Women Rights

Acharya Institute of Technology,
Soladevanahalli
Women Rights
NAME : HANUMANTHE GOWDA N A
Lecturer, Department of Humanities and Law

यत्र नाययस्तु पूज्यन्ते रमन्ते तत्र देवतााः।
यत्रैतास्तु न पूज्यन्ते सवायस्तत्राफलााः
क्रियााः॥
yatra naaryastu puujyante ramante tatra
devataaH ।
yatraitaastu na puujyante sarvaastatraaphalaaH
kriyaaH ॥
The divine are extremely happy where women are
respected;
where they are not, all actions (projects) are

Constitution of India
Preamble
Sovereign, Socialist, Secular, Democratic, Republic
Secure all its Citizens;
Justice: Social, Economic, Political
Liberty of thought, expression, belief, faith &
worship
Equality of Status & Opportunity
Fraternity assuring the Dignity of Individual;
Unity and Integrity of the nation.

Fundamental rights
Right to Equality: 14 – 18
Art. 15(3): Empowers State to make special provision
for women and Children
Right to Freedom: 19 – 22
Art. 19 (a): Freedom of speech & expression
(c) To form association or unions and co-operative
societies
(g) To practice any profession, occupation, trade or
business
Art. 21: Right to life and personal liberty

Right against Exploitation: 23 – 24
Art. 23: Prohibition of traffic in human beings &
forced Labour
Art. 24: Prohibition of employment of children in
factories, mine or other hazardous employment
under 14 years
Art. 25(2)(b): providing for social welfare & reform
or throwing open of Hindu religious institutions
of a public character to all classes and sections of
Hindus

Art. 32: Remedies for enforcement of rights
Supreme Court to issue directions or orders or writs
Art. 226: Power of High Court to issue certain writs
habeus corpus, mandamus, prohibition, quo
warranto and certiorari
Cases: Shah Banu, Vishaka, Mary Roy, Lata Singh,
Royanna Sharma, Suhas Katti, Laxmi, Nirbaya,
Triple Talaaq, Sabrimala

Directive principles of State policy
Art. 38(2): minimize the inequalities in income &
endeavour to eliminate inequalities in status,
facilities & opportunity
Art. 39(a): that the citizens, men & women equally,
have the right to an adequate means of livelihood
(d): there shall be equal pay for equal work for both
men & women
(e): the health & strength of workers, men & women
are not abused to enter avocations unsuited to
their age & strength

Art. 42: State shall secure just & humane
conditions of work & maternity relief
Art. 43: Living wage, etc., for workers, conditions
of work ensuring a decent standard of life and to
promote cottage industries on individual or co-
operative basis
Art. 47: Duty of the state to raise the level of
nutrition & the standard of living & to improve
public health

Fundamental Duties
Art. 51-A(e): to renounce practices derogatory to the
dignity of women
(h) To develop the scientific temper, humanism and
the spirit of inquiry & reform
(k) Parent or guardian to provide opportunities for
education to his child or ward

Never cut the wings of women, let them fly and spread their
fragrance
National Commission for Women
NCW Act, 1990 (31st January 1992)

Vision
The Indian Woman, secure in her home and outside,
fully empowered to access all her rights and
entitlements, with opportunity to contribute equally
in all walks of life.
Mission
To strive towards enabling women to achieve
equality and equal participation in all spheres of life
by securing her due rights and entitlements through
suitable policy formulation, legislative measures,
effective enforcement of laws, implementation of
schemes/policies and devising strategies for solution
of specific problems/situations arising out of
discrimination and atrocities against women

10. Functions of the Commission
(1) The Commission shall perform all or any of the
following functions, namely:—
(a) investigate and examine all matters relating to the
safeguards provided for women under the
Constitution and other law
(b) present to the Central Government, annually reports
upon the working of those safeguards
(c) make in such reports recommendations for the
effective implementation of those safeguards for
improving the conditions of women by the Union or
any State

