ByDr. Satyanarayana Dash

Ex-Acting Chairman, Odisha Administrative Tribunal

Constitutional & other Enactments for ensuring Human Rights for WomenPrinciples of Gender Equality in Constitution

of India is enshrined in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. Our Constitution has Provisions for the State to adopt measures of Positive Discrimination in favor of Women

Fundamental Rights ensure equality before Law and Equal Protection of Laws and prohibits discrimination on grounds of religion, Race, Caste, Sex or Place of Birth and guarantees Equality of Opportunity to all citizens in matters relating to Employment.

Constitutional & other Enactments for ensuring Human Rights for WomenArticle 14: Equality Before LawArticle 15(1):Non- Discrimination on the

Grounds of Religion, Caste, Sex, Place of BirthArticle 15(3):State may make any special

provision in favor of Women & ChildrenArticle 16:Equality of Opportunity for all

Citizens in matters relating to EmploymentArticle 39(a):Equal Rights for Men & Women

to Adequate Means of Livelihood

Constitutional & other Enactments for ensuring Human Rights for WomenArticle 39(d):Equal Pay for Equal Work for

both Men & WomenArticle 39(A):Ensure that opportunities for

seeking Justice are not denied for any Citizen by Economic & other Disabilities

Article 42:State to make Provision for securing

just & humane conditions of work & Maternity Relief

Constitutional & other Enactments for ensuring Human Rights for WomenArticle 46: State to Promote with special care,

the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of Exploitation

Article 47: State to raise level of nutrition and standard of living of the people

Article 51(A)(e):State to promote Harmony and the spirit of common brotherhood amongst all the people of India and renounce Practices derogatory to the Dignity of Women

Constitutional & other Enactments for ensuring Human Rights for WomenArticle 243D(3):Not less than 1/3rd (including

those reserved for Women SC/ST Categories) of Seats to be filled up in every Panchayat to be reserved for Women, to be allotted on rotation basis among different constituencies in Panchayats

Article 243D(4):Not less than 1/3rd of the total numbers of offices of Chairpersons in the Panchayats at each level to be reserved for Women

Women Reservation in MunicipalitiesArticle 243T(3):Not Less than 1/3rd (Including

those reserved for Women SC/STs) of the total number of seats to be filled up by direct election in every Municipality to be reserved for women and such seats are to be allotted by rotation among different constituencies in a Municipality

Article 243T(4):Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, Scheduled Tribes and Women in such manner as the Legislature of a State may by law provide

Legal Provisions Relating to Crimes against WomenCrimes against Women generally refers to

crimes directed specifically against women although they may suffer other crimes like Robbery, cheating, Murder etc.

Indian Penal Code Sections:(i)Section 376: Offence of Rape(ii)Section 363-373:Kidnapping and Abduction

for Different Purposes

IPC Sections Relating to Crimes Against WomenSection 302/304-B:Homicide for Dowry,

Dowry Deaths or their AttemptsSection 354:Assault or Criminal Force

Against Women with Intent to Outrage her Modesty

Subsequent to Nirbhaya Case, Criminal Law Amendment Act has made further Provisions under this Section

Section 509: Word, Gesture or Act intended to insult the Modesty of a Woman

Special Laws applicable to WomenThe Employees State Insurance Act,1948The Plantation Labor Act, 1951Family Courts Act, 1954The Special Marriage Act, 1954The Hindu Marriage Act, 1955The Hindu Succession Act, 1956 with

Amendments in 2005Immoral Traffic(Prevention Act), 1956The Maternity Benefit Act, 1961 with 1995

Amendments

Special Laws applicable to WomenDowry Prohibition Act, 1961The Medical Termination of Pregnancy Act,

1971The Contract Labor (Regulation & Abolition)

Act, 1976The Prohibition of Child Marriage Act, 2006The Criminal Law Amendment Act, 1983 &

2013

Special Laws applicable to WomenThe Factories (Amendment) Act, 1986Indecent Representation of Women

(Prohibition) Act, 1986Commission of Sati (Prevention) Act, 1987The Protection of Women from Domestic

