Legal Awareness Program

On

Women Empowerment – Role of Judiciary

Venue: 7th Day Adventist School, Near Maadapuram Railway gate Pithapuram

Date: 12-12-2012

Under the guidance of

Dr. G. Satyanarayana
MSW., M.L., Ph.D., L.L.D., (Law)

Principal
P.S.R. Law College

Ramaraopeta, Kakinada-4

Report Submitted by

K.Ramesh
L.L.B. Final Year
Regd. No.510159401025

2010-2013
A brief report on the Legal Awareness program

We the student of final year LLB from P.S.R. Law College,

Kakinada under the guidance of our principal Dr. G. Satyanarayana had

conducted the aforesaid camp as it's a part of our practical as per the curriculum

of the Andhra University, Visakhapatnam, Bar Council of India, New Delhi, we

have successfully taken up the program on "Women empowerment – Role of Judiciary” at 7 th

Day Adventist School, Near Maadapuram railway gate, Pithapuram on very auspicious date i.e.

on 12-12-2012.

Our Principal Dr. G. Satyanarayana, in the position of President of this

program, taken the privilege of receiving honorary guests to this program.

Honorable President Smt. Vanga Geetha Viswanath, M.L.A

Pithapuram Mandalam.

Chief Guest Sri. P. N. Murthy, Mandala Parishad

Development officer,

Honorable Guests Sri. G.S.J Rajababu, Retd. D.S.P Eluru

Division.

Sri. Immanuel, Principal, 7th Adventist

School.

Smt. Vardhineedi Sujatha, Ex-Chairman,

Pithapuram Municipal Corporation.

Resource Persons Smt. Sangeetha, Lecturer

Sri. D. Satyanarayana, Lecturer,

Smt. Swapna, Lecturer,

Smt. Prameela, Lecturer

Smt. Vanga Geetha Viswanath, inaugurated the program by “Jyothi

Prajvalanam”. In the position of Honorable president of this program, she delivered a
deliberate speech on the topic “Woman empowerment - Role of Judiciary”.
 She said “The status of women in India has been undergoing a sea-change.
Supported by Constitutional guarantees to ensure dignity and equal opportunities,
their active participation in all walks of life including education, politics, sport etc., has
been growing. Taking note of women’s role in the nation-building activities, the
Government had declared 2001 as the year of Women’s Empowerment by adopting a
National Policy to offer “Swashakti” to women. Several laws have also been adopted to
empower women socially, economically, legally and politically. Considering the role of
rural India, the country’s backbone, the Government had taken several measures to
strengthen Panchayath Raj system with the active participation of women. This gave a
boost to increase the number of women being elected to the Lok Sabha and State
Assemblies, an indication to suggest their political empowerment.

National Policy for the Empowerment of Women – 2001

The principle of gender equality is enshrined in the Indian Constitution in its

Preamble, Fundamental Rights, Fundamental Duties and Directive Principles of State
Policy. The Constitution not only guarantees equality to women, but also empowers
the State to adopt measures of positive discrimination in favour of women. Since the
Fifth Five Year Plan (1974-78), India has been making a marked shift in its approach
to women’s issues from welfare to development while keeping the empowerment of
women as the central issue in determining their status in the society. The National
Commission for Women was set up by an Act of Parliament in 1990 to safeguard the
rights and legal entitlements of women. The 73rd and 74th Amendments to the
Constitution in 1993 have provided for reservation of seats in the local bodies of
Panchayats and Municipalities for women, laying a strong foundation for their
participation in decision-making at the local levels. India has also ratified various
international conventions and human rights instruments committing to secure equal
rights of women. Key among them is the ratification of the Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) in 1993.

Goals and Objectives

The goals of the National Policy is to bring about the advancement, development and
empowerment of women. The objectives include creating an environment through
positive economic and social policies for development of women to enable them to
realise their full potential, access to health care, quality education, employment, equal
remuneration and social security. They also include elimination of discrimination and
all forms of violence against women and the girl child and changing societal attitudes.

