Archive
MEMO to Prime Minister: Re Jail Bharo – 6th July
02/July/2010
To, Bangalore
Honorable Prime Minister of India,
Prime Minister’s Office, Room No: 148 B,
South Block, New Delhi – 110001
Subject: National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are supporting Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.
About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.
National Family Harmony Society, hereby, announces our support to Mr. Ravindra Gangurde’s “Jail Bharo Andolan” as a sign of protest against arbitrary arrests of ordinary law-abiding citizens under IPC Sections 498A, 304B, Dowry Prohibition Act and related laws.
Honorable members of the Parliament have been raising questions in the parliament at regular interval regarding the heavy misuse of IPC Sections 498A, 304B, Dowry Prohibition Act and related laws. Please find some of the questions raised by members of Parliament regarding heavy misuse of women centric laws.
T a b l e – 1
| Sl No | Question number | House | Name of Member | Answered on | Subject |
| 1 | 1409 | RAJYA SABHA | SHRI MOTILAL VORA | 01.08.2003 | MISUSE OF DOWRY PROHIBITION ACT |
| 2 | 1610 | RAJYA SABHA | SHRI R.S. GAVAI | 16.03.2005 | INCREASING NUMBER OF FALSE DOWRY CASES |
| 3 | 2698 | RAJYA SABHA | SHRI ABU ASIM AZMI | 22.08.2005 | AMENDMENTS TO DOWRY PROHIBITION ACT |
| 4 | 2805 | RAJYA SABHA | PROF. RAM DEO BHANDARY | 23.08.2006 | HARASSMENT DUE TO DOWRY ALLEGATIONS |
| 5 | 3876 | RAJYA SABHA | SHRI MAHENDRA SAHNI | 10.05.2007 | AMENDMENT IN ANTI DOWRY LAW |
| 6 | 4501 | RAJYA SABHA | SHRI SURENDRA LATH | 16.05.2007 | MISUSE OF DOWRY PROHIBITION ACTs |
| 7 | 1474 | RAJYA SABHA | SHRI BRIJ BHUSHAN TIWARI | 03.12.2007 | AMENDMENTS TO DOWRY LAWS |
| 8 | 1696 | RAJYA SABHA | SHRI LALIT KISHORE CHATURVEDI | 05.12.2007 | PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES |
| 9 | 2933 | RAJYA SABHA | SHRI KAMAL AKHTAR | 21.04.2008 | STIFFER ANTI DOWRY LAWS |
| 10 | 1474 | RAJYA SABHA | SHRI BRIJ BHUSHAN TIWARI | 03.12.2007 | AMENDMENTS TO DOWRY LAWS |
| 11 | 1073 | RAJYA SABHA | SHRI AMAR SINGH | 10.03.2008 | AMENDMENT OF ANTI DOWRY ACT |
| 12 | 304 | RAJYA SABHA | ABU ASIM AZMI | 20.10.2008 | MISUSE OF ANTI DOWRY ACT |
| 13 | 440 | LOK SABHA | SHRI SANAT KUMAR | 28.08.2001 | Dowry Prohibition Act and Domestic |
| 14 | 1012 | LOK SABHA | Shri RAMDAS ATHAWALE | 06.03.2007 | AMENDMENT IN DOWRY ACT |
| 15 | 440 | LOK SABHA | Shri SANAT KUMAR MANDAL | 20.02.2009 | DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT |
| 16 | 2030 | LOK SABHA | Shri DALPAT SINGH PARASTE | 30.11.2007 | ABUSE OF ANTI-DOWRY LAW |
| 17 | 193 | LOK SABHA | Shri RAGHUVIR SINGH KAUSHAL | 16.11.2007 | FALSE IMPLICATION IN DOWRY DEATH CASES |
| 18 | 1181 | LOK SABHA | Kunwar REWATI RAMAN SINGH | 21.08.2007 | COMPLAINTS ON DOWRY BY NRIs |
| 19 | 382 | LOK SABHA | Shri N CHELUVARAYA SWAMY SWAMYGOWDA | 20.11.2009 | MISUSE OF DOWRY PROHIBITION ACT, 1961S |
Honorable Supreme Court and various High Courts have observed from time to time that these women centric laws are being highly misuse. Honorable Supreme Court had observed that IPC 498A is being used as “Legal Terror”. Some of the observation of the Supreme Court and various High Courts are compiled below:
T a b l e – 2
| Sl No | Court | Case Number/Reported | Year | Between |
| 1 | Supreme Court | Writ Petition (C) No. 141 of 2005) | 2005 | Sushil Kumar Sharma Vs. Union of India (UOI) |
| 2 | Supreme Court | Appeal (crl.) 206 | 2008 | Som Mittal Vs Govt. of Karnataka |
| 3 | Supreme Court | Appeal (crl.) 1716 of 2007 | 2007 | Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr |
| 4 | Supreme Court | 2000 (2) JCC (SC) 657: 2000 (5) SCC 207 | 2000 | Kans Raj vs. State of Punjab and others |
| 5 | Delhi HC | Crl.A.No.339-41/2005 | 2010 | - |
| 6 | Delhi HC | CRL.M.C.7262/2006 | 2007 | - |
| 7 | Delhi HC | CRL. R 462/2002 | 2003 | Savitri Devi Versus Ramesh Chand and Ors. |
| 8 | AP HC | A. A. O. No. 1039 of 2001 | 2002 | Saritha Vs R.Ramachandra |
| 9 | Punjab & Haryana HC | (1990)2 Rec Cri R 243 | 1990 | Jasbir Kaur vs. State of Haryanas |
| 10 | Supreme Court | CriLJ 2993 | 2000 | Kanaraj vs. State of Punjab |
| 11 | Karnataka HC | 2002 CriLJ 3605 | - | State Vs. Srikanth |
| 12 | Supreme Court | 2002 CriLJ 4124 | 2002 | Mohd. Hoshan vs. State of A.P. |
| 13 | Delhi HC | 2003 CriLJ 2759 | 2003 | Savitri Devi vs. Ramesh Chand |
| 14 | Punjab & Haryana HC | 2003 CriLJ 3394 | 2003 | Bhupinder Kaur and others vs. State of Punjab and others |
| 15 | Jharkhand HC | 2004 CriLJ 2989 | 2004 | Arjun Ram Vs. State of Jharkhand and another |
| 16 | Punjab & Haryana HC | RCR (Criminal) 163 | 2002 | Mukesh Rani Vs. State of Haryana |
| 17 | Delhi HC | 2001 (2) JCC (Delhi) 86 | 2001 | Anu Gill Vs. State & Anrs |
| 18 | Supreme Court | AIR 2005 SC 1989 | 2005 | Ramesh & Ors. Vs. State of Tamil Nadu |
| 19 | Delhi HC | CHANDER KANTA LAMBA & ORS | - | - |
| 20 | ADDITIONAL SESSIONS JUDGE | Revision No. 88/2008/2002 | 2002 | - |
| 21 | Punjab & Haryana HC | - | 2002 | Krishan Jeet Singh vs State Of Haryana |
| 22 | Orissa HC | - | 2003 | Benumadhab Padhi Mohapatra vs State |
| 23 | AP HC | Criminal Petition No. 6642 of 2007 | 2007 | Kamireddy Mangamma and others |
| 24 | Allahabad HC | CRIMINAL MISC. WRIT PETITION No. – 3322 of 2010 | 2010 | Sanjeev Kumar & Others vs State Of U.P.s |
The Universal Declaration of Human Rights states:
- Everyone has the right to life, liberty and security of person.
- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
- No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
In blatant violation of all the above rights, thousands of husbands and their families are arbitrarily arrested every year, without evidence or investigation, under IPC Sections 498A, 304B, Dowry Prohibition Act, and related wife-centric laws which presume that the accused are “guilty until proven innocent”.
National Human Rights Commission (NHRC) has noted the misuse of dowry laws, arrest of innocent individuals and the resultant overcrowding of prisons. NHRC has urged the judiciary and law enforcement agencies to take measures against these abuses. High Courts across the country and the Supreme Court have condemned the misuse of dowry laws. The Commissioner of Police, Bangalore had issued standing instructions vide memo to check arbitrary arrests. The DGP, Karnataka has also issued a circular to implement 11 guidelines issued by Honorable Supreme Court of India regarding arrests and detention of Individuals in Cr WP No. 539/1986 and Cr WP No.592/1987. By taking note of the heavy misuse of the 498A IPC, recently on October 20, 2009, Union Ministry of Home Affairs had issued an advisory to all the state Governments and Union Territories. National Commission of Human Rights also has issued guidelines regarding arrests.
Nevertheless, abuse of police powers continues and unnecessary arrests have only been growing in the State of Karnataka. Police routinely enter people’s homes at ungodly hours, take accused men and women into custody, and incarcerate them in the name of “protecting women from cruelty and harassment”. Innocent citizens are illegally detained, humiliated, subjected to mental and physical torture, blackmail and extortion. The honor and reputation of these accused individuals is simultaneously attacked through media trial and unrestrained slander by women’s organizations every day. Thousands of men and women have been driven to suicide due to the trauma of false cases, arrest, prolonged trials and the resultant humiliation and financial troubles they have to endure.
According to statistics published by the National Crime Records Bureau in 2007 alone, an overwhelming 94% of the individuals arrested under IPC Section 498A were found not guilty. A closer look at individual cases under Section 498A reveals that arrests are made by lower cadre police officials without proper justification and only with the intent of terrorizing innocent citizens and extorting money from them under the threat of imprisonment and long-drawn legal battles.
Our numerous pleas to the Government of India to stop arbitrary arrests of citizens under IPC Section 498A have fallen on deaf ears. On the other hand, new laws are always on the anvil (sexual assault, work place harassment, acid attacks etc.) which stress on immediate arrest of men upon mere accusations made by women.
While it is amply clear that under the prevailing circumstances, arrest is inevitable for any man facing allegations of abuse or assault, it is imperative that innocent citizens are prepared to go to jail even if they committed no crime. Ordinary law abiding citizens and their kin should be freed from the fear of jail and the concomitant feelings of humiliation and suffering so that they do not drive themselves into depression, ruin their health or end their own lives.
In light of the above facts, we, the National Family Harmony Society (NFHS) along with Indian Family Foundation (IFF), Mother And Sisters of Husband Against Abuse of Law (MASHAAL), All India Forgotten Women’s Association (AIFWA) and All India Men’s Welfare Association (AIMWA), are extending our support to Mr. Ravindra Gangurde of Shree Shravanbal & Shree Laxman Bhikaji Gangurde Seva Kendra, who has called for a “Jail Bharo Andolan” on 6 July 2010.
OUR Demands:
- We request your personal attention to stop the heavy misuse of Gender Biased laws such as 498A, 304B, Dowry Prohibition Act and related laws.
- No arrest before proper investigation in case of a complaint under 498A, 304B, Dowry Prohibition Act and related laws.
- Implement recommendations of Law Commission and “malimath committee” to make 498A bailable.
- Bring in amendment to stop arbitrary arrest of elderly persons, children and pregnant sisters.
P Suresh, President,
9880141531
National Family Harmony Society
Enclosures:
A) The Commissioner of Police, Bangalore
B) Circular by The DGP, Karnataka
C) Advisory by Union Ministry of Home Affairs
D) Arrest Guidelines by National Commission of Human Rights
E) Letter from Mr. Gangurde calling for “Jail Bharo Andolan” – Marathi and English Translation
F) Article from The Sunday Indian; Dowry Law Sec 498(A) – How and why the law is an ass.
Collection by Mahesh
1.Vijayashree-flees-again-with-son
2.Why do techies embrace death?
4.Please don’t let the law loose on mothers-in-law: Nena Dhulia
5.Woman held with bachelor: The Sangai Express
6.Indian woman held in Saudi Arabia for husband’s ‘murder’
7.Minister’s gunner kills self fearing false dowry charges against family
8.Syed Makdoom – Techie commits Suicide due to seperation from son
9.Men Who Pause – United Regressive Alliance
10.More News from Pariwarik Suraksha
11.Laws will be made gender neutral in four years: Moily
12.Unsupported account of rape victim can’t lead to conviction:Court
13.Abhinaya-gets-2-years-in-jail
14.Family-court-to-get-a-creche
15.Woman accused of drunk driving released on bail
17.Woman assaults auto driver, abuses cops
18.Techie kills wife, commits suicide in Bangalore
19.Dowry death and bride burning a look beyond the smoke screen – MNS
20.Misuse of Section 498 A – Press Information Bureau
21.Web designer commits suicide in Jail
22.Techie commits suicide in Jail
23.Assuring help, woman abducts baby
25.Woman booked for helping man rape
26.Hunt on for woman shoplifter
27.Quarrelling duo commits suicide
28.Two held for murder of BPO employee
29.Undertrial jumps off hospital balcony dies
30.Woman lures mom, abducts male infant
31.Delhi – Doc mom injects twins to death
32.Woman arrested for murdering husband
33.Woman arrested with her friend for killing husband
34.Goa Mum-daughter duo assault cops
36.Wife lover get life sentence for killing husband
37.Woman gangster outstrips police probing robberies
38.Woman gets life for killing neighbour
39.Woman techie held for PG thefts
40.Mom kills kid & hangs herself
41.Woman kidnaps baby to aid her second marriage
42.Woman thrashes hubby in public
43.Woman cheats firm of Rs 4.5L, arrested
44.Obscene email probe points to woman
45.Woman cheats mother-in-law of land worth Rs 3.5 lakh
46.Childless woman abducts 4-month-old baby, caught
47.Sex with 13-year-old lands woman in jail
48.Woman aide of Hawara detained from Punjab
49.Woman, 20, convicted of infecting lover with HIV
50.Woman burglar arrested in city
51.Woman beheads son for demanding meal
53.Woman robs octogenarian in city
54.Woman throws teenager out of train
55.Woman gets life term for killing husband
56.Depressed woman attacks stranger in mall
57.In a first, woman accused of chain snatching
58.Woman ‘Natvarlal’ drugs escorts, flees from custody
59.Drunken woman pulls autodriver’s hair, assaults cops
60.Woman kidnaps baby to aid her second marriage
61.Court serves notice to woman for false evidence
62.Court-serves-notice-to-woman-for-false-evidence
63.False complaint: Woman pays 5 lakh
64.3 kg ketamine seized from woman
65.Woman robs travel agent, surrenders before police later
66.Woman steals 1.36kg gold at wedding
67.Six children rescued, woman arrested for trafficking
68.IITian murder case: Mystery woman missing
69.Woman driver gives cop a shock
70.Woman held with live cartridges at Lucknow airport
71.Woman, 2 others held for murder
72.Drunk woman rams car into police jeep, bike; 2 killed in Mumbai
73.First woman jailed for drunk driving
74.HC quashes ’15-yr-old’ domestic violence case
75.Wife gave supari to eliminate man’s lover
76.Newly-married woman sets husband ablaze
77.Woman Maoists more ferocious than males
78.Woman thief held by Rabodi police
79.Woman kills daughter, ends life
80.Airhostess jumps off cruise ship family alleges husband beat her regularly
81.Locking-hubby-out-is-desertion-HC
82.Woman ‘bobbitises’ brother-in-law
83.Woman criminals: India’s most wanted
84.Woman jailed for seducing minor
85.Woman serial killer ‘Cyanide Mallika’ gets death sentence
86.Woman wanted for trafficking held at airport
87.Woman throws infant daughter in river
88.Woman who kidnapped infant nabbed in Noida
89.Indian-origin woman convicted of killing daughters in UK
90.Woman jailed for raping man
91.45-yr-old woman accused of marrying minor
92.Woman in twin murder identified
93.Woman tries to kill stepson, held
94.Woman abducts grandchild, demands Rs 1L
95.Woman kills lover’s mother, arrested
96.Woman pulled up by court for levelling false rape charges
97.Woman among 5 SUV-lifters caught
98.Fake woman S-I robs man of gold
99.Jealous woman bobbitises husband
100.Woman held for supplying sex workers
101.Woman gets husband killed, confesses
102.Woman arrested for killing four children
103.Woman gets 5 year jail for forcing minor into prostitution
104.Woman, lover held for husband’s murder
105.Kids, woman caught selling hooch on train
106.Domestic violence leads to more single-woman homes
107.Teen girl tries to rob again, caught
108. The fairer face of crime in India
109. TU BEWAFA HAI
110. Woman radiologist held for cheating bizman of Rs 59.7L
111. Scotland’s ‘serial bride’ scandalises Indian society
112. Women MPs, MLAs too have criminal records
113. Rise of Women in world of crime
114. Abducted bank manager rescued
115. South Delhi woman held for lifting bags at IHC, police claim several cases solved
116. Delhi police bags high-profile female thief
117. Impersonating women caught by judge
118. Woman caught with fake currency worth
119. Women ‘drug couriers’ on the rise, says report
120. Crime: Women rubbing shoulders with men
121. Woman accused of drunk driving released on bail
122. At women’s jail opening, Patil seeks longer jail term for terror accused
123. 45-year-old woman suffering from cancer accused of duping banks, house-owners
124. Hooch tragedy: Woman suspect held
125. Drug racket busted, woman held
126. Woman murder accused wants narco tests to prove innocence
127. Woman, two others arrested in flesh trade racket
128. Complaint fake, gangrape accused may sue woman
129. Woman threatens neighbour
130. Call records give the lie to rape charge
131. Woman assaults auto driver, abuses cops
132. 2 women arrested with drugs
134. Girl arrested for stealing laptops
135. Woman arrested in connection with alleged murder-for-hire plot
136. Woman arrested for poisoning two children
137. Woman held for killing children
138. Woman held for theft in shut factory
139. Woman dupes mother of land
141. Rs 2.85 lakh fake currency recovered from woman at Attari border
142. Job seeker duped by fake HR gang
144. Nashik crime branch finally gets its ‘bhabhi’
145. After finding her husband dead, she killed her kids
146.Indian woman held in Saudi Arabia for husband’s ‘murder
147.Woman held on charge of murder
148.Woman held for human trafficking
149.Woman held for duping contractors, villagers
150.Woman caught trying to kidnap baby
151.Woman held for carrying heroin
152.Woman robber targets ex-MLA’s wife alone at home
153.Indian origin woman jailed in U.K. for killing daughters
154.Woman posing as doctor held
155.Woman caught for possessing 114 tortoises in Howrah
156.New Delhi: Woman arrested, kidnapped child recovered
157.Tamil Nadu – Woman posing as Sub-Inspector relieves man of jewellery
158.Woman held on blackmail charge
159.Woman arrested for cheating
160.Woman, aide held for abduction-cum-murder
161.Woman held on charges of theft
162.Woman accused of cheating people surrenders
163.Woman trickster nabbed in Tirupati
164.Woman sentenced to 2 years imprisonment
165.Fake currency seized; woman arrested
166.One woman held with heroin
167.Woman poses as victim to claim relief
168.Woman held from SAT Hospital remanded
169.Woman `beats’ husband to death
170.Woman inspector to pay compensation
171.Woman who posed for ‘sting operation’ held
172.Police charge woman with killing daughter
173.Woman army officer gets one-year jail
174.Woman ISI suspect held at Kolkata airport
175.New Delhi : Woman held for husband’s murder
176.Woman held on cheating charge
177.Woman bank employee held in financial cheating case
178.Woman attempting to smuggle Ketamine held
179.Woman with revolver held at Mumbai airport
180.Woman held for `impersonation’
181.Woman hires hit-men for Rs 1,500 to murder husband
182.Woman behind Babbar Khalsa operations
183.Woman held for killing daughter
184.Woman charged with killing husband
185.Woman gets life term for throwing baby to death
186.Woman held on bootlegging charge
187.Woman held for husband’s murder
189.Court imposes Rs. 10,000 fine on woman for holding back facts
190.Woman, paramour held on murder charge
191.Woman gets life term for killing boy
192.Woman held on cheating charge
193.Woman held for ‘killing’ husband
194.Woman arrested on cheating charges
195.Woman accused of killing husband
196.Woman held on charge of pushing girl off bridge
197.Woman arrested for email fraud
198.Woman detained for trying to travel with forged passport
199.Woman official held while taking bribe from widow
200.Woman gets lifer for daughter’s killing
202.Drunk woman driver kills 2
203.She used her scholarly looks to steal
204.Retd woman army officer gets a year’s jail term in graft case
205.Woman held for robbery in Dadar
206.Woman held for kidnapping 3-yr-old
207.Woman dupes people promising flats, held
208.Woman shop lifts jewellery worth Rs 43,000
209.Woman shop lifts jewellery worth Rs 43,000
210.Woman kidnaps hubby’s ex-girlfriend
212.Sister Kills brother with Lover help
213.Harassed hubby opts for jail
214.Faced by humiliation at the hands of her seniors drove her to Spy for Pak against India
RAJYA SABHA 01.08.2003
GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 1409
ANSWERED ON 01.08.2003
MISUSE OF DOWRY PROHIBITION ACT .
