Women law (gender sensitivity)

DEVEPOPMENT OF LAWS RELATED
TO PROTECTION OF WOMEN

 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 DISROBE.
 Punish, shall not be less than three yrs. but may
extend to seven yrs., & fine.

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 death.

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 committed or the arrest is to be made.

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,
376, 376A, 376C, 376D or sec 509 IPC.

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
A BELIEF OF LAWFUL MARRIAGE
 Punish: Seven yrs. Imp & fine.

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 relief.
h) Art. 51A(e) :- to renounce practices derogatory to the
dignity of women.

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;
a) Physical abuse;
b) Sexual abuse;
c) Verbal and emotional abuse, &
d) Economic 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
may extend to seven yrs, and fine.

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;
- A dwelling place or a house;

 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.
 Obscene phone calls.
 Spreading rumors about a person’s personal or sex life.
 Turning work discussions to sexual topics (using “puns”)

 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.
(tenure three years)

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
complaint on account of her physical or mental
incapacity or death or otherwise, her legal heir or
such other person as may be prescribed may make
a complaint under this section.

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 may recommend to the employer to take action in
accordance with the provisions of the service rules.

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 woman so
desires.
(i) treat sexual harassment as a misconduct under the service
rules and initiate action for such misconduct;
(j) monitor the timely submission of report by the IC.

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
movements.

Women law (gender sensitivity)

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