National Mission for Empowerment of Women

The Government has set up a National Mission for Empowerment of Women early this
year and the same has been notified on 8th of March, 2010. The Mission aims at
implementing the women-centric programs in a mission mode to achieve better
coordination. The Ministry of Women and Child Development is administering the
Support to Training and Employment Program of Women (STEP) scheme with a view
to help asset-less and marginalized women become economically self-reliant. The
scheme also aims at providing training for skill up gradation, development of
entrepreneurial skills, asset creation, mobilization into small viable groups to enable
beneficiaries to take up employment-cum-income generation activities. The Ministry
has also launched the “Priyadarshini” scheme to empower vulnerable groups of
women in a holistic and sustainable manner by addressing their social, political, legal,
health related and economic problems through vigorous capacity-building by
organizing them into Self-Help Groups (SHGs).

Swarnajayanti Gram Swarozgar Yojana (SGSY)

The Ministry is also implementing the Centrally sponsored scheme. The scheme is
designed to promote self-employment oriented income generating activities for the
BPL households in the rural areas. Special safeguards have been provided for
vulnerable sections by way of reserving 50 per cent benefits to Scheduled Castes and
Scheduled Tribes, 40 per cent for women, 15 per cent for minorities and 3 per cent for
disabled persons. Since its inception, about 37 lakh SHGs have been formed and 134
lakh swarozgaris assisted, out of which, approximately 70 lakh (52 per cent) are
women. The Rashtriya Mahila Kosh (RMK) scheme extends micro-credit support for
income generation to poor women grouped into SHGs in un-organised sector.

Helplines for Women

As per 2001 census, there are 34.3 million widows and 2.34 million divorced and
separated women in the country. The Ministry of Women and Child Development is
implementing shelter-based schemes namely “Swadhar” and “Short Stay Homes”
under which financial assistance is provided to the implementing agencies for
providing support services to women in difficult circumstances. Under the scheme of
Integrated Programme for Older persons implemented by the Ministry of Social
Justice and Empowerment, financial assistance is provided to NGOs for running and
maintenance of Multi Facility Care Centre for older widowed women. The Ministry of
Rural Development is implementing Indira Gandhi National Widow Pension Scheme
(IGNWPS) and Indira Gandhi National Old Age Pension Scheme (IGNOAPS), under
which central assistance is given towards a monthly pension of Rs.200 to widows
below the poverty line in the age group of 40 to 64.

Women’s Leadership Summit 2010

The Ministry has organised a Women’s Leadership Summit in New Delhi on 6th of
March this year as part of the celebrations for the International Women’s Day. The
objective of the Summit, inaugurated by the Prime Minister Dr. Manmohan Singh, was
to showcase empowered women, those who had excelled in different fields. The
central theme of the Summit was Inclusive Growth and Empowering Women of Rural
India. Several women achievers spoke on challenges and opportunities for women in
diverse fields such as corporate sector, financial services, agriculture, science, media,
panchayati raj, sports, culture, education and law. Government’s 100 Days Action Plan

As part of the 100 days Action Plan, the government had proposed several measures
to increase the representation of women. It has also proposed Constitutional
amendment to provide 50 percent reservation for women in Panchayats and in urban
local bodies and to increase the representation of women in government jobs.

Smt. Geetha Viswanath is being M.L.A, she had provided a lot of information about the
governmental schemes especially meant for women empowerment.

After that, Sri P.N.Murthy, Mandal Parishad development officer expressed his
views as follows:

The development of a nation solely depends on the social status of women. Women
constitute almost one half of the globe's population. Women have been victims of
exploitations by male dominated society. Women need to be empowered and men
need to be oriented about their obligations towards women. Women continue to be
exploited. The position is same everywhere wherever developed, the developing or
under developed.

Women play major roles during various stages of their life as a daughter, wife, mother
and sister, etc. In spite of her contribution to human beings, she still belongs to a
backward class on account of various social, political, economic and psychological
barriers and impediments.