(f) look into complaints and take suo moto notice
of matters relating to—
(i) deprivation of women’s rights
(ii) non-implementation of laws enacted to provide
protection to women & to achieve the objective
of equality & development
(iii) non-compliance of policy decisions, guidelines
or instructions aimed at mitigating hardships &
ensuring welfare and providing relief to
women, and take up the issues with
appropriate authorities

(g) call for special studies or investigations into
specific problems of discrimination & atrocities
against women & identify the constraints so as to
recommend strategies for their removal
(h) undertake promotional & educational research to
suggest ways of ensuring due representation of
women in all spheres & identify factors
responsible for impeding their advancement, such
as lack of access to housing & basic services
(l) fund litigation involving issues affecting a large
body of women
(k) inspect a jail, remand home or other place of
custody where women are kept as prisoners & take
up remedial action, if found necessary

Dowry Prohibition Act, 1961
Any property or valuable security given or agreed to
be given either directly or indirectly—
(a) by one party to a marriage to the other party to
the marriage; or
(b) by the parents of either party to a marriage at or
before, or any time after the marriage, in
connection with the marriage of the said parties,
but does not include dower or mahr in the case of
persons to whom the Muslim Personal Law
(Shariat) applies.
Excluding Presents given or taken without demand

3. Penalty for giving or taking dowry: If any person,
gives or takes or abets the giving or taking of dowry
- imprisonment - not less than five years and with
fine not less than fifteen thousand rupees or the
amount of the value of such dowry whichever is
more
4. Penalty for demanding dowry: If any person
demands, directly or indirectly, from the parents or
other relatives or guardian of a bride or
bridegroom, as the case may be, any dowry - not be
less than six months, but which may extend to two
years and with fine which may extend to ten
thousand rupees

7. Cognizance of offences
(a) Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence under this Act;
(b)(i) its own knowledge or a police report of the
facts which constitute such offence, or
(ii) a complaint by the person aggrieved by the
offence or a parent or other relative of such
person, or by any recognized welfare institution or
organization
(c) it shall be lawful for a Metropolitan Magistrate or
a Judicial Magistrate of the first class to pass any
sentence authorized by this Act on any person
convicted of an offence under this Act.

8B. Dowry Prohibition Officers.
The State Government may appoint as many Dowry
Prohibition Officers as it thinks fit and specify the
areas with these powers and functions:
(a) to see that the provisions of this Act are complied
with
(b) to prevent, as far as possible, the taking or
abetting the taking of, or the demanding of, dowry
(c) to collect such evidence as may be necessary for
the prosecution of persons committing offences
under the Act

THE SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION
AND REDRESSAL) ACT, 2013
(f) employee - a person employed for any work on
regular, temporary, ad hoc or daily wage basis, either
directly or through an agent, including a contractor,
with or, without the knowledge of the principal
employer
(g) employer – (i) the head of that department,
organization, undertaking, establishment,
enterprise, institution, office, branch or unit or such
other officer as the appropriate Government or the
local authority nominates in this regard.

(n) “sexual harassment” includes any one or more of
the following unwelcome acts or behavior
(whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-
verbal conduct of sexual nature;

o) “workplace” includes — a Government company
or a corporation or a co-operative society or
government funded institution;
(ii) any private sector organization or a private
venture, undertaking, enterprise, institution,
establishment, society, trust, non-governmental
organization, unit or service provider
carrying on commercial, professional, vocational,
educational, entertainment, industrial, health
services or financial activities including
production, supply, sale, distribution or service;
(iii) hospitals or nursing homes

(iv) any sports institute, stadium, sports complex or
competition or games venue, whether residential
or not used for training, sports or other activities
relating thereto;
(v) any place visited by the employee arising out of
or during the course of employment including
transportation by the employer for undertaking
such journey;
(vi) a dwelling place or a house;
3. Prevention of sexual harassment.—(1) No woman
shall be subjected to sexual harassment at any
workplace.

