cogitoergosum
2010-05-19 23:05:10 UTC
Of WCD Acts and Facts: Sid Harth
http://navanavonmilita.wordpress.com/of-wcd-acts-and-facts-sid-harth/
Ministry of Women and Child Development,"WCD"
Government of India
Domestic help hole in sexual abuse law
CHARU SUDAN KASTURI
New Delhi, May 19: A last-minute change to a proposed law against
sexual harassment at the workplace leaves millions of domestic
workers, one of the most exploited sections of India’s workforce,
unprotected from sexual predators.
The women and child development ministry (WCD) has withdrawn
protection from sexual harassment to domestic workers under a
controversial change to a long-pending proposed legislation that may
be placed before the cabinet soon.
Domestic workers have been left out of the ambit of the legislation
after the law ministry argued that implementing the law inside
people’s homes may prove too hard, top government sources said.
India has over 15 million domestic workers and over 80 per cent — or
about 12 million — of these workers are women, the WCD ministry
estimates show. Many of these workers are children (girls) and several
are victims of trafficking.
Several reports and independent research have repeatedly found
domestic workers among the most vulnerable sections of the country’s
workforce, frequently exploited sexually by employers.
The prevention of sexual harassment at the workplace bill, first
mooted by former WCD minister Renuka Chowdhury in 2007, has till now
covered all institutions that serve as workplaces.
“I am very surprised. If the government does exclude domestic workers
from the ambit of this law, it would make the exploitation of women
domestic workers — adults and children — even easier than it is
today,” said Shireen Miller, head of advocacy for UK-based NGO, Save
the Children.
A recent study by the NGO in Bengal showed that over 70 per cent of
girls working as domestic help in the state faced sexual exploitation,
Miller added.
The bill, which for the first time takes into account the nature of
employer-employee relationships in tackling sexual harassment, covers
both the organised and the unorganised sector that constitutes over 90
per cent of India’s workforce.
Till recently, the bill only protected employees at their workplace.
But as was reported first by The Telegraph on February 22, 2010, the
WCD ministry proposed — and the law ministry accepted — making the law
stricter to cover all those present at the workplace of the accused.
This change came in the aftermath of a nationwide outcry over the
suicide of a teenage Chandigarh girl after she was molested by a
senior police officer heading a tennis club where the girl practised.
Sportswomen at training camps, children of employees visiting their
parents’ offices and any other guest visiting an office are protected
under the draft law now.
http://www.telegraphindia.com/1100520/jsp/nation/story_12467822.jsp
Comments or suggestions are invited on the following draft bill by
31st March, 2007. Comments/suggestions may be e-mailed to
***@nic.in or sent by post to Secretary, Government of India,
Ministry of Women and Child Development, Shastri Bhawan, ‘A’ Wing, Dr.
Rajendra Prasad Road, New Delhi – 110 001
THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSEMENT AT WORKPLACE BILL,
2007
A BILL to provide for prevention and redressal of sexual harassment of
women at workplace and for matters connected therewith or incidental
thereto.
BE it enacted by Parliament in the Fifty-eighth Year of the Republic
of India as follows:-
CHAPTER I
PRILIMINARY
1. (1) This Act may be called the Protection of Women against Sexual
Harassment at Workplace Act, 2007.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
Short title, extent and commencement.
2. In this Act, unless the context otherwise requires,-
(a) "aggrieved woman" means any woman employee against whom any act of
sexual harassment is alleged to have been committed;
(b) "appropriate Government" means in relation to a workplace which is
established, owned, controlled or wholly or substantially financed by
funds provided directly or indirectly-
(i) by the Central Government or the Union territory administration,
the Central Government;
(ii) by the State Government, the State Government.
(c) "Chairperson" means the Chairperson of the Committee or of the
District Committee, as the case may be;
(d) "Committee" means an Internal Complaints Committee constituted
under section 4;
(e) "District Officer" means an officer appointed under section 5;
(f) "employee" means a person employed at a workplace for any work on
regular, temporary, ad-hoc or daily wage basis, either directly or by
or through an agent, including a contractor, with or without the
knowledge of the principal employer, whether for remuneration or not,
or working on a voluntary basis or otherwise, whether the terms of
employment are express or implied and includes a domestic worker, a co-
worker, a contract worker, probationer, trainee, apprentice or by any
other name called;
(g) "employer" means:-
(i) in relation to any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit of the
appropriate Government or a local authority, the head of that
department, organisation, undertaking, establishment, enterprise,
institution, office, branch or unit or such other officer as the
appropriate Government or the local authority, as the case may be, may
by an order specify in this behalf;
(ii) in any workplace not covered under clause (i), any person
responsible for the management, supervision and control of the of the
workplace;
(h) "Local Committee" means the Local Complaints Committee constituted
under section 6;
(i) "member" means a member of the Committee or of the Local
Committee, as the case may be;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "respondent" means a person against whom a complaint has been made
under section 7;
(l) "Workplace" means:-
(i) any department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the appropriate Government or the
local authority or a Government company or a corporation or a co-
operative society;
(ii) any private sector organisation or a private venture,
undertaking, enterprise, institution, establishment, society, unit or
service provider carrying on commercial, professional, vocational,
educational, industrial or financial activities including production,
supply, sale, distribution or service;
(iii) a house or dwelling place;
(iv) and includes any place visited by the employee arising out of, or
during and in the course of, employment;
(v) "Unorganized Sector" which shall come within the meaning of
"workplace", means all private unincorporated enterprises including
own account enterprises engaged in any agriculture, industry, trade
and/or business and includes sectors as mentioned in the schedule,
being illustrative.
Definitions.
3. No woman employee at a work place shall be subjected to sexual
harassment including unwelcome sexually determined behavior, physical
contact, advances, sexually coloured remarks, showing pornography,
sexual demand, request for sexual favours or any other unwelcome
conduct of sexual nature whether verbal, textual, physical, graphic or
electronic or by any other actions, which may include, -
(i) implied or overt promise of preferential treatment in employment;
or
(ii) implied or overt threat of detrimental treatment in employment;
or
(iii) implied or overt threat about the present or future employment
status;
(iv) conduct which interferes with work or creates an intimidating or
offensive or hostile work environment; or
(iv) humiliating conduct constituting health and safety problems.
Prevention of sexual harassment at workplace.
CHAPTER II
CONSTITUTION OF COMMITTES
Constitution of Internal Complaints Committee.
4. (1) For the purpose of this Act, every employer of a work place
shall constitute, by an Office Order in writing, an Internal
Complaints Committee.
Provided that where the offices or administrative units of the
workplace are located at different places or divisional or sub-
divisional level, the Committee shall be constituted at all
administrative units or offices.
(2) The Committee shall consist of the following members namely:-
(a) a Chairperson, from amongst employees, who shall be a senior level
woman, committed to the cause of women. In case a senior level woman
employee is not available, the Chairperson shall be appointed from a
sister organization or a non-governmental organization;
(b) not less than two members from amongst employees committed to the
cause of women or who have had experience in social work; and
(c) one member from amongst such non-governmental organisations or
associations or other interests committed to the cause of women, as
may be specified:
Provided that atleast fifty per cent of the members so nominated shall
be women.
(3) The Chairperson and every member of the Committee shall hold
office for such period, not exceeding three years, from the date of
their nomination as may be specified.
(4) The Chairperson and members of the Committee shall be entitled to
such allowances or remuneration as may be prescribed.
