This Lecture focuses on the place of women,
Need for special legislation for women and children, and the existing legislation such as The Criminal Law (Amendment) Act, 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
Protection of Women from Domestic Violence Act, 2005
Indecent Representation of Women (Prohibition) Act, 1986
Immoral Traffic (Prevention) Act, 1956
Dowry Prohibition Act, 1961
Medical Termination of Pregnancy Act, 197
Pre-Natal Diagnostic Techniques ( Prohibition of Sex –section) Act, 1994
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
Hindu Succession Act, 1956 (as amended 2005)
Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
Maternity Benefit Act, 1961 (Amended in 1995)
The Contract Labour (Regulation and Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Factories Act, 1948 as amended in 1986
Commission of Sati (Prevention) Act, 1987
2. Statutory Protection Related to
Women and Children
BY
Dr. H. ABDUL AZEEZ
B.Sc. (Hons.), LL.M. (Ker), LL.M. (C.E.U.), Ph.D.
Head of Dept. (Law), Kerala Police Academy, Thrissur.
Mob: +91 9495445646 Email: azeezhma@gmail.com
3. ►INTRODUCTION
The place of women
Need for special legislation for
women and children
Objective of this class
5. ►Statutory Protection related to women
► The Criminal Law (Amendment) Act, 2013
► Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act 2013
► Protection of Women from Domestic Violence Act, 2005
► Indecent Representation of Women (Prohibition) Act,
1986
► Immoral Traffic (Prevention) Act, 1956
► Dowry Prohibition Act, 1961
► Medical Termination of Pregnancy Act, 197
► Pre-Natal Diagnostic Techniques ( Prohibition of Sex –
section) Act, 1994
6. ►The Special Marriage Act, 1954
►The Hindu Marriage Act, 1955
►Hindu Succession Act, 1956 (as amended 2005)
►Employees State Insurance Act, 1948
►The Plantation Labour Act, 1951
►The Family Courts Act, 1954
►Maternity Benefit Act, 1961 (Amended in 1995)
►The Contract Labour (Regulation and Abolition) Act,
1976
►The Equal Remuneration Act, 1976
►The Factories Act, 1948 as amended in 1986
►Commission of Sati (Prevention) Act, 1987
7. ►The Criminal Law (Amendment) Act, 2013
►Criminalizes stalking, acid attacks,
voyeurism and sexual harassment.
►The law defines human trafficking and
penalises different stages of women
traffickers
8. ►The Criminal Law (Amendment) Act, 2013
►Section 166A: whoever being a public
servant:-
(c) fails to record any information given to
him under sub section (1) of section 154 of
the Cr PC in relation to cognizable offence
punishable under section 326 A, 326B, 354,
370,370 A, 376,376 A, 376B, 376 C, 376 D,
376 E or 509
Shall be punished with RI for a term which
shall not be less than six months but which
may extent to two years and also liable to
fine.
9. ►The Criminal Law (Amendment) Act, 2013
►No sanction shall be required in case of a
public servant accused of any offence
alleged to have been committed under
Section 166A, 166B, 354, 354A, 354 B,
354 C, 354 D, 370, 375 376, 376 A, 376C,
376D or Section 509 of the Indian Penal
Code. ( Section 197 Cr.PC)
10. ►The Criminal Law (Amendment) Act, 2013
► The trial proceedings shall be continued from
day-to-day until all the witnesses in
attendance have been examined
►Trial in rape cases shall be completed within
a period of two months from the date of filing
of the charge sheet.
11. ► The Criminal Law (Amendment) Act, 2013
► It is obligatory even for private hospitals to
immediately provide medical treatment free
of cost to the victim of any offence covered
under rape or acid attack
► sexual harassment: A man commit sexual
harassment by:
i) Physical contact
ii) Demand or request for sexual favour
iii) Showing pornography against the will
iv) Making sexually coloured remarks
► For (i) to (iii) above 3 years imprisonment or fine
and for (iv) one year and fine
12. The Criminal Law (Amendment) Act, 2013
Offence of Voyeurism as defined in Sec. 354C IPC,
► The offence of Voyeurism will punish a man who
watches or records a woman while she is in any
private act where her private body parts may be
exposed. This offence seeks to uphold the dignity
of women and makes the violation of their
fundamental right to privacy a crime.