Violence Act, 2005Subsequent to Brutal Rape & Murder of

Nirbhaya on 16th December 2012 in Delhi, Laws have been strengthened based on Justice J.S.Verma Committee Report

Main Provisions of Criminal Law Amendment Act 2013

Section 326A: Acid Attack : Imprisonment >10 Years + fine to cover reasonable Medical Expenses of the Victim

Section 326B:Attempt to Acid Attack : Punishable with Imprisonment 5-7 Years+ Fine

Section 354A:Sexual Harassment defined as (i)unwelcome Physical Contact and advances (ii) Demand/Request for Sexual Favors (iii) Showing Pornography against the will of a woman (iv) Making Sexually Colored remarks. For first three offences, Rigorous Imprisonment for up to 3 years and/or fine. For the last offence, Imprisonment up to One Year and/or fine

Section 354B: Assault on Woman with Intent to Disrobe: Imprisonment 3-7 years + Fine

Main Provisions of Criminal Law Amendment Act 2013

Section 354C: Voyeurism: Watching/Capturing & Disseminating Image of a woman engaged in Private Act—First Conviction– 1-3 years + Fine, Second/Subsequent Conviction—3-7 years + Fine

Section 354D: Stalking: Following a woman to contact or attempt to contact or monitor E mail/Internet use by a woman unless authorized for Prevention/Detection of Crime. First Conviction– Imprisonment up to 3 years + Fine, Second Subsequent Conviction – Imprisonment up to 5 years + Fine

United Nations’ CEDAW CovenantThe Covenant on Elimination of

Discrimination against Women (CEDAW), 1979 is a Landmark Treaty of United Nations marking Struggles for establishment of Womens’ Rights . Described as a Bill of Rights for women, it propagates non-discriminatory model, i.e. Women should enjoy same rights as men– Civil, Political , Economic & Cultural.

United Nations’ CEDAW CovenantCEDAW follows Universal Declaration of Human

Rights (1948) and International Covenant of Social & Political Rights (1966), which laid stress on Equality between Men & Women

General Recommendation 19 of CEDAW formulated in 1992, deals entirely with Violence against Women and asks State Parties to review their laws and policies accordingly

India ratified CEDAW Resolution on 25th June, 1993. India affirmed to implement CEDAW at Fourth World Conference on Women at Beijing (1995)

United Nations’ CEDAW CovenantArticles 51 and 253 of the Constitution of

India empowers Parliament to make laws to give effect to International Covenants.

The Declaration on the Elimination of Violence against Women 1993 is a comprehensive statement of international standards with regard to Protection of Women from Violence . Any grave or systematic violation can be enquired into and penalized ever since the Optional Protocol of December 2000.

Protection of Rights of Working WomenFollowing Gangrape of Bhanwari Devi, a social

worker who tried to stop a child marriage in a village in Rajasthan by some upper caste men, a case was filed in the Trial Court by her against offenders . Acquittal of accused in trial Court led to several womens’ Groups under the Collective Platform of Visakha in the Supreme Court

Supreme Court of India for the first time gave a detailed definition of Sexual Harassment of Women

Protection of Rights of Working WomenSupreme Court considered many International

Conventions on Womens’ Issues for Gender Equality, right to work with Dignity in Articles 14, 15, 19(1)(g) of the Constitution of India

Earlier Working Women facing Sexual Harassment could proceed under Sections 354 and 509 of IPC, but what is the scope of “outrage of modesty of women” was left to the discretion of the Police Station House Officer.

