Women

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a.

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex


Selection) Act, 1994

1. Purpose of the Act:

The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994,


was enacted to curb female foeticide and eliminate gender discrimination in
India. The Act prohibits sex selection before or after conception and regulates
diagnostic techniques to prevent their misuse for sex determination.

2. Key Provisions:

• Prohibition of sex selection: The Act prohibits any kind of sex selection or
determination before or after conception.

• Regulation of diagnostic centers: It mandates the registration of all genetic


counseling centers, genetic laboratories, and clinics.

• Punishments: Violations of the Act result in imprisonment (up to five years)


and fines (up to ₹50,000 for first offenses).

3. Regulatory Mechanisms:

• The Act establishes Appropriate Authorities at both state and district levels to
implement and monitor compliance.

• Advisory Committees are also created to assist the Appropriate Authorities.

4. Judicial Intervention and Case Laws:

In Voluntary Health Association of Punjab v. Union of India (2013), the Supreme


Court issued directions for strict implementation of the PCPNDT Act, including
the maintenance of records by ultrasound clinics. The Court also highlighted the
need to spread awareness of the Act’s provisions to tackle the problem of sex-
selective abortions effectively.

5. Challenges:

Despite the Act, female foeticide and skewed sex ratios persist in certain parts of
India due to cultural preferences for male children. Poor enforcement and the
clandestine nature of violations are significant hurdles.

6. Recent Amendments and Developments:

The Act has undergone several amendments, particularly in 2003, to address


loopholes and tighten the regulations regarding pre-natal diagnostic techniques.
Public awareness campaigns have been implemented to promote gender equality
and respect for girl children.

b. Indecent Representation of Women (Prohibition) Act, 1986

1. Objective of the Act:

The Indecent Representation of Women (Prohibition) Act, 1986 aims to prohibit


the indecent representation of women through advertisements, publications,
writings, paintings, and other forms, thereby preventing the objectification and
exploitation of women.

2. Key Provisions:

• Indecent representation: The Act defines “indecent representation” as any


portrayal of a woman’s body in a way that is offensive, derogatory, or likely to
corrupt public morality.

• Prohibited content: It bans the production, circulation, or distribution of


material that promotes the indecent portrayal of women.

3. Enforcement Mechanism:

• Penalties: Offenders may face imprisonment of up to two years and fines up to


₹2,000 for the first offense. Repeat offenders may face stricter punishments,
including imprisonment of up to five years.

• The Act authorizes police officers to seize any materials that are in violation of
its provisions.

4. Judicial Interpretation:

The Supreme Court in Ranjit Udeshi v. State of Maharashtra (1964) emphasized


the need to balance artistic freedom with public morality, a principle relevant to
interpreting the Indecent Representation of Women Act. Although this case
predated the Act, it is often cited in discussions about obscenity and
representation.

5. Challenges and Loopholes:

The Act has been criticized for its vague definition of “indecent representation,”
which can be subject to varying interpretations, thus limiting its effectiveness.
Moreover, with the rise of digital media, enforcement has become more complex.

6. Proposed Amendments:
In 2012, amendments were proposed to widen the scope of the Act, including
addressing indecent representation in electronic and digital media, and increasing
penalties to strengthen enforcement.

c. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and


Redressal) Act, 2013

1. Background:

The Sexual Harassment of Women at Workplace Act, 2013, was enacted following
the landmark Vishaka v. State of Rajasthan (1997) case, where the Supreme
Court laid down guidelines to prevent sexual harassment at the workplace,
commonly known as the Vishaka Guidelines.

2. Definition of Sexual Harassment:

The Act defines sexual harassment broadly to include physical contact, unwelcome
advances, sexually colored remarks, showing pornography, or any other
unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

3. Key Provisions:

• Internal Complaints Committee (ICC): All workplaces with 10 or more


employees are required to constitute an Internal Complaints Committee to
handle complaints of sexual harassment.

