basis of which
a woman is deprived of opportunities are –
• Physically weaker sex – relative term
•Can’t be entrusted with parental
property
•Can’t defend herself but for the support
of men folk
PREJUDICED NOTIONS AGAINST WOMEN

•Can’t be relied to take independent
decisions on important matters like
marriage, career, dress code or trusted to
use mobile phones and internet etc.
•Carries the burden of honour of the
family on her head all the time.
•Safe at home and unsafe outside.
•Responsible for the woes of females.
PREJUDICED NOTIONS AGAINST WOMEN

Due to these wrong notions ,Women are
subjected to –
• Family reluctance towards education.
• Unequal roles & compelled for house
hold work and less recognised work.
• No value for works allotted to them.
• Not recognized Imp. partners in society.
Result of this biased division of labour is –
women are confined to the private domain of
family. Public domain is monopolized by
men.
DISCRIMINATION

Clothes - Pink or blue
Toys -Guns - Dolls
Feeling -Parayadhan,Female
Infanticide
Work -Public job - house job
Property -Patriarchal
Desire - To give birth to a son, even
after many daughters
Customs -Purdah, Sati custom, Jauhar
practice
Festivals -Raksha bandhan, Chhat,
Bhaiyadooj etc
DISCRIMINATION REINFORCED

AND
Then made an “Abla” (weak woman) by society,
with- No self confidence, no opportunities, no
consciousness, no property, no liberty to express and
not capable to defend self.
And
So is born the myth of “mighty men” – Full of
confidence, master of opportunities, conscious, strong,
free to express and resourceful.
THUS
Simone de Beauvoir said-
“Women are not born but made by the male
dominated society”.

Now
With initiatives for women empowerment,
women have started coming out in public
domain and are showing their competence.
But
This has only lead to-
Their increased “Presence” in public domain
but has not improved their “Essence” to desired
level in the society.
They are yet to be “Empowered” in real sense
And
Provided with more opportunities.

VISHAKHA CASE
• Landmark Judgment
• 13 August 1997
• Sexual Harassment at the Workplace has
remained one of the central concerns of
the women's movement in India since the
early-'80s.

VISHAKHA CASE
• Before 1997, women experiencing SHW
had to lodge a complaint under Sec
354,IPC i.e 'criminal assault of women to
outrage women's modesty‘ and Sec 509
that punishes an individual/individuals for
using a 'word, gesture or act intended to
insult the modesty of a woman'.
• These left the interpretation ( / of
'Outraging Women's Modesty' to the
discretion(/) of the police officer.

• SC Guidelines in the Case of “Vishakha and
others vs State of Rajasthan and others”
owing to Gang rape of Bhanwari Devi by a
group of Thakurs when she attempted to
stop a child marriage in their family.
• She was a rural level social worker
(Saathin) in a developmental programme
initiated by Rajasthan State Government,
who tried to stop Ramkaran Gujjar’s infant
daughter’s marriage as part of her work,
Nevertheless, marriage took place.
HISTORY OF VISHAKHA CASE

• But Bhanwari Devi was not forgiven for her
efforts to stop marriage and was subjected
to social boycott.
• In September 1992, she was gang raped by
five men including Ramkaran Gujjar in
front of her husband.
• The days that followed were filled with
hostility and humiliation for Bhanwari and
her husband.

• The only male doctor in the Primary Health
Centre refused to examine Bhanwari and
the doctor at Jaipur only confirmed her age
without making any reference to rape in his
medical report.
• Women constables at Police station, too,
taunted her throughout the night and that
midnight she was asked to leave her lehenga
behind as evidence and return to her
village.

• She had to leave wearing her husband’s
bloodstained Dhoti as their pleas to let them
sleep in the police station at night were
turned down. Trial court acquitted the
accused.
• But Bhanwari was determined to fight
further and get justice.
• She said that she had nothing to be
ashamed of and that the men should be
ashamed due to what they had done.

• Her fighting spirit inspired fellow Saathin’s
and women’s groups countrywide. They
launched a concerted campaign for justice
for Bhanwari.
• In December 1993, the High Court said, “It
is a case of Gang Rape which was
committed out of vengeance”.
• This provoked women’s groups and NGOs
to file a petition in the Supreme Court of
India.

• The groups had filed a petition in the
Supreme Court of India, under the name
‘Vishakha’, seeking the court directions on
sexual harassment that women face at the
workplace.
• The result, Supreme Court gave judgment
on 13th August 1997, as Vishakha case
guidelines.

Defined sexual harassment as
“ UNWELCOME SEXUALLY DETERMINED
BEHAVIOR”
1.Sexually coloured remarks
2.Physical contact and advances
3.Showing pornography
4.A demand or request for sexual favours
5.Any other unwelcome physical, verbal /
non-verbal conduct being sexual in nature.
Supreme Court in Vishakha vs
State of Rajasthan Case

SEXUAL HARASSMENT AT
WORKPLACE

WHAT ARE THE EFFECTS OF
SEXUAL HARASSMENT
ON
THE ORGANISATION?

•Decreased productivity and increased
team conflict.
•Decreased job satisfaction.
•Loss of staff and expertise from
resignations to avoid harassment or
resignations/firings of alleged
harassers.
EFFECTS OF SEXUAL HARASSMENT ON
ORGANISATION

•Decreased productivity and / or
increased absenteeism by staff.
•Increased health care costs and sick
pay costs because of the health
consequences of harassment.
•If the problem is ignored, Organisation’s
image can suffer.
ORGANISATION

•The knowledge that harassment is
permitted can undermine ethical
standards and discipline in the
organization in general, as staff lose
respect for, and trust in, their seniors
who indulge in, or turn a blind eye to,
sexual harassment
•Legal costs, if the problem is ignored
and complainants take the issue to
court.
ORGANISATION

CCS (CONDUCT) RULES 3-C. (25)
The employers as well as responsible
persons or institutions to observe certain
guidelines to ensure prevention of sexual
harassment of women in work place .
1. Prevent or deter the acts of sexual
harassment and have procedures in place
for the resolution and settlement of such
acts.
PROHIBITION OF SEXUAL HARASSMENT OF
WORKING WOMEN

PREVENTIVE STEPS: EMPLOYERS /
RESPONSIBLE PERSONS
 Express prohibition of sexual harassment
as defined above at work place should be
notified and circulated in appropriate
way.
 The Rules/Regulations of Govt. and
public sector bodies relating to conduct
and discipline should include
rules/regulations prohibitions sexual
harassment and provide for Appropriate
Penalties in such rules against the

PREVENTIVE STEPS: EMPLOYERS /
RESPONSIBLE PERSONS
 Appropriate Work Condition should be
provided in respect of works, leisure,
health and hygiene to further that there is
no hostile environment towards women at
work places and no employee women
should have reasonable grounds to believe
that she is disadvantage in connection with
her employment.

CRIMINAL PROCEEDINGS
 Where such conduct amounts to specific
offence under IPC or under any other law,
the employer shall initiate appropriate
action.
 In particular, it should ensure that victims
or witnesses are not victimized or
discriminated against while dealing with
complaint. The victims should have options
to seek transfer of the perpetrator or their
own transfer.

DISCIPLINARY ACTION
 Where such conduct amount to
misconduct in employment as
defined by the relevant service rules,
appropriate disciplinary action
should be initiated by the employer
in accordance with those rules.