1409 . SHRI MOTILAL VORA
(a) whether Government are aware that the provisions of the Dowry Prohibition Act are being misused;
(b) if so, the steps taken/proposed to be taken by Government to stop it; and
(c) if not, the reasons therefor?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI JASKAUR MEENA)
(a) There is no information about misuse of the Dowry Prohibition Act in the country with the Government of India.
(b)&(c) Does not arise.
RAJYA SABHA 16.03.2005
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO 1610
ANSWERED ON 16.03.2005
INCREASING NUMBER OF FALSE DOWRY CASES .
1610 . SHRI R.S. GAVAI
(a) whether it is a fact that number of false dowry cases is increasing in the country;
(b) if so, the details of dowry cases registered during the last three years;
(c) whether it is also a fact that husband and his family get relief only after long periods of harassment;
(d) whether Government propose to bring any provision by making some changes in the said Act for registration of actual cases of dowry harassment;
(e) if so, the details thereof; and
(f) if not, the reasons therefor?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI MANIKRAO HODLYA GAVIT)
(a): As per statistics compiled by the National Crime Records Bureau, the number of cases of dowry death, which were declared false due to mistake of fact or of law during 2002 was 396 in comparison to 400 in 2001. The number of such cases further came down to 312 in 2003.
(b): The number of cases of dowry deaths reported during 2001-2003 are as under :
Year Number of cases
2001 6851
2002 6822
2003 6208
(c): It depends on case to case.
(d) to (f): There is no such proposal under consideration of the
Government. The direct responsibility for implementing the Dowry Prohibition
Act, 1961, including registration and investigation of the cases of dowry
related offences, is that of State Governments.
RAJYA SABHA 22.08.2005
GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 2698
ANSWERED ON 22.08.2005
AMENDMENTS TO DOWRY PROHIBITION ACT .
2698 . SHRI ABU ASIM AZMI
AMAR SINGH
(a) whether Government are aware that section 498-A of the Indian Penal Code enacted to prevent harassment to women for dowry is being misused by women to harass their in-laws;
(b) if so, whether Government propose to amend the Dowry Prohibition Act so as to avoid its misuse;
(c) if so, the details thereof and by when, if not, the reasons therefor; and
(d) whether it is also a fact that complaints against the in-laws and their family members are registered in the police stations even after lapse of ten or more years of the marriage and if so, the reasons therefor?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI KANTI SINGH)
(a) National Commission for Women (NCW) has informed that there is no statistical data available to prove that Section 498 A of the Indian Penal Code (IPC) is being misused by women to harass their in-laws.
(b)&(c) Does not arise.
(d) In terms of Section 498 A of the IPC, if a person being the husband or the relative of the husband of a woman subjects her to cruelty, he can be held guilty of offence under the said Section. Subjecting the woman to cruelty at any time during the marriage is culpable under this Section.
RAJYA SABHA 23.08.2006
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO 2805
ANSWERED ON 23.08.2006
HARASSMENT DUE TO DOWRY ALLEGATIONS .
2805 . PROF. RAM DEO BHANDARY
(a) whether it is a fact that many families in Delhi are suffering due to exaggerated allegations of harassment and dowry cases made by women against their husbands and other family members, involving them in criminal misappropriation and cruelty; and
(b) if so, what action Government have taken with regard to the Judgement of the Delhi High Court of 19th May, 2003, directing Government to review and make suitable amendments in the IPC?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
( SHRI S. REGUPATHY)
(a): In some cases women complainants make exaggerated allegations against harassment by in-laws. While handling such cases adequate precautions are taken by Delhi Police to avoid any undue harassment to innocent relatives. Delhi Police has set up a Crime Against Women Cell and similar Cells in all the nine Police Districts. The CAW Cells, on receipt of complaints, initially take steps for reconciliation of the aggrieved parties through counseling and to find out real facts of the matter. If the reconciliation efforts do not succeed, registration of a case under appropriate section of IPC is recommended to the concerned DCP.
(b): The judgment dated 19th May, 2003 passed by the High Court of Delhi in Criminal Revision No. 462/2002 does not contain any direction to amend IPC.
RAJYA SABHA 10.05.2007
GOVERNMENT OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO 3876
ANSWERED ON 10.05.2007
AMENDMENT IN ANTI DOWRY LAW .
3876 . SHRI MAHENDRA SAHNI
(j) whether it is a fact that Non-Resident Indians have made a demand to Government with regard to making an amendment in the Anti-Dowry Law; and (k) if so, the details thereof?
ANSWER
THE MINISTER OF OVERSEAS INDIAN AFFAIRS
(SHRI VAYALAR RAVI)
(a)& (b): A couple of representations have been received against alleged misuse of Section 498- A of the Indian Penal Code and based on the comments of National Commission for Women and Crime Against Women Cell, Delhi Police, the Government is of the view that no dilution of the provisions relating to dowry is advisable considering the continuing violence against women and their subordination.
RAJYA SABHA 16.05.2007
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO 4501
ANSWERED ON 16.05.2007
MISUSE OF DOWRY PROHIBITION ACT .
4501 . SHRI SURENDRA LATH
(a) whether it is a fact that out of 58000 cases filed under the provision of the Dowry prohibition Act, 25000 were found fake;
(b) whether it is a fact that NRIs have complained to the Prime Minister and the President of India against the misuse of Section 498 A of the Prohibition Act by Police, if so, what are the details in this regard;
(c) whether it is also a fact that a website 498.org has been established to make a case against the provision; and
(d) the steps being contemplated by Government to make the law more balanced and objective?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI MANIKRAO HODLYA GAVIT)
(a): As per statistics compiled by NCRB, during the period from 2003-05, out of the total of 9480 cases reported under the Dowry Prohibition Act,1961, 580 cases were found false/mistaken of fact/law.
(b): Section 498A is a section of the Indian Penal Code (IPC) relating to cruelty by husband or relatives of husband and not a section of the Dowry Prohibition Act, 1961. One of the complaints of alleged misuse of Section 498 A IPC received in the Ministry of Women and Child Development also contained `NRI`s Related Demands`
(c): The Government does not subscribe to or vouch for or attest the said website
(d): There is no proposal regarding amendment of Section 498 A IPC.
RAJYA SABHA 03.12.2007
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 1474
ANSWERED ON 03.12.2007
AMENDMENTS TO DOWRY LAWS .
1474 . SHRI BRIJ BHUSHAN TIWARI
BHAGWATI SINGH
(a) whether it is a fact that there are many complaints with regard to use of dowry laws for seeking revenge;
(b) whether it is also a fact that many innocent persons are punished as a result thereof, while culprits get scot free;
(c) if so, whether Government would consider to make amendments in the provisions of the dowry law, to prevent its misuse and for punishing the culprits; and
(d) if so, the details thereof?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a) & (b) : As per the data compiled by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, for the period 2004-2006, out of the 11300 cases registered under the Dowry Prohibition Act, 1961, 615 were declared false on account of mistake of fact or law.
(c) : Penal provisions already exist in the Dowry Prohibition Act, 1961 in respect of offences under the Act. Government has no proposal to amend the Act in order to prevent its alleged misuse.
(d) : Does not arise.
RAJYA SABHA 05.12.2007
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO 1696
ANSWERED ON 05.12.2007
PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES .
1696 . SHRI LALIT KISHORE CHATURVEDI
(a) whether it is a fact that there has been an increase in the dowry related cases during the last few years;
(b) if so, the details thereof during the last five years, State-wise;
(c) whether it is also a fact that a tendency of registering false FIRs is increasing to get the bride-groom party people trapped in these cases; and
(d) if so, whether some way out will be considered to punish the people making false complaints in this regard?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI MANIKRAO H. GAVIT)
(a): As per the statistics compiled by the National Crime Records Bureau, a total of 6822, 6208, 7026, 6787 and 7618 cases were registered under Dowry Death during 2002-2006 respectively thereby showing a mixed trend. A total of 2816, 2684, 3592, 3204 and 4504 cases were registered under Dowry Prohibition Act during 2002-2006 respectively thereby also showing a mixed trend.
(b): State-wise details of cases registered under Dowry Deaths and Dowry Prohibition Act during 2002-2006 are enclosed at Annexure.
(c): No specific data is maintained about this. However, a total of 396, 312, 365, 312 and 297 false cases were registered during 2002-2006 respectively under Dowry Deaths and 322, 175, 167, 238 and 210 false cases were registered during 2002-2006 respectively under Dowry Prohibition Act.
(d): Under the Seventh Schedule to the Constitution, ‘Police’ and ‘Public Order’ are State subjects. Hence the primary responsibility of prevention, detection, registration, investigation and prosecution of crime, lies with the State Governments. However, the Ministry of Home Affairs has from time-to-time been issuing advisories to all the State Governments/ Union Territory Administrations, requesting them to give more focused attention on improving the administration of the criminal justice system.
RAJYA SABHA 21.04.2008
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 2933
ANSWERED ON 21.04.2008
STIFFER ANTI DOWRY LAWS .
2933 . SHRI KAMAL AKHTAR
MAHENDRA MOHAN
(a) whether Government intends to make anti dowry laws stiffer;
(b) if so, the details thereof and the recommendations of the National Commission for Women in this regard;
(c) whether it is a fact that courts have gone on record stating that the dowry laws are abused to a large extent; and
(d) if so, the safeguards being considered to prevent the abuse of dowry laws?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)
(a)&(b) National Commission for Women has made some recommendations for the amendment of the Dowry Prohibition Act, 1961 and Section 304B IPC (dowry death). The main points of the recommendations are given in the attached statement (Annexure).
(c)&(d) The Ministry does not have any information on misuse of dowry laws to a large extent.
Statement referred to in reply to part (a) & (b) of Rajy Sabha Unstarred Question No. 2933 for 21.4.2008
The National Commission for women has made the following main recommendations:-
(i) The words ‘in connection with the marriage of said parties’ occurring in section 2 of the Dowry Prohibition Act, 1961 relating to the definition of dowry, may be deleted.
(ii) The penalty laid down in the said Act for giving dowry may be reduced to imprisonment of not less than one year and fine of not less than Rs.15,000/- unless the person can prove that he was compelled to give dowry.
(iii) Amend section 6 of the said Act (dowry to be for the benefit of the wife or her heirs) in order to provide that in the event of the death of any woman, whether due to natural causes or otherwise, whether within 7 years or after 7 years of her marriage, any property to which she is entitled under the section will be transferred to her children or to her parents if she has no children.
(iv) Amend section 4(!)(a) to provide for jurisdiction of courts.
(v) Empower the Service Provider or the Protection Officer functioning under the Protection of Women from Domestic Violence Act, 2005, under section 7 of the Dowry Prohibition Act, 1961, to lodge a complaint of commission of an offence.
(vi) The words ‘soon before her death’ occurring in sub-section (1) of section 304B IPC (Dowry death) may be replaced by the words ‘anytime before her death’ and any death occurring in the circumstances mentioned in the sub- section even after 7 years of marriage should be considered as dowry death. The minimum punishment laid down in the sub-section (2) of section 304B IPC should be raised from 7 years to 10 years and death may be prescribed as the maximum penalty alternate to the existing penalty of imprisonment for life.
RAJYA SABHA 03.12.2007
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 1474
ANSWERED ON 03.12.2007
AMENDMENTS TO DOWRY LAWS .
1474 . SHRI BRIJ BHUSHAN TIWARI
BHAGWATI SINGH
(a) whether it is a fact that there are many complaints with regard to use of dowry laws for seeking revenge;
(b) whether it is also a fact that many innocent persons are punished as a result thereof, while culprits get scot free;
(c) if so, whether Government would consider to make amendments in the provisions of the dowry law, to prevent its misuse and for punishing the culprits; and
(d) if so, the details thereof?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a) & (b) : As per the data compiled by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, for the period 2004-2006, out of the 11300 cases registered under the Dowry Prohibition Act, 1961, 615 were declared false on account of mistake of fact or law.
