**A law is a set of rules related to a specific subject:**

- A law is created by an authority empowered by the constitution.

**Structure of Law:**

1. Law
- Section
- Subsection
- Clause
- Subclause
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**Protection of Women from Sexual Harassment at the Workplace:**

This law originated due to the *Vishakha Guidelines*.

**Vishakha Guidelines:**

- A case was filed in the Supreme Court concerning the sexual harassment of a woman
named Bhanwari Devi during her employment.
- During the hearing, the Supreme Court recognized that the existing laws in India were
inadequate to protect women in workplaces.
- Consequently, the need for a comprehensive law was emphasized.
- Due to the absence of specific laws, the Supreme Court issued directions to address such
cases and to protect women effectively.

In 2013, building upon these guidelines, the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act was enacted.

Structure of the Act:

Chapters and Sections Trick = PILFIDD

Preliminary Sections (Sections 1–3):

Definitions and the scope of the Act.

Internal Complaints Committee (Section 4):

Establishment of committees within organizations to address complaints.

Local Complaints Committee (Sections 5–8):

Formation of committees at the district or local level to address grievances.

Filing of Complaints (Sections 9–11):

Procedures for lodging complaints.

Investigation of Complaints (Sections 12–18):

Rules and processes for inquiry into allegations.

Duties of the Employer (Section 19):

Responsibilities of employers to ensure a safe working environment.

Duties of District Officers (Section 20):

Roles of district authorities in implementing the Act.

Miscellaneous Provisions (Sections 21–30):

Additional guidelines and enforcement measures

Sections and Their Subjects:

Section 1: Scope and Introduction

Section 2: Definitions

Section 10: Conciliation

Section 11: Inquiry

Section 12: Actions During Inquiry

Section 15: Compensation

Section 18: Appeal

Section 19: Duties of the Employer

Section 20: Duties of the District Officer

Section 26: Penalty

Victimized Woman (Section 2):

Any woman who experiences sexual harassment at her workplace is referred to as a victimized
woman.

Even if a woman working as domestic help experiences harassment, she is entitled to

protection under this law.

Employee (Section 2):

Includes the following categories:

Permanent employees and contractual workers.

Part- time employees.

Apprentices.

Trainees.
Daily wage workers.

Employer:

For government departments: The head of the office.

For private organizations: The authority responsible for workplace management.

For household work: The individual employing domestic help.

Sexual Harassment

Definition and Inclusion in Sexual Harassment:

Physical contact and advances.

A demand or request for sexual favors.

Making sexually colored remarks or inappropriate jokes.

Displaying obscene imagery or other indecent behavior.

Section 3: Prohibition of Sexual Harassment

No woman should face sexual harassment at any workplace.

Other behaviors included in sexual harassment:

Claiming benefits or threatening harm in relation to employment.

Positive or negative conduct affecting employment outcomes.

Creating a hostile or intimidating work environment.

Actions causing a sense of humiliation or threatening a woman's safety.

Interrupting or obstructing a woman's professional duties.

Internal Complaints Committee (ICC):

Formation of an ICC is mandatory in workplaces with 10 or more employees.

The employer is responsible for establishing the committee.

The employer must appoint a senior female employee as the presiding officer.

Additionally, three members are to be appointed:

One member must be from an NGO.

The other two can be employees.

The committee must ensure adequate female Representation

Local Complaints Committee (LCC):

The LCC is established by the district officer.

The committee comprises one chairperson and three members.

The chairperson is an eminent woman dedicated to working for women's rights in the region.

One member must be from an NGO.

One member is selected from local women employees.

The committee must ensure adequate representation of women.

It is mandatory to include representation from SC/ST or marginalized communities within the
LCC.

Workplace (Section 2):

A workplace includes offices, factories, and any other related premises.

If a woman is sent to another location for work- related purposes, that location is also
considered a workplace.

Examples:

Hospitals and nursing homes for doctors and nurses.

Hostels and mess facilities for women students.

Homes for women working as domestic help.

Filing of Complaints:

Complaints are generally submitted to the ICC, but under specific circumstances, they can be
filed with the LCC:

If the employer has not constituted an ICC.

If the complaint is against the employer.

For women working in households.

Complaint Filing Process:

A written complaint must be filed by the aggrieved woman.

The complaint must be submitted within 90 days of the incident.

The complaint should include:

The name of the accused.

The date and time of the incident.

A detailed description of the incident.

Cases Where Complaints Can Be Filed with the LCC:

The employer has failed to establish an ICC.