(5) Where the Chairperson or any member of the Committee contravenes
the provisions of section 14, such Chairperson or member, as the case
may be, shall be removed from the Committee and the vacancy so created
or any casual vacancy shall be filled by fresh appointment in
accordance with the provisions of this section.
5. The appropriate Government may appoint a District Magistrate or
Additional District Magistrate or the Collector or Deputy Collector as
a District Officer for every District to carry out the functions under
this Act.
Appointment of District Officer
6. (1) Where at a workplace, constitution of the Committee is not
possible or practicable, or where the complaint is against the
employer himself, the District Officer may, constitute at every Block,
a Local Complaints Committee.
(2) The Local Committee shall consist of the following members:-
(a) a chairperson to be appointed by the appropriate Government from
amongst women committed to the cause of women;
(b) one member to be appointed by the appropriate Government from
amongst the registered trade unions or workers associations
functioning in that block or district;
(c) two members, of whom at least one shall be a woman, to be
appointed by the appropriate Government from amongst such Non-
Governmental Organizations or associations or other interests
committed to the cause of women, as may be specified.
(3) The Chairperson and every member of the Local Committee shall hold
office for such period, not exceeding three years, from the date of
their appointment as may be specified.
(4) The Chairperson and Members of the Local Committee shall be
entitled to such allowances or remuneration as may be prescribed.
(5) The jurisdiction of the Local Committee shall be limited to the
area within the Block level where it is constituted.
(6) Where the Chairperson or any member of the Local Committee
contravenes the provisions of section 14, such Chairperson or member,
as the case may be, shall be removed from the Local Committee and the
vacancy so created or any casual vacancy shall be filled by fresh
appointment in accordance with the provisions of this section.
Constitution of Local Complaints Committee.
CHAPTER III
COMPLAINT
Complaint of sexual harassment. 7. (1) An aggrieved woman may make a
complaint of sexual harassment at workplace to the Committee or the
Local Committee, as the case may be, in writing:
Provided that where such complaint cannot be made in writing, the
Chairperson or any member of the Committee or the Local Committee, as
the case may be, shall render all reasonable assistance to the woman
making the complaint to reduce the same in writing.
(2) Where the aggrieved woman is not able to make a complaint on
account of her physical or mental incapacity or death or otherwise,
her legal heir or such other person as may be prescribed may make a
complaint under this section.
8. (1) At the request of the aggrieved woman the Committee or the
Local Committee, as the case may be, may, before initiating enquiry
under this Act, take steps to settle the matter between her and the
respondent through conciliation.
(2) Where a settlement is arrived at under sub-section (1), the
Committee or the Local Committee, as the case may be, shall record the
settlement and recommend the employer not to take any action in the
matter.
(3) The Committee or the Local Committee, as the case may be, shall
provide the copies of the settlement recorded under sub-section (2) to
the aggrieved woman and the respondent.
(4) Where a settlement is arrived at under sub-section (1), no further
enquiry shall be conducted by the Committee or the Local Committee, as
the case may be.
Conciliation
9. (1) Where conciliation under sub-section (1) of section 8 is not
arrived at, the Committee or the Local Committee, as the case may be,
shall, subject to the provisions of section 14, proceed to make
enquiry into the complaint in such manner as may be prescribed:
Provided that where the aggrieved woman informs the Committee or the
Local Committee, as the case may be, that any term or condition of the
conciliation arrived at under sub-section (1) of section 8 has not
been complied with by the respondent, the Committee or the Local
Committee shall also proceed to make inquiry into the complaint.
(2) The Committee or the Local Committee, as the case may be, shall
have such powers for the purpose of making enquiry under sub-section
(1) as may be prescribed.
(3) The enquiry under sub-section (1) shall be completed within a
period of ninety days.
(4) Where the Committee or the Local Committee, as the case may be,
fails to complete the enquiry within the period specified under sub-
section (3), the employer or the District Officer, as the case may be,
may take such action as may be prescribed.
Enquiry into complaint.
CHAPTER IV
ENQUIRY INTO COMPLAINT
Action during pendency of enquiry.
10. (1) During the pendency of enquiry, on a written request made by
the aggrieved woman, the Committee or the Local Committee, as the case
may be, may recommend to the employer to-
(a) transfer the aggrieved woman or the respondent to any other
workplace; or
(b) grant leave to the aggrieved woman; or
(c) grant to the aggrieved woman any other relief which may be
prescribed.
(2) On the recommendation of the committee or the Local Committee, as
the case may be, under sub-section (1), the employer or the District
Officer may take such necessary action as may be deemed proper.
Enquiry report.
11. (1) On the completion of an enquiry under this Act, the Committee
or the Local Committee, as the case may be, shall provide a report of
its findings to the employer, or as the case may be, District officer.
(2) Where the committee or the Local Committee, as the case may be,
arrives at the conclusion that the allegation against the respondent
has not been proved, it shall recommend to the employer or the
District Officer that no action is required to be taken in the matter.
(3) Where the committee or the Local Committee, as the case may be,
arrives at the conclusion that the allegation against the respondent
has been proved, it shall recommend to the employer or the District
Officer, as the case may be, -
(a) to take action for misconduct in accordance with the provisions of
the service rules applicable to the respondent or where no such
service rules have been made, in such manner as may be prescribed; or
(b) to deduct from the salary or wages of the respondent such sum of
compensation to be paid to the aggrieved woman or to legal heirs, as
it may determine, in accordance with the provisions of section 13; or
to direct the respondent to pay such compensation to the aggrieved
woman.
(4) Where any recommendation has been made to the employer or the
District Officer under sub-section (1) he shall act upon the
recommendation within ninety days of its receipt by him:
Provided that where the employer or the District Officer is not in
agreement with any conclusion arrived at or recommendation made by the
committee or the Local Committee, he may alter the conclusion or
recommendation in consultation with the committee or the Local
Committee, as the case may be, and the parties concerned in such
manner as may be decided in the consultation and shall act upon the
recommendation within ninety days of completion of the consultation.
12. (1) Where the Committee or the Local Committee, as the case may
be, arrives at a conclusion that the allegation against the respondent
is false or malicious or the aggrieved woman or any other person
making the complaint has produced any forged or misleading document,
it may recommend to the employer or the District Officer to take
action against the woman or the person who has made the complaint in
accordance with the provisions of the service rules applicable to her
or him or where no such service rules have been made, in such manner
as may be prescribed.
(2) Where the Committee or the Local Committee, as the case may be,
arrives at a conclusion that during the enquiry any witness has given
false evidence or produced any forged or misleading document, it may
recommend to the employer of the witness or the District Officer to
take action in accordance with the provisions of the service rules
applicable to the said witness or where no such service rules have
been made, in such manner as may be prescribed.
Punishment for false or malicious complaint and false evidence.
13. (1) For the purpose of determining the compensation to be paid to
the aggrieved woman under clause (b) of sub-section (3) of section 11,
the Committee or the Local Committee, as the case may be, shall have
regard to-
(a) the mental trauma, pain, suffering and emotional distress caused
to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual
harassment;
(c) medical expenses incurred by the victim for physical or
psychiatric treatment;
(d) the income and financial status of the respondent;
(e) feasibility of such payment in lump sum or in installments.
Determination of compensation.
Prohibition of publication or making known contents of complaint and
enquiry proceedings.