► First offence one year and fine; second and
subsequent offence 3 years to 7 years and fine
.
13. ►The Criminal Law (Amendment) Act, 2013
► Offence of Stalking:
► Any man who follows and contacts or attempts to
contact a woman to foster personal interaction
repeatedly despite a clear indication of disinterest by
such woman; or
► Monitors the use of by a woman of the internet, email
or any other form of electronic communication,
Commit the offence of stalking
Exception:
such conduct shall not amount to stalking if it was for
the purpose of detection or preventing a crime.
.
14. ► The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
An Act to provide protection against sexual harassment of women at
workplace and for the prevention and redressal of complaints of sexual
harassment and for matters connected therewith or incidental thereto.
References:
Article 14, 15, 19 and 21 of the Constitution of India;
Convention on the Elimination of all Forms of Discrimination against
Women
.
15. ► The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
Background and provisions
The Act uses a definition of sexual harassment which was
laid down by the Supreme Court in Vishaka v. State
of Rajasthan (1997).
Vishaka v. State of Rajasthan: In this case the Supreme Court
laid down guidelines prevention of sexual harassment at
workplace.
After the judgment in Banwari Devi’s case, an association
named “Visakha” approached Supreme Court for appropriate
direction protecting women in workplace
The result is the Supreme Court judgement, which came on
13th August 1997, and gave the Vishaka guidelines.
16. Guidelines:
1. Duty of the Employer to prevent sexual harassment at workplace:
2.Definition :
For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as:
a) Physical contact and advances;
b) a demand or request for sexual favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
3. Preventive Steps by employers
4. Criminal Proceedings :
5. Disciplinary Action :
6. Internal Complaint Mechanism :
7. External Complaint Mechanism :
8. Workers’ Initiative :
9. Awareness :
10. Third Party Harassment :
17. Definition of sexual harassment under the Act:
Includes any one or more of the following unwelcome acts or behaviour (
whether directly or by implication) viz
• physical contact or advances
• A demand or request for sexual favours
• Making sexually coloured remarks
• Showing pornography
• Any unwelcome physical, verbal or non-verbal conduct of sexual nature.
Sexual harassment at workplace:
The following circumstances, among other 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:
• Implied or explicit promise of preferential treatment in her employment
• Implied or explicit threat or detrimental treatment in her employment
• Implied or explicit threat about her present or future employment status
• Interference with her work or creating an intimidating or offensive or
hostile work environment for her
• Humiliating treatment likely to affect her health or safety.
18. ► The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
Major Features
The Act defines sexual harassment at the work place and creates a
mechanism for redressal of complaints. It also provides safeguards
against false or malicious charges.
The definition of “aggrieved woman”, who will get protection under
the Act is extremely wide to cover all women, irrespective of her
age or employment status, whether in the organised or
unorganised sectors, public or private and covers clients,
customers and domestic workers as well.
A provision for constituting a Committee. The Committee is required
to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will be sent to the employer or
the District Officer, as the case may be, they are mandated to take
action on the report within 60 days.
19. Every employer is required to constitute an Internal Complaints Committee
at each office or branch with 10 or more employees. The District Officer is
required to constitute a Local Complaints Committee at each district, and
if required at the block level.
The Complaints Committees have the powers of civil courts for gathering
evidence.
The Complaints Committees are required to provide for conciliation before
initiating an inquiry, if requested by the complainant.
Penalties have been prescribed for employers. Non-compliance with the
provisions of the Act shall be punishable with a fine of up to 50,000.
Repeated violations may lead to higher penalties and cancellation of
licence or registration to conduct business.
.
