Know your rights

Remember knowledge is power. As a parent, wife, daughter, employee and a woman these are rights set in place to protect you and it is important that you are aware about these.  

Here are 10 laws that women should know:

The Prohibition of Child Marriage Act, 2006

According to the International Research Centre for Women, almost 47 percent of girls are married before the age of 18. Currently, India ranks 13 in the world when it comes to child marriages. Since child marriage has been steeped into the Indian culture and tradition since centuries, it has been tough eliminating it.

The Prohibition of Child Marriage Act was made effective in 2007. This act defines child marriage as a marriage where the groom or the bride are underage, that is, the bride is under 18 years of age or the boy is younger than 21 years.

Parents trying to marry underage girls are subject to action under this law. Since the law makes these marriages illegal, it acts as a major deterrent.

Special Marriage Act, 1954

The objectives of this act is to provide – a special form of marriage in certain cases, provide for registration of certain marriages and, to provide for divorce. In a country like India and with the diverse religions and cast, when people from different faiths and caste chose to get married they do it under the Special Marriage Act.

It is not applicable to the state of Jammu and Kashmir and also extends to intending spouses who are Indian nationals and living abroad.

Dowry Prohibition Act, 1961

According to this act, taking or giving of dowry at the time of the marriage to the bride or the bridegroom and their family is to be penalised. Dowry system, giving and taking of dowry, is a norm in India. Dowry is often asked of the bride and her family by the groom and his family. The system has taken strong roots because women after marriage move in with their spouse and in-laws. Also, over the centuries, the lack for economic independence of women and the taboo towards divorce has resulted in bride burning. When demands for dowry even after marriage are not met by the girl’s families, many women are tortured, beaten and even burnt.

It is one of the major challenges that our society is grappling with. Women openly complaining about it has helped to spread the word and encourage other women to take a stand.

Indian Divorce Act, 1969

The Indian Divorce Act allows the dissolution of marriage, mutual consent, nullity of marriage, judicial separation and restitution of conjugal rights.

Family Courts are established to file, hear, and dispose of such cases.

Maternity Benefit Act,1861

This act regulates the employment of women and maternity benefits mandated by law. It states that a woman employee who has worked in an organisation for a period of at least 80 days during the 12 months preceding the date of her expected delivery is entitled to receive maternity benefits, which includes maternity leave, nursing breaks, medical allowance, etc.

Medical Termination of Pregnancy Act,1971

The Act came into effect into 1972, was amended in 1975 and 2002. The aim of the Act is to reduce the occurrence of illegal abortion and consequent maternal mortality and morbidity.

It clearly states the conditions under which a pregnancy can be ended or aborted and specifies the persons qualified to conduct the same.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

To ensure women’s safety at workplace, this Act seeks to protect them from sexual harassment at their place of work. Thirty-six percent of Indian companies and 25 percent among MNC’s are not complaint with the Sexual Harassment Act according to a FICCI-EY November 2015 report.

Sexual harassment at workplace also includes – the use of language with sexual overtones, invasion of private space with a male colleague hovering too close for comfort, subtle touches and innuendoes.

Indecent Representation of Women(Prevention) Act,1986

This Act prohibits indecent representation of women through advertisement or in publications, writings, paintings, figures or in any other manner.

National Commission for Women Act, 1990

The National Commission for Women (NCW) is a statutory body of the Government of India, established in January 1992. Lalitha Kumaramangalam was appointed its Chairperson in 2014.

The NCW represents the rights of women in India and provides a voice for their issues and concerns. The National Commission for Women Act aims to improve the status of women and worked for their economic empowerment.

Equal Remuneration Act, 1976

This Act prevents discrimination in terms of remuneration. It provides for payment of equal recompense to men and women workers.