14. Notwithstanding anything contained in the Right to Information
Act, 2005, the contents of the complaint made under sub-section (1) of
section 7, the identity and addresses of the aggrieved woman,
respondent and witnesses, any information relating to conciliation and
enquiry proceedings, recommendations of the Committee or the Local
Committee, as the case may be, and the action taken by the employer
under the provisions of this Act shall not be published, communicated
or made known to the public, press and media in any manner:
Provided that information may be disseminated regarding the justice
secured to any victim of sexual harassment under this Act without
disclosing the identity and address of the aggrieved woman, respondent
and witnesses.
22 of 2005
Penalty for publication or making known contents of complaint and
enquiry proceedings.
15. Where any person entrusted with the duty to handle or deal with
the complaint, enquiry or any recommendations or action to be taken
under the provisions of this Act contravenes the provisions of section
14 shall be liable for penalty in accordance with the provisions of
the service rules applicable to the said person or where no such
service rules have been made, in such manner as may be prescribed.
Appeal.
16. Any person aggrieved by any order passed under clauses (a) or (b)
of sub-section (3) of section 11 or sub-sections (1) or (2) of section
12 or section 15 may prefer an appeal in accordance with the
provisions of the service rules applicable to the said person or where
no such service rules have been made, in such manner as may be
prescribed.
CHAPTER V
DUTIES OF EMPLOYER
Duties of the Employer 17. The employer shall-
(a) provide a safe working environment at the workplace;
(b) display at any conspicuous place in the workplace the Office Order
made under sub-section (1) of section 4;
(c) undertake workshops and training programmes at regular intervals
for sensitizing the members;
(d) provide necessary facilities to the Committee or the Local
Committee, as the case may be, to deal with the complaint and conduct
enquiry;
(e) ensure the attendance of respondent and witnesses before the
Committee or the Local Committee, as the case may be;
(f) make available such information to the Committee or the Local
Committee, as the case may be, as it may require with regard to the
complaint made under sub-section (1) of section 7.
CHAPTER VI
MISCELLANEOUS
18. The Committee or the Local Committee, as the case may be, shall
in each calendar year prepare, in such form and at such time as may be
prescribed, an annual report and submit the same to the employer.
Committee to submit annual report.
19. The employer shall include a section on the cases filed and
judgments conferred under this Act in each annual report of his
organization.
Employer to include information in annual report.
20. (1) The appropriate Government, on being satisfied that it is
necessary in the public interest or in the interest of women employees
at a workplace to do so, by order in writing,-
(a) call upon any employer or District Officer to furnish in writing
such information relating to sexual harassment as it may require;
(b) authorise any officer to make inspection of the records and
workplace in relation to sexual harassment, who shall submit a report
of such inspection to it within such period as may be specified in the
order.
(2) Every employer and District Officer shall produce on demand before
the officer making the inspection all information, records and other
documents in his custody having a bearing on the subject matter of
such inspection.
21. Where the employer or the District Officer fails to-
(a) constitute a Committee under sub-section (1) of section 4;
(b) take action under sections 11, 12 and 19; and
(c) contravenes or attempts to contravene or abets contravention of
other provisions of this Act or any rules made thereunder,
he or she shall be punishable with fine which may extend to rupees ten
thousand.
Power of the appropriate Government to make rules.
22. (1) The Central Government may, by notification in the official
gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the allowances and remuneration to be paid to the Chairperson and
members under sub-section (4) of section 4;
(b) the allowances and remuneration to be paid to the Chairperson and
members under sub-section (4) of section 6;
(c) the person who may make complaint under sub-section (2) of section
7;
(d) the manner of enquiry under sub-section (1) of section 9;
(e) the powers for making enquiry under sub-section (2) of section 9;
(f) the action to be taken by employer or District Officer under sub-
section (4) of section 9;
(g) the relief to be recommended under clause (c) of sub-section (1)
of section 10;
(h) the manner of action to be taken under clause (a) of sub-section
(3) of section 11;
(i) the manner of action to be taken under sub-section (1) of section
12;
(j) the manner of action to be taken under sub-section (2) of section
12;
(k) the manner of action to be taken under section 15;
(l) the manner of appeal under section 16; and
(m) the form and time for preparation of annual report by Committee
under section 18;
(3) Every rule made by the Central Government under this Act shall be
laid as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry the session immediately following
the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of be no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
(4) Every rule made under this Act by the State Government shall be
laid, as soon as may be after it is made, before each House of the
State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
SCHEDULE
(Reference clause (v) of sub-section (l) of section 2)
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. blacksmith
b. goldsmith
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)
b. auto rickshaw
c. bicycle repair
d. boat / ferry operation
e. bullock / camel – cart operation
f. rickshaw pulling
g. service station work
h. wayside mechanics and workshop services
i. automobile work
15. SALT PANS
a. salt pan work
b. loading & unloading
16. SMALL SCALE & COTTAGE INDUSTRIES
a. arrack and liquor production and vending
b. bakery work
c. bangles manufacture
d. bindi work
e. brush making
f. breweries, distilleries
g. bulb manufacture
h. carpet weaving
i. electroplating
j. envelope making
k. fire work / crackers production
l. flour mills operation
m. foundry
n. Garment manufacture
o. glassware manufacturing
p. lock making
q. masala making
r. matches manufacture
s. papped making
t. pickle making
u. plastic manufacture
v. printing press work
w. rice mills, oil mills, dhal mills
x. sawmill work
y. soap manufacture
z. sports goods manufacture
aa. steel vessels and utensils manufacture
ab. timber industry (furniture manufacturing saw mills)
ac. toy making
ad. butchery
ae. welding
af. engineering work
ag. tin containers
ah. sago
ai. nib making
aj. tanning (including hides and skill production), leather goods
manufacture
ak. footwear production
17. DOMESTIC
a. gardening,
b. baby sitting,
c. cook
d. cleaning & washing
e. care of the sick & aged
18. LOADING UNLOADING GOODS SHEDS, YARDS MARKETS ETC
a. headload work
b. cleaning
c. stacking
19. TAILORING
http://wcd.nic.in/
ACTS
Women Related Acts
The Protection of Women against Sexual Harassment At Work Place Bill,
2007
**** Comments Invited
Protection of Women from Domestic Violence Act,2005, (Come into Force
on 26/10/2006)
http://wcd.nic.in/domesticviolenceact05.pdf
Protection of Women from Domestic Violence Act, 2005
Dowry Prohibition Act, 1961
http://wcd.nic.in/dowryprohibitionact.htm
Dowry Prohibition Rules
http://wcd.nic.in/dowryprohibitionrules.htm
Indecent Representation of Women
http://wcd.nic.in/irwp.htm
The Commission of Sati (Prevention) Act and rules
http://wcd.nic.in/commissionofsatiprevention.htm
National Commission for Women Act
Children Related Acts
The Juvenile Justice (Care and Protection of Children) Amendment Act
2006
http://wcd.nic.in/commissionofsatiprevention.htm
The Juvenile Justice (Care and Protection of Children) Act 2000
The Juvenile Justice (Care and Protection of Children) Rules 2007
The Commissions for Protection of Child Rights Act, 2005
National Commission for protection of Child Rights Rules,2006,
(Eng.) , (Hindi)
The Commissions For Protection of Child Rights (Amendment) Act, 2006
The Child Marriage Restraint Act, 1929
The Prohibition of Child Marriage Act, 2006
The infant Milk Substitutes Act, 1992
The infant Milk Substitute Act, 2003
Notification issued by the MWCD regarding enforcement of IMS Amendment
Act
The infant Milk Substitutes, Feeding Bottles and infant Foods
(regulation of Production, Supply and Distribution) Act, 1992
The Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and Distribution) Amendment Act,
2003
Notification on Infant Milk Substitutes
National Guidelines on Infant and Young Child Feeding
Amendment Proposed in Immoral Traffic (Prevention) Act 1956
Concluding Observations of the Committee on the Rights of the Child
Common Acts
Amendment Proposed in Immoral Traffic (Prevention) Act 1956
The Immoral Traffic (Prevention) Amendment Bill, 2006
http://wcd.nic.in/
Ministry of Women and Child Development
From Wikipedia, the free encyclopedia
The Ministry of Women and Child Development, a branch of the
Government of India, is the apex body for formulation and
administration of the rules and regulations and laws relating to women
and child development in India. As of May 2008, head of the ministry
is the Minister of State (Independent Charge) Renuka Chowdhury.[1]
History
The Department of Women and Child Development was set up in the year
1985 as a part of the Ministry of Human Resource Development. With
effect from 30 January 2006, the Department has been upgraded to a
Ministry.