Protection of Rights of Working WomenLandmark Judgement by Hon’ble Supreme

Court in August 1997 by Justice J.S.Verma led Bench defined Sexual Harassment as (i) Physical Contact and Advances (ii) demand or request for sexual favors (iii)Sexually colored remarks(iv) showing pornography (v) any other physical, verbal or non-verbal conduct of sexual nature

Complaints Mechanism will be evolved to deal with the complaints by the Employer

Protection of Rights of Working WomenAfter the Nirbhaya Case, Visakha Guidelines were

incorporated in a Legislation “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 made effective from April 23rd, 2013 by Gazette Publication

Highlights of the Act:- (i) It covers all women, irrespective of her age or

employment status, whether in organized or unorganized sectors, Public or Private and covers Clients, Customers and Domestic Workers as well

Protection of Rights of Working Women(ii)The workplace covers all establishments in

Private Sector, Public Sector, Organized/Unorganized Sectors, Hospitals, Nursing Homes, Sports Institutes, Stadium, Places visited by Employee on duty, during transportation

(iii)Internal Complaints Committee (ICC) will complete Enquiry within 90 days. On Completion of Enquiry, the Report will be sent to the Employer or the District Officer and they have to take action within 60 days

Protection of Rights of Working Women(iv)Every Employer will constitute ICC in the

Departments or Branches with 10 or more employees. The District Officer (District Collector) is required to constitute Local Complaints Committee (LCC) in each District and if required at Block Level

(v)ICC/LCC will have powers of Civil Court for gathering Evidence

(vi) The Inquiry will be kept confidential and anybody breaching will be fined Rs.5000/-

Protection of Rights of Working Women(vii)Employers to conduct

Education/Sensitization Programs and develop Policies against Sexual Harassment of working Women

(viii)Non-Compliance with Provisions of the Act shall be Punishable with Fines up to Rs.50,000/-. Repeated violations may lead to higher Penalties/Cancellation of Licenses

Protection of Rights of Working Women(ix) Since Sexual Harassment is a Criminal

Offence under Section 354 of IPC, Employers are obligated to report offences.

(x) The Act can cover even women working as Agricultural Labor, since the definition of workplace is very wide.

Special Initiatives for WomenNational Commission for Women: Set up in

January, 1992 it is meant to safeguard interests of Women. Has a wide mandate covering all aspects of Womens’ Development like investigating and examining legal safeguards provided for women under Constitution & other Laws. Looking into complaints and take suo moto notice . Taking up research and studies related to Women

Special Initiatives for WomenNational Policy for Empowerment of Women

2001:The Department of Women & Child Development had prepared a “National Policy for the Empowerment of Women” in the year 2001. Its goal was to bring about the advancement, development and empowerment of Women

Reservation of Women in Local Self-Government: The 73rd Constitutional Amendment Act passed in 1992 ensures 1/3rd of total seats for women in all elected offices in rural and urban local Bodies

Protection of Child RightsConstitutional Provisions:-Article 15:Non-

discrimination against any citizen ; Article 21:No person should be deprived of his life and liberty ; Article 23:Traffic in Human beings & Forced Labor Prohibited ; Article 24:No Child below 14 years to work ; Article 39:Tender age of children not abused ; Article 42:Securing Just & Humane conditions of Work and for Maternity Relief

Protection of Child Rights Article 45:Free & Compulsory Education of all children till 14 years of

age ; Article 47:Raising the Level of Nutrition & Standard of living of people

International Convention– UN Convention on the Rights of the Child . Sets out 54 Articles and outlines Basic Human Rights for every Child. It Covers– Right to Survival, Right to Development, Right to Protection, Right to Participation. Other International Conventions are SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia—Protocol to prevent, suppress and punish and deals with Trafficking in Persons, Especially Women & Children for Prostitution

National Policy for Children, 1974:Children to be covered by Health & Nutrition Services, Free & Compulsory Education for all Children below 14 years, Non Formal Education—Physical Education, Games, Sports to be promoted in Schools, Community Centers, Equality of Opportunity for Children of Weaker Sections, Children to be protected against neglect, cruelty and exploitation, No Under 14 Child to work, Special Facilities for Handicapped Children, Priority to Children under Distress, Calamities, special programs for Gifted Children, Existing Laws are to be amended keeping in view safeguarding of Childrens’ interest

National Health Policy, 1983Emphasis on launching of Nationwide

immunization Program aimed at 100% coverage of targeted population

Priority of launching of Special Program for maternal and child Health Care with focus on underprivileged sections of Society