20. Domestic violence Act 2005
► “Aggrieved person" means any woman who is, or has been,
in a domestic relationship with the respondent and who
alleges to have been subjected to any act of domestic
violence by the respondent;
► “Domestic incident report" means a report made in the prescribed
form on receipt of a complaint of domestic violence from an
aggrieved person;
► “Domestic relationship" means a relationship between two persons
who live or have, at any point of time, lived together in a shared
household, when they are related by consanguinity, marriage, or
through a relationship in the nature of marriage, adoption or are
family members living together as a joint family.
► “Protection order” means an order passed by the Magistrate
21. Definition of domestic violence.- Any act, omission or commission or
conduct of the respondent shall constitute domestic violence in case
it -
(a) harms or injures or endangers the health, safety, life, limb or
well-being, whether mental or physical, of the aggrieved person
or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person
with a view to coerce her or any other person related to her to
meet any unlawful demand for any dowry or other property or
valuable security; or
(c) has the effect of threatening the aggrieved person or any person
related to her by any conduct mentioned in clause (a) or clause
(b); or
(d) otherwise injures or causes harm, whether physical or mental, to
the aggrieved person.
22. Explanation I.-For the purposes of this section,-
(i) "physical abuse" means any act or conduct which is of such a
nature as to cause bodily pain, harm, or danger to life, limb, or
health or impair the health or development of the aggrieved person
and includes assault, criminal intimidation and criminal force;
(ii) "sexual abuse" includes any conduct of a sexual nature that
abuses, humiliates, degrades or otherwise violates the dignity of
woman;
(iii) "verbal and emotional abuse" includes-
(a) insults, ridicule, humiliation, name calling and insults or ridicule
specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom
the aggrieved person is interested.
23. (iv) "economic abuse" includes-
(a) deprivation of all or any economic or financial resources to
which the aggrieved person is entitled under any law or
custom whether payable under an order of a court or
otherwise or which the aggrieved person requires out of
necessity including, but not limited to, household necessities
for the aggrieved person and her children, if any, stridhan,
property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared household and
maintenance;
(b) disposal of household effects, any alienation of assets
whether movable or immovable, valuables, shares, securities,
bonds and the like or other property in which the aggrieved
person has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required
by the aggrieved person or her children or her stridhan or any
other property jointly or separately held by the aggrieved
person; and
24. Section 5. Duties of police officers, service providers and Magistrate.-
A police officer, Protection Officer, service provider or Magistrate
who has received a complaint of domestic violence or is otherwise
present at the place of an incident of domestic violence or when the
incident of domestic violence is reported to him, shall inform the
aggrieved person-
(a) of her right to make an application for obtaining a relief by way of a
protection order, an order for monetary relief, a custody order, a
residence order, a compensation order or more than one such
order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services
Authorities Act, 1987;
(e) of her right to file a complaint under section 498A of the Indian
Penal Code,
wherever relevant:
25. ►Domestic Violence Act 2005
However a police officer can proceed in accordance
with law upon receipt of information as to the
commission of a cognizable offence.
Section 9 provides the duties and functions of Protection
Officers, inter alia, to make a domestic incident report to
the Magistrate, in such form and in such manner as may
be prescribed, upon receipt of a complaint of domestic
violence and forward copies thereof to the police officer
in charge of the police station within the local limits of
whose jurisdiction domestic violence is alleged to have
been committed and to the service providers in that
area
26. Penalty for breach of protection order by respondent.-
(1) A breach of protection order, or of an interim protection
order, by the respondent shall be an offence under this
Act and shall be punishable with imprisonment of either
description for a term which may extend to one year, or
with fine which may extend to twenty thousand rupees,
or with both.
(2) The offence under sub-section (1) shall as far as
practicable be tried by the Magistrate who had passed
the order, the breach of which has been alleged to have
been caused by the accused.
27. (3) While framing charges under sub-section (1), the
Magistrate may also frame charges under section 498A
of the IPC or any other provision of that Code or the
Dowry Prohibition Act, 1961, as the case may be, if the
facts disclose the commission of an offence under those
provisions.
28. ►Domestic Violence Act 2005
32. Cognizance and proof
(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, the offence under sub-section (1)
of section 31 shall be cognizable and non-bailable.