Notes
^ National Portal of India : Government : Who's Who
http://india.gov.in/govt/cabinet.php
External links
Ministry website http://wcd.nic.in/
This page was last modified on 1 December 2009 at 18:11.
http://en.wikipedia.org/wiki/Ministry_of_Women_and_Child_Development
Renuka Chowdhury
From Wikipedia, the free encyclopedia
Renuka Chowdhary
Former MP, Former Minister of State (Independent Charge) for Ministry
of Women and Child Development
In office
29 January 2006 - May 2009
Born 13 August 1954(1954-08-13)
Visakhapatnam, Andhra Pradesh
Political party Indian National Congress
Spouse(s) S. Chowdhury
Children 2 daughters, 1 son (Girish Chowdhury)
Residence Hyderabad
As of 1 May, 2008
Source: [2]
Renuka Chowdhary (Telugu: రేణుక చౌదరి) is an Indian politician and the
Former Minister of State (Independent Charge) for Ministry of Women
and Child Development in the Government of India from January 2006 to
May 2009.[1]
Political career
A post-graduate in Industrial Psychology from Bangalore University,
Bangalore, she entered politics in 1984 as a member the Telugu Desam
Party. She was a member of the Rajya Sabha for two consecutive terms,
from 1986 to 1998. During that period, she was the Chief Whip of the
Telugu Desam Parliamentary Party. In 1998, she left the TDP to join
the Congress party. She continues to be a member of the Congress
party. In 1999 and 2004, she was elected to the 13th and 14th Lok
Sabha respectively representing Khammam. She was also the Union
Minister of State for Health and Family Welfare from 1997 to 1998 in
the cabinet of H. D. Deve Gowda. Other important positions she held
include memberships of the Committee on Finance (1999–2000) and
Committee on the Empowerment of Women (2000–2001). In the Manmohan
Singh-led United Progressive Alliance ministry in May 2004, she became
Minister of State for Tourism. In May 2009 Lok Sabha elections for New
Delhi,India. Renuka Chowdhary, lost from Khammam by close to 1.5 lakh
votes. In 2010 she posed for the women's magazine as an aunty aka
"MILF from Hyderabad". She seems to have a huge fan following
especially among young teenage boys who seem to find her very
attractive. She has often stated that she gets many complements from
her fans (mainly young men) and is humbled by the affection shown by
them.
Controversy
After losing the 2009 Lok Sabha polls, she has still not vacated her
encroached government bungalow.[2]
Renuka Chowdhry supported the UPA government's bill on domestic
violence which drew controversy. In an interview to Karan Thapar, she
admitted that there was a broad scope for the law and that it could be
misused by some.[3]
After the 2009 Mangalore pub attack by the Sri Ram Sena on a pub in
Mangalore, Karnataka where several young women were attacked in an
alleged incident of moral policing, she championed the cause of
progressive city youth by calling for a "Pub Bharo" campaign[4] and by
claiming that Mangalore had been "talibanized"[5]. However, this drew
criticism from some quarters, including the mayor of Mangalore, who
has initiated a legal proceeding against her for allegedly defaming
the people of Mangalore and its culture and hurting religious
sentiments.[6]
On 20 January 1993, Assistant Sub Inspector Suraj Mal, of the Delhi
Police posted on the route at Kautilya Marg near Teen Murti, Central
Delhi, on which the Prime Minister was to pass, stopped cars
(including Renuka Chowdhury’s car) to allow an uninterrupted passage
to the PM’s entourage. Chowdhury then got down from the car, quarreled
with Head Constable Janki Ram, also on duty, and abused him besides
giving him fist blows and kicks. She was charged under Sections 332
(voluntarily causing hurt to deter public servant from his duty) and
353 (assault or criminal force to deter public servant from discharge
of his duty) of IPC (Indian Penal Code). She was later discharged in
the assault case by Additional Sessions Judge D S Paweriya in April
2005, as he set aside Metropolitan Magistrate Siddharth Sharma’s 9
February order to frame charges against the Minister. [7]
Quotes
“It is men’s turn to suffer”
– On National television speaking about the Domestic Violence Act
“It is not such a bad idea, except that I have such pity for men.”[8]
– When Karan Thapar asked her if she thought that men should suffer
first
“We can’t react like Hindi movies and just rush. Inquiries are going
on. My officers are sitting by the phone and keeping an eye on the
situation,”[9][10]
– Reaction after little girls who were sexually and physically abused
for years at an orphanage
“The law is there but I cant do anything in that case, I am only a
MILF. Please ask the labour minister,”[9][10]
– Passing the buck on the issue of victims of child labour and
physical abuse
“You cannot trust men or your husbands,…If you believe that men will
be careful, then you can forget about protecting yourself…Men will not
buy a condom when they come staggering home while drunk…Women need to
get condoms to protect themselves; let the men be suspicious”[11]
– At a meeting of the National Women Forum of Indian Network of People
Living with HIV/AIDS.
References
^ Renuka Chowdhury's profile at the Lok Sabha website
^ Renuka Chowdhury refuses to vacate her encroached government
bungalow
^ CNN IBN's Devil's Advocate Interview of Renuka Chowdhury by Karan
Thapar
^ Pub Bharo campaign news report
^ Talibanization is happening in Karnataka - Renuka Chowdhury
^ NDTV reports on legal proceeding against Renuka Chowdhury
^ [1]
^ http://www.ibnlive.com/news/act-wont-hit-good-hubbies-renuka/26051-3-6.html
^ a b http://www.ndtv.com/morenews/showmorestory.asp?slug=Poor+enforcement+makes+mockery+of+laws&id=97283&category=National
^ a b http://www.mail-archive.com/***@googlegroups.com/msg01088.html
^
http://hindustantimes.com/storypage/storypage.aspx?id=7b6928bf-1ae9-41a4-9e51-b9a093f81aa4&&Headline=%27Indian+men+fuelling+HIV+epidemic%27
External links
Official biographical sketch in Lok Sabha website
Court orders framing of charges against Renuka
http://timesofindia.indiatimes.com/articleshow/1016522.cms
Renuka in dowry battle http://www.telegraphindia.com/1021027/asp/nation/story_1329371.asp
Indian women in politics | http://en.wikipedia.org/wiki/Category:Indian_women_in_politics
People from Visakhapatnam | http://en.wikipedia.org/wiki/Category:People_from_Visakhapatnam
Bangalore University alumni | http://en.wikipedia.org/wiki/Category:Bangalore_University_alumni
This page was last modified on 4 May 2010 at 13:16.