School Health ProgramsEmphasis on Provision of Safe Drinking

Water & Sanitation Facilities

National Policy on Education 1986Priority to Early Childhood Care & Education

(ECCE)Day Care Centers as support service for

Universalization of Primary EducationIntegration of Child Care and Pre-primary

EducationUniversal Enrolment and retention of

Children up to 14 years in the School System

National Policy on Education 1986Child centered Activity Based Process of

Learning adopted at Primary StageSupplemental Remedial instruction for first

generation learnersProvision of Essential Facilities in Primary

Schools like Toilets & Safe Drinking WaterHighest Priority to solving School Drop-out

Problems of Children . Non-formal Education Facilities for Working & School Drop-out Children

National Policy on Education 1986Non-formal Education Facilities for Girl ChildProvision of at least Two Teachers (One

Woman)in every schoolNational Nutritional Policy, 1993: Realized

the importance of tackling the problem of mal-nutrition through Direct Nutrition Intervention for specially vulnerable groups as well as through various Development Policy Instruments

Child Targeted Schemes & ProgramsMid-Day Meal SchemeIntegrated Child Development Scheme

(ICDS)Integrated Child Protection Schemes(ICPS)Sarva Shiksha AbhiyanOperation BlackboardIntegrated Program for Street ChildrenKishori Shakti Yojana

Child Targeted Schemes & ProgramsWheat Based Nutrition ProgramNutrition Programs for Adolescent GirlsRajiv Gandhi Creche Scheme for the Children

of Working MothersBalika Samriddhi YojanaInitiatives to combat trafficking in Women &

ChildrenCHILDLINE Services

Child Targeted Schemes & ProgramsReproductive & Child Health ProgramNational Child Labor ProjectScheme for Working Children in need of care

& protection Acts supporting Child Rights(1)The Protection of Children from Sexual

Offences Act 2012(2)The Right of Children to Free & Compulsory

Education Act 2009

Acts Supporting Child Rights (3) Juvenile Justice (Care & Protection of

Children) Act, 2000 (4) Child Labor (Prohibition & Regulation) Act

1986 (5) Child Labor (Amendment) Act, 2006 (6) Bonded Labor System (Abolition) Act, 1976 (7) Factories Act, 1948 (8) Prenatal Diagnostic Techniques Act 1994

Acts Supporting Child Rights(9) Persons with Disabilities Act 1995(10) Prohibition of Child Marriage Act 2006(11) Immoral Traffic (Prevention) Act 1986(12) Guardians & Wards Act 1890(13) Hindu Adoption & Maintenance Act 1956(14) Sections of the Indian Penal Code & Child

Related Offences

National Commission for Protection of Child Rights (NCPR)Set up in 2007 to safeguard Childrens’

interestsExamines and reviews safeguards provided

by various laws for protection of child rights & recommend measures for effective implementation

Inquires into violations of Child Rightsa & initiate Proceedings

National Commission for Protection of Child Rights (NCPR)Undertakes and promotes research in the

field of child rightsSpreads Child Rights Literacy among various

Sections of Society and promotes awareness of the safeguards available for protection of these rights through Publications in Media, Seminars and other available means

Odisha State Child Protection Society(OSCPS)Registered in 2009 to implement ICPSFunctions under Women & Child Development

Department, Government of OdishaSetting up District Child Protection UnitsEnsuring effective implementation of Juvenile

Justice Act 2000 & Odisha Juvenile Justice (Care & Protection of Children) Rules

Ensure proper implementation of all acts relating to Child Rights . Co-ordinating with all Departments related to protection of Child Rights

Protection of Children from Sexual Offences (POCSO) Act, 2012Act Passed by Lok Sabha on 22nd May,2012 and

Rajya Sabha on 10th May, 2012.Rules under the Act notified on 14th November, 2012. For the First Time, Special Act was passed. Earlier, IPC Sections dealt with the Problem, but they were grossly inadequate , as they failed to distinguish between Adult & Child Victims

Act defines a Child to be below 18 years of ageAct provides for stringent punishments for

various offences

Protection of Children from Sexual Offences (POCSO) Act, 2012An offence is treated as aggravated when

committed by a Person in Position of Trust or Authority, such as a Member of Security Force, Police Officer, Public Servant etc.