On one side, woman is worshipped as goddess and on the other side she is oppressed,
suppressed, depressed, exploited and victimized by the male dominated society. A
report of the United Nations say that "Women constitute half of the world population,
perform nearly two thirds of work hours, receive one tenth of the world’s income and
own less than one-hundredth per cent of the world's property." Women still suffer
from discrimination, exploitation and victimization. The need of the hour is
empowerment of women.

Empowerment essentially means decentralization of authority and power. It aims at

getting participation of deprived sections of people in decision-making process. It
means giving voice for voiceless. Empowerment may mean equal status to women to
develop her. Man should give women opportunity and freedom to develop her.

Women empowerment looks at basic woman rights and attempts on organising to

attain them. Women empowerment can influence not only their own lives but also the
lives of man and children. Women empowerment may enhance their self-confidence
and their ability and willingness to challenge oppression. Women empowerment aims
at eliminating discrimination and challenging gender inequality.

The Government has been adopting several stringent measures to uphold the status of
women in India by launching a tirade against injustices done to them. They included
protection against domestic violence, stopping crime against child and women, human
trafficking, sexual harassment at work place, eliminating beggary among women and
street children, child marriages, harassment in dowry related matters, malnutrition
among women and children, providing relief and rehabilitation to rape victims. The
Centre has allocated Rs.11,000 crore to the Ministry of Women and Child
Development for the year 2010-11, an increase of around 50 per cent over last year’s
Budget Estimates of Rs.7,350 crore. (PIB Features).

As Mr. P.N.Murthy is in a position of public servant, he had covered the social

elements which cause effect on women empowerment.

After that, Our Principal, Dr. G. Satyanarayana given the valuable information
on women empowerment – role of judiciary. He discussed the legislative and judicial
initiative towards empowerment of women.

Legislative initiatives towards Empowerment of Women:

In India there are numerous laws aimed at empowerment of women in the areas of
personal, labour, service and criminal and social economic matters. The Fundamental
Law of the land namely Constitution of India guarantees equality for women. It would
be proper to refer some of the most important legislations pertaining to
empowerment of women.

1. Constitution of India, 1950 :

The Constitution of India not only guarantees equality to women but also empowers
the State to adopt measures to positive discrimination in favour of women. The
principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles.

Article 14 of the Constitution of India guarantees equality before law.

Article 15 prohibits discrimination on the grounds of sex.

Article 16 states about equality of opportunity for all citizens in matters relating to
employment.

The 73rd and 74th amendments to the Constitution of India provided for reservation
of seats (at least 1/3) in the local bodies of Panchayats and Municipalities for women.

84th Constitution Amendment) reserving 33 per cent in Parliament and State

Legislature is in the pipeline.
2. Indian Penal Code, 1860 :

Sections 292, 293 and 294 provide for punishment in sale and exhibit of obscene
books objections and for obscene act in public place.

Section 304(b) deals about murder of women in connection with demand of dowry.

Sections 312 to 318 deal about punishment for causing miscarriage.

Section 354 provides punishment for outraging the modesty of any women,

Section 366 deals about kidnapping for marriage against her will.

Section 366-A deals about procuration of minor girls for sexual purpose.

Section 376 deals about punishment for rape.

Section 494 protects women from bigamy.

Section 497 deals about protection of married women from adultery.

Section 498-A of Indian Penal Code deals about subjecting women to cruelty by her
husband or relatives and her husband and

Section 509 provides punishment for uttering words and gesture or act intended to
insult the modesty of a woman.

3. Code of Criminal Procedure, 1973 :

Under S. 125, Code of Criminal Procedure, a woman has got right to maintenance.

4. Indian Evidence Act, 1872 :

Sections 113(a), 113(b) and 114(c) provide for presumptions as to abetment of

suicide by a married woman within 7 years of marriage, as dowry death of a woman
and as to absence of consent of woman for sexual intercourse.