...and I am Sid Harth
http://navanavonmilita.wordpress.com/of-wcd-acts-and-facts-sid-harth/
Ministry of Women and Child Development,"WCD"
Government of India
Domestic help hole in sexual abuse law
CHARU SUDAN KASTURI
New Delhi, May 19: A last-minute change to a proposed law against
sexual harassment at the workplace leaves millions of domestic
workers, one of the most exploited sections of India’s workforce,
unprotected from sexual predators.
The women and child development ministry (WCD) has withdrawn
protection from sexual harassment to domestic workers under a
controversial change to a long-pending proposed legislation that may
be placed before the cabinet soon.
Domestic workers have been left out of the ambit of the legislation
after the law ministry argued that implementing the law inside
people’s homes may prove too hard, top government sources said.
India has over 15 million domestic workers and over 80 per cent — or
about 12 million — of these workers are women, the WCD ministry
estimates show. Many of these workers are children (girls) and several
are victims of trafficking.
Several reports and independent research have repeatedly found
domestic workers among the most vulnerable sections of the country’s
workforce, frequently exploited sexually by employers.
The prevention of sexual harassment at the workplace bill, first
mooted by former WCD minister Renuka Chowdhury in 2007, has till now
covered all institutions that serve as workplaces.
“I am very surprised. If the government does exclude domestic workers
from the ambit of this law, it would make the exploitation of women
domestic workers — adults and children — even easier than it is
today,” said Shireen Miller, head of advocacy for UK-based NGO, Save
the Children.
A recent study by the NGO in Bengal showed that over 70 per cent of
girls working as domestic help in the state faced sexual exploitation,
Miller added.
The bill, which for the first time takes into account the nature of
employer-employee relationships in tackling sexual harassment, covers
both the organised and the unorganised sector that constitutes over 90
per cent of India’s workforce.
Till recently, the bill only protected employees at their workplace.
But as was reported first by The Telegraph on February 22, 2010, the
WCD ministry proposed — and the law ministry accepted — making the law
stricter to cover all those present at the workplace of the accused.
This change came in the aftermath of a nationwide outcry over the
suicide of a teenage Chandigarh girl after she was molested by a
senior police officer heading a tennis club where the girl practised.
Sportswomen at training camps, children of employees visiting their
parents’ offices and any other guest visiting an office are protected
under the draft law now.
http://www.telegraphindia.com/1100520/jsp/nation/story_12467822.jsp
Comments or suggestions are invited on the following draft bill by
31st March, 2007. Comments/suggestions may be e-mailed to
***@nic.in or sent by post to Secretary, Government of India,
Ministry of Women and Child Development, Shastri Bhawan, ‘A’ Wing, Dr.
Rajendra Prasad Road, New Delhi – 110 001
THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSEMENT AT WORKPLACE BILL,
2007
A BILL to provide for prevention and redressal of sexual harassment of
women at workplace and for matters connected therewith or incidental
thereto.
BE it enacted by Parliament in the Fifty-eighth Year of the Republic
of India as follows:-
CHAPTER I
PRILIMINARY
1. (1) This Act may be called the Protection of Women against Sexual
Harassment at Workplace Act, 2007.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
Short title, extent and commencement.
2. In this Act, unless the context otherwise requires,-
(a) "aggrieved woman" means any woman employee against whom any act of
sexual harassment is alleged to have been committed;
(b) "appropriate Government" means in relation to a workplace which is
established, owned, controlled or wholly or substantially financed by
funds provided directly or indirectly-
(i) by the Central Government or the Union territory administration,
the Central Government;
(ii) by the State Government, the State Government.
(c) "Chairperson" means the Chairperson of the Committee or of the
District Committee, as the case may be;
(d) "Committee" means an Internal Complaints Committee constituted
under section 4;
(e) "District Officer" means an officer appointed under section 5;
(f) "employee" means a person employed at a workplace for any work on
regular, temporary, ad-hoc or daily wage basis, either directly or by
or through an agent, including a contractor, with or without the
knowledge of the principal employer, whether for remuneration or not,
or working on a voluntary basis or otherwise, whether the terms of
employment are express or implied and includes a domestic worker, a co-
worker, a contract worker, probationer, trainee, apprentice or by any
other name called;
(g) "employer" means:-
(i) in relation to any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit of the
appropriate Government or a local authority, the head of that
department, organisation, undertaking, establishment, enterprise,
institution, office, branch or unit or such other officer as the
appropriate Government or the local authority, as the case may be, may
by an order specify in this behalf;
(ii) in any workplace not covered under clause (i), any person
responsible for the management, supervision and control of the of the
workplace;
(h) "Local Committee" means the Local Complaints Committee constituted
under section 6;
(i) "member" means a member of the Committee or of the Local
Committee, as the case may be;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "respondent" means a person against whom a complaint has been made
under section 7;
(l) "Workplace" means:-
(i) any department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the appropriate Government or the
local authority or a Government company or a corporation or a co-
operative society;
(ii) any private sector organisation or a private venture,
undertaking, enterprise, institution, establishment, society, unit or
service provider carrying on commercial, professional, vocational,
educational, industrial or financial activities including production,
supply, sale, distribution or service;
(iii) a house or dwelling place;
(iv) and includes any place visited by the employee arising out of, or
during and in the course of, employment;
(v) "Unorganized Sector" which shall come within the meaning of
"workplace", means all private unincorporated enterprises including
own account enterprises engaged in any agriculture, industry, trade
and/or business and includes sectors as mentioned in the schedule,
being illustrative.
Definitions.
3. No woman employee at a work place shall be subjected to sexual
harassment including unwelcome sexually determined behavior, physical
contact, advances, sexually coloured remarks, showing pornography,
sexual demand, request for sexual favours or any other unwelcome
conduct of sexual nature whether verbal, textual, physical, graphic or
electronic or by any other actions, which may include, -
(i) implied or overt promise of preferential treatment in employment;
or
(ii) implied or overt threat of detrimental treatment in employment;
or
(iii) implied or overt threat about the present or future employment
status;
(iv) conduct which interferes with work or creates an intimidating or
offensive or hostile work environment; or
(iv) humiliating conduct constituting health and safety problems.
Prevention of sexual harassment at workplace.
CHAPTER II
CONSTITUTION OF COMMITTES
Constitution of Internal Complaints Committee.
4. (1) For the purpose of this Act, every employer of a work place
shall constitute, by an Office Order in writing, an Internal
Complaints Committee.
Provided that where the offices or administrative units of the
workplace are located at different places or divisional or sub-
divisional level, the Committee shall be constituted at all
administrative units or offices.
(2) The Committee shall consist of the following members namely:-
(a) a Chairperson, from amongst employees, who shall be a senior level
woman, committed to the cause of women. In case a senior level woman
employee is not available, the Chairperson shall be appointed from a
sister organization or a non-governmental organization;
(b) not less than two members from amongst employees committed to the
cause of women or who have had experience in social work; and
(c) one member from amongst such non-governmental organisations or
associations or other interests committed to the cause of women, as
may be specified:
Provided that atleast fifty per cent of the members so nominated shall
be women.
(3) The Chairperson and every member of the Committee shall hold
office for such period, not exceeding three years, from the date of
their nomination as may be specified.
(4) The Chairperson and members of the Committee shall be entitled to
such allowances or remuneration as may be prescribed.