(c) : Penal provisions already exist in the Dowry Prohibition Act, 1961 in respect of offences under the Act. Government has no proposal to amend the Act in order to prevent its alleged misuse.
(d) : Does not arise.
RAJYA SABHA 10.03.2008
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 1073
ANSWERED ON 10.03.2008
AMENDMENT OF ANTI DOWRY ACT .
1073 . SHRI AMAR SINGH
ABU ASIM AZMI
(a) whether Government proposes to amend the Anti-dowry Act, so as to make it harsher;
(b) if so, the details thereof;
(c) whether Government is aware that the provisions of this Act are being blatantly abused, as per several judgment of the various courts in this regard; and
(d) if so, the reaction of Government thereto?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a) The National Commission for Women (NCW) which is mandated by law, among other things, to review Constitutional and other legal provisions affecting women and to suggest amendment thereof, has recommended some amendments to the Dowry Prohibition Act, 1961 and section 304B IPC (Dowry death). The recommendations are presently under examination in the Ministry of Women and Child Development.
(b) The main points of the recommendations made by NCW are shown in the Annexure hereto.
(c) Government has no information that there is any large-scale misuse of the concerned laws. As per the data compiled by the National Crime Records Bureau, Ministry of Home Affairs for the years 2004 to 2006, the number of cases registered and the number of cases declared false on account of mistake of fact or law was 21431 & 974, 179568 & 19013 and 11300 & 615 under section 304B IPC (dowry death), section 498A IPC (cruelty by husband or relative of husband) and the Dowry Prohibition Act, 1961, respectively.
(d) It is for the investigating and prosecuting authorities in the States to deal with any false complaint relating to dowry.
Annexure
referred to in reply to part (b) of Rajya Sabha Unstarred Question No.1073 for 10.3.2008
The National Commission for Women has made the following main recommendations: -
(i) The words ‘in connection with the marriage of said parties’ occurring in section 2 of the Dowry Prohibition Act, 1961 relating to the definition of dowry, may be deleted.
(ii) A penalty of imprisonment of not less than 3 years and fine of not less than Rs.15,000/- may be introduced for the parents/relatives of the bride or bridegroom for non-maintenance of lists of presents under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.
(iii) The penalty laid down in the said Act for giving dowry may be reduced to imprisonment of not less than one year and fine of not less than Rs.15,000/- unless the person can prove that he was compelled to give dowry.
(iv) Amend section 6 of the said Act (dowry to be for the benefit of the wife or her heirs) in order to provide that in the event of the death of any woman, whether due to natural causes or otherwise, whether within 7 years or after 7 years of her marriage, any property to which she is entitled under the section will be transferred to her children or to her parents if she has no children; and not to her heirs.
(v) Empower the Service Provider or the Protection Officer functioning under the Protection of Women from Domestic Violence Act, 2005, under section 7 of the Dowry Prohibition Act, 1961, to lodge a complaint of commission of an offence.
(vi) The words ‘soon before her death’ occurring in sub-section (1) of section 304B IPC (Dowry death) may be replaced by the words ‘anytime before her death’ and any death occurring in the circumstances mentioned in the sub- section even after 7 years of marriage should be considered as dowry death. The minimum punishment laid down in sub-section (2) of section 304B IPC should be raised from 7 years to 10 years and death may be prescribed as the maximum penalty alternate to the existing penalty of imprisonment for life.
RAJYA SABHA 20.10.2008
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 304
ANSWERED ON 20.10.2008
MISUSE OF ANTI DOWRY ACT .
304 . SHRI AMAR SINGH
ABU ASIM AZMI
(a) what is the number of complaints received from women against the misuse of Anti-Dowry Act, during the last three years;
(b) whether it is a fact that lakhs of women have been falsely implicated under the Anti-Dowry Act, since enactment of the controversial legislation; if so, the details thereof; and
(c) whether Government has decided to review that legislation, so as to provide protection to innocent persons being blackmailed by the greedy families and if so, the details thereof and by when?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a)&(b) The State/Union Territory-wise details of cases registered, cases declared false on account of mistake of fact or of law, number of persons arrested (males and females separately) and persons released or freed by Police or Megistrate before trial for want of evidence or any other reason under the Dowry Prohibition Act during 2005-2007 is annexed.
(c) No such decision has yet been taken.
LOK SABHA 28.08.2001
Dowry Prohibition Act and Domestic
Violence Act
440. SHRI SANAT KUMAR
MANDAL:
Will the Minister of WOMEN AND
CHILD DEVELOPMENT
efgyk vkSj cky fodkl ea=h
be pleased to state:
(a) whether the Government is aware
that the Dowry Prohibition Act, 1961 and
Protection of Women from Domestic
Violence Act, 2005 are being misused;
(b) if so, the details thereof; and
(c) the action taken by the Government
to protect the suffering families?
LOK SABHA 06.03.2007
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 1012
ANSWERED ON 06.03.2007
AMENDMENT IN DOWRY ACT
1012 . Shri RAMDAS ATHAWALE
REWATI RAMAN SINGH
ABU AYES MONDAL
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether the misuse of dowary Act is on increase in the country ;
(b) if so, whether NRIs have registered any complaints against the misuse of Section 498A of the Dowry Prevention Act ;
(c) if so, the total number of cases registered and total number of cases found fake ;
(d) the action taken by the Government in this regard;
(e) whether a website 498.org has also been established to make a case against the provision ;
(f) if so, the details thereof ;
(g) whether the Government has received proposals from various States/organisations regarding amendment in section 498A of IPC and to make it more effective;
(h) if so, the total number of suggestions/ recommendations received by the Government, till date, organisation-wise and State-wise; and
(i) the reaction of the Government on each suggestion/recommendation ?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MANIKRAO H. GAVIT)
(a) to (c): The Government has no information that any misuse of the Dowry Prohibition Act, 1961 is on the increase. Section 498A is a section of the Indian Penal Code (IPC) and not the Dowry Prohibition Act. As per statistics compiled by the National Crime Records Bureau (NCRB), the number of cases registered under Section 498A of the IPC during the years 2003, 2004 & 2005 were 50703, 58121 and 58319 respectively.
(d) : `Police` and `Public Order` are State subjects under the seventh schedule to the Constitution of India, hence the primary responsibility of prevention, detection, registration, investigation and prosecution of crime lies with the State Governments. However, the Union Government has from time to time issued advisories to the State Governments to give more focused attention to improving administration of criminal justice system and take such measures as are necessary for the prevention of crimes against all vulnerable sections of the society.
(e) to (f): The Government has no information in this regard.
(g) to(i): The Government has been receiving representations from various quarters for amending Section 498A of the IPC. The Criminal Law (Amendment) Bill, 2003 had, inter alia, a proposal to make Section 498A of the IPC compoundable, but the same was dropped by the Government on the request of women`s organizations, to retain the effectiveness of this legal provision.
LOK SABHA 20.02.2009
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO 440
ANSWERED ON 20.02.2009
DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
440 . Shri SANAT KUMAR MANDAL
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Government is aware that the Dowry Prohibition Act, 1961 and Protection of Women from Domestic Violence Act, 2005 are being misused;
(b) if so, the details thereof; and
(c) the action taken by the Government to protect the suffering families?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)
(a)&(b) The Ministry of Women and Child Development has received representations alleging misuse of laws and legal provisions intended for protection of women.
(c) Adequate safeguards are already available under existing laws to deal with misuse, if any, of legal provisions of these Acts.
LOK SABHA 30.11.2007
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO 2030
ANSWERED ON 30.11.2007
ABUSE OF ANTI-DOWRY LAW
2030 . Shri DALPAT SINGH PARASTE
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Government is aware of misuse of anti-dowry law; and
(b) if so, the action being taken in this regard?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)
(a) As per the data compiled by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, for the period 2004-2006, out of the 11300 cases registered under the Dowry Prohibition Act, 1961, 615 were declared false on account of mistake of fact or law.
(b) Law & Order is a State subject. Any false complaint relating to dowry is dealt with by the State Government investigating and prosecuting authorities.
LOK SABHA 16.11.2007
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO 193
ANSWERED ON 16.11.2007
FALSE IMPLICATION IN DOWRY DEATH CASES
193 . Shri RAGHUVIR SINGH KAUSHAL
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Law Commission has suggested not to acquit the accused of dowry death on flimsy grounds;
(b) if so, the details thereof and the action taken thereon;
(c) whether the Government is aware of false or willful implications in dowry cases; and
(d) if so, the reaction of the Government alongwith the action taken thereon?
ANSWER
MINISTER OF THE STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)
(a)&(b) Law Commission of India has submitted in October, 2007 its 202nd Report on “Proposal to amend Section 304-B of Indian Penal Code” in which recommendations have been made relating to dowry deaths. The Report is available on the website of Ministry of Law and Justice, Law Commission of India. Department of Legal Affairs has forwarded a copy of the Report to Ministry of Home Affairs for examination/implementation.
(c) The following data for the country has been furnished by National Crime Records Bureau, Ministry of Home Affairs for the period 2004-06:-
Under Section 304-B IPC (Dowry death)
No. of cases registered: 21431
No. of cases declared false on account of mistake of fact or law: 974
Under Section 498-A IPC (Cruelty by husband or relatives of husband)
No. of cases registered: 179568
No. of cases declared false on account of mistake of fact or law: 19013
Under Dowry Prohibition Act, 1961
No. of cases registered: 11300
No. of cases declared false on account of mistake of fact or law: 615
(d) It is for the investigating and prosecuting authorities in the States to deal with any false complaint relating to dowry.
LOK SABHA 21.08.2007
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO 1181
ANSWERED ON 21.08.2007
COMPLAINTS ON DOWRY BY NRIs
1181 . Kunwar REWATI RAMAN SINGH
Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether Non-Resident Indians (NRIs) have complained against the misuse of Section 498A of the Dowry Prevention Act by Police;
(b) if so, the details in this regard;
(c) whether out of 58000 cases filed under the prevention of the Dowry Act, 25000 were found to be fake;
(d) whether a website 498.org has also been established to make a case against the provision; and
(e) the steps taken/proposed to be taken by the Government to make the law more balanced and objective?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MANIKRAO H. GAVIT)
(a) to (c): Section 498-A is a section of the Indian Penal Code (IPC) and not the Dowry Prohibition Act, 1961. As per statistics compiled by the National Crime Records Bureau (NCRB), the number of cases registered under Section 498-A of the IPC during the 2005 were 58319.
However, information in respect of complaints received from NRIs is not compiled separately.
(d): The Government has no information in this regard.
(e): The Government has been receiving representations from various quarters for amending Section 498-A of the IPC. The Criminal Law (Amendment) Bill, 2003 had, inter alia, a proposal to make Section 498-A of the IPC compoundable, but the same was dropped by the Government on the request of Women’s organizations, to retain the effectiveness of this legal provision.
LOK SABHA 20.11.2009
GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED QUESTION NO 382
ANSWERED ON 20.11.2009
MISUSE OF DOWRY PROHIBITION ACT, 1961
382 . Shri N CHELUVARAYA SWAMY SWAMYGOWDA
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) Whether the Government proposes to review the existing Dowry Prohibition Act, 1961 to protect the innocent people from misuse of the said Act; and
(b) if so, the details thereof?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHNA TIRATH)
(a): Yes, Madam.
(b): The Government has received the recommendations of National Commission for Women for amendment of Dowry Prohibition Act, 1961 which are being examined.
Sexual harassment bill to cover students
An employer can be penalized with a fine of up to Rs 50,000 if it fails to do any of the following — set up an internal committee, act on recommendations of the inquiry report, take action against those found guilty of making a false complaint or providing false evidence and publish information relating to harassment cases in its annual report.
Apart from government organizations and the organized private sector, the proposed legislation covers sectors like the hospitality industry — including catering services and restaurants — NGOs, health services, coaching centres, domestic workers and those working in tailoring or beauty parlours.
The Bill also includes educational institutions, bringing students and researchers into the ambit of protection. The draft law provides that if any employer, after being convicted of an offence punishable under the Act, is again convicted for the same offence, the punishment will be three time greater than that imposed on the first conviction, subject to the punishment being the maximum provided for the offence.
The government or local autho-rity would also have the right to cancel or withdraw the licence to carry out business activity of the employer. The employer will be expected to provide a safe, working environment at the work place.
National Litigation Policy Document
http://pib.nic.in/release/release.asp?relid=62745
The Centre has formulated a National Litigation Policy to reduce the cases pending in various courts in India under the National Legal Mission to reduce average pendency time from 15 years to 3 years. This was announced by Dr.M.Veerappa Moily, Minister of Law and Justice while announcing the National Litigation Policy here today. Following is the full text of the National Litigation Policy.
NATIONAL LITIGATION POLICY
Table of Contents
I. Introduction – The National Litigation Policy
II. The Vision/Mission
III. Government Representation
IV. Adjournments
V. Pleadings/Counters
VI. Filing of Appeals
VII. Limitation : Delayed Appeals
VIII. Alternative Dispute Resolution – Arbitration
IX. Specialized Litigation
X. Review of Pending Cases
I. INTRODUCTION
Whereas at the National Consultation for Strengthening the Judiciary toward Reducing Pendency and Delays held on the 24th and 25th October, 2009 the Union Minister for Law and Justice, presented resolutions which were adopted by the entire Conference unanimously.
And Wherein the said Resolution acknowledged the initiative undertaken by the Government of India to frame a National Litigation Policy with a view to ensure conduct of responsible litigation by the Central Government and urges every State Government to evolve similar policies.
The National Litigation Policy is as follows:-
I. THE VISION/MISSION
1. The National Litigation Policy is based on the recognition that Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country. Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government to protect the rights of citizens, to respect fundamental rights and those in charge of the conduct of Government litigation should never forget this basic principle.
“EFFICIENT LITIGANT” MEANS
Focusing on the core issues involved in the litigation and addressing them squarely.
Managing and conducting litigation in a cohesive, coordinated and time-bound manner.
Ensuring that good cases are won and bad cases are not needlessly persevered with.
A litigant who is represented by competent and sensitive legal persons: competent in their skills and sensitive to the facts that Government is not an ordinary litigant and that a litigation does not have to be won at any cost.
“RESPONSIBLE LITIGANT” MEANS
That litigation will not be resorted to for the sake of litigating.
That false pleas and technical points will not be taken and shall be discouraged.
Ensuring that the correct facts and all relevant documents will be placed before the court.
That nothing will be suppressed from the court and there will be no attempt to mislead any court or Tribunal.
2. Government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision has to be discarded. The easy approach, “Let the court decide,” must be eschewed and condemned.
3. The purpose underlying this policy is also to reduce Government litigation in courts so that valuable court time would be spent in resolving other pending cases so as to achieve the Goal in the National Legal Mission to reduce average pendency time from 15 years to 3 years. Litigators on behalf of Government have to keep in mind the principles incorporated in the National mission for judicial reforms which includes identifying bottlenecks which the Government and its agencies may be concerned with and also removing unnecessary Government cases. Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority.
4. The Stakeholders:
A) In ensuring the success of this policy, all stake holders will have to play their part – the Ministry of Law & Justice, Heads of various Departments, Law Officers and Government Counsel, and individual officers all connected with the concerned litigation. The success of this policy will depend on its strict implementation. Nodal Officers will be appointed by Heads of Department.
“Head of Department” means the administrative person ultimately responsible for the working of the Department or Agency, as the case may be.
B) The appointment of Nodal Officers must be done carefully. The Nodal Officer has a crucial and important role to play in the overall and specific implementation of this Policy, including but not limited to the references made hereinafter. Every Ministry must be mindful of the responsibility to appoint proper Nodal Officers who have legal background and expertise. They must be in a position to pro-actively manage litigation. Whilst making such appointments, care must be taken to see that there is continuity in the incumbents holding office. Frequent changes in persons holding the position must be avoided. Nodal Officers must also be subjected to training so that they are in a position to understand what is expected of them under the National Litigation Policy.
C) Accountability is the touch-stone of this Policy. Accountability will be at various levels; at the level of officers in charge of litigation, those responsible for defending cases, all the lawyers concerned and Nodal Officers. As part of accountability, there must be critical appreciation on the conduct of cases. Good cases which have been lost must be reviewed and subjected to detailed scrutiny to ascertain responsibility. Upon ascertainment of responsibility, suitable action will have to be taken. Complacency must be eliminated and replaced by commitment.