COMPLAINT MECHANISM
Created in the employers organization for
Redressal of the complaint made by the victims.
 The Complaint Committee should be headed by
a women and not less than half of its member
should be women.
Such Complaints Committee should involve a
third party, either NGO or other body who is
familiar with the issue of Sexual Harassment.
 The complaints Committee must make an
Annual Report to the Govt deptt and action
taken by them.

WORKERS’ INITIATIVE
Employee should be allowed to raise issues of sexual
harassment at workers’ meeting and in other
appropriate forum and it should be affirmatively in
Employer- Employee Meeting.
AWARENESS
Awareness of the rights of female employees in
this regards should be created in particular by
prominently notifying the guidelines in a suitable
manner.

THIRD PARTY HARASSMENT
Where sexual harassment occurs as a result
of an act or omission by any third party or
outsider, the person in charge will take all
steps necessary and reasonable to assist the
affected person in terms of support and
preventive action.

CONCLUSION
• Generated Awareness
• Gender Justice & Gender Equality
• Paved way for separate laws for SHW
• The Sexual Harassment Act of 2013.

DEVEPOPMENT OF LAWS
RELATED TO PROTECTION OF
WOMEN
NARESH KUMAR,
LO GDE-II/DC

 VISHAKA CASE (1992) sexual harassment in
work place. SC judgement held on 13 Aug’
1997.
 NIRBHAYA EPISODE
 NEW SEC – 354A, 354B, 354C AND 354D INSERTED
VIDE CRIMINAL LAW AMENDMENT BILL, 2013.

SEC. 326A : VOLUNTARILY CAUSING
GRIEVOUS HURT BY USE OF
ACID, ETC.
 shall ten years Imp., may extend to Imp. for life, and
with fine:
 The such fine shall be just and reasonable to meet
the medical expenses of the treatment of the victim
& be paid to the victim.
SEC 326B : VOLUNTARILY THROWING OR
ATTEMPTING TO THROW ACID.
shall not be less than five yrs. Imp. but may extend
to seven yrs., & fine.

SEC. 354A : SEXUAL HARASSMENT &
PUNISHMENT.
A man committing any of the following acts-
(i) physical contact & advances involving
unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours ; or
(iii) showing pornography against the will of a
woman; or
(iv) making sexually coloured remarks, shall be
guilty of the offence of sexual harassment.
 Punish: for (i), (ii) & (iii) 3 yrs. & (iv) one year, or
with fine.
 SEC. 354B : ASSAULT OR USE OF CRIMINAL
FORCE TO WOMAN WITH INTENT TO

SEC. 354C : VOYEURISM.
 Derivation of sexual gratification from seeing
the sex acts, naked bodies or genitalia of other
people.
 Punish, on first conviction one year, but may extend
to three yrs., & fine.
 on a second or subsequent conviction, Imp. shall
not be less than three yrs., but may extend to seven
yrs., & fine.
SEC. 354 D : STALKING.
Punish on first conviction may extend to three yrs.,
& fine; on a second or subsequent conviction,
may extend to five yrs., & fine.

f) SEC 375 IPC : ‘RAPE’.
Rape is a type of sexual assault usually involving
sexual intercourse or other forms of sexual
penetration perpetrated against a women against her
will or with or without her consent.
The act may be carried out by physical force,
coercion, abuse of authority or against a person who is
incapable of giving valid consent or
her consent obtain through putting her or any person in
whom she interested, in fear of death or such as one who
is unconscious, incapacitated, has an intellectual
disability or below the 18 yrs of age.
Punish : Shall not less than 7 yrs., or may
extend to 10 yrs. and fine.

f) SEC 375 IPC : A MAN IS SAID TO COMMIT ‘RAPE’.
if he - (a) penetrates his penis, to any extent, into the vagina,
mouth, urethra or anus of a woman or makes her to do so with
him or any other person;
(b) inserts, to any extent, any object or a part of the body,
not being the penis, into the vagina, the urethra or anus of
a woman or makes her to do so with him or any other person;
or
(c) manipulates any part of the body of a woman so as to
cause penetration into the vagina, urethra, anus or any part of
body of such woman or makes her to do so with him or any
other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman
or makes her to do so with him or any other person,
Punish : Shall not less than 7 yrs., or may
extend to 10 yrs. and fine.

SEC 376A : PUNISHMENT FOR CAUSING
DEATH OR RESULTING IN PERSISTENT
VEGETATIVE STATE OF VICTIM.
Punishment: shall not be less than twenty years,
but may extend to Imp. for life, which shall mean
Imp. for the remainder of that person's natural
life, or with death.
SEC 376B : SEXUAL INTERCOURSE BY
HUSBAND UPON HIS WIFE DURING
SEPARATION.
Punishment: shall not be less than 2 years but
may extend to 7 years, & fine.

SEC 376C : SEXUAL INTERCOURSE BY A
PERSON IN AUTHORITY.
 Punish : Imp. five yrs., but may extend to
ten yrs., & fine.
SEC 376D : GANG RAPE.
 Punish: shall not be less than twenty yrs., but may
extend to life which shall mean Imp. for the remainder of
that person's natural life, and with fine: paid medical
expense, & fine to victim.
SEC. 376(E) : PUNISHMENT FOR REPEAT
OFFENDERS.
 Imp. for life which shall mean imp. for the
remainder of that person's natural life, or with

DUTY OF POLICE OFFICER REGARDING
LODGING OF FIR & INVESTIGATION IN
CASES INVOLVING 2013
AMENDMENTS.

SEC 154(1) CrPC : If the information is given by the
woman against whom an offence u/s 326A, 326B, 354,
354A, 354B, 354C, 354D, 376, 376A, 376B, 376C,
376D, 376E or sec 509 IPC is alleged to have been
committed or attempted, shall be recorded, by a
woman police officer : or
 If above offence committed against, temporarily/
permanently mentally/physically disabled, then such
information shall be recorded by a police officer, at
the residence of the person seeking to report or at a
convenient place of choice, in the presence of an
interpreter or a special educator;
Videography & recording of statement by Judicial
Magistrate as soon as possible.

 SEC. 161(3) CrPC : The statement of a woman
against whom an offence u/s 354, 354A, 354B,
354C, 354D, 376, 376A, 376B, 376C, 376D, 376E or
509 IPC is alleged to have been committed or
attempted shall be recorded, by a woman police
officer.
 SEC 46(4) CRPC: ARRESTE HOW MADE.
Save in exceptional circumstances,
 no woman shall be arrested after sunset and
before sunrise, & where such exceptional
circumstances exist,
 the woman police officer shall, by making a written
report, obtain the prior permission of the JMFC
within whose local jurisdiction the offence is

SEC. 273 CrPC : Where the evidence of a woman below
the age of eighteen yrs who is alleged to have been
subjected to rape or any other sexual offence, is to be
recorded, the court may take appropriate measures to
ensure that such woman is not confronted by the
accused while at the same time ensuring the right of
cross-examination of the accused.
 SEC. 309 (1) CrPC : In every inquiry or trial the
proceedings shall be continued from day-to-day. if
adjournment is necessary, reasons to be recorded:
 Provided that when the inquiry/trial relates to u/s 376,
376A, 376B, 376C or sec 376D IPC, the inquiry/trial
shall, as far as possible be completed within a period of
two months from the date of filing of the charge sheet.