It is necessary to know these and other laws in place to protect the interests of women. Only if you are aware of your rights can you fight against any injustice meted out to you at home, at the workplace, or in the society

Protection of Women From Sexual Harassment At Workplace

Introduction-
Today’s world is accustomed to the term Sexual harassment. Sexual Harassment can be identified as a behavior. It can in general terms be defined as an unwelcome behavior of sexual nature. Sexual harassment at workplace is a universal problem in the world whether it be a developed nation or a developing nation or an underdeveloped nation, atrocities and cruelties against women is common everywhere. It is a problem giving negative effect on both men and women. It is seen to be happening more with women gender as they are considered to be the most vulnerable section of the society these days. Sexual harassment therefore is a serious problem in the workplace and it has become one of those issues that receive a lot of negative attention. 

What Is Sexual Harassment?

Sexual harassment has been identified as a term which is difficult to define as it involves a range of behaviors. Efforts have been made at both national and international levels to define this term effectively. often, the term is subjected to different interpretations. Some believe that it is better not to mingle with female colleagues so that one does not get embroiled in a sexual harassment complaint. The reality of sexual harassment incidents at the workplace is that there is more to worry about under-reporting, than people misusing the law.

In 1997, in the landmark judgment of Vishaka and others v. State of Rajasthan[1], the Supreme Court of India defined sexual harassment at the workplace, pronounced preventive, prohibitory and redress measures, and gave directives towards a legislative mandate to the guidelines proposed.

Sexual Harassment includes many things:
1. Actual or attempted rape or sexual assault.
2. Unwanted deliberate touching, leaning over, cornering or pinching.
3. Unwanted sexual teasing, jokes, remarks or questions.
4. Whistling at someone.
5. Kissing sounds, howling and smacking lips.
6. Touching an employee’s clothing, hair or body.
7. Touching or rubbing oneself sexually around another person.

Indian Constitution On Sexual Harassment-
Sexual harassment clearly violates the fundamental rights of a women to Equality under Article 14[2] and Article 15[3], her right to life under Article 21[4], and her right to practice any profession and carry on any occupation, trade or business[5], which includes a Right to safe environment free from sexual harassment.

IPC on Sexual Harassment-

In 2013, substantial changes were made in the way sexual harassment was viewed within the criminal justice system in India. The Criminal Law Amendment Act of 2013, which commenced on April 3, 2013, included Section 354A of the Indian Penal Code, 1860 that defined sexual harassment. The India Penal Code, 1860 has also defined the term sexual harassment and related offences and put forth punishments for the same:
· Section 354A- Sexual harassment is: unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favors, showing someone sexual images (pornography) without their consent, and making unwelcome sexual remarks
Punishment: Up to three years in prison, and a fine.

· Section 354B- Forcing a woman to undress.

Punishment: From three to seven years in prison, and a fine.

· Section 354C- Watching or capturing images of a woman without her consent (voyeurism). 
Punishment: First conviction – one to three years in prison and a fine. More than conviction–three to seven years in prison and a fine.

· Section 354D- Following a woman and contacting her or trying to contact her despite her saying she does not want contact. Monitoring a woman using the internet or any other form of electronic communication (stalking).

Punishment: First conviction – up to three years in prison and a fine. More than one conviction–up to five years in prison and a fine.

The same definition is given in the law enacted specifically for Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.

Pre- Vishaka Scenario-
Before the Vishaka guidelines came into picture, the women had to take matter of Sexual Harassment at Workplace through lodging a complaint under Sec 354 and 509 of IPC.

Sexual Harassment as we know has become a global problem which is a kind of violence against women. International community has recognized in their International treaties and documents, the protection from Sexual Harassment as a human rights of women. All the legal instruments dealing with this matter have been laid down to protect life and liberty and these instruments have been used as a means to curb and address this issue.

In India until the Vishaka’s judgment was given out, there was no law to govern this matter and the guidelines which came as an outcome of this case were derived from the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). TheIndian Constitution had grounded provisions in the form of fundamental rights. 

Vishaka And Others V. State of Rajasthan-
In the case of Vishaka and Ors v. State of Rajasthan and Ors[6], the Hon’ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working women.