D) There will be Empowered Committees to monitor the implementation of this Policy and accountability. The Nodal Officers and the Heads of Department will ensure that all relevant data is sent to the Empowered Committees. The Empowered Committee at the National level shall be chaired by the Attorney General for India and such other members not exceeding six in number as may be nominated by the Ministry of Law with an Additional Secretary to be the Member Secretary. There will be four Regional Empowered Committees to be chaired by an Additional Solicitor General nominated by the Ministry of Law. It shall include all the Assistant Solicitors General of the Region and such other members including a Member Secretary nominated by the Ministry of Law. The Regional Committees shall submit monthly reports to the National Empowered Committee which shall in turn submit Comprehensive Reports to the Ministry of Law. It shall be the responsibility of the Empowered Committee to receive and deal with suggestions and complaints including from litigants and Government Departments and take appropriate measures in connection therewith.
II. GOVERNMENT REPRESENTATION
A) While it is recognized that Government Panels are a broad based opportunity for a cross section of lawyers, Government Panels cannot be vehicles for sustaining incompetent and inefficient persons. Persons who recommend names for inclusion on the Panel are requested to be careful in making such recommendations and to take care to check the credentials of those recommended with particular reference to legal knowledge and integrity.
B) Screening Committees for constitution of Panels will be introduced at every level to assess the skills and capabilities of people who are desirous of being on Government Panels before their inclusion on the Panel. The Ministry of Law shall ensure that the constitution of Screening Committees will include representatives of the Department concerned. The Screening Committees will make their recommendations to the Ministry of Law. Emphasis will be on identifying areas of core competence, domain expertise and areas of specialisation. It cannot be assumed that all lawyers are capable of conducting every form of litigation.
C) Government advocates must be well equipped and provided with adequate infrastructure. Efforts will be made to provide the agencies which conduct Government litigation with modern technology such as computers, internet links, etc. Common research facilities must be made available for Government lawyers as well as equipment for producing compilations of cases.
D) Training programs, seminars, workshops and refresher courses for Government advocates must be encouraged. There must be continuing legal education for Government lawyers with particular emphasis on identifying and improving areas of specialization. Law schools will be associated in preparing special courses for training of Government lawyers with particular emphasis on identifying and improving areas of specialization. Most importantly, there must be an effort to cultivate and instill values required for effective Government representation.
E) National and regional conferences of Government advocates will be organized so that matters of mutual interest can be discussed and problems analysed.
F) Advocates on Record must play a meaningful role in Government litigations. They cannot continue to be merely responsible for filing appearances in Court. A system of motivation has to be worked out for Government advocates under which initiative and hard work will be recognised and extraordinary work will be rewarded. This could be in the form of promotions or out of turn increments.
G) It will be the responsibility of all Law Officers to train Panel lawyers and to explain to them what is expected of them in the discharge of their functions.
H) Panels will be drawn up of willing, energetic and competent lawyers to develop special skills in drafting pleadings on behalf of Government. Such Panels shall be flexible. More and more advocates must be encouraged to get on to such Panels by demonstrating keenness, knowledge and interest.
I) Nodal Officers will be responsible for active case management. This will involve constant monitoring of cases particularly to examine whether cases have gone “off track” or have been unnecessarily delayed.
J) Incomplete briefs are frequently given to Government Counsel. This must be discontinued. The Advocates-on-Record will be held responsible if incomplete briefs are given. It is the responsibility of the person in charge of the Central Agency concerned, to ensure that proper records are kept of cases filed and that copies retained by the Department are complete and tally with what has been filed in Court. If any Department or Agency has a complaint in this regard it can complain to the Empowered Committee.
K) There should be equitable distribution of briefs so that there will be broad based representation of Government. Additional Solicitors General will be associated with regard to distribution of briefs in the High Court. Complaints that certain Panel advocates are being preferred in the matter of briefing will be inquired into seriously by the Empowered Committee.
L) Government lawyers are expected to discharge their obligations with a sense of responsibility towards the court as well as to Government. If concessions are made on issues of fact or law, and it is found that such concessions were not justified, the matter will be reported to the Empowered Committee and remedial action would follow.
M) While Government cannot pay fees which private litigants are in a position to pay, the fees payable to Government lawyers will be suitably revised to make it remunerative. Optimum utilisation of available resources and elimination of wastage will itself provide for adequate resources for revision of fees. It should be ensured that the fees stipulated as per the Schedule of Fees should be paid within a reasonable time. Malpractice in relation to release of payments must be eliminated.
III. ADJOURNMENTS
A) Accepting that frequent adjournments are resorted to by Government lawyers, unnecessary and frequent adjournments will be frowned upon and infractions dealt with seriously.
B) In fresh litigations where the Government is a Defendant or a Respondent in the first instance, a reasonable adjournment may be applied for, for obtaining instructions. However, it must be ensured that such instructions are made available and communicated before the next date of hearing. If instructions are not forthcoming, the matter must be reported to the Nodal Officer and if necessary to the Head of the Department.
C) In Appellate Courts, if the paper books are complete, then adjournments must not be sought in routine course. The matter must be dealt with at the first hearing itself. In such cases, adjournments should be applied for only if a specific query from the court is required to be answered and for this, instructions have to be obtained.
D) One of the functions of the Nodal Officers will be to coordinate the conduct of litigation. It will also be their responsibility to monitor the progress of litigation, particularly to identify cases in which repeated adjournments are taken. It will be the responsibility of the Nodal Officer to report cases of repeated and unjustified adjournments to the Head of Department and it shall be open to him to call for reasons for the adjournment. The Head of the Agency shall ensure that the Records of the case reflect reasons for adjournment, if these are repeated adjournments. Serious note will be taken of cases of negligence or default and the matter will be dealt with appropriately by referring such cases to the Empowered Committee. If the advocates are at fault, action against them may entail suspension/removal of their names from Government Panels.
E) Cases in which costs are awarded against the Government as a condition of grant of adjournment will be viewed very seriously. In all such cases the Head of Department must give a report to the Empowered Committee of the reasons why such costs were awarded. The names of the persons responsible for the default entailing the imposition of costs will be identified. Suitable action must be taken against them.
IV. PLEADINGS / COUNTERS
A) Suits or other proceedings initiated by or on behalf of Government have to be drafted with precision and clarity. There should be no repetition either in narration of facts or in the grounds.
B) Appeals will be drafted with particular attention to the Synopsis and List of Dates which will carefully crystallise the facts in dispute and the issues involved. Slipshod and loose drafting will be taken serious note of. Defaulting advocates may be suspended/removed from the Panels.
C) Care must be taken to include all necessary and relevant documents in the appeal paper book. If it is found that any such documents are not annexed and this entails an adjournment or if the court adversely comments on this, the matter will be enquired into by the Nodal Officer and reported to the Head of Department for suitable action.
D) It is noticed that Government documentation in court is untidy, haphazard and incomplete, full of typing errors and blanks. Special formats for Civil Appeals, Special Leave Petitions, Counter Affidavits will be formulated and circulated by way of guidance and instruction as a Government Advocates Manual. This will include not only contents but also the format, design, font size, quality of paper, printing, binding and presentation. It is the joint responsibility of the Drafting Counsel and the Advocate on Record to ensure compliance.
E) Counter Affidavits in important cases will not be filed unless the same are shown to and vetted by Law Officers. This should, however, not delay the filing of counters.
V. FILING OF APPEALS
A) Appeals will not be filed against ex parte ad interim orders. Attempt must first be to have the order vacated. An appeal must be filed against an order only if the order is not vacated and the continuation of such order causes prejudice.
B) Appeals must be filed intra court in the first instance. Direct appeals to the Supreme Court must not be resorted to except in extraordinary cases.
C) Given that Tribunalisation is meant to remove the loads from Courts, challenge to orders of Tribunals should be an exception and not a matter of routine.
D) In Service Matters, no appeal will be filed in cases where:
a) the matter pertains to an individual grievance without any major repercussion;
b) the matter pertains to a case of pension or retirement benefits without involving any principle and without setting any precedent or financial implications.
E) Further, proceedings will not be filed in service matters merely because the order of the Administrative Tribunal affects a number of employees. Appeals will not be filed to espouse the cause of one section of employees against another.
F) Proceedings will be filed challenging orders of Administrative Tribunals only if
a) There is a clear error of record and the finding has been entered against the Government.
b) The judgment of the Tribunal is contrary to a service rule or its interpretation by a High Court or the Supreme Court.
c) The judgment would impact the working of the administration in terms of morale of the service, the Government is compelled to file a petition; or
d) If the judgment will have recurring implications upon other cadres or if the judgment involves huge financial claims being made.
G) Appeals in Revenue matters will not be filed:
a) if the stakes are not high and are less than that amount to be fixed by the Revenue Authorities;
b) If the matter is covered by a series of judgments of the Tribunal or of the High Courts which have held the field and which have not been challenged in the Supreme Court;
c) where the assessee has acted in accordance with long standing industry practice;
d) merely because of change of opinion on the part of jurisdictional officers.
H) Appeals will not be filed in the Supreme Court unless:
a) the case involves a question of law;
b) If it is a question of fact, the conclusion of the fact is so perverse that an honest judicial opinion could not have arrived at that conclusion;
c) Where public finances are adversely affected;
d) Where there is substantial interference with public justice;
e) Where there is a question of law arising under the Constitution;
f) Where the High Court has exceeded its jurisdiction;
g) Where the High Court has struck down a statutory provision as ultra vires;
h) Where the interpretation of the High Court is plainly erroneous.
I) In each case, there will be a proper certification of the need to file an appeal. Such certification will contain brief but cogent reasons in support. At the same time, reasons will also be recorded as to why it was not considered fit or proper to file an appeal.
VI. LIMITATION : DELAYED APPEALS
A) It is recognized that good cases are being lost because appeals are filed well beyond the period of limitation and without any proper explanation for the delay or without a proper application for condonation of delay. It is recognized that such delays are not always bonafide particularly in cases where high revenue stakes are involved.
B) Each Head of Department will be required to call for details of cases filed on behalf of the Department and to maintain a record of cases which have been dismissed on the ground of delay. The Nodal Officers must submit a report in every individual case to the Head of Department explaining all the reasons for such delay and identifying the persons/causes responsible. Every such case will be investigated and if it is found that the delay was not bonafide, appropriate action must be taken. Action will be such that it operates as a deterrent for unsatisfactory work and malpractices in the conduct of Government litigation. For this purpose, obtaining of the data and fixing of responsibility will play a vital role. Data must be obtained on a regular basis annually, bi-monthly or quarterly.
C) Applications for condonation of delay are presently drafted in routine terms without application of mind and resorting to word processed “boiler plate.” This practice must immediately stop. It is responsibility of the drafting counsel to carefully draft an application for condonation of delay, identifying the areas of delay and identifying the causes with particularity. Drafting advocates who fail to adhere to this may be suspended/removed from the Panel.
D) Every attempt must be made to reduce delays in filing appeals/applications. It shall be responsibility of each Head of Department to work out an appropriate system for elimination of delays and ensure its implementation.
E) Belated appeals filed beyond the period of limitation cannot be approached merely from the point of view that courts have different approaches towards condonation of delay. Since some courts liberally grant condonation of delay, a general apathy seems to have taken over. The tendency on the part of Government counsel to expect leniency towards Government for condonation of delay must be discouraged. The question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay.
VII. ALTERNATIVE DISPUTE RESOLUTION ARBITRATION
A) More and more Government departments and PSUs are resorting to arbitration particularly in matters of drilling contracts, hire of ships, construction of highways, etc. Careful drafting of commercial contracts, including arbitration agreements must be given utmost priority. The Ministry of Law and Justice recognizes that it has a major role to play in this behalf.
B) The resort to arbitration as an alternative dispute resolution mechanism must be encouraged at every level, but this entails the responsibility that such an arbitration will be cost effective, efficacious, expeditious, and conducted with high rectitude. In most cases arbitration has become a mirror of court litigation. This must be stopped.
C) It is recognized that the conduct of arbitration at present leaves a lot to be desired. Arbitrations are needlessly dragged on for various reasons. One of them is by repeatedly seeking adjournments. This practice must be deplored and stopped.
D) The Head of Department will call for the data of pending arbitrations. Copies of the roznama, etc. (record of proceedings) must be obtained to find out why arbitrations are delayed and ascertain who is responsible for adjournments. Advocates found to be conducting arbitrations lethargically and inefficiently must not only be removed from the conduct of such cases but also not briefed in future arbitrations. It shall be the responsibility of the Head of Department to call for regular review meetings to assess the status of pending arbitration cases.
E) Lack of precision in drafting arbitration agreements is a major cause of delay in arbitration proceedings. This leads to disputes about appointment of arbitrators and arbitrability which results in prolonged litigation even before the start of arbitration. Care must be taken whilst drafting an arbitration agreement. It must correctly and clearly reflect the intention of the parties particularly if certain items are required to be left to the decision of named persons such as engineers are not meant to be referred to arbitration.
F) Arbitration agreements are loosely and carelessly drafted when it comes to appointment of arbitrators. Arbitration agreements must reflect a well defined procedure for appointment of arbitrators. Sole arbitrator may be preferred over a Panel of three Arbitrators. In technical matters, reference may be made to trained technical persons instead of retired judicial persons.
G) It is also found that certain persons are “preferred” as arbitrators by certain departments or corporations. The arbitrator must be chosen solely on the basis of knowledge, skill and integrity and not for extraneous reasons. It must be ascertained whether the arbitrator will be in a position to devote time for expeditious disposal of the reference.
H) It is found that if an arbitration award goes against Government it is almost invariably challenged by way of objections filed in the arbitration. Very often these objections lack merit and the grounds do not fall within the purview of the scope of challenge before the courts. Routine challenge to arbitration awards must be discouraged. A clear formulation of the reasons to challenge Awards must precede the decision to file proceedings to challenge the Awards.
VIII. SPECIALISED LITIGATION
A) Proceedings seeking judicial review including in the matter of award of contracts or tenders.
Such matters should be defended keeping in mind Constitutional imperatives and good governance. If the proceedings are founded on an allegation of the breach of natural justice and it is found that there is substance in the allegations, the case shall not be proceeded with and the order may be set aside to provide for a proper hearing in the matter. Cases where projects may be held up have to be defended vigorously keeping in mind public interest. They must be dealt with and disposed off as expeditiously as possible.
B) Cases involving vires, or statutes or rules and regulations.
In all such cases, proper affidavits should be filed explaining the rationale between the statute or regulation and also making appropriate averments with regard to legislative competence.
C) PUBLIC INTEREST LITIGATIONS (PILS)
Public Interest Litigations must be approached in a balanced manner. On the one hand, PILs should not be taken as matters of convenience to let the courts do what Government finds inconvenient. It is recognized that the increase in PILs stems from a perception that there is governmental inaction. This perception must be changed. It must be recognized that several PILs are filed for collateral reasons including publicity and at the instance of third parties. Such litigation must be exposed as being not bonafide.
PILs challenging public contracts must be seriously defended. If interim orders are passed stopping such projects then appropriate conditions must be insisted upon for the Petitioners to pay compensation if the PIL is ultimately rejected.
D) PSU LITIGATIONS
Litigation between Public Sector Undertakings inter se between Government Public Sector Undertakings is causing great concern. Every effort must be made to prevent such litigation. Before initiating such litigation, the matter must be placed before the highest authority in the public sector such as the CMD or MD. It will be his responsibility to endeavour to see whether the litigation can be avoided. If litigation cannot be avoided, then alternative dispute resolution methods like mediation must be considered. Section 89 of the Code of Civil Procedure must be resorted to extensively.
IX. REVIEW OF PENDING CASES
A) All pending cases involving Government will be reviewed. This Due Diligence process shall involve drawing upon statistics of all pending matters which shall be provided for by all Government departments (including PSUs). The Office of the Attorney General and the Solicitor General shall also be responsible for reviewing all pending cases and filtering frivolous and vexatious matters from the meritorious ones.
B) Cases will be grouped and categorized. The practice of grouping should be introduced whereby cases should be assigned a particular number of identity according to the subject and statute involved. In fact, further sub-grouping will also be attempted. To facilitate this process, standard forms must be devised which lawyers have to fill up at the time of filing of cases. Panels will be set up to implement categorization, review such cases to identify cases which can be withdrawn. These include cases which are covered by decisions of courts and cases which are found without merit withdrawn. This must be done in a time bound fashion.