(2) Upon the sole testimony of the aggrieved person, the
court may conclude that an offence under sub-section (1) of
section 31 has been committed by the accused.
29. ► INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT
1986
Objective: An Act to prohibit indecent representation of
women through advertisements or in publications,
writings, paintings, figures or in any other manner and for
matters connected therewith or incidental thereto.
"indecent representation of women" means the depiction
in any manner of the figure of a woman; her form or body
or any part thereof in such way as to have the effect of
being indecent, or derogatory to, or denigrating women,
or is likely to deprave, corrupt or injure the public morality
or morals.
30. No person shall publish, or cause to be published, or arrange or take part
in the publication or exhibition of, any advertisement which contains
indecent representation of women in any form. (Sec.3)
No person shall produce or cause to be produced, sell , let to hire,
distribute, circulate or send by post any book, pamphlet, paper, slide, film,
writing, drawing, painting, photograph , representation or figure which
contains indecent representation of women in any form: ( Sec.4)
Provided that noting in this section shall apply to-
(a) any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure –
(i) the publication of which is proved to be justified as justified as being for
the public good
(ii) which is kept or used bona fide for religious purpose;
(iii) any ancient monument within the meaning of the Ancient Monument
31. (iv) any temple, or on any car used or the conveyance of idols, or kept or used for
any religious purpose;
(v) any film in respect of which the provisions of Part II of the Cinematograph Act,
1952 (37 of 1952), will be applicable.
32. Powers to enter and search.- Gazetted Officer authorized by the State Government
may, within the local limits of the area for which he is so authorized:-
enter and search at all reasonable times, with such assistance, if any , as he
considers necessary, any place in which he has reason to believe that an offence
under this Act has been or is being committed;
seize any advertisement or any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure which he has reason to believe
contravenes any of the provisions of this Act;
examine any record, register, document or any other material object found in any
place mentioned in Cl.(a) and seize the same if he has reason to believe that it
may furnish evidence of the commission of an offence punishable under this Act.
Provided that no entry under this sub-section shall be made into a private dwelling-
house without a warrant: (Sec.5)
33. ► INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT
1986
Penalty.- Any person who contravenes the provisions of Sec 3 or Sec 4 shall be
punishable on first conviction with imprisonment of either description for a term
which may extend to two years, and with fine which may extend to two thousand
rupees,
and in the event of a second or subsequent conviction with imprisonment for term of
not less than six months but which may extend to five years and also with a fine
not less than ten thousand rupees but which may extend to one lakh rupees.
(Sec.6)
Offences to be cognizable and bailable.-(1) Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2of 1974) , an offence punishable under
this Act shall be bailable. (Sec.8)
34. ► INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT
1986
Sections 292, 293 and 294 of the Indian Penal Code (IPC) govern the general law of
obscenity in India.
35. ► MEDICAL TERMINATION OF PREGNANCY ACT 1971
► Act to provide for the termination of certain pregnancies by registered
medical practitioners and for matters connected or incidental thereto
► A doctor is not liable if terminate pregnancy in accordance with this Act.
Pregnancies may be terminated by registered medical practitioners.-
(a) where the length of the pregnancy does not exceed twelve weeks if such
medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve weeks but does not
exceed twenty weeks, if not less than two registered medical practitioners
are of opinion, that,-
(i) if the pregnancy involve a risk to the life of the woman or of grave
injury physical or mental health ; or
(ii) there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormalities as to be seriously
handicapped.
Expl: Where any, pregnancy is alleged by the pregnant woman to have been
caused by rape, the anguish caused by such pregnancy shall be presumed
to constitute a grave injury to the mental health of the pregnant woman.
36. Explanation 2.-Where any pregnancy occurs as a result of failure of
any device or method used by any married woman or her husband
for the purpose of limiting the number of children, the anguish
caused by such unwanted pregnancy may be presumed to
constitute a grave injury to the mental health of the pregnant
woman.
However, in order to save the life of the pregnant woman, any length
of pregnancy will can be terminated by a registered medical
practitioner.
No pregnancy of a woman, who has not attained the age of eighteen
years, or, who, having attained the age of eighteen years, is a
lunatic, shall be terminated except with the consent in writing of her
guardian.