5. Hindu Adoption Maintenance Act, 1956 :

Section 18-A provides for obligations of husband to maintain his wife. Section 18(2)
provides right of wife to live separately and S. 19 provides for maintenance of widow
by her father-in-law.

6. Hindu Succession Act, 1956 :

Section 14 of the Act provides for property of female Hindu to be her absolute
property. Section 23 provides right of female legal heirs in the dwelling house.

7. The Hindu Minority and Guardianship Act, 1956 :

Section 6 of the Act provides for mother as a natural guardian for minors below 5
years.

8. The Hindu Marriage Act, 1955 :

Section 13(2) of the Act provides for wife to present a petition for divorce. Section
13(b) provides equal right for wife for getting divorce by mutual consent. Section 24
of the Act provides for relief for interim maintenance and expenses. Section 25 of the
Act provides for right to a wife to seek permanent alimony and maintenance and S. 26
of the Act provides right to claim custody of children.

9. The Dowry Prohibition Act, 1961 :

Under the provisions of this Act demand of dowry either before marriage, during
marriage and or after the marriage is an offence.

10. The Muslim Women (Protection of Right on Divorce) Act, 1986 :

Under the provisions of the Act provides for maintenance of women by the relatives
after the iddat period.

11. The Factories Act, 1948 :

The provisions of this Act provides for health, safety, welfare, and working hours for
women labour working in factories.

12. The Equal Remuneration Act, 1976 :

It provides for 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.

13. The Employees State Insurance Act, 1948 :

The Act provides for insurance pension and maternity benefits to women workers.

14. The Maternity Benefit Act, 1961 :

It provides for maternity benefit with full wages for women workers.

15. The Medical Termination of Pregnancy Act, 1971 :

The Act safeguards women from unnecessary and compulsory abortions.

16. The Child Marriage Restraint Act, 1976 :

The Act provides safeguards for girls from child marriage.

17. The Immoral Trafficking (Prevention) Act, 1986 :

The Act safeguards women from prostitution.

18. The Prenatal Diagnostic Technique (Regulation and Prevention of Measure)
Act, 1994 :

This Act prohibits diagnosing of pregnant women and also identification of child in
the womb whether it is male or female.

19. The Indecent Representation of Women (Prohibition) Act, 1986 :

The Act safeguards women from indecent representation.

20. The Commission of Sati (Prevention) Act, 1992 :

It safeguards women from Sati.

21. The National Commission for Women Act, 1992 :

The Act provides for a setting up a statutory body namely the National Commission
for Women to take up remedial measures, and facilitate redressal of grievances and
advise the Government on all policy matters relating to women.

22. The Family Courts Act, 1984 :

The Act provides for setting up a Family Court for in-camera proceedings for women.

23. The Tamil Nadu Prohibition of Eve-teasing Act, 1988 :

The Act provides punishment for eve-teasing.

24. The Protection of Women from Domestic Violence Act, 2005 :

The Act provides for punishment for domestic violence committed by husband and his
relatives and also provides legal assistance for women suffering from domestic
violence. It also provides interim maintenance to women and also for compensation
and damages.

Judicial initiative towards Empowerment of Women :

Though plethora of legislations exists, due to ineffective enforcement, women are