THE PROTECTION AGAINST SEXUAL HARASSMENT OF WOMEN BILL, 2005
http://wcd.nic.in/draftsexharrsement.htm
| Comments or suggestions on the draft Bill are welcome by e-mail to:
or may write to: Secretary, Department of Women and Child Development, `A’ Wing, Shastri Bhavan, Dr.Rajendra Prasad Road , New Delhi -110001
THE PROTECTION AGAINST SEXUAL HARASSMENT OF WOMEN BILL, 2005
Preamble (A Bill conferring upon women the right to protection against sexual harassment and towards that end for the prevention and redressal of sexual harassment of women) CHAPTER I Whereas Sexual Harassment infringes the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution which includes a right to a safe environment free from sexual harassment. And Whereas the right to protection from sexual harassment and the right to work with dignity are recognized as universal human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), which has been ratified by the Government of India. And Whereas the Supreme Court in Vishakha vs State of Rajashthan [1997(7) SCC.323] has formulated guidelines to address sexual harassment until a suitable legislation is enacted in this respect. Be it enacted by Parliament in the __________ year of the Republic of India as follows:
PRELIMINARY 1. Short title, extent and commencement: – (1) This Act may be called The Protection Against Sexual Harassment of Women Act, 2005. (2) It extends to the whole of India except the State of Jammu & Kashmir. (3) It shall come into force with immediate effect. 2. Definitions: – In this Act, unless the context otherwise requires, - (a) “Aggrieved Woman /Women” means any female person/persons, whether major or minor, who alleges that she/they have been subjected to sexual harassment and who can make a complaint regarding the same under the provisions of this Act. (b) “Apex Internal Complaints Committee” means an Internal Complaints Committee set up at the Head office of any Public establishment/University either at the State/Central level. Illustration: (i) Committee set up at the head office of every University. (ii) Committee set up at the head office of each Public establishment at the State and Central level. (c) “Appropriate Government” shall have the same meaning as defined in Section 2(a) of the Industrial Disputes Act, 1947. (d) “Bar Council” means the All India Bar council or the State Bar Council Constituted under the Advocates Act 1961. (e ) “Complainant” means (i) an aggrieved woman (ii) in case of death of the aggrieved woman, her legal heir or representative; (iii). in case of more than one aggrieved woman, all or any one or more of them on behalf of herself and others, Or (iv). With the authorization on behalf of persons covered by clauses (i) (ii) and (iii) above: (a). a registered trade union; (b). a women’s organisation or a non-governmental organization; (c) a co-employee . (f) “Consumer” shall have the same meaning as defined under section 2(d) of the Consumer protection Act, 1986. Provided that a person shall be deemed to be a consumer under sec 2(d) of the Consumer protection Act for all purposes under this act whether any consideration has been paid for the services or not. (g) “Contractual Services” would mean any contract for service whereby one part undertakes to render services to or for another in the performance of which he/she is not subject to detailed direction and control but exercises professional or technical skill and uses his/her own knowledge and discretion Illustration of contractual services (i) People performing a service of acting, singing, and painting or like services. (ii) Services of a consultant for an establishment. (h)“Council of Architects “ Means the Council as constituted under the Architects Act , 1972. (i)“Council of Chartered Accountants ” means the Council of the Institute of Chartered Accountants Constituted under the Chartered Accountants Act 1949. (j) “Courts” include The Supreme Court of India, The High Courts of the respective States, the Consumer Courts, Labour Courts and Industrial Courts and Tribunals and any other court or tribunal as by law constituted. (k) “Defendant” means a person against whom an allegation of sexual harassment is made under this Act or any person who according to the complainant has either aided or abetted such Sexual Harassment. Explanation: It is clarified that inaction upon any complaint of Sexual Harassment or failure to respond to the grievance of a victim of Sexual Harassment would be deemed to constitute aiding and abetting of such harassment; (l)“Deficiency in Services” would mean deficiency as defined in section 2(g) of the consumer protection Act ,1986 and shall also include Sexual harassment to the Consumer while accessing a service. Explanation: An aggrieved woman shall be deemed to be a consumer under the Consumer protection Act 1986 for the purposes of complaints relating to Sexual Harassment. (m) “Educational Institution” means a school, college, university as by law established and includes any private coaching class, or any other institution or establishment at which education or training is provided; (n)“Employee” means a person employed for any work directly, or by or through any agency (including a contractor), with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis, whether the terms of employment are express or implied, and includes any person employed as a temporary, casual, badli, piece-rated or contract worker, probationer, trainee, apprentice or by any other name called; (o) “Employer” means: (i). In relation to an undertaking or department which is carried on by or under the authority of the Central Government, or a State Government, the authority prescribed in this behalf, or, where no authority is prescribed, the head of the department / undertaking; (ii). In relation to an establishment under any local authority, the authority prescribed in this behalf, or, where no person is so prescribed, the Chief Executive Officer; (iii). In an establishment not covered under (i) and (ii) hereinabove, the person who, or the authority which, whether called a Manager, Managing Director, Managing Agent, contractor or by any other name, is responsible for the ultimate supervision and control of the affairs of the establishment, in which the employee is employed, and in respect of a contract employee includes the Principal Employer of the establishment in which the employee is working, as well as the contractor; (p) “Enquiry Committee” means a committee to conduct enquiry into misconduct as defined by this act and by any other law for the time being in force. (q) Establishment” means any venture, organization or institution carrying on systematic activity by co-operation for the production, supply or distribution of goods and services with a view to satisfy human wants and wishes irrespective of whether it is an “industry” within the meaning of section 2(j) of the Industrial Disputes Act, 1947 or whether it is performing any inalienable sovereign function and irrespective of whether the goods and services are provided for any remuneration or not . Illustration of establishment: (i). a factory, mine, plantation or forest; (ii). a place of sale of agricultural or other products; (iii). a brick kiln or a construction site; (iv). a shop, business establishment, a corporation, or a private office; (v). an office or establishments of a professional and/or consultants etc as defined in Section 2(ag) (vi). an industrial establishment; (vii). a banking or financial institution; (viii). a restaurant, club, hotel, resort or other hospitality establishment; (ix). a hospital, nursing home; (x). a mental Health centre as defined in section 2(z); (xi) Prison as defined in section 2(ad); (xii) Juvenile home as defined in Section 2(w); (xiii) A court premise, police station; (xiv) Any judicial or quasi judicial establishment; (xv). An educational institution as defined in section 2(m); (xvi). an establishment wherein persons are employed for exhibition or Performance of sporting or any other form of entertainment or Preparation thereof; (xvii) Any government, semi government, establishment or department Including telegraph office, post office, telephone exchange, railways, Statutory board etc., including any governmental scheme instituted for profit or otherwise; (xviii). Any office of elected representatives, including Parliament and State Assemblies and institutions of local Government such as Municipalities, and Municipal Corporations and Panchayats. (xix). a free trade zone or a special economic zone; (xx). a non-governmental organization, a public or charitable trust a religious body, trust or institutions, a co-operative housing society (xxi) An association; (xxii) Any form of transportation whether by road, sea or air; (xxiii) Bar Council of India or the State Bar Council as defined in Section 2(d); (xxiv) Medical Council of India as defined in Section 2(aa); (xxv) Council of the Institute of chartered Accountants of India as defined in section 2(i); (xxvi) Council of Architects under the Indian Institute of Architects as defined in section 2(h). (r) Group of Experts” means the list of experts drawn up by the Local Officer under this Act, consisting of persons from various fields who have worked for / in the field of women’s rights, including women’s rights activists; social workers; activists from NGOs; counselors; lawyers; doctors; psychiatrists; trade unionists; journalists etc. (s) “ Head of the Establishment” means the Secretary , Managing director , Manager or the person by whatever name called who is responsible for the affairs and has ultimate control of the establishment. (t)” Home” means home as defined under Sec2 (d) of the Orphanages and other Charitable Homes (Supervision and Control) Act, 1960. (u) “ Hostile Work Environment” is said to be created when any act of Sexual Harassment has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating , hostile or offensive working environment. (v) “Internal Complaints Committee” means a committee constituted by the persons in charge of the establishments under Chapter III of this Act. (w) “Juvenile Home” would include a Children’s home , an Observation home and a Special home as defined under section 34, 8 and 9 of the Juvenile Justice (care and protection of children) Act 2000. . (x) “Local Complaints Committee” means a Committee constituted under Chapter III of this Act, (y) “Local Officer” means a person so appointed under Section 14 of this Act; (z) “ Mental Health Centre “ includes Psychiatric Hospital as defined in Section 2(q) of the Mental health Act , 1987 and all observation wards ,day care centre , inpatient treatment in general hospitals , ambulatory treatment facilities and other facilities , convalescent homes and half – way homes for mentally ill persons. (aa) “Medical Council of India” Means the Medical Council constituted under the Medical Council of India Act, 1956. (ab)“Misconduct” means misconduct as defined in the Central Civil Services (Conduct) Rules 1964 , State Civil Services Rules , The Industrial Employment (Standing Order) Act , 1946 , the Advocates Act 1961, the Indian Medical Council Act 1956 , The Chartered Accountants Act 1949 , The Architects Act 1972 or in any other laws rules , regulations for the time being in force. (ac) “Parliament” means Parliament as defined in article 79 of the Constitution of India. (ad) “ Prison” means any jail , sub jail , camp or place , open or semi open , used permanently or temporarily under the general or special orders of the government for the detention and reformation of prisoners and includes all lands and buildings appurtenant / as defined in sec 3(1) of the Prisons Act 1894. (ae) “Police Lock Ups” means a place of detention for the purposes of detaining a person in the lawful custody of the Police under any Law for the time being in force. (af)“Proceedings” means any proceedings carried out by any authority prescribed or persons authorized under this Act. (ag)“Professionals’ includes but are not limited to Doctors , architects, Lawyers, chartered accountants etc. (ah) “Public Establishments” means any government, semi government, establishment or department including telegraph office, post office, telephone exchange, railways, Police stations statutory board and., includes any governmental scheme instituted for profit or otherwise. (ai)“Services” means service of any description irrespective of whether it is provided for any consideration or not which is made available to potential users and users and includes the provision of facilities in connection with banking financing , insurance, transport, processing, supply of electrical and other energy, boarding , housing or lodging , entertainment, sporting activities amusement , the purveying of news of other information or the services of a professional. (aj) “Sexual Harassment” includes such unwelcome sexually determined behavior as physical contact and advances, sexually coloured remarks, showing pornography and sexual demand, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment. Explanation: It is clarified that it is the reasonable perception of the woman that would be relevant in determining whether any conduct was sexually coloured and, if so, whether such conduct was unwelcome or not. (ak) “State Legislature” means State Legislature as defined in Article 168 of the Constitution of India. (al) “Unorganised Sector” includes all sectors as stated under schedule II.
CHAPTER II
RIGHT TO BE FREE FROM SEXUAL HARASSMENT Sexual Harassment Unlawful:- 3. Every woman shall have a right to be free from Sexual Harassment and the Right to work in an environment free from any form of Sexual Harassment.
(4) (i) No employer or any person who is a part of the management or ownership , a supervisor or a co-employee shall , sexually harass a female employee of the establishment where she is employed; whether the harassment occurs in / at the workplace, or at a place where the said persons have gone in connection with the work or the workplace, or at any place whatsoever (ii). No employer or any person who is a part of the management or ownership , a supervisor or a co-employee shall sexually harass a woman who, for whatsoever reason is present in / at the workplace of the said persons, or who comes into contact with the employer, supervisor or employee in connection with her work or the work of the said persons. (iii) Sexual Harassment will amount to misconduct in employment and the service rules / regulations governing employment shall govern such misconduct, in addition to the provisions of this Act; (iv) Every employer shall take all necessary and reasonable steps to prevent and ensure that no woman employed in the establishment is subject to sexual harassment by any third party during the course of employment. Where any such Sexual Harassment occurs, the employer shall take all necessary steps to assist the aggrieved woman to redress the act of Sexual harassment. (5) No member of a Public establishment shall sexually harass an outsider who visits the establishment for a legitimate Purpose. (6)(i) No employee, member of the teaching staff, or student of an Educational Institution shall sexually harass (a) a person seeking admission to that establishment as a student or (b) a student of that establishment. (c) A member of the teaching staff (ii). No student or a member of a teaching staff of an Educational institution shall sexually harass an employee of the Institution. (7)(i) No person shall sexually harass another person in the course of providing or offering to provide goods or services to that other person. (ii) Sexual harassment of a client in the course of providing services shall amount to Misconduct under The Advocates Act 1961 , The Indian Medical Council Act 1956 , The Architects Act 1972 , The Chartered Accountants Act 1949 and all the laws and rules governing conduct of professionals. (8) (i) No person in custody of a juvenile home, prison or Mental Health care Centre shall sexually harass an employee of such an institution . (ii) No employee of a juvenile home, prison or Mental Health care Centre or an inmate shall sexually harass a person in custody of the above institution or an outsider or a visitor who visits the premises for a legitimate purpose. (9) (i) No person in the custody of a home as defined under sec 2(d) of the Orphanages and other charitable Homes (Supervision and Control ) Act 1960 shall sexually harass an employee of such an institution. (ii) No employee of a home as defined under sec 2(d) of the Orphanages and other charitable Homes (Supervision and Control ) Act 1960 or an inmate shall sexually harass a person in custody of the above institution or an outsider or a visitor who visits the premises for a legitimate purpose. (10) No Member of Parliament or a State Legislative Assembly or Council shall sexually harass a member of the staff or any Member of Parliament , a State Legislative Assembly or Council or any other person in the course of carrying out their duties Parliament or a State Legislative Assembly or Council. (11) No judicial officer or any staff employed by such judicial officer or court shall sexually harass a non – judicial Officer, a member of the staff of a Court of which the judicial officer is a Member or any person who visits the Court premise for a legitimate reason. (12) No person shall sexually harass a woman in the course of seeking to enter into a contract for service or during the period of service. (13) Without prejudice to the rights and remedies available under this act and in addition thereto thereunder, a person aggrieved shall have the right to claim compensation from the defendant for any sexual harassment to which she may have been subjected to in an appropriate Court of law. . (14) In any claim under the preceding clause, the appropriate Court or forum, upon satisfaction on a balance of probabilities that the defendant has committed sexual harassment, shall award appropriate just and reasonable compensation to the person aggrieved taking into account the following factors: (a) The mental trauma, pain , suffering and emotional distress caused to the person aggrieved. (b) The loss in career opportunities due to this particular incident. (c) Medical expenses incurred by the victim for physical or psychiatric help. (d) The income and financial status of the defendant. (Explanation: in any action under clause (14), the person aggrieved may submit an authorized or certified report of the Internal Complaints Committee or the Local Complaints Committee, the Court or forum shall presume that sexual harassment has taken place and shall proceed to award compensation without requiring the person aggrieved to establish her claim of sexual harassment. However, the defendant in such a case shall have the opportunity to establish the such report of the Internal Complaints Committee or the Local Complaints Committee, as the case may be, is perverse and contrary to law or in violation of the principles of natural justice.) ————————- CHAPTER III
AUTHORITIES UNDER THIS ACT
15. Duty of the Establishment to Constitute Internal Complaints Committees :- (1) It shall be mandatory for every Establishment who employs or has employed in the preceding 12 months, more than 50 employees, to constitute an Internal Complaints Committee. An employer who has less than such number may constitute such Internal Complaints Committee at its option. In the event of an establishment having more than one office or branch, it will be mandatory for the employer to constitute an Internal Complaints Committee in each of them. Provided that an establishment where an Internal Complaints Committee has been already set up, the continuance of such a Committee shall be mandatory notwithstanding that the number of employees then or at any time thereafter falls below the number prescribed. .16. Constitution of Internal Complaints Committee: - (1) The Internal Complaints Committee shall consist of not less than three members. The Committee shall be headed by a woman, who shall be its chairperson. There shall be at least one external expert on the committee. (2). Not less than half of its members shall be women, except in situations of non-availability of a suitable woman and for reasons recorded in writing. (3). No external expert on the Internal Complaints Committee shall be in any way, either personally or professionally related or in any ways connected to the employer in whose establishment the Committee has been established, or to a defendant against whom a complaint is received, or to the complainant who has lodged the complaint. If the external expert is so related or in any way connected to the employer, any complainant may seek his disqualification on this ground, and the employer shall be bound to replace him with another external expert. If the external expert is so related to a defendant or complainant in a particular case, the complainant / defendant may seek, at any time during the proceedings, his disqualification on this ground, and the employer shall replace him with another external expert for that particular case. (4). If a member of the Complaints Committee is junior in the hierarchy of the establishment concerned to the defendant, then for that particular case, and if the complainant so requests, at any time during the proceedings, that member shall be substituted on the Committee by another person. (5). An Internal Complaints Committee constituted under section 12 shall be appointed for a period of three years, after which a new Committee shall be appointed. Provided that the previous Committee or individual members of the previous Committee may be reappointed. 17. In public establishments where an Internal Complaints Committee should have been set up but has not been set up, an aggrieved woman may approach the concerned Apex Internal Complaints Committee. In private establishments where an Internal Complaints Committee should have been set up but has not been set up, an aggrieved woman may approach the concerned Local Complaints Committee. 18. Appointment of Local Officer for every District:- (1) The appropriate Government shall appoint a Local Officer for every district in metropolitan areas, and at every block level for non-metropolitan areas, as may be specified in Rules framed under this Act, to deal with complaints arising out of provisions of Section 4 of this Act, that are made by persons in establishments employing less than 50 employees or in sectors that fall under schedule II of this Act. Provided that, where, given the number of employees employed therein and nature of the establishment, a Local officer is of the opinion that any establishment in a sector that falls under schedule II of this Act, should constitute an Internal Complaints Committee in that establishment, the Local officer may direct that establishment to do so. (2). The Local Officer specified in sub-section (1) above, shall not be of a rank lower than the Asst. Labour Commissioner in metropolitan areas and he / she shall be based in the office of the Labour Commissioner / Deputy Labour Commissioner. The Local Officer specified in sub-section (1) above, shall not be of a rank lower than the ———– in non-metropolitan areas and he / she shall be based in the office of the ————–. (3).The Local Officer shall be a female whenever a female officer meets the criteria in Section 18 (2) . (4) Every Local Officer shall draw up a list of a Group of Experts as enumerated in section 2 (q) at each District / Block Level. (5) As and when deemed necessary, the Local officer may appoint Special officers at district / block level to receive complaints and to perform all others tasks .
