1. PUBLIC HEALTH LAWS IN RELATION TO
WOMAN AND CHILD DEVELOPEMENT
Dr. Ranadip Chowdhury
2nd year PGT
Dept. of Community Medicine
R.G Kar Medical College

2. CHARACTERISTICS OF PUBLIC HEALTH LAWS
 Responsibility of government as a right to
provide adequate health and health services to all
citizens.
 Public health laws protect community health
rather than individual‟s health.
 Public Health contemplates the relationship
between the state and the population.
 Public health laws deals with the delivery of
public services based on scientific
methodologies.
 The laws acts as important guidelines for the
state, community and individuals.

3. WHY PUBLIC HEALTH ACTS FOR WOMEN AND
CHILD DEVELOPMENT
Certain positive things ( WOMEN DEVELOPMENT):
 Life expectancy increased
 Sex ratio increased
 Literacy level increased
 Median age of pregnancy increased
 Maternal mortality decreased
 Contraceptive prevalence increased
 ANC check-up increased
 Institutional delivery increased
 Exposure to mass media increased
 Women employment increased
BUT STILL…
 ILLEGAL ABORTION
 FEMALE FOETICIDE
 DOWRY DEATH
 INCIDENTS OF SATI
 IMMORAL TRAFFICKING

4. Certain positive things ( CHILD DEVELOPMENT):
 IMR decreased
 Vaccination coverage increased
 No. of children breastfed in one hr of birth increased
BUT STILL…
 Child labor
 Child abuse
 Early marriage of child
 Right to Education of children is being
compromised.

5. LEGISLATION FOR WOMEN EMPOWERMENT &
HEALTH
 The Medical Termination of Pregnancy (MTP) Act, 1971
 The Maternity Benefit Act, 1961
 The Family Court Act, 1984
 The Dowry Prohibition Act, 1961
 The Commission of Sati Act, 1987
 The Immoral Traffic Act,1956
 The Protection of Women from Domestic Violence Act,2005

6. THE MEDICAL TERMINATION OF PREGNANCY
(MTP) ACT, 1971
 This law provides the liberalized conditions for
women to seek abortion and for doctors to do it.
Following conditions are mentioned in the law
when a pregnant woman can speak the facility of
abortion:
 THERAPEUTIC
 SOCIAL
 HUMANITARIAN
 EUGENIC
 MENTALLY NOT SOUND

7. COMMENTS
 According to government estimates, 8.9 per cent of maternal deaths
in India every year are caused by unsafe abortions.
 A recent international report had said that only two in five of the
estimated 6.4 million abortions that take place annually in India are
safe.
 It should be noted that it is still illegal in India to acquire medical
abortion drugs without a prescription, although studies suggest that
over-the-counter sales of the drugs is common practice.
 Implementation of the MTP Act has been slow and geographically
uneven.
 In one rural, community-based study in Vellore District of Tamil
Nadu, it was found that 84 percent out of the 195 women knew
where to get an abortion, but only 13.8 percent knew they were
conducted by doctors.

8. WHY PREGNANT WOMEN ARE GOING FOR
ABORTION???
 Financial reasons.
 Already having too many children or having too many female children.
 Becoming pregnant after too short a birth interval.
 Experiencing health problems during pregnancy.
 Becoming pregnant at an older age.
 Becoming pregnant soon after marriage.
 Suspecting husband‟s infidelity.
 Having an pregnant as a result of rape

9. WHAT CAN BE DONE???
 Raise public awareness to both men and women would
be a logical first step.
 More efficient distribution of resources in existing
medical facilities.
 Remove or substantially reduce the extraneous
paperwork that discourages proper reporting by medical
providers.
 Develop incentives for doctors to get specific
professional training in the least invasive and safest
methods of conducting abortions.
 Work as advocates to make the public health system
accountable to the millions of people for whom it is
supposed to be designed, with a special consideration for
the rights of the poor.

10. THE MATERNITY BENEFIT ACT, 1961
This Act is to protect and empower women as
workers. To prevent unfair employment practices
and exploitation of women in the labor market
and to safe guard the health and well being of the
mother and child it is essential provide maternity
protection to working women.