Various Punishments Prescribed are:-(i)Penetrative Sexual Assault (Section 3)--7 years

to Imprisonment for Life + Fine (Section 4)(ii)Aggravated Penetrative Sexual Assault

(Section 5)– 10 years to Imprisonment for Life + Fine (Section 6)

Protection of Children from Sexual Offences (POCSO) Act, 2012(iii) Sexual Assault (Section 7) – 3 years to 5

years + Fine (Section 8)(iv) Aggravated Sexual Assault (Section 9)-- 5

years to 7 years + Fine (Section 10)(v) Sexual Harassment of the Child (Section

11)– up to 3 years + Fine(vi) Use of Child for Pornographic Purposes

(Section 13)– First Conviction: up to 5 years + Fine: Subsequent Conviction: up to 7 years + Fine (Section 14(1))

Protection of Human Rights of Scheduled Castes/Scheduled TribesConstitutional & Legal Provisions:(i)Articles 23, 24, 37,38,39, 39A & 46 of the

Constitution of India deals with Traffic in Human Beings/Forced Labor, Employment of Children in Factories, Securing a Social Order for promotion of Welfare of people, Equal Justice & Free Legal Aid, Promotion of Educational & Economic Interests of Scheduled Castes/Scheduled Tribes/Weaker Sections

Protection of Human Rights of Scheduled Castes/Scheduled TribesArticle 17 relates to abolition of Untouchability .

Article 25 deals with Freedom of Conscience and free profession, practice & propagation of religion

Article 15 & 16 relate to principles of Equality & Prohibition of Discrimination on the basis of Caste/Race/Sex/Place of Birth/Religion

Article 16(4) makes Special Provision for Reservation in Public Services for Backward Classes where they are not adequately represented. Article 16(4A) provides for Accelerated Promotions also based on Backwardness, inadequacy of Representation and Administrative Efficiency (Article 335).

Protection of Human Rights of Scheduled Castes/Scheduled TribesArticle 330: Reservation for SC/ST in the Lok

SabhaArticle 332:Reservation for SC/Sts in the

Legislative AssembliesArticle 243D: Reservation of Seats in

PanchayatsArticle 243T:Reservation of Seats in

Municipalities

Protection of Human Rights of Scheduled Castes/Scheduled TribesArticle 19(5):Special Restrictions may be placed

by Government for acquisition & Disposal of Property in the interests Scheduled Tribes, especially the Primitive Tribal Groups

Article 29: Cultural/Linguistic Minority has Right to Conserve its Language & Culture

Article 338: National Commission for Scheduled Castes has been set up to safeguard their Rights

Article 338A: National Commission for Scheduled Tribes has been set up to safeguard their Rights

Protection of Human Rights of Scheduled Castes/Scheduled TribesThese National Commissions are to

investigate, monitor Complaints by Members of SC/Sts into atrocities committed on them and also advise Government to bring in appropriate Legislation or make changes in existing Legislation to safeguard their interests. Annual Report to President of their activities . They also advise Government on Sub-Plans of Schemes of Government of India/State Governments

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1989This Specific Legislation was brought in as

Protection of Civil Rights Act 1955 and IPC was not sufficient to deal with cases of atrocities against members of Scheduled Castes/Scheduled Tribes.