19. Constitution of Local Complaints Committee:- (1). It shall be the responsibility of the Local Officer under this Act, to constitute a Local Complaints Committee. (2) The said Committee shall consist of at least three persons. At least one person shall be selected from the Group of Experts as constituted under section 14(4) of this Act, one person shall be an employers’ representative, selected from employers association in the district concerned and one person shall be an employees’ representative, selected from a trade union functioning in the district concerned. Whatever the size of the Committee, there shall be an equal number of employers’ and employees’ representatives. The Committee shall be headed by a woman, who shall be its chairperson, and at least 50% of the members shall be women, except in situations of non-availability of suitable women and for reasons recorded in writing. (3). No external expert on the Local Complaints Committee shall be in any way, either personally or professionally related or connected to a defendant against whom a complaint is lodged before the Committee, or to the complainant who has lodged the complaint, or to the employer in whose establishment the defendant or complainant is employed. If the external expert is so related or connected to the employer or defendant or complainant, then the complainant, or defendant as the case may be, may seek her / his disqualification on this ground, and the Local Officer shall be bound to replace her / him with another external expert for that particular case. (4). No employers’ representative on the Local Complaints Committee shall, in relation to a particular case, be in any way, either personally or professionally related or connected to the defendant or complainant or to the employer in whose establishment the defendant or complainant is employed, and the said expert shall not be the member / representative of any association of employers of which the said employer is a member. No employees’ representative on the Local Complaints Committee shall, in relation to a particular case, be in any way, either personally or professionally related or connected to the employer in whose establishment the defendant or complainant is employed or to the defendant or complainant, and the said expert shall not be the member / representative of a trade union of which either the defendant or complainant is a member. If in any of the said instances the employers or employees representative is so related or connected to the employer, defendant or complainant, then the complainant, or defendant as the case may be, may seek her / his disqualification on this ground, and the Local Officer shall be bound to replace her / him with another employers or employees representative, as the case may be, for that particular case. (5). A Local Complaints Committee constituted under sub-section 1 shall be appointed for a period of three years, after which a new Committee shall be appointed. Provided that the previous Committee or individual members of the previous Committee may be reappointed. (6). The members of the Local Complaints Committee shall be paid from the fund of the Local Complaints Committee, a traveling allowance, at such rates as may be prescribed, for each day on which they are required to attend the office from which the Committee functions or travel anywhere else in connection with the work of the Committee. (7). A Fund for the costs of running the Local Complaints Committees shall be established by the Finance Department and made available to the Local Officer of each such Committee.
20. A Public Establishment shall be required to: a) Constitute at every district an Internal Complaints committee, comprising: i) Two Officers not below the rank of a Joint Director (Preferably women) of the concerned ministry under whose administrative control the establishment functions. ii) An external activist or expert working in the area of women’s rights. (b) The secretary of that particular department shall be ultimately responsible for the timely disposal of all complaints of sexual harassment in such establishment and for carrying out the functions of the Internal complaints Committee under this act. 21. It shall be the duty of the Head of the Educational Institution to: (a) Form an Internal Complaints Committee headed by a woman, Comprising: i) A representative of the teaching staff ii) A representative of the staff. iii) A representative of the student’s body. iv) An external activist or expert working in the area of women’s rights. Provided that the manner and method of selection of the above member of the committee shall be determined by the relevant laws, rules, regulations and ordinances governing the establishment if any. Provided further that the existing Internal complaints committee shall be deemed to be the Internal Complaints committee under this act. (b) The head of the institution shall be finally responsible for the timely address of all complaints of sexual harassment in such establishment. (c) Every University shall constitute an Apex Internal Complaints Committee body to carry out the Functions of the Internal Complaints Committee. The Vice Chancellor of the University shall be ultimately responsible for the timely disposal of all complaints of Sexual Harassment in any given University and for carrying out the functions of the Internal Complaints Committee under this Act. 22. It shall be the duty of the Superintendent of each prison to: a) To constitute for every prison, an Internal Complaints Committee, Headed by a woman, comprising of: i) Two member from the Board of Visitors constituted under section 59 of the Prisons Act. ii) An external activist or expert working in the area of women’s rights and prisoner’s rights. b) It shall be the duty of every superintendent of a prison to inform all Inmates their rights to be free from sexual harassment. c) The Superintendent shall be responsible for the timely address of all Complaints of Sexual Harassment in such establishment. The Inspector general of that particular area shall be responsible for the timely address of all complaints of sexual harassment made in prisons that fall under his jurisdiction. 23. It shall be the duty of the Medical Officer in charge of the Mental Health Centre, as defined under sec 2(j) of the Mental Health Act, 1987, to: a) Make sure that written notices are put up at every doctor’s room, the reception and the dormitories explaining the mechanism of the complaints committee and encouraging people to file their grievances in relation to Sexual Harassment. b) Inform all patients and family members about their rights to be free from sexual harassment. c) Constitute an Internal complaints Committee, headed by a woman, comprising of: i) Two members from the Board of Visitors under section 37 of the Mental Health Act, 1987. ii) An external activist or an expert working in the area of Women’s Rights. d) The Medical Officer in Charge of the Mental Health Centre shall be responsible for the timely address of all complaints of sexual harassment in such establishment. 24. It shall be the duty of the head of the Observation Homes, Special Homes and Children’s Homes, as constituted under Sections 8, 9 and 34 of the Juvenile Justice (Care and Protection of Children) Act, 2000, to a) Constitute an Internal complaints committee ,Headed by a woman , under Sec 35 of the Juvenile Justice (Care and Protection of Children) Act, 2000, to comprising : i) Two lady member of the Child Welfare Committee constituted under Section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000 ii) An external activist or an expert working in the area of Women’s Rights. b) The person in charge of the Observation Homes, Special Homes and Children’s Homes shall be responsible for the timely address of all complaints of sexual harassment in such establishment. 25. It shall be the duty of the manager of the home under sec 21 of the The Orphanages and other Charitable Homes Supervision and control Acts, 1960 to a) Constitute an Internal Complaints Committee headed by a woman under Sec 30 (c ) of The Orphanages and other Charitable Homes Supervision and control Acts , 1960 comprising of i) Two lady members of the Board of control constituted under sec 5 of The Orphanages and other Charitable Homes Supervision and control Acts , 1960. ii) An external activist or an expert working in the area of Women’s Rights. b) The manager of that particular home shall be responsible for the timely address of all complaints of sexual harassment in such establishment.
26. It shall be the duty of the Bar Council of India and the Bar Council of all respective states constituted under the Advocates Act, 1961, to a) Constitute a Standing complaints committee, Headed by a woman comprising of: i) Two members of that said Bar Council, preferably women. ii) An external activist or an expert working in the area of Women’s Rights. b) Notwithstanding anything contained in the Advocates Act such committee shall be deemed to be the disciplinary body under this act for the purpose of enquiring into a complaint of sexual c) The chairman of the said Bar Council shall be responsible for the timely address of all complaints of sexual harassment in connection with advocate members of such Bar Council. 27. It shall be the duty of the Medical Council of India under Medical Council Act, 1956, to a) Constitute a committee at the state or union territory level, headed by a woman, comprising of: i) Two senior doctors of that particular state or union territory ii) An external activist or an expert working in the area of Women’s Rights. b) Notwithstanding anything contained in the Indian medical council Act 1956, the Internal Complaints committee shall be deemed to be the Disciplinary committee under this act for dealing with Complaints of Sexual Harassment. c) The Chairman of the said Medical Council of India shall designate for each state or union territory one member of the Medical Council of India (elected from the State Medical Register of such state or union territory) who shall be responsible for the timely address of all complaints of sexual harassment in connection with members of the Medical Council of India. 28. It shall be the duty of the Council of Architects constituted under Sec 3 of the Architects Act, 1972 to a) To constitute a committee headed by a woman, under sec 10 of the Architects Act 1972 at the state or the union territory level, comprising of: i) Two Senior Architects of that particular State or Union Territory members of the architects council. ii) An external activist or an expert working in the area of Women’s Rights. b) Notwithstanding anything contained in the Architects act 1972 , the said committee shall be deemed to be the disciplinary committee under this act for dealing with complaints regarding sexual harassment . c) The president of the said Council of Architects shall designate for each state or union territory one member of the Council of Architects as responsible for the timely address of all complaints of sexual harassment in connection with members of the Council of Architects.. 29. It shall be the duty of the Council of the institute of Chartered Accountants of India to a) Constitute a committee, headed by a woman, under sec 17(2) of the Chartered Accountants Act at every state or the union territory level, comprising of: i) Two members of the Council (preferably women) ii) An external activist or an expert working in the area of Women’s Rights. b) Notwithstanding anything contained in the chartered accountants act 1949 the above committee shall be deemed to be the disciplinary committee under this act dealing with complaints of sexual harassment. c) The President of the Council of Institute of Chartered Accountants shall designate for each state or union territory one member of the Institute of Chartered Accountants to be responsible for the timely address of all complaints of sexual harassment in connection with members of the Institute of Chartered Accountants . 30. It shall be the duty of the Chairman or Speaker of the each house of Parliament of the State Legislature to a) Constitute a standing committee headed by a woman, comprising of: i) Two woman members of the House ii) An external activist or an expert working in the area of Women’s Rights. b) The standing committee shall be deemed to be the internal complaints committee under this act dealing with complaints of Sexual harassment c) The Chairman or the Speaker shall be responsible for the timely address of all complaints dealing with sexual harassment .in connection with members of each house of the parliament or the state assembly. Explanation: It shall be the duty of the Chairman or the speaker to ensure that none of the members of the Complaints committee belong to the same political party as that of either of the parties. 31. It shall be the duty of the: a)District and Sessions Judge to constitute a District Level Committee on Sexual Harassment, headed by a woman, comprising of: i) Two additional District and Sessions Judge (Preferably a woman). ii)An activist or an expert working in the area of Women’s Rights. b)The Chief Justice of a High Court to constitute a State Level Committee on Sexual Harassment headed by a woman, comprising of: i) Two Judges of the High Court ii) An activist or an expert working in the area of Women’s Rights. c)The Chief Justice of India to constitute a Supreme Court Committee on Sexual Harassment headed by a woman, comprising of: i) Two Judges of the Supreme Court ii) An activist or an expert working in the area of Women’s Rights. d) These committees shall be deemed to be the internal complaints committee under this Act dealing with complaints of sexual Harassment. e) The District and Sessions Judge, The Chief Justice of a High Court and The Chief Justice of India shall be responsible for the timely address of all complaints dealing with Sexual Harassment in their respective committees. 32. Complaints Committees for Statutory Boards: Wherever a Statutory Board has been set up by the Central or a State Government to regulate employment in a particular field (for example, the Mathadi Workers’Board, the Security Guards’ Board) then the Chairperson, or whoever is the designated Head of the Board concerned, shall constitute a Complaints Committee to deal with any complaints of sexual harassment made by or against employees who are covered under the said Board. In setting up such a Committee and dealing with such complaints, the Chairperson / designated Head of the Board concerned shall follow exactly the same procedures contained in this Act in respect of Local officers and Local Complaints Committees. 33. All Complaints Committees set up under this Act will be headed by a woman member of the Complaints Committee.
————————— CHAPTER IV
DUTIES OF AUTHORITIES UNDER THIS ACT
34. General duties of an establishment: – (1) Every establishment shall: (a). Ensure a safe environment free from sexual harassment including prevention and deterrence of Sexual Harassment (b). Maintain a proactive program to educate all employees as to the definition of sexual harassment and procedure for redressal. (c) Undertake workshops and training programmes at regular intervals for sensitizing the members (d) Prominently display notices in various places in the establishment spreading awareness about the issue of “Sexual harassment at the Workplace” and giving information about the redressal mechanism that has been put in place and encouraging people to file their grievances. (e) Facilitate initiation of proceedings under this Act if an act/s of sexual harassment has been brought to his/her notice. (f) Prepare and prominently display a policy for the prevention and prohibition of Sexual Harassment and until such a policy is prepared and published the policy as per Schedule I shall apply. (h). Not alter to the prejudice of the Complainant/Supporter/Witness concerned, the conditions of service of the Complainant/Supporter/Witness prevailing immediately prior to the complaint being lodged as a consequence to the filling and prosecuting of a complaint under this Act. (i). Not alter to the prejudice of the Complainant/Supporter/Witness concerned, the conditions of service of the Complainant/Supporter/Witness prevailing immediately prior to the complaint being, after such complaint has been made and pending its prosecution under this Act. (j). Bear the expenses of the committee members incurred in relation to the complaint such as travel allowance. (2). The onus shall be on the head of the establishment to prove that he/she had taken all reasonable measures to comply with the duties cast upon the establishment under this Act. 35. Duties of the Internal Complaints Committee, :- (1) It shall be the duty of all Internal Complaints Committees constituted under this Act, to promote and facilitate measures taken in the establishment concerned for the prevention of Sexual Harassment in that establishment and for conscientisation and Sensitisation regarding the same; to carry out a Dispute Resolution, if so requested by the complainant, and to carry out an enquiry into in complaints of Sexual Harassment referred to it,. Notwithstanding anything to the contrary contained in any law or rules where such an Internal complaints committee is carrying out an inquiry into Misconduct as defined under the Central Civil Services (Conduct) Rules 1964 or the Industrial Employment (Standing orders) act 1946 then such committee shall be deemed to be the Disciplinary Committee formed under such Rules and shall carry out the inquiry under the provisions of the relevant authority. Provided however in establishments employing less than 100 employees and those employed in sectors as specified in schedule II, the Internal complaints committee shall not carry out any inquiry into any complaints of misconduct and complaints after being received by the Internal Complaints Committee shall be forwarded to the Local Complaints Committee. The enquiry into a complaint of misconduct shall be conducted by the Local Complaints Committee and such enquiry shall be deemed to be a disciplinary enquiry under the relevant laws. 36. Duties of Local Officers: – It shall be the duty of the Local Officer to receive complaints under this Act in the district concerned; to draw up a list of the Group of Experts and constitute a Local Complaints Committee, furnish a copy of an Order passed by the Local Complaints Committee to the complainant, defendant and the employer concerned and carry out any other functions assigned to her / him under this Act.