SEC.166A IPC : a public servant : –
(a) knowingly disobeys any direction of the law which
prohibits him from requiring the attendance at any place
of any person for the purpose of investigation into
an offence , or
(b) knowingly disobeys, any other direction of the
law regulating the manner in which he shall conduct
such investigation, or
(c) fails to record any information given to him u/s
154 (1) CrPC, in relation to cognizable offence
punishable u/s 326A, 326B, 354, 354B, 370, 370A, 376,
376A, 376B, 376C, 376D, 376E or sec 509 of IPC, shall
be punished with six months RI & may extend to two
yrs., & fine.

SEC 166B IPC : Non treatment of the victim
by Hospital.
Punish : one year Imp. & fine.
SEC. 197(1) CrPC: PROSECUTION OF JUDGES
& PUBLIC SERVANTS.
Explanation. it is declared that no sanction
shall be required in case of a public
servant accused of any offence alleged to
have been committed u/s166A, 166B,
354, 354A, 354B, 354C, 354D, 370, 375,

OFFENCES AGAINST WOMEN &
PUMISHMENT

a) SEC 294 IPC: - Obscene acts and songs in any
public place cause annoyance.
 Punish: Three months Imp. & fine or both.
b) SEC 354 IPC :- Assault or criminal force
to women with intent
to outrage her modesty.
 Punish: not less one
year Imp. Which may
extend to five yrs & fine.
c) SEC. 361 IPC : Kidnapping from lawful
guardianship.
 Punish: Seven yrs. Imp. & also liable to fine.

d) SEC 362 IPC : ABDUCTION.
Whoever by force or by any deceitful means
induces, any persons to go from any place,
is said to abduct that person. It commit in
respect of any age. It is an auxiliary act not
punishable by itself.
e) SEC 366 IPC : Kidnapping & abduction of
any woman with intent to compel marriage
against her will, forced or seduced to illicit
intercourse etc.
Punish: Ten yrs. Imp. & also liable to fine
f) SEC 493 IPC:- COHABITATION CAUSED BY
A MAN DECEITFULLY INDUCING

g) SEC 497 IPC : ADULTERY.
Sexual intercourse by a man with a woman
who is and whom he knows or has reason to
believe to be the wife of another man.
Such sexual intercourse must be without the
consent or connivance of the husband.
Such sexual intercourse must not amount to
rape.
Punish: Five years Imp. & with fine or both.
h) SEC 498 IPC :- Enticing or taking away or
detaining with criminal intent a married
woman.
Punish: Two yrs. Imp. & fine.

i) SEC. 498 A IPC: - Husband or relative of
husband of a woman subjecting her to
cruelty.
Punish: Three yrs Imp. & shall also liable to fine.
j) SEC. 509 IPC:- Uttering any Word, or
making any sound or gesture, or
exhibiting any object, intended to insult
the modesty of a woman or intruding
upon the privacy of a woman.
Punish: One year Imp. with fine.
k) Sexual harassment in workplace.

LAW RELATED TO
PROTECTION OF WOMEN

i. RIGHT GUARANTEED UNDER
CONSTITUTION OF INDIA.
a)Art. 14 : Right to equality.
b)Art.15 : Prohibition of discrimination on ground of
religion, race, cast, sex or place of birth.
c)Art. 15(3): Nothing in this articles shall prevent the
state from making any special provisions for women &
children.
d)Art. 16 : Equality of opportunity in matters of public
employment.
e)Art. 21 : No person shall deprived of his life or liberty
except according to procedure established by law.
f)Art. 23 : Prohibition of traffic in human beings &
forced labour.
g)Art. 42 :The state shall make provision for securing
just and human condition of work and maternity

ii. MAINTENANCE OF WIVES, CHILDREN &
PARENTS.
 Sec 125 CrPC : If any person having sufficient
means neglect or refuse to maintain, wife,
child, father, mother (unable to maintain)
 CCS(Conduct) Rule 3C/12:- Conduct of Govt servant
in relation to proper maintenance of his family.
iii.THE PROHIBITION OF CHILD MARRIAGE
ACT, 2006
An Act to provide for the prohibition
of solemnization of child marriages
& for matters connected therewith
or incidental thereto.

IV. THE IMMORAL TRAFFIC (PREVENTION)
ACT- 1956
Any person who keeps or
manages, or acts or the assists in keeping
management or of, a brothel shall be punishable;
 On first conviction, RI not less than two yrs. & may
extend to three yrs. & ten thousand rupees fine;
 in second or subsequent conviction, RI shall not be less
than three years & which may extend to seven yrs &
shall two lakh rupees fine.
 CCS(Conduct) Rule 3C:- Maintain a responsible & decent
standard of conduct in private life.

v) DOWRY PROHIBITION ACT, 1961
An Act to prohibit the
giving or taking of dowry.
 CCS(Conduct) Rule 13A:-
Such customary gift subject to
provision of rules relating to gift.
 304B : IPC DOWRY DEATH.
Death of a women occurs otherwise than normal
circumstances within 7 yrs. of her marriage, and it
is shown that before her death she was subjected
to cruelty or harassment by her husband or
relatives it shall be a “dowry death”.
Punish: shall not be less than seven yrs. but may
extend to Imp. for life.

vi. THE INDECENT REPRESENTATION OF
WOMEN (PROHIBITION) ACT, 1986
 "indecent representation of women”
means the depiction any manner in of the figure of
a woman, her
body or any part thereof in such
a way as to have the effect
being of indecent, or derogatory
to, or denigrating, women, or is
likely to deprave, corrupt or injure
the public morality or morals;
vii. THE HINDU SUCCESSION (AMEND) ACT-2005
GIVES EQUAL RIGHTS & LIABILITY TO
DAUGHTERS SAME MANNER AS THE SON.

viii. The Pre-Natal Diagnostic Techniques
(Regulation & Prevention of Misuse) Act, 1994
 to stop female infanticides & sex selective
abortions
Punish : 3 yrs. Imp. &/or Rs.10,000/-fine for the 1st
time, on 2nd
conviction Rs. 50,000 fine & 5
yrs. Imp.
ix) The commission of sati (Prevention)
Act, 1987.

x. NATIONAL COMMISSION FOR
WOMEN ACT, 1990.
The commission trusted with
wide range of functions i.e.,
power to Investigate & examine
all matters relating to safeguard
as provided for woman under
the constitution and others law.
ix. THE PROTECTION OF WOMEN FROM
DOMESTICS VIOLENCE ACT, 2005.
Harms or injures or endangers the health,
safety, life, limb or well-being, whether
mental or physical, of the aggravated
person or tends to do so and includes
causing;
• Physical abuse;
• Sexual abuse;
• Verbal and emotional abuse, &

LAW AT WORK PLACE
 THE FACTORIES ACT,1948
 THE MINIMUM WAGES ACT, 1948
 THE EMPLOYEES STATE INSURANCE ACT,
1948
 THE PLANTATION LABOUR ACT, 1951
 THE MATERNITY BENEFITS ACT, 1961
 EQUAL REMUNERATION ACT, 1971
 DOMESTIC WORKERS WELFARE AND SOCIAL
SECURITY ACT, 2010

THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES
(POCSO) ACT, 2012

SEC. 3 : PENETRATIVE SEXUAL ASSAULT.(PSA)
A person is said to commit if : -
(a) he penetrates his penis, to any extent, into the vagina,
mouth, urethra or anus of a child or makes the
child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the
body, not being the penis, into the vagina, the urethra
or anus of the child or makes the child to do so with him or
any other person; or
(c) he manipulates any part of the body of the child so as to
cause penetration into the vagina, urethra, anus or any
part of body of the child or makes the child to do so with
him or any other person; or
(d) he applies his mouth to the penis, vagina, anus,
urethra of the child or makes the child to do so to such
person or any other person.