11. COMMENTS
 According to this Act every woman is entitled to
payment of maternity benefit for a total of 12 wks
i.e. six wks before delivery including the date of
delivery and six wks after delivery. (Does this
break up is necessarily helpful??)
 No woman shall be entitled to maternity benefit
unless the woman worked for more than 80 days
in the 12 months immediately preceding the
date of her expected delivery. (SEC 5)
 In case of tubectomy, a woman shall be entilted to
leave with wages at the rate of maternity benefit for
a period of 2 wks immediately after operation.(
Sec9) ( Is 2 wks leave is necessary after
tubectomy??)

12. THE FAMILY COURT ACT, 1984
 The Family Act provides for establishment of family
courts by the state governments to promote reconciliation
and secure speedy settlements of disputes relating to
marriage and family affairs.
 Family court deals with
 Decree for nullity of marriage
 Restoration of conjugal right
 Judicial separation
 Divorce
 Declaration of marital status of any person
 Matrimonial property matters
 Claim of maintenance
 Guardianship
 Custody of children
 Access to children
 Application for injunction in matrimonial matters.

13. COMMENTS
ADVANTAGES:
 Speedy Justice And Saving From The Lengthy Court
Procedures
 Justice At No Cost
 Solving Problems Of Backlog Cases
 Maintenance Of Cordial Relations
PROBLEMS:
 Absence of Lawyer
 Sustaining Rights Lacking

14. THE DOWRY PROHIBITION ACT, 1961
This Act is to prohibit the giving or taking of dowry.
In this Act dowry means any property or valuable
security given or agreed to be given either directly
or indirectly by one party to the other party to the
marriage; or by the parents of either party to a
marriage or by any other person ; at or before or
any time after marriage but does not include dower
or mahr in the case of persons to whom the Muslim
Personal Law (Shariat) applies.

15. COMMENTS
 If any person gives or takes or abets the giving or
taking of dowry not less than 5 years and with
fine which shall not be less than Rs.15,000 or the
amount of the value of such dowry, whichever is more
 If any person demands, directly or indirectly, from the
parents or other relatives or gurdian of a bride or
bridegroom, as the case may be, any dowry
not less than 6 months but which may be
extend to 2 years and with fine which may extend to
Rs.10,000.

16. 0
1000
2000
3000
4000
5000
6000
7000
8000
9000
2005 2006 2007 2008 2009
Dowry Death 6787 7618 8093 8172 8383
AxisTitle
Dowry Death in India

17. WHY IS THE PROBLEM??
 Age at marriage
 Teenage pregnancy
 Literacy rate of women INDIVIDUAL
 Unemployed women LEVEL
 Exposure of women to mass media
 Unemployed men
 Per capita income
 Spousal violence FAMILY
 Women’s decision LEVEL
 Microfinance
 Alcohol use
 Sex ratio
 Crime COMMUNITY
 Crime against women LEVEL

18. THE COMMISSION OF SATI ACT, 1987
This Act is to provide for the more effective
prevention of the commission and glorification of
Sati and for matters connected therewith or
incidental thereto.

19. COMMENTS
 There are two different types of punishment for one
who attempts to commit sati (imprisonment for
a term which may extend to six months with or
without fine or both) and another who does any
act for the glorification of sati (imprisonment for
a term which shall not be less than one year but
which may extend to seven years and with fine
which shall not be less than Rs.5000 but which
may extend to Rs. 30000)
 The State Government may remove any temple or
other structure which has been in existence for not
less than 20 years. (WHY 20 YEARS??)

20. A Case: Mrs Kuttu Bai, aged 65 years, was reported to
have thrown herself on the funeral pyre of her
deceased husband, Mallu Bai at Tamali Patna, of
Panna district, Kerela.(2009)
There are many such cases were there in MP, Bihar
Rajasthan.
WHY?
 Lack of Education and awareness.
 Problem in practical administration of the law.
 Inattentiveness of the police.

21. THE IMMORAL TRAFFIC ACT,1956
This Act is to provide in pursuance of the
International Convention signed at New York on 9th
day of May 1950 for prevention of immoral traffic.

22. COMMENTS
 Definition of child and minor is confusing with other
laws.
 According to NHRC Report on Trafficking in Women
and Children, in India the population of women and
children in sex work in India is stated to be between
70,000 and 1 million of these, 30% are 20 years of
age. Nearly 15% began sex work when they were
below 15 and 25% entered between 15 and 18
years.
 A rough estimate prepared by an NGO called End
children’s prostitution in Asian Tourism reveals that
there are around 2 million prostitutes in India. 20%
among them are minors.