(2) The following circumstances, may amount to
sexual harassment:—
(i) implied or explicit promise of preferential
treatment in her employment; or
(ii) implied or explicit threat of detrimental
treatment in her employment ; or
(iii) implied or explicit threat about her present or
future employment status; or
(iv) interference with her work or creating an
intimidating or offensive or hostile work
environment for her; or
(v) humiliating treatment likely to affect her health
or safety.

4. Constitution of Internal Complaints Committee—
(1) Every employer by an order in writing, constitute a
Committee - “Internal Complaints Committee”
(a) Presiding Officer who shall be a woman employed at
a senior level at workplace from amongst the
employees:
(b) not less than two Members from amongst employees
preferably committed to the cause of women or who
have had experience in social work or have legal
knowledge;
(c) one member from amongst non-governmental
organizations or associations committed to the cause of
women or a person familiar with the issues relating to
sexual harassment:
Provided that at least one-half of the total Members so
nominated shall be women.

9. Complaint of sexual harassment—
(1) Any aggrieved woman may make, in writing, a
complaint of sexual harassment at workplace to
the Internal Committee within a period of three
months from the date of incident
10. Conciliation -
(1) The Internal Committee or the Local Committee,
may, before initiating an inquiry under section 11
and at the request of the aggrieved woman take
steps to settle the matter between her and the
respondent through conciliation

12. Action during pendency of inquiry—
(1) on a written request made by the aggrieved
woman, the Internal Committee or the local
Committee, may recommend to the employer to—
(a) transfer the aggrieved woman or the respondent
to any other workplace
(b) grant leave to the aggrieved woman up to a
period of three months
(2) The leave granted to the aggrieved woman under
this section shall be in addition to the leave she
would be otherwise entitled.

(3) Where the Internal Committee arrives at the
conclusion that the allegation has been proved, it
shall recommend to the employer or the District
Officer—
(i) to take action for sexual harassment as a
misconduct in accordance with the provisions of
the service rules applicable to the respondent.
(ii) to deduct from the salary or wages of the
respondent such sum as it may consider
appropriate to be paid to the aggrieved woman or
to her legal heirs, as it may determine as per
section 15

15. Determination of compensation —the Internal
Committee or the Local Committee, shall have
regard to—
(a) the mental trauma, pain, suffering and emotional
distress caused to the aggrieved woman
(b) the loss in the career opportunity due to the
incident of sexual harassment
(c) medical expenses incurred by the victim for
physical or psychiatric treatment
(d) the income and financial status of the respondent
(e) feasibility of such payment in lump sum or in
installments.

16. Prohibition of publication or making known
contents of complaint and inquiry proceedings –
the identity and addresses of the aggrieved woman,
respondent and witnesses, any information
relating to conciliation and inquiry proceedings,
recommendations of the Internal Committee or the
Local Committee and the action taken by the
employer or the District Officer under the
provisions of this Act
shall not be published, communicated or made
known to the public, press and media in any
manner

17. Penalty for publication or making known
contents of complaint and inquiry proceedings—
Where any person entrusted with the duty to handle
or deal with the complaint, inquiry or any
recommendations or action to be taken under the
provisions of this Act, contravenes the provisions
of section 16,
shall be liable for penalty in accordance with the
provisions of the service rules applicable to the
said person or where no such service rules exist, in
such manner as may be prescribed.

19. Duties of employer.— Every employer shall
(a) provide a safe working environment at the
workplace with shall include safety from the
persons coming into contact at the workplace
(b) display at any conspicuous place in the workplace,
the penal consequences of sexual harassments; and
the order constituting, the Internal Committee
under sub-section (1) of section 4;
(c) organize workshops and awareness programmes at
regular intervals for sensitising the employees with
the provisions of the Act and orientation
programmes for the members of the Internal
Committee in the manner as may be prescribed;

26. Penalty for non-compliance with provisions of
Act —
(1) Where the employer fails to constitute an Internal
Committee under sub-section (1) of section 4;
(b) take action under sections 13, 14 and 22; and
(c) contravenes or attempts to contravene or abets
contravention of other provisions of this Act or any
rules made there under, he shall be punishable
with fine which may extend to fifty thousand
rupees.