37. Duties of the Local Complaints Committee:- (1) It shall be the duty of all Local Complaints Committees constituted under this Act, to promote and facilitate measures for the prevention of sexual harassment and for conscientisation and sensitization regarding the same and if so requested by the complainant, to carry out a Dispute Resolution process and bring out a settlement in complaints of sexual harassment referred to it, and ,conduct an enquiry into misconduct in all establishments employing less than 100 employees and all sectors that fall under schedule II of this act. ; (2)Notwithstanding anything contained in any other law for the time being in cases where the local complaints committee has carried out an enquiry into Misconduct mentioned under Section 37(1) , the said enquiry shall be deemed to be a disciplinary enquiry under the relevant Rules. 38. Prohibition of Victimisation (1) No person shall be victimized for anything said or done in relation to any complaints or proceeding under this act. (2) A person victimizes another person if the person subjects the other person or threatens to subject the other person to any detriment in connection with employment or recruitment or promotion because such person (i) Has brought proceedings under this Act against any person. (ii) The other person associates with the complainant. (iii) Has given evidence or information or produced a document, in connection with any proceedings under this Act. (iv) Has otherwise done anything in accordance with this Act in relation to any person. (v) Has alleged that any person has contravened a provision of this act Explanation: In determining whether a person victimizes another person it is irrelevant (a) Whether or not a factor in the above sub section is the only or dominant reason for the treatment or threatened treatment as long as it is a substantial reason (b) Whether the person acts alone or in association with any other person. (3). A person shall not request, instruct, induce, encourage, authorize or assist another person to contravene a provision of Section 38(2). 39. Vicarious liability: (1) If an employer or any person who is the head of the establishment in the course of employment or while acting as an agent contravenes a provision in Chapter II or Section 38(2) or engages in any conduct which contravenes the provision of chapter II or Section 38(2) then both the head of the establishment and the employer must be taken to have contravened the provision and a complaint about the contravention may be lodged against either or both of them . (2) An employer or the head of the establishment is not vicariously liable for a contravention of Chapter II or Section 38(2) if the employer or principal proves, on the balance of probabilities, that the employer or the principal took reasonable precautions to prevent the employee or agent contravening the Bill and took reasonable action upon receipt of a complaint relating to Sexual Harassment. CHAPTER V PROCEDURE FOR LODGING A COMPLAINT 40. Before the Internal Complaints Committee: – (1). However in an establishment where an Internal Complaints Committee has been set up, a complaint under this Act may be lodged with the appropriate authority or any person designated to receive complaints or with any member of the Internal Complaints Committee so appointed or constituted under this Act. (2). If the aggrieved woman alleges that she has been subject to an act of sexual harassment at another branch or office to which she has been deputed, or has visited in connection with her work, a complaint in this regard can be filed either with the Internal Complaints Committee in her regular branch or office or with the Internal Complaints Committee in the branch or office in which the act of sexual harassment allegedly took place. (3) Within 1 week of receipt of the complaint, the appropriate authority or member of the Committee to whom the complaint is made shall communicate the same to the chairperson of the Internal Complaints Committee. 41. Before the Local Officer / Local Complaints Committee:- (1) Save and except for the cases specified in Section 40 above, a Complaint under this Act may be lodged with the Local Officer. Provided that: (i). In cases where the allegation of sexual harassment is against the employer of the aggrieved woman, or against the person in charge of the establishment concerned, she may lodge the complaint with the Local Officer if she so chooses; (ii). Where an Internal Complaints Committee should have been set up by an employer under the provisions of this Act, but has not been set up, an aggrieved woman employed by the said employer may lodge a complaint of sexual harassment with the Local Officer. (iii). Where the Local Officer has reason to believe that a number of women in an establishment are being subjected to sexual harassment, but that due to grave danger or fear of repercussions, they are not in a position to file a complaint or give a written consent for the filing of a complaint regarding the same, the Local Officer may act suo motto in the matter and proceed as if a complaint regarding the same had been filed before her. (2). When a Complaint is lodged before the Local Officer, the said Officer shall constitute the Local Complaints Committee from the Group of Experts within 15 days of the receipt of the said complaint and designate a female member as its Chairperson. (3). The Committee so constituted shall sit within the local proximity of the Complainant’s workplace. 42. Oral Complaints to be Reduced in Writing: – It shall be duty of the Authority / person before whom an oral complaint is made under this Act to reduce the said complaint in writing and read out the complaint to the complainant in the language requested by the complainant and obtain the signature of the complainant. 43. Written Consent Mandatory in Specific Situations:- (1) A complaint lodged under section 40 or 41 of this Act by a complainant under Section (2)(d)(iii) or (iv) on behalf of the aggrieved woman, or in the event of her death by her heir or legal representative, shall be filed only after obtaining a written consent of the aggrieved woman or, in the case of her death, her heirs or legal representative, authorising the organisation or individual to file the complaint on her/their behalf. (2). The consent given under subsection (1) herein may be withdrawn at any stage of the proceedings by the aggrieved woman or her legal heir/representative. 44. Where Sexual harassment amounts to criminal offence:- (1) Where the conduct of sexual harassment amounts to a specific offence under the Indian Penal Code or under any other law; it shall be the duty of the appropriate authority / Member of the Committee / Local Officer who receives such a complaint to immediately inform the complainant of her right to initiate action in accordance with law with the appropriate authority, and to give advice and guidance regarding the same. Any such action or proceedings initiated shall be in addition to proceedings initiated and /or any action taken under this Act. (2) Irrespective of whether the complainant opts to initiate criminal proceedings under the Indian Penal Code, the Special Officer / Local Officer / Member of the Committee and the Complaints Committees shall be bound to initiate and conduct proceedings as laid out under this Act. 45. Confidentiality of Complaints:- It shall be the duty of all the persons and authorities designated under this Act to ensure that all complaints lodged under this chapter shall be as confidential as possible. (2). The name of the aggrieved woman shall not be referred to in any records of proceedings, or any orders or Judgements given under this Act; (3). The name of the aggrieved woman nor her identity shall be revealed by the press / media or any other persons whilst reporting any proceedings, case, order or Judgement under this Act.
————————- CHAPTER VI
PROCEDURE IN CASE OF MISCONDUCT
46. Complaints Committee :- On receiving a complaint of sexual harassment, an Internal Complaints Committee, or Local Complaints Committee as the case may be, shall follow the below detailed procedure, and constitute an enquiry committee to enquire into the misconduct . 47. Representation:- Notwithstanding anything contained in any other Act for the time being in force, both the complainant and the defendant shall have the right to be represented in any proceedings under this Act by any person of their choice in any enquiry into misconduct. 48. Dispute Resolution prior to enquiry :- (1) The Internal Complaints Committee or the Local Complaints Committee may if, and only if so requested by the aggrieved woman, try to resolve the matter informally by intervening and thereby permitting the parties to resolve the matter mutually before the commencement of the formal enquiry proceedings referred to in section 49. The person to carry out the Dispute Resolution Process shall be chosen from the Internal Complaints Committee by the aggrieved woman. The Local Officer shall carry out the Dispute Resolution Process on a Local Complaints Committee. (2) Any settlement brought about by such Dispute Resolution must be mutually acceptable to both the aggrieved woman and defendant. (3) Where any settlement between the aggrieved woman and defendant, as per sub-section (2) is reached, the Internal Complaints Committee or the Local Complaints committee will record the Dispute Resolution process and the settlement reached and send it to the employer. A copy of the same will be furnished to the aggrieved woman and the defendant. (4). Notwithstanding what is stated in sub-section (2) and (3) above, the aggrieved woman shall have the right to withdraw from any Dispute Resolution process undertaken under this section, or to challenge any settlement on the ground that her consent for the settlement was obtained by force, fraud, coercion or undue influence or on the ground that the terms of settlement have been breached; (5). Where no mutually agreeable settlement can be reached during such above-mentioned Dispute Resolution process, the Internal Complaints Committee or the Local Complaints Committee shall write a report to that effect, and within a period of two weeks from the termination of the Dispute Resolution process, proceed to hold an enquiry as per section 49. (6). Any Dispute Resolution carried out by the Internal Complaints Committee or the Local Complaints committee under this section shall be completed within a period of one month of the receipt by the Committee of the complaint of sexual harrassment. .49. Conducting of Enquiry:- (1) Where no Dispute Resolution process referred to in section 48 has been requested by the aggrieved woman, or if requested and carried out, has not been successful, the Internal Complaints Committee or the Local Complaints Committee as the case may be, shall within a period of two weeks from the completion of any mediation process held, or if not held, within two weeks of its receipt of the complaint, proceed to conduct a full enquiry into the allegation of sexual harassment, in accordance with the rules and regulations governing misconduct for that establishment and as per the procedures set out below. (2). Provided further that where a Dispute Resolution process has been held as per section 48, but not succeeded, the report of the failed Dispute Resolution process shall not be used in the enquiry or made available to the Complaints Committee members. 50. Participation of Complainant: – (1). Notwithstanding anything contained in any law for the time being in force, the complainant and her representative shall have the right to remain present throughout the enquiry proceedings, to lead evidence and produce witnesses and to cross examine the defendant and any witnesses produced by him. 51. Framing of Charge sheet: If a complainant feels that a charge sheet issued to a defendant pursuant to the complainant’s complaint of sexual harassment does not fully or properly deal with the allegations leveled in her complaint, she can bring the same to the notice of the Complaints Committee, which shall inform the employer of the same and request the employer to reframe the chargesheet accordingly.
52. Procedure To Be Followed by the Internal Complaints Committee or the Local Complaints Committee In Conducting of Enquiry:- (1). In conducting an enquiry under this Act the Enquiry Committee shall abide by the established procedures and principles of natural justice followed while conducting domestic enquiries and in conducting an enquiry under this Act in respect of establishments covered by the Central Civil Services (Conduct) Rules, 1964, or State Civil Service Rules, or the Industrial Employment (Standing Order) Act 1946, the Complaints Committee shall follow the procedures laid down for conducting a domestic enquiry in the said Act and Rules, whichever is applicable except to the extent modified hereunder: (a). The employer / establishment shall hand over to the convenor of the Committee a copy of the chargesheet issued to the defendant and reply/explanation (if any) of the defendant prior to the commencement of the enquiry, and the Committee shall hand over copies of the same to the complainant by hand delivery duly acknowledged or by Regd. A.D post within 3 days of its receipt of the same and prior to the commencement of the enquiry; (b). The Committee shall give 7 days notice by hand delivery duly acknowledged or by regd A, D Post to the complainant and the defendant to appear for the first date of the enquiry which shall be specified. The notice shall state that the complainant and defendant shall be given an opportunity of producing evidence, examining witnesses etc if any. c). At the commencement of the enquiry the committee shall explain to both the complainant and defendant the procedure which will be followed in the enquiry. d). The enquiry shall be conducted in Hindi, English or the local language, whichever is requested by the defendant; e). If the complainant or the defendant desire to examine any witnesses they shall submit in writing to the Convenor of the Committee the names of witnesses whom they propose to so examine. If the complainant or defendant desires to tender any documents by way of evidence before the Committee, they shall furnish such documents to the Committee with copies of the same for the defendant / complainant to whom the Committee shall hand over the said copies. All documents tendered to the Committee shall be taken on record by it and given an exhibit number. f). The evidence of the employer / establishment and of the complainant and their witnesses be recorded. After the witness has deposed, he shall be offered for cross-examination to the defendant. After the completion of the cross examination the evidence of the next witness shall be recorded. After the evidence of the employer / establishment and of the complainant has been completed, the evidence of the complainant and any witnesses produced by him shall be recorded. After the defendant and each witness has deposed, he/she shall be offered for cross-examination to the employer / establishment and the complainant. Sufficient opportunities shall be given to examine all witnesses notified by both parties. g). All proceedings of the Enquiry Committee will be recorded and the same together with the statement of witnesses shall be endorsed by the complainant defendant and representative of the employer / establishment in token of authencity thereof. The refusal to endorse the same by either party shall be endorsed by the convenor. All parties involved in the process are at liberty to place on record any objections or observations As well as the Defendant, the Complainant shall be furnished with a copy of the enquiry proceedings at the end of each proceeding. h). The Committee shall see that every reasonable opportunity is extended to the complainant and to the defendant, for putting forward and defending their case. i). The venue of the enquiry should be as per the convenience of the complainant. k). On the completion of the enquiry, the Committee shall submit a written Enquiry Report. The enquiry report shall specify the details of the charge against the defendant, the evidence led in the enquiry and the reasons by which the Committee has reached its decision. No observations regarding the work and behaviour of either the complainant or defendant shall be made which are not related to the alleged act of sexual harassment. However, the Committee may consider as relevant any earlier complaints of sexual harassment against the defendant. The Committee will also consider the various myths and facts in relation to Sexual Harassment so as to give a well-thought out decision. 53. Rules of Evidence before Complaints Committee:- (1) Notwithstanding anything contained in this Act, in conducting an Enquiry under this Act, an Enquiry Committee may give directions relating to procedure that, in its opinion, will enable delay to be reduced and will help to achieve a prompt hearing in a manner which is appropriate to the matters at issue between the parties. (2). In particular, in conducting such an enquiry, the Enquiry Committee : (i). shall be sensitive to the covert, private and insidious nature of sexual harassment and shall take into account that often the aggrieved woman may not be able to lead direct or corroborative evidence. (ii) shall not permit any evidence or examination based on the aggrieved woman’s character, personal life, conduct, personal and sexual history. (iii). shall take note of the respective socio-economic positions of the parties, their hierarchy in the respective organization / workplace, the employer-employee equations and other power differences while appreciating the evidence. (iv). shall, inform the alleged victim of sexual harassment, that she may give her evidence in writing provided that she makes herself available for cross examination on the same, unless the alleged victim of sexual harassment opts to give her evidence orally; (v). may direct the Defendant to submit the intended questions for cross-examination in writing and the Committee may disallow questions it feels are derogatory, irrelevant or slanderous to the aggrieved woman. (vi). shall, inform the alleged victim of sexual harassment, that she may give her answers to questions of a sensitive nature in writing immediately in the enquiry proceedings during cross examination. 54. Power to Issue Interim Orders:- (1) The Enquiry Committee shall have the power to issue appropriate Interim orders directing the employer, on the demand of either the complainant or any witness giving evidence in her support, to implement such measures as transfer, changing shifts etc. of either the complainant, witness or defendant, granting of leave to the complainant, so as to protect the complainant and witnesses against victimisation and discrimination and mental or physical distress. (2) May issues such other interim orders as may be deemed necessary to ensure the safety of the complainant/supporter/witness.
55. Where an enquiry is held by a Local Complaints Committee, the employer of the complainant shall pay to her and any other employee who deposes on her behalf travel allowance and wages for the days attended before the Committee.
56. Enquiry to be completed within 90 days:- Notwithstanding anything contained in any law for the time being in force an enquiry under this chapter shall be completed, including the submission of the Enquiry Report, within a period of 90 days from the date on which the enquiry is commenced. Any delay in completion shall be done for reasons given in writing. 57. Findings and Directions: (1) On the completion of an enquiry under section 49 of this Act by an Internal Complaints Committee or a Local Complaints Committee, the said Committee may by a detailed and reasoned order: (a) Dismiss the complaint which was subject of the Inquiry. (b) Find the complaints proven on a balance or probabilities and give a finding to that effect. (c) Recommend to the employer that a punishment be imposed upon the defendant, according to the gravity of the offence of which he has been found guilty of and in accordance with the service rules/standing orders applicable to the establishment. In absence of such rules/orders, the committee may direct that the punishment to be imposed on the defendant should be according to the gravity of the act which he has been found guilty of. In addition, the Committee may recommend that the defendant give a written apology to the aggrieved woman clearly indicating that such behaviour will not be repeated and that no retaliatory steps will be taken by him/others on his behalf. (2). Further, if a Local Complaints Committee finds a defendant guilty of the sexual harassment complained of, the Local Complaints Committee can recommend that the defendant pay compensation to the aggrieved woman, commesurate with the gravity of the act of sexual harassment and the wage of the defendant. Any such compensation shall be deducted by the employer from the monthly wages of the defendant, in such installments as the employer deems fit, and paid over to the aggrieved woman.
