3. EQUALITY- enshrined in Article 14 to 18 of
Constitution.
Article 14- Equality before law and Equal
protection of Law: overarching guarantee of
equality for every person.
Art.-15-. Prohibition of Discrimination on the
ground of Religion, Race, Caste, Sex, Place of
Birth
3
4. Art. 15(3):- Nothing in this Article shall
prevent the state from making special
provision for woman and children.
4
5.
6. Anti- slavery and temperance movement.
Elizabeth Candy Stanton and Lucretia Mott.
Liberal feminism- Individualistic
Marxism- exploited, capitalism and ownership
Radical Feminism- patriarchy
Socialist Feminism- economic and cultural
6
7. Bradwell v. Illions (1872) women did not fall
within the meaning of person.
Minor v. Happersett [1875] 88 U.S. 162
Admitted women as person and citizen but
with no right to vote.
19th constitutional amendment, Federal
constitution, 1920- females citizen were
provided with right to vote.
In Re Regina Guha-1922
7
16. HUMAN BEING
BODY WHICH IS THE SOLE SOURCE OF
REPRODUCTION.
EACH AND EVERY HUMAN BEING CAME
TO THIS WORLD THROUGH HIS/HER
MOTHER.
HENCE HER BODY REQUIRES
PROTECTION THAN A MAN
16
17. The Commission of Sati
(Prevention) Act, 1987 (3 of 1988)
Code of Criminal Procedure, 1973
Indian Penal Code, 1860
The Hindu Marriage Act, 1955 (28
of 1989)
The Child Marriage Restraint Act,
1929
The Christian Marriage Act, 1872
(15 of 1872)
National Commission for Women
Act, 1990 (20 of 1990)
The Bonded Labour System
(Abolition) Act, 1976
The Equal Remuneration Act,
1976
The Special Marriage Act, 1954
The Inter-State Migrant Workmen
The Muslim Personal Law
(Shariat) Application Act, 1937
17
18.
The Guardians and Wards Act, 1869
The Indian Succession Act, 1925 (39 of
1925)
The Minimum Wages Act
The Factories Act, 1948
The Guardians and Wards Act, 1860 (8
of 1890)
The Hindu Adoptions & Maintenance
Act, 1956
The Pre-Natal Diagnostic Technique
The Hindu Succession Act, 1956
The Hindu Minority & Guardianship
Act, 1956
The Employees' State Insurance Act,
1948
The Indian Evidence Act, 1872 (yet to
be reviewed)
The Family Courts Act, 1984
The Child Marriage Restraint Act,
1929 (19 of 1929)
The Foreign Marriage Act, 1969 (33 of
1969)
The Medical Termination of
Pregnancy Act, 1971 (34 of 1971)
The Indian Divorce Act, 1969 (4 of
1969)
The Juvenile Justice (Care &
Protection of Children) Act, 2000
18
19. The Indecent
Representation of
Women (Prohibition)
Act, 1986
Immoral Traffic
(Prevention )Act, 1956
National Commission
for Women Act, 1990
Eve Teasing (New
Legislation)
Muslim women
(protection on
Divorce) Act, 1986
Protection of women from
Domestic Violence Act,
2005
The Sexual Harassment
of Women at Workplace
(PREVENTION,
PROHIBITION and
REDRESSAL) Act, 2013
Muslim Women
(Protection of Rights on
Marriage) Act, 2019
19
20. BHANWARI DEVI
VISHAKA- ORGANISATION
WRIT PETITION
the Supreme Court relied upon the UN Convention
on Elimination of All Forms of Discrimination Against
Women (CEDAW)
“In the absence of enacted law to provide for the effective enforcement of the
basic human right of gender equality and guarantee against sexual harassment
and abuse, more particularly against sexual harassment at work places, we lay
down the guidelines and norms specified hereinafter for due observance at all
work places or other institutions, until a legislation is enacted for the purpose.”
20
21. Prior to 2013 the
civil statute to
redress sexual
harassment was
IRWA, 1987.
509 IPC
Section 354
The Delhi gang
rape,
overwhelming
protest
After 2013 -354A,
IPC-Sexual
Harassment
21
29. No women shall be subjected to sexual harassment at workplace.
29
Preferential
treatment
Threat of detrimental
treatment.
Threat about
present or
future
employment.
Interferes with
work or creates
hostile
environment
Humiliating
treatment likely
to affect health
or body
30. 30
Safe environment
Display at conspicuous place , penal
consequences
Workshop and awareness
programme
Sexual harassment -
misconduct
Initiate action under IPC or
other law
Provide assistance to
victim
31. In relation to a workplace:- woman of any age ;
employed or not, who alleges to have subjected to any
act of sexual harassment by the respondent.
In relation to Dwelling place or house, a women of any
age who is employed in such a dwelling place or house.
31
32. COMPLAINT COULD BE FILED BY
a) Aggrieved woman
b)Her relative
c) Friend
d) Co worker
e) Officer of commission for women
32
33. a) Self-blame and guilt
b) Insomnia or other sleep disturbances
c) Depression
d) Anxiety, fear, decreased interest in work
e) Restlessness, uncertainty about future
f) Physical or emotional withdrawal from friends,
family and co-workers and so on
33
34. 34
Internal Complaint
Committee (ICC)
Local Complaint
Committee(LCC)
District Officer
To be formed by every
employer at workplace
To be formed by every
District officer
District Magistrate/
Add. District
Magistrate, Collector/
Deputy Collector
35. 35
The provision is to
protect her, not to
pressurise her to
settle the matter
Only at the
request of the
woman
No monetary
settlement
36. After receiving complaint serve copy to
respondent with in 7 days.
Reply of respondent with in 10 days
Report of the committee with in 10 days of
completion of examination
The report of committee is recommendatory
in nature.
36
38. . a written apology;
• a warning;
• reprimand or censure;
• withholding of pay rise or increments;
• termination from service;
• counselling;
• community service.
38
39. False and misleading documents or
evidences
“Not proved”- should not be considered as
false or malicious
Criminal offence is charged against
employer if he fails to take action against the
woman or witness who takes the recourse of
falsehood.
39