SEC 4. PUNISHMENT FOR PENETRATIVE
SEXUAL ASSAULT.
Imp. shall not be less than seven yrs. but which may
extend to Imp. for life, and shall also be liable to fine.
SEC. 5 : AGGRAVATED PENETRATIVE
SEXUAL ASSAULT.
(a) Whoever, being a police officer, commits penetrative
sexual assault (PSA) on a child:-
(i) within the limits of the police station or premises at
which he is appointed; or
(ii) in the premises of any station house, whether or not
situated in the police station, to which he is
appointed ; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer ;

(b) whoever being a member of the Armed Forces or
Security Forces commits penetrative sexual assault
(PSA) on a child :-
(i) within the limits of the area to which the person
is deployed;
(ii) in any areas under the command of the forces or
Armed Forces;
(iii) in the course of his duties otherwise;
(iv) where the said person is known or identified as
a member of the Security or Armed Forces;
(c) whoever being a public servant commits PSA on a
child; or
(d) whoever commits gang PSA on a child.
(e) whoever commits PSA on a child using deadly
weapons, fire, heated substance or corrosive
substance; or

(f) whoever commits PSA causing grievous hurt or
causing bodily harm and injury or injury to
the sexual organs of the child; or
(g) whoever commits PSA on a child, which
(i) physically incapacitates the child or causes the child
to become mentally ill.
(ii) in the case of female child, makes the child pregnant
as a consequence of sexual assault;
(iii) inflicts the child with HIV or any other life threatening
disease or infection which may either temporarily or
permanently impair the child by rendering physically
incapacitated, or mentally ill to perform regular tasks; or
(h) whoever, taking advantage of a child's mental or
physical disability, commits PSA on the child; or
(i) whoever commits PSA on the child more than once
or repeatedly; or
(j) whoever commits PSA on a child below twelve
yrs;

(k) whoever being a relative of the child through blood or
adoption or marriage or guardianship or in foster care
or having a domestic relationship with a parent of the
child or who is living in the same or shared household,
commits PSA on such child; or
(l) whoever commits PSA on a child knowing the child
is pregnant; or
(m) whoever commits PSA on a child & attempts
to murder the child; or
(n) whoever commits PSA on a child in the course
of communal or sectarian violence; or
(o) whoever commits PSA on a child and who has been
previously convicted of having committed any offence
under this Act or any sexual offence punishable
under any other law for the time being in force; or
(p) whoever commits PSA on a child and makes the
child to strip or parade naked in public, is said
to commit aggravated PSA.

SEC. 6 : PUNISHMENT FOR AGGRAVATED
PSA.
Shall be punished with RI not be less than ten yrs
but which may extend to Imp. for life & fine.
SEC. 7: SEXUAL ASSAULT.
Whoever, with sexual intent touches the vagina,
penis, anus or breast of the child or makes the
child touch the vagina, penis, anus or breast of
such person or any other person, or does any
other act with sexual intent which involves
physical contact without penetration is said
to commit sexual assault.
SEC. 8 : PUNISHMENT FOR SEXUAL
ASSAULT.
shall be punished with Imp., not less than
three years, may extend to five years, & fine.

SEC. 9 : AGGRAVATED SEXUAL ASSAULT.
(a) Whoever, being a police officer, commits sexual
assault on a child:-
(b) whoever, being a member of the armed forces
or security forces, commits sexual assault on a
child:-
(i) within the limits of the area to which the person is
deployed; or
(ii) in any areas under the command of the security or
Armed Forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of
the security or armed forces; or
(c) whoever being a public servant commits sexual
assault on a child; is said to commit aggravated SA.
{SAME OFFENCE AS MENTIONED IN SEC. 5 PSA}
SEC. 10 : PUNISHMENT FOR AGGRAVATED
SEXUAL ASSAULT.
Punished with Imp. not be less than five yrs but which

SEC. 11: SEXUAL HARASSMENT. (SH)
A person is said to commit sexual harassment upon a child
when such person with sexual intent,
(i) utters any word or makes any sound, or makes any gesture
or exhibits any object or part of body with the intention
that such word or sound shall be heard, or such gesture or
object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as
it is seen by such person or any other person; or
(iii) shows any object to a child in any form or media for
pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a
child either directly or any other means;
(v) threatens to use, in any form of media, a real or fabricated
depiction through electronic, film or digital or any other
mode, of any part of the body of the child or the
involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives
gratification therefor.
SEC.12 : Punishment Imp. of three yrs & fine.

SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL)
ACT, 2013
- An Act to provide protection against sexual
harassment of women at work place and for
the prevention and redressal of complaints
of sexual harassment and matters
connected therewith or incidental thereto.

DEFINITIONS
 Sec. 2(a) : “aggrieved woman” means:
(i) in relation to a workplace, a woman, of any age
whether employed or not, who alleges to have been
subjected to any act of sexual harassment by the
respondent;
(ii) in relation to a dwelling place or house, a woman
of any age who is employed in such a doweling
place or house;
 Sec, 2(g): “Employer” means Head of the Unit.
 Sec. 2(o) : “Workplace means”
- Any department of Govt;
- Any Private enterprise;
- Hospitals or nursing homes;
- Sports arena;

 Sec. (n) "sexual harassment" includes any one or
more of the following unwelcome acts or behaviour
(whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non- verbal
conduct of sexual nature;
 VERBAL :
 Sexual or gender- based jokes or teasing or
comments.
 Comments about clothing, personal behaviour, or a
person’s body.
 Requesting for sexual favours.
 Pressure for dates.
 Graphic description of pornography.

 NON - VERBAL :
 Staring.
 Sizing up a person’s body
( looking up & down)
 Derogatory gestures of a sexual
nature.
 Sexually suggestive looks.
 Facial expressions of a sexual
nature; winking licking lips.


 PHYSICAL :
 Unwelcoming hugging, kissing.
 Standing too close to or brushing up
against another person, leaning over,
invading a person’s space.
 Patting, stroking, grabbing or pinching.
 Blocking someone’s with the purpose of
making sexual
a advance.
 Stalking.
 Actual or attempted sexual assault, or forced
fondling.
 VISUAL:
 Presence of posters, cartoons, drawings,
calendars, pinups, pictures, computer
programs of a sexual nature.
 Notes or e- mail containing sexual comments.
 Knick-knacks and other objects of a sexual
nature.

PREVENTION OF SEXUAL HARASSMENT.
Sec 3. (I) : No woman shall be subjected to sexual
harassment at any workplace.
(2) The following circumstances if it occurs or is present in
relation to or connected with any act or behaviour of
sexual harassment may amount to sexual harassment:-
(i) implied or explicit promise of preferential treatment in
her employment: or
(ii) implied or explicit threat of detrimental treatment in her
employment; or
(iii) implied or explicit threat about her present or future
employment status: or
(iv) interference with her work or creating an
intimidating or offensive or hostile work
environment for her; or
(v) humiliating treatment likely to affect her health or
safety.

