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WORKSHOP ON LEGAL SAFEGUARDS FOR WOMEN
BIDHANNAGAR CITY POLICE
Constitutional Safeguards
Article 14Confers on men and women equal r ights and
opportunit ies in polit ical, economic and social sphere.
Art icle 15Prohibits, discrimination against any cit izen on grounds of religion, race, caste, sex etc.
Art icle 16Provides for equali ty of opportunit ies matters relat ing to employment or appointment to any off ice under the
state.
Art icle 39(a)(d) Mentions policy security of state equality for both men and women the r ight to a means of l ivelihood and equal pay for equal work for both men and women.
Art icle 42Direct the State to make provision for ensuring just and humane condit ions of work and maternity relief.
Statutes
Factories Act 1948:
A woman cannot be forced to work beyond 8 hours and prohibits employment of women except between 6 A.M. and 7 P.M.
Maternity Benefit Act 1961:
A Woman is entitled 12 weeks maternity leave with full wages.
The Dowry Prohibition Act, 1961:
Demand of dowry either before marriage, during marriage and or after the marriage is an offence.
The Equal Remuneration Act of 1976:
Equal wages for equal work: It provides for the payment of equal wages to both men and women workers for the same work or work of similar nature. It also prohibits discrimination against women in the matter of recruitment.
The Child Marriage Restrain Act of 1976: This act raises the age for marriage of a girl to 18 years from 15 years and that of a boy to 21 years.
The Medical Termination of Pregnancy Act of 1971: The Act safeguards women from unnecessary and compulsory
abortions.
The National Commission for Women Act, 1990: The Commission was set up in January, 1992 to review the Constitutional and legal safeguards for women.
Protection of Women from Domestic Violence Act, 2005:
This Act protects women from any act/conduct/omission/commission that harms, injures or potential to harm is to be considered as domestic violence. It protects the women from physical, sexual, emotional, verbal, psychological, economic abuse.
Protection of Women against Sexual Harassment at Workplace Bill, 2010:
Aims at protecting the women at workplace not only to women employee but also to female clients, customer, students, research scholars in colleges and universities patients in hospitals.
Indian Penal Code
Sec 228 A – Disclosure of Identity of the victim of certain offences
Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed shall be punished with imprisonment and also with fine.
Sec 304 B Dowry Death
Sec 312
Causing Miscarriage
Sec 313
Causing miscarriage without woman’s consent
Sec 314
Death caused by an act done with intent to cause miscarriage
Sec 315
Act done with intent to prevent child being born alive or to cause it to die after birth
Sec 316
Causing death of quick unborn child by act amounting to culpable homicide.
Section 354 - Assault or criminal force to woman with intent to outrage her modesty.
Section 354A - Sexual harassment :
physical contact and advances involving unwelcome and explicit sexual overtures;
a demand or request for sexual favors;
showing pornography against the will of a woman;
making sexually colored remarks
Section 354B - Assault or use of criminal force to woman with intent to disrobe.
Section 354C - Voyeurism is an offence that
indicates any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person.
Section 354D - Stalking is an offence where any man who--
follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic communication, commits the crime.
Sec 366
Kidnapping, Abducting or Inducing woman to compel her marriage.
Sec 366 A - Procuration of minor gir l Whoever, by any means whatsoever,
induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is l ikely that she will be,
forced or seduced to i l l icit intercourse with another person shall be punishable with imprisonment and shall also be l iable to f ine.
Sec 366 B Importat ion of girl from foreign country for the purpose of procuration
Sec 367 Kidnapping or abducting in order to subject
person to grievous hurt, slavery, etc.
Sec 372Sell ing minor for purposes of
prostitut ion
Sec 373Buying minor for purposes of
prostitut ion
Rape 376…………….
Section 509 - Word, gesture or act intended to insult the modesty of a woman.
REDRSSAL MECHANISM
Within Work Place
Internal Complaints Committee(ICC)
Outside Workplace
Dial 100/ Local Police
(Instant Mechanism)
Written Complaint to Police
How to write a complaintTo The officer in chargeBidhannagar _____________PS
Sub:…………………………………………………………………….Sir,----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Sincerely,
xxxxxxxxxxx Mobile no
1.W-WHAT INFORMATION HAS COME TO CONVEY.2.W-IN WHAT CAPACITY.3.W-WHO COMMITTED CRIME.4.WHOM AGAINST CRIME COMMITTED.5.W-WHEN(Time)6.W-WHERE (Place)7.W-WHY(Motive)8.W-WHICH WAY(Actual occurrence)9.W-WITNESSES.10.W-WHAT WAS TAKEN AWAY .11.W-WHAT TRACE WERE LEFT BY THE ACCUSED.
WHAT ARE THE ESSENTIALS OF AN F.I.R?
Thank You