(2) If any employer, after having been previously
convicted of an offence punishable under this Act
subsequently commits and is convicted of the
same offence, he shall be liable to—
(i) twice the punishment, which might have been
imposed on a first conviction, subject to the
punishment being maximum provided for the
same offence
(ii) cancellation, of his licence or withdrawal, or
non-renewal, or approval, or cancellation of the
registration, as the case may be, by the
Government or local authority required for
carrying on his business or activity.

27. Cognizance of offence by courts.—
(1) No court shall take cognizance of any offence
save on a complaint made by the aggrieved
woman or any person authorized by the Internal
Committee or Local Committee in this behalf.
(2) No court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first
class shall try any offence punishable under this
Act.
(3) Every offence under this Act shall be non-
cognizable.

Laxmi, 28, a campaigner for Stop Acid Attacks. She
survived an acid assault in India when she was 15
years old.
https://youtu.be/kVoPke5ZgFU

The Criminal Law Amendment Act, 2013
Indian Penal Code, 1860 Cr. P. C, 1973 & IEA, 1872
100 - Causing Apprehension of grievous hurt - act of
administering Acid or throwing Acid
166A - Public Servant disobeying Law - non
attendance at any place & non conduction of
enquiry – imprisonment for 6 months to 2 years &
fine
166B - Punishment for non-treatment of Victim –
imprisonment for one year or fine or with both
326A - voluntarily causing grievous hurt with Acid
– imprisonment for 10 years to life imprisonment
& fine
326B - voluntarily throwing or attempting to throw
Acid – imprisonment for 5 years to 7 years & fine

16/12 Nirbhaya Rape Case: An Incidence Which
Shaken Up Whole Delhi

354 – Outrage the modesty of women – imprisonment
for one year to 5 years and fine
354A – Sexual Harassment – rigorous imprisonment
to 3 years or fine or with both
354B – Assault or use of criminal force to woman with
intent to disrobe - imprisonment for 3 years to 7
years and fine
354 C – Voyeurism - imprisonment for 3 years to 7
years and fine
354 D – Stalking - imprisonment for 3 years and fine;
second or subsequent offence - 5 years and fine
370- Trafficking of human beings - imprisonment for
7 years to 10 years and fine
376 – Rape – imprisonment for 10 years to life
Imprisonment means till persons natural life.

Eight-year-old Asifa was gang raped thrice inside the
prayer hall (devasthan), after the mastermind had
“performed rituals” at Rasana village in Kathua near
Jammu. One of the rapists came from Meerut city to
“satisfy his lust”.

376A – Punishment for causing death or resulting in
persistent vegetative state of Victim - imprisonment
for 20 years to life Imprisonment means till persons
natural life or with death.
376B – Sexual intercourse of Husband with wife
during separation - imprisonment for 2 years to 7
years and fine
376C – Sexual intercourse by a person in authority -
imprisonment for 5 years to 10 years and fine
376D – Gang Rape - imprisonment for 20 years to life
Imprisonment means till persons natural life or with
death.
376E – Punishment of repeat offenders - life
Imprisonment means till persons natural life or
with death.

Once every five minutes an incident of domestic
violence is reported in India, under its legal definition
of “cruelty by husband or his relatives”

THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005
2(a) “aggrieved person” means any woman who is in
a domestic relationship with the respondent and
who alleges to have been subjected to any act of
domestic violence by him
(f) “domestic relationship” means a relationship
between two persons who live or have lived together
in a shared household related by consanguinity,
marriage, or through a relationship in the nature of
marriage, adoption or are family members living
together as a joint family;

3. Definition of domestic violence—any act,
omission or commission or conduct of the
respondent shall constitute domestic violence in
case it—
(a) harms or injures or endangers the health, safety,
life, limb or well-being, whether mental or physical,
of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the
aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful
demand for any dowry or other property or valuable
security; or

(c) has the effect of threatening the aggrieved person
or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether
physical or mental, to the aggrieved person.
8. Appointment of Protection Officers.—(1) The
State Government shall appoint Protection Officers
in each district and shall also notify the area or areas
within such Officer shall exercise the powers and
perform the duties conferred on him by or under
this Act.
(2) The Protection Officers shall as far as possible be
women and shall possess such qualifications and
experience as may be prescribed..