Preventive Steps-
All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without chauvinism to the generality of this obligation they should take the following measures:

a. Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways.

b. The rules of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for adequate and appropriate penalties against the offender.

c. As regards private employers, steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (standing orders) Act, 1946.

d. Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

Criminal Proceedings-
Where such conduct amounts to an offence under the IPC or under any other law, the employer shall initiate appropriate action in accordance with law by making complaint with the appropriate authority. In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

Disciplinary Action-
Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.

Complain Mechanism-
Whether or not such conduct constitutes an offence under law or a breach of the service rules, and appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim.

Such complaint mechanism should ensure time bound treatment of complaints.

Internal Complaints Committee-
The complaint mechanism should be adequate to provide a complaints committee, a special counselor or other support service, including the maintenance of confidentiality.

The complaints committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such complaints committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The complaint committee must make an annual report to the government department concerned of the complaints and action taken by them.
The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the complaints committee to the government department.

Worker’s Initiative-
Employees should be allowed to raise issues of sexual harassment at a workers’ meeting and in other suitable forum and it should be affirmatively discussed in employer-employee meetings.

Awareness-
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.

Third Party Harassment-
Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
The central/state governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in private sector.
These guidelines will not prejudice any rights available under the protection of human rights act, 1993.

Post- Vishaka Scenario-

India did not have any legislation till the Bill for the Protection of Women from Sexual Harassment was moved in the Parliament in the year 2005. After a 10 long years gap in 2010, the Bill was in the Lok Sabha with slight changes in the old Bill. The new Bill defined “sexual harassment” and also provided for a redressal mechanism through “Internal Complaints Committee” in the workplace or “Local Complaints Committee” at the district level. Women who are employed as well as those who enter the workplace as clients, customers or apprentices besides the students and research scholars in colleges and universities and patients in hospitals are sought to be covered under the proposed legislation. However, domestic workers working at home are not covered. Additionally, there were problems regarding the action to be taken against false and malicious charges or complaints, subsequently to solve this issue the Parliamentary Standing Committee in June 2011, submitted recommendations to remove false and malicious charges. Then the newer version of the Bill retained the action against false and malicious charges by ICC or Local Committee against the Complaint under Section 14.

According to Section 13 of the Bill there are two stages of enquiry, one is once the charges are found and proved the report of the same must be sent to the DC (Disciplinary Committee) and it will take action as per the service rules. This is again a time consuming process, where the victim has to produce the evidences again and go through cross examination, which is a kind of mental torture to the victim. The case may be different with a private sector regarding the second process of enquiry, these stages or traditions are acting against the valueConstitutionof ICC.

In relation to this, the Apex Court in case of Medha Kotwal[7] has clearly laid down that the report of the committee is final and the disciplinary committee is vested with the power to give punishment and to conduct second enquiry.

Till the new Act of 2013, came into effect; the problem of sexual harassment was governed by the guidelines laid down by the Vishaka’s case in the year 1997. The main objective of the Act was to implement the guidelines and to ensure an access a safe workplace by woman

The Sexual Harassment At Workplace (Prevention, Prohibition And Redressal) Act, 2013-

The Sexual Harassment Act (Hereby called as an ‘Act’) was finally enacted in the year 2013 for the prevention of sexual harassment against women at workplace in the whole of India. The main objective of the act was protection of Women, prevention and redressal of sexual harassment complaints. Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:
1. Physical contact and advances; or
2. A demand or request for sexual favors; or
3. Making sexually colored remarks; or
4. Showing pornography; or
5. Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.[8]

Conclusion
Sexual harassment is a serious problem in the workplace and it has become one that receives a lot of negative attention. However, India is a late entrant in formalizing sexual harassment at workplace as a penal offence punishable with imprisonment and penalty. The harsh reality of sexual harassment cases at workplace is that there is more to worry about under-reporting than people misusing the law. With the advent of the present legislation, a paradigm shift can be noticed in the way employers are made liable for the breach of law by its employees. Until the enactment of this law, vicarious liability on sexual harassment at the workplace was non-existent. However, while the Government of India has been taking steps to monitor implementation of the 2013 Act in government offices, there is an absence of mechanism to check execution in the private sector. The damage that is happening as a result of state apathy is unpardonable and irreparable.