• Time-bound Inquiry: The ICC must complete the inquiry within 90 days, and
the report must be submitted to the employer or district officer within 10 days
after the inquiry concludes.

4. Redressal Mechanism:

• If the ICC finds that the allegations are proven, it recommends actions like
written apologies, reprimands, or termination of employment. Compensation
may also be awarded to the aggrieved woman.

• District Officers are empowered to oversee compliance in workplaces without


a formal structure.

5. Significant Case Laws:

In Medha Kotwal Lele v. Union of India (2013), the Supreme Court reinforced the
need for proper implementation of the Vishaka Guidelines and directed state
governments to ensure the constitution of ICCs at workplaces.
6. Challenges:

There is often poor awareness and implementation of the Act, especially in small and
unorganized sectors. Fear of retaliation and victim-blaming further deter women
from reporting harassment.

d. Immoral Traffic (Prevention) Act, 1987

1. Objective of the Act:

The Immoral Traffic (Prevention) Act, 1956 (ITPA), also known as the SITA Act,
was amended in 1986 to combat human trafficking and prostitution. The Act
focuses on the prevention of trafficking for commercial sexual exploitation and
provides for rehabilitation of the victims.

2. Key Provisions:

• Criminalization of soliciting: The Act criminalizes soliciting in public places,


managing brothels, and living off the earnings of prostitution.

• Protection of minors: Special provisions exist for the protection of minors and
the rescue of children and women trafficked for sexual exploitation.

3. Rescue and Rehabilitation:

• The Act provides for the establishment of Protective Homes for the
rehabilitation of victims of trafficking and prostitution.

• Police are empowered to conduct raids on premises suspected of engaging in


prostitution and rescue victims.

4. Judicial Interpretation:

In Gaurav Jain v. Union of India (1997), the Supreme Court stressed the need for
rehabilitation measures for women involved in prostitution and highlighted the
role of society in assisting their reintegration.

5. Challenges:

Despite the law, trafficking continues to be a significant problem in India. Victims


often face social stigma and a lack of proper rehabilitation. Furthermore, there is
debate on whether criminalizing certain aspects of prostitution further
marginalizes already vulnerable groups.

6. Proposed Reforms:
There have been calls to shift the focus of the law from criminalizing sex work to
addressing the root causes of trafficking and strengthening the rehabilitation
framework for victims.

e. Family Courts Act, 1984

1. Objective of the Act:

The Family Courts Act, 1984, aims to establish family courts for the speedy
resolution of disputes relating to marriage, divorce, child custody, and other
family matters. The Act intends to provide a less formal and more conciliatory
environment for family dispute resolution.

2. Establishment of Family Courts:

• Family courts are set up by state governments in consultation with the High
Court. These courts are to be established in cities or areas with populations
exceeding one million.

• Judges of family courts are required to have experience in family law and are
encouraged to take a conciliatory approach to dispute resolution.

3. Jurisdiction:

Family courts have jurisdiction over cases related to marriage, divorce, maintenance,
child custody, and guardianship. They can also hear matters concerning the
property of spouses and issues under personal laws (Hindu, Muslim, Christian,
etc.).

4. Procedure:

The procedure in family courts is less formal than in regular courts, with an emphasis
on conciliation. Parties are encouraged to settle disputes amicably, and legal
representation is minimized unless required for justice.

5. Judicial Interpretation:

In K.A. Abdul Jaleel v. T.A. Shahida (2003), the Supreme Court emphasized that
family courts must prioritize reconciliation efforts and promote the settlement of
disputes. The case also underlined the importance of making family courts
accessible and efficient.

6. Challenges:
Family courts in India often face logistical issues such as delays, lack of adequate
infrastructure, and backlog of cases. The emphasis on conciliation sometimes
conflicts with the interests of women seeking justice in cases of domestic
violence or abuse.

These notes provide an overview of key laws related to gender justice and family
welfare in India, touching on legislative intent, key provisions, judicial
interventions, and ongoing challenges for each law.

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