Act prohibit the disclosure, except to such persons and for such
purposes as may be specified in such regulations, of intimations
given or information furnished In pursuance of such regulations.
37. ►IMMORAL TRAFFICK (PREVENTION )ACT 1956
“brothel“ includes any house, room, conveyance or place, or
any portion of any house, room, conveyance or place, which
is used for purposes of sexual exploitation or abuse for the
gain of another person or for the mutual gain of two or more
prostitutes;
“prostitution“ means the sexual exploitation or abuse of
persons for commercial purposes or for consideration in
money or in any other kind, and the expression
“prostitute” shall be construed accordingly.
“public place“ means any place intended for use by, or
accessible to, the public and includes any public
conveyance.
38. “special police officer” means a police officer appointed
by or on behalf of the State Government to be in charge
of police duties within a specified area for the purpose of
this Act;
39. Punishment for keeping a brothel or allowing
premises to be used as a brothel
(1) Any person who keeps or manages, or acts or assists in the keeping or
management of, a brothel shall be punishable on first conviction with rigorous
imprisonment for a term of not less than two years and which may extend to three
years and also with fine which may extend to ten thousand rupees and in the
event of a second or subsequent conviction, with rigorous imprisonment for a
term which shall not be less than three years and which may extend to seven
years and shall also be liable to fine which may extend to two lakh rupees
(2) a any person who,—
(a) being the tenant, lessee, occupier or person in charge of any premises, uses, or
knowingly allows any other person to use, such premises or any part thereof as a
brothel, or
(b) being the owner, lessor or landlord of any premises or the agent of such owner,
lessor or landlord, lets the same or any part thereof with the knowledge that the
same or any part thereof is intended to be used as a brothel, or is wilfully a party
to the use of such premises or any part thereof as a brothel, shall be punishable
40. ►IMMORAL TRAFFICK (PREVENTION )ACT 1956
Punishment for keeping a brothel or allowing
premises to be used as a brothel
on first conviction with imprisonment for a term which may
extend to two years and with fine which fine which may
extend to two thousand rupees;
in the event of a second or subsequent conviction, with
rigorous imprisonment for a term which may extend to
five years and also with fine.
41. ►Statutory protection related to
children
►The Protection of Children from Sexual
Offences Act 2012
►The Juvenile Justice (Care and Protection of
Children) Act 2000 with Amendment in 2006
►The Prohibition of Child Marriage Act, 2006
►The Child Labour (Prohibition and Regulation)
Act, 1986
►Factories Act 1948 as amended in 1987
42. ►On an average, over 40, 000 children in
India are reported missing every year, of
which approximately 11,000 remain
untraced. In majority cases these
missing children are sexually exploited
.
►Around 1.2 million of female children
are sexually exploited annually which
figure is 40 per cent of the total women
coming into the sex trade annually in
India.
43. ►The Protection of Children from Sexual Offences Act
2012
►To protect children from offences of sexual assault, sexual
harassment and pornography and provide for establishment of
Special Courts for trial of such offences and for matters
connected therewith or incidental thereto.
►Child is a person below the age of 18 years
►If someone fails/hides the information of the commission
/apprehension of the offence shall be punishable with
imprisonment for a term which may extend to one year with fine.
►An offence is treated as “aggravated” when committed by a
person in a position of trust or authority of child such as a
member of security forces, police officer, public servant, etc.
44. Offences and Punishments covered in the Act are:
i) Penetrative Sexual Assault (Section 3) – A person is said to commit
"penetrative sexual assault" if—
he penetrates his penis or any object or part of his body, 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
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
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.
ii) Aggravated Penetrative Sexual Assault (Section 5) – Penetrative
sexual assault committed by the Police officers or military personnel or
public servants taking advantage of their position
iii) Sexual Assault (Section 7) – 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
iv) Aggravated Sexual Assault (Section 9)
.