23. WHY IS THE PROBLEM??
 SUPPLY FACTORS
 Poverty
 Female
 Foeticide / Infanticide
 Child marriage
 Natural Disasters
(floods, cyclones etc.)
 Domestic violence
 Unemployment
 Lure of job / marriage with
false promises
 Domestic servitude
 Traditional / Religious
prostitution (Devdasi)
 Lack of Employment
opportunities
 DEMAND FACTORS
 Migration
 Hope for jobs / marriage
 Demand for cheap labour
 Enhanced vulnerability due
to lack of awareness
 Creation of need and
market by sex traffickers
for „experimental‟ and
„tender‟sex.
 Sex tourism
 Internet pornography
 Organized crime generating
high profits with low risk
for traffickers.
•SUPPLY FACTORS
• Poverty
• Female
• Foeticide / Infanticide
• Child marriage
• Natural Disasters
(floods, cyclones etc.)
• Domestic violence
• Unemployment
• Lure of job / marriage
with false promises
• Domestic servitude
• Traditional / Religious
prostitution (Devdasi)
• Lack of Employment
opportunities
•DEMAND FACTORS
•Migration
•Hope for jobs / marriage
•Demand for cheap labour
•Enhanced vulnerability due to
lack of awareness
•Creation of need and market
by sex traffickers for
‘experimental’ and ‘tender’ sex.
•Sex tourism
•Internet pornography
•Organized crime generating
high profits with low risk for
traffickers.

24. THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT,2005
This Act is an extremely progressive one not only
because it recognizes women who are in a live-in
relationship but also extends protection to other women
in the household, including sisters and mothers thus the
act includes relations of consanguinity, marriage, or
through relationships in the nature of marriage, adoption
or joint family thus, „ domestic relationships‟ are not
restricted to the marital context alone. In fact the Act has
given a new dimension to the word abuse whether
physical, sexual, verbal, economic and harassment by
way of dowry of demands and thus, under the new law.

25. COMMENTS
 Harassment by way of unlawful dowry demands
on the woman or her relatives also comes under
this definition. (Importance of The Dowry
Prohibition Act is hampered?)
 Is it justifiable that a woman would live under
the same roof with the man while fighting him
in the court?
 Verbal Violence: Does the act say in way?
 According to NFHS-3 37.2% of the ever
married women experience spouse violence.
Among the highest prevalent states of domestic
violence are Bihar, MP, Rajasthan.

26. WHY THE PROBLEM???
CULTURAL CAUSES:
 Gender-specific socialization
 Cultural definitions of appropriate sex roles
 Expectations of roles within relationships
 Belief in the inherent superiority of males
 Notion of the family as the private sphere and under male
control
 Customs of marriage (bride price/dowry)
 Acceptability of violence as a means to resolve conflict
ECONOMIC CAUSES:
 Women‟s economic dependence on men
 Limited access to cash and credit
 Limited access to employment in formal and informal sectors
 Limited access to education and training for women

27. LEGAL CAUSES:
 Low levels of legal literacy among women
 Insensitive treatment of women and girls by police and judiciary
POLITICAL CAUSES:
 Under-representation of women in power, politics, the media and
in the legal and medical professions
 Domestic violence not taken seriously
 Notions of family being private and beyond control of the state
 Limited organization of women as a political force
 Limited participation of women in organized political system

28. LEGISLATION FOR CHILD
PROTECTION & HEALTH
 THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC
TECHNIQUES ACT,1994
 THE INFANT MILK SUBSTITUTES, FEEDING BOTTLES
AND INFANT FOODS ACT,1992
 THE JUVENILE JUSTICE ACT, 2000
 THE CHILD LABOR ACT,1986
 THE CHILD MARRIAGE RESTRAINT ACT, 1929
 THE RIGHT TO EDUCATION ACT,2008

29. THE PRE-CONCEPTION AND PRE-NATAL
DIAGNOSTIC TECHNIQUES ACT,1994
This Act was enacted for the prohibition of sex
selection, before or after conception and for
regulation of pre-natal diagnostic techniques for
the purposes of detecting genetic abnormalities
or metabolic disorders or chromosomal
abnormalities or certain congenital
malformations or sex linked disorders and for
the prevention of their misuse for sex
determination leading to female feticide.