9. Duties and functions of Protection Officers – to
assist the Magistrate in the discharge of his
functions under this Act;
(b) to make a domestic incident report to the
Magistrate upon receipt of a complaint of domestic
violence and forward copies thereof to the police
officer in charge of the police station within the
local limits of whose jurisdiction domestic violence
is alleged to have been committed
(c) to make an application in such form and in such
manner as may be prescribed to the Magistrate, if
the aggrieved person so desires, claiming relief for
issuance of a protection order;

16. Proceedings to be held in camera—
If the Magistrate considers that the circumstances of
the case so warrant, and if either party to the
proceedings so desires, he may conduct the
proceedings under this Act in camera.
17. Right to reside in a shared household.—
(1) every woman in a domestic relationship shall
have the right to reside in the shared household,
whether or not she has any right, title or beneficial
interest in the same.
(2) The aggrieved person shall not be evicted or
excluded from the shared household or any part of
it by the respondent save in accordance with the
procedure established by law.

31. Penalty for breach of protection order by
respondent.—(1) A breach of PO shall be punishable
with imprisonment for one year, or with fine which
may extend to twenty thousand rupees, or with both.
(2) The offence under sub-section (1) shall as far as
practicable be tried by the Magistrate who had passed
the order.
(3) While framing charges under sub-section (1), the
Magistrate may also frame charges under section 498A
of the IPC or the Dowry Prohibition Act, 1961 as the
case may be, if the facts disclose the commission of an
offence under those provisions.

Every Eight Minutes - a girl misses
These middlemen pocket around Rs 50,000 per girl.
The girls are sold in Delhi, Ghaziabad and Agra brothels
for at Rs 2-3lakh

THE IMMORAL TRAFFIC (PREVENTION)
ACT, 1956
(a) “brothel“ includes any house, room, conveyance
or place, or any portion of any house, room,
conveyance or place, which is used for purposes of
sexual exploitation or abuse for the gain of another
person or for the mutual gain of two or more
prostitutes;
(f) “prostitution“ means the sexual exploitation or
abuse of persons for commercial purposes, and the
expression “prostitute” shall be construed
accordingly;

3. Punishment for keeping a brothel or allowing
premises to be used as a brothel.— (1) Any person
who keeps or manages, or acts or assists in the
keeping or management of, a brothel
shall be punishable on first conviction with
rigorous imprisonment for one year and not more
than three years and also with fine which may
extend to two thousand rupees
In the event of a second or subsequent to conviction
with rigorous imprisonment for a term of not less
than two years and not more than five years and
also with fine which may extend to two thousand
rupees.

(2) a any person who—
(a) being the tenant, lessee, occupier or person in charge
of any premises, uses, or knowingly allows any other
person to use, such premises or any part thereof as a
brothel Or
(b) being the owner, lessor or landlord of any premises or
the agent of such owner, lessor or landlord, thereof as a
brothel
shall be punishable on first conviction with
imprisonment for a term which may extend to two years
and with fine which fine which may extend to two
thousand rupees
and in the event of a second or subsequent conviction,
with rigorous imprisonment for a term which may extend
to five years and also with fine.

4. Punishment for living on the earnings of
prostitution .—(1) Any person over the age of
eighteen years who knowingly lives, wholly or in
part, on the earnings of the prostitution of any other
person
shall be punishable with imprisonment for a term
which may extend to two years, or with fine which
may extend to one thousand rupees, or with both,
and
where such earnings relate to the prostitution of a
child or a minor, shall be punishable with
imprisonment for a term of not less than seven years
and not more than ten years.