CONSTITUTION OF INTERNAL COMPLAINTS
COMMITTEE {ICC}.
 Sec. 4: Every employer of a work place shall constitute,
an “Internal Complaints Committee”
 The Committee shall consist of the following members :-
(a) PO who shall be a woman employed at a senior level
at workplace from amongst the employees;
(b) not less than two members from amongst
employees preferably committed to the cause of
women or who have had experience in social work
or have legal knowledge;
(c) one member from amongst Non-Governmental
organisations/associations committed to the cause of
women or a person familiar with issues relating to sexual
harassment;
Provided that at least fifty per cent of the members
so nominated shall be women.

SEC. 9: COMPLAINT OF SEXUAL
HARASSMENT
Any aggrieved woman may make, in writing, a
complaint of SH at workplace to the Internal
Committee(IC), within a period of three months from the
date of incident in case series of incidents, within a
period of three months from the date of last incident:
 Provided that where such complaint cannot be made in
writing, the Committee shall render all reasonable
assistance to the woman making the complaint in
writing.
The IC, extend the time limit not exceeding three
months, if it is satisfied that the circumstances were such
which prevented the woman from filing a complaint within
the said period.
(2) Where the aggrieved woman is unable to make

CONCILIATION
 Sec. 10. (I) The Internal Committee may, before
initiating an inquiry & at the request of the aggrieved
woman take steps to settle the matter between her &
the respondent through conciliation.
 Provided that no monetary settlement shall be made
as a basis of conciliation.
(2) Where a settlement has been arrived the Internal
Committee shall forward the same to the employer to take
action as specified in the recommendation. ·
(3) The Internal Committee shall provide the copies of the
settlement as recorded to the aggrieved woman & the
respondent.
(4) Where a settlement is arrived, no further inquiry shall
be conducted.

INQUIRY INTO COMPLAINT
Sec. 11. (I) : The IC shall proceed to make inquiry
into the complaint in accordance with the
provisions of the service rules applicable to the
respondent.
 Provided that where the aggrieved woman
informs the IC that any term or condition of the
settlement (CONCILIATION) has not been
complied with by the respondent, the IC shall
proceed to make an inquiry into the complaint.
 Provided further that the parties shall be given an
opportunity of being heard to them.

ENQUIRY INTO COMPLAINT
SEC. 12(1) : During the pendency of enquiry, on a
written request made by the aggrieved woman, the
Internal Committee may recommend to the employer to-
(a) transfer the aggrieved woman or the respondent to
any other workplace; or
(b) grant leave to the aggrieved woman upto three
months ; or
(c) grant to the aggrieved woman any other relief
which may be prescribed.
(2) The leave granted to her shall be in addition to the
leave she would be otherwise entitled.
(3) On the recommendation of the IC the employer shall
implement the recommendations made & send the
report of such implementation to the IC.

ENQUIRY REPORT
SEC. 13(1): On the completion of an enquiry, the IC
shall provide a report of its findings to the employer within a
period of ten days from completion of the inquiry. The report
shall also be made available to all the concerned parties.
(2) Where the IC arrives at the conclusion that the allegation
against the respondent has not been proved, it shall
recommend to the employer that no action is required to be
taken in the matter.
(3) Where the IC arrives at the conclusion that the
allegation against the respondent has been proved, it shall
recommend to the employer:-
(i) to take action for misconduct in accordance with the
provisions of the service rules.
(ii) to deduct, from the salary of the respondent such sum
as it may consider appropriate to be paid to the aggrieved
woman or to her legal heirs.

Provided that in case the employer is unable to make such
deduction from the salary of the respondent due to his
being absent from duty or cessation of employment it
may direct the respondent to pay such sum to the
aggrieved woman:
Provided further that in case the respondent fails to pay the
sum the IC may forward the order tor recovery of the sum
as an arrear of land revenue to the concerned District
officer.
(4) The employer or the District Officer shall act upon the
recommendation within sixty days of its receipt by him.

DETERMINATION OF COMPENSATION
SEC. 15 : the sums to be paid to the aggrieved
woman, the IC shall have regard to –
(a)the mental trauma, pain, suffering & emotional
distress caused to the aggrieved woman;
(h) the loss in the career opportunity due to the incident
of sexual harassment;
(c)medical expenses incurred by the victim for physical
or psychiatric treatment;
(d)the income & financial status of the respondent;
(e) feasibility of such payment in lump
sum/installments.

PUNISHMENT FOR FALSE OR MALICIOUS COMPLAINT
AND FALSE EVIDENCE
Sec. 14(I) : Where the IC, arrives at a conclusion that the
allegation is malicious; or the complaint knowing it to
be false; or the complainant has produced any forged or
misleading document, it may recommend to the
employer to take action against the woman or the person
who has made the complaint in accordance with the
provisions of the service rules:
Provided that a mere inability to substantiate a complaint or
provide adequate proof need not attract action against the
complainant under this section:
Provided further that the malicious intent on part of the
complainant shall be established after an inquiry in
accordance with the procedure prescribed, before any action is
recommended.
(2) Where during the inquiry any witness has given false
evidence; or produced any forged or misleading document, IC

APPEAL
Sec. 18(I) : Any person aggrieved from the
recommendations or non-implementation of
such recommendations may prefer an
appeal to the court in accordance with the
provisions of the service rules applicable to
the said person.
(2) The appeal shall be preferred within a
period of ninety days of the
recommendations.

DUTIES OF EMPLOYER (SEC. 19)
The employer shall -
(a) provide a safe working environment at the workplace;
(b) display at any conspicuous place in the workplace, the
penal consequences of SH; & order constituting the
committee.
(c) organise workshops & training programmes at regular
intervals for sensitizing the employees;
(d) provide necessary facilities to the IC to deal with the
complaint & conduct enquiry;
(e) ensure the attendance of respondent & wit. before the
IC;
(f) Make available such information to the Committee as it
require having regard to the complaint made.
(g) Provide assistance to the woman if she so chooses to
file complaint in relation to the offence under IPC
or any other law for the time being in force;
(h) Cause to initiate action, under the Penal Code or any
other law against the perpetrator if the aggrieved

PENALTY FOR NON-COMPLIANCE WITH
PROVISIONS OF ACT.
SEC. 26(1). Where the employer fails to constitute
Committee or to take action on inquiry report or on
false complaint, he shall be punishable with fine
which may extend to fifty thousand rupees.
(2) If any employer, after having been previously
convicted of an offence punishable under this Act
subsequently commits and is convicted of the same
offence, he shall be liable to twice the punishment,
which might have been imposed on a first
conviction, subject to the punishment being
maximum provided for the same offence:

PROCEDURE TO BE FOLLOWED BY COMPLAINTS
COMMITTEE FOR CONDUCING ENQUIRY ON
SEXUAL HARASSMENT CASES.
Procedure to be followed by complaints
committee for conducing enquiry on sexual
harassment cases shall follow the procedure
meant for Court Of Inquiry as envisaged in BSF
Rules-170 to 176 against the combatised
personnel.