30. COMMENTS
 Criteria for conducting prenatal diagnostic test (ANY
OTHER CONDITION AS MAY BE SPECIFIED BY
CENTRAL SUPERVISORY BOARD) (SEC 4.3)
 No person shall conduct the pre-natal diagnostic
procedures unless (A COPY OF HER WRITTEN
CONSENT OBTAINED IS GIVEN TO THE
PREGNANT WOMAN) (SEC 5.1)
( NO PERSON SHALL COOMUNICATE TO THE
PREGNANT WOMAN CONCERNED OR HER
RELATIVES OR ANY OTHER PERSON THE SEX
OF THE FETUS BY WORDS, SIGNS, OR IN ANY
OTHER MANNER) (SEC 5.1)

31.  The central supervisory board shall consist of- ( NO
RADIOLOGIST) (SEC 7)
 Appropriate authority for State Government and
Advisory Committee for each Appropriate authority.
 Child (0-6 yrs) sex ratio has been declined from 927
in 2001 to 914 in 2011 census in India.
 States like Haryana(830), Punjab(846), J&K(859)
are the worst.

32. WHERE IS THE PROBLEM
 Lack of proper monitoring.
 Too many authorizing board but lack of co-
ordination between them.
 Lack of awareness among the population who
deserve most.
 If proper actions are taken against the violator; it
is not properly publicized so that people further
not to take any illegal step.
 Unethical practice among some doctors.
 ILLETERACY AND LACK OF DECISION
MAKING

33. THE INFANT MILK SUBSTITUTES, FEEDING
BOTTLES AND INFANT FOODS ACT,1992
This Act is to provide for the regulation of
production, supply and distribution of infant
milk substitutes, feeding bottles and infant foods
with view to the protection and promotion of
breast feeding and ensuring the proper use of
Infant foods and for matters connected therewith
or incidental thereto.

34. COMMENTS
 7.3% BREASTFEEDING children consume infant formula as
compared to 12.7% Non-BREASTFEEDING children
0.7
4.4
3.1
21.7
6.2
27.3
10
28.9
11.9
30.1
8.7
19.1
7.2
13.5
6.1
9.9
0
5
10
15
20
25
30
35
(%)
<2 2-3 4-5 6-8 9-11 12-17 18-23 24-35
age in mmmonths
BF Non-BF

35.  Market Analysis 2011 – the infant formula
market growing rapidly and Asian market is
fastest developing and is also the largest (53%)
 55% of Indian children less than 4 months of
age are exclusively breast fed, 23%
predominantly breast fed and 20% receive
supplements along with breast milk.

36. SEC.6 GAVE
DIRECTION
THAT SUCH
CONTAINER
OF INFANT
FOODS AND
MILK
SUBSTITUTE
S MUST
AFFIX
LABEL
CLEARLY
WRITTEN IN
LOCAL
LANGUAGE
THAT ‘
MOTHER’S
MILK IS
BEST FOR
YOUR BABY’
AND A
WARNING
SIGN IF USED
REPLACING
MOTHER’S
MILK.

37. WHERE IS THE PROBLEM
 Lack of awareness
 False belief that infant feeding formula is much
superior than breast milk for child development.
 False belief that breast milk is not adequate for
baby‟s hunger.
 Lack of awareness regarding proper attachment
of the baby during breast feeding.
 Social belief.
 ILLETERACY AND LACK OF DECISION
MAKING

38. THE JUVENILE JUSTICE ACT, 2000
It is the responsibility of state to look into the
problem of juvenile social maladjustment and
make special efforts to mobilize all possible
resources of the family, the community and
social organization for rehabilitation and
betterment of juvenile future. Any juvenile, who
is likely to be abused, exploited and inducted
into criminogenic life and is in need of legal
support to be appropriately rehabilitated.

39. COMMENTS
 Neglected juvenile means-who is being abused or
exploited. (Definition of abused??)
Emotional Abuse and Girl Child Neglect
 Equal percentage of both girls and boys reported
facing emotional abuse.
 In 83% of the cases parents were the abusers.
 48.4% of girls wished they were boys.