exploited by the male dominated society. Male dominated society has found ways to
circumvent the provisions of the Act and act as a blockade against women
empowerment. Due to the failure of the legislations to protect women, judiciary has
come forward to protect women. In protecting the women, the Indian Judiciary has
removed all the procedural shackles and has completely revolutionized constitutional
litigations. The judiciary has encouraged widest possible coverage of the legislations
by liberal interpreting the terms. The judiciary has shifted from doctrine approach to
the pragmatic approach, which was conducive to all interests in the society. The
Courts have shown greater enthusiasm in granting the constitutional provisions for all
women. The judiciary by its landmark judgments had filled up the gap created by the
Legislative machinery. The judiciary had extended helping hands to women. when the
legislature had denied it.
The higher judiciary has shown concern for women’s right in recent times; it also had
been greatly influenced by the international declaration and covenants on women’s
rights. The vibrant judiciary has recently exalted the dignity of women by its golden
judgments. In Municipal Corporation of Delhi v. Female Workers (Muster Roll) (AIR
2000 SC 1274), the Supreme Court extended the benefits of the Maternity Benefit Act,
1961 to the Muster Roll (Daily Wagers) female employees of Delhi Municipal
Corporation. In this case, the Court directly incorporated the provisions of Article 11
of CEDAW, 1979 into the Indian Law. In Chairman, Railway Board v. Chandrima Doss
(AIR 2000 SC 988), the Supreme Court awarded compensation of 10 lakhs to an alien
woman under Article 21 of Constitution, who has been a victim of rape. In Githa
Hariharan v. Reserve Bank of India (AIR 1999 SC 1149), the Supreme Court
interpreted Section 6(a) of Hindu Minority and Guardianship Act, 1956 and Section
19(b) of the Guardians and Wards Act, 1890 in such a way that father and mother get
equal status as guardians of a minor. In Mohammed Ahmed Khan v. Shah Bano (AIR
1985 SC 945), the Supreme Court granted equal right of maintenance under Section
125 of Cr. P.C. 1973 to a divorced married woman notwithstanding the personal law.
The Supreme Court also held that "large segments of society which have been
traditionally subjected to unjust treatment, women are one such segment." In
Charansingh v. Union of India (1979 Lab IC 633), the Delhi High Court expressed that
women are a backward class as compared to men. In Government of Andhra Pradesh
v. P. B. Vijay Kumar (AIR 1995 SC 1648), the Supreme Court has held that the issue of
reservation for women in State services was upheld under Article 15(3) of the Indian
Constitution. In Municipal Corporation of Delhi v. Female Workers (AIR 2000 SC 1274,
1281), the Supreme Court held that a just social order could be achieved only when
inequalities are obliterated and women, which constitute almost half of the segment
of our society, are honored and treated with dignity. In Uttarakhand Mahila Kalyan
Parishad v. State of Uttar Pradesh (AIR 1992 SC 1695), the Supreme Court struck
down the discriminatory rules of Education Department of Government of Uttar
Pradesh. In Air India v. Nargis Mirza (AIR 1981 SC 1829), the Supreme Court struck
down the discriminatory Rules of Indian Airlines. In Bodhisattwa v. Ms. Subhra
Chakraborty (AIR 1996 SC 922), the Supreme Court held that rape is a crime against
basic human rights.

In Vishakha v. State of Rajasthan (AIR 1997 SC 301), the Supreme Court took a serious
note of the increasing menace of sexual harassment at workplace and elsewhere.
Considering the inadequacy of legislation on the point, the Court even assumed the
role of legislature and defined sexual harassment and laid down instruction for the
employers. In Apparel Export Promotion Council v. A. K. Chopra (AIR 1999 SC 625),
the Supreme Court found all facets of gender equality including prevention of sexual
harassment in the fundamental rights granted by the Constitution. In C. B. Muthamma
v. Union of India (AIR 1979 SC 1868) : 1979 Lab IC 1307, a service rule whereby
marriage was a disability for appointment to foreign service was declared
unconstitutional by the Supreme Court. In Shobha Rani v. Madhukar (AIR 1988 SC
121), the Supreme Court held that dowry demand was held enough to amount to
cruelty.
In Prathibha Rani v. Suraj Kumar (AIR 1985 SC 628), the Supreme Court upheld
women’s right to the Stridhana. In State of Punjab v. Gurmit Singh (AIR 1996 SC
1393), the Supreme Court held that rape was held to be violative of the right of
privacy. In Bodhisathwa Gowtham v. Subhra Chakaraborty (AIR 1996 SC 622), the
Supreme Court observed that rape was not only an offence under the criminal law, but
it was a violation of the fundamental right to life and liberty guaranteed by Article 21
of Indian Constitution. In Saveetha Samvedhi case ((1996) 1 SCR 1046), the Supreme
Court held that a married daughter was allowed accommodation in parental house. In
Delhi Domestic Working Women’s Forum v. Union of India ((1995) 1 SCC 14), the
Supreme Court suggested the formulation of a segment for awarding compensation to
rape victims at the time of convicting the person found guilty of rape. The Court
suggested that the Criminal Injuries Compensation Board or the Court should award
compensation to the victims by taking into account, the pain, suffering and shock as
well as loss of earnings due to pregnancy and the expenses of child birth if this occurs
as a result of rape. In Gourav Jain v. Union of India (AIR 1997 SC 3012), the Supreme
Court laid down guidelines including the necessity of counseling, cajoling, and
coercing the women to retrieve from prostitution and rehabilitate them.