The complaint is against the employer.

Women working in households as domestic help.

Conciliation:

Conciliation can be offered at the request of the woman before the inquiry begins; however, it
cannot involve any financial settlement.

If conciliation is successful, a report is submitted to the employer/district officer.

Inquiry/Investigation of Complaints:

If conciliation is unsuccessful, an inquiry begins. Both parties are given an opportunity to

present their cases.

During the inquiry, the committee has powers equivalent to a civil court.

The inquiry must be completed within 90 days.

A report of the findings is submitted to the employer/district officer.

Actions During Hearings:

The committee can recommend the following:

Granting the aggrieved woman leave of up to 90 days.

Transferring the aggrieved woman to another location.

Transferring the accused to another location.

Providing compensation to the woman for mental or emotional trauma, to be recovered from
the accused.

Duties of the Employer (Section 19):

Provide a safe working environment for women.

Ensure the establishment of an ICC.

Steps for Awareness and Assistance for Women:

Conduct workshops and training sessions to raise awareness among women.

If an aggrieved woman seeks legal action, she must be provided with appropriate support.

Display awareness messages prominently at relevant locations in the workplace.

Duties of the District Officer (Section 20):

Provide safe and inclusive workplaces.

Constitute the Local Complaints Committee (LCC).

Organize training and awareness programs for women.

Display awareness messages at workplaces.

Ensure appropriate assistance for women in need.

Penalties:
If the employer fails to fulfill their duties, a fine of ₹50,000 can be imposed.

Repeated violations can lead to a fine of up to ₹1,00,000 and cancellation of licenses.

Protection of Women from Domestic Violence Act, 2005: (Trick : PD PPM)

This act was passed in 2005 and came into force on October 26, 2006.

It contains five chapters and 37 sections.

Chapters and Key Sections:

Preliminary Provisions (Sections 1–2):

Definitions and scope of the Act.

Domestic Violence (Section 3):

Definition and forms of domestic violence.

Powers and Duties of Protection Officers and Service Providers (Sections 4–11):

Roles and responsibilities of officials.

Procedure for Obtaining Relief (Sections 12–29):

Steps for securing relief and legal protections.

Miscellaneous Provisions (Sections 30–37):

Additional rules and enforcement measures.

Section Number Subject

Sections and Their Subjects:

1 Title, Scope, and Commencement

2 Definitions

3 Domestic Violence

5 Duties of Police Officers, Service Providers, and Magistrates

6 Duties regarding Shelter Homes

7 Duties regarding Medical Facilities

8 & 9 Protection Officers

10 Duties of Service Providers

12 Filing of Applications with Magistrates

17 Right to Residence

18 Protection Orders

19 Residence Orders

20 Monetary Relief

21 Custody Orders (Custody of Children)

22 Compensation Orders

29 Appeal

31 & 33 Penalty for Breach of Protection Orders

Victimized Woman (Aggrieved Woman):

A woman is considered "victimized" if she has been subjected to domestic violence by the
respondent within a domestic relationship.

Only women can file complaints under this law, but respondents can be men, women, or even
minors. (this law protect only women)

Domestic Relationship:

A domestic relationship exists when two or more people live together in a shared household,
either currently or previously, with or without marital ties. It may also include other
relationships like:

Live- in relationships.

Siblings (brother and sister).

Father- daughter or mother- son relationships.

Domestic Violence (Section 3):

Domestic violence includes the following forms:

Physical Abuse:

Causing bodily harm or injury.

Assaulting or harming a woman’s health or body.

Putting her life in danger.

Sexual Abuse:

Establishing physical relations against her will.

Engaging in acts that degrade her dignity or force her into inappropriate or harmful sexual
activities.

Economic Abuse:
Denying a woman the right to use family resources or access necessary amenities.

Forcing her to relinquish her earnings or refusing to provide financial support.

Taking her property or valuables without consent.

Emotional Abuse:

Verbal insults, threats, or humiliation.

Preventing her from having children or pressuring her to bear a male child.

Deprivation of Property:

Misappropriating a woman’s property is also considered economic abuse.

protection officers:
- Government appoint > = 1 protection officer
in each district.
- he help the magistrate in his work-
- he help the woman in filling a complaint
- He provide financial health facility to women
- They prepare domestic incidence report

Service providers:
- NGO registered in company actor
society act. They work as protection officers.