14 & 15: Cognizable Offence arrest without warrant
and search without warrant an offence punishable
under this Act in any premises
16. Rescue of person—(1) Where a Magistrate has
reason to believe from info received from the police
or any other person authorized by State Government
in this behalf that any person is living, or is
carrying, or is being made to carry on, prostitution in
a brothel,
He may direct a police officer not below the rank of
a sub-inspector to enter such brothel, and to remove
there from such person and produce her before him.

21. Protective homes — (1) The State Government
may in its discretion establish as many protective
homes and corrective institutions under this Act as it
thinks fit and such homes and institutions when
established shall be maintained in such manner as
may be prescribed.
Establishment of Special Courts, Summarily trial –
Metropolitan Magistrate or Judicial Magistrate of
First Class – Order for Closure of brothels – Order
for Eviction of any premises.

THE MATERNITY BENEFIT ACT, 1961
Application of Act.- 5*[(1) It applies, in the first
instance,-- (a) to every establishment being a factory,
mine or plantation including any such establishment
belonging to Government and to every
establishment wherein persons are employed for the
exhibition of equestrian, acrobatic and other
performances;
(b) to every shop or establishment within the
meaning of any law for the time being in force in
relation to shops and establishments in a State, in
which ten or more persons are employed, or were
employed, on any day of the preceding twelve
months

5. Right to payment of maternity benefit.- 1*[(1)
every woman be entitled to, and her employer shall
be liable for, the payment of maternity benefit at the
rate of the average daily wage for the the period
immediately preceding the day of her delivery, the
actual day of her delivery and any period
immediately following that day.
(2) No woman shall be entitled to maternity benefit
unless she has worked in an establishment for a
period of not less than eighty days in the twelve
months immediately preceding the date of her
expected delivery

(3) The maximum period for which any woman shall
be entitled to maternity benefit shall be twenty six
weeks of which not more than eight weeks shall
precede the date of her expected delivery
21. Penalty for contravention of Act by employer.- (1)
If any employer fails to pay any amount of maternity
benefit to a woman entitled under this Act or
discharges or dismisses such woman during or on
account of her absence from work in accordance with
the provisions of this Act
shall be punishable with imprisonment which shall
not be less than three months but which may extend
to one year and with fine which shall not be less
than two thousand rupees but which may extend to
five thousand rupees

22. Penalty for obstructing Inspector.- Whoever fails
to produce on demand by the Inspector any register
or document in his custody or conceals or prevents
any person from appearing before or being
examined by him shall be punishable with
imprisonment which may extend to one year, or
with fine which may extend to five thousand rupees,
or with both.
18. Forfeiture of maternity benefit.- If a woman
works in any establishment after she has been
permitted by her employer to absent herself under
the provisions of section 6 for any period during
such authorised absence, she shall forfeit her claim
to the maternity benefit for such period.

SAVITA HALAPPANAVAR’S – DENTIST DIED OF
BLOOD POISONING - “In an attempt to save a 4
month old fetus they killed my 30-year-old daughter.

The Medical Termination Of Pregnancy Act, 1971
(d) "registered medical practitioner" means a medical
practitioner who possesses any recognized medical
qualification as defined in Cl.(h) of Sec. 2 of the Indian
Medical Council Act, 1956 (102 of 1956)
(2) Subject to the provisions of sub-section (4), a
pregnancy may be terminated by a registered medical
practitioner-
(a) where the length of the pregnancy does not exceed
twelve weeks if such medical practitioner is or
(b) where the length of the pregnancy exceeds twelve
weeks but does not exceed twenty weeks, if not less than
two registered medical practitioners are.

Of opinion, formed in good faith, that –
(i) the continuance of the pregnancy would involve a
risk to the life of the pregnant woman or of grave
injury physical or mental health ; or
(ii) there is a substantial risk that if the child were
born, it would suffer from such physical or mental
abnormalities as to be seriously handicapped.
Explanation 1.-Where any, pregnancy is alleged by
the pregnant woman to have been caused by rape, the
anguish caused by such pregnancy shall be presumed
to constitute a grave injury to the mental health of the
pregnant woman.