After that, Mr. G.S.J.Raja Babu, Retired D.S.P of Eluru Division has shared his
opinions as:

The legislations, which take care of rights and privileges of women, are numerous in
number. But due to ignorance and illiteracy those legislations cannot be properly
enforced. The plethora of Indian Legislations aims at women empowerment. The
judicial decisions rendered by the Indian Courts depicts the active role played by the
judiciary to protect women from exploitation at a stage where legislations are
uniformed due to lack of adequacy of enforcement machinery. The legislative and
judicial initiatives have placed the women in a better place in the society. Yet the
woman in India has to go for miles to achieve cent per cent empowerment.

The Constitution of India provides for special treatment of women, guarantees

equality and prohibits discrimination. The government of India has been
strengthening various laws focused on women and children. This has been more
visible since the Beijing CEDAW Conference. The recent years have been witness to
some landmark interpretations and directives related to Violence against Women. 
Despite the constitutional mandate of equal legal status for men and women, the same
is yet to be realized. The dejure laws have not been translated into defacto situation
for various reasons such as illiteracy, social practices, prejudices, cultural norms
based on patriarchal values, poor representation of women in policy-making, poverty,
regional disparity in development, lack of access and opportunity to information and
resources, etc. The ground situation more or less remains the same.
Most of the laws come with various institutional machinery, partnership between
various stakeholders and active role of NGOs.  These institutions need to be in
existence in order for the law to be effective. Also the policies and programs made at
the top takes a long time to percolate to the bottom and there is an urgent need of
sharing information and resources.

 The awareness on laws and access to justice remains dismal. At the district and the
state level sensitivity on women rights among judicial officers, administration and the
police is very low. This leads to a situation where the implementation of the law
becomes difficult.  Recently India has increased its budgetary support for the
implementation of various laws on violence against women and it becomes
increasingly more important for the organization like Shakti Vahini to work on
governance specially related to women and children issues. The National Legal
Research Desk (NLRD) has been instituted to strengthen the implementation of the
laws related to Women and Children in India. NLRD focuses on documenting the
recent changes in the law, collect and compile the Recent Landmark Judgments of the
Supreme Courts of India & the High Courts and ensure wide scale dissemination of the
same through the government and the non government machinery. The NLRD will
work with Law Enforcement Agencies, Police Academies, Judicial Agencies,
Government Agencies, Statutory Agencies, NGOs, Civil Society and Mass Media on
promoting Access to Justice for Women and Children. The NLRD website is a
knowledge Hub for compilation of all Laws, Judgments and Resource materials on
Violence against Women and Children in India. In the first phase (2012) it will focus
on the laws related to Human Trafficking, Domestic Violence, Juvenile Justice, Rape
Laws, PCPNDT Act , Honor Crimes and Victim Compensation.

After that, Smt.Vardhineedi Sujatha, Ex-Chairman, Pithapuram Municipal

Corporation, shared her views as follows:
Social change 'is an inevitable phenomenon of every society because social conditions
never remain static. Social change whether it comes through legislation or through
judicial interpretation indicates the change in accepted modes of life, or perhaps a
better life. The changing pattern does have an impact on the laws and the life of a
given society and law must keep pace with the changing socio-economic trends and
political movements of the society, while at the same time preserving necessary
balance between individual rights and duties. Thus law and justice provide a potential
force for the attainment of a progressive social change.