Woman commits ‘sati’ in MP
•Bhopal, August 6’ 2002
In a shocking incident of “sati”, a 65-year-old woman sat on the
funeral pyre of her husband today and died of burn injuries at a
village in Madhya Pradesh’s Panna district.
•Police sources said here that Mallu Nai died early today at Tamoli
Patna village, 70 km from the district headquarters of Panna, after
prolonged illness.
•Two policemen from Saleha, 8 km from the incident site, rushed to
the place when they came to know that Mallu’s wife Kuttu Bai was
going to commit ‘sati’ and tried to save the woman. But they came
under a stone attack by the villagers, police sources said.
•Kuttu Bai’s two grown-up sons did not try to prevent their mother
from sitting on their father’s funeral pyre, the police said.
•The village was now deserted and further information about the
incident would be known only after they return to it, the police said
adding a group of senior police officials had rushed to Tamoli Patna

SEXUAL HARASSMENT INCLUDES MANY THINGS.
Actual or attempted rape or sexual assault.
Unwanted pressure for sexual favors or for dates.
Unwanted deliberate touching, leaning over, cornering, or
pinching.
Unwanted letters, telephone calls, or materials of a sexual
nature.
Unwanted sexual teasing, jokes, remarks, sexual looks or
questions.
Referring to an adult as a girl, hunk, doll, babe, or honey.
Whistling at someone.
Cat calls. Or Sexual comments.
Turning work discussions to sexual topics.
Sexual innuendos or stories.
Asking about sexual fantasies, preferences, or history.
Personal questions about social or sexual life.

 Sexual comments about a person's clothing, anatomy, or
looks.
 Kissing sounds, howling, and smacking lips.
 Telling lies or spreading rumors about a person's personal
sex life.
 Touching an employee's clothing, hair, or body.
 Giving personal gifts.
 Hanging around a person.
 Hugging, kissing, patting, or stroking.
 Touching or rubbing oneself sexually around another
person.
 Standing close or brushing up against a person.
 Looking a person up and down (elevator eyes).
 Sexually suggestive signals. Or Staring at someone
 Facial expressions, winking, throwing kisses, or licking lips.
 Making sexual gestures with hands or through body

 In pursuance of the Sexual Harassment of
Women at Workplace (Prevention, Prohibition
and Redressal) Act 2013.
Constitution of Internal Complaints
Committee (ICC).
Basic principles of NATURAL JUSTICE AND
FAIR PLAY .
ICC reserves the right to make exceptions for
reasons to be stated in writing.
WORKING RULES FOR INTERNAL
COMPLAINTS COMMITTEE

Any aggrieved woman may make, in writing, a
complaint of sexual harassment at work place
to the ICC.
 Within a period of three months from the date
of incident .
In case of a series of incidents, within three
months from the date of last incident.
 Six copies of a written complaint should be
submitted to the Committee / any of its
members along with list of witnesses and
supporting documents.

Addl docs & list of witnesses can be
submitted to ICC at a later stage during the
proceedings.
If complaint cannot be made in writing, PO
or any other member of ICC render all
reasonable assistance for making the
complaint in writing.
For reasons to be recorded in writing, can
extend the time limit not exceeding three
months, based on circumstances.

Complaint received by any member be
immediately forwarded to the PO & notified to
other members not later than 3 days & a
meeting be called for.
Committee discuss & decide on its jurisdiction
to deal with or reject the complaint prima facie.
Assistance to aggrieved woman, if she chooses,
to file a police complaint in relation to an
offence under Indian Penal Code.
Committee may, before initiating an inquiry, at
request of the aggrieved woman, take steps to
settle the matter through conciliation.

Notice to respondent within 7 working days of
receipt of complaint
 Ten working days be given for submission of
reply (along with the list of witnesses and
documents.)
No monetary settlement shall be made as the
basis of conciliation.
Where a settlement has been arrived at, the
ICC shall record the settlement so arrived
and forward the same to the employer for
necessary compliance.

The Committee shall provide the copies of
the settlement to the aggrieved woman and
the respondent.
 Where a settlement is arrived at, no further
inquiry shall be conducted by the ICC.
 If conciliation not feasible, notice to both
parties for hearing.
The Committee may direct the Registrar to
ensure the safety and protection of the
aggrieved woman if and when required.

As an interim measure, ICC may recommend
a) transfer of the aggrieved or respondent to
another section or Deptt.
b) grant leave to the aggrieved woman up to
three months or :
c) restrain the respondent from exercising
any administrative authority or supervision
or academic evaluation of the aggrieved
woman.
d) grant such other relief to the aggrieved
woman as the case may require.

Committee to make inquiry as per service
rules applicable to the respondent
considering sexual harassment as misconduct.
The PO shall convene the first hearing of the
enquiry.
The respondent, the aggrieved woman, and
the witnesses shall be intimated at least 7
working days in advance.
The subsequent proceedings may be on a day
to day basis, to be decided by ICC.

Committee shall provide reasonable
opportunity to the aggrieved woman and &
respondent for presenting and defending
her/his case.
The Committee may preclude/rule out the
face-to-face examination of respondent
&/or aggrieved / their witnesses keeping in
view the need to protect the aggrieved or
the witnesses from facing any serious health
and/or safety problems.
Committee may call any person as a witness
if it is in the interest of justice.

The aggrieved woman/respondent has to submit
the written reply before the committee within
the specified time given.
Committee shall have the right to summon, as
many times as required, the respondent/
aggrieved / any witnesses for supplementary
testimony / clarifications.
Committee power to summon any official
papers/docs pertaining to aggrieved/respondent.
The past history of the aggrieved woman shall
not be probed into as deemed irrelevant to a
complaint.

Committee right to terminate the enquiry &
give ex party decision if respondent fail, without
valid ground, to be present for three
consecutive hearings.
The aggrieved & respondent, has the right to
examine written transcripts of the recordings
with the exclusion of witnesses’ names and
identities.
PO shall allow access to such docs on a specific
date to be intimated at least two days in
advance to each of the parties concerned.
At no point in time, however, can the concerned
parties take these documents outside the office.

The aggrieved & respondent responsible for
presenting their witnesses before the
Committee.
All proceedings of the ICC shall be recorded in
writing.
Audio recording may be made but written
proceedings will be authenticated on a next
available opportunity.
If aggrieved/respondent desires to tender any
documents by way of evidence, the Committee
can supply true copies of such documents to the
respondent/aggrieved.

If supplementary testimony required, PO shall
forward to concerned person a summary of the
proceedings & allow 7 days to submit such
testimony, in person or in writing.
The right of cross-examination of all witnesses,
in the form of written questions and responses
via the Committee only.
The respondent shall have no right to directly
cross-examine the aggrieved woman or her
witnesses.
The respondent/aggrieved may submit, a
written list of questions that he/she desires to
pose to the aggrieved woman/witness.

The Committee (ICC) shall retain the right to
disallow any questions that it has reason to
believe to be irrelevant, mischievous,
slanderous, derogatory or gender-insensitive.
Amicus Curie can be called for helping the
committee if and when required.
After concluding its investigation, the
Committee shall submit a detailed reasoned
report to the Institute.
If the Committee finds no merit in the
allegations, it shall report to the Institute.