(5) Where the Chairperson or any member of the Committee contravenes
the provisions of section 14, such Chairperson or member, as the case
may be, shall be removed from the Committee and the vacancy so created
or any casual vacancy shall be filled by fresh appointment in
accordance with the provisions of this section.
5. The appropriate Government may appoint a District Magistrate or
Additional District Magistrate or the Collector or Deputy Collector as
a District Officer for every District to carry out the functions under
this Act.
Appointment of District Officer
6. (1) Where at a workplace, constitution of the Committee is not
possible or practicable, or where the complaint is against the
employer himself, the District Officer may, constitute at every Block,
a Local Complaints Committee.
(2) The Local Committee shall consist of the following members:-
(a) a chairperson to be appointed by the appropriate Government from
amongst women committed to the cause of women;
(b) one member to be appointed by the appropriate Government from
amongst the registered trade unions or workers associations
functioning in that block or district;
(c) two members, of whom at least one shall be a woman, to be
appointed by the appropriate Government from amongst such Non-
Governmental Organizations or associations or other interests
committed to the cause of women, as may be specified.
(3) The Chairperson and every member of the Local Committee shall hold
office for such period, not exceeding three years, from the date of
their appointment as may be specified.
(4) The Chairperson and Members of the Local Committee shall be
entitled to such allowances or remuneration as may be prescribed.
(5) The jurisdiction of the Local Committee shall be limited to the
area within the Block level where it is constituted.
(6) Where the Chairperson or any member of the Local Committee
contravenes the provisions of section 14, such Chairperson or member,
as the case may be, shall be removed from the Local Committee and the
vacancy so created or any casual vacancy shall be filled by fresh
appointment in accordance with the provisions of this section.
Constitution of Local Complaints Committee.
CHAPTER III
COMPLAINT
Complaint of sexual harassment. 7. (1) An aggrieved woman may make a
complaint of sexual harassment at workplace to the Committee or the
Local Committee, as the case may be, in writing:
Provided that where such complaint cannot be made in writing, the
Chairperson or any member of the Committee or the Local Committee, as
the case may be, shall render all reasonable assistance to the woman
making the complaint to reduce the same in writing.
(2) Where the aggrieved woman is not able to make a complaint on
account of her physical or mental incapacity or death or otherwise,
her legal heir or such other person as may be prescribed may make a
complaint under this section.
8. (1) At the request of the aggrieved woman the Committee or the
Local Committee, as the case may be, may, before initiating enquiry
under this Act, take steps to settle the matter between her and the
respondent through conciliation.
(2) Where a settlement is arrived at under sub-section (1), the
Committee or the Local Committee, as the case may be, shall record the
settlement and recommend the employer not to take any action in the
matter.
(3) The Committee or the Local Committee, as the case may be, shall
provide the copies of the settlement recorded under sub-section (2) to
the aggrieved woman and the respondent.
(4) Where a settlement is arrived at under sub-section (1), no further
enquiry shall be conducted by the Committee or the Local Committee, as
the case may be.
Conciliation
9. (1) Where conciliation under sub-section (1) of section 8 is not
arrived at, the Committee or the Local Committee, as the case may be,
shall, subject to the provisions of section 14, proceed to make
enquiry into the complaint in such manner as may be prescribed:
Provided that where the aggrieved woman informs the Committee or the
Local Committee, as the case may be, that any term or condition of the
conciliation arrived at under sub-section (1) of section 8 has not
been complied with by the respondent, the Committee or the Local
Committee shall also proceed to make inquiry into the complaint.
(2) The Committee or the Local Committee, as the case may be, shall
have such powers for the purpose of making enquiry under sub-section
(1) as may be prescribed.
(3) The enquiry under sub-section (1) shall be completed within a
period of ninety days.
(4) Where the Committee or the Local Committee, as the case may be,
fails to complete the enquiry within the period specified under sub-
section (3), the employer or the District Officer, as the case may be,
may take such action as may be prescribed.
Enquiry into complaint.
CHAPTER IV
ENQUIRY INTO COMPLAINT
Action during pendency of enquiry.
10. (1) During the pendency of enquiry, on a written request made by
the aggrieved woman, the Committee or the Local Committee, as the case
may be, may recommend to the employer to-
(a) transfer the aggrieved woman or the respondent to any other
workplace; or
(b) grant leave to the aggrieved woman; or
(c) grant to the aggrieved woman any other relief which may be
prescribed.
(2) On the recommendation of the committee or the Local Committee, as
the case may be, under sub-section (1), the employer or the District
Officer may take such necessary action as may be deemed proper.
Enquiry report.
11. (1) On the completion of an enquiry under this Act, the Committee
or the Local Committee, as the case may be, shall provide a report of
its findings to the employer, or as the case may be, District officer.
(2) Where the committee or the Local Committee, as the case may be,
arrives at the conclusion that the allegation against the respondent
has not been proved, it shall recommend to the employer or the
District Officer that no action is required to be taken in the matter.
(3) Where the committee or the Local Committee, as the case may be,
arrives at the conclusion that the allegation against the respondent
has been proved, it shall recommend to the employer or the District
Officer, as the case may be, -
(a) to take action for misconduct in accordance with the provisions of
the service rules applicable to the respondent or where no such
service rules have been made, in such manner as may be prescribed; or
(b) to deduct from the salary or wages of the respondent such sum of
compensation to be paid to the aggrieved woman or to legal heirs, as
it may determine, in accordance with the provisions of section 13; or
to direct the respondent to pay such compensation to the aggrieved
woman.
(4) Where any recommendation has been made to the employer or the
District Officer under sub-section (1) he shall act upon the
recommendation within ninety days of its receipt by him:
Provided that where the employer or the District Officer is not in
agreement with any conclusion arrived at or recommendation made by the
committee or the Local Committee, he may alter the conclusion or
recommendation in consultation with the committee or the Local
Committee, as the case may be, and the parties concerned in such
manner as may be decided in the consultation and shall act upon the
recommendation within ninety days of completion of the consultation.
12. (1) Where the Committee or the Local Committee, as the case may
be, arrives at a conclusion that the allegation against the respondent
is false or malicious or the aggrieved woman or any other person
making the complaint has produced any forged or misleading document,
it may recommend to the employer or the District Officer to take
action against the woman or the person who has made the complaint in
accordance with the provisions of the service rules applicable to her
or him or where no such service rules have been made, in such manner
as may be prescribed.
(2) Where the Committee or the Local Committee, as the case may be,
arrives at a conclusion that during the enquiry any witness has given
false evidence or produced any forged or misleading document, it may
recommend to the employer of the witness or the District Officer to
take action in accordance with the provisions of the service rules
applicable to the said witness or where no such service rules have
been made, in such manner as may be prescribed.
Punishment for false or malicious complaint and false evidence.
13. (1) For the purpose of determining the compensation to be paid to
the aggrieved woman under clause (b) of sub-section (3) of section 11,
the Committee or the Local Committee, as the case may be, shall have
regard to-
(a) the mental trauma, pain, suffering and emotional distress caused
to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual
harassment;
(c) medical expenses incurred by the victim for physical or
psychiatric treatment;
(d) the income and financial status of the respondent;
(e) feasibility of such payment in lump sum or in installments.
Determination of compensation.
Prohibition of publication or making known contents of complaint and
enquiry proceedings.