Hearing of complaint process:

complaint can be done by victim women or anyone who have knowledge regarding incident-
- First hearing is done in 3 days.
- case should solved in 60 days.
- victim and accused both are given advised
to consult with experts.
- Recording can also be done of meeting.
Magistrate Can Issue the Following Orders:

Protection Order:

This is a prohibitory order.

It prevents any future acts of domestic violence.

It restricts the respondent from contacting the woman.

It prohibits the respondent from entering the woman’s workplace or educational institution.

Restriction on the respondent from alienating or disposing of property, bank accounts, or

lockers.

Prohibition on the respondent from causing harm to the woman or her relatives.

Residence Order:

The woman has the right to reside in the shared household, and this right cannot be denied.

The respondent or their family can be restricted from entering the part of the house where the
woman resides.

The respondent and their family may be ordered to vacate the house.

If required, the woman can be provided alternative accommodation on rent, which the
respondent must pay.

Monetary Relief:

The respondent may be directed to provide financial support for the woman and her children,
including expenses for rent, medical care, education, and food.

Custody Order:

The woman can be granted custody of children based on her petition, especially if their
association with the respondent is detrimental to their mental or physical well- being.

Compensation Order:

Compensation can be awarded to the woman for economic losses, loss of income, and
emotional or psychological trauma caused by the respondent.

Punishment:

If the respondent fails to comply with the protection order, they may be fined up to ₹20,000
and sentenced to imprisonment for up to 1 year.

If the protection officer fails to fulfill their duties, they may also face similar punishment.

Child Labor:

In India, the Child Labor (Prohibition and Regulation) Act was enacted in 1986.

Under this law, children below the age of 14 years are prohibited from being employed in
hazardous work.

It allows children to be employed in non- hazardous work under certain specific conditions.

The government regulates the terms and conditions of work for children.

Right to Education and Child Labor (Prohibition and Regulation):

In 2009, the Right to Education Act was enacted in India, making education compulsory for
children up to the age of 14 years.

To align with this, amendments were made in 2016 to the Child Labor (Prohibition and
Regulation) Act.

Key Changes in 2016 Amendment:

Definition of Child and Adolescent:

Child: Individuals below the age of 14 years.

Adolescent: Individuals aged between 14 and 18 years.

Prohibition:

Complete ban on employing children in any work.

Adolescents are prohibited from engaging in hazardous occupations.

Exemptions:

Children can assist their families in household occupations after school hours.

Children can participate in artistic activities like acting, sports, or dancing.

Adolescents can work in non- hazardous occupations.

Education Priority:

Any work should not interfere with the child’s education.

Adolescents must not be employed in dangerous work.

Government Regulations:
The government will establish rules and monitor the implementation of these provisions.

Penalties:

For Parents:

First- time offenders are exempt from penalties.

Repeat offenders can be fined up to ₹10,000.

For Employers:

Individuals employing children can be fined between ₹20,000 and ₹50,000 and face
imprisonment of 6 months to 2 years.

Employing adolescents in hazardous work carries similar penalties.

The government has established the PENCIL Platform to register complaints related to child
labor.

PENCIL: Platform for Effective Enforcement of No Child Labour.

The government has also set up the Child Labour Rehabilitation Fund for the welfare of
rescued children.

For every rescued child or adolescent, the government deposits ₹1,500 into the fund.

In addition, the fine amount collected from offenders is also deposited into the fund.

Protection of Children from Sexual Offences Act, 2012 (POCSO Act):

The POCSO Act was enacted in 2012 and came into force on 14th November 2012.

The law contains 9 chapters and 46 sections. It provides procedures for filing complaints and
conducting hearings related to sexual offences.

The Act prescribes stringent punishments for such crimes.

Classification of Offences Under POCSO Act:

Penetrative Sexual Assault (Section 3):

If a person penetrates a child's private parts, mouth, or any other body part, or causes the
child to do so with their body or an object, they are guilty of penetrative sexual assault.

Aggravated Penetrative Sexual Assault (Section 5):

When the offence is committed by certain persons or in specific circumstances, it is

categorized as aggravated penetrative sexual assault. Examples include:

Police officers.

Members of armed forces or security personnel.

Staff or administrators of educational institutions.

Supervisors or staff of child care homes.

During natural disasters.

Committed as part of communal violence.

Gang- related offences.

Use of weapons.

Resulting in the child’s death.

Permanent injury to a child’s body.

Causing severe mental trauma to the child.

If the offence leads the child to commit suicide.

child' relative

Repeated abuse of a child.