4. Place where pregnancy may be terminated-
No termination of pregnancy shall be made in
accordance with this Act at any place other than,- (a)
a hospital established or maintained by Government,
or (b) a place for the time being approved for the
purpose of this Act by Government.
Punishment under Indian Penal Code, 1860
312 IPC causing miscarriage – imprisonment for 3
years or with fine or both, and if woman be quick
with child - imprisonment for 7 years and with fine
313 IPC causing miscarriage without women’s
consent - woman be quick with child or not -
imprisonment for life or 10 years and with fine

314 IPC death caused by act done with intent to
cause miscarriage - imprisonment for 10 years and
with fine
Death caused act done without women’s consent -
imprisonment for life
315 IPC – Act done with intent to prevent child
being born alive or to cause it to die after birth -
imprisonment for 10 years or with fine or both

When a girl is born instead of being happy parents are
thinking that a new burden has arrived in their life ..…

Pre-Conception & Pre-Natal Diagnostic Techniques Act,
1994
(ba) ”conceptus” means any product of conception at
any stage of development from fertilization until
birth including extra embryonic membranes as well
as the embryo or foetus
(bb) “embryo” means a developing human organism
after fertilization till the end of eight weeks (fifty-six
days)
(bc) “foetus” means a human organism during the
period of its development beginning on the fifty
seventh day following fertilization or creation and
ending at the birth

(c) “Genetic Counseling Centre” means an institute,
hospital, nursing home or any place, by whatever
name called, which provides for genetic counselling
to patients
(d) “Genetic Clinic” means a clinic, institute,
hospital, nursing home or any place, by whatever
name called, which is used for conducting pre-natal
diagnostic procedures.
(e) “Genetic Laboratory” means a laboratory and
includes a place where facilities are provided for
conducting analysis or tests of samples received from
Genetic Clinic for pre-natal diagnostic test.

(k) “pre-natal diagnostic test” means
ultrasonography or any test or analysis of amniotic
fluid, chorionic villi, blood or any tissue or fluid of
a pregnant woman or conceptus conducted to detect
genetic or metabolic disorders or chromosomal
abnormalities or congenital anomalies or
haemoglobinopathies or sex-linked diseases;
(o) “sex selection” includes any procedure,
technique, test or administration or prescription or
provision of anything for the purpose of ensuring
or increasing the probability that an embryo will be
of a particular sex;

6. Determination of sex prohibited - On and from the
commencement of this Act
(a) no Genetic Counselling Centre or Genetic
Laboratory or Genetic Clinic shall conduct or cause to
be conducted in its Centre, Laboratory or Clinic, pre-
natal diagnostic techniques including ultrasonography,
for the purpose of determining the sex of a foetus
(b) no person shall conduct or cause to be conducted any
pre-natal diagnostic techniques including
ultrasonography for the purpose of determining the sex
of a foetus
(c) no person shall, by whatever means, cause or allow
to be caused selection of sex before or after conception.

22. Prohibition of advertisement relating to pre-
natal determination of sex and punishment for
contravention –
No person, organization, Genetic Counselling
Centre, Genetic Laboratory or Genetic Clinic having
ultrasound machine or imaging machine or scanner
or any other technology capable of undertaking
determination of sex of foetus or sex selection
shall issue, publish, distribute, communicate in any
form, including internet, regarding facilities of pre-
natal determination of sex or sex selection before
conception available at such centre, laboratory,
clinic or at any other place.

2. No person or organization including Genetic
Counselling Centre, Genetic Laboratory or Genetic
Clinic shall issue, publish, distribute, communicate
regarding pre-natal determination or preconception
selection of sex by any means whatsoever, scientific
or otherwise.
3. Any person who contravenes the provisions of
sub-section (1) or sub-section (2) shall be
punishable with imprisonment for a term which
may extend to three years and with fine which may
extend to ten thousand rupees.