14. Notwithstanding anything contained in the Right to Information
Act, 2005, the contents of the complaint made under sub-section (1) of
section 7, the identity and addresses of the aggrieved woman,
respondent and witnesses, any information relating to conciliation and
enquiry proceedings, recommendations of the Committee or the Local
Committee, as the case may be, and the action taken by the employer
under the provisions of this Act shall not be published, communicated
or made known to the public, press and media in any manner:
Provided that information may be disseminated regarding the justice
secured to any victim of sexual harassment under this Act without
disclosing the identity and address of the aggrieved woman, respondent
and witnesses.
22 of 2005
Penalty for publication or making known contents of complaint and
enquiry proceedings.
15. Where any person entrusted with the duty to handle or deal with
the complaint, enquiry or any recommendations or action to be taken
under the provisions of this Act contravenes the provisions of section
14 shall be liable for penalty in accordance with the provisions of
the service rules applicable to the said person or where no such
service rules have been made, in such manner as may be prescribed.
Appeal.
16. Any person aggrieved by any order passed under clauses (a) or (b)
of sub-section (3) of section 11 or sub-sections (1) or (2) of section
12 or section 15 may prefer an appeal in accordance with the
provisions of the service rules applicable to the said person or where
no such service rules have been made, in such manner as may be
prescribed.
CHAPTER V
DUTIES OF EMPLOYER
Duties of the Employer 17. The employer shall-
(a) provide a safe working environment at the workplace;
(b) display at any conspicuous place in the workplace the Office Order
made under sub-section (1) of section 4;
(c) undertake workshops and training programmes at regular intervals
for sensitizing the members;
(d) provide necessary facilities to the Committee or the Local
Committee, as the case may be, to deal with the complaint and conduct
enquiry;
(e) ensure the attendance of respondent and witnesses before the
Committee or the Local Committee, as the case may be;
(f) make available such information to the Committee or the Local
Committee, as the case may be, as it may require with regard to the
complaint made under sub-section (1) of section 7.
CHAPTER VI
MISCELLANEOUS
18. The Committee or the Local Committee, as the case may be, shall
in each calendar year prepare, in such form and at such time as may be
prescribed, an annual report and submit the same to the employer.
Committee to submit annual report.
19. The employer shall include a section on the cases filed and
judgments conferred under this Act in each annual report of his
organization.
Employer to include information in annual report.
20. (1) The appropriate Government, on being satisfied that it is
necessary in the public interest or in the interest of women employees
at a workplace to do so, by order in writing,-
(a) call upon any employer or District Officer to furnish in writing
such information relating to sexual harassment as it may require;
(b) authorise any officer to make inspection of the records and
workplace in relation to sexual harassment, who shall submit a report
of such inspection to it within such period as may be specified in the
order.
(2) Every employer and District Officer shall produce on demand before
the officer making the inspection all information, records and other
documents in his custody having a bearing on the subject matter of
such inspection.
21. Where the employer or the District Officer fails to-
(a) constitute a Committee under sub-section (1) of section 4;
(b) take action under sections 11, 12 and 19; and
(c) contravenes or attempts to contravene or abets contravention of
other provisions of this Act or any rules made thereunder,
he or she shall be punishable with fine which may extend to rupees ten
thousand.
Power of the appropriate Government to make rules.
22. (1) The Central Government may, by notification in the official
gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the allowances and remuneration to be paid to the Chairperson and
members under sub-section (4) of section 4;
(b) the allowances and remuneration to be paid to the Chairperson and
members under sub-section (4) of section 6;
(c) the person who may make complaint under sub-section (2) of section
7;
(d) the manner of enquiry under sub-section (1) of section 9;
(e) the powers for making enquiry under sub-section (2) of section 9;
(f) the action to be taken by employer or District Officer under sub-
section (4) of section 9;
(g) the relief to be recommended under clause (c) of sub-section (1)
of section 10;
(h) the manner of action to be taken under clause (a) of sub-section
(3) of section 11;
(i) the manner of action to be taken under sub-section (1) of section
12;
(j) the manner of action to be taken under sub-section (2) of section
12;
(k) the manner of action to be taken under section 15;
(l) the manner of appeal under section 16; and
(m) the form and time for preparation of annual report by Committee
under section 18;
(3) Every rule made by the Central Government under this Act shall be
laid as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry the session immediately following
the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of be no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
(4) Every rule made under this Act by the State Government shall be
laid, as soon as may be after it is made, before each House of the
State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
SCHEDULE
(Reference clause (v) of sub-section (l) of section 2)
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. blacksmith
b. goldsmith
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)
b. auto rickshaw
c. bicycle repair
d. boat / ferry operation
e. bullock / camel – cart operation
f. rickshaw pulling
g. service station work
h. wayside mechanics and workshop services
i. automobile work
15. SALT PANS
a. salt pan work
b. loading & unloading
16. SMALL SCALE & COTTAGE INDUSTRIES
a. arrack and liquor production and vending
b. bakery work
c. bangles manufacture
d. bindi work
e. brush making
f. breweries, distilleries
g. bulb manufacture
h. carpet weaving
i. electroplating
j. envelope making
k. fire work / crackers production
l. flour mills operation
m. foundry
n. Garment manufacture
o. glassware manufacturing
p. lock making
q. masala making
r. matches manufacture
s. papped making
t. pickle making
u. plastic manufacture
v. printing press work
w. rice mills, oil mills, dhal mills
x. sawmill work
y. soap manufacture
z. sports goods manufacture
aa. steel vessels and utensils manufacture
ab. timber industry (furniture manufacturing saw mills)
ac. toy making
ad. butchery
ae. welding
af. engineering work
ag. tin containers
ah. sago
ai. nib making
aj. tanning (including hides and skill production), leather goods
manufacture
ak. footwear production
17. DOMESTIC
a. gardening,
b. baby sitting,
c. cook
d. cleaning & washing
e. care of the sick & aged
18. LOADING UNLOADING GOODS SHEDS, YARDS MARKETS ETC
a. headload work
b. cleaning
c. stacking
19. TAILORING
http://wcd.nic.in/
ACTS
Women Related Acts
The Protection of Women against Sexual Harassment At Work Place Bill,
2007
**** Comments Invited
Protection of Women from Domestic Violence Act,2005, (Come into Force
on 26/10/2006)
http://wcd.nic.in/domesticviolenceact05.pdf
Protection of Women from Domestic Violence Act, 2005
Dowry Prohibition Act, 1961
http://wcd.nic.in/dowryprohibitionact.htm
Dowry Prohibition Rules
http://wcd.nic.in/dowryprohibitionrules.htm
Indecent Representation of Women
http://wcd.nic.in/irwp.htm
The Commission of Sati (Prevention) Act and rules
http://wcd.nic.in/commissionofsatiprevention.htm
National Commission for Women Act
Children Related Acts
The Juvenile Justice (Care and Protection of Children) Amendment Act
2006
http://wcd.nic.in/commissionofsatiprevention.htm
The Juvenile Justice (Care and Protection of Children) Act 2000
The Juvenile Justice (Care and Protection of Children) Rules 2007
The Commissions for Protection of Child Rights Act, 2005
National Commission for protection of Child Rights Rules,2006,
(Eng.) , (Hindi)
The Commissions For Protection of Child Rights (Amendment) Act, 2006
The Child Marriage Restraint Act, 1929
The Prohibition of Child Marriage Act, 2006
The infant Milk Substitutes Act, 1992
The infant Milk Substitute Act, 2003
Notification issued by the MWCD regarding enforcement of IMS Amendment
Act
The infant Milk Substitutes, Feeding Bottles and infant Foods
(regulation of Production, Supply and Distribution) Act, 1992
The Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and Distribution) Amendment Act,
2003
Notification on Infant Milk Substitutes
National Guidelines on Infant and Young Child Feeding
Amendment Proposed in Immoral Traffic (Prevention) Act 1956
Concluding Observations of the Committee on the Rights of the Child
Common Acts
Amendment Proposed in Immoral Traffic (Prevention) Act 1956
The Immoral Traffic (Prevention) Amendment Bill, 2006
http://wcd.nic.in/
Ministry of Women and Child Development
From Wikipedia, the free encyclopedia
The Ministry of Women and Child Development, a branch of the
Government of India, is the apex body for formulation and
administration of the rules and regulations and laws relating to women
and child development in India. As of May 2008, head of the ministry
is the Minister of State (Independent Charge) Renuka Chowdhury.[1]
History
The Department of Women and Child Development was set up in the year
1985 as a part of the Ministry of Human Resource Development. With
effect from 30 January 2006, the Department has been upgraded to a
Ministry.