The exalted status of Indian women in ancient days suffered a setback in the medieval
period. Social economic and political factors played a major role in their suppression.
Social inhibitions and discriminatory practices against them continued to exist during
the 'enlightened' and 'civilised' imperial rule. The leadership of independent
movement was, however, committed to accord an equal status to women and give
them a place of honor, and dignity in the society. Accordingly the constitution - the
fundamental law- as emerged out of the constituent assembly, treated both men and
women equally and also provided for protective discrimination for women in view of
their peculiar position in the human society.
Though the constitution has provided equality of both the sexes man and women but
biological condition of the female and developed sense of subordination demand extra
protection for them. The reason is that "women's physical structure and the
performance of certain functions place her at a disadvantage in the struggle for
subsistence and her physical well-being becomes an object of public interest and care
in order to preserve the strength and vigour of the race. Thus the law and justice
demands additional privileges and safeguards for maintaining proper socio-legal
status of women in the society.

After the speeches of Honorable Guests, our resource person Smt. Sangeetha
provided the information on The Protection of woman against sexual harassment at
work place bill, 2010.

The Bill lays down the definition of sexual harassment and seeks to provide a
mechanism for redressing complaints.  It provides for the constitution of an ‘Internal
Complaints Committee’ at the work place and a ‘Local Complaints Committee’ at the
district and block levels.  A District Officer (District Collector or Deputy Collector),
shall be responsible for facilitating and monitoring the activities under the Act.

Highlights of the Bill

 The Bill defines sexual harassment at the work place and creates a mechanism
for redressal of complaints.  It also provides safeguards against false or
malicious charges.

 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 Rs 50,000.  
Repeated violations may lead to higher penalties and cancellation of license or
registration to conduct business.

Key Issues and Analysis

 There could be feasibility issues in establishing an Internal Complaints

Committee at every branch or office with 10 or more employees.

 The Internal Complaints Committee has been given the powers of a civil court. 
However, it does not require members with a legal background nor are there
any provisions for legal training.
  The Bill provides for action against the complainant in case of a false or
malicious complaint.  This could deter victims from filing complaints.

 Two different bodies are called ‘Local Complaints Committee’.  The Bill does
not clearly demarcate the jurisdiction, composition and functions of these
Committees.

 Cases of sexual harassment of domestic workers have been specifically

excluded from the purview of the Bill.

 Unlike sexual harassment legislation in many other countries, this Bill does not
provide protection to men.

The Bill lays down the definition of sexual harassment and seeks to provide a
mechanism for redressing complaints. It provides for the constitution of an ‘Internal
Complaints Committee’ at the work place and a ‘Local Complaints Committee’ at the
district and block levels. A District Officer (District Collector or Deputy Collector),
shall be responsible for facilitating and monitoring the activities under the Act.

Prohibition of Sexual Harassment at the Work Place

 Sexual harassment is defined to include unwelcome sexually determined

behaviour such as physical contact, request for sexual favours, sexually
coloured remarks, screening of pornography, or any other conduct of sexual
nature.

 The Bill prohibits sexual harassment at the work place which may include
promise of preferential treatment, threat of detrimental treatment, hostile
work environment, or humiliating conduct constituting health and safety
problems.

 The Bill defines a work place to include all organizations, and any place visited
by an employee during the course of work. It covers every woman at the work
place (whether employed or not) except a domestic worker working at home.
It defines employer as the person responsible for the management, supervision
and control of the work place.