45. v) Sexual Harassment of the Child (Section 11) – 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 through electronic, digital or any other means; or
(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.
vi) Use of Child for Pornographic Purposes (Section 13)
46. ►Punishments for Offences covered in the Act are:
i) Penetrative Sexual Assault (Section 3) – Not less than seven
years which may extend to imprisonment for life, and fine (Section 4)
ii) Aggravated Penetrative Sexual Assault (Section 5) – Not less
than ten years which may extend to imprisonment for life, and fine
(Section 6)
iii) Sexual Assault (Section 7) – Not less than three years which may
extend to five years, and fine (Section 8)
iv) Aggravated Sexual Assault (Section 9) – Not less than five years
which may extend to seven years, and fine (Section 10)
v) Sexual Harassment of the Child (Section 11) – Three years and
fine (Section 12)
vi) Use of Child for Pornographic Purposes (Section 13) – Five
years and fine and in the event of subsequent conviction, seven years
and fine (Section 14 (1))
47. ►The Act provides for the establishment of Special
Courts for trial of offences under the Act
►The Act provides child friendly procedures for
reporting, recording of evidence, investigation and
trial. These include:
• Recording of statement at the residence of the child or at the
place of his choice, preferably by a woman police officer not
below the rank of sub-inspector.
• Evidence has to be recorded within 30 days.
• No child to be detained in the police station in the night for any
reason.
• Police officer not to be in uniform while recording the
statement of the child
• The statement of the child to be recorded as spoken by the
child
48. • Assistance of an interpreter or translator or an expert as per the
need of the child
• Assistance of special educator or any person familiar with the
manner of communication of the child in case child is disabled
• Medical examination of the child to be conducted in the
presence of the parent of the child or any other person in whom
the child has trust or confidence.
• In case the victim is a girl child, the medical examination shall
be conducted by a woman doctor.
• Frequent breaks for the child during trial
• Child not to be called repeatedly to testify
• No aggressive questioning or character assassination of the
child
• In-camera trial of cases
• Disclosing the name of the child in the media is a punishable
offence, punishable by up to one year.
49. ► Juvenile Justice ( Care and protection of Children) Act
2000 as amended in 2006
► To protect children from offences of sexual assault, sexual
harassment and pornography and provide for establishment of
Special Courts for trial of such offences and for matters connected
therewith or incidental thereto.
► Child is a person below the age of 18 years
► section 10 (1) provides that as soon as a juvenile in conflict with law
is apprehended by police, he shall be placed under the charge of
the special juvenile police unit or the designated police officer, who
shall produce the juvenile before the Board without any loss of time
but within a period of twenty-four hours of his apprehension
excluding the time necessary for the journey, from the place where
the juvenile was apprehended, to the Board:
Provided that in no case, a juvenile in conflict with law shall be
placed in a police lockup or lodged in a jail.”.
50. ► Juvenile Justice Board :
► A Board shall consist of a Judicial Magistrate of
the first class and two social workers of whom at
least one shall be a woman
► Board shall have the powers a Judicial
Magistrate of the first class and the Magistrate on
the Board shall be designated as the principal
Magistrate.
51. ► Child Welfare Committee:
► The Committee shall consist of a Chairperson
and four other members
► The Committee shall function as a Bench of
Magistrates and shall have the powers of a
Judicial Magistrate of the first class.
► Production before Committee.- (1) Any child in
need of care and protection may be produced
before the Committee by (i) any police officer or
special juvenile police unit or a designated police
officer; any public servant, any child organization
or social worker or the child himself
52. ► any police officer may take charge without
warrant of a juvenile in conflict with law who has
escaped from a special home or an observation
home.
► He shall be sent back to the special home or the
observation home, as the case may be; and no
proceeding shall be instituted in respect of the
juvenile by reason of such escape,
► However, the special home, or the observation
home, may, after giving the information to the
Board which passed the order in respect of the
juvenile, take such steps in respect of the
juvenile as may be deemed necessary under the
provisions of this Act.
53. Conclusion
► quite a number of legislations are there to protect
rights of women and children
►From implementation point of view, there is lagging
►Concerted mobilization from police, prosecutors,
public servants, child organizations and social activists
is further required