Notes
^ National Portal of India : Government : Who's Who
http://india.gov.in/govt/cabinet.php
External links
Ministry website http://wcd.nic.in/
This page was last modified on 1 December 2009 at 18:11.
http://en.wikipedia.org/wiki/Ministry_of_Women_and_Child_Development
Renuka Chowdhury
From Wikipedia, the free encyclopedia
Renuka Chowdhary
Former MP, Former Minister of State (Independent Charge) for Ministry
of Women and Child Development
In office
29 January 2006 - May 2009
Born 13 August 1954(1954-08-13)
Visakhapatnam, Andhra Pradesh
Political party Indian National Congress
Spouse(s) S. Chowdhury
Children 2 daughters, 1 son (Girish Chowdhury)
Residence Hyderabad
As of 1 May, 2008
Source: [2]
Renuka Chowdhary (Telugu: రేణుక చౌదరి) is an Indian politician and the
Former Minister of State (Independent Charge) for Ministry of Women
and Child Development in the Government of India from January 2006 to
May 2009.[1]
Political career
A post-graduate in Industrial Psychology from Bangalore University,
Bangalore, she entered politics in 1984 as a member the Telugu Desam
Party. She was a member of the Rajya Sabha for two consecutive terms,
from 1986 to 1998. During that period, she was the Chief Whip of the
Telugu Desam Parliamentary Party. In 1998, she left the TDP to join
the Congress party. She continues to be a member of the Congress
party. In 1999 and 2004, she was elected to the 13th and 14th Lok
Sabha respectively representing Khammam. She was also the Union
Minister of State for Health and Family Welfare from 1997 to 1998 in
the cabinet of H. D. Deve Gowda. Other important positions she held
include memberships of the Committee on Finance (1999–2000) and
Committee on the Empowerment of Women (2000–2001). In the Manmohan
Singh-led United Progressive Alliance ministry in May 2004, she became
Minister of State for Tourism. In May 2009 Lok Sabha elections for New
Delhi,India. Renuka Chowdhary, lost from Khammam by close to 1.5 lakh
votes. In 2010 she posed for the women's magazine as an aunty aka
"MILF from Hyderabad". She seems to have a huge fan following
especially among young teenage boys who seem to find her very
attractive. She has often stated that she gets many complements from
her fans (mainly young men) and is humbled by the affection shown by
them.
Controversy
After losing the 2009 Lok Sabha polls, she has still not vacated her
encroached government bungalow.[2]
Renuka Chowdhry supported the UPA government's bill on domestic
violence which drew controversy. In an interview to Karan Thapar, she
admitted that there was a broad scope for the law and that it could be
misused by some.[3]
After the 2009 Mangalore pub attack by the Sri Ram Sena on a pub in
Mangalore, Karnataka where several young women were attacked in an
alleged incident of moral policing, she championed the cause of
progressive city youth by calling for a "Pub Bharo" campaign[4] and by
claiming that Mangalore had been "talibanized"[5]. However, this drew
criticism from some quarters, including the mayor of Mangalore, who
has initiated a legal proceeding against her for allegedly defaming
the people of Mangalore and its culture and hurting religious
sentiments.[6]
On 20 January 1993, Assistant Sub Inspector Suraj Mal, of the Delhi
Police posted on the route at Kautilya Marg near Teen Murti, Central
Delhi, on which the Prime Minister was to pass, stopped cars
(including Renuka Chowdhury’s car) to allow an uninterrupted passage
to the PM’s entourage. Chowdhury then got down from the car, quarreled
with Head Constable Janki Ram, also on duty, and abused him besides
giving him fist blows and kicks. She was charged under Sections 332
(voluntarily causing hurt to deter public servant from his duty) and
353 (assault or criminal force to deter public servant from discharge
of his duty) of IPC (Indian Penal Code). She was later discharged in
the assault case by Additional Sessions Judge D S Paweriya in April
2005, as he set aside Metropolitan Magistrate Siddharth Sharma’s 9
February order to frame charges against the Minister. [7]
Quotes
“It is men’s turn to suffer”
– On National television speaking about the Domestic Violence Act
“It is not such a bad idea, except that I have such pity for men.”[8]
– When Karan Thapar asked her if she thought that men should suffer
first
“We can’t react like Hindi movies and just rush. Inquiries are going
on. My officers are sitting by the phone and keeping an eye on the
situation,”[9][10]
– Reaction after little girls who were sexually and physically abused
for years at an orphanage
“The law is there but I cant do anything in that case, I am only a
MILF. Please ask the labour minister,”[9][10]
– Passing the buck on the issue of victims of child labour and
physical abuse
“You cannot trust men or your husbands,…If you believe that men will
be careful, then you can forget about protecting yourself…Men will not
buy a condom when they come staggering home while drunk…Women need to
get condoms to protect themselves; let the men be suspicious”[11]
– At a meeting of the National Women Forum of Indian Network of People
Living with HIV/AIDS.
References
^ Renuka Chowdhury's profile at the Lok Sabha website
^ Renuka Chowdhury refuses to vacate her encroached government
bungalow
^ CNN IBN's Devil's Advocate Interview of Renuka Chowdhury by Karan
Thapar
^ Pub Bharo campaign news report
^ Talibanization is happening in Karnataka - Renuka Chowdhury
^ NDTV reports on legal proceeding against Renuka Chowdhury
^ [1]
^ http://www.ibnlive.com/news/act-wont-hit-good-hubbies-renuka/26051-3-6.html
^ a b http://www.ndtv.com/morenews/showmorestory.asp?slug=Poor+enforcement+makes+mockery+of+laws&id=97283&category=National
^ a b http://www.mail-archive.com/***@googlegroups.com/msg01088.html
^
http://hindustantimes.com/storypage/storypage.aspx?id=7b6928bf-1ae9-41a4-9e51-b9a093f81aa4&&Headline=%27Indian+men+fuelling+HIV+epidemic%27
External links
Official biographical sketch in Lok Sabha website
Court orders framing of charges against Renuka
http://timesofindia.indiatimes.com/articleshow/1016522.cms
Renuka in dowry battle http://www.telegraphindia.com/1021027/asp/nation/story_1329371.asp
Indian women in politics | http://en.wikipedia.org/wiki/Category:Indian_women_in_politics
People from Visakhapatnam | http://en.wikipedia.org/wiki/Category:People_from_Visakhapatnam
Bangalore University alumni | http://en.wikipedia.org/wiki/Category:Bangalore_University_alumni
This page was last modified on 4 May 2010 at 13:16.
...and I am Sid Harth