Duties of the employer

 The Bill assigns certain duties to each employer. These include (a) providing a
safe working environment; (b) constituting an Internal Complaints Committee
and conspicuously displaying the order constituting the Committee; (c)
undertaking workshops and training programmes at regular intervals for
sensitizing employees; (d) providing assistance during an inquiry; and (e)
initiating action against the perpetrator.
Structure for redressal of complaints

 Every employer is required to constitute an ‘Internal Complaints Committee’ at

all offices and branches with staff strength of 10 or more employees. Members
of the committee shall include a senior woman employee, two or more
employees and one member from an NGO committed to the cause of women. A
member of this Committee may not engage in any paid employment outside
the duties of the office.

 A ‘Local Complaints Committee’ is required to be constituted in every district.

An additional ‘Local Complaints Committee’ shall also be constituted at the
block level to address complaints in situations where the complainant does not
have recourse to an Internal Complaints Committee or where the complaint is
against the employer himself.

 The ‘Local Complaints Committee’, to be constituted by the District Officer,

shall include an eminent woman as the Chairperson, a woman working in the
area, two members from an NGO committed to the cause of women, and a
Protection Officer appointed under the Protection of Women from Domestic
Violence Act, 2005.

 At least 50 percent of the nominated members in any Internal or Local

Committee must be women.

Procedure for filing complaints and initiating inquiry

 An aggrieved woman may complain to the Internal Committee. In the absence

of such a committee, she may file a complaint with the Local Committee. All
complaints must be in writing. The complainant may also pursue other
remedies, including filing a criminal complaint.

 The Committee shall provide for conciliation if requested by the complainant.

Otherwise, the Committee shall initiate an inquiry.

Penalties and appeal

 If the allegation is proved, the Committee shall recommend penalties for sexual
harassment as per service rules applicable or the Rules under the Act. In
addition, it may provide for monetary compensation to the complainant.

 If the allegation is proved to be false or malicious, the Committee may

recommend action against the complainant. However, action may not be taken
against a complainant merely on the inability to substantiate a complaint or
provide adequate proof.

 Appeals against the recommendations of either Committee shall lie with the
courts.
  Penalties have also been prescribed for employers who fail to comply with the
provisions of the Act. Non-compliance shall be punishable with a fine of up to
Rs 50,000. Repeated violations may lead to higher penalties and cancellation of
license or registration required for carrying on the business.

After that, our student Mr. Ramakrishna had expressed his views, that Theory is
entirely different from practice, in practice, we have to make our own judgment on the
situations prevailed at that time. Every women should be literate to attain
empowerment. With one literate woman a family can develop in a better way.

Empowerment should start from our door steps. In now a days also parents thought
that, “ I will make my son as an engineer and I will make my daughter a bride”. There
is a need to change this type mentalities to gain 100% empowerment.
The Program was attended by the following dignitaries

Honorary President
Smt Vanga Geetha Viswanath, M.L.A
Pithapuram Constituency

President
Dr. G .Satyanarayana M.S.W., M.L., Ph.D., LLD., (Law)
Principal, RS.R. Law College,Kakinada

Honorable Guests
Sri P.N.Murthy, M.P.D.O
Sri G.S.J.Rajababau, Retd. D.S.P, Eluru division
Smt. Vardheneedi Sujatha, Ex-Chairman, Pithapuram
Sri. Immanuel, Principal, 7th Adventist School, Pithapuram

Resource Persons (Lecturers)

Smt. Sangeetha
Sri D. Satyanarayana
Smt. Prameela
Smt. Swapna
 In view 0f the practical study, legal literacy camp conducted on the Topic of
“Women empowerment – Role of Judiciary” held at 7th Day Adventist School,
Near Maadapuram Railway Gate, Pithapuram.
PRESS CLIPPINGS
Vote of Thanks :

Mr. Gurunath has given vote of thanks to one and all

who came all the way and spending their valuable time in participating in the
seminar on “Women Empowerment – Role of Judiciary”.

Finally the awareness in legal Awareness seminar was Concluded by the

reciting the National Anthem by all the participants.

Report Submitted by:

K.Ramesh

L.L.B - Final Year

2010-2013
Regd.No.510159401025