23. Offences and penalties – (1) Any medical
geneticist, gynaecologist, registered medical
practitioner or any person who owns a Genetic
Counselling Centre, a Genetic Laboratory or a
Genetic Clinic or is employed in such a Centre,
Laboratory or Clinic rendering professional or
technical services to or at such a Centre
who contravenes any of the provisions of this Act
shall be punishable imprisonment for a term which
extend to ten thousand rupees and
on any subsequent conviction, with imprisonment
which may extend to five years and with fine which
may extend to fifty thousand rupees

3. Any person who seeks the aid of a Genetic
Counselling Centre, Genetic Laboratory, Genetic Clinic
or ultrasound clinic or imaging clinic or of a medical
geneticist, gynaecologist, sonologist or imaging specialist
or registered medical practitioner or any other person
Cause for sex selection or for conducting pre-natal
diagnostic techniques on any pregnant women for the
purposes other than those specified in sub-section (2) of
section 4,
Shall be punishable with imprisonment for a term which
extend to fifty thousand rupees for the first offence and
for any subsequent offence with imprisonment which
may extend to five years and with fine which may extend
to one lakh rupees.

THE SCHEDULED TRIBES AND OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS)
ACT, 2006
(a) “community forest resource” means customary
common forest land within the traditional or customary
boundaries of the village or seasonal use of landscape in
the case of pastoral communities, including reserved
forests, protected forests and protected areas such as
Sanctuaries and National Parks to which the community
had traditional access;
3. Forest rights of Forest dwelling Scheduled Tribes and
other traditional forest dwellers.–(1) For the purposes of
this Act, the following rights, which secure individual or
community tenure or both, shall be the forest rights of
forest dwelling Scheduled Tribes and other traditional
forest dwellers on all forest lands, namely:–

(a) right to hold and live in the forest land under the
individual or common occupation for habitation or for
self-cultivation· for livelihood by a member or members
of a forest dwelling Scheduled Tribe or other traditional
forest dwellers
(c) right of ownership, access to collect, use, and dispose
of minor forest produce which has been traditionally
collected within or outside village boundaries
(d) other community rights of uses or entitlements such
as fish and other products of water bodies, grazing {both
settled or transhumant) and traditional seasonal
resource access of nomadic or pastoralist communities
(g) rights for conversion of Pattas or leases or grants
issued by any local authority or any State Government
on forest lands to titles

5. Duties of holders of forest rights –The holders of
any forest right, Gram Sabha and village level
institutions are empowered to:
(a) protect the wild life, forest and biodiversity
(b) ensure that adjoining catchments area, water
sources and other ecological sensitive areas are
adequately protected
(c) ensure that the habitat of forest dwelling
Scheduled Tribes and other traditional forest
dwellers is preserved from any form of destructive
practices affecting their cultural and natural heritage

7. Offences by members or officers & Committees–
Where any authority or Committee or officer or
member of such authority or Committee
contravenes any provision concerning recognition
of forest rights, it, or they, shall be liable to be
proceeded against and punished with fine which
may extend to one thousand rupees:
Provided shall render any member of the authority
or Committee or head of the department liable to
any punishment if he proves that the offence was
committed without his knowledge or that he had
exercised all due diligence to prevent the
commission of such offence.

Burden of proof
PRESUMPTION AS TO COMMISSION OF OFFENCES
On the person against whom charges or allegations
are made; has to prove that he has not committed
any of the offences – Sections 113, 113B – Indian
Evidence Act, 1872

International conventions
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
The International Covenant on Economic, Social and
Cultural Rights
The Convention on the Rights of the Child
The Beijing Platform for Action
The United Nations Declaration on Violence
Against Women
Universal Declaration of Human Rights.

Respect women, value her, support
her and most importantly thank her
Remember god exists where women
are worshipped
I hereby acknowledge all the sources from which the above
data collected for imparting knowledge

Women Rights

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