40. Physical Abuse
 Two out of every three children were physically abused.
 Out of those children physically abused in family
situations, 88.6% were physically abused by parents.
 65% of school going children reported facing corporal
punishment.
 50.2% children worked seven days a week.
Sexual Abuse
 53.22% children reported having faced one or more
forms of sexual abuse.
 Children on street, children at work and children in
institutional care reported the highest incidence of sexual
assault.
 50% abuses are persons known to the child or in a
position of trust and responsibility.

41. THE CHILD LABOR ACT,1986
The Child labor ( Prohibition and Regulation) Act is
to prohibit the engagement of children in certain
employments and to regulate the conditions of work
of children in certain other employments.
It is illegal to employ children below 14 year for
domestic work or as domestic servant, or in dhabas
(road side
eateries), restaurants, hotels, motels, tea-
shpos, resorts, spas, and other recreational
centres.

42. COMMENTS
 Every child employed in an establishment shall be
allowed in each week, a holiday of one whole day.
 Every occupier of establishment in which a child is
employed shall, within a period of 30 days from such
commencement send to the Inspector, a written notice
about the child. (Sec9)
 According to UNICEF more than 10% of labor force
constitutes children in India
 According to ILO 1/3rd rural children & 1/8th urban
children aged between 10 -14 yrs in India are at work.
 Child labor contributes 20% of India’s GNP.
 Number of child labor is equal to the number of
unemployed adults in the country.

43. WHERE IS THE PROBLEM???
 The socio-economic backwardness.
 Poverty.
 Illiteracy.
 Unemployment.
 Demographic expansion.
 Deep social prejudices.
 Government apathy.
 Customs.
 Traditional attitude.
 Lack of school or reluctance of parents to send their children to
school.
 Urbanization.
 Industrialization.
 Migration.

44. THE CHILD MARRIAGE RESTRAINT
ACT, 1929
 This Act is expedient to restrain the solemnization of
child marriage.
 This act also applies to all citizens of India without and
beyond India.
COMMENTS
 No woman shall be punishable with imprisonment.(sec
7)
 Age of child marriage differs from The Juvenile Justice
Act, The Child Labor Act, The Railways Act.
 Recently a study by Boston University School of Public
Health (BUSPH) found that 44.5 percent of women ages
22 to 24 were married before age 18. More than one in
five – 22.6 percent – were married before age 16, while
2.6 percent were married before age 13.

45.  A study conducted by UNICEF in South Asia explored
an interesting data that 55% of children of urban India
married under 18 years in contrast to 26% of children of
rural India.
 AN INTERESTING CASE
Rajasthan, India: The custom survives
of giving very small children away in
marriage.
On the auspicious day of Akha Teej,
the mass solemnization of marriages
between young boys and girls is performed.
From the parents’ point of view, this is the
tried
and tested way of organizing the passing on of
property and wealth within the family. A
small but significant proportion of the

46. WHERE IS THE PROBLEM???
 Early marriage as a strategy for economic
reasons
 Marriage alliances and traditions
 Early marriage as a way to ensure the protection
of girls
 Control over sexuality and protecting family
honour
 Gender inequality

47. THE RIGHT TO EDUCATION ACT,2008
 This Act shall provide free and compulsory
education to all children between the ages 6-14
through a law that it may determine.
 This bill while unable to legislate for the common
school concept of the Kothari Commission
nevertheless defines a minimum school.

48. COMMENTS
 There should be 25% reservation of children from
deprived sections from their neighborhoods.
 Only six out of 28 states and the seven Union territories
have notified the Act. The six states are
Sikkim, Orissa, Manipur, Arunachal Pradesh, Andhra
Pradesh and Rajasthan.
 Challenge from Private School: The schools say the
RTE law violates their fundamental right to a livelihood.
They have objected to provisions such as the requirement
for each school to have a playground and the ban on
expelling students till class VIII.

49. WOMEN IN THE LABOR FORCE IN INDIA
 According to a recent survey women were 31.6%
of all workers.
 Women are an estimated 38.2% of all economically
active individuals.
 Of women that work in the labor force, only 20%
work in urban areas.
 Women earn 66% of men’s salary for equal work.
 26.2% of women compared to 9.0% of men cited a
lack of role models as a barrier to advancement.

