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2
 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
 Art. 15(3):- Nothing in this Article shall
prevent the state from making special
provision for woman and children.
4
 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
 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
8
Banazir Bhutto
Margret Thacher
K.K.Shailaja
Halimah Yacob
Tsai Ing-wen Indira Gandhi
Theresa Mary May
9
Ang
sang
suki
,
W
O
R
L
D
L
E
A
D
E
R
S
S
i
r
i
m
a
v
o
10
11
 SOCIAL SYSTEM
 RELIGIOUS
 ECONOMIC
 POLITICAL
12
13
14
15
 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
 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

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
 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
 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
 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
22
23
Enough
is
Enough
24
25
Physical
contact
and
advances
Demand
or
request
for
sexual
favours
Making
sexually
coloured
remarks
Showing
pornogra
phy
Verbal/
non
verbal
Physical
conduct
26
27
28
QUID PRO
QUO
HOSTILE
ENVIRONMENT
 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
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
 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
COMPLAINT COULD BE FILED BY
a) Aggrieved woman
b)Her relative
c) Friend
d) Co worker
e) Officer of commission for women
32
 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
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
The provision is to
protect her, not to
pressurise her to
settle the matter
Only at the
request of the
woman
No monetary
settlement
 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
37
Interim order
Recommend monetary
Compensation:
Employer/ District
officer can deduct the
sum from the salary or
wages
 . a written apology;
 • a warning;
 • reprimand or censure;
 • withholding of pay rise or increments;
 • termination from service;
 • counselling;
 • community service.
38
 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
 Complaint/inquiry proceedings.
 Identity of aggrieved women/
respondent/witness.
 Report of ICC/LCC
40
No
Publication
41
ONE RAPE IN
EVERY 29
MINUTES
ONE WOMAN IS
MOESTED EVERY
26 MINUTES
ONE CRIME
AGAINST
WOMEN IN
EVERTY 3
MINUTES
 .
42
Tears shed
for self are
tears of
weakness,
be strong,
gets up and
fight for your
rights
Safe from
fear, safe
from
violence
43
THANK YOU…..!
LINIPRIYA VASAVAN

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Ppt Equality of Women and Protection from Sexual Harassment at workplace

  • 1. 1
  • 2. 2
  • 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
  • 8. 8
  • 9. Banazir Bhutto Margret Thacher K.K.Shailaja Halimah Yacob Tsai Ing-wen Indira Gandhi Theresa Mary May 9 Ang sang suki , W O R L D L E A D E R S S i r i m a v o
  • 10. 10
  • 11. 11
  • 12.  SOCIAL SYSTEM  RELIGIOUS  ECONOMIC  POLITICAL 12
  • 13. 13
  • 14. 14
  • 15. 15
  • 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
  • 22. 22
  • 24. 24
  • 26. 26
  • 27. 27
  • 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
  • 37. 37 Interim order Recommend monetary Compensation: Employer/ District officer can deduct the sum from the salary or wages
  • 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
  • 40.  Complaint/inquiry proceedings.  Identity of aggrieved women/ respondent/witness.  Report of ICC/LCC 40 No Publication
  • 41. 41 ONE RAPE IN EVERY 29 MINUTES ONE WOMAN IS MOESTED EVERY 26 MINUTES ONE CRIME AGAINST WOMEN IN EVERTY 3 MINUTES
  • 42.  . 42 Tears shed for self are tears of weakness, be strong, gets up and fight for your rights Safe from fear, safe from violence