Employee Provident Fund or EPF Withdrawal – New Rules

EPF or Employee Provident Fund withdrawal claims above Rs. 10 lakh don’t have to be filed online. Retirement fund body EPFO or Employees’ Provident Fund Organisation has recently revised some of its rules related to provident fund claims.

The EPFO has nearly six crore subscribers and manages a corpus of about Rs. 10 lakh crore. In a circular dated April 13, EPFO said offline claims will also be accepted in all cases. EPFO subscribers have the option of filing online as well as manual claims for provident fund withdrawals.

EPF Withdrawal – New Rules

“In case the amount of claim settlement is above Rs. 10 lacs for PF claims and Rs. 5 lacs in respect of EPS withdrawal claims, the claim form must be accepted through online mode only,” the retirement fund body said in a circular in February. But in the April 13 circular, EPFO said that this rule will be kept in abeyance.

“Considering the grievances raised by members, this stipulation will be kept in abeyance so that offline claims will also be accepted in all cases,” EPFO said in the April 13 circular.

EPFO, in the April 13 circular, also said that for more security, “claims received online from claimants will be sent online to employers for further verification, only after which the claim will be settled”.

The employer, according to the EPFO, has to return the 

claim, which has been filed online, within three days to the EPFO office, either accepting or rejecting the claim.



Filing EPF Withdrawal Claims Online

EFPO members with authenticated Aadhaar and bank details seeded against their UAN (Universal Account Number) can 

submit their claims online. A UAN acts as an umbrella for the multiple member IDs allotted to an individual by different establishments.

1) For submitting a withdrawal claim online, subscribers have to first log into EPFO’s member interface using UAN credentials.

2) Select the relevant claim by clicking on the ‘Online Services’ tab.

(For final settlement of a provident fund deposit, the subscriber is required to select Form 19. He or she can select Form 31 for part withdrawal and Form 10-C for pension withdrawal benefits)

3) EPFO subscribers can track their claim requests online as well. For this, they can click on the Online Services tab and then ‘Track Claim Status’.

Sexual Harassment : Offences under the Indian Penal Code and relevant punishments

Sexual Harassment: The Law In India

What is the law on sexual harassment in India?

Offences under the Indian Penal Code and relevant punishments

Section 354A

Sexual harassment is: unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favours, showing someone sexual images (pornography) without their consent, and making unwelcome sexual remarks.

Punishment: Up to three years in prison, and a fine.

Section 354B

Forcing a woman to undress.

Punishment: From three to seven years in prison, and a fine.

Section 354C

Watching or capturing images of a woman without her consent (voyeurism).

Punishment: First conviction – one to three years in prison and a fine. More than one conviction – three to seven years in prison and a fine.

Section 354D

Following a woman and contacting her or trying to contact her despite her saying she does not want contact. Monitoring a woman using the internet or any other form of electronic communication (stalking).

Punishment: First conviction – up to three years in prison and a fine. More than one conviction – up to five years in prison and a fine.

13 Section 509

Insulting the modesty of a woman by saying any word or sound or making any gesture which intrudes on her privacy.

Punishment: Up to three years in prison and a fine.

Offences under The Protection of Children from Sexual Offences Act

5 Section 1

Sexual harassment of a child; showing any object/body part. Making a child exhibit her body or threatening to use a child to create sexual images (pornography).

Punishment: Up to three years in prison and a fine.

Licience Under the Contract Labour Regulation & Abolition Act 1970

Q: What is the Minimum No. of Workmen for Labour Licience ?

A : 20 Workmen or Above