WORKSHOP ON LEGAL SAFEGUARDS FOR WOMEN

BIDHANNAGAR CITY POLICE

Constitutional Safeguards

Article 14Confers on men and women equal rights and opportunities in political, economic and social

sphere.

Article 15Prohibits, discrimination against any citizen on

grounds of religion, race, caste, sex etc.

Article 16Provides for equality of opportunities matters

relating to employment or appointment to any office under the state.

Article 39(a)(d) Mentions policy security of state equality for both

men and women the right to a means of livelihood and equal pay for equal work for both men and women.

Article 42Direct the State to make provision for ensuring just

and humane conditions of work and maternity relief.

Statutes

Factories Act 1948:

A woman cannot be forced to work beyond 8 hours and prohibits employment of women except between 6 A.M. and 7 P.M.

Maternity Benefit Act 1961:

A Woman is entitled 12 weeks maternity leave with full wages.

The Dowry Prohibition Act, 1961:

Demand of dowry either before marriage, during marriage and or after the marriage is an offence.

The Equal Remuneration Act of 1976:

Equal wages for equal work: It provides for the payment of equal wages to both men and women workers for the same work or work of similar nature. It also prohibits discrimination against women in the matter of recruitment.

The Child Marriage Restrain Act of 1976: This act raises the age for marriage of a girl to 18 years from

15 years and that of a boy to 21 years.

The Medical Termination of Pregnancy Act of 1971:

The Act safeguards women from unnecessary and compulsory abortions.

The National Commission for Women Act, 1990: The Commission was set up in January, 1992 to review the Constitutional and legal safeguards for women.

Protection of Women from Domestic Violence Act, 2005:

This Act protects women from any act/conduct/omission/commission that harms, injures or

potential to harm is to be considered as domestic violence. It protects the women from physical, sexual, emotional, verbal, psychological, economic abuse.

Protection of Women against Sexual Harassment at Workplace Bill, 2010:

Aims at protecting the women at workplace not only to women employee but also to female clients, customer, students, research scholars in colleges and universities patients in hospitals.

Indian Penal Code

Sec 228 A – Disclosure of Identity of the victim of certain offences

Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed shall be punished with imprisonment and also with fine.

Sec 304 B

Dowry Death

Sec 312

Causing Miscarriage

Sec 313

Causing miscarriage without woman’s consent

Sec 314

Death caused by an act done with intent to cause miscarriage

Sec 315

Act done with intent to prevent child being born alive or to cause it to die after birth

Sec 316

Causing death of quick unborn child by act amounting to culpable homicide.

Section 354 - Assault or criminal force to woman with intent to outrage her modesty.

Section 354A - Sexual harassment :

physical contact and advances involving unwelcome and explicit sexual overtures;

a demand or request for sexual favors;

showing pornography against the will of a woman;

making sexually colored remarks

Section 354B - Assault or use of criminal force to woman with intent to disrobe.

Section 354C - Voyeurism is an offence that

indicates any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person.

Section 354D - Stalking is an offence where any man who--

follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

monitors the use by a woman of the internet, email or any other form of electronic communication, commits the crime.

Sec 366

Kidnapping, Abducting or Inducing woman to compel her marriage.

Sec 366 A - Procuration of minor girl Whoever, by any means whatso ever,

induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment and shall also be liable to fine.

Sec 366 B Importation of girl from foreign country

for the purpose of procuration

Sec 367 Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

Sec 372Selling minor for purposes of prostitution

Sec 373Buying minor for purposes of prostitution

Rape 376…………….

Section 509 - Word, gesture or act intended to insult the modesty of a woman.

REDRSSAL MECHANISM

Within Work Place

Internal Complaints Committee(ICC)

Outside Workplace

Dial 100/ Local Police

(Instant Mechanism)

Written Complaint to Police

How to write a complaintTo The officer in chargeBidhannagar _____________PS

Sub:…………………………………………………………………….Sir,-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Sincerely,

xxxxxxxxxxx

Mobile no

1.W-WHAT INFORMATION HAS COME TO CONVEY.2.W-IN WHAT CAPACITY.3.W-WHO COMMITTED CRIME.4.WHOM AGAINST CRIME COMMITTED.5.W-WHEN(Time)6.W-WHERE (Place)7.W-WHY(Motive)8.W-WHICH WAY(Actual occurrence)9.W-WITNESSES.10.W-WHAT WAS TAKEN AWAY .11.W-WHAT TRACE WERE LEFT BY THE ACCUSED.

WHAT ARE THE ESSENTIALS OF AN F.I.R?

Thank You