If Committee finds that the allegation(s)
against the respondent have been proved, it
shall recommend the nature of action to be
taken by the Institute.
The following actions may be recommended:
‣ A written apology
‣ Warning
‣ Reprimand or censure

‣ Withholding of promotion
‣ Withholding of pay rise or increments
‣ Undergoing a counseling session
‣ Carrying out of community service
‣ Terminating the respondent from service
‣ Any other punishment according to the service

 Compensation based on the following facts:
‣ The mental trauma, pain, suffering and
emotional distress caused to the aggrieved
woman.
‣ The loss of career opportunity due to the
incident of sexual harassment.
‣ Medical expenses incurred by the victim for
physical or psychiatric treatment
‣ The income and financial status of the
respondent
‣ Feasibility of such payment in lump sum or in
installments

 Institute auth will file a compliance report
to the Committee within 30 days
recommendations.
 ICC has the necessary powers to take suo
motu notice of incidents of sexual
harassment / gender injustice in the
Institute campus and act against the same
in such manner as it deems appropriate.

The identity of the aggrieved, respondent,
witnesses proceedings & its recommendations
Action taken by the Institute shall not be
published, communicated or made known to
the public, press or media in any manner and
it will be outside the purview of the Right to
Information Act, 2005.
No legal practitioner will be allowed to
represent either the aggrieved or the
respondent in proceedings before the
Complaints Committee.

 The Committee has the powers of a civil court
in the following cases
‣ Summoning and enforcing the attendance of
any person related to the incident
‣ Requiring the discovery and production of
any documents
‣ Any other matter relating to the incident as
decided by the Committee from time to time.
The aggrieved woman or respondent may
prefer an appeal to the competent authority.

Complaint Mechanism-
 An appropriate complaint mechanism for
redress of the complaint made by the victims.
 The Complaint Committee should be
headed by a woman and not less than half of
its member should be women.
To prevent the possibility of any undue
pressure or influence from senior levels, such
Complaints Committee should involve a
third party, either NGO or other body who is
familiar with the issue of Sexual Harassment.

 The complaints Committee must make an
annual report to the Govt department
concerned of the complaints and action taken
by them.
Chairperson of the Committee be sufficiently
senior to the person against whom a complaint
has been made.
Where the defendant holds a senior position as
head of the workplace or is the employer or is
the person in charge of the workplace
concerned, Government shall appoint an ad
hoc committee headed by a chairperson who
shall be senior in rank and status to the
defendant.

FHQ level : (14 Jun 2010)
1. Dr(Mrs) Radhika Bahal,CMO(SG) – Chairman
2. Dr (Mrs) Savita Butola, CMO - Member
3. Sh L S Sharma, AO(Pers) - Member
4. One counsellor from NGO ( Recognized by Deptt of
Women & Child Development )
 Committees at all HQ/Estts level incl Bn.
 If no female at senior level as Chairperson or lower
level for member, FTR place that unit/Estt under any
other Committee under their control.
 Tenure of Three years / Member demit office
COMPOSITION OF COMMITTEE IN
BSF

NATIONAL POLICY
FOR
EMPOWERMENT
OF
WOMEN

INTRODUCTIONINTRODUCTION
• The principle of gender equality is
enshrined in the Indian Constitution in
the Preamble, Fundamental Rights,
Fundamental Duties and Directive
Principles.
• The constitution not only grants
equality to women, but also empowers
the State to adopt measures of
positive discrimination in favor of
women.

GENESISGENESIS
• From the 5th
Five Year Plan (1974-
1978) onwards, approach shifted to
women’s issues from Welfare to
Development.
• The National Commission for Women
was set up by an Act of Parliament in
1990 to safeguard the rights and
legal entitlements of Women.

• The 73rd
and 74th
Amendments (1993)
to the Constitution of India have
provided for reservation of seats in
the local bodies of Panchayats and
Municipalities for women, laying a
strong foundation for their
participation in decision making at the
local levels.

• India has also ratified various International
conventions & human rights instruments
committing to secure equal rights of women.
• Convention on Elimination of all forms of
Discrimination Against Women (CEDAW)-
1993 is one of them.
• Gender disparity manifests itself in various
forms, the most obvious being the trend of
continuously declining female ratio in the
population in last few decades.

NatioNal Policy For the
emPowermeNt oF womeN
(2001)

National Policy for
Empowerment of Women
Objectives
Advancement, Development and
Empowerment, Elimination of Discrimination.

Themes and issuesThemes and issues
Judicial legal system, Economic
empowerment, Social empowerment
(Health, Education, Science and
Technology, drinking water and
sanitation, protection from violence)
women and decision making girl child

“emPowermeNt oF
womeN Not JUSt a
Goal iN itSelF, BUt
Key to all GloBal
DeVeloPmeNt
GoalS”

emPowermeNt?
Empowerment is the process which enables
one to gain power, authority and
influence over others, institutions or
society.
Empowerment is probably the totality of
the following:-
• Having decision-making power of one’s
own.
• Having access to information and
resources for taking proper decision.

• Having positive thinking on the ability
to make change
• Ability to learn skills for improving
one’s personal or group power.
In short it is the process that allows one
to gain knowledge, skill and attitude
needed to cope with the changing world
and the circumstances in which one
lives.

Empowerment has to be
–Holistic (Political, Social and
Economic)
–Universal (Equal opportunity and level
playing field)
–Participative and Inclusive

Institutional Empowering Mechanisms
• Parliamentary Committee on
Empowerment of Women
• National Commission for Women

Policy PreScriPtioNS
 Judicial Legal Systems
 Decision Making
 Mainstreaming a Gender Perspective in
the Development Process

ecoNomic emPowermeNt oF
womeN
Poverty Eradication
Micro Credit
Women and Economy
Globalization
Women and Agriculture
Women and Industry
Support Services

Social emPowermeNt oF womeN
Education
Health
Nutrition
Drinking Water and Sanitation
Housing and Shelter
Environment
Science and Technology
Women in Difficult Circumstances
Violence Against Women
Rights of the Girl Child

oPeratioNal StrateGieS
Action Plans
Measurable goals
Identification and commitment of resources
Responsibilities for implementation of action
points
Structures and mechanisms to ensure
efficient monitoring, review and gender
impact assessment of action points and
policies.
Introduction of a gender perspective in the
budgeting process.

actioN areaS
• Women availing services of public
utilities like road transport, power,
water and sanitation, telecommunication
etc.
• Training of women as highly skilled
workers- top end skills
• Research/Technology for women
• Women in the work force
• Asset ownership by women
• Women as Entrepreneurs

NatioNal Policy For womeN 2016NatioNal Policy For womeN 2016
articUlatiNG a ViSioN ForarticUlatiNG a ViSioN For
emPowermeNt oF womeNemPowermeNt oF womeN
GoVerNmeNt oF iNDiaGoVerNmeNt oF iNDia
miNiStry oF womeN & chilDmiNiStry oF womeN & chilD
DeVeloPmeNtDeVeloPmeNt

vki viuh csVh iRuh cgu dks@ @
fdl :i esa ns kuk pkgrs gSa[
d nzkSinh ftlus vius lEeku¼ ½ ]
dks cpkus ds fy, dsoy Hkxoku
d ".k ij Hkjkslk fd;kA`
k jkuh in euh ftlus¼[ ½ ~ ]
vkdze.kdkjh jktk ls vius lEeku
dh lqj kk djus ds fy, tkSgj esa{
dwn dj viuh tku ns nhA
x jkuh y eh ckb Z ftlus¼ ½ { ~~ ]
fons’kh gqqdwer ds f kykQ ;q?n[
iz’u la-1
(Contd….)