58. Action to Be Taken After Enquiry: (1) The report of the Enquiry committee shall be deemed to be an inquiry report under the Central Civil Services (Conduct) Rules , 1964 and the Standing Orders of the establishment / Model Standing Orders under the Industrial Employment (Standing Order )Act , 1946 or any other rules enabling the conduct of an enquiry into misconduct as the case may be. Thereafter the disciplinary authority will act on the report in accordance with the said rules. However, the employer shall act upon the findings and recommendations in the report and implement the same. If the employer disagrees with or wishes to modify the same, he / she may do so by stating the reasons in writing. (2). The disciplinary authority shall however only take such action after giving both the complainant and defendant an opportunity to make an oral representation (and written if they so chose) regarding the same, which representation shall be made within 2 weeks of their respective receipt of the copy of the report. The disciplinary authority shall takes its decision within two weeks of its receipt of the said representation. (3). No person accused of an act of sexual harassment under this Act shall be part of the decision making process referred to in this section. (4). Where the person accused of sexual harassment is a sole proprietor of a proprietary undertaking, or a partner of a partnership undertaking not registered under the Companies Act, 1956, and an Enquiry has been held by a Local Complaints Committee, then the findings and recommendations of the Local Complaints Committee referred to in this section shall be binding on the said undertaking. 59. Delay in Filing the Complaint:- Any perceived delay in filing a complaint under this Act, by itself, shall not be a relevant factor in deciding the veracity of the complaint or in appreciating evidence presented. CHAPTER VII
60. Appeals Against Decisions / Reports of Complaints Committees:- (1). Any defendant aggrieved by a decision/ action taken by his employer following an enquiry instituted under this Act, may challenge the same before the court / forum to which he is ordinarily entitled to approach to challenge any decision of the management taken against him in respect of any misconduct. (2) Any aggrieved woman who is aggrieved by a decision of the employer or the report of Complaints Committee in respect of a complaint of sexual harassment filed by her, may: - (a). If both she and the defendant fall within the purview of the Central Civil Services (Conduct) Rules, 1964, or State Civil Service Rules: (i). Challenge the report / decision on points of fact and law, before the forum to which the defendant would ordinarily be entitled to approach to challenge any decision of the management taken against him in respect of any misconduct, and pray that action as per the said rules be taken by the employer against the defendant; (b). If both she and the defendant are employed in an establishment falling within the purview of the Industrial Disputes Act, 1947, and both are a “workman” within the meaning of the said Act: (i). Make a complaint in writing on points of fact and law, and praying that action as per the said rules be taken by the employer against the defendant, to the Industrial Tribunal / Court to whom a dispute raised by the defendant against a decision regarding misconduct would ordinarily be referred, and on receipt of such a complaint, the Industrial Tribunal / Court shall adjudicate upon the same as if it were a dispute referred to it in accordance with the provisions of the Industrial Disputes Act, 1947, and shall submit its award to the Appropriate Government and the provisions of the Industrial Disputes Act, 1947 shall apply accordingly; (c). If the establishment concerned, or either the aggrieved woman or the defendant does not fall within the purview of the Industrial Disputes Act, 1947, or the Central Civil Services (Conduct) Rules, 1964, or State Civil Service Rules, file proceedings, on points of both fact and law, before a civil court, praying that action as per the service rules / rules and regulations applicable to the establishment, be taken by the employer against the defendant. (3) Any aggrieved woman who is aggrieved by a decision of the employer not to issue a charge sheet against a person alleged by her to be guilty of sexual harassment, may challenge the same before the forums indicated above, praying that a charge sheet be issued against the said person and proceedings be instituted against him under this Act. (4). Any aggrieved woman who feels that a charge sheet issued to a defendant pursuant to the complainant’s complaint of sexual harassment does not fully or properly deal with the allegations leveled in her complaint may challenge the same before the forums indicated above, praying that a charge sheet be issued against the said person fully and properly dealing with the allegations leveled in her complaint. (5) Any aggrieved woman who is aggrieved by the failure of an employer not to constitute a Complaints Committee as per the provisions of this Act, or who is aggrieved by the nature of the constitution of a Complaints Committee, may challenge the same before the forums indicated above. ————————–
CHAPTER VIII
MISCELLANEOUS 61. Confidentiality:- (1). Employers, members of Complaints Committees and others responsible for the implementation of this Act will recognize that confidentiality is important and will respect the confidentiality and privacy of individuals reporting or accused of sexual harassment to the extent reasonably possible. (2). The name of the aggrieved woman shall not be referred to in any records of proceedings, or any orders or Judgements given under this Act; (3). The name of the aggrieved woman nor her identity shall be revealed by the press / media or any other persons whilst reporting any proceedings, case, order or Judgement under this Act. 62. Services of Counsellor to be made available to the Complainant:- On the request of a Complainant, a counsellor shall be made available to an aggrieved woman, at the cost of the employer or the head of the Establishment , at any time after the lodging of a complaint, whether before an Internal Complaints Committee or Local Officer. This shall be in addition to any proceedings / enquiries which have been instituted under the Act. 63. Withdrawal of Complaint:- At any stage after the filing of a complaint and during any proceedings in respect of it under this Act by the Complaints Committee, the aggrieved woman shall have the right to withdraw the complaint and the Committee/person shall permit her to withdraw the complaint and if an inquiry has commenced, shall discontinue the inquiry. If it is brought to the notice of the Complainants Committee, or the Committee is of the opinion that, pressure is being brought on the complainant or the witnesses to withdraw their statements or not go through with the complaint then the committee will record this. 64. Complainant/Witnesses/Supporters not be penalized:- If a complaint of sexual harassment is dismissed by a Complaints Committee under this Act, no action whatsoever (including the recovery of any costs involved in investigating / enquiring into the complaint) may be taken in regard to the same against the complainant/witnesses/supporters by the employer. 65. No court fees payable:- Where an aggrieved woman institutes any suit or legal proceedings in a civil court in respect of an act of sexual harassment which is unlawful under this Act, no court fees will be payable by the woman. 66. Where an establishment contravenes any of the provisions of, fails to carry out any of its duties under, this Act, then any person concerned with that establishment may file a case against the establishment, praying for relief including a direction to the establishment to comply with the provisions of the Act, in a civil court, or, if the establishment is covered under the provisions of the Industrial disputes Act, then raise a demand under the said Act, and if it is covered by the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, file a complaint under the said Act, which shall be amended accordingly. (2). Any person concerned with that establishment may also lodge a complaint in this regard against the establishment with the Local Complaints Committee in rhe district / block level, and the Local Complaints Committee may direct the establishment to comply with the provisions of the Act, and impose a fine of a minimum of Rs.10,000/- for its non-compliance with the Act.
67. Complaints Committees to submit Annual Reports:- Each Internal Complaints Committee shall make an annual report to the appropriate government / head of the department of the relevant Ministry/Local officer . The same shall be forwarded by the Local Officer to the Central Government, Ministry of Labour, along with the Local Officer’s own annual report of the complaints dealt with and action taken by her and the Local Complaints Committee constituted by her. 68. Workers Initiative: – Employees should be allowed to raise issues of sexual harassment at the worker’s meeting and in any other appropriate forum and it shall be affirmatively discussed in employer-employee meetings. 69. Act not in derogation of any other Law:- (1). The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. Provided that nothing in this Act shall effect any law, agreement, contract, terms and conditions of service or policy regarding sexual harassment at the workplace which applies to any woman employee / student on the date on which this Act comes into force, if any such law, agreement, contract, terms and conditions of service or policy regarding sexual harassment at the workplace is/are more favourable to the women concerned than the provisions of this Act. (2). Any proceedings instituted by an aggrieved woman under this Act shall be in addition to any other proceedings, whether civil or criminal, which she may chose to file under any other provision of law before any other court, tribunal , authority or forum. 70. Power to make rules:- The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. 71. To address the issue of Sexual harassment the following acts as mentioned in schedule I shall stand amended. _________________________________________________________________ SCHEDULE I 1. The following item shall be added as Item 17 to The Fifth Schedule, Part I, and as Item — to The —– Schedule, Part I of the Industrial Disputes Act, 1947: “to, in any manner whatsoever, sexually harass a female employee “ The following item shall be added as Item 18 to The Fifth Schedule, Part I, of the Industrial Disputes Act, 1947: “To dismiss, discharge or in any way adversely alter the service conditions of a female employee, (or any fellow employee who stands as a witness in this regard), on account of her making or having made an allegation of sexual harassment, or to fail to carry out any duties cast under the Protection Against Sexual Harassment of Women Bill, 2005”. 2. The following item shall be added as Item 11 to Schedule IV and as Item — to Schedule III of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. “to, in any manner whatsoever, sexually harass a female employee “ The following item shall be added as Item 12 to Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. “To dismiss, discharge or in any way adversely alter the service conditions of a female employee, (or any fellow employee who stands as a witness in this regard), on account of her making or having made an allegation of sexual harassment, or to fail to carry out any duties cast under the Protection Against Sexual Harassment of Women Bill, 2005 3. The following Item shall be added into Item 9 of the Schedule in The Industrial Employment (Standing Order) Act 1946 “Note: Any complaints of Sexual Harassment shall also be included as misconduct “ The Following Item shall be added (L) to Rule 14(3) of the Industrial Employment (Standing Orders ) Central Rules , 1946. “In any manner whatsoever sexually Harasses a female employed in the establishment” 4. The Following item shall be added to Section 2(g) the Consumer Protection Act, 1986 “Any form of Sexual harassment faced by the consumer at the time of accessing services shall also be a deficiency in service “ . 5. The following Item shall be added as section 6(c) to The Advocates Act 1961. “ Note : all cases of Sexual Harassment shall also fall under the definition of Misconduct” The following Item shall be added as section 7(b) to The Advocates Act 1961. “Note: Prohibition of Sexual harassment shall also fall under the definition of Professional Conduct” The following Item shall be added as section 35(1) B to The Advocates Act 1961. Note : All complaints of sexual Harassment shall also be included in the definition of Professional Misconduct” 6. The following item shall be added as Section 33(o) to The Indian Medical Council of India Act, 1956. “Protection against Sexual Harassment ”. The following item shall be added as Section 20A (3) to the Indian Medical Council of India Act , 1956. “Any form of Sexual Harassment shall also be included in this definition “. The following shall be added as explanation to Sec 7.4 of The Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2002 “Explanation: any form of Sexual harassment shall be to be an improper Conduct” 7. The following shall be added to Section 22(3) of the Architects Act 1972. “Prohibition of Sexual harassment shall also be included under the definition of Professional Conduct and Code of Ethics” The following shall be added to Section 45(2)(i) of the Architects Act 1972. “Any form of Sexual Harassment shall also be included under the definition of Professional conduct and code of Ethics” The following shall be added as Section 2(1)(xxvi) of the Architects (Professional Conduct) Regulations , 1989 “Not Sexually harass any person in the course of providing services “. 8. The following item shall be added as Item 13 to the part I of Schedule I of the Chartered Accountants Act 1949. “In any manner whatsoever, sexually harasses a client”. The following item shall be added as Item (d) to the part II of Schedule I of the Chartered Accountants Act 1949. “In any manner whatsoever, sexually harasses a client”. 9. The following item shall be added as Section 13(4) to the Mental Health Act, 1987. Any Compliant of Sexual Harassment made to the concerned authority shall also be included under this clause”. 10. The following item shall be added as Subsection (3) to Section 11 of the Prisons Act 1894 “It shall also be the duty of the superintendent to constitute an Internal complaints committee to deal with complaints regarding Sexual harassment “. The following Item shall be added as subsection (29) to section 59 of the Prisons act, 1894 “To prevent and prohibit Sexual harassment “ 11. The following Item shall be added as Item (3) to Section 35 to the Juvenile Justice (Care and Protection of Children) Act, 2000, “Committees for Inquiring into Sexual harassment shall also be one of the inspecting Committees appointed under this section”. 12. The following item shall be added into Sec 21 of the Orphanages and Other Charitable Homes (Supervision and Control)Act , 1960. “ It shall also be the duty of the manager to constitute an Internal Complaints committee to deal with complaints regarding Sexual Harassment “. The following item shall be added as Subsection 30(2)(k) to section 30 of the Orphanages and Other Charitable Homes (Supervision and Control ) Act , 1960. “Prevention and redressal of complaints of Sexual Harassment in homes” SCHEDULE II LIST OF EMPLOYMENTS IN THE UNORGANISED SECTOR
1. AGRICULTURE a. agriculture b. agricultural machinery handling c. small scale farming 2. CONSTRUCTION a. construction work b. brick-kiln work c. building and road maintenance d. carpentry e. construction of tents and pandals, supply of utensils and decorations for functions f. quarry work g. welding h. stone crushing i. minor minerals and mines work j. sand mining 3. HANDLOOMS & POWERLOOMS, DYEING a. handloom weaving of cotton and silk b. powerloom weaving c. cloth printing d. bleaching & dyeing e. ginning 4. FISH a. fishing b. fish selling c. fishery production d. fish processing 5. POULTRY & ANIMAL HUSBANDRY a. animal husbandry b. dairying and allied activities c. shepherding 6. TEA, COFFEE, RUBBER, CASHEW, PLANTATION , PROCESSING, HORTICULUTURE, SERICULTURE a. cashew processing b. gardening and parks maintenance c. horticulture and flori culture d. plantation (other than those covered under Plantations Labour Act, 1951 (Act No.69 of 1951) e. sericulture (silk rearing) 7. FORESTS & ALLIED ACTIVITES a. forestry operation b. honey gathering c. minor forest produce gathering d. tendu leaves collection 8. TREE CLIMBING, COIR a. coir processing / manufacture b. toddy tapping c. coconut peeling d. tree climbing 9. HOME BASED WORK a. agarbatti making b. beads making / piercing c. beedi & cigar manufacture d. bindi work e. coaching service f. envelope & file making g. masala making h. matches manufacture i. pappad making j. pickle making 10. VENDORS a. hawking and vending b. newspaper vending c. panwallaha service 11. HANDICRAFTS a. blacksmithy b. goldsmithy c. pottery d. artist e. sculpture f. cane / reed work g. carpet weaving h. chikan work i. hand embroidery work j. floral work and garland making 12. SERVICES (TRADITIONAL & MODERN) a. beautician b. hair dressing c. health service d. rag picking e. scavenging f. shoe shining work g. sweeping h. laundry work i. child care j. cook k. security service l. band playing m. cable TV operation n. folk arts o. video & photography p. sound & light service 13. SHOPS & ESTABLISHMENTS a. shops & establishment service b. catering c. clubs and canteens service d. coaching service e. computer and information technology related services f. courier service g. data entry operation h. distribution of petroleum products i. electronic and electrical goods repairs j. health services k. hotel and restaurant services l. ngo services m. packing and packaging n. petrol bunk / pump and allied service o. security service p. telephone booth service q. jute products r. band playing s. cable TV operation t. folk arts u. video & photography v. sound & light service 14. TRANSPORT & ALLIED a. transport services (driving, conducting, cleaning etc) 15. SALT PANS a. salt pan work 16. SMALL SCALE & COTTAGE INDUSTRIES a. arrack and liquor production and vending 17. DOMESTIC a. gardening, 18. LOADING UNLOADING GOODS SHEDS, YARDS MARKETS ETC a. headload work 19. TAILORING |
Rape, sexual harassment at par in new bill
Thu, Jul 1 12:50 PM
New Delhi, July 1 — Victims of sexual harassment at the workplace will be treated at par with rape victims and juvenile delinquents, as far as confidentiality is concerned, according to the draft legislation to protect women from sexual harassment.
India’s first attempt at legislation to prevent and punish sexual harassment is ready.
“We have been fast tracking all activity on the Bill and I hope it gets Cabinet clearance,” said Women and Child Development Minister Krishna Tirath.
The most important feature of The Protection of Women Against Sexual Harassment at the Work Place Bill is that it recognises the social discomfort that filing a case of sexual harassment against a colleague generates for the complainant.
The Bill provides that no information about the complainant or the complaint can be made known to the media or public “in any manner”, even in response to RTI applications.
Till now, all sexual harassment charges in India have been dealt with using guidelines
set by the Supreme Court in the 1997 Vishakha judgment
Other provisions in the Bill include penalties for employers with more than 10 employees who fail to set up an internal committee to deal with
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