Salient Features of the Act are:-(i)Creation of new offences not in IPC or PCRA(ii)Commission of offences by non-SC/ST

persons on SC/ST Community

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1989Defines various types of atrocities against

SC/STs under Section 3Provides for stringent punishmentsEnhanced Punishments for Public ServantsPunishment for neglect of duty by a Public

ServantsAttachment & Forfeiture of PropertyCreation of Special Courts to try the offences

under the Act

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1989Appointment of Special Public ProsecutorsEmpowers Government to impose Collective FinesCancellation of Arms Licenses in identified Areas and

seize all illegal Fire armsGranting Arms Licenses to SC/STsDenial of Anticipatory BailDenial of Probation to convictsProvides compensation to victims & their

relief/rehabilitationIdentify Atrocity prone areasSetting up deterrent to avoid commission of

atrocities

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1989Setting up mandatory, Periodic monitoring

System at different levels, District Level District Level Monitoring & Vigilance Committee-DVMC, State Level Monitoring & Vigilance Committee-SVMC & National Level Vigilance & Monitoring Committee—NVMC

Atrocity under the Act is any offence under Sections 3(1) & 3(2).

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1989The Protections under the Act mainly covers

the following:-(i)Social Disabilities like non-access to Drinking

Water Source or use of a Passageway(ii)Personal Atrocities like forceful drinking or

eating of obnoxious substance(iii)Outraging Modesty or sexual exploitation,

causing injury or annoyance

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1989(iv) Atrocities affecting Properties like land,

residential premises(v) Economic Exploitation, Bonded Labor Criminal Liability under the Act can only be

established if the offence is committed by a person who is not an SC/St against a person who is SC/ST. A Court of Session will be a Special Court under the Act

Protection of the Rights of Minorities—Constitutional ProvisionsRights fall in Two Categories—(1) Common

Domain applicable to all Citizens and (2) Separate Domain applicable to Minorities

Part III of Constitution --- Fundamental Rights & Part IV– Directive Principles of State Policy

Part IV Article 38(2):state to try to eliminate inequalities in status, facilities & opportunities amongst individuals and groups of people residing in different areas. Article 46: State to Promote Educational/Economic interests of weaker sections of people

Protection of the Rights of Minorities—Constitutional ProvisionsArticle 51A:Citizens’ Duty to promote harmony

and spirit of common brotherhood amongst people of India transcending religious/linguistic/regional/sectional diversities

Article 15,16, for equality of opportunity for all with consideration for Backward Classes, Women, SC/STs

Article 25(1):Right to Profess, practice and propagate religion subject to Public Order, morality & Health

Protection of the Rights of Minorities—Constitutional ProvisionsArticle 26: Every Religious Denomination can

establish & maintain Institutions for Religious & Charitable Purposes, can own or acquire movable/immovable property and administer it as per law.

Article 27: Prohibits compelling any Person to pay taxes or promote any particular Religion

Article 28:Peoples’ Freedom to attend any Religious instruction or worship in Educational Institutions

Protection of the Rights of Minorities—Constitutional ProvisionsArticle 29(1) Right of any citizen/group of

citizens to conserve their language, script or culture

Article 29(2):Restricts denial of admission to any citizen to any Educational Institution maintained or aided by the State on only the grounds of religion/caste/language

Article 30(1): Right of all Linguistic Minorities to establish & Administer Educational Institutions of their Choice

Protection of the Rights of Minorities—Constitutional ProvisionsArticle 30(2):Freedom of Minority Managed

Educational Institutions from discrimination in the matter of receiving aid from the State

Article 347: Special Provision relating to the language spoken by a Section of the Population of any State

Article 350A: Provision of Facilities for instruction in Mother Tongue at Primary Stage

Protection of the Rights of Minorities—Constitutional ProvisionsArticle 350B:Provision of a Special Officer for

Linguistic Minorities and his DutiesArticle 25(1) Explanation: Sikh Community’s

Rights to wearing and carrying Kirpans National Commission for Minorities (NCM) has

been set up Pursuant to NCM Act, 1992 to safeguard the interests of Religious Minorities– Muslims, Christians, Sikhs, Buddhists, Jains. Social Pluralism of India has been fortified by the unique concept of Secularism enshrined in the Constitution of India

Health Indicators of Women & Children in Odisha & India Indicator Odisha India(1)MaternalMortality Rate 222 178(2) Infant MortalityRate 51 40(3) Sex Ratio 978 940(4)Child Sex Ratio 934 914(5)Women Literacy 64.4%

65.4%