Question No 1
Who would you like your daughter/sister/wife to emulate
(a) Queen Draupadi, who relied solely on the divine help
to save her honour.
(b) Queen Padmani, who jumped into Jauhar Pyre to
sacrifice her life in order to escape the evil designs of the
invader king.
(c) Queen Laxmi Bai, who fought gallantly in the battle
field till the very end against the mighty foreign rule.
Answers
(a) 6/4.8% (b) 6/4.8% (c) 112/90.4%

iz’u la-
2
vxj vkidh csVh cgu iRuh@ @
ftlesa jk"V h; Lrj dh skydwnª [
izfrHkk gS rks vki mldks]
fdlls dksfpax djokuk pkgsaxsa
d dsoy efgyk dksp A½
k lcls mRre dksp efgyk ;k[ ½ ]
iq:"kA
x ,d vPNk iq:"k dksp ysfdu½ ]
fdlh efgyk dh fuxjkuh esa A
(Contd….)

Question No 2
Who would you prefer as coach to your
daughter/ sister/wife, who happens to be a
national level sports talent?
(a) Only a female coach.
(b) The best coach, whether male or female.
(c) A good coach, even though male, but only in
the presence of a female observer.
Answers
(a) 0/0%(b) 112/90.3% (c) 12/9.7%

iz’u la-
3
vxj esjh csVh cgu iRuh viuk@ @
cpko oSls ugha dj ikrh tSls fd
eSa rks bldk ftEesnkj dkSu]
gS
d Hkxoku us mls detksj cuk;k½
gSA
k ifjokj us mldk ikyu iks"k.k[ ½
gh ,sls fd;k gSA
x lekt us mls iw.kZ rkSj ij½
fodflr gksus dk ekSdk ugh
fn;kA (Contd….)

Question No 3
If my daughter/ sister/wife is not able to defend
herself in the same manner as I do, the main
reason is-
(a) God/nature created her that way.
(b) Society denied her the desired
opportunity to growth.
(c) Family brought her up as a weakling.
Answers
(a) 8/6.5% (b) 64/51.6% (c) 52/41.9%

Question No 4
The women related laws are being widely
misused.
Answers
(a) 67/50.03% (b)48/38.7% (c) 9/7.3%
D;k efgykvksa ds fy, fu kkZfjr/
dkuwuksa dk nq:Ik;ksx gks jgk
gS

Question No 5
A woman is slaved as much for her labour as for
her sex.
Answers
(a) 13/10.5% (b) 106/85.4% (c) 5/4.03%
D;k ,d ukjh dks 'kjhfjd Je
rFkk ;kSu r fIr iwfrZ nksuksa` @
ds fy, xqyke nklh ds :Ik esa@
ns kk tkrk gS[

Question No 6
Is the media spreading rotten values in respect of
women?
Answers
(a) 23/18.5% (b) 95/76.6% (c) 6/4.8%
D;k orZeku esa ehfM;k ukjh ds
izfr xyr kkj.kkvksa vuSfrd/ @
ewY;ksa dks QSyk jgk gS

Question No 7
The sex-ratio will automatically normalise with
the eradication of female foeticide.
Answers
(a) 70/56.5% (b)49/39.5% (c) 5/.04%
D;k dU;k Hkzw.k gR;k ds
mUEkwYku ds lkFk Lor gh%
fyax vuqikr leku gks tk;sxk

Question No 8
It is said that a female is the worst enemy of a
female. Do you agree?
Answers
(a) 41/33.06% (b) 73/58.9% (c) 10/8.06%
vDlj dgk tkrk gS fd vkSjr gh
vkSjr dh lcls CkM h nq’eu gSA+
D;k vki lger gS

tfLVl v;;j us jQhd ds dsl esa ;g
c;ku fn;k gS fd ‘tc fdlh efgyk ds
lkFk cykRdkj gksrk gS rks u
flQZ mldks 'kkjhfjd izrkM uk+
syuh iM rh gS> + ] cfYd
fpjLFkk;h 'kfeZnaxh Hkh
rkmez syuh iM rh gS> + A”
D;k vki bl c;ku ls lger gS
iz’u la-9
(Contd….)

Question No 9
Justice Krishna Iyer observed in Rafique’s case,
“When a woman is ravished, what is inflicted is
not mere physical injury but the deep sense of
some deathless shame”. Do you agree?
Answers
(a)86/69.3% (b) 23/18.5% (c ) 15/12.09%

Concluding Observations
Positive Aspects
 Legislative reforms
 The Criminal Law Amendment Act 2013
 The Prohibition of employment of Manual
Scavengers and their Rehabilitation Act
2013
 The National Food Security Act 2013
 The Sexual Harassment of Women in the
Workplace (Prevention, Prohibition and
Redress Act 2013)
The Protection of Children from Sexual
Offences Act 2012
The Right of Children to Free and

Concluding Observations
Other Initiatives to improve Institutional and
Policy framework.
Bank for Women – Bharatiya Mahila Bank
Ltd 2013
 Creation of National Mission for Empowerment
of Women in 2010.
 Indira Gandhi Matritva Sahyog Yojana 2010
 Ratified The Convention on the Rights of
Persons with Disabilities in 2007

CONCLUDING OBSERVATIONS
Other Initiatives to Improve Institutional and
Policy framework.
 The Convention against Transnational
Organised Crime: (The Protocol to
Prevent, Suppress, and Punish Trafficking
in Persons, Especially Women and
Children: and the Protocol against the
Smuggling of Migrants by Land, Sea and
Air in 2011.

Principle Areas of Concern
 Article 15 guarantees equal protection
under the law and prohibits
discrimination on basis of gender. But no
Law in place. Anti discrimination law
addressing aspects of direct and indirect
discrimination
 Violence against women. Justice Verma
Report. Marital Rape, acid attacks,
gang- rapes.

 Efficiency of police and their
accountability incl gender sensitive
investigation, treatment of victims and
witness, establishment single window or
one-stop crises centres to provide victims
free and imdt access to medical attention,
psy counseling, legal aid, shelters and
other support services.

Systematic trg at law enforcement
agencies, medical staff and judicial
officials.
 Monitoring and evaluate the
implementation of above

 Efforts to improve girl child sex ratio
 Sufficient budget, special courts
 Violence against women in border areas
and conflict zones (Rape, sexual
harassment, enforced disappearance,
killings, acts of torture and ill treatment.
(AFSP Act)

Temp special measures. To accelerate the
achievement of substantive equality where
women are disadvantaged most such as edn,
judiciary, legislative (May be quota system)
and religious bodies.

 Stereotypes and harmful practices.
Patriarchal attitude and deep rooted
stereotypes entrenched in social,
cultural, economic, political institutions
and media.
 Trafficking
 Political and public life
 Edn,employment, health……………
(List is long)

TO CONCLUDE
“It is more important to create a general
awareness’ and understanding of the problems of
women’s employment in all the top policy and
decision making and executive personnel. There
is also the special problem facing women like the
preference for male children for social and
cultural reasons. This will require awareness,
understanding and action. The best way to do so
is to educate the children, orient the teachers,
examine the text books and teaching-aids and
ensure that the next generation grows up with
new thinking.” (Presence n Essense)

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