50. LEGISLATION RELATED TO OCCUPATIONAL
HEALTH FOR WOMEN PROTECTION
 Mica mines Labor Welfare Fund Act 1946
 Limestone and Dolomite mines Labor Welfare Fund Act
1972
 Bidi Workers Welfare Fund Act 1976
 Iron, Manganese, Chrome ore mines Labor Welfare Fund
Act 1976
 It is compulsory to appoint a woman member in the
advisory Committee.
 The Factories Act 1948:
 Prohibition of employment of woman in hazardous occupations.
 Maternity leave for 12 weeks.
 Separate toilets and washing facilities for male and female workers.
 Provision of creches where 50 or more women are employed.

51.  ESI Regulation,1950: Claims for maternity benefit
becomes due on the date of issue of medical
certificate for miscarriage, confinement, premature
delivery or pregnancy related illness.
 The Plantation Labor Act,1951: Working mothers
are to be given time off, during duty hours, for
breastfeeding children. Provision of crèches where
50 or more women are employed.
 The Mines Act, 1952: Prohibition of employment of
women in underground mines which is more risk to
health.
 The Maternity Benefit Act,1961:
 MATERNITY BENEFIT TO BE ALLOWED ON
SUBMISSION OF MEDICAL CERTIFICATE.
 CASH BENEFIT.

52.  The Bidi and Cigar Workers Act,1966:
Provision of crèches where 50 or more women are
employed.
 The contract Labor Act 1970:
 Provision of crèches where 20 or more women are
employed.
 Female employee (except midwives and nurses) should
not be required to work beyond nine hours between 7pm
and 6am (2005 AMENDMENT BY SUPREME
COURT WOMEN CAN WORK NIGHT SIHFT IF
SECURITY IS ENSURED)
 Equal Remuneration Act 1976: Payment of
equal remuneration to male and female workers.
 The Inter-State Migrant Workmen Act 1979

53. COMMENTS
 According to child labour laws, a young person can be
in the labour market from the age of 14 years on, but the
Trade Unions Act denies the right of membership of a
trade union to a worker below the age of 18 years and the
right of being an office bearer until the age of 21 years.
 There is hardly any regulation of conditions of work and
no provision for social security of any kind for the
workers working in establishments employing less than
ten workers.
 India does not have a publicly funded social security
scheme, with three exceptions
 The Payment of Gratuity Act (1972)
 The Employees' Pension Scheme
 The employees‟ provident funds

54.  According to NCEUS legislation concerning working
conditions “technically” covered 2.5-3.9% of the total
labour force; laws concerning wages and remuneration
5.2-10.5%, with the relatively positive exception of the
Minimum Wages Act (38.1%), and laws concerning
social security covered 2.2-3.7% of the labour force.
 There is neither minimum income guaranteed nor special
employment protection during sick leave in ESI Act.
 Health and safety legislation is rare, except for the
Factories Act.
 No Public Health Acts in relation to sexual harassment in
India.
 The Indecent Representation of Women (Prohibition) Act
(1987)
 Art. 16 of the Constitution

55. TO CONCLUDE THAT ALTHOUGH THERE ARE
SEVERAL PUBLIC HEALTH ACTS IN
EXISTENCE BUT
 Lack of awareness,
 Lack of implementation,
 Corruption,
 Lack of infrastructure,
 Inconsistency
 Inadequacy

56. REFERENCE:
 Kishore J. National Health Programs Of India
 NFHS-3
 Health and Development Challenges. WHO
 Boler T, Marston C, Corby N, Gardiner E. Medical abortion in india: a
model for the rest of the world? London: Marie Stopes International, 2009
 Kohli N. Most unsafe abortions in India Hindustan Times New
Delhi, August 09, 2008
 RetheeshBabua G, VeerrajuBabub B. Dowry deaths: a neglected public
health issue in India. International Health 2011;3:35–43
 Khan I . Child trafficking in india: a concern
 DOMESTIC VIOLENCE AGAINST WOMEN AND GIRLS. INNOCENTI
DIGEST. Unicef.2000;6:7
 Child Abuse: INDIA 2007. Ministry of Women and Child Development
Government of India
 Naidu MC, Ramaiah KD. Child Labour in India - An Overview. J. Soc.
